(a) Upon petition of a governmental entity, Council, upon recommendation of the Planning Commission, may officially recognize that the governmental entity is immune from compliance with this Zoning Ordinance, or from compliance with other identified requirements prescribed by the ordinances of the City of Brook Park, for a particular proposed use or activity:
(1) If there exists a directly applicable State or Federal grant of immunity; or
(2) In the absence of a directly applicable State or Federal grant of immunity, upon consideration and balancing of all relevant factors including, but not limited to:
A. Whether the petitioner has made a reasonable attempt to comply with the Zoning Ordinance;
B. The impact of zoning compliance on the public purpose underlying the proposed use or activity;
C. The essential nature of the proposed use or activity;
D. The impact of the proposed use or activity upon surrounding property; and
E. The alternative locations available for the proposed use or activity.
(b) Immunity may be recognized pursuant to subsection (a)(2) hereof only after public hearing.
(Ord. 7863-1993. Passed 10-19-93.)