(EDITOR'S NOTE: This section, previously amended by Ordinance 8400-1997, passed January 27, 1998, was challenged and defeated by referendum vote on November 3, 1998. The previous version of this section, as adopted by Ordinance 8210-1996, passed May 21, 1996, was therefore reinstated.)
(a) Applications to establish any type of establishment defined as "adult entertainment" in Section 1121.021, establishments for the sale of beer or intoxicating liquor for consumption on the premises, hotels and motels, pawnshops, pool or billiard halls and secondhand stores shall be made to the Planning Commission, which shall not approve any such request if there is already in existence one or more such regulated uses within 1,000 feet of the boundaries of the site of the proposed regulated use, except as provided for in subsection (b) hereof.
(b) The Planning Commission may waive the locational limitation provided in subsection (a) hereof for adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, establishments for the sale of intoxicating liquor for consumption on the premises, hotels and motels, pawnshops, pool or billiard halls and second-hand stores, if the following findings are made:
(1) That the proposed use shall not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section shall be observed.
(2) That the proposed use shall not enlarge or encourage the development of a skid row area.
(3) That the establishment of an additional regulated use in the area shall not be contrary to any program of neighborhood conservation, nor interfere with any program of urban renewal.
(4) That all applicable regulations of this section shall be observed.
A. Prior to granting such regulated use, the Planning Commission shall give due notice of receipt of any application under consideration (notice of application) to all persons to whom any real property within 300 feet of the premises in question shall be assessed, to the occupants of all single, two, three and four-family buildings, 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 of business within 300 feet thereof. Such notice shall be delivered personally or by mail, addressed to the respective owners, and, if the tenant's name is not known, the name "occupant" may be used.
B. The notice of application shall inform the recipient of the applicant's name, the applicant's proposal, the local address and lot number and the subdivision name of the premises in question, and the section of the Zoning Ordinance under which the proposal is being processed. Such notice shall also invite the expression of comments, statements or opinions, either in writing, in person or by telephone, within a time period expiring not less than fourteen calendar days within the mailing date of such notice.
C. Subsequent to the deadline for response to the notice of application, a decision shall be made by the Planning Commission, taking into consideration the comments, statements and opinions expressed, to either approve, approve with conditions, or deny, the proposal in accordance with the standards set forth in this section. If no protest to the proposal was received by the Planning Commission, in response to the notice of application having been mailed, and if the applicant accepts a decision of the Planning Commission, this decision shall be deemed final and shall take immediate effect. If, however, a protest was received by the Planning Commission in response to the notice of application having been mailed, this section shall not take effect until the expiration of the appeal period set forth below.
D. A copy of the decision of the Planning Commission shall be mailed to the applicant and to all persons responding to the notice of application. Within fourteen calendar days after the Planning Commission has mailed a copy of the decision, the applicant or any person owning property, residing or doing business within 300 feet of the premises in question has the right to appeal such decision by filing a written protest with the Planning Commission.
E. If a written protest is filed with the Planning Commission within fourteen calendar days, the decision of the Planning Commission shall not take effect, and the written protest, together with the original application and the entire petition file, shall be referred by the Planning Commission to Council for the scheduling of a public hearing and for further action. In addition, if a written protest was filed by a person other than the applicant or his or her representative, the community and the Planning Commission shall inform the applicant that a written protest has been received and that the original decision, therefore, shall not take effect and the matter has been referred to Council for public hearing and further action. It shall be the responsibility of the person or organization who or which files the written protest, or his, her or its representative, to attend the public hearing held by Council and to give proper testimony as to why the original decision of the Planning Commission shall not take effect. If, however, no written protest is filed with the Planning Commission within the fourteen calendar days, the original decision of the Planning Commission shall be deemed final and shall take effect.
(c) Council may waive the locational requirements for any of the regulated uses set forth in this section, upon appeal, if the findings required in paragraphs (b)(1) through (4) hereof can be made after receiving a report and recommendation from the Planning Commission.
(d) No person shall hereafter establish any adult bookstore, adult picture theater, adult mini-motion picture theater, adult entertainment establishment, or any establishment offering live go-go-dancing performances, in a U-3-A-3, U-3-A-4, U-3-A-5, U-4, U-5 or U-6 zoned district if the proposed location is within 500 feet of a residentially zoned district. This prohibition may be waived upon the presentment to the Planning Commission of a validated petition requesting such waiver signed by fifty-one percent of those persons owning, residing or doing business within 500 feet of the proposed location.
(1) The Planning Commission shall adopt rules and regulations governing the procedure for securing the petition of consent provided for in this subsection. The rules shall provide that the circulator of the petition requesting a waiver shall subscribe to an affidavit attesting to the fact that the petition was circulated in accordance with the rules of the Planning Commission and that the circulator personally witnessed the signatures on the petition and that the same were affixed to the petition by the person whose name appeared thereon.
(2) The Planning Commission shall not consider the waiver of the locational requirements set forth in subsections (a) through (d) hereof until the above-described petition, if required, shall have been filed and verified.
(e) Prior to the granting of a permit for any regulated use, the Planning Commission 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 or guarantee may be required as proof that the conditions stipulated in connection therewith shall be fulfilled.