(A) Adherence to approved plans, regulations. A special use or a temporary use shall be established, operated, and maintained in accordance with the plans, terms, conditions, and limitations contained in the permit approved by the City Council.
(C) Revocation.
(1) The City Administrator, after notice to the holder of the permit, may revoke any special use or temporary use permit for one or more of the following reasons:
(a) A substantial violation of any of the plans, terms, conditions, and limitations applicable to the special use;
(b) A substantial violation of any applicable ordinance or regulation;
(c) Operation or maintenance of the special use in a manner that is detrimental to the public's health or safety, or so as to constitute a nuisance;
(d) Discontinuance of the use or sale of the property;
(e) Transfer of an interest in the real property subject to the special use, whether such transfer is by gift, sale, lease, devise, or otherwise; and/or
(f) Giving any false, misleading, or fraudulent statements made in connection with or on the permit application.
(2) The holder of a permit that has been revoked may not apply for a new permit for one year from the date of revocation, unless the revocation is overturned on appeal.
(D) Appeal. An applicant or permit holder aggrieved by a decision by the City Administrator to deny a permit renewal or revoke a permit may appeal the decision to the City Council. A person may file an appeal in writing with the City Administrator not later than 15 days from the date of the City Administrator’s decision on the permit. The appeal under this section shall describe the action appealed from and reason for the appeal.
(1) The City Council shall hold a hearing not later than the forty-fifth day after an appeal is filed. The appellant shall have the right to present witnesses and testimony at such hearing.
(2) The City Council may uphold, reverse, or modify a decision by the City Administrator.
(E) Lapse of permit. A special use permit shall lapse within one year of the date the permit is issued unless the use has commenced or, and is diligently pursued toward completion.
(F) Permit term and renewal.
(1) Special use permits shall be valid for a term of one year from date of issuance.
(2) Temporary special use permits shall be valid for the number of days specified at time of issuance, not to exceed 30 consecutive days, unless extended.
(3) The holder of a special use permit may submit an application for renewal when the permit is within 60 days of expiration. The application for renewal shall include all information required to demonstrate compliance with the general and specific criteria of this section and any special conditions of the permit. If the special use includes any sale of alcoholic beverages, the permittee shall provide documentation of compliance with all requirements of the Texas Alcoholic Beverage Commission and any other applicable state or federal agencies. The application for renewal shall be accompanied with the annual permit fee as established by the City Council.
(4) The City Administrator may administratively renew the permit provided that the applicant is found to be in compliance with the terms of this section.
(5) Notwithstanding anything to the contrary in this division, a special use permit for a religious worship use shall remain valid for so long as such use is continuously operated in compliance with the special use permit issued for such use, and need not be renewed annually, if the use is limited to: (i) religious assembly or worship services and administrative functions associated therewith; and (ii) day care or child instruction provided during religious assembly or worship services. An annual renewal of a special use permit shall be required for the operation of a school, the sale of any goods or services, and any other activity not associated with or ancillary to religious assembly or worship services.
(G) Transfer. A special use permit is not transferable.
(H) Short-term food sales. No special use authorization for accessory food sales shall be required pursuant to this section for the following activities:
(1) School or city sponsored activities with a duration less than 24 hours;
(2) Events not to exceed 72 hours associated with the opening of a new retail commercial establishment;
(3) Fund-raising activities by charitable and/or non-profit organizations not to exceed 24 hours;
(4) Activities authorized by a temporary use permit obtained pursuant to § 150.101(J).