Ord 2024-011 - Zoning Code Amendments

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30 required by the Planning Commission shall be refurbished and restored as necessary to achieve a high standard of appearance, quality, and safety. 5.40.128 Procedure for Consideration of Violations to Performance Standards A. Upon receiving a complaint from the public, Police Department, or any other interested party that a Deemed Approved Activity is in violation of the performance standards in Section 5.40.120 Performance Standards and Deemed Approved Status, the Zoning Enforcement Offi- cial shall review the violation. Owners or operators of Deemed Approved Activities are encour- aged to contact police to handle violations of the law. In order to avoid discouraging such calls, a violation of the performance standards may not be based solely upon the number of police calls for service that a Deemed Approved Activity generates. The Zoning Enforcement Official has the authority to work with the owner or operator of the Deemed Approved Activity (also referred to herein as “Respondent”) to resolve minor violations. If the Zoning Enforcement Of- ficial determines that the operating methods of the Deemed Approved Activity may be causing undue negative impacts on the surrounding area, then the Deemed Approved Status of the Deemed Approved Activity in question shall be reviewed by the Planning Commission in ac- cordance with Section 5.40.132 Violations to Conditions of Approval. This section is not in- tended to restrict the powers and duties otherwise pertaining to other city officer or bodies, in the field of monitoring and ensuring the harmony of Alcoholic Beverage Sale Commercial Ac- tivities in the City. B. The Zoning Enforcement Official’s referral shall be scheduled for a hearing before the Planning Commission within 45 days of the referral, unless both the ZEO and the Respondent consent to a later date. The purpose of the public hearing is to receive testimony on whether the operating methods of the Deemed Approved Activity are causing undue negative impacts in the surround- ing area. The public hearing shall be conducted pursuant to the procedures set forth in Chapter 5.24 Enforcement. Notification of hearings conducted pursuant to this chapter shall be provided to both the property owner and the operator of the Deemed Approved Activity. At the public hearing, the Planning Commission shall determine whether the Deemed Approved Activity con- forms to the Deemed Approved Performance Standards set forth in Section 5.40.120 Perfor- mance Standards and Deemed Approved Status and to any other applicable criteria, and may continue the Deemed Approved Status for the activity in question or require such changes or impose such reasonable Conditions of Approval as are in the judgment of the Planning Com- mission necessary to ensure conformity to said criteria and such conditions shall be based on the evidence before the Commission. The decision of the Planning Commission shall be based upon information compiled by staff and testimony from the business owner and all other inter- ested parties. C. Any new conditions of approval shall be made a part of the Deemed Approved Status and the Deemed Approved Activity shall be required to comply with these conditions. The determina- tion of the Planning Commission shall become final 10 calendar days after the date of decision unless appealed to the City Council in accordance with Chapter 5.20 Appeals.