Article 19.5 — TRANSITION BETWEEN COMMERCIAL AND RESIDENTIAL USES
Beverly Hills Zoning Code · 2026-06 edition · ingested 2026-07-06 · Beverly Hills
10-3-1951: DEFINITIONS: ¶
For the purposes of this article, certain words and phrases used in this article are defined as follows: ADJACENT TO A RESIDENTIAL ZONE: A site that shares a property line with a residentially zoned property or is separated from a residentially zoned property by a public alley. Any portion of public right of way which abuts a residentially zoned property shall be deemed to be adjacent to a residential zone.
COMMERCIAL REFUSE BIN: A trash container which is designed for front loading refuse collection trucks and is utilized by a commercial establishment.
COMMERCIAL-RESIDENTIAL TRANSITION AREA: That portion of a commercial zone or the RMCP zone that is located within one hundred seventy feet (170') of either a residential zone or the RMCP zone. "Commercial-residential transition area" shall also include sites located within a residential zone which are used primarily by commercial uses which were legally authorized prior to the change to a residential zone classification. Notwithstanding the foregoing, "commercial-residential transition area" shall not include either those properties located on the northerly side of the street on Santa Monica Boulevard, south roadway, or those properties located on the southerly side of the street on Wilshire Boulevard west of Santa Monica Boulevard, north roadway.
DELIVERY, LOADING, OR UNLOADING: The transfer of a shipment of goods, wares, merchandise, mail, or similar items, to or from a vehicle, or the loading of persons into a vehicle, or the unloading of persons from a vehicle. EXTENDED HOURS: The time between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. on the following weekday, and the time between the hours of ten o'clock (10:00) P.M. and nine o'clock (9:00) A.M. on the following weekend day or holiday.
EXTENDED HOURS OPERATION: A commercial use that receives patrons during extended hours. (Ord. 81-O1797, eff. 6-11-1981; amd. Ord. 96-O-2270, eff. 11-27-1996; Ord. 99-O-2324, eff. 3-19-1999)
10-3-1952: COMMERCIAL USE SETBACKS: ¶
It shall be unlawful for any person to erect or construct any building, structure, or improvement, or any part thereof, on a site located in a nonresidential zone and located adjacent to a residential zone unless the following setbacks are maintained:
A. If the nonresidential site abuts an alley which separates the nonresidential zone from the residential zone, no building, structure, or improvement, either above or less than eight feet (8') below the grade level, except a wall or other improvement otherwise permitted by this article shall be located within six feet (6') of the edge of the alley adjacent to such site; or
B. If there is no alley between the nonresidential site and the residential zone, the following setbacks shall be maintained, except as otherwise permitted by this article:
No building, structure, or improvement located less than eight feet (8') below the grade level shall be located within six feet (6') of the property line abutting the residential zone.
No building, structure, or improvement, or any part thereof, up to thirty feet (30') or two (2) stories in height, whichever is less, shall be located within ten feet (10') of the property line abutting the residential zone.
No part of any building, structure, or improvement more than thirty feet (30') or two (2) stories in height, whichever is less, shall be located within twenty feet (20') of the property line abutting the residential zone.
C. The director of planning and community development, pursuant to article 36 of this chapter, may permit improvements in the setback required by subsection B of this section as is necessary to accommodate building code requirements if the director of planning and community development finds that the proposal will be compatible with the adjacent residential area.
D. If a retail department store is developed in accordance with the commercial retail planned development overlay zone (C-R-PD) standards set forth in article 18.2 of this chapter, subsections A and B of this section shall not apply, and such retail department store shall be developed in accordance with the setback requirements of said article 18.2 of this chapter. (Ord. 81-O-1797, eff. 6-11-1981; amd. Ord. 89-O-2081, eff. 12-7-1989; Ord. 96-O-2270, eff. 11-27-1996)
10-3-1953: WALLS REQUIRED FOR RESIDENTIAL-NONRESIDENTIAL TRANSITION: ¶
Notwithstanding the setback requirements of section 10-3-1952 of this article, no person shall erect, construct, or enlarge any building, structure or improvement on a nonresidential site adjacent to a residential zone unless that person constructs a wall along the property line separating the residential and nonresidential uses.
A. Nonresidential Site That Abuts An Alley: If the nonresidential site is separated from the residential zone by an alley, then a three foot (3') high solid masonry wall shall be constructed and maintained along the property line that abuts the alley. There shall be no opening in such wall; provided, however, there may be an opening a maximum of twenty five feet (25') wide in such wall as is necessary to accommodate a driveway providing access to the parking area or loading dock of the structure from the alley when such access is otherwise permitted by the city engineer or the director of building and safety. The director of planning and community development, pursuant to article 36 of this
chapter, may permit openings not exceeding a width of five feet (5') in such wall as is necessary to accommodate building code requirements if the director of planning and community development finds that the proposal will be compatible with the adjacent residential area.
Materials Allowed: A reviewing authority may allow the use of any wall material other than masonry, and may further allow a wall constructed of material other than masonry to be a maximum height of three feet six inches (3'6"), provided the reviewing authority finds that the alternative wall material or design and the additional height will not have a substantial adverse impact on the adjacent residential property.
Minor Accommodation: Notwithstanding the provisions of this subsection A, a reviewing authority may issue a minor accommodation pursuant to article 36 of this chapter to allow an opening of up to thirty feet (30') in width in a wall along the property line that abuts the alley, provided the reviewing authority finds that the increased size of the opening will not have a substantial adverse impact on traffic safety, noise, the scale and massing of the streetscape, or garden quality of the city.
B. Nonresidential Site That Abuts A Residential Rear Property Line: If the nonresidential site abuts the rear property line of a residential site, then a solid masonry wall shall be constructed and maintained along the nonresidential property line. The height of the wall shall be at least six feet (6'), but shall not exceed the maximum height permitted along the abutting residential property line.
Nonresidential Site That Abuts A Residential Rear Property Line: If the nonresidential site abuts the rear property line of a residential site, then a solid masonry wall shall be constructed and maintained along the nonresidential property line. The height of the wall shall be at least six feet (6'), but shall not exceed the maximum height permitted along the abutting residential property line.
- Minor Accommodation: Notwithstanding the provisions of this subsection B, a reviewing authority may issue a minor accommodation pursuant to article 36 of this chapter to allow a wall of up to ten feet (10') in height along a property line abutting a residential rear property line, provided the reviewing authority finds that the wall will not have a substantial adverse impact on traffic safety, the scale and massing of the streetscape, or garden quality of the city. A reviewing authority may also issue a minor accommodation to allow for any wall material other than masonry, provided the reviewing authority finds that the choice of alternate wall material will not have a substantial adverse impact on the privacy, security or residential quality of the adjacent residential property.
C. Nonresidential Site That Abuts A Residential Side Property Line: If the nonresidential site abuts the side property line of a residential site, then a solid masonry wall shall be constructed and maintained along the nonresidential property line. Within the area abutting the front yard of the residential property, the wall shall be constructed at the maximum height permitted along the abutting residential property line. Within all other areas, the height of the wall shall be at least six feet (6'), but shall not exceed the maximum height permitted along the abutting residential property line.
- Minor Accommodation: Notwithstanding the provisions of this subsection C, a reviewing authority may issue a minor accommodation pursuant to article 36 of this chapter to allow a wall of up to ten feet (10') in height along a property line abutting a residential side property line, provided the reviewing authority finds that the wall will not have a substantial adverse impact on traffic safety, the scale and massing of the streetscape, or garden quality of the city. A reviewing authority may also issue a minor accommodation to allow for any wall material other than masonry, provided the reviewing authority finds that the choice of alternate wall material will not have a substantial adverse impact on the privacy, security or residential quality of the adjacent residential property.
D. Finish: All walls constructed pursuant to this section shall be finished on each side of the wall. (Ord. 81-O-1797, eff. 6-11-1981; amd. Ord. 96-O-2270, eff. 11-27-1996; Ord. 98-O-2293, eff. 4-17-1998; Ord. 01-O-2389, eff. 1-102002; Ord. 02-O-2395, eff. 4-5-2002)
10-3-1954: LANDSCAPING OF SETBACKS FOR COMMERCIAL USES: ¶
A. Landscaping Plans: The setback area required pursuant to the provisions of section 10-3-1952 of this article shall be improved with landscaping in conformance with a plan which meets all of the following criteria and which
has been reviewed and approved by the architectural commission in accordance with section 10-3-3007 of this chapter:
Landscaping shall be of a type and density to provide a texture, buffer, or screen between nonresidential and residential zones as deemed appropriate for the location by the architectural commission.
Landscaping shall be of a type and size which will provide such texture, buffer, or screen to a reasonable extent when initially planted and which will grow to a size and configuration to achieve the full intent of such buffer within a reasonable amount of time.
Plants shall be of an appropriate type so as to minimize the dropping of leaves or needles onto adjacent properties or alleys or shall be capable of being readily maintained so as to minimize such dropping.
Plants shall have a root structure which will not displace or damage paved areas and which will not interfere with nearby utility systems.
B. Landscaping Maintenance: Such landscaping shall be maintained in accordance with the provisions of a landscape maintenance plan approved by the architectural commission which shall provide for the irrigation, fertilization, trimming and replacement of plants on a schedule appropriate to the types and quantities of plants utilized in such landscaping. (Ord. 81-O-1797, eff. 6-11-1981; amd. Ord. 96-O-2270, eff. 11-27-1996)
10-3-1955: COMMERCIAL-RESIDENTIAL TRANSITION; GENERAL DEVELOPMENT REQUIREMENTS: ¶
Notwithstanding any other provision of this chapter, it shall be unlawful for any person to erect or construct any building, structure, or improvement, or any part thereof, on a site located in a nonresidential zone and located adjacent to a residential zone unless all of the following conditions are met:
A. No mechanical venting faces any residential use;
B. No mirrored or reflective glass or material is used on the facade of the building, structure, or improvement which faces any residential use;
C. No loading dock faces any residential use; provided, however, this subsection shall not apply to any site which is not a corner site and which abuts an alley which separates the nonresidential zone from the residential zone; and
D. The building, structure, or improvement is designed to allow for adequate sight lines for vehicular ingress to and egress from each adjacent residential use or alley. (Ord. 96-O-2270, eff. 11-27-1996)
10-3-1956: COMMERCIAL-RESIDENTIAL TRANSITION; GENERAL OPERATIONAL REQUIREMENTS: ¶
A. Except as provided in subsection B of this section, it shall be unlawful for any person to commence or conduct, either directly or indirectly, any commercial use on a site located in a commercial-residential transition area except in conformance with the following requirements:
- No deliveries shall be received, and no loading, or unloading shall be permitted during extended hours unless:
a. The deliveries, loading, or unloading operation is conducted entirely within an enclosed structure, or
b. The deliveries, loading, or unloading operation is conducted exclusively from a public right of way that is not adjacent to a residential zone or RMCP zone.
Refuse shall not be deposited into a commercial refuse bin located outside of an enclosed structure on private property or on a public right of way that is adjacent to a residential zone or RMCP zone during extended hours unless such refuse is in sealed bags.
Commercial refuse bins shall not be moved in a public right of way adjacent to a residential zone or RMCP zone, or within the area between a commercial structure and a residential zone or RMCP zone during extended hours, except by waste haulers operating pursuant to a franchise with the city that permits such activity during extended hours.
All commercial refuse bins shall be equipped with nonmetallic lids which shall remain closed at all times.
For those businesses operating pursuant to an extended hours permit issued pursuant to section 10-3-1958 of this article, the name and telephone number of a person who will be available during the operational hours of the business to address a problem with the subject establishment shall be posted in a conspicuous place on the exterior of the building housing the establishment. The sign shall not exceed four (4) square feet in size and the letters on the sign shall be not less than one-half inch ([1] /2") nor more than one inch (1") in height. The contact person shall be the
business owner, business manager, or other similar person who has sufficient authority over the business to address problems that may disturb neighbors.
All doors facing a residential zone shall remain closed at all times during extended hours except for the immediate purpose of ingress or egress. All windows to food preparation areas that face a residential zone shall remain closed at all times during extended hours.
Employees, agents, associates, or contractors of a nonresidential use shall not congregate behind the nonresidential structure or in any open area or public right of way separating a nonresidential structure and a residential zone or RMCP zone during extended hours.
All businesses in the commercial-residential transition area shall comply with all provisions of title 5, chapter 1, article 1 of this code, regarding general noise regulations. In order to promote compliance with said provisions, and in addition to said provisions, all businesses in the commercial-residential transition area shall comply with the following requirements:
a. The employees, agents, associates, or contractors of a business shall not engage in conduct or activity which substantially or unreasonably disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area during extended hours.
b. No activity shall be conducted on the premises in a manner which substantially or unreasonably disturbs the peace and quiet of the surrounding neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area during extended hours.
c. The factors which shall be considered in determining whether activity described in subsections A8a and A8b of this section violates this section shall be the criteria specified under section 5-1-104 of this code, including, but not limited to, the following:
(1) The volume of the noise;
(2) Whether the nature of the noise is usual or unusual;
(3) Whether the origin of the noise is natural or unnatural;
(4) The volume of the background noise;
(5) The proximity of the noise to residential sleeping facilities;
(6) The time of day or night the noise occurs;
(7) The duration of the noise;
(8) Whether the noise is recurrent, intermittent, or constant.
B. The operational requirements set forth in subsection A of this section shall not apply to:
- The following business classifications:
a. Professions and semiprofessions (classification C), as defined under subsection 3-1-219C of this code,
excluding medical offices and medical laboratories as defined under section 10-3-100 of this chapter;
b. Residential or commercial property rental and leasing (classifications E and F), as defined under subsections
- 3-1-219E and F of this code;
c. Agencies, lenders, brokerages, and other similar services (classification G), as defined under subsection 3-1219G of this code;
d. Depository financial institutions, branch and sales office locations (classification H), as defined under subsection 3-1-219H of this code;
- e. Corporate offices; or
Hotels and hotel appurtenant service uses as defined in article 28.6 of this chapter; or
Projects approved by the planning commission or the city council on an appeal through any of the following procedures when the resolution of approval specifically and explicitly addressed extended hours activities associated with the project:
a. Development plan review;
b. Conditional use permit;
c. Planned development review; or
- Vehicle fuel stations.
C. A minor accommodation may be granted pursuant to the procedures and requirements of article 36 of this
chapter, to relieve an applicant of one or more of the operational requirements prescribed by subsections A1 through A7 of this section if the director of planning and community development finds:
The applicant cannot comply with the subject requirements, and
The applicant will comply with subsection A8 of this section. (Ord. 96-O-2270, eff. 11-27-1996; amd. Ord. 99O-2324, eff. 3-19-1999; Ord. 05-O-2489, eff. 12-16-2005)
10-3-1957: TRANSITIONAL USE LICENSES: ¶
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:
- 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.
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
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
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)
10-3-1958: EXTENDED HOURS PERMITS: ¶
A. Extended Hours: Except as provided in subsection H of this section, it shall be unlawful for any person to commence or conduct, either directly or indirectly, an extended hours operation on a site located in a commercialresidential transition area in the City of Beverly Hills without having procured an extended hours permit pursuant to the provisions of this article. Every person commencing or conducting any extended hours operation shall file an application for an extended hours permit with the Department of Planning and Community Development in a form prescribed by that department. The City Council may, by resolution, establish fees for the review of such applications. B. Public Hearing: A public hearing shall be held by the Planning Commission on all applications for an extended hours permit. Upon receipt of a complete application, the Director shall refer the project to the Planning Commission at the next feasible regular meeting, unless an extension of time is consented to by the applicant. Noticing shall be completed in accordance with article 2.5 of this chapter and the City's public notice guidelines.
C. Conditions: The Planning Commission shall grant an extended hours permit if it finds that the extended hours operation will not substantially disrupt the peace and quiet of the adjacent neighborhood as a result of any of the following:
The accumulation of garbage, litter, or other waste, both on and off of the subject site;
Noise created by the extended hours operation or by employees or visitors entering or exiting the extended hours operation;
Light and glare;
Odors and noxious fumes;
Pedestrian queuing;
Crime or peril to personal safety and security;
Use of residential streets for parking which is likely to cause activity associated with the subject extended hours operation to intrude substantially into a residential area;
Effects on traffic volumes and congestion on local residential streets; and
Cumulative impacts relating to the existing concentration of extended hours operations in the vicinity of the proposed extended hours operation.
D. Conditions Of Approval: To make the findings set forth under subsection C of this section, the planning commission may impose conditions of approval on a project to ensure that the factors set forth under subsection C of this section will not substantially disrupt the peace and quiet of adjacent residential and commercial uses or create significant environmental impacts on the community within the meaning of the California environmental quality act. Such conditions may include, without limitation, restrictions or modifications to the hours of operation requested by an applicant. The planning commission shall only impose conditions related to the impacts of an operation during extended hours.
dential and commercial uses or create significant environmental impacts on the community within the meaning of the California environmental quality act. Such conditions may include, without limitation, restrictions or modifications to the hours of operation requested by an applicant. The planning commission shall only impose conditions related to the impacts of an operation during extended hours.
E. Decision: The decision of the planning commission shall be by resolution. The applicant or any person aggrieved by the decision may appeal the decision to the city council as provided in title 1, chapter 4, article 1 of this code. The city council shall conduct a hearing on the appeal in a timely manner.
F. Operative Date: The operative date of the extended hours permit shall be the fifteenth day after the date upon which the applicant receives approval of the permit, provided no appeal has been filed on a timely basis pursuant to subsection E of this section.
G. Approval Upon Expiration Of Time Limit: In the event that the planning commission has not acted on an application for an extended hours permit in accordance with the time limits specified under subsection B of this section, the application shall be deemed approved upon the expiration of the time limit. An appeal period during which such approval may be appealed to the city council as prescribed in subsection E of this section shall commence upon the expiration and deemed approval date.
H. Businesses Not Applicable: The provisions of this section shall not apply to any business that was legally operating during extended hours on December 27, 1996, as part of its customary weekly schedule of business operations. The provisions of this section shall also not apply to any business that was legally operating during extended hours on January 8, 1999, without the requirement of an extended hours permit, as part of its customary weekly schedule of business operations. These exemptions shall not be transferable by the existing business to a different business. For purposes of this section, a business shall be considered different from the existing business if:
The business has a different name, and
The business offers a product or type or style of service which, in the opinion of the director of planning, may result in additional patrons visiting the site during extended hours or additional vehicle trips to the site during extended hours.
Changes to product or service references in the name of a business shall not be considered a change to the name of the business.
Notwithstanding the foregoing, any business operating during extended hours pursuant to the exemptions set forth herein shall not expand its hours of extended hours operation in effect on January 8, 1999, except as permitted by an extended hours permit issued pursuant to this section, subject to the following exceptions:
a. Such business may expand its hours of extended hours operation up until and including twelve o'clock
(12:00) midnight, notwithstanding a shorter period of extended hours operation in effect on January 8, 1999;
b. For any such business that was subject to and qualified for the exemption specified in this subsection H, as set forth in ordinance 96-O-2270, such business may expand its hours of extended hours operation up until and including twelve o'clock (12:00) midnight, notwithstanding there being no hours of extended hours operation in effect on January 8, 1999.
I. Exercise Of Rights Granted: Unless otherwise provided in the resolution granting an extended hours permit, the exercise of rights granted in such extended hours permit shall be exercised within one hundred eighty (180) days after the adoption of the final resolution granting such extended hours permit. The planning commission may grant a six (6) month extension of the time limit contained in this subsection, or in any resolution granting a discretionary approval, if an application therefore is made at least thirty (30) days prior to the expiration of the time limit, or any extension thereof. Such extension may be granted after a duly noticed public hearing held pursuant to the same procedures applicable to the approval of the original application, if the Planning Commission determines that conditions and regulations affecting development in the City have not changed in a manner that would warrant reconsideration of the findings and decision made at the time of the original approval. The time limit imposed pursuant to this subsection may not be extended beyond two (2) years after the adoption of the initial final resolution granting the extended hours permit. Any decision regarding an extension pursuant to this subsection may be appealed to the appropriate review authority in the manner provided by the same procedures applicable to the approval of the original application or, if no
appeal procedures are specified, to the City Council in the manner provided by title 1, chapter 4, article 1 of this Code. (Ord. 96-O-2270, eff. 11-27-1996; amd. Ord. 99-O-2324, eff. 3-19-1999; Ord. 02-O-2411, eff. 11-22-2002; Ord. 14O-2661, eff. 6-20-2014; Ord. 19-O-2785, 8-16-2019)
10-3-1959: REFERRAL AND REVOCATION OF PERMITS AND LICENSES: ¶
A. The Director of Planning and Community Development and the Director of Building and Safety shall develop administrative guidelines for addressing complaints and possible violations in connection with transitional use licenses and extended hours permits, and evaluating whether a business is in compliance with the provisions of this article and all other provisions of this Code. The guidelines shall include examples of remedies that may be pursued by the City in response to violations of this article or other provisions of this Code. The remedies will be available as alternatives to referral of transitional use licenses or extended hours permits to the Planning Commission for consideration of revocation of the license or permit. Such guidelines may be amended by the Directors at the Directors' discretion. Without regard to whether the City has pursued alternative remedies, if the Director of Planning and Community Development or the Director of Building and Safety believes that a business may not be in compliance with the provisions of this article or any other provision of this Code, the Director of Planning and Community Development may refer the transitional use license or extended hours permit to the Planning Commission to consider revocation or conditioning the license or permit to ensure that the permitted activity operates in compliance with the provisions of this article and all other City laws.
B. In the event that a transitional use license or extended hours permit is referred to the Planning Commission, the Planning Commission shall hold a public hearing regarding the possible revocation of the license or permit or the possible imposition of conditions to ensure compliance by the licensee or permittee with the provisions of this article and all other applicable City laws for which the licensee or permittee is found in violation. Notice of such hearing shall be provided as set forth in subsection C of this section. The Planning Commission, after such hearing, may revoke the transitional use license or extended hours permit if the commission determines that:
The permittee has violated a condition of the license or permit previously imposed pursuant to this section, or violated any provision of this Code that governs the permitted activity; or
Misstatements or omissions of material facts were used in the acquisition of a transitional use license or extended hours permit.
In addition, should the Planning Commission find that the permittee is in violation of any provision of this article or other City law governing the permitted activity, the commission may allow the transitional use license or extended hours permit to remain in force, subject to conditions to correct and prevent a recurrence of said violation and to protect the peace and quiet of the adjacent neighborhood. In doing so, the Planning Commission may require all future license and permit approvals for the subject business to be subject to the same conditions.
tivity, the commission may allow the transitional use license or extended hours permit to remain in force, subject to conditions to correct and prevent a recurrence of said violation and to protect the peace and quiet of the adjacent neighborhood. In doing so, the Planning Commission may require all future license and permit approvals for the subject business to be subject to the same conditions.
C. At least ten (10) days prior to any hearing by the Planning Commission, notice of the time, place, and purpose of the public hearing shall be sent by first class mail in accordance with article 2.5 of this chapter and the City's public notice guidelines.
D. The applicant or any person aggrieved by a decision of the Planning Commission pursuant to this article may appeal the decision to the City Council as provided in title 1, chapter 4, article 1 of this Code. (Ord. 96-O-2270, eff. 11-27-1996; amd. Ord. 14-O-2661, eff. 6-20-2014)
10-3-1960: VIOLATIONS AND REMEDIES: ¶
A. The operation of a business in violation of this article is a nuisance. Each person violating this article is subject to all remedies allowed by law. (Ord. 11-O-2615, eff. 12-16-2011)