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(1) The Planning Commission, on its own motion or upon a staff recommendation or after receipt of an applicant’s request, may hold a hearing upon the question of modification or revocation of a Conditional Use Permit granted under or pursuant to the provisions of this Section.

(2) Notice of said hearing shall be made in a manner prescribed by Section 14.02.010, Provo City Code.

(3) Applicants requesting Planning Commission consideration of the modification or revocation of a conditional use permit shall pay the Conditional Use permit fee and the public notice fee set forth in Chapter 14.43, Provo City Code.

(4) A Conditional Use Permit may be modified or revoked if the Planning Commission finds one (1) or more of the following:

(a) that the use permit was obtained by misrepresentation or fraud;

(b) that the use for which the permit was granted is not being exercised;

(c) that the use for which the use permit was granted has ceased or has been suspended for six (6) months;

(d) that the conditions imposed upon said use permit have not been complied with;

(e) that 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; or

(f) that the conditional use has been materially altered or expanded beyond the scope of the use originally authorized. Factors such as, but not limited to, increased number or size of structures, finding that a nuisance exists, or alteration of the approved project plan may be cause for modification or revocation of a conditional use permit.

(Enacted 1986-10, Ren 1987-45, Am 1990-01, Am 1998-17)