Applications to establish any of the regulated uses shall be forwarded immediately by the Building Commissioner to the Planning Commission.
(a) The prohibition against locating any of the regulated uses set forth in Section 1272.02 within 5,000 feet of a residentially zoned district shall be waived upon the presentment to the Village Council of a validated petition requesting such waiver, signed by fifty-five percent of those persons owning, residing or operating a business establishment within 5,000 feet of the nearest property line of the proposed location. Said petition shall be on forms provided by the Village Council and secured in accordance with the rules and regulations governing the procedure for securing the petition of consent adopted by the Village Council. 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 Village Council's rules 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 appears thereon. The Village Council shall not consider the waiver of the location requirements set forth in Section 1252.03 until the above-described petition, if required, shall have been filed and verified.
(b) The Village Council may waive the 5,000 feet separation regulation if the following findings are made:
(1) The proposed use will not be contrary to the public interest or injurious to nearby properties, and the spirit and intent of this chapter will be observed;
(2) The proposed use will not enlarge or encourage the development of a skid row area;
(3) 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; and
(4) All applicable provisions of this chapter will be observed.
(c) Prior to granting such regulated use, Village Council shall give due notice of receipt of any application under consideration (notice of application) to all persons to whom any real property within 5,000 feet of the premises in question shall be assessed, and 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 5,000 feet and to any neighborhood improvement organizations known to exist in the area (who have informed the Village Council in writing of their existence). Such notice shall be delivered personally or by mail addressed to the respective owners and/or tenants, and if the tenant's name is not known, the term "occupant" may be used.
(d) The notice of application shall inform the recipient of the applicant's name, the applicant's proposal, the local address, the lot number, the subdivision name of the premises in question and the section of this Zoning Code 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 via telephone, within a time period expiring not less than fourteen days from the mailing date of such notice.
(e) Subsequent to the deadline for response to the notice of application, a decision shall be made by the Village Council (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.
(f) In approving a permit for any regulated use the Village 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 conditions stipulated in connection therewith will be fulfilled.
(g) When the decision of the Village Council becomes effective, the Village Council shall immediately notify the Building Commissioner in writing indicating the Village Council's approval, approval with conditions (in which case the conditions shall be set out in detail) or denial. If the decision of the Village Council approves or approves with conditions the requested waiver, the Building Commissioner shall, if all other applicable Building and Housing Code and Zoning Code provisions have been complied with, issue an occupancy permit subject to any conditions imposed by the Village Council.
(Ord. 1996-127. Passed 9-11-96.)