§ 17.92.040. Variance and use permit—Revocation, expiration and surrender.

A.

Whenever the director of resource management determines that one or more grounds exist for revocation of a variance or use permit, the planning commission may set the matter for hearing before it by resolution of intention to revoke the variance or use permit. The holder of the variance or the permittee shall be given notice by mail of the time and place of the hearing at least ten days prior to the hearing.

B.

Grounds for revocation include, but are not limited to:

1.

Noncompliance with conditions of approval;

2.

Violation of any law in connection with the variance or use;

3.

Expansion of the use or variance without a new variance or use permit or amendment to the existing variance or use permit;

4.

Exercising the variance or conducting the use in a manner that threatens or is injurious to public health or safety or constitutes a nuisance;

5.

False or erroneous information in the record as to a material matter or significant issue regarding the variance or use permit.

C.

The Planning Commission may revoke or decline to revoke the variance or use permit. In lieu of revocation, the Planning Commission may amend existing conditions of approval or impose additional conditions as appropriate. A decision by the Planning Commission concerning a use permit for a High Voltage Electrical Transmission and Distribution Project shall be in the form of a recommendation to the board of supervisors, which shall be subject to Sections (K) through (U) inclusive, of Section 17.92.025.

D.

Every variance or use permit expires and is null and void without further action by the county if the activity or the use for which the variance or use permit was granted has not been actively and substantially commenced within two years of the date of its approval, or the date the approval was affirmed or the disapproval was reversed on appeal. The director of resource management has the authority to declare, based on length of time and operation of law, the variance or use permit abandoned, and, therefore, null and void.

E.

A variance or use permit may be extended as follows:

1.

Except for use permits for High Voltage Electrical Transmission and Distribution Projects, the Planning Commission may extend the time for commencement of the use or activity when the variance or use permit is approved, or during the two years following approval or affirmation of approval of the variance or use permit, if an application for an extension of time is made to the Planning Division prior to expiration of the variance or use permit. The decision on an application for an extension of time is ministerial and a public hearing on the application is not required. An extension of time shall be approved if the permittee shows reasonable cause for the extension. Reasonable cause exists if the applicant shows that circumstances beyond his control have prevented him from taking sufficient action. The decision on an application may be appealed to the board of supervisors under the provisions of Section 17.92.030, but a public hearing is not required on the appeal.

2.

As for use permits for High Voltage Electrical Transmission and Distribution Projects, the Planning Commission may recommend that the board of supervisors extend the time for commencement of the use or activity when the use permit is approved, or during the two years following approval or affirmation of approval of the use permit, if an application for an extension of time is made to the Planning Division prior to expiration of the use permit. The Planning Commission's recommendation on an application for an extension of time is ministerial and a public hearing on the application is not required. The decision by the Planning Commission concerning a use permit for a High Voltage Electrical Transmission and Distribution Project shall be in the form of a recommendation to the board of supervisors, which shall be subject to Sections (K) through (U) inclusive, of Section 17.92.025, but a public hearing is not required. An extension of time shall be approved if the permittee shows reasonable cause for the extension. Reasonable cause exists if the applicant shows that circumstances beyond his control have prevented him from taking sufficient action.

F.

The time limitations imposed under subsections D and E of this section shall not include any period during which litigation is actively pursued challenging the validity of the approval of a variance or use permit.

G.

The holder of a variance or use permit may surrender it to the planning department at any time and thereafter shall cease to engage in, operate or maintain the use. (Ord. 95-3 § 99, 1995; prior code § 5.05.040)

(Ord. No. 2010-03, § VI, 8-3-2010)