(a) The Planning Commission shall have the power to refuse issuance or suspend or revoke any permit granted under the provisions of this Chapter if any of the following conditions exist:
(1) If any false statement has been made by the permittee in connection with the application for the permit.
(2) If the permit application is incomplete.
(3) If the permittee fails or refuses to comply with any provision of this chapter or with any other City ordinances or State laws applicable thereto.
(4) If the permittee fails to file and/or pay his or her City income tax returns in a timely manner.
(5) If the permittee has any criminal convictions for a crime of violence, sex offense involving a minor, illegal drug possession or drug trafficking, contributing to the delinquency of a minor, falsification or fraud.
(6) If the building or premises for which the permit has been issued does not comply with all provisions of this chapter and all other City ordinances and State laws applicable thereto.
(7) If the operation of a child day-care home will:
A. Adversely affect the use of neighboring properties;
B. Adversely affect the health or safety of persons residing or working in the neighborhood;
C. Change the character of the neighborhood;
D. Be detrimental to the public welfare or injurious to the property.
(b) In granting a child day-care home permit, the Planning Commission may impose such conditions in connection therewith as it may deem necessary to protect the public welfare, preserve the purpose and intent of this chapter, and protect the character of the neighboring properties. Such conditions may include, but shall not be limited to, the regulation of setbacks, screening and buffers, noise, hours of operation, access and traffic.
(c) Upon denying any application, or upon revocation of any permit for a child day-care home permit, the applicant may request a hearing for reconsideration by the Planning Commission at its next regular meeting so the applicant can correct any condition or supply the Planning Commission with additional information that may alter the Planning Commission's decision. If, at the hearing for reconsideration, the Planning Commission affirms its declination, the applicant may re-apply in six months from the date of the declination affirmation.
(d) Citizen complaints regarding the operation of a child day-care home shall be submitted to the Zoning Department, which shall attempt to resolve the complaint. If, in the Zoning Administrator's opinion, resolving the matter of the complaint may require permit revocation or suspension, the Zoning Administrator may submit a request for review and opinion from the Planning Commission. The Planning Commission may, but shall have no obligation to, request a response from the provider and/or request the provider and complainant to address the nature of the complaint at a Planning Commission meeting. Failure to respond to the Planning Commission's request may result in permit revocation or suspension.
(Ord. 2996. Passed 7-13-09.)