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Item 53 - Zoning Ordinance Amendment (ZOA) No. 2023-01
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Item 53 - Zoning Ordinance Amendment (ZOA) No. 2023-01
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Agenda Packet
Agency
Clerk of the Council
Item #
53
Date
6/6/2023
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Ordinance No. NS-XXX <br />Page 5 of 10 <br />diligence prior to the hearing, resulting in the findings made pursuant to <br />Section 41-638(a)(1) no longer being valid. <br /> <br />(c) Violations of this Code or conditions of approval observed by a City official <br />that are not corrected and abated to the satisfaction of the Executive <br />Director of the Planning and Building Agency within (10) days of written <br />notice by mail to the recorded owner of the property and to the tenant of <br />said property if any. <br /> <br />(d) The holder of the conditional use permit, variance, minor exception, or <br />other land use entitlement is exercising the entitlement in a manner that is <br />inconsistent with the original approval and its scope. <br /> <br />(2) The suspension of a conditional use permit, variance, minor exception permit, or <br />other land use entitlement shall only be lifted until such time that observed <br />violations of this Code or conditions of approval have been abated and corrected <br />to the satisfaction of the Executive Director of the Planning and Building Agency. <br /> <br />(3) The person whose conditional use permit, variance, minor exception, or other <br />land use entitlement has been suspended by the Executive Director of the <br />Planning and Building Agency may appeal the decision in writing to the Planning <br />Commission within ten (10) days after such decision. The Planning Commission, <br />after public hearing may affirm, change, or modify the original decision by the <br />Executive Director. <br /> <br />(4) If the legal owner or person granted the permit fails to abate and correct the <br />observed violations within ninety (90) days of suspension of the permit, the City <br />may elect to commence revocation procedures outlined in Section 41-651 of this <br />chapter. <br /> <br />Section 8. Section 41-651 (Revocation procedure for conditional use permits, <br />variances, and minor exception permits) of Chapter 41 of the SAMC is hereby amended <br />to read as follows: <br /> <br /> Sec. 41-651. - Revocation procedure for conditional use permits, variances, and <br /> minor exception permits, and other land use entitlements. <br /> <br />The planning commission may, after twenty (20) days notice by mail to the record owner <br />of the property and to the tenant of said property, if any, and after a public hearing, <br />revoke a conditional use permit, a variance, or a minor exception permit, and other land <br />use entitlements on any one (1) or more of the following grounds: <br /> <br />(1) That the conditional use permit, variance, or minor exception permit, or other <br />land use entitlement was obtained by fraud or misrepresentation. <br /> <br />(2) That the conditional use permit, variance, or minor exception permit, or other <br />land use entitlement has been exercised by the person granted the conditional <br />use permit, variance, or minor exception permit entitlement, or his representative, <br />successors, or assigns, contrary to the terms or conditions of approval, or in
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