Section 17.124.030 General regulations.
A. The health, safety, comfort and general welfare of
persons residing or working within the
community are the primary criteria for approval or denial of a proposed variance or conditional
use.
B. Variances and conditional use permits may be granted,
subject to conditions which are
authorized by state statute and this Title 17, including but not limited to:
1. Dedication and/or improvement of a public right-of-way;
2. Protection of adjoining property;
3. Placement and regulation of nature and extent of uses
on the property;
4. Regulation of height; and
5. Regulation of term of permit or variance.
C. Revocation. A variance or conditional use permit may
be revoked after a public hearing
in accordance with procedures required for granting it if:
1. Conditions have changed substantially since it was
issued;
2. Preservation of the integrity of existing use patterns
in the area requires such action;
3. The holder has not complied with the conditions under
which it was issued; or
4. The permittee may appeal revocation by the same procedures
as required for appealing a
decision to grant or deny a permit or a variance.
D. Automatic Expiration.
1. A variance shall expire if it has not been utilized
within one year of the date of issue;
2. A variance or conditional use permit, when issued
for a definite term, shall expire on the
date of expiration;
3. A variance or conditional use permit shall expire
if utilization has not commenced on the
effective date of an ordinance which rezones the property to uses that exclude the use authorized;
or
4. A variance or conditional use permit that has been
suspended, terminated or abandoned
shall expire one hundred eighty (180) days after the last day it was used.
E. For the purpose of this section, "utilization"
means construction or remodeling of the
structure on the site has begun; or the specified activity has begun.
F. In either case, the applicant shall have secured all
necessary federal, state and local
permits and licenses. (Ord. 225 (part), 2003)
