The establishment, operation, and maintenance of any alcoholic beverage establishment is subject to the following regulations:
(a) It is unlawful to establish an on-site alcoholic beverage establishment for patrons of legal drinking age or older if the location is:
(1) Within one thousand feet (1,000') of any area zoned or used for any church or park or any educational institution utilized by minors; or
(2) Within one thousand feet (1,000') of any area zoned or used for residential purposes.
(b) Zoning districts in which on-site and off-site sales of alcoholic beverages are permitted are shown in Appendix A
of this Zoning Code.
(c) The establishment of any alcoholic beverage establishment includes the opening of such a business as a new business, the relocation of such business, the conversion of an existing use or premises to any alcoholic beverage establishment, and/or the expansion or change of the type of alcoholic beverages to be sold at an alcoholic beverage establishment (that is, a change in the type of retail liquor license within a license classification).
(d) Notwithstanding the above provisions, any property owner or his/her/its authorized agent may request exceptions or modifications of the location provisions of this Section in conjunction with the required Conditional Use Permit application. No application shall be approved unless the findings required for a Conditional Use Permit contained in Chapter 17.130
and the following findings are made:
(1) That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this Section will be observed;
(2) That the proposed use will not enlarge or encourage the development of a blighted area;
(3) That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any other city program; and
(4) That all applicable regulations of the zoning district in which the use is permitted will be observed.
[Ord. No. 474, Section 5, 5/28/08; Ord. No. 515, Exhibit G, 5/22/13; Ord. No. 528, Exhibit I, 9/10/14.]