Applications must be submitted to the Planning Commission for following procedures and requirements:
(A) Location restriction. The City Council, upon recommendation of the Planning Commission, shall not approve any such request if there is already in existence one such regulated use within a 1,000-foot radius of the property line of the site of the proposed regulated use, excepting as provided for below.
(B) Waiver of location restriction. The City Council may waive the location restrictions set forth herein for enumerated regulated uses, except adult uses and bars, provided all of the following findings are made:
(1) That the proposed use will not be contrary to the public interest or interfere with the use and enjoyment of nearby properties, and that the spirit and intent of this chapter will be observed.
(2) That the proposed use will not enlarge or encourage the development of a blighted area.
(3) That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conversation or interfere with any program of urban renewal.
(4) That regulations of this chapter and city, county, state and federal codes will be observed.
(C) Public hearing. The following uses shall be permitted, subject to the conditions set forth in this subchapter and all applicable codes and ordinances set forth in this chapter and other codes and regulations hereinafter imposed for each use. The following uses are subject further to the review and approval of the Planning Commission per standards set forth in this chapter:
Prior to granting waiver of the location restrictions set forth above, and not less than 15 days before the request for waivers is considered or a public hearing held pursuant to this division, the City Council shall publish, in a newspaper of general circulation in the city, a notice that a request for waivers to establish a regulated use has been received. This notice shall follow the requirements of § 155.291, Public hearing notification requirements, for special condition uses.
(D) Required petition.
(1) 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, residential development, or within a 1,000- foot radius of any church or primary, secondary, or nursery school. This prohibition relative to the establishment of a regulated use near residentially zoned districts shall be waived upon the presentment to the City Council of a validated petition requesting such waiver, signed by 51% of those persons owning, residing, and doing business within 300 feet of the proposed location. No waiver shall be given to permit a regulated use to locate within 1,000-foot radius of any primary, secondary, or nursery school. The City Council shall adopt rules and regulations governing the procedure for securing any petition of consent, which may be provided for in this section of the chapter. The rules shall provide that the circulator of the petition circulate such petition in accordance with said 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 appeared thereon. The City Council shall not consider the waiver of location requirement until the above-described petition, if required, shall have been filed and verified.
(2) Exception: Liquor may be served for consumption on the premises at a standard restaurant provided that such a use is accessory to the principal use of the business and that the bar area where patrons are served does not exceed 20% of the total public area of the building. If the above uses do not exceed 20% of the total public area of the building, a petition requiring 51% of persons owning, residing or doing business within 300 feet of the proposed location is not required. No waivers shall be given to permit a regulated use to locate within a 300 foot radius of any nursery, primary or secondary school. However, waivers may be given to allow above uses serving beer, wine or liquor for consumption on the premises to locate within 300 feet of a nursery or primary school if separated by a major thoroughfare comprised of four or more lanes of traffic.
(E) Condition and limitations. Prior to the granting of approval for the establishment of any regulated use, the City Council may impose any such conditions or limitations upon the establishment, location, construction maintenance, or operation of the regulated use as may be, in its judgment, necessary of the protection of the public interest. Any evidence and guarantee may be required as proof that the conditions stipulated in connection therewith will be fulfilled.
(Ord. 792, passed 12-3-01; Am. Ord. 823, passed 5-4-09)