(A) Scope of regulations. In the development and execution of this chapter, it is recognized that there are some uses that, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby causing a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to insure that the adverse effects of these uses will not contribute to the deterioration of the surrounding neighborhood. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area; i.e., not more than two such uses within 1,000 feet of each other. The establishment of the following kinds of uses is prohibited if the establishment of any one of the following uses constitutes the third such use within a 1,000-foot radius.
(1) Adult book or supply store.
(2) Adult model studio.
(3) Adult motion picture arcade.
(4) Adult motion picture theater or adult live stage performing theater.
(5) Adult outdoor motion picture theater.
(6) Adult physical cultural establishment.
(7)
Bar/lounge/tavern.
(8) Boarding house or rooming house.
(9) Cabaret.
(10) Massage parlor or massage establishment.
(11) Pawn shop or collateral loan or exchange establishments.
(12) Public lodging house.
(13) Smoke shops.
(14) Specially designated distributor’s establishment.
(15) Specially designated merchant’s establishment.
(16) Hookah Lounge or Club.
(B) Application procedure. Application to establish any of the above regulated uses shall be made to the Zoning Administrator, who shall not approve any application if there are already in existence two or more regulated uses within a radius of 1,000 feet of the outermost boundaries of the lot upon which the proposed regulated use will be situated.
(C) Waivers. Upon denial of any application for a regulated use under division (B) of this section, the applicant may appeal for a waiver of the locational provisions above to the Zoning Board of Appeals consistent with the standards set forth below. The Board may waive the locational provisions set forth in division (B) of this section after all the following findings are made.
(1) Compliance with regulations. The proposed use will not be contrary to any other provision of this chapter, or injurious to nearby properties.
(2) Shall not enlarge district. The proposed use will not enlarge or encourage the development of a “skid row” or “strip.”
(3) Consistent with program. That the establishment of an additional regulated use will not be contrary to, or interfere with any program of urban renewal or neighborhood development.
(4) Consistent with law. That all applicable city, state, or federal laws and regulations will be observed.
(D) Procedure for waiver. Prior to granting a waiver of the locational restrictions set forth above, and not less than five nor more than 15 days before the request for waivers is considered or a public hearing held pursuant to this section, the Board shall publish, in a newspaper of general circulation in the city, one notice indicating that a request for waivers to establish a regulated use has been received, and shall send by mail or personal delivery a copy of that notice to the owners of the property for which waivers are being considered and to all persons to whom any real property is assessed within 300 feet of the boundary of the premises in question, and to the occupants of all structures within 300 feet. If the name of the occupant is not known, the term “occupant” may be used in making notification.
(1) Notification to manager. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each dwelling unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure.
(2) Notice contents.
(a) The notice of application shall do the following.
1. Inform the recipient of the applicant's name.
2. Describe the nature and type of use proposed.
3. Indicate the local address, the lot number and subdivision name of the property in question.
4. Provide the section of the zoning chapter under which the proposal is being processed.
(b) This notice shall also invite written comments, statements, or opinions, and indicate the place and date upon which written comments concerning the proposed use must be received.
(3) Hearing requests. The notice of application shall further indicate that a public hearing on the proposed regulated use may be requested by a property owner or occupant, no less than 18 years of age, of a structure located within 300 feet of the boundary of the property being considered for the regulated use. If the applicant or the Board requests a public hearing under this section, any interested person may be represented by a person, firm, organization, partnership, corporation, board or bureau.
(E) Establishment prohibited near schools and residential zones.
(1) Restrictions. It shall be unlawful to hereafter establish any regulated use if the proposed regulated use will be within a 300-foot radius of a residentially-zoned district, or within a 500-foot radius of any nursery, primary, or secondary school. This prohibition relative to the establishment of a regulated use near residentially-zoned districts shall be waived upon the presentment to the Zoning Board of Appeals of a validated petition requesting the waiver, signed by at least 51% of all those persons owning, residing, or doing business within 300 feet of the proposed location. No waivers shall be given to permit a regulated use to locate within a 500-foot radius of any nursery, primary, or secondary school.
(2) Petitions for waiver. The Zoning Administrator shall adopt rules and regulations governing the procedure for securing any petition of waiver, which may be provided for this section. The rules shall provide that the circulator of the petition requesting a waiver shall be over 18 years, and subscribe to an affidavit attesting to the fact that the petition was circulated in accordance with those rules, and that the circulator personally witnessed the signatures on the petition, and that the same were affixed to the petition by the persons whose names appeared thereon.
(3) Filing of waiver. The Board of Appeals shall not consider the waiver of locational requirements until the above described petition, if required, shall have been filed and verified by the Zoning Administrator.
(4) Conditions of approval. Prior to the granting of approval for the establishment of any regulated use, the Board of Appeals may impose any conditions or limitations upon the establishment, location, construction, maintenance, or operation of the regulated use as in its judgment may be necessary for the protection of the public interest. Any evidence, bond, or other performance and guarantee may be required as proof that the conditions stipulated in connection therewith will be fulfilled.
(Ord. 92-005, passed 2-17-92; Am. Ord. 96-01, passed 1-15-96; Am. Ord. 97-001, passed 4-7-97
; Am. Ord. 08-004, passed 11-5-07; Am. Ord. 10-011, passed 10-26-09; Am. Ord. 20-003, passed 7-6-20)
Penalty, see § 154.999