O-2014-3551 amend Ch 106;comprehensive review and update

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(a) The board shall only consider a revocation or modification based on a written report from the enforcement officer stating findings of fact. A variance or special exception may be revoked or modified for any of the following reasons: (1) That a variance or special exception was obtained or extended by fraud or deception. (2) That one or more of the conditions imposed by the board in granting such variance or special exception has not been complied with or has been violated. (b) As required in section 106-195 (Vote necessary for decision of board of adjustments), four concurring votes are necessary for revocation or modification. No application for a variance, special exception, or appeal which has been denied shall be filed again earlier than one year from the date of original denial. If an application is granted by the board, all permits necessary for the prosecution of the work must be obtained within 90 days and construction completed within the time established by the building code. All previous applications approved by the board for which building permits have not been issued shall be valid only if a building permit is obtained within 90 days after receipt of a written notice of the requirements of this section and construction must be completed within the time limits set forth in the building code. Written notice shall be considered received on the date such notice is mailed to the person, firm or the address of such person, firm or corporation as the same shall appear in the records of the city secretary relating to the granting of such application. DIVISION 7. CONDITIONAL USE PERMITS (a) A special conditional use permit may be granted by the city council for the construction of a building and/or the establishment of a use as described in this or any other section, upon a tract of land in single ownership or under unified control. (b) Upon application for a special conditional use permit and submission of a general plan, major development site plan, minor development site plan, or preliminary plat (as the case may be), the city planning and zoning commission shall conduct a public hearing, duly advertised and with proper notice being given to all parties affected, as provided in section 106-171 (Amendment procedures). The general site plan, major development site plan, minor development site plan, or preliminary plat shall be drawn to scale and shall show the arrangement of the project in detail, including parking facilities, location of buildings, building uses to be permitted, means of ingress and egress, and other pertinent information, together with the information required by the development ordinance of the city. (c) After public hearing and upon recommendation of the city planning and zoning commission, the city council may modify the final planned unit development plan and issue a special conditional use permit containing such requirements and safeguards as are necessary to protect adjoining property.