Application to establish any of the above-regulated uses shall be forwarded immediately by the Building Commissioner to the Planning Commission.
(a) The Planning Commission may waive the 1,000 feet separation regulation if the following findings are made:
(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 "skid row" area.
(3) That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation and will not interfere with any program of urban renewal.
(b) Prior to granting such regulated use, the Planning 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 (2); three (3); and four (4) family buildings and to the managers of all multi-unit buildings over four (4) 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 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.
(c) 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.
(d) Subsequent to the deadline for response to the notice of application, a decision shall be made by the Planning 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 Planning Commission response to the notice of application having been mailed and if the applicant accepts the decision of the Planning Commission this decision shall be deemed final and shall take immediate effect. If, however, a protest was received by the Planning Commission in 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.
(e) A copy of the decision of the Planning Commission shall be mailed to the applicant and to all persons responding to the notice of application. Any person aggrieved by the decision by the Planning Commission may within fourteen calendar days after the mailing of such decision, appeal same to the Board of Zoning Appeals in accordance with the procedural regulations set forth in Chapter 1335. If an appeal is filed by other than the applicant the Planning Commission shall inform the applicant that an appeal has been filed and that the Commission's decision will not take effect pending a public hearing and decision by the Board of Zoning Appeals.
(f) The Board may waive the locational requirements upon appeal, of any of the regulated uses if the findings required in subsection (b) hereof can be made and after receiving a report and recommendation from the Planning Commission.
(g) In approving a permit for any regulated use the Planning Commission or the Board of Zoning Appeals may impose any such conditions or 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 condition stipulated in connection wherewith will be fulfilled.
(h) When the decision of the Planning Commission becomes effective, whether because no protests to the proposal were received by the Commission in response to the notice of applications or because no appeal was taken to the Board of Zoning Appeal within the allotted fourteen (14) calendar days, 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 Ordinance regulations have been compiled with, issue an occupancy permit subject to any conditions imposed by the Planning Commission.
(Ord. 2003-34. Passed 6-23-03.)