(a) Violation. No permit shall be issued for a conditional use for a property or site upon which there is an existing violation of this or any other chapter of the City of Wheeling code.
(b) Expiration of Conditional Use Permit.
(1) A conditional use permit shall be void if renovations are not started within six months and completed within one year of the date of issuance of the conditional use permit. Such conditional use permit approval may be extended once for a maximum period of one year from its otherwise specified termination date by the BZA upon prior written request by the applicant. Such written request must include a statement of justification for the requested time extension.
(2) If no renovations are involved, a conditional use permit shall be void if the use has not commenced within six months of final conditional permit approval.
(3) Unless other provisions are specifically set forth by the BZA, the conditional permit shall expire if said use shall substantially or totally cease for a period of six months during any twelve-month period, irrespective of whether an intent to cease such use may exist. Intent to resume the conditional use shall not confer the right to do so. See also Section 1372.06(e) regarding cessation of use.
(c) Revocation. In all cases, including those cited above, a conditional use permit may be revoked by the BZA, if it is found and determined that there has been a substantial failure to comply with any of the terms, conditions, limitations, restrictions, standards, and requirements imposed by said permit. The Building Inspector shall make a recommendation to the BZA when a conditional use permit should be revoked. The permit may also be revoked if the BZA is made aware by the Planning Administrator that the applicant had made materially false statements during the application process or presented information to the BZA that the Board finds at a later date to be inaccurate, untrue or misleading. In such cases, the conditional permit holder shall be granted a period of sixty calendar days from the day following the Planning Administrator or the Building Inspector's recommendation to bring the conditional use into full compliance. At the close of the sixty-day period if there still remains issues of non-compliance as described herein, then the BZA shall hold a public hearing. After the public hearing and upon specific determination by the BZA that such conditions as may have been prescribed in conjunction with the issuance of the original permit have not been or are no longer being complied with, the Board may revoke the permit.
(d) Inspection. In connection with the issuance of a conditional permit, the BZA may establish a schedule of inspections by the Planning and Zoning Department of a conditional permit use to determine continued compliance.
(Ord. 13707. Passed 11-18-08.)