§ 4.4. Abandonment, expiration and revocation of a specific use permit (SUP).

(1)

Abandonment. A SUP approved by the City Council that remains vacant or inactive for a period of one (1) year shall be deemed to be abandoned and shall automatically expire. Vacancy or inactivity can be determined by the following:

(a)

The water and/or electrical services have been disconnected or discontinued on the property; and/or

(b)

The subject property (e.g. lease space, parcel or parcels of land, lot, tract etc.) is unoccupied; and/or

(c)

The use is abandon due to the issuance of a Certificate of Occupancy (CO) for a use other than (and exclusive from) the use approved with the SUP.

(2)

Expiration. A Specific Use Permit (SUP) shall automatically expire due to inactivity if:

(a)

A building permit has not been issued within one (1) year of the approval date of the SUP ordinance, and/or a Certificate of Occupancy (CO) has not been issued within one (1) year of a building permit due to inactivity on the site (inactivity in this case is defined as no progress towards construction for six [6] months) — or one (1) year of the approval date of this ordinance if no building permit is necessary; or

(b)

A building permit or Certificate of Occupancy (CO) expires, is terminated or revoked under the requirements of the Codes of the City of Rockwall.

(3)

Revocation. The City Council reserves the right to revoke or rescind any SUP in which the business, property or property owner operating under the guidelines of the SUP ordinance fails to meet the minimum operation requirements set forth in the Specific Use Permit (SUP) ordinance and/or outlined in the Unified Development Code or the Rockwall Municipal Code of Ordinances. The procedure for revocation or rescinding a Specific Use Permit (SUP) shall be the same procedure for requesting a new Specific Use Permit (SUP).

(Ord. No. 17-17, § 1, 3-20-2017)