Sec. 11-1.56.02, 11-1.56.03, 11-1.56.05

Other

• Conditional useConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. permit required for alcohol sales

  A conditional use permit issued pursuant to Article 70 of the zoning ordinance of the city shall be required for the sale of alcoholic beverages for off-site or on-site consumption.

• Existing businesses are legal nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand.

  Any business which sells alcoholic beverages which existed prior to the adoption of the original Article [December 4, 1989], and which has not obtained a conditional use permit, shall be a legal nonconforming use as defined in Article 70 herein.

• Expansion or change requires conditional useConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. permit

  In the event that any legal nonconforming establishment expands or changes the type or quantity of alcoholic beverages for sale, such establishment shall be required to obtain conditional use permit approval.

• Distance measurement method

  The distances set forth in subsection (A) shall be measured between the nearest entrances used by patrons along the shortest route available for public passages from one business to another, or to the nearest property line of any of the above-referenced uses, whichever is shortest.

• Minimum distance from sensitive uses300 ft

  Any business selling alcoholic beverages for off-site or on-site consumption shall be located a minimum of 300 feet from schools, parks, public recreation areas and any other use determined to be a sensitive use by the community development director.

• Planning commission may modify distance requirements

  The planning commission may modify the distance requirements when granting a conditional use permit ... if findings are made regarding public safety, commercial vitality, and no detriment to surrounding properties.

• Planning commission may impose conditions

  In granting a conditional use permit ... the planning commission may impose specific conditions to mitigate the impact ... including, but not limited to, conditions to reduce noise impacts, prevent loitering, require graffiti removal, provide adequate lighting and prohibit pay phones.