§ 27-209. Revocation of permit or approval.

(a)

Duties of director. If the director determines that there are reasonable grounds for the revocation of a development permit or approval, the director shall notify the applicant and/or permit holder and set a hearing before the final decision-maker. If the decision was made by the director, the hearing shall be conducted by the planning commission. If the unified government board of commissioners was the original decision-maker, it may refer the proposed revocation to the planning commission for a recommendation prior to the hearing.

(b)

Reasonable grounds. The following may be considered reasonable grounds for permit revocation:

(1)

The applicant/permittee fails to adhere to the conditions and stipulations of approval.

(2)

The use has caused unforeseen negative or adverse impacts on adjacent or surrounding uses.

(3)

The use has placed an unreasonable burden on public facilities or services.

(4)

Unusual conditions, trends, or needs have arisen since the permit was issued.

(c)

Notice and public hearing. Notice of the revocation hearing shall be given in the same manner as required for the original application. A public hearing shall be conducted in accordance with the procedures of this article.

(d)

Decision and notice. Within 14 days after the conclusion of the hearing, the decision-maker shall render a decision to either revoke the permit or approval, allow the applicant to retain the permit/approval, or reconsider the permit/approval. The decision-maker shall notify the permit/approval holder and any other person who has filed a written request for such notice.

(e)

Effect and appeals. A decision to revoke a development permit/approval shall be final when the decision is rendered, unless appealed. After such effective date of revocation, any activities continuing pursuant to such permit/approval shall be deemed to be in violation of this Code.

(Code 1988, § 27-264; Ord. No. O-27-05, § 1, 3-24-2005)