Butte County |
Code of Ordinances |
Chapter 24. ZONING |
Article V. Land Use and Development Approval Procedures |
Division 8. Post-Decision Procedures |
§ 24-251. Permit revocation or modification.
Any discretionary permit may be revoked, or conditions of approval modified, as provided for in this section.
A.
Review Authority.
1.
A permit may be revoked or modified by the review authority which originally approved the permit or approval.
2.
In instances where the Zoning Administrator was the approval authority, the Zoning Administrator may choose to refer any action to revoke or modify a permit to the Planning Commission for review and final decision.
B.
Public Notice and Hearing. Public notice and hearing for any action to revoke or modify a permit shall be provided in full compliance with Article VI, Division 2 (Public Notice and Hearings).
C.
Findings. The review authority may revoke or modify a permit only if one (1) or more of the following findings can be made:
1.
The applicant or property owner has altered the circumstances under which the permit was granted to a degree that one (1) or more of the findings required to grant the original permit can no longer be made.
2.
Permit issuance was based on misrepresentation by the applicant, either through omission or the making of a false material statement in the application, or in public hearing testimony.
3.
One (1) or more conditions of approval have been violated, or have not been complied with or fulfilled.
4.
The use or structure for which the permit was granted no longer exists or has been discontinued for a continuous period of at least twelve (12) months.
5.
The applicant or property owner has failed or refused to allow inspections for compliance.
6.
Improvements authorized by the permit are in violation of the Zoning Ordinance or any law, ordinance, regulation, or statute.
7.
The use or structure is being operated or maintained in a manner which constitutes a nuisance.
D.
Effect of Revocation. The revocation of a permit shall have the effect of terminating the approval and denying the privileges granted by the permit.
(Ord. No. 4062, § 1, 9-10-13)