E. Planning Commission Hearing. If it is determined that a hearing must be held before the
planning commission, public notice of the hearing will be published in a newspaper of general
circulation at least ten (10) days in advance of the hearing and mailed to owners of properties
within three hundred (300) feet of the location of the proposed home occupation based on
assessor’s parcel records. After receiving oral testimony at the hearing, and reviewing written
comments presented prior to and during the hearing, the planning commission shall approve,
approve with conditions, or deny the application. The decision of the planning commission will
be final unless formally appealed by the applicant or other interested party to the city council
within ten (10) days of the planning commission decision. If the application is approved and if no
appeal is filed within the ten (10) day period, a permit shall be issued. If the application is
conditionally approved and no appeal is filed within the ten (10) day period, a permit shall be
issued after it has been demonstrated to the planning and development department that the
conditions have been, or are being, satisfied.
F. Appeal. An appeal of the planning commission decision must be filed by the applicant or
other interested party in writing with the city clerk. The city council will conduct the appeal
hearing at a regularly-scheduled meeting following completion of a public notice process. Within
ten (10) days of receipt of an acceptable appeal, a public notice regarding the city council
appeal hearing will be published in a newspaper of general circulation and mailed to owners of
properties within three hundred (300) feet of the location of the proposed home occupation,
based on assessor’s parcel records. Such notice must be published at least ten (10) days in
advance of the date of the hearing.
The city council may affirm or overturn the decision of the planning commission or may add,
remove or amend conditions of approval. If the city council decision results in approval of the
application, a permit shall be issued. If the city council decision results in conditional approval, a
permit shall be issued after it has been demonstrated to the planning and development
department that the conditions have been, or are being, satisfied.
G. Revocation. Upon violation of any of the applicable provisions of this section, or upon failure
to comply with any of the conditions that were attached to approval of the permit, a home
occupation permit shall be suspended automatically. Notice of such suspension shall be sent as
soon as possible to the applicant by the planning and development director or designee. If the
violation that caused the suspension is not rectified within fourteen (14) days of the issuance of
the notice, a public hearing shall be scheduled before the planning commission for
consideration of revocation of the permit. Notice of the hearing shall be given in the same
manner as described in Subsection E for a planning commission hearing on application for a
new permit.
The decision of the planning commission whether to revoke the permit, or to take such action as
may be necessary to eliminate the violation, shall be final unless formally appealed to the city
council. The process for appealing the decision, for conducting the appeal hearing before the
city council, and for providing notice of the appeal hearing shall be the same as described in
Subsection F for processing an appeal regarding an application for a new permit. (Ord. 2003-01
§ 1, 2003: Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)