In the event an applicant or applicant's successor in interest fails to comply with all conditions of permit approval or otherwise does not comply fully with the City's approval, the City may institute a revocation or modification proceeding under this Section.
A. Situations When Permit Approvals May Be Revoked Or Modified: All quasi-judicial permits may be revoked or modified if the Planning Commission determines a substantial likelihood that any of the following situations exists:
1. One or more conditions of the approval have not been implemented or have been violated.
2. The activities of the use, or the use itself, are substantially different from what was approved.
3. The use is subject to the nonconforming use regulations, the owner or operator has not obtained approval, and has substantially altered the nature or extent of the use since the time the use became nonconforming.
B. Process For Revocation And Modification: Revocation or modification shall be processed as a Type III decision. The City or any private complaining party shall have the burden of proving, based on substantial evidence in the whole record, that the applicant or the applicant's successor has in some way violated the City's approval.
C. Possible Actions At The Revocation Hearing: Depending on the situation, the Planning Commission may take any of the actions described in this Section. The Planning Commission may not approve the new use or a use that is more intense than originally approved unless the possibility of this change has been stated in the public notice. Uses or development which are alleged to have not fulfilled conditions, violated conditions, or when the use is not consistent with the City's approval may be subject to the following actions:
1. The Planning Commission may find that the use or development is complying with the conditions of the approval. In this case, the use or development shall be allowed to continue.
2. The Planning Commission may modify the approval if it finds that the use or development does not fully comply with the conditions of approval, that the violations are not substantial enough to warrant revocation, and that the use can comply with the original approval criteria if certain conditions are met. In this case, the Planning Commission may modify the existing conditions, add new conditions to ensure compliance with the approval criteria and standards, or refer the case to the Code Compliance Officer for enforcement of the existing conditions.
3. The Planning Commission may revoke the approval if it finds there are substantial violations of conditions or failure to implement conditions of prior land use decisions, such that the original approval criteria for the use or development are not being met.
D. Effect Of Revocation: In the event that the permit approval is revoked or the use is declared to be illegal, the use or development shall be terminated within thirty (30) days of the date of the Planning Commission's final order, unless the decision provides otherwise. In the event the decision on a revocation request is appealed, the revocation action shall be stayed pending a final, unappealed decision. (Ord. 688, 6-15-1999)