§ 27-328. Revocation or modification of approved Special Exception.

(a)

The Director of the Department of Permitting, Inspections, and Enforcement may petition the District Council to revoke, modify, suspend, or impose additional conditions on an approved Special Exception, for the reasons specified in Subsection (e) of this Section. The petition shall include pertinent facts and conclusions, and a recommended action. The Director shall transmit a copy of the petition to the Planning Board at the time of its submission to the District Council. The Director shall also transmit a copy of the petition, by certified mail, to the property owner(s), and to the applicant if different from the property owner. A copy of the petition shall also be transmitted by first class mail to each municipality, if any part of the property is located within the municipal boundaries or is located within one (1) mile of the municipality, and to civic associations located in the vicinity of the property.

(b)

Within ninety (90) days of receipt of the petition, the Zoning Hearing Examiner shall conduct a public hearing on the petition in accordance with the notice and hearing requirements of Subdivisions 2, 3, 5, and 7 of this Division. All persons of record at the time the Special Exception was approved shall be included in the required notification. At least thirty (30) days prior to the public hearing, the original Special Exception file, along with all pertinent information relating to the petition, shall be available for public examination in the office of the Zoning Hearing Examiner.

(c)

Not later than ten (10) days prior to the Examiner's hearing, the Planning Board or Technical Staff may submit a recommendation or other material for the record.

(d)

The Examiner may hold the record open for up to sixty (60) days following the conclusion of the hearing. Within thirty (30) days of the closing of the record, the Examiner shall file a decision.

(e)

After the Examiner's decision has been filed, subject to the provisions of Subdivision 8 of this Division, the District Council may revoke, modify, suspend, or impose additional conditions on a Special Exception when it finds that:

(1)

The provisions in the approval of the Special Exception have not been complied with; or

(2)

The approved Special Exception has not been used for any two (2) year period after the date of the original approval, except where the conditions of nonuse are beyond control of the grantee of the Special Exception.

(f)

The District Council may (in conjunction with the revocation or modification) order any use and occupancy permit issued for the Special Exception use to be revoked or modified.

(g)

Revocation of a Special Exception shall constitute revocation of any variances granted for the use by the Council.

(CB-50-1984; CB-33-1985; CB-21-1991; CB-49-1993; CB-29-2014)