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A. Revocation.

1. Purpose. The purpose of this section is to provide for the revocation of any permit or entitlement (e.g., variance, conditional use permit) granted under this title.

2. Grounds for Revocation. In the event a permit holder, or the permit holder’s successor in interest, fails to comply with any or all conditions of permit approval, a revocation proceeding may be initiated if it is determined that there is substantial likelihood that any of the following situations exist:

a. The permit was obtained or extended by false, misleading, or incomplete information;

b. One or more conditions of approval have not been implemented or have been violated; or

c. The activities, or the use itself, are substantially different from what was approved.

3. Initiation of Action. The revocation of a permit may be initiated by the town planner or city council. The designated planning agency shall specify in writing to the permittee the basis upon which the action to revoke the permit is to be evaluated during the hearing to revoke.

4. Revocation Hearing.

a. A public hearing is required for any action to revoke a permit. The hearing shall be held by the original approval authority for the subject permit. The hearing shall be noticed in the same manner required for the granting of the original permit pursuant to section 17.06.080 (Public Notices).

b. At its discretion, the designated approval authority (town planner, planning commission, and/or city council as described in Table 17.06.070-1) may modify or delete the conditions of approval or add new conditions of approval in lieu of revoking a permit in order to address the issues raised by the revocation hearing. The action on the revocation is subject to appeal in accordance with the provisions of section 17.06.100 (Appeals).

B. Time Limits.

1. Time Limits Conditioned. As part of the conditions of approval, the designated approval authority (planning commission and/or city council as described in Table 17.06.070-1) may establish a time limit for exercising a permit.

2. Exercising Permits. The exercise of a permit occurs when the property owner has performed substantial work and incurred substantial liabilities in good faith reliance upon such permit(s). Such exercise of a permit constitutes the vested right to complete the work authorized by the permit. A permit may be otherwise exercised by a condition of the permit or corresponding legal agreement that specifies that other substantial efforts or expenditures constitute exercising of the permit. Unless otherwise provided, permits that have not been exercised prior to a zoning amendment, which would make the permitted use or structure nonconforming, shall automatically be deemed invalid on the effective date of the zoning amendment.

3. Permit Extensions. The same approval authority that granted the original permit (planning commission and/or city council as described in Table 17.06.070-1) may extend the period within which the exercise of a permit must occur. An application for extension shall be filed not less than thirty days prior to the expiration date of the permit, along with appropriate fees and necessary submittal materials listed in this title. The approval of an extension extends the expiration date for one year from the original permit date. The permit, as extended, may require compliance with any development standards that may have been enacted since the permit was initially approved. The extension may be granted only when the designated approval authority (planning commission and/or city council as described in Table 17.06.070-1) finds that the original permit findings can be made and that there are changed circumstances or that there has been diligent pursuit to exercise the permit that warrants such extension.

C. Permit to Run with Land. Unless otherwise conditioned, land use and development permits and approvals granted pursuant to the provisions of this title shall be transferable upon a change of ownership of the site, business, service, use, or buildings or structures; provided, that the use and conditions of the original permit or approval are fully complied with, and the project is not modified or enlarged/expanded. (Ord. 582 § 1 (Exh. A (part)), 2009)