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(2) <br /> <br />(3) <br /> <br />(4) <br /> <br /> (C) That the lot upon which the proposed use would be located is <br /> not within 1,000 feet of a lot containing a Church, elementary, <br /> intermediate, or secondary school, college, junior college, or <br /> university. <br /> (D) That the lot upon which the proposed use would be located is <br /> not within 1,000 feet of another use regulated by this Section. <br /> (E) And, that notices of the public hearing required by Section <br /> 1173.02 is sent to the owners of all properUes and, if not owner <br /> occupied, the occupants of all properties, within 1,000 feet of <br /> the proposed use, including the occupants of all single-, two-, <br /> three-, and multi-family dwellings; in addition to the notice <br /> requirements of subsection 1173.02(c), the notice required <br /> herein shall include: <br /> (i) the name and address of the applicant, including the <br /> na roes of the officers of any corporate applicant; <br /> (ii) the permanent parcel number and local address of the <br /> site of the proposed conditional use; <br /> (iii)a citation to the regulations in this Section of the <br /> and <br /> (iv) language indicating that the recipient may, in lieu of <br /> attending the regular public meeting, submit written <br /> comments to the Board, through its Secretary, prior tothe <br /> regular public meeting. <br />The prohibition against locating any of the above-regulated uses within <br />150 feet of a residentially zoned district may be waived upon <br />presentment to the Board of a validated petition requesting such <br />waiver, signed by fifty-one percent (51%) of those persons owning, <br />residing, or operating a business establishment within 150 feet of the <br />nearest property Pine of the lot upon which the proposed conditional <br />use would be located. <br />Said petition shall be on forms provided by the Board and secured in <br />accordance with the rules and regulations governing the procedure for <br />securing the petition of consent, adopted by the Board. The circulator <br />of the petition requesting a waiver shall subscribe to an affidavit <br />attesting to the fact that the petition was circulated in accordance with <br />the Board's rules and that the circulator personally witnessed the <br />signatures on the petition and that the same were affixed to the <br />petition by the person whose name appears thereon. <br />The Board shall not consider the waiver of the Iocational requirements <br />set forth in paragraph (1) of this subsection (c) until the above- <br />described petition shall have been filed and verified. <br />The Board may waive the 1,000 feet use separation regulation if the <br />following .findings are made: <br />(A) That the proposed use will not' be contrary to the public interest <br /> or injurious to nearby properties, and that the spirit and intent of <br /> this title will be observed. <br /> That the propOsed use will not enlarge or encourage the <br /> development of a "blighted" or "deteriorated" area. <br /> That the establishment of an additional regulated use in the area <br /> will not be contrary to any program of neighborhood <br /> conservation nor will it interfere with any program of urban <br /> renewal or development for the area, <br /> That the proposed use is consistent with any development plan <br /> for the area and the "Lakewood Community Vision." <br /> That all applicable regulations of this title will be Observed. <br /> <br />(B) <br /> <br />(C) <br /> <br />(D) <br /> <br />(E) <br /> <br />Page 8 of 17 <br /> <br /> <br />