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(A) Scope of authority. A variance shall be reverted or revoked as provided in this section if the testimony upon which the variance was falsely given.
(B) Initiation. Reversions may be proposed by the County Board, Planning and Zoning Commission, or by any person aggrieved by a variance from this chapter.
(C) Processing. The process for reverting a variance shall be as follows.
(1) An application for a reversion shall be filed with the Chief Subdivision Engineer and shall be in a form, contain information and be accompanied by those plans as the Planning and Zoning Commission by rule may require.
(2) A copy of the application shall thereafter be forwarded by the Chief Subdivision Engineer to the Planning and Zoning Commission with a request to hold a public hearing.
(3) The Planning and Zoning Commission shall hold a public hearing within 90 days after receiving the application from the Chief Subdivision Engineer. Notice of the time and place of the hearing shall be published at least once, not less than 15 days before the hearing in a newspaper of general circulation in the county. A copy of the notice of public hearing shall be mailed to the Clerk of each municipality within the same watershed where the variance was granted. Copy of the notice shall be mailed by registered letter to the current interest holders of the land as found on the last tax assessment.
(4) The Planning and Zoning Commission shall within 60 days after the hearing transmit a written report giving its findings and recommendations to the County Board.
(D) Decision. The County Board, upon recommendation of the Planning and Zoning Commission, may grant or deny any proposed reversion or may refer it back to the Planning and Zoning Commission for further consideration.
(E) Permits affected by reversion. When a reversion action has been initiated, no building permit or site development permits for the site shall be issued, until the County Board has decided the matter of the reversion.
(Ord. 10-164, passed 6-17-2010)