§ 153.496. Procedure for revocation of conditional use.

A.

Initiation of Revocation Proceedings.

1.

Revocation of a conditional use may be initiated in the following ways:

a.

By adoption of a motion by the City Planning Commission;

b.

By introduction of an ordinance by the Mayor or by a member of City Council;

c.

By petition submitted by the owners, lessees, or option holders of all of the property included in the conditional use;

d.

By referral from the Superintendent of Building Inspection to the Department of Planning and Urban Development pursuant to the enforcement authority granted the Superintendent of Building Inspection under this chapter. However, nothing in this chapter shall be construed to limit the enforcement authority of the Superintendent of Building Inspection.

B.

Notice of Proceedings. Immediately upon initiation of revocation proceedings, the Department of Planning and Urban Development shall notify the holder of the conditional use of the proceedings. The holder of the conditional use may submit a written response to the Director of the Department of Planning and Urban Development within fifteen days of receiving such notice.

C.

Planning Commission Public Notice and Public Hearing.

1.

The Planning Commission shall hold a public hearing on the revocation of a conditional use. The Planning Commission shall give public notice of such hearing at least ten days before the hearing.

2.

Prior to the Planning Commission's public hearing, the Department of Planning and Urban Development shall recommend that the conditional use be revoked, modified, or permitted to continue without modification. The Planning Department may recommend that the holder of the conditional use be allowed a reasonable period of time to correct any violation(s). Recommendation of the Planning Department shall be written and transmitted to the Planning Commission, Director of Planning and Urban Development, holder of the conditional use, and City Council. The Planning Department recommendation shall be made available at the office of the Clerk of Council at least one week before the required public hearing. If the Planning Department recommendation is not so transmitted, the matter shall not be heard until the next scheduled meeting of the Planning Commission.

D.

Recommendation of Planning Commission. Following public notice and hearing, the Planning Commission shall take action on the complaint for revocation of the conditional use. Such action shall be in the form of a written motion to City Council recommending that the conditional use be revoked, modified or permitted to continue without modification. The Planning Commission may also recommend that the holder of the conditional use be allowed a reasonable period of time to correct the violation(s) prior to revocation of the conditional use.

The Planning Commission shall be permitted a reasonable time to consider the complaint but City Council may require the Planning Commission to transmit its recommendation to City Council within sixty days of the hearing.

E.

Hearing by City Council. City Council shall schedule a public hearing on revocation of the conditional use. Such hearing shall include presentation of the findings and recommendations of the Planning Commission and Planning Department staff.

F.

City Council Notice of Public Hearing. City Council shall give public notice of the council public hearing not less than fifteen days before the date of the hearing. The Clerk of Council shall send, by first class mail, at least fifteen days before the date of the public hearing, written notice of the time, place, and nature of the public hearing to all owners and residents of property within, contiguous to or directly across the street from the property involved in the conditional use.

G.

Action by City Council. After the City Council public hearing and after receipt of the recommendation of the Commission, City Council shall either accept, modify or reject the recommendation of the Planning Commission. City Council may prescribe a reasonable period within which the holder of the conditional use may correct the violation(s) prior to the effective date of the conditional use revocation or modification.

H.

Service of Notices. Any notice required by this section to be served upon any holder of a conditional use, neighboring owner or neighboring resident shall be sent by regular mail to the owner or holders of conditional uses at their addresses appearing in the County Auditor's current tax list or the County Treasurer's mailing list, and to the residents at their addresses appearing in the current City directory. Any failure of delivery under this section shall not invalidate any action on revocation of a conditional use.

(Prior code § 153.088; Ord. 348-1995)