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Purpose: this section allows the City to revoke a permit or approval based on false information or other improper conduct by an applicant. This protects the integrity of the permitting process by ensuring that land use and development permits are based on factually correct information.

A. Applicability

1. This section applies to any special use permit, site development plan or change, subdivision plat, lot split, building permit, or certificate of occupancy.

2. This section does not apply to a rezoning. However, if the Planning Commission or Governing Body find that a rezoning was based on improper information, they may initiate a rezoning to the prior district or any other appropriate district as provided in Section 18.40.090.

B. Initiation

Revocation proceedings may be initiated by a majority vote of the Governing Body or Planning Commission.

C. Completeness Review

See § 18.40.040 Completeness Review.

D. Decision

1. Revocation before Completion of Construction

a. The building official or Planning Official shall serve written notice of revocation on the owner, the owner's agent or contractor, or upon any person employed in the building or structure for which the permit was issued, or shall post the notice in a prominent location on the property.

b. If notice of revocation is served or posted, no further construction or use of the property shall proceed.

c. The applicant or property owner may appeal the revocation to the Board of Zoning Appeals as provided in Section 18.40.220.

d. Revocation of permits based upon a mistake is subject to Chapter 18.60 (Nonconformities & Vested Rights). (Ord. 09-23 § 5, 2009; Ord. 02-54 § 2, 2002)

2. Revocation after Completion of Construction / Special Use Permits

a. The agency that initiated the revocation proceeding shall conduct a public hearing after personally notifying the applicant and property owner.

b. If the Planning Commission submitted a recommendation or approval of the action subject to a revocation that is initiated by the Governing Body, the Governing Body may request the Planning Commission to conduct a public hearing and to submit a recommendation as to whether the application should be revoked.

c. If the Planning Commission initiates the revocation proceeding, the Planning Commission shall render a final decision unless:

(i) The applicant requests a final decision by the Governing Body, or

(ii) The Planning Commission requests the Governing Body to review its decision and to make a final decision.

d. If the Governing Body reviews the Planning Commission’s decision, it may conduct a separate public hearing or rely on the findings of fact and conclusions of law submitted by the Planning Commission.

e. If the Planning Commission renders a decision and review by the Governing Body is not required, its decision is final. If the Governing Body renders a decision, its decision is final.

E. Approval Criteria

1. Before Completion of Construction

The official issuing the permit may revoke the permit at any time prior to the completion of the use, building, structure or sign for which the permit was issued, when the official finds that any of the following exist:

a. there is departure from the plans, specifications or conditions required under the terms of the permit;

b. the permit was procured by false representation;

c. the permit was issued by mistake; or that any of the provisions of this title are being violated.

2. After Construction

Permits or approvals subject to this section may be revoked for any of the following reasons:

a. Noncompliance with any conditions imposed or stipulations agreed to at the time of approval.

b. Violation of any provisions of the Municipal Code pertaining to the use of the land, construction or uses of buildings or structures or activities conducted on the premises by the owner or agents of the owner.

c. Where conditions in the neighborhood or surrounding property have changed to the extent that approval of the permit would be clearly unwarranted if being applied for at the time of revocation.

3. In addition to subsection E.1 above, a special use permit may be revoked if the applicant fails to comply with Section 18.30.190 (Performance Standards).

F. Scope of Approval

After a final decision revoking the permit or action is rendered, the applicant or property owner shall:

1. Restore the property to its original condition or take other actions to remove the violation within 10 days, or within another reasonable time period as directed by the Planning Official, or

2. Appeal to the District Court of Johnson County or the Board of Zoning Appeals, as appropriate.

G. Recordkeeping

The Planning Official will maintain records of any final decision revoking a permit or action pursuant to this section.

H. Court Review

1. An appeal of any decision of the Governing Body to revoke a permit or action may be filed in the District Court of Johnson County, Kansas, pursuant to K.S.A. 12-760.

2. Any appeal does not suspend the order of revocation during the pendency of the appeal, unless so ordered by the District Court. (Ord. 02-54 § 2, 2002)