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J 4 <br /> Page 2 . <br /> Councilman Puzzello noted that the 1 , 000 foot restriction is measured <br /> as the "crow flle`s",and that restaurants in the 4th district would have to <br /> be able to serve beer or wine if they were to be successful . Councilman <br /> Serge expressed comments that business operations who wish to upgrade their <br /> facilities should not be penalized for such improvements . <br /> Mr. Hill noted that the negative impact and the blight to a residential <br /> area should be considered when reviewing the ordinance. Such things as <br /> hours of operation, parking requirements , etc. are all important factors. If <br /> the BZA approach would be used for reviewing exceptional cases such <br /> standards as the following might be considered: that the operation is not <br /> injurious to public health and safety, that it does not have an adverse effect <br /> on the neighborhood, that it would not encourage blight , and that it is not <br /> contrary to existing programs of the neighborhood, He noted that the BZA <br /> would not be open to any greater liability if such a procedure was used since <br /> their findings would have to be based on proper evidence. The Council Attorney <br /> noted that the 1 , 000 foot restriction was incorporated into our local ordinance <br /> because this footage restriction had been upheld by the U . S , Supreme Court <br /> as being reasonable. <br /> Councilman Braboy suggested that businesses should be able to modernize <br /> and upgrade their facilities for economic development purposes. <br /> Mr. Orfanos , a local attorney noted that in his opinion businesses who <br /> were in .existence prior to the establishment of the controlled use ordinance <br /> were allowed to expand by 1/3 of the existing use. Mr. Hill stated that the <br /> non-conforming use provisions would not apply. <br /> Councilman Zakrzewski expressed concern about reviewing exceptional <br /> cases through the BZA. He hoped that the door would not be opened too wide <br /> before problems would be created. In response to his question, he was <br /> informed that the Building Department and City Attorney ' s office is charged <br /> with over--seeing the enforcement of the ordinance. <br /> Councilman Braboytak.ed everyone for their participation and requested <br /> that groups contact the Council as to their position on the controlled use <br /> ordinance. She requested a written update from the legal department within <br /> two to three weeks. It was also suggested that model legislation in other <br /> cities be procured by the attorneys for review. <br /> Councilman Beck also suggested that Mr. Divjak and Mr. Quigley be <br /> specifically notified of this informational meeting and request them for input . <br /> There being no further business to come before the Committee, the meeting <br /> was adjourned at 5 :20 p.m. <br /> Respectfully submitted, <br /> Eugenia Braboy , Chairman <br /> ***Ordinance No. 609-76 was passed on December 13 , 1976 . <br />