8.23.06 Transferability, Time for Performance, Expiration, Modification and Revocation

(1) Transferability. A conditional use permit is transferable with the title to the underlying property so that an applicant may convey or assign an approved project without losing the approval so long as all conditions continue to be met. The applicant cannot transfer the permit off the site on which the approval was granted. (2) Time for Performance of Conditions. All conditions set forth in the conditional use permit must be fully performed prior to the commencement of the use or occupancy of the structure, and during and throughout the continued use or occupancy of the structure. In the event that certain conditions cannot be fully performed prior to commencement of the use or occupancy, the applicant shall apply to the issuing department for an exception to this requirement. An exception shall not be granted unless a date is set for performance and a cash bond in the amount of one hundred twenty-five percent (125%) of the estimated cost of performance is posted with the Town of Daniel. As conditions are met by the applicant, a proportionate share of the performance bond may be released up to a maximum of one-half of the amount of the bond. The Town of Daniel shall retain the remaining fifty percent (50%) until full completion of all conditions. In no circumstances shall the installation of improvements take longer than one (1) year from the date the conditional use permit is granted. (3) Expiration. Unless otherwise specified in the motion granting a conditional use permit, a permit that has not been utilized within twelve (12) months from the approval date shall become null and void by operation of law. Once any portion of the conditional use permit is utilized, the conditions related thereto become immediately operative and must be strictly obeyed. Utilization shall be construed to mean pouring of concrete, or commencement of framing on construction, or commencement of the use or uses for which the permit was granted. (4) Modification or Revocation of Conditional Use Permit. The Planning Commission shall hold a hearing upon the question of modification or revocation of a conditional use permit granted pursuant to the provisions of this section. Notice of said hearing shall be made at the same time and in the same manner as required to obtain the conditional use permit. A conditional use permit may be modified or revoked if the Planning Commission finds one or more of the following: (a) The use permit was obtained by mistake of fact, misrepresentation or fraud; (b) The use for which the permit was granted is not being exercised; (c) The use for which the use permit was granted has ceased or has been suspended for six (6) months; (d) The conditions imposed upon said use permit have not been complied with, or maintained; (e) The use produces impacts not anticipated, recognized or foreseen during the approval process, and these impacts cannot be mitigated so as to meet the general standards and findings required for issuance of the conditional use permit; (f) The use has been so expanded or intensified that the impacts have exceeded those foreseen during the approval process, and these impacts cannot be mitigated so as to meet the general standards and findings required for issuance of the conditional use permit; (g) The use is detrimental to the health, safety, or general welfare of persons residing in the vicinity or injurious to property in the vicinity, except that a change in the market value of real estate shall not be considered an injury to property. In the event that this paragraph applies to the point where it is determined by the provisions of the Daniel Municipal Code that a nuisance exists, abatement of the nuisance shall be an available remedy. (5) Appeals. Any appeals to decisions made by the planning staff on conditional uses must be forwarded to the Planning Commission. The Board of Adjustment shall hear any appeals to the decision of the Planning Commission regarding the issuance or denial of a conditional use permit.