(A) The Council may waive the prohibition in § 111.02 of this chapter if, after notice and a public hearing, the Council determines that enforcement of the prohibition in a particular instance:
(1) Is not in the best interest of the public;
(2) Constitutes waste or the inefficient use of land or other resources;
(3) Creates an undue hardship on an applicant;
(4) Does not serve its intended purpose;
(5) Is not effective or necessary; or
(6) For any other reason the Council, after consideration of the health, safety and welfare of the public and the equities of the situation, determines is in the best interest of the community.
(B) The Council may consider the written consent to a waiver under this section from each church, public school, public hospital, day care center or child care facility within 300 feet from the applicant’s proposed place of business filed by the applicant with the Assistant City Manager to be a sufficient justification for a waiver.
(C) To obtain a waiver under this section, an applicant must submit an application to the Assistant City Manager that contains the information required by the Assistant City Manager.
(Ord. 2010-03, passed 2-2-2010)