75C - MASSAGE ESTABLISHMENTS - Laserfiche WebLink

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Sec. 41-1757. Same--Period of validity. Any massage establishment conditional use permit or ancillary massage use land use certificate approved pursuant to this article shall become null and void unless the proposed use is established within one (1) year of the date from the approval. The permit holder may apply for a single one-year extension of the permit or certificate, provided that such application is filed prior to the expiration of the permit. Any application for an extension shall be reviewed by the same procedure as the original permit application. For purposes of this section, a proposed use shall be deemed to be established if a building permit for the project has been issued and construction diligently pursued; or, a certificate of occupancy has been issued; or, a complete application for an extension has been submitted. Sec. 41-1758. Same--Revocation. (a) Findings. Any permit or certificate issued pursuant to the provisions of this article maybe revoked by the city on the basis of any of the following: (1) The business or use has been conducted in a manner which violates the provisions of this article, the permit itself, fails to conform to the plans, specifications or procedures described in the application, violates the occupant load limits set by the fire marshal, or which violates any city, state, or federal laws. (2) The permittee has failed to obtain or maintain all required city, county, and state licenses and permits. (3) The permit or certificate is being used to conduct a use different from that for which it was issued. (4) The permittee has misrepresented a material fact in the application for permit or has not answered each question therein truthfully. (5) Due to changes in on-site conditions, the massage establishment or ancillary massage use lacks sufficient on-site parking area for employees and the public under the standards set forth in the city's parking ordinance, except for an existing use that is legal and nonconforming with respect to parking. (6) The permitted business creates sound levels which violate the noise control ordinance of the city. (7) That the use for which the approval was granted has been discontinued, ceased to exist or has been suspended for a continuous period of twelve (12) months or more. (b) Notice of hearing. The grantor of the permit shall notice and conduct a public hearing, as prescribed in this Code, on the proposed permit revocation. 7 75C-17