Applications to establish any of the regulated uses set forth in Section 802.03 shall be forwarded immediately by the Building Inspector to the Board of Zoning Appeals.
(a) The Board of Zoning Appeals may recommend that Council waive the 1,000-foot separation regulation if, after receiving evidence at a regular meeting, the following specific findings are made:
(1) That the proposed use will not be contrary to the public interest or injurious to nearby properties, nor will it adversely affect the general welfare of the neighborhood, and that the spirit and intent of this chapter will be observed.
(2) That the proposed use will not enlarge or encourage the development of a “skid row” 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 program of urban renewal.
(4) That all applicable regulations of this chapter will be observed.
(b) Prior to any recommendation granting permission for such regulated use, the Board of Zoning Appeals shall give due notice of receipt of any application under consideration (Notice of Application) to all persons who are the owners of any real property, to the occupants of all single, two, three and four-family buildings and to the managers of all multi-unit buildings over four families (who shall be requested to post such notice in an appropriate location within the multi-unit building) and to all places within 1,000 feet, and to any neighborhood improvement organizations known to exist in the area (who have informed the Building Department in writing of their existence). Such notice shall be delivered personally or by mail, addressed to the respective owners and, if the tenant's name is not known, the term “occupant” may be used.
(c) The Notice of Application shall inform the recipient of the applicant's name, the applicant's proposal, the local address and the lot number and subdivision name of the premises in question, and the section of the Zoning Code under which the proposal is being processed. Such Notice shall also invite the expression of comments, statements or opinions, either in writing or in person, with a time period expiring not less than fourteen days from the mailing date of such Notice of Application.
(d) Subsequent to the deadline for response to the Notice of Application, a decision shall be made by the Board of Zoning Appeals (taking into consideration the comments, statements and opinions expressed) to recommend to Council to either approve, approve with conditions or deny the proposal in accordance with the standards set forth in this section. The recommendation of the Board of Zoning Appeals shall be subject to the approval of Council.
(e) A copy of the recommendation of the Board of Zoning Appeals shall be mailed to the applicant and to all persons responding to the Notice of Application, informing them that the Board's recommendation will not take effect pending a public hearing and decision by Council.
(f) Council may waive the location requirements upon appeal of any of the regulated uses if the findings required in subsection (a) hereof are specifically made and after receiving a report and recommendation from the Board of Zoning Appeals.
(g) In recommending or approving a permit for any regulated use, the Board of Zoning Appeals or Council may impose any such conditions or limitations upon the establishment, location, construction, maintenance or operation of the regulated use as may, in its judgment, be necessary for the protection of the public interest. Any evidence and guarantee may be required as proof that the conditions stipulated in connection therewith will be fulfilled.
(h) When the decision of Council becomes final, Council shall immediately notify the Building Inspector in writing indicating the approval, approval with conditions (in which case the conditions shall be set out in detail) or denial.
If the decision of Council approves with conditions the requested waiver, the Building Inspector shall, if all other applicable Building Code and Zoning Code regulations have been complied with, issue an occupancy permit subject to any conditions imposed.
(Ord. 82-99. Passed 8-3-99.)