§ 9-118. Granting or refusal of permit

Said issuing officer shall have the power to grant or deny a permit. Except as otherwise provided in this title, all special permits required by this title shall be issued by the issuing officer wherein any pertinent evidence shall be received and considered by the issuing officer in determining, in accordance with the following principles, whether such a permit should be granted or denied. Upon receipt of an application for a permit under this title, the same shall be referred by the director of finance to the appropriate agencies for investigation and report pertaining to relevant zoning, building, health, safety, fire law enforcement and other factors and upon receipt of said reports, the matter shall be reviewed by the issuing officer. At this time, the issuing officer shall consider and review all reports and any relevant material evidence.

If a permit be denied, the permit fee shall not be refunded.

The issuing officer or the city council, as the case may be, shall have the right to refuse to grant any permit if it determines that the granting of the same or the conduct of the business will be contrary to the preservation of the public peace, health, safety, or welfare of the city or its inhabitants. In addition, no permit shall be granted if:

(a) The granting of the permit would result in the establishment of the use or occupancy of land in violation of the zoning ordinance, zoning law or zoning map of the city;

(b) The granting of the permit would result in an occupancy or use in violation of any other provision or regulation of this Code;

(c) The granting of the permit would be contrary to any other standards or provisions of this title applicable thereto;

(d) The granting of the permit or occupancy or use pursuant thereto would result in the creation or maintenance of a public nuisance;

(e) The granting of the permit by reason of special or unusual circumstances would be detrimental to the public interest or endanger the public health, safety, or welfare;

(f) The applicant therefor is a person unfit to be trusted with the privileges granted by such a permit and it is in the public interest that he not be granted such a permit;

(g) The applicant therefor has knowingly made a false statement on a material matter in his application or in his testimony before the issuing officer or city council and it is, therefore, in the public interest that he not be granted such a permit.

In granting any such permit, the issuing officer or city council, as the case may be, may in the application of the aforementioned standards and principles, and in order to protect the public peace, health, safety, and welfare impose reasonable conditions or regulations pertaining to the conducting of such business or the occupancy or use of any land or building in connection therewith in addition to, but not limited thereby, those regulations contained in this chapter where necessary, in order to protect the public health, safety, peace, and welfare.

(Ord. No. 74-69, § 2, 1-7-75)