1262.12  LICENSING PERMITS.
   (a)   A licensing permit shall be defined as a limited use permit which does not grant any property right beyond the limited permit period.
   (b)   Licensing permits shall be required for certain prohibited main uses, which use while prohibited and in derogation of the Zoning Code, may under certain circumstances be permitted for a limited period of time, not to exceed two years in the following districts only:  All Industrial and Business Districts.
   (c)   Licensing permit applications shall be submitted to the Building Commissioner for review and thereafter to the Planning Commission.  The Planning Commission shall hold a hearing thereon, notice of which shall be published in a newspaper of general circulation, and mailed to the owners of the property contiguous to and across the street from, or within 500 feet of, the parcel for which a licensing permit is requested at least 15 days before the hearing.  The Planning Commission shall take action upon such application within 60 days from the date of the public hearing on such application, unless a longer time is approved by the Commission and applicant. 
   (d)   Conditions and standards.  An application for a licensing permit shall not be approved unless all the following conditions and standards are complied with as set forth:
      (1)   Applicant provides an affidavit acknowledging that the proposed use is prohibited pursuant to the Zoning Code and further acknowledges and waives any right, claim, interest, for the continued use after the licensing permit period.
      (2)   That the proposed use shall not extend, enlarge, expand or intensify from its approved operation without express modification of the licensing permit.
      (3)   Compliance with all federal, state and local regulations and permit processes.
      (4)   Planning Commission will consider the following factors:
         A.   The effect of the temporary use upon neighboring lands;
         B.   Whether the property is currently being used under an existing permitted use;
         C.   Whether the proposed use would create a nuisance;
         D.   Whether the proposed location and extent of the temporary use is properly located taking into consideration surrounding properties;
         E.   Whether the proposed licensed permit use would discourage the appropriate use and/or impair the value of surrounding properties;
         F.    Whether the proposed use would violate the noise, smoke, dust, odors, fumes, set back requirements or other standards of the district.
   (e)   Effective period.  The licensing permit shall become null and void if substantial use is not commenced within six months from Planning Commission approval. In any event no licensing permit shall be granted in excess of two years, unless an extension is granted by Planning Commission.
(Ord. 10-84.  Passed 10-19-10.)