Applications to establish any of the above regulated uses shall be forwarded immediately by the Building Commissioner to the Planning and Zoning Commission.
(a) The prohibition against locating any of the above regulated uses within 1,000 feet of the residentially zoned district shall be waived upon the presentment, to the Planning and Zoning Commission, of a validated petition requesting such waiver, signed by fifty-one percent (51%) of those persons owning, residing, operating a business establishment within 1,000 feet of the nearest property line of the proposed location. The circulator of the petition requesting a waiver shall subscribe to an affidavit attesting to the fact that the petition that the circulator personally witnessed the signatures on the petition and that the same were affixed to the petition by the person whose name appears thereon. The Commission shall not consider the waiver of the requirements set forth in subsection (b) hereof until the above-described petition, if required, shall have been filed and verified.
(b) The Commission may waive the 1,000 feet separation regulation if the following findings are made:
(1) The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this title will be observed;
(2) The proposed use will not enlarge or encourage the development of a “skid row” area;
(3) The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal; and
(4) All applicable regulations of the title will be observed.
(c) Prior to granting such regulated use, the Commission shall give due notice of receipt of any application under consideration (Notice of Application) to all persons to whom any real property within 1,000 feet of the premises in question shall be assessed, and to the occupants of all single, two, three, and four family buildings and to the managers of all multi-unit buildings over four families (who shall be requested to post such notice in an appropriate location within the multi-unit building) and to all places within 1,000 feet, and to any neighborhood improvement organizations known to exist in the area (who have informed the Commission in writing of their existence). Such notice shall be delivered personally or by mail addressed to the respective owners and if the tenant’s name is not known, the term “occupant” may be used.
(d) The notice of application shall inform the recipient of the applicant’s name, the applicant’s proposal, the local address and the lot number and subdivision name of the premises in question, and the section of the zoning ordinance under which the proposal is being processed. Such notice shall also invite the expression of comments, statements or opinions either in writing, in person or via telephone with a time period expiring not less than fourteen days from the mailing date of such notice.
(e) Subsequent to the deadline for response to the notice of application, a decision shall be made by the Commission (taking into consideration the comments, statements and opinions expressed) to either approve, approve with conditions or deny the proposal in accordance with the standards set forth in this section. If no protests to the proposal were received by the Commission response to the notice of application having been mailed, this decision shall not take effect until the expiration of the appeal period set forth below.
(f) A copy of the decision of the Commission shall be mailed to the applicant and to all persons responding to the notice of application.
(g) In approving a permit for any regulated use the Commission may impose any such conditions of limitations upon the establishment, location, construction, maintenance or operation of the regulated use as may in its judgment be necessary for 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.
(h) When the decision of the Commission becomes effective, the Commission shall immediately notify the Building Commissioner in writing indicating the Commission’s approval, approval with conditions (in which case the conditions shall be set out in detail) or denial.
If the decision of the Commission approves, or approves with conditions, the requested waiver, the Building Commissioner shall, if all other applicable building code and zoning code regulations have been complied with, issue an occupancy permit subject to any conditions imposed by the Planning and Zoning Commission.
(Ord. 2001-23. Passed 7-11-01.)