(a) If not excluded by Section 1135.02(a), or within the exception of Section 1135.02(c), the location for this use must be specifically approved by the Board of Zoning Appeals and confirmed by Council. The proceedings before the Board shall be a public hearing as provided in Section 1123.06. If approved, subject to the provisions hereinafter provided, the owner or operator of a night club, tavern, hotel or restaurant shall be permitted to sell or serve spirituous liquor, wine or beer at retail, by the individual drink in glass or from container, for consumption on the premises where sold, only at tables or bars. It shall be a condition of the granting of the permission herein provided for that provisions be made for off-street parking facilities of not less than one motor vehicle parking space for each 125 square feet of the room or rooms used for service in such night club, tavern, hotel or restaurant.
(b) The location for this use shall not abut a U1 or U2 District unless effective screening shall be provided and maintained as may be required by the Board.
(c) This use shall be conditioned upon compliance with the provisions herein and upon adherence to such further conditions as Council may recommend and establish at the time of approving this specific use in pursuance of the public health, safety and welfare; such use shall not have an adverse effect on the use of adjoining property.
(d) In the event an existing business is required to give up its established location due to conditions beyond the control of the operators thereof, such business may be permitted to relocate within the City under the following conditions:
(1) If the proposed new location for such business is within the 500-foot limitation provided in Section 1135.02
(a), application shall be made for permission to relocate therein to the Board, who shall set a hearing with not less than ten days' notice by registered mail to the affected organization or organizations within 500 feet as the case may be, after first satisfying itself of the existence of conditions beyond the control of the operator of such business or its successor or of the other conditions referred to herein. A hearing shall be dispensed with if a waiver is presented to such relocation from the affected organization or organizations duly executed by the proper officers thereof. The approval of such relocation by the Board of Zoning Appeals shall be subject to the off-street parking requirements and the provisions of subsections (b) and (c) hereof, not including a hearing before Council.
(2) If such relocation is more than 500 feet from an organization referred to in Section 1135.02
(a), such business may relocate after satisfying the Board of the existence of conditions beyond the control of the operator.
(e) The following conditions shall be considered by the Board as examples in construing subsection (d) hereof:
(1) Fire, making the existing premises untenable.
(2) Destruction of premises by acts of God such as tornados, storms or floods. Relocation of a business operator from rented premises to such as are owned by fee title by the owner or some member of his family, not extending beyond uncles and aunts in relationship.
(3) Destruction of tenancy by excessive increase in rentals by the owner of the premises.
(f) An existing business selling spirituous liquor, wine or beer in retail by the individual drink in glass or from container for consumption on the premises where sold, may extend its license within the classes of licenses issued by the State Department of Liquor Control without reference to the provisions of this Planning and Zoning Code.
(Ord. 121-1962. Passed 12-17-62.)