Proceedings to revoke a zoning permit or structure location variance granted by the zoning administrator shall be initiated by the zoning administrator by giving the notice of a public hearing as provided in Section 18.108.060. The zoning administrator shall hold the public hearing and may revoke a zoning permit or structure location variance for any of the following reasons:

A.

If not used within one year of the date of approval;

B.

If any of the conditions or terms of such permit or variance are violated;

C.

If any other state statute, federal statute, ordinance or regulation adopted pursuant thereto would be violated.

(Ord. 525 § 1(part), 1989).

Proceedings to revoke any conditional use permit or variance granted by the zoning agency shall be conducted as provided in Sections 18.108.050 through 18.108.100. Any conditional use permit or variance granted by the zoning agency may be revoked by the zoning agency for any of the following reasons:

A.

If any of the conditions or terms of such permit or variance are violated;

B.

If any other ordinance, state statute, federal statute or regulation adopted pursuant thereto would be violated.

(Ord. 525 § 1(part), 1989).

Proceedings to revoke any conditional use permit or variance granted by the zoning agency shall be conducted as provided in Sections 18.108.050 through 18.108.100. Any conditional use permit or variance granted by the zoning agency may be revoked by the zoning agency for any of the following reasons:

A.

If any of the conditions or terms of such permit or variance are violated;

B.

If any other ordinance, state statute, federal statute or regulation adopted pursuant thereto would be violated;

C.

If development has not commenced within two years after the approval of the conditional use permit, unless written time extensions are applied for and approved prior to permit expiration pursuant to Sections 18.108.050 through 18.108.180. Conditional use permits may be granted or conditionally granted time extensions provided:

1.

Each extension will be for a one year period of time; and

2.

The maximum number of extensions will not exceed an additional total of three years.

D.

If the planning department determines that a conditional use permit has ceased to be used for a period in excess of two years, the property owner will be notified of that determination. On request of the property owner or zoning administrator and prior to approving any permits in connection with the previously authorized use, the planning department shall schedule a hearing before the planning commission pursuant to Sections 18.108.050 through 18.108.180 to consider whether the conditional use permit should be reestablished, modified or revoked.

(Ord. 525J § 2, 2000: Ord. 525 § 1(part), 1989).

The board, on its own motion, at a public hearing, with or without a recommendation from the zoning administrator or zoning agency may revoke any permit or variance for noncompliance as listed in this chapter.

(Ord. 525 § 1(part), 1989).

Proceedings to issue or revoke or modify a conditional use permit or variance shall be initiated by the zoning administrator by giving the notice as provided in Section 18.108.060.

(Ord. 525 § 1(part), 1989).

The zoning administrator shall fix a time and a place for a public hearing, and give public notice thereof by mailing notice to owners of all property within a distance of three hundred feet of the exterior boundaries of property described in the application, using addresses from the last-adopted tax roll; or by publication in a newspaper of general circulation and posting said notice in conspicuous places close to the property. Such notice shall be given not less than ten days before the date of the public hearing. Except as otherwise specifically provided, the zoning agency shall hold the public hearing.

(Ord. 525 § 1(part), 1989).

The decision granting or denying the conditional use permit, zoning permit or variance shall be made not later than five days after the public hearing. If a conditional use permit, zoning permit or variance is granted, it shall not be effective until the sixteenth day after the public hearing.

(Ord. 525 § 1(part), 1989).

The applicant or other interested parties may file an appeal within fifteen days after the date of the public hearing, in accordance with the Rules on Appeal, Sections 18.108.110 through 18.108.180.

(Ord. 525 § 1(part), 1989).

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer or body from whom the appeal is taken, certifies to the appellate body that, by reason of the facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property.

(Ord. 525 § 1(part), 1989).

Any variance or conditional use that is granted shall be recorded on the official zoning map by the zoning administrator.

(Ord. 525 § 1(part), 1989).

The appeal of any decision or action of the zoning administrator shall be heard by the planning commission sitting as the zoning agency.

(Ord. 525 § 1(part), 1989).

The appeal of any decision or action of the planning commission sitting as the zoning agency shall be heard by the board of supervisors.

(Ord. 525 § 1(part), 1989).

An appeal shall be initiated by written application filed with the agency whose decision is being appealed, accompanied by a fee as specified by the board of supervisors.

(Ord. 525 § 1(part), 1989).

The original hearing agency shall immediately transmit to the appellate body all maps, records, papers and files which constitute the record in the action from which the appeal is taken.

(Ord. 525 § 1(part), 1989).

The appeal shall, within five days after the filing of the notice of appeal, be set for hearing by the clerk or secretary of the appellate body.

(Ord. 525 § 1(part), 1989).

The appellate body may, but shall not be required to, hold further public hearings. Public notice of any such hearing shall be given in the same manner as was given for the initial hearing.

(Ord. 525 § 1(part), 1989).

The appellate body may, in conformance with the provisions of this title, reverse, affirm wholly or partly, or may modify the decision or order appealed form.

(Ord. 525 § 1(part), 1989).

The board of supervisors may, on its own motion, order any proceeding before the zoning administrator or zoning agency to be immediately transferred to it for final decision. If the proceeding involves the granting of a variance, conditional use or zoning permit, the requirements of public hearings and due notice thereof shall be complied with.

(Ord. 525 § 1(part), 1989).

Unless denied without prejudice, no person, including the original applicant, shall reapply for the same zoning permit, conditional use permit, variance, zoning amendment or general plan amendment on the same parcel or parcels within a period of one year from the date of final decision on such previous application, unless a request for reapplication is granted according to the procedures and standards set forth in Section 18.108.210.

(Ord. 525 § 1(part), 1989).

A.

A request for reapplication of any final decision shall be made to the zoning administrator for his determination. The request shall be on a form specified by the planning department and accompanied by a fee in the amount specified by Section 18.108.130.

B.

The zoning administrator shall not grant the request for reapplication unless he determines that at least one of the following conditions is satisfied:

1.

The facts which form the basis of the reapplication have substantially changed since the application was last considered. "Substantial" as used in this subsection means a change in the essential nature of the land use (e.g., residential to commercial, agricultural to industrial), a significant change in the density of the land use (e.g., multifamily to single-family) or other changes in the application which make it fundamentally different from the application last considered. A change shall not be considered substantial solely because of a change in the kind or quantity of public services provided within such reapplication.

2.

The factual basis of the application since it was last considered have been directly and substantially affected by the acts of a public agency.

C.

If the zoning administrator finds at least one of the two conditions of subsection (B) satisfied, the request for reapplication shall be submitted to the board of supervisors for its action.

The applicant may appeal an adverse decision of the zoning administrator to the board of supervisors.

D.

The board of supervisors shall not modify the decision of the zoning administrator unless the board determines, upon an affirmative vote of four supervisors, that the decision of the zoning administrator was arbitrary and not supported by any substantial evidence before the zoning administrator.

E.

If the request for reapplication is granted, then the reapplication shall be initiated before the planning department in the manner that any original application of the same type is initiated.

The decision to grant a request for reapplication shall not be a determination of the merits of that reapplication.

(Ord. 525 § 1(part), 1989).