§ 138-233. Modification or revocation of a previously granted variance or Type 2 use (special exception).  


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  • (a)

    The board of adjustment and appeals (BAA) shall have the authority to modify or revoke a previously granted variance or Type 2 use (special exception). All applicants shall be so notified in the decision provided. Such modification or revocation may occur when the BAA finds that the use of the variance or special exception:

    (1)

    Is or has become detrimental to the general health, safety or welfare;

    (2)

    Does not meet the letter or the intent of the original standards required for such approval; or

    (3)

    Does not meet the letter or the intent of the special standards or conditions attached by the BAA in its approval of the application.

    (b)

    The modification or revocation of a previously granted request by the board of adjustment and appeals (BAA) shall follow the procedures for Type 2 reviews as outlined in division 3 of this article as well as the administrative provisions outlined in chapter 134.

(Ord. No. 18-36 , § 3(Att. B), 10-23-18)