§ 20.100.380. Privately initiated revocation of permit or approval.

A.

In the event that a real property owner desires to have their property released from a final permit or other approval previously granted and issued by the city, the property owner may apply for such release of permit or other approval on a form provided by the director.

B.

Each application for release of permit or other approval shall be subject to the following requirements:

1.

For permits or other approvals that have not been implemented in any manner and whose term of expiration has not yet elapsed, the director may administratively accept and grant such release requests in writing.

2.

For permits or other approvals that have been implemented in whole or in part, the director may accept and consider such release requests and may grant a release request in writing only if the director first determines that releasing the permit or other approval would meet all of the following criteria:

a.

Releasing the permit or other approval would not result in any harm or other adverse impact upon the real property, persons located on the real property, persons or property in the area surrounding the real property or to the city; and

b.

Releasing the permit or other approval would not result in a situation that would constitute a violation of any applicable law.

C.

Nothing contained in this section shall prevent or preclude the director from determining that the protection, preservation or furtherance of the public interest, health, safety or welfare would be better served through the processing of an amendment or adjustment to the original permit or other approval or a new permit or other approval rather than granting a release of such permit or other approval. The director shall require an amendment or adjustment to a permit or other approval or a new permit or other approval for any release application that does not meet the criteria of Subsection 20.100.380.B.2., above.

D.

Any applicant for a release of permit or other approval who is granted a release of the permit or other approval shall thereafter use the real property released from the permit or other approval only in a manner that conforms to the provisions of this title as if no such permit or other approval had been issued. Irrespective of prior permits or other approvals issued, it shall be a violation of this title to utilize any property for which a permit or other approval has been released for any purpose that requires a permit or other approval under this title without having first obtained the required permit or other approval; provided, however, that the property may be utilized in a manner that would be allowed under the provisions of Section 20.100.370, as if the permit or other approval had been revoked rather than released.

E.

When a permit or other approval has been released pursuant to the provisions of this section, the city shall file a release certificate with the county recorder in the same manner as a revocation certificate.

(Ord. 27185.)