A. Reversion Or Revocation Standards:
1. A variance, special use permit or change of zoning shall be reverted or revoked if the testimony upon which such variance, special use or change of zoning was granted was falsely given.
2. A variance, special use permit or change of zoning may be revoked or reverted if there is a discontinuance of the variance, special use or the use permitted by the change of zoning for a period of six (6) consecutive months.
3. A variance or special use permit shall be revoked or a change of zoning may be reverted to the property's prior zoning classification if the property to which the variance, special use permit or change of zoning has been applied has not been put to use as allowed within one year of the granting of the variance, special use permit or zoning change. However, an extension of one additional year may be granted by the Village Board of Trustees if cause for such nonuse is deemed reasonable and an application for such an extension is made to the Zoning Board not less than sixty (60) days prior to the expiration of the one year period.
B. Initiation Of Reversion Or Revocation: A request for a reversion or revocation may be filed by the Village Board.
C. Application For Reversion Or Revocation: A request for a reversion or revocation shall be filed with the Zoning Officer and shall be in such form, contain such information and be accompanied by such exhibits as the Zoning Board may reasonably require. A copy of such request shall be delivered, via registered or certified mail, return receipt requested, to the record fee title owners of the subject land at their last ascertainable known address. A copy of such request so filed for a revocation of a variance, a special use or the reversion of a change in zoning shall be immediately forwarded by the Zoning Officer to the Secretary of the Zoning Board.
D. Public Hearing: The Zoning Board shall hold a public hearing on the request for reversion or revocation within ninety (90) days after receiving the request from the Zoning Officer. Notice of the time and place of such hearing shall be published at least once, not less than fifteen (15) days before the hearing, in a newspaper published or of general circulation in the Village, according to law. Not less than fifteen (15) days prior to the hearing, a copy of the form of such notice shall be mailed, by registered or certified mail, return receipt requested, to the then record fee title owners addressed to their last ascertainable known address. The public hearing on any such request shall be held in the Village Hall and may be adjourned from time to time.
E. Recommendation Of Zoning Board: The Zoning Board within sixty (60) days after the conclusion of the hearing on any such request, shall transmit a written report to the Village Board stating its findings and recommendations with regard to such request.
F. Action By Village Board Of Trustees: Within thirty (30) days after the receipt of the findings and recommendation of the Zoning Board, the Village Board of Trustees shall grant or deny the requested revocation or reversion or refer the request back to the Zoning Board for further consideration.
G. Effect Of Denial Of Request: In the event the Village Board of Trustees shall deny a request, no such similar request may be filed until the expiration of one year from the date of such denial. (Ord. 93-695, 6-15-1993)