1214.06 REVOCATION OF CONDITIONAL USE PERMITS AND VARIANCES.

   A Conditional Use Permit or Variance may be revoked by the Board of Zoning Appeals, or City Planning Commission as appropriate, in accordance with the provisions of this Section, if the recipient of the Conditional Use Permit or the Variance fails to develop or maintain the property in accordance with the plans submitted, the requirements of this Zoning Ordinance, or any additional requirements lawfully imposed as a condition of approval of a conditional use or variance. Before a Conditional Use Permit or Variance can be revoked, the Zoning Administrator shall undertake the following procedures:

   A.    Notice and Opportunity to Comment. The Zoning Administrator shall cause a written notice of intent to revoke the Conditional Use Permit or Variance to be delivered to the property owner five (5) to ten (10) working days prior to the date of the proposed revocation. The notice of intent to revoke the conditional use or variance shall inform the recipient of the alleged reasons for the revocation and of his or her right to obtain a hearing on the allegations.

   B.    Hearing. If the property owner desires a hearing, the Zoning Administrator shall schedule a date on the Board of Zoning Appeal’s or City Planning Commission’s agenda to hear the revocation.

   C.    Decision Rendered. If the revocation was subject to a public hearing, the Board of Zoning Appeals or City Planning Commission shall render a decision upon the proposed revocation within a reasonable time of such hearing. Such decision shall be rendered by written order containing the specific reasons or findings of fact that support the decision.

   D.    Notification of Decision. The Zoning Administrator shall send such decision within five (5) working days to the holder of the Conditional Use Permit or Variance and any other person previously requesting notification.

   E.    Evidence. The burden of presenting sufficient evidence to the Zoning Administrator, the Board of Zoning Appeals, or the City Planning Commission to establish the need to revoke the conditional use permit or variance for any of the reasons set forth in this Section shall be upon the party proposing the revocation.

   F.    Result of Revocation. No person may continue to make use of land or buildings in the manner authorized by any Conditional Use Permit or Variance if it has been revoked in accordance with the provisions of this Section.

   G.    Records. A record of all written notices of the intent to revoke a Conditional Use Permit or Variance shall be kept on file in the office of the Zoning Administrator and a copy shall be sent to the Building Commissioner.