Section 25.05.050 Appeal provisions.

1. The city council of the City of Sioux City, Iowa, shall have the power to vary or modify the application of any provision of this ordinance upon its determination in its absolute legislative discretion that such variance or modification is consistent with the spirit of the review and revision of the zoning ordinance and "Plan" and with the health, safety, morals, and general welfare of the City. Consistent means that in the determination of the Council, the review and revision of the zoning ordinance and "Plan" does not contemplate for that particular use for which a variance or modification is requested any change of regulation or scope of control or that such use meets or exceeds any potential regulations arising from the review and revision processes and proceedings.

2. Upon receipt of any application for a building permit or certificate of occupancy in any of the areas set forth in section 25.05.030, where the proposed use is an adult entertainment business, the official receiving the same shall immediately forward a request to the City planning department for a recommendation concerning the issuance of the building permit, which recommendation shall be forwarded to the city council for appropriate action in accordance with the preceding paragraph.

3. Upon receipt of an application for site plan approval or to rezone land in any areas set forth in section 25.05.030, where the proposed use is an adult entertainment business, the City planning department shall forward a recommendation to the city council for appropriate action in accordance with subparagraph (a) herein. (Ord. 2003-0953)