The Planning Commission, or the City Council on appeal, may, after required public hearings have been held and action has been taken in the manner prescribed in this title, revoke or modify any variance, conditional use permit or site plan review, or revoke the status of a legal nonconforming use or structure, on one or more of the following grounds:

A.

General.

1.

That the approval was obtained by fraud, or that the applicant made a materially false representation on the subject application; or

2.

That the variance, conditional use permit, site plan review approval or legal nonconforming status is being or recently has been exercised contrary to or in violation of the terms or conditions of such approval or other authorization; or

3.

That the variance, conditional use permit, site plan or legal nonconforming status is being or recently has been exercised in violation of any statute, law or regulation; or

4.

That the use for which approval was granted, or other use(s) not directly related, is exercised in a manner detrimental to the public health and safety or in a manner which constitutes a nuisance.

B.

Additional Grounds for Nonconformities. In addition to the general grounds for revocation of legal nonconforming status cited in subsection A of this section, the legal nonconforming status of a use or structure may be revoked based upon the grounds for termination contained in Chapter 17.24.

C.

Temporary Manufactured Homes. A temporary manufactured home or trailer authorized by Section 17.16-.210(B)(6) shall be removed from the property in the event of any of the following:

1.

The Commission, or City Council on appeal, declines to approve a time extension for the approval;

2.

The owner resumes occupancy of the primary residence;

3.

The property is sold, rented or leased; or

4.

The Commission or the City Council finds that the primary residence is no longer endangered by a landslide.

(Ord. 239 §11(part), 1993).

A.

Hearing Required. The Planning Commission Secretary shall schedule a hearing before the Planning Commission to consider the revocation, pursuant to the provisions of Chapter 17.34. Noticing shall be required only of the owner or owners of the property affected by the variance, permit or nonconformity, notwithstanding the provisions of Section 17.34.030.

B.

Findings Required. In acting to revoke a variance, conditional use permit, site plan or legal nonconforming status of a use or structure, the Planning Commission shall make written findings citing the reasons for the revocation.

(Ord. 239 §11(part), 1993).

A.

A revocation of a variance, conditional use permit, site plan review approval or legal nonconforming status of a use or structure shall not become effective until the Planning Commission has adopted a resolution revoking such approval or status, and until the time period to appeal the Commission's decision to the City Council has lapsed with no appeal being filed.

B.

In the event an appeal of the Planning Commis-sion's decision is appropriately filed, the revocation will become effective which the City Council adopts a resolution revoking such approval or status.

C.

The City Clerk shall notify the property owner in writing of the Planning Commission's and City Council's action.

(Ord. 239 §11(part), 1993).

The property owner, applicant, or other interested party may appeal to the City Council a decision of the Planning Commission to revoke or not revoke a variance, conditional use permit, site plan review approval or legal nonconforming status of a use or structure. The appeal shall be filed and considered in accordance with the provisions of Chapter 17.54.

(Ord. 239 §11(part), 1993).