§ 155.218  THEATERS, ASSEMBLY HALLS, CONCERT HALLS, CLUBS AND SIMILAR ORGANIZATIONS.
   (A)   Locations restrictions.  It shall be unlawful for a theater, assembly hall, concert hall, club, or similar organization to be established within a 300-foot radius of any residentially zoned district or residential development.  This prohibition relative to the establishment of the uses shall be waived upon the presentment to the City Council of a validated petition requesting the waiver.  The petition shall be signed by 51% or more of those persons owning, residing, and doing business within 300 feet of the proposed use.
   (B)   The circulator of the petition shall:
      (1)   Circulate the petition on a notarized form provided by the city;
      (2)   Declare and affirm to have personally witnessed the signatures on the petition; and
      (3)   Declare and affirm that the same were affixed to the petition by the person whose name appeared thereon.
   (C)   The City Council shall not consider the waiver of location requirements until the petition has been filed by the Community Development Department and verified by the Police Department.
   (D)   Return the petition to the Planning Division for processing and filing with the City Clerk.
(Ord. 838, passed 8-15-11)