Any zone variance or conditional use permit granted by the planning commission may be revoked by the commission, and any such approval granted by the city council may be revoked by the council.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9276)

Any zone variance or conditional use permit may be revoked and nullified if it is found that any one of the following conditions apply:

A.

That the approval was obtained by fraud or faulty information;

B.

That the conditional use permit or zone variance has been or is being used contrary to the terms or conditions of approval, or is in violation of any statute, ordinance, law or regulation;

C.

That the use is being exercised in such a way as to be detrimental to the public health, safety or welfare or in such a way as to constitute a public nuisance;

D.

That the use for which approval was granted has ceased to exist or has been suspended for six months.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9276.1)

If the commission or the council intends to consider revocation of approval granted by the commission or council, written notice of the time and place of the hearing shall be sent by mail to the owner or operator of the premises involved and to surrounding property owners as set forth in Chapter 17.78 of this code, at least ten days prior to the hearing.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9276.2)

A.

The planning commission or council shall hold a hearing on the matter of a proposed revocation. The hearing shall be conducted in the time and manner set forth in Chapter 17.78 of this code.

B.

At the time and place of such hearing, the body conducting the hearing shall determine whether any one of the facts, set forth in Section 17.80.020 are present. If the body conducting the hearing determines that any one of such facts are present, it shall revoke the zone variance or conditional use permit.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9276.3)

If the revocation proceeding is conducted before the planning commission, the decision of the commission shall be subject to an appeal to the city council in the time and manner as set forth in Chapter 17.78 of this code. In the absence of such appeal, the decision shall be final. The action of the city council, either upon an appeal, or as the conducting body, shall be final for all purposes.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9276.4)

If the use permitted pursuant to the grant of a zone variance or conditional use permit is not exercised within the time permitted by this section, such zone variance or conditional use permit shall be null and void. The exercise of such rights shall be commenced within the time permitted by the resolution granting such a zone variance or conditional use permit. If no time is specified, then, for all purposes, such a time for exercise of right shall be a period of one year from and after the adoption of the resolution granting such zone variance or conditional use permit.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9276.5)

The granting body, upon good cause shown by the applicant, may extend the time permitted hereby for the exercise of such rights, for a period not to exceed one year:

A.

Requests for extensions of time within which to exercise the rights under a zone variance or conditional use permit, shall be made prior to the expiration date.

B.

Such requests shall be in writing and shall be filed with the secretary of the commission or city clerk (if the original permit was granted by the city council).

C.

Upon the filing of such a written request, the time for the exercise of rights under the zone variance or conditional use permit shall be automatically extended until the granting body determines whether or not the request is to be granted, but no automatic extension will be for a period longer than thirty days, except as provided.

D.

Where the granting body is the city council, if no action is taken upon such request within a period of thirty days after the filing, the same shall be denied.

E.

Where the granting body is the planning commission, and the commission either denies the request, or fails, within a period of thirty days, to take action, the same shall be deemed denied, unless within ten days after such request has been denied by the commission, or within ten days after the expiration of the thirty-day period, an appeal is filed, in writing, with the city clerk.

F.

Where an appeal is taken from the commission's action, the expiration date for the zone variance or conditional use permit shall be automatically extended for a period of thirty days after the filing with the city clerk. If the council fails to act upon the request within the thirty-day period, the same shall be denied.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9276.6)

An additional extension of time beyond one year may be granted by the granting body, where the applicant, after a public hearing, in the time and manner set forth in Chapter 17.78 of this code shows to the reasonable satisfaction of the body that the exercise of such rights was prevented by causes outside of the applicant's control. Such time extensions shall be for reasonable periods of time, not exceeding one year for each extension.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9276.7)