No license under this chapter shall be issued to any location which is within a 300-foot
radius of a property line of a private residence; however, if the license review board,
if appeal is filed, at a public hearing shall determine that the property values of
the residence or residences will not be affected, that the quiet enjoyment of the
premises by the residents thereof shall not be adversely affected, and that the grant
of such license shall have no other adverse effect on the residents, the license review
board or the board of commissioners may waive this provision of this section by granting
a distance waiver. A distance waiver remains in effect for any alcoholic beverage
license for that location provided that the establishment does not cease operation
for 12 or more months, and the business activity does not change. This section shall
not apply to residences located within commercial zones. The distance requirements
from residences sited in this section do not apply to any residentially used structures
that are contained in the PVC, RRC, UVC, and ROD zoning categories. The distance requirements
in this section do not apply to structures that develop in accordance with the Mableton
form-based redevelopment district. Wholesalers and distributors are exempt from this
section.
(Ord. of 8-14-73, art. II, § 9; Ord. of 1-24-78, § 1; Ord. of 4-14-87; Ord. of 10-24-89,
§ I; Ord. of 5-11-93; Code 1977, § 3-4-23; Amd. of 7-28-15; Amd. of 7-26-16; Amd.
of 7-25-17)
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