Chapter 18.68
REVOCATION, EXPIRATION OF PERMITS

Sections

18.68.010    Permits or variances may be revoked.

18.68.020    Initiation of revocation proceedings.

18.68.030    Public hearing required.

18.68.040    Expiration.

18.68.050    Previously granted permits may be continued.

18.68.010 Permits or variances may be revoked.

(1) The city council, after a recommendation from the community development department, may revoke or modify any permit associated with a Type IV or Type V land use action.

(2) The hearing examiner, after a recommendation from the community development department, may revoke or modify any permit associated with a Type III land use action.

(3) The hearing examiner has jurisdiction to revoke or modify any conditional use permit that was issued prior to the enactment of the ordinance codified in this chapter. Such revocation or modifications shall be made on any one or more of the following grounds:

(a) That the approval was obtained by fraud;

(b) That the use for which such approval was granted has been abandoned;

(c) That the use for which such approval was granted has at any time ceased for one year or more;

(d) That the permit or variance granted is being exercised contrary to the terms or conditions of such approval or in violation of any statute, ordinance, code, law, or regulations; or

(e) That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety.

(4) Any action on a revocation or modification under this section shall be in accordance with the hearing examiner code and may be appealed by filing a land use petition with the Superior Court of Washington for King County as specified by chapter 36.70C RCW, as presently constituted or as may be subsequently amended. [Ord. 1174 § 68, 1996; Ord. 770 § 75, 1988: Ord. 175 § 1(24.66.010), 1964.]

18.68.020 Initiation of revocation proceedings.

The community development department, following approval of the city manager, may initiate proceedings to revoke an unclassified or conditional use permit or variance, or any use permit which was issued prior to the enactment of this chapter. Individuals who are aggrieved may petition the community development department to initiate revocation proceedings. [Ord. 770 § 76, 1988: Ord. 175 § 1(24.66.020), 1964.]

18.68.030 Public hearing required.

Before a permit or a variance may be revoked or modified, a public hearing shall be held. Procedures concerning notice, reporting, and appeals shall be the same as required by this title for the initial consideration thereof. [Ord. 175 § 1(24.66.030), 1964.]

18.68.040 Expiration.

Any permit or variance granted pursuant to this title becomes null and void if not exercised within the time specified in such permit or variance or, if no date is specified, within one year from the effective date of approval of the permit or variance. [Ord. 175 § 1(24.66.040), 1964.]

18.68.050 Previously granted permits may be continued.

Where prior to August 3, 1964, a permit entitled “special permit,” “temporary permit,” “use and occupancy permit,” “conditional use permit,” or “permits requiring legislative determination” was granted for the establishment or conducting of a particular use on a particular site, such previous permits are by this section declared to be continued as conforming uses subject to the conditions and for the time specified in the original permit, if any; provided, that if the particular use is not otherwise permitted by this title in the zone in which it is located, such established use and improvements incident thereto shall be considered a nonconforming use, and shall be subject to the abatement provisions of this title. [Ord. 175 § 1(24.66.050), 1964.]