(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, and once it is determined by the city that violations appear to be occurring, then the deemed approved status of the deemed approved activity in question shall be reviewed by the Planning Commission at a public hearing. Notification of the public hearing shall be in accordance with adopted city standards.
(B) 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 surrounding area. At the public hearing, the Planning Commission shall determine whether the deemed approved activity conforms to the deemed approved performance standards 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 Commission necessary to ensure conformity to said criteria and such conditions shall be based on the evidence before the Planning Commission. The decision of the Planning Commission shall be based upon information compiled by staff and testimony from the business owner and all other interested parties. 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 determination of the Planning Commission shall become final ten calendar days after the date of decision unless appealed to the City Council.
(Ord. 2005-009, passed 6-13-05)