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A. Except as provided in subsection C of this section, no commercial activity shall be commenced or conducted in a commercial-residential transitional area without a valid transitional use license and, if applicable, an extended hours permit. The department of finance administration shall issue a transitional use license upon compliance with the following requirements:
1. The applicant agrees in writing that:
a. The applicant has read and understands the requirements of this article; and
b. The subject business will, at all times, comply with all requirements of this article, including any conditions imposed pursuant to this article by the director of building and safety to ensure compliance with all requirements of this article; and
c. In the event that the Director of Planning and Community Development has a reasonable basis to believe that the subject business may be in violation of the requirements of this article or any other provision of this Code, and that substantial progress is not being made toward the correction of such violation, the Director of Planning and Community Development shall have the authority to refer the subject business to the Planning Commission for revocation of the transitional use license.
2. The applicant submits a name and telephone number of a person who is available during operational hours of the business to address all problems with the subject establishment; and
3. The subject business does not have an uncured violation of this article, any other provision of this Code, or any condition imposed on a transitional use license or extended hours permit pursuant to section 10-3-1959 of this article, except where substantial progress is being made toward the correction of such violation to the satisfaction of the Director of Building and Safety or the Director of Planning and Community Development; and
4. A transitional use license has not been revoked for the subject business by the Planning Commission pursuant to section 10-3-1959 of this article.
B. Transitional Use License: The Planning Commission may issue a transitional use license for a business whose transitional use license was previously revoked, if, after conducting a public hearing in accordance to the requirements specified in section 10-3-1959 of this article, the Planning Commission finds that the requirements specified under subsections A1 through A3 of this section have been met. In connection therewith, the Planning Commission may impose conditions on the approval of a transitional use license to ensure conformance to the requirements specified under subsections A1 through A3 of this section and to ensure that the permitted activity will not violate any provision of this Code. The decision of the Planning Commission shall be appealable to the City Council as provided by title 1, chapter 4, article 1 of this Code.
C. No Transitional Use License Required: Notwithstanding subsection A of this section, no transitional use license shall be required for the uses exempted under subsection 10-3-1956B of this article.
D. Filing Fees: No fee or charge shall be required for any application or form filed for a transitional use license. (Ord. 96-O-2270, eff. 11-27-1996)