Title 18 - Unified Development Ordinance

18.370.050 Revocation of Special Use Permits

1. A.
   Basis for revocation

   Any special use permit granted under the authority of this Chapter is subject to revocation for any or all of the following reasons:

   1. 1.
      Non-compliance with any applicable requirement set forth in Section 18.370.040.
   2. 2.
      Non-compliance with any special conditions imposed at the time of approval of the special use permit.
   3. 3.
      Violation of any provisions of the Code pertaining to the use of the land, construction or uses of buildings or structures or activities conducted on the premises by the permittee or agents of the permittee.
   4. 4.
      Where conditions in the neighborhood have changed to the extent that approval of the permit would be clearly unwarranted if being applied for at the time of revocation.
   5. 5.
      Violation of any other applicable Code provisions or any state or federal law or regulation by the permittee or agents of the permittee, provided that such violations relate to the conduct or activity authorized by the special use permit or the qualifications of the permittee or its agents to engage in such conduct or activity.
2. B.
   Procedure for revocation

   1. 1.
      The Governing Body may initiate revocation proceedings by a majority vote of the members present and voting at the meeting.
   2. 2.
      Unless the permittee and landowner agree in writing that the permit may be revoked, the Governing Body shall hold a public hearing to consider the revocation of the special use permit.
   3. 3.
      The City shall give the permittee and landowner notice of the scheduled revocation hearing at least five days prior to the date scheduled for such hearing. If the permittee and landowner are present at the meeting of the Governing Body at which the revocation proceedings are initiated, no further notice shall be required; otherwise, notice shall be given by personal service or certified mail, return receipt requested. If the notice cannot be delivered or is not accepted, notice may be given by publishing a notice of hearing in the official City newspaper and by posting a notice of hearing on the property at least five days prior to the date scheduled for the hearing.
   4. 4.
      At the hearing, the City Attorney, or his or her designee, shall present the evidence known to the City which may justify revocation of the special use permit. Testimony may be presented by members of the City staff, Planning Commission or Governing Body, or by such other witnesses as may be called by the City Attorney. Following the presentation of evidence by the City Attorney, any person having relevant evidence may present such evidence to the Governing Body. The permittee, landowner or their attorney may pose questions to any person giving evidence under such conditions as may be imposed by the Mayor or presiding officer. Following the presentation of evidence by the City and any other persons, the permittee and landowner shall be entitled to present evidence or testimony of witnesses. Members of the Governing Body and the City Attorney, or his or her designee, shall be allowed to pose questions to the permittee, landowner and any witnesses called on their behalf. Following the receipt of their evidence, the public hearing shall be closed. After closing the public hearing, the Governing Body may hear closing statements from the City Attorney, or his or her designee, and the permittee and landowner or their attorney. The Governing Body may render its decision following such closing statements or may take the matter under advisement.
   5. 5.
      No special use permit shall be revoked unless a majority of the Governing Body is satisfied by a preponderance of the evidence that grounds for revocation exist. Any motion for the revocation of a special use permit shall clearly state the grounds for revocation. In addition, where the basis for revocation is "changed conditions" pursuant to subsection A.4. of this Section, revocation may only occur upon an explicit finding that revocation is necessary for the protection of the public health, safety and welfare. Adoption of any motion to revoke a special use permit may be made subject to subsequent adoption of written findings of fact and conclusions of law, at the discretion of the Governing Body.
   6. 6.
      An appeal of any decision of the Governing Body to revoke a special use permit may be filed in the District Court of Johnson County, Kansas, pursuant to K.S.A. 12-760, or amendments thereto. Any appeal taken shall not suspend the order of revocation during the pendency of the appeal unless so ordered by the District Court.

(History: Ord. ZRR-2795 §9, 2009; ZRR-2454 §11, 2003; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901