(A) A conditional use permit approved shall expire if the primary use proposed under the conditional use permit has not been undertaken and completed according to the terms and conditions of the conditional use permit within two years of the approval of the conditional use permit. A conditional use permit is considered approved upon the effective date of the Planning and Zoning Board or Board of Commissioners’ action, resolution, or ordinance relating thereto.
(B) A conditional use permit approved shall expire one year after the use discontinues on the premises.
(C) The use is changed to another permitted use in the underlying district.
(D) Upon written request to the Director and prior to the conditional use permit expiration date, the Director shall place the extension request on the next regular scheduled Planning Commission meeting. The Planning and Zoning Board may extend the period of the conditional use permit where it is warranted in light of the relevant circumstances, including, but not limited to the size and phasing of the development, economic cycles, and market conditions. The Planning and Zoning Board may grant one two-year extension to the original conditional use permit or major amendment. If a longer extension is requested, the extension shall be processed as a major amendment and shall follow all procedures required in § 155.339(B)(1).
(E) (1) A conditional use permit may be revoked only for cause consisting of failure to maintain the standards required for the conditional use permit.
(2) A notice of intent to revoke a conditional use permit shall be given in writing 30 days prior to actual revocation and shall specify the area or areas of continued failure to meet requirements and maintain conditions the city may have imposed.
(3) If, during that period, proof of compliance is made by the holder of the conditional use permit, the conditional use permit shall be continued in force.
(4) If a hearing has been requested following receipt of notice of intent to revoke, the Planning and Zoning Board shall hold a public hearing on the matter and make a final determination on the revocation.
(Ord. passed 2-3-2011, § 2.36.050)