860.05   EXPANSION AND DISCONTINUANCE OF USE.
   (a)   Once established, a regulated use shall not be expanded in any manner without first applying for and receiving the approval of the Planning Commission.
   (b)   If a regulated use is discontinued and events cause the area to not be available for the location of a regulated use, the use may not be reestablished without applying for and receiving the approval of the Planning Commission.
   (c)   Approval of the Planning Commission required by this section shall be pursuant to the following procedures:
      (1)   The Zoning Administrator will serve notice on all owners and occupiers of all property within 300 feet of the proposed use.
      (2)   Said notice will give a minimum of thirty days from the mailing of the notice until the Planning Commission hearing on the matter.
      (3)   Said notice will include a postcard addressed to the City, containing space for stating approval or disapproval of the proposed regulated use and including space for commentary.
      (4)   The total number of postcards or other written responses returned prior to the hearing will be tallied. The votes yea and nay will also be tallied. The votes will be considered as evidence in the Planning Commission decision.
   (d)   Approval of the Planning Commission required by this section shall be pursuant to the following standards:
      (1)   That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this chapter will be observed.
      (2)   That the proposed use will not enlarge or encourage the development of a blighted area in its immediate surrounds
      (3)   That the establishment of a regulated use, or an additional regulated use, in the area will not be contrary to any neighborhood conservation, nor will it interfere with any urban renewal.
      (4)   That all applicable State laws and local ordinances will be observed.
(Ord. 133. Passed 7-22-96.)