Chapter 8.12
BUSINESS OPERATIONS AFTER MIDNIGHT
Sections:
8.12.030 No permit requirement until complaint.
8.12.040 Revocation of permits.
8.12.050 Public hearings and mailing of notice.
8.12.060 Other requirements unaffected.
8.12.010 Permit requirement.
No person shall, without a permit, operate any business establishment between the hours of twelve midnight and six a.m. on premises within three hundred feet of any property zoned or in use as residential property. To the extent applicable and not otherwise provided herein, the provisions of Sections 16.82.010, 16.82.020, 16.82.040, 16.82.190 and 16.82.200 shall apply to such permits and determinations regarding exempt status. The criteria for granting or denying such permit shall be (1) whether the permit will allow activity which interferes with the peace and quiet of persons of ordinary sensibility while enjoying property in use as residential property, (2) the number of persons so affected, (3) the extent of such interference, (4) the length of time during which an existing business has been operating between the hours of twelve midnight and six a.m. without significant complaint to the city, and (5) hardship to the business from loss of income or other factors if the permit is not granted. The permit shall be granted unless it is found that the interests of the residents in the peaceful and quiet enjoyment of residential property outweigh the interests of the business seeking the permit. The permit shall be denied in whole or in part or conditions attached to the permit only to the extent that the denial or conditions are supported by such finding. (Ord. 733 § 1(a), 1986).
8.12.020 Exemptions.
The following business establishments are exempt from the permit requirements of this chapter:
(1) Professional, executive, and administrative offices;
(2) General offices;
(3) Research facilities;
(4) Research and development facilities;
(5) Light manufacturing and assembling facilities;
(6) General industrial facilities:
(7) Hotels and motels, including their restaurants, cafes, and other public facilities;
(8) Restaurants, cafes, and bars between the hours of twelve midnight and two a.m.;
(9) Theaters;
(10) Hospitals and convalescent homes;
(11) The overnight boarding of animals at veterinary clinics and hospitals;
(12) Facilities operated by a public entity. (Ord. 733 § 1(b), 1986).
8.12.030 No permit requirement until complaint.
No business establishment shall be required to obtain a permit or determination of exempt status under this chapter unless a written complaint is lodged with the department of community development stating that operation of the establishment between the hours of twelve midnight and six a.m. is not exempt and is interfering with the quiet enjoyment of residential property owned or occupied by such individual. A business establishment may apply for and obtain a permit or determination of exempt status whether or not such statement has been lodged. (Ord. 733 § 1(c), 1986).
8.12.040 Revocation of permits.
Any permit under this chapter shall be null and void if not used within one year after date of approval thereof, or for any continuous period of one year, or within any different period of time after date of approval or for any different continuous period of time if so designated by the planning commission or City Council. Any permit under this chapter may be revoked by the City Council if any condition or term of the permit is violated or if noise or other adverse effect upon the peaceful and quiet enjoyment of residential property resulting from the business establishment has increased significantly beyond that occurring or contemplated when the permit was granted. (Ord. 733 § 1(d), 1986).
8.12.050 Public hearings and mailing of notice.
A public hearing pursuant to Chapter 16.84 shall be required for the issuance or revocation of permits under this chapter. Notice of hearing shall be mailed to owners and residents of properties which are zoned or in use as residential property and within three hundred feet of the property on which the business establishment is located. Notices to residents at a particular street address may be addressed to "Residents" followed by such street address. Such public hearing and mailing shall be required in a hearing before the planning commission upon an application by a business for exempt status only if (1) the director of community development or his designated alternate, have reason to doubt applicant’s entitlement to the exemption, or (2) a complaint has been made in accordance with Section 8.12.030. (Ord. 733 § 1(e), 1986).
8.12.060 Other requirements unaffected.
The requirements of this chapter are in addition to, not in lieu of, the requirements of any other provision of this code. An exemption under Section 8.12.020 is an exemption from the permit requirements of this chapter only and shall not exempt a business establishment from any other provision in this code. (Ord. 733 § 1(f), 1986).