Where a permitted, secondary or special exception land use is designated in the LUC as subject to suspension or revocation for failure to conform to adopted conditions and there is reason to believe that it is being operated in a manner that violates the conditions imposed for the use, the use may be suspended or revoked as follows:
(1) Determination by the zoning administrator. Upon receipt of information establishing a reasonable grounds for determining that a conditional use is operating in violation of established conditions, the zoning administrator shall initiate such further investigation as may be necessary and, based upon that investigation, shall determine if a violation of the conditions exists.
(2) Notice of violation. Upon determination that a violation of conditions exists, the zoning administrator shall notify the property owner and all other parties who may be identified with the operation of the use of the determination that a violation exists. The notice shall state the facts that support the determination. The notice shall further state that the use may be suspended, subject to additional conditions or revoked if the property is not brought into compliance with all use conditions. The determination shall not be final until a period of fourteen (14) days from the date it is issued or until an appeal to the board of adjustment has been completed.
(3) Appeal to the board of adjustment. A party who has received a determination that a conditional use will be suspended, subject to additional conditions or revoked, may appeal that decision by filing a notice of appeal with the zoning administrator within fourteen (14) days of the date of the decision. The appeal shall state the reasons for the appeal. Upon receipt of such a notice, the zoning administrator shall schedule a public hearing before the board of adjustment to consider the appeal.
(4) Public notice. Public notice shall be provided in accordance with section 23A-50.
(5) Public hearing. The board of adjustment shall conduct a public hearing to determine whether the use has complied with required conditions. The board of adjustment shall determine whether the zoning administrator's decision is supported by evidence in the record at the hearing. The board of adjustment may affirm, reverse or modify the decision of the zoning administrator and may place additional or different conditions upon the use.
(6) Final decision. Where no appeal is filed or the board of adjustment affirms or modifies the decision of the zoning administrator, a determination shall become final. Failure to comply with a final order shall be a continuing violation of the Land Use Code for each day of operation that is not in full compliance.
(7) Notice of decision. Notice of the decision on an application shall be mailed within three (3) days of the decision to the applicant and all persons who request the notice.
(Ord. No. 9967, § 9, 5-17-04; Ord. No. 10387, § 4, 4-10-07)