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Sec. 41-1757. Same--Period of validity. <br />Any massage establishment conditional use permit or ancillary massage <br />use land use certificate approved pursuant to this article shall become null and <br />void unless the proposed use is established within one (1) year of the date from <br />the approval. The permit holder may apply for a single one-year extension of the <br />permit or certificate, provided that such application is filed prior to the expiration <br />of the permit. Any application for an extension shall be reviewed by the same <br />procedure as the original permit application. For purposes of this section, a <br />proposed use shall be deemed to be established if a building permit for the <br />project has been issued and construction diligently pursued; or, a certificate of <br />occupancy has been issued; or, a complete application for an extension has <br />been submitted. <br />Sec. 41-1758. Same--Revocation. <br />(a) Findings. Any permit or certificate issued pursuant to the provisions <br />of this article may be revoked by the city on the basis of any of the following: <br />(1) The business or use has been conducted in a manner which <br />violates the provisions of this article, the permit itself, fails to <br />conform to the plans, specifications or procedures described <br />in the application, violates the occupant load limits set by the <br />fire marshal, or which violates any city, state, or federal laws. <br />(2) The permittee has failed to obtain or maintain all required <br />city, county, and state licenses and permits. <br />(3) The permit or certificate is being used to conduct a use <br />different from that for which it was issued. <br />(4) The permittee has misrepresented a material fact in the <br />application for permit or has not answered each question <br />therein truthfully. <br />(5) Due to changes in on-site conditions, the massage <br />establishment or ancillary massage use lacks sufficient on- <br />site parking area for employees and the public under the <br />standards set forth in the city's parking ordinance, except for <br />an existing use that is legal and nonconforming with respect <br />to parking. <br />(6) The permitted business creates sound levels which violate <br />the noise control ordinance of the city. <br />Ordinance No. NS-XXX <br />Page 30 of 36 <br />11 A-30 <br />