(A) Beer and wine for off-premises consumption only. The sale of beer and wine is permitted only in a zoning district where retail sales are allowed. The minimum distance between retail stores that offer the sale of beer and wine for off-premises consumption and the following uses are:
(1) Schools (public and private): 300 feet. As allowed by state law, a school may petition for 1,000 feet. All measurements of distances are as provided for in state law (property line to property line and in a direct line across intersections). Daycares, universities, and colleges are not included in the definition of schools.
(2) Churches: 300 feet. All measurements of distances are as provided for in state law (along the property lines of the street fronts and from front door to front door, and in a direct line across intersections).
(3) Hospitals: 300 feet. All measurements of distances are as provided for in state law (along the property lines of the street fronts and from front door to front door, and in a direct line across intersections).
(B) The Board of Commissioners may allow a variance to this section if it determines that the enforcement of the regulation in a particular instance is not in the best interests of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on the applicant for a license or permit, does not serve its intended purpose, or is not effective or necessary or for any other reason the Board of Commissioners determines, after consideration of the health, safety and welfare of the public and the equities of the situation that the variance is in the best interest of the community.
(C) The term "PRIVATE SCHOOL", including a parochial school, means a school offering a course of instruction for students in one or more grades from kindergarten through grade 12 and has more than 25 students enrolled and attending courses at a single location.
(Ord. 744, passed 12-17-07; Am. Ord. 984, passed 11-16-20) Penalty, see § 117.99