§ 106.64.090. Permit Revocation or Modification

An approved planning permit may be revoked, or conditions of approval or other provisions of the permit or entitlement may be modified by the City in compliance with this Section.

A.

Notice and hearing. The review authority shall hold a public hearing to revoke or modify an application, entitlement, or permit granted in compliance with the provisions of this Zoning Code. Notice of the hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 106.76 (Public Hearings) .

B.

Review authority action. A Planning Permit may be revoked or modified by the review authority that originally approved the permit (e.g., Director, Commission or Council), after first making one or more of the following findings:

1.

One or more of the findings required to grant the original permit can no longer be made because of changes to the project by the applicant;

2.

Permit issuance was based on misrepresentation by the applicant, either through the omission of a material statement in the application, or in public hearing testimony;

3.

One or more conditions of approval have not been completed or have been violated;

4.

The use or structure for which the permit was granted no longer exists or has been suspended for at least 12 months, as defined in Chapter 106.72 (Nonconforming Uses, Structures, and Parcels);

5.

Improvements authorized by the permit are in violation of any code, law, ordinance, regulation, or statute; or

6.

The approved use has been expanded beyond the scope of the original approval, so that the external impacts of the use are substantially greater (e.g., traffic, noise, parking requirements, outdoor activities, etc.).

7.

The permit has expired in compliance with Section 106.64.070 (Permit Time Limits, Extensions, and Expiration).

C.

Effect of revocation. The revocation of a Planning Permit shall have the effect of terminating the permit and denying the privileges granted by the original permit.