the Commission shall be final unless an appeal is filed in accordance with Paragraph F, below. F. Appeal of Commission Decision: The decision rendered by the Commission on a Conditional Use Permit may be appealed to the City Council. The applicant or any other person aggrieved by the decision of the Commission shall file a written appeal with the Planning & Zoning Administrator within five working days of the Commission decision. When an appeal is filed, the Planning & Zoning Administrator shall present the Commission's decision to the City Council for review. Notice of the meeting shall be given as required by Paragraph E, above. The City Council shall vote to uphold, overrule, or amend the decision of the Commission. Permit Revocation: A Conditional Use Permit may be revoked only for cause, consisting of failure to maintain the standards required for the Conditional Use Permit. A notice of intent to revoke a Conditional Use Permit shall be given in writing at least thirty days prior to actual revocation and shall specify the area or areas of continued failure to meet requirements and maintain conditions the City may have imposed. If, during that period, proof of compliance is made by the holder of the Conditional Use Permit, it shall be continued in force. If a hearing has been requested following receipt of notice of intent to revoke, the Commission shall hold a public hearing on the matter and make a final determination on the revocation. H. Expiration: A Conditional Use Permit shall expire one year from the date upon which it becomes effective if no work has commenced. Upon written request to the Planning & Zoning Administrator and prior to the Conditional Use Permit expiration date, a one-year time extension for the Conditional Use Permit may be granted by the Planning & Zoning Administrator, subject to the following conditions: 1. There was no public objection presented during the public hearing process for the original Conditional Use Permit; 2. The land uses for the surrounding properties have not significantly been altered the original approval date for the Conditional Use Permit; 3. Due to other on-going permitting processes or necessary engineering/planning studies relating to the specific project for the Conditional Use Permit that may impact the one-year schedule for project completion. A Conditional Use Permit approved in accordance regulations shall expire one year after the use discontinues on the premises, or the use is changed to another permitted use in the underlying district.
the Commission shall be final unless an appeal is filed in accordance with Paragraph F, below. F. Appeal of Commission Decision: The decision rendered by the Commission on a Conditional Use Permit may be appealed to the City Council. The applicant or any other person aggrieved by the decision of the Commission shall file a written appeal with the Planning & Zoning Administrator within five working days of the Commission decision. When an appeal is filed, the Planning & Zoning Administrator shall present the Commission's decision to the City Council for review. Notice of the meeting shall be given as required by Paragraph E, above. The City Council shall vote to uphold, overrule, or amend the decision of the Commission. Permit Revocation: A Conditional Use Permit may be revoked only for cause, consisting of failure to maintain the standards required for the Conditional Use Permit. A notice of intent to revoke a Conditional Use Permit shall be given in writing at least thirty days prior to actual revocation and shall specify the area or areas of continued failure to meet requirements and maintain conditions the City may have imposed. If, during that period, proof of compliance is made by the holder of the Conditional Use Permit, it shall be continued in force. If a hearing has been requested following receipt of notice of intent to revoke, the Commission shall hold a public hearing on the matter and make a final determination on the revocation. H. Expiration: A Conditional Use Permit shall expire one year from the date upon which it becomes effective if no work has commenced. Upon written request to the Planning & Zoning Administrator and prior to the Conditional Use Permit expiration date, a one-year time extension for the Conditional Use Permit may be granted by the Planning & Zoning Administrator, subject to the following conditions: 1. There was no public objection presented during the public hearing process for the original Conditional Use Permit; 2. The land uses for the surrounding properties have not significantly been altered the original approval date for the Conditional Use Permit; 3. Due to other on-going permitting processes or necessary engineering/planning studies relating to the specific project for the Conditional Use Permit that may impact the one-year schedule for project completion. A Conditional Use Permit approved in accordance regulations shall expire one year after the use discontinues on the premises, or the use is changed to another permitted use in the underlying district.
Zoning_Ordinance_Draft_Revision_of_July_11_2016.docx