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Ord 2000-005
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Ord 2000-005
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8/30/2010 5:10:37 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
4/3/2000
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PERM
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pursuant to the procedures set forth in Article 29. Notification of hearings conducted <br /> pursuant to this Article shall be provided to both the property owner and the operator of <br /> the Deemed Approved Activity. At the public hearing, the Board of Zoning Adjustments <br /> shall determine whether the Deemed Approved Activity conforms to the Deemed <br /> Approved Performance Standards set forth in Section 5 -2612 and to any other applicable <br /> criteria, and may continue the Deemed Approved Status for the activity in question or <br /> require such changes or impose such reasonable Conditions of Approval as are in the <br /> judgment of the Board of Zoning Adjustments necessary to ensure conformity to said <br /> criteria and such conditions shall be based on the evidence before the Official. The <br /> decision of the Board of Zoning Adjustments shall be based upon information compiled by <br /> staff and testimony from the business owner and all other interested parties. <br /> C. Any new conditions of approval shall be made a part of the Deemed Approved Status and <br /> the Deemed Approved Activity shall be required to comply with these conditions. The <br /> determination of the Board of Zoning Adjustments shall become final ten calendar days <br /> after the date of decision unless appealed to the City Council in accordance with Article <br /> 28. . <br /> Section 5 -2618: Violations to conditions of approval. <br /> A. In the event of a violation of any of the provisions set forth in these regulations, or upon <br /> evidence that there has been a failure to comply with any prescribed condition of approval, <br /> the Board of Zoning Adjustments may hold a public hearing. Notification of the public <br /> hearing shall be in accordance with Section 5 -2906. <br /> B. The purpose of this public hearing is to receive testimony and determine whether <br /> violations to any conditions of approval attached to the site have occurred. The Board of <br /> Zoning Adjustments may add to or amend the existing conditions of approval based upon <br /> the evidence presented; or alternatively may revoke the Deemed Approved Activity's <br /> Deemed Approved Status and discontinue the Alcoholic Beverage Sales. The <br /> determination of the Board of Zoning Adjustments shall become final fifteen (15) calendar <br /> days after the date of decision unless appealed to the City Council in accordance with <br /> Article 28. <br /> Section 5 -2620: Fee schedule. <br /> If the City Council determines to charge any fees for review, notification, appeal, and reinspection of <br /> Deemed Approved Activities, such fees shall be in accordance with the city master fee schedule. <br /> Section 5 -2622: Violations and penalties. <br /> A. Violations. Violations of this Article 26 shall be enforced pursuant to the procedures in Article <br /> 29. <br /> -5- <br />
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