§ 27-245. Revocation of certification.

(a)

Upon a petition filed by the Director of the Department of Permitting, Inspections, and Enforcement (or his designee), or upon its own motion, the Planning Board shall hold a public hearing to determine whether the certification of a nonconforming use should be revoked.

(b)

The Planning Board shall revoke the certification if it finds that either:

(1)

There was fraud or misrepresentation in obtaining the certification;

(2)

A certified nonconforming use has been discontinued for a period of one hundred eighty (180) or more consecutive calendar days, unless the conditions of nonoperation were beyond the control of the owner or holder of the use and occupancy permit; or

(3)

Any applicable requirements of Section 27-244 or Subdivision 2 of this Division have not been met.

(c)

The Planning Board shall notify the Director of the Department of Permitting, Inspections, and Enforcement (or his designee) of a revocation. The Director, in turn, shall revoke the use and occupancy permit for the nonconforming use.

(d)

The decision of the Planning Board may be appealed to the District Council in the same manner as an original certification (Section 27-244(f)(6)).

(CB-50-1984; CB-1-2004; CB-29-2014; CB-49-2017)