It shall be unlawful to establish any permitted with approval use, except as hereinafter provided.
(A) Board of Trustees approval.
(1) Any person owning or having an interest in the subject property may file an application for a business license to use the property for any permitted with approval use provided for in this section of the zoning district in which the property is situated. The application shall be filed with the Finance Officer for submission to the Planning and Zoning Commission.
(2) Any applicant for a permitted with approval use must comply fully with all applicable provisions of this chapter.
(3) Upon receiving an application for a permitted with approval use, the Planning and Zoning Commission shall conduct field inspections, surveys and investigations; prepare maps, charts or other pictorial materials; hold necessary hearings; and otherwise process the application in order to arrive at a proper recommendation. The Planning and Zoning Commission shall then transmit the application for use subject to regulation, together with the Commission’s recommendation, to the Board of Trustees.
(4) The Board of Trustees shall give due notice of receipt of the application for the permitted with approval use and the Planning and Zoning Commission’s recommendation in a manner as is prescribed by law.
(5) At a public meeting a decision shall be made by the Board of Trustees to either approve, approve with conditions or deny the application in accordance with the provisions of this chapter.
(6) Upon approval or approval with conditions of the application by the Board of Trustees a business license shall be granted for the permitted with approval use. The license shall be a nontransferable license for the life of the use, and shall be issued upon approval or approval with conditions after payment of the license fee has been received in full.
(B) Approval standards.
(1) No permitted with approval use shall be established in any residential zoning district.
(2) No permitted with approval use shall be established within 1,300 feet of a pre-existing school or place of worship. Measurements shall be made from a point on the exterior wall of each structure located closest to the structure to or from which the measurement is to be established.
(3) No permitted with approval use shall be established within 1,300 feet of any residentially zoned district. Measurement shall be made from a point on the exterior wall which is closest to the boundary line of the residentially zoned district.
(4) No permitted with approval use shall be approved unless all of the following findings are made:
(a) That the establishment, maintenance, location and operation of the permitted with approval use will not be detrimental to or endanger the public health, safety, comfort or general welfare;
(b) That the permitted with approval use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose permitted nor substantially diminish or impair property values within the neighborhood;
(c) That the establishment of the permitted with approval use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in that district;
(d) That the permitted with approval use will not be operated in any manner that permits the observation of any material depicting or describing “specified sexual activities” or “specified anatomical areas” from any public way or from any other property. This provision shall apply to any display, decoration, sign, show window or other opening;
(e) That adequate utilities, access roads, drainage and other necessary facilities have been or will be provided;
(f) That adequate measures have been or will be taken to provide ingress and egress designed so as to minimize traffic congestion in the public streets; and
(g) That the permitted with approval use will in all other respects conform to the applicable requirements of the zoning district in which it is located.
(5) Prior to granting approval of any permitted with approval use, the Board of Trustees may modify any existing requirements or may impose any additional conditions or limitations upon the establishment, location, construction, maintenance or operation of permitted with approval use as may in its judgment be necessary for the protection of the public interest and to secure compliance with the standards specified above. The Board of Trustees may require evidence and guarantees as it deems necessary as proof that the conditions stipulated in connection therewith are being, and will be, fulfilled.
(6) In any case where a permitted with approval use which has not been established within three months after the granting of a license therefore, then without further action by the Board of Trustees, the permitted with approval use license shall be null and void.
(Ord. 10.018, passed 3-20-2001) Penalty, see § 10.99