There is established pursuant to the authority granted in Section 65900 of the California Government Code, a board of zoning adjustment. The regular members of the board of zoning adjustment shall be the director of planning, building official, and director of public works. For each regular member, an alternate member of the board of zoning adjustment shall be the next most senior official in the city department headed by that regular member. These alternates shall serve when their respective regular members are absent. Any three regular members or alternates shall constitute a quorum for the purpose of conducting business. The director of planning (or alternate) shall serve as the official secretary of the board and shall make, keep and maintain all the records of the proceedings of the board.

(`78 Code, § 17.98.010.) (Ord. 2695 § 1, 2004; Ord. 2157 § 2 (part), 1993; Ord. 1866 § 1, 1987; Ord. 1652 § 2, 1982.)

   The Board shall hear and decide applications for the addition to and the alteration, extension and enlargement of nonconforming uses and buildings, if permitted by Chapter 17.90.

(`78 Code, § 17.98.020.) (Ord. 2047 § 2 (part), 1991.)

   The Board of Zoning Adjustment shall hear and decide applications for special use permits as follows:

   (A)   Uses requiring a special use permit in any zone in the city:

      (1)   An event requires a special use permit if all of the following criteria apply:

         (a)   The event is temporary in nature and does not exceed 180 days in a calendar year; and

         (b)   The event is open to any sector of the general public, including, but not limited to, events that charge an entrance or admittance fee; and

         (c)   The event is located outdoors or in a temporary structure, including tents and canopies, but excluding permanent facilities normally accommodating such events, such as a stadium; and

         (d)   The event is held on private property; and

         (e)   Temporary structures or trailers, including temporary storage containers in the commercial and industrial zones, for a maximum of 180 days in a calendar year.

      (2)   Special events which require a special use permit include, but are not limited to, the following, unless specifically excepted under division (B) below:

         (a)   Carnivals, fairs, circuses and rodeos;

         (b)   Christmas tree sales lots, pumpkin patches, certified farmers markets and other seasonal outdoor sales;

         (c)   Car, truck or other vehicle shows;

         (d)   In the A zone only, temporary sales stands for the sale of agricultural produce by the owner of the land on which the produce is grown. The produce may be sold either on the land where grown or on another site within the A zone owned by the same owner and may only be sold while the produce is in-season locally, not to exceed 365 consecutive days;

         (e)   Temporary structures or trailers, including temporary storage containers in the commercial and industrial zones, for a maximum of 90 days in a calendar year;

         (f)   Outdoor music, dance or rock festivals, subject to a festival permit pursuant to Chapter 5.30 of the Corona Municipal Code;

         (g)   Outdoor display and sale merchandise within the parking lot of a property within a commercial land use district or an M-1, M-2, or M-4 Zones, provided the sale and display of merchandise is limited to products commonly sold by the commercial business or associated with the light industrial or business park use operating on the property;

         (h)   Uses that meet the criteria set forth in this division (A) or are similar in nature and purpose, as determined by the Planning Director.

   (B)   Uses exempt from a special use permit. The following uses are exempt from the special use permit requirements but shall obtain a temporary use permit pursuant to § 17.99.030:

      (1)   Outdoor display and sale of merchandise within a commercial land use district that is not located in a parking lot;

      (2)   Grand opening events that do not involve outdoor activities in a parking lot;

      (3)   The following uses are specifically exempt from the special use permit requirements, provided that said use complies with all other city codes and has permission of the property owner. The applicant shall obtain permits required by other city codes for:

         (a)   Political gatherings;

         (b)   Private social gatherings, weddings, reunions and the like that are not for commercial profit and do not disrupt the use or availability of public facilities;

         (c)   Parades;

         (d)   Sales trailers for residential tracts which shall obtain a model home permit;

         (e)   Construction trailers when listed as a permitted use in the zone;

         (f)   Uses listed in division (A) of this section in the following circumstances:

            1.   The property is owned or leased and controlled by a public agency; or

            2.   The event is sponsored by a non-profit, religious, charitable or educational organization or association and the following criteria are satisfied:

               a.   The event is located on property owned or leased by said organization where it conducts its regular scheduled meetings and activities pursuant to the zoning regulations; and

               b.   All proceeds of the event will be used solely for the purposes of said organization.

         (g)   Garage sales on private residential property when conducted by a resident of the premises, excluding merchandise purchased for resale or obtained on consignment and subject to a garage sale permit pursuant to Chapter 5.44;

         (h)   Garage or rummage sales conducted by a bona fide charitable, educational or cultural institution or organization, provided the proceeds from the sale are used directly for charitable, educational or cultural purposes.

   (C)   Uses not permitted with a special use permit. A special permit shall not be issued to permit any of the following uses:

      (1)   Swap meets;

      (2)   Uses that involve the construction of permanent structures or facilities;

      (3)   Transient commercial businesses, as defined in this title, except Christmas tree sales lots, pumpkin patches and other similar seasonal outdoor sales.

   (D)   Criteria for granting special use permits. The Board of Zoning Adjustment may grant a special use permit under this chapter if it makes a finding from the evidence presented to it that the following five conditions exist in reference to the proposed use and property which is the subject matter of the application:

      (1)   That the use applied for at the location set forth in the application is properly one for which a special use permit is authorized by this title, including a finding that the use is temporary in nature;

      (2)   That the use is necessary or desirable for the community, is in harmony with the various elements or objectives of the General Plan and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located;

      (3)   That the site for the intended use is adequate in size and shape to accommodate said use and all of the yards, setbacks and walls or fences, landscaping and other features are consistent with the zoning requirements for the site;

      (4)   That the site for the proposed use relates properly to streets and highways which are designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use;

      (5)   That the proposed use shall not block required parking spaces or drive aisles or any access designed for public safety.

   (E)   Renewal of special use permits. A special use permit may be renewed by the board of zoning adjustment for a new period of time, provided that the time limits in this chapter are not exceeded and the site plan, conditions, and all circumstances, with the exception of dates, are identical to the original permit. The director of planning shall determine if an application is eligible for renewal, based on the above provisions and a finding that no health or safety concerns or code violations were caused by the original permit. A request for renewal shall be submitted in writing at least seven calendar days in advance of the proposed new period of effectiveness and shall include a fee, as established by the City Council, to defray the director's costs in reviewing the request.

(`78 Code, § 17.98.030.) (Ord. 3052 § 1, 2010; Ord. 3017 § 1 (part), 2009; Ord. 2980, § 1 (part), 2009; Ord. 2940 § 2, 2008; Ord. 2695 § 2, 2004; Ord. 2560 §§ 4-7, 2001; Ord. 2554 § 6, 2001; Ord. 2178 § 4, 1993; Ord. 2157 § 2 (part), 1993; Ord. 2047 § 2 (part), 1991.)

   The board shall have the power to hear and decide applications for film permits in accordance with Chapter 17.97. The director of planning shall designate a film permit coordinator. The film permit coordinator shall be responsible for coordinating the review of all affected departments pursuant to Chapter 17.97 and shall notify the permittee in writing of any other agencies with permitting jurisdiction.

(`78 Code, § 17.98.035.) (Ord. 2695 § 3, 2004; Ord. 2157 § 2 (part), 1993; Ord. 2110 § 1, 1992.)

   The Board shall hear and decide applications for model homes.

   (A)   The following conditions shall be imposed upon the construction of model homes:

      (1)   Prior to the issuance of building permits for any model home, the subdivider shall obtain City Council approval of a final map for all lots to be improved with model homes. The subdivider shall include improvement, grading, drainage and traffic control plans with final map submittal. All necessary subdivision agreements, securities and fees shall be posted prior to City Council approval;

      (2)   Prior to issuance of a building permit for model home use, the subdivider shall submit a proposed nonresidential agreement as specified in § 16.30.040 to the City Council for approval;

      (3)   Prior to certificate of occupancy for model home use, the developer shall submit to the City Engineer as-built grading plans and a letter of monumentation, both prepared by a registered civil engineer;

      (4)   Temporary improvements for model homes must be replaced with permanent improvements if determined by the Public Works Director to be needed to serve other phases in the subdivision, when all lots in the subdivision are recorded or when the tentative subdivision map expires, whichever occurs first;

      (5)   The developer shall post a cash deposit or other form of security approved by the Public Works Director in an amount determined by the Public Works Director to guarantee conversion of temporary improvements;

      (6)   Model home flags shall be governed by § 17.74.110 with the exception that time limits shall be for the same term as the model home permit;

      (7)   Such other conditions deemed necessary by the Board of Zoning Adjustment;

      (8)   Notwithstanding the provisions of §§ 16.30.020 and 17.98.040(B)(1), the Board may approve model homes within a subdivision for which a tentative but not a final map has been approved if:

         (a)   All other provisions of this section are met, including but not limited to the submission to plan check of improvement grading, drainage and traffic control plans and required fees;

         (b)   Additional security is also submitted in an amount necessary to assure the removal of any model home and concomitant temporary improvement, if a final map legally dividing the parcel on which the model home is located is not approved within one year of permit issuance. This section is permitted by the Subdivision Map Act because no land is being divided for the purpose of sale, lease or financing in connection with the temporary permitting of model homes hereunder;

      (9)   Model home permits shall be approved for an initial time period of three years from issuance of certificate of occupancy for the models. At the conclusion of this time period, the developer may apply for an extension of time under the amendment provisions of this chapter. Extensions of time may be granted for a reasonable period of time to allow completion of sales, up to a maximum of three years.

   (B)   The following findings shall be made by the Board before a model home permit can be granted:

      (1)   That the use applied for at the location set forth in the application is properly one for which a model home permit is authorized by this title;

      (2)   That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located;

      (3)   That the site for the intended use is adequate in size and shape to accommodate said use and all of the yards, setbacks and walls or fences, landscaping and other features are consistent with the zoning regulations for that site;

      (4)   That the site for the proposed use relates properly to streets and highways which are designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use;

      (5)   That the site access has been designed to minimize conflicts between the model homes and construction traffic.

(`78 Code, § 17.98.040.) (Ord. 2157 § 2 (part), 1993; Ord. 2047 § 2 (part), 1991.)

   The Board shall hear and decide orders to abate unsafe buildings and orders to assess the costs of abatement against the property where such buildings are located pursuant to Chapter 15.56 of this code.

(`78 Code, § 17.98.050.) (Ord. 2047 § 2 (part), 1991.)

   (A)   The Board shall hear and decide orders to abate abandoned and wrecked vehicles as defined in Chapter 8.04 of this code and orders to assess administrative costs and the costs of removal of such nuisances against the owner(s) of such vehicles or against the parcel of land on which such vehicles are located pursuant to Chapter 8.04 of this code.

   (B)   The Board shall hear and decide orders to abate public nuisances as defined in Chapter 8.32 of this code and orders to assess the costs of abatement against the property on which such nuisances are located pursuant to Chapter 8.32 of this code.

(`78 Code, § 17.98.060.) (Ord. 2090 § 1, 1992; Ord. 2047 § 2 (part), 1991.)

   (A)   The Board shall hear and decide applications for modifications to the design standards of § 16.08.020, cul- de-sacs. The following findings must be made by the Board before any waiver can be granted:

      (1)   That the strict application of the particular requirement would result in practical difficulties or unnecessary hardship to the subdivider inconsistent with the general purpose and intent of Title 16;

      (2)   That there are exceptional circumstances or conditions applicable to the subject property or to its intended use or development which made the application of the cul-de-sac requirement unfair and oppressive to the subdivider;

      (3)   That the granting of a waiver of such cul-de-sac requirement would not be materially detrimental to the public health, safety and welfare, nor injurious to the property or improvements thereon in the immediate vicinity of the subject property to be subdivided; and

      (4)   That the granting of the waiver will not be contrary to the intent of Chapter 16 as set forth in § 16.32.010.

   (B)   Any practical difficulty, unnecessary hardship or exceptional circumstance or condition found by the Board to exist shall be set forth as part of the Board’s affirmative findings. The Board may condition the project so as to mitigate any safety concerns. This mitigation may include, but not be limited to, density reductions or requirements for fire sprinklers or burglar alarm systems for units on the proposed cul-de-sac.

(`78 Code, § 17.98.070.) (Ord. 2047 § 2 (part), 1991.)

   (A)   The Board of Zoning Adjustment shall hear and decide applications for emergency shelters to be located in the M-2 and M-3 zones. The following findings shall be made by the Board prior to approval:

      (1)   At least ten days before the hearing, notice of the application for an emergency shelter was mailed to property owners of record on abutting properties and adjacent properties directly across a street or alley. The notice included a postcard for the property owner's use to return written comments on the proposed shelter and all responses have been considered by the Board;

      (2)   Land uses and development in the immediate vicinity of the site will not constitute an immediate or potential hazard to occupants of the proposed shelter;

      (3)   The site of the proposed shelter is safely accessible by pedestrians;

      (4)   The proposed shelter is located with reasonable access to public agencies and transportation services;

      (5)   Sewer, water, electricity and telephone services will be provided at the site.

   (B)   To be approved by the Board of Zoning Adjustment, any application for an emergency shelter in the M-2 or M-3 zones shall satisfy the following standards:

      (1)   The proposed shelter is in conformance with the Building and Fire Codes;

      (2)   The proposed shelter use is consistent with the General Plan and zoning of the proposed site;

      (3)   The proposed shelter meets the development standards that are applicable to the zoning of the proposed site;

      (4)   The proposed shelter is at least 300 feet away from any other shelter facility;

      (5)   Off-street parking is provided in accordance with Chapter 17.76.

   (C)   Any approval by the Board of Zoning Adjustment for an emergency shelter shall be subject to conditions of approval which must include, but are not limited to, the following:

      (1)   No person will be allowed to sleep at the same shelter for more than a total of 180 nights in any one year period.

      (2)   The maximum number of beds or persons permitted to be served nightly by the facility shall be based upon California Building Code Occupancy limits for the building in which the shelter is to be housed or developed.

      (3)   On-site management is provided on a 24 hour basis.

      (4)   Adequate exterior lighting must be provided and maintained for security purposes.

(`78 Code, § 17.98.072.) (Ord. 3353 § 3, 2022; Ord. 3139 § 9, 2013; Ord. 2108 § 6, 1992.)

   The Board of Zoning Adjustment shall hear and decide applications for certificates of compliance as defined in and regulated by Cal. Gov’t Code § 66499.35 as follows:

   (A)   The Board of Zoning Adjustment shall grant a certificate of compliance to any person owning real property or a vendee of that person pursuant to a contract of sale if the Board determines that the real property in question complies with the provisions of the Subdivision Map Act and Title 16 of this code;

   (B)   If the Board of Zoning Adjustment determines that the real property does not comply with the provision of the Subdivision Map Act or Title 16 of this code, the Board may, as a condition to granting a certificate of compliance, impose those additional conditions that would have been applicable to the land division at which time the applicant acquired an interest in the property. However, if the applicant or the current owner of record of the property was the owner of record at the time the land division occurred, the Board may impose conditions applicable to a current division of the property;

   (C)   Fulfillment and implementation of all conditions imposed under this section shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property.

(`78 Code, § 17.98.080.) (Ord. 2157 § 2 (part), 1993.)

   The Board of Zoning Adjustment shall hear and decide applications for minor conditional use permits as defined in Chapter 17.92, in accordance with this section.

   (A)   Granting criteria. The granting criteria to be used by the Board in deciding such application shall be the criteria used for deciding applications for major conditional use permits as set forth in § 17.92.110.

   (B)   Notification of hearing. At least ten days before the hearing, the Clerk of the Board shall cause the mailing of notice of the hearing on the application to all parcel owners and any known occupants or residents of record within 500 feet of the proposed conditional use. The applicant shall provide the mailing address of such parcels and the name of any known occupant or residents to the Clerk of the Board for such mailing.

   (C)   Fulfillment and implementation of all conditions imposed under this section shall be required prior to issuance of a minor conditional use permit or other grant approval for development of the property.

(`78 Code, § 17.98.085.) (Ord. 2447 § 3, 2000.)

   The Board shall hear and decide applications for permits for the use of ancillary game arcades constituting greater than 20% of the usable floor area. The criteria to be used by the Board in deciding such application shall be the criteria used for deciding applications for conditional use permits as set forth in § 17.92.110.

(`78 Code, § 17.98.090.) (Ord. 2437 § 10, 2000; Ord. 2157 § 2 (part), 1993; Ord. 2047 § 2 (part), 1991.)

   The Board shall hear and decide applications for the establishment of day medical offices/clinics as provided in § 17.73.010. The following findings must be made by the Board before a day medical office/clinic can be granted:

   (A)   The entire site has adequate parking as determined by the Municipal Code. The office/clinic shall provide on-site parking per the Commercial and Business Building requirements in § 17.76.030;

   (B)   Evidence has been produced that shows the intended office/clinic use will not unreasonably restrict or interfere with the existing residential uses and result in a lessening of traffic safety on streets adjacent to the site;

   (C)   The establishment of the day medical office/clinic will not be detrimental to the health, safety and general welfare of the public and will be in harmony with the various elements, goals and objectives of the General Plan.

(`78 Code, § 17.98.110.) (Ord. 2795 § 1 (part), 2005; Ord. 2437 § 11, 2000; Ord. 2047 § 2 (part), 1991.)

   The Board of Zoning Adjustment shall have the power to hear and decide appeals of the Building Official’s decision to issue an order regarding earthquake hazard reduction in existing buildings under § 15.64.070, appeals of the calculation of preservation development fees under Chapter 16.29 and any other appeals of city staff decisions to the Board authorized by city ordinance.

(`78 Code, § 17.98.120.) (Ord. 2795 § 1 (part), 2005; Ord. 2047 § 2 (part), 1991.)

   The Board shall hear and decide applications for lot line adjustments in accordance with the provisions of the Subdivision Map Act.

(`78 Code, § 17.98.130.) (Ord. 2795 § 1 (part), 2005; Ord. 2047 § 2 (part), 1991.)

   The Board shall hear and decide applications for permits to move buildings in accordance with the provisions of Chapter 15.40.

(`78 Code, § 17.98.140.) (Ord. 2795 § 1 (part), 2005; Ord. 2047 § 2 (part), 1991.)

   The Board shall hear and decide applications for the extension of the amortization period for nonconforming signs in accordance with the provisions of § 17.74.270.

(`78 Code, § 17.98.150.) (Ord. 2795 § 1 (part), 2005; Ord. 2047 § 2 (part), 1991.)

   The Board shall hear and decide applications for waiver of parcel maps in accordance with the provisions of Chapter 16.20.

(`78 Code, § 17.98.160.) (Ord. 2795 § 1 (part), 2005; Ord. 2047 § 2 (part), 1991.)

   (A)   The Board shall hear and decide applications for rephasing tentative tract maps pursuant to the provisions of Chapter 16.12 of this code and subject to the following conditions:

      (1)   Any modification shall be consistent with the General Plan;

      (2)   Any modification shall be consistent with Title 16 of the Corona Municipal Code;

      (3)   Any modification shall not adversely affect the implementation of any Specific Plan or community facilities plan covering the area or the orderly development of the area;

      (4)   Any modification shall not be detrimental to the public health, safety or welfare; and

      (5)   Any modification shall not delay the construction of subdivision improvements necessary to properly serve all or any portion of the development.

   (B)   The Board may make nonsubstantive or procedural changes to the conditions of approval on the tentative map if necessary to reflect revised phasing. If any changes are made to the conditions of approval of the tentative map, the Secretary of the Board shall distribute a list of such changes to the subdivider, the City Clerk and the affected city departments within three days of Board action.

(`78 Code, § 17.98.175.) (Ord. 2795 § 1 (part), 2005; Ord. 2131 § 3, 1992.)

   The Board of Zoning Adjustment shall hear and decide appeals of administrative citations in accordance with the provisions of § 1.08.160 of the Corona Municipal Code. The filing and hearing requirements to be followed by the Board shall be as provided in § 1.08.160 of the Corona Municipal Code.

(`78 Code, § 17.98.178.) (Ord. 2795 § 1 (part), 2005; Ord. 2534 § 1, 2001.)

   (A)   The director of planning shall prescribe the form and scope of applications under this chapter and any necessary accompanying data.

   (B)   Applications under this chapter shall be made by the property owner or the property owner's authorized agent in writing on the form provided by the city's planning division, accompanied by such data and material as required by the director of planning. If the applicant is not the property owner, a letter from the property owner authorizing the applicant to act as his agent on his or her behalf shall accompany said application.

   (C)   When an application under this chapter is filed, a uniform fee as established by City Council resolution shall be paid for the purposes of defraying the costs incidental to the proceedings. A qualified non-profit organization, as defined in § 3.02.080(B) of the Corona Municipal Code, shall be exempt from fees in accordance with that chapter.

   (D)   Applications under this chapter shall be considered and acted on by the Board of Zoning Adjustment at a hearing; the hearing to be held within seven calendar days from the date the application is received for filing. The Board’s Secretary, as soon as possible, shall notify the applicant of the time, date, place and purpose of said hearing.

   (E)   At the hearing, the applicant shall have the right to present evidence through documents, witnesses and otherwise, in support of the application. Any interested person shall be heard and shall be allowed to present evidence in support of or opposition to the application. The Board may, after opening a hearing on an application under this chapter, find that it deems it to be in the public interest that the hearing be a public hearing and shall direct the Secretary of the Board to set the date, time and place thereof and to give notice in accordance with § 17.92.080.

   (F)   The Board may, for any reason, continue a hearing under this chapter, public or otherwise, to a time, date and place certain when it deems such action necessary for a proper determination of an application.

(`78 Code, § 17.98.180.) (Ord. 2695 § 4, 2004; Ord. 2157 § 2 (part), 1993; Ord. 2047 § 2 (part), 1991.)

   (A)   In the performance of its duties under this chapter, the Board may approve, conditionally approve or deny any application.

   (B)   The Board shall announce its decision orally at the conclusion of the hearing and the applicant shall receive a draft copy of the conditions of approval at that time. A written summary of the hearing, including the Board’s findings and final conditions of approval, shall be made available no later than seven calendar days after the close of the hearing.

   (C)   The Board shall keep accurate records of all its proceedings under this chapter. The records shall include, but not be limited to, a summary of all pertinent testimony offered at the hearing, the names and addresses of persons testifying, copies of all notices and affidavits of the posting and publication. The records shall be a part of the permanent files of the case and retained in the office of the city’s Community Development Director. The Board shall have the authority to impose on its granting of an application reasonable conditions which the Board deems necessary to protect the public health, safety and general welfare and insure the fulfillment of the intent and purpose of the city’s General Plan and zoning regulations.

(`78 Code, § 17.98.190.) (Ord. 2157 § 2 (part), 1993; Ord. 2047 § 2 (part), 1991.)

   (A)   No application shall become effective until all conditions precedent have been met.

   (B)   All permits shall be valid only for the dates specified in the application. These dates may be amended as part of the Board of Zoning Adjustment action or according to the amendment provisions of this chapter.

   (C)   No building permit shall be issued in any case where a permit is required by the provisions of this code, unless and until such permit or application has been finally granted, is effective and all conditions precedent to the issuance of a building permit have been met. No certificate of occupancy or clearance to operate shall be issued until all provisions of this code and all conditions of said permits have been completed and fulfilled.

   (D)   Each approval of an application by the Board of Zoning Adjustment under this chapter, with the exception of special use permits, shall contain the following condition: “The rights granted pursuant to this approval shall be exercised within 12 months of the effective date thereof, or otherwise this approval shall lapse." The Board of Zoning Adjustment however shall have the authority to extend the time limit upon a finding of unavoidable delay.

(`78 Code, § 17.98.200.) (Ord. 2157 § 2 (part), 1993; Ord. 2047 § 2 (part), 1991.)

   (A)   Appeals of decisions regarding Board of Zoning Adjustment actions shall be made pursuant to the procedures set forth in Chapter 17.95 of the Corona Municipal Code.

   (B)   An appeal shall be accompanied by the filing fee established by the City Council.

(`78 Code, § 17.98.210.) (Ord. 2157 § 2 (part), 1993; Ord. 2047 § 2 (part), 1991.)

   A permit issued under this chapter and/or the conditions of approval of the permit may be amended by the Board of Zoning Adjustment. A request for amendment shall be submitted in writing. The applicant shall demonstrate the reasons in favor of the amendment and the Board may approve, conditionally approve or disapprove said amendment.

(`78 Code, § 17.98.220.) (Ord. 2157 § 2 (part), 1993; Ord. 2047 § 2 (part), 1991.)

   Any approval or permit granted under this chapter may be suspended or revoked by the Board of Zoning Adjustment for the following reasons and in the following manner.

   (A)   The Board of Zoning Adjustment, on its own motion may, and upon the direction of the City Council shall, hold a hearing upon the question of the revocation of a permit or approval granted under, or pursuant to, the provisions of this chapter.

   (B)   The Board of Zoning Adjustment may suspend or revoke a permit or approval if it finds that:

      (1)   The activity taking place pursuant to the permit or approval is being conducted in a manner which is detrimental to the public health, safety or general welfare of the city or constitutes a public nuisance;

      (2)   The applicant acquired the permit or approval by making or causing to be made factual misrepresentations, material nondisclosures or false or misleading statements in the application for such permit or approval or in any statement or representation to the Board of Zoning Adjustment;

      (3)   The applicant has failed to comply with any condition of the permit or approval;

      (4)   The activity taking place pursuant to the permit or approval is contributing to illegal activities or to substantially increased police activity in the vicinity; or

      (5)   The activity permitted has terminated or has been suspended for at least six months.

   (C)   No suspension or revocation shall be ordered until the Board of Zoning Adjustment has served or caused to be served upon the permittee a notice specifying the grounds for said proposed suspension or revocation and fixing a time, date and place at which the Board of Zoning Adjustment shall hear and determine the factual basis for the grounds of the proposed suspension and revocation, which time and date shall not be less than three days from the date of the service of the notice, at which time, date and place the permittee shall have the opportunity to be heard and to make his or her defense against any complaints and allegations made as to the activities authorized under this chapter.

   (D)   Upon making a decision to suspend or revoke a permit or approval granted under this chapter, the Board of Zoning Adjustment shall notify the permittee in writing of its action and shall give the reasons for the suspension or revocation.

(`78 Code, § 17.98.230.) (Ord. 2047 § 2 (part), 1991.)

   It is unlawful for any person to conduct a use which requires an application or permit under this chapter without first obtaining the permit or approval or to continue such use which has been suspended or revoked. Violations of this chapter or the conditions of approval of any permit or application under this chapter shall be enforced pursuant to Corona Municipal Code Chapter 17.108.

(`78 Code, § 17.98.240.) (Ord. 2157 § 2 (part), 1993; Ord. 2047 § 2 (part), 1991.)