17.74.060 Use Conveyed with Property – Termination Condition and Procedures.
A. Subject to the provisions of this section, a conditional use shall become a property right and shall be conveyed to the benefit of the owner or other person(s) entitled to possession regardless of transfer of title or interest unless otherwise specified by the planning commission at the time of approval;
B. Each conditional use permit issued after the effective date of this ordinance codified in this section shall be terminated if:
1. Construction or remodeling for the conditional use as approved has not been started within one year of the date specified on a development schedule approved with the conditional use, or in case no such development schedule was approved, within one year of the effective date of approval.
2. Construction once commenced does not substantially progress for a one-year period.
3. After completion of the construction or remodeling, the approved use as authorized by the permit lapses for any one-year period.
4. There is a failure to meet any condition as may be specifically required by the planning commission at the time of approval of a conditional use;
C. The planning director shall determine if a conditional use is in compliance with this section and any conditions imposed by the planning commission. At such time as a conditional use becomes subject to termination as provided in this section, the planning director shall notify, in writing, the legal owner of record or the occupant. The notice shall explain the reasons for which the conditional use will be terminated. Notice of termination will be delivered by registered mail. A receipt of delivery will be returned to the planning director;
D. An action or ruling of the planning director pursuant to this section may be appealed to the planning commission within 30 days after the recorded date of delivery of the notice of termination. In the event the notice is not deliverable or acceptance is refused or unclaimed, the 30 days in which an appeal may be filed shall be computed from the date of mailing. The decision of the planning director is final if the appeal is not taken within the 30-day period. If the appeal is filed, the commission shall receive a report and recommendation thereon from the planning director and shall hold a public hearing on the appeal pursuant to MMC 17.72.130. The conditional use shall be invalid during the appeal process;
E. Upon termination of a conditional use, the property shall thereafter be used in accordance with the zoning ordinance and other applicable plans, ordinances, resolutions, rules, and regulations unless a conditional use or other action is subsequently approved.