(a) If the Planning Commission denies the issuance of a license, it shall send to the applicant or licensee, by certified mail, return receipt requested, written notification of the denial.
(b) If the Planning Commission denies the issuance of a license based upon a provision of Section 785.13(a), the applicant or licensee whose application has been denied shall have the right to appeal to the Board of Zoning Appeals. An appeal accompanied by an application fee must be filed within thirty (30) days after receipt of the notice of denial. The Secretary of the Board of Zoning Appeals will place the appellantrequest on the Boardagenda for the next available meeting date.
(c) The Board of Zoning Appeals may waive the 1,000-foot separation regulation if all of the following findings are made:
(1) The proposed use will not be contrary to the public interest or injurious to nearby properties, and the spirit and intent of this chapter will be observed;
(2) The proposed use will not enlarge or encourage the development of a rowarea;
(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 this chapter have been observed.
(d) Prior to granting such regulated use, the Board shall give due notice of receipt of any application under such consideration (notice of application) to all persons to whom any real property within 1,000 feet of the premises in question shall be assessed; to the occupants of all single, two, three and four-family buildings; 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); to all places within 1,000 feet; and to any neighborhood improvement organization known to exist in the area which has informed the Board in writing of its existence. Such notice shall be delivered by mail addressed to the respective owners. If the tenantname is not known, the term may be used.
(e) The Board, upon consideration of the public response and the factors listed in subsection (c) hereof, may recommend the granting of such license and shall refer the matter to Council.
(f) Upon consideration of such matter and the standards set forth in this chapter, Council may order the granting of such license by the affirmative vote of not less than a majority of its members, whereupon the Building Inspector shall issue a license in accordance with such order. In considering such appeal and such recommendation, the Board and Council may require additional data from the applicant reasonably related to the factors to be considered in taking action thereon. In cases where the recommendation of the Board is unfavorable to grant the appeal, no approval shall be given or order for permit issued except upon the vote of five members of Council.
(Ord. 6-2001. Passed 4-12-01.)