(a) Conditional Use Standards. No application for a conditional use permit shall be approved by Council or recommended for approval by the Planning Commission unless Council, or the Commission, as applicable, specifically finds the proposed conditional use (subject to such restrictions and conditions as are within the respective discretion of the Planning Commission to recommend or Council to impose) appropriate in the location for which it is proposed based upon the following criteria:
(1) The proposed use at the proposed location shall be in harmony with the general purpose, goals, objectives and standards of the Brook Park Master Plan, this Zoning Ordinance, or any other plan, program, map, or ordinance adopted, or under consideration pursuant to official notice, by the City of Brook Park.
(2) The proposed use at the proposed location shall not result in a substantial or undue adverse effect on adjacent property, the character of the vicinity of the proposed use, traffic conditions, parking, public improvements, public sites or rights-of-way, or other matters affecting the public health, safety, convenience, comfort, prosperity and general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of provisions and policy of the Brook Park Master Plan, this Zoning Ordinance, or any other plan, program, map or ordinance adopted, or under consideration pursuant to official notice, by the City of Brook Park.
(3) The proposed use at the proposed location shall be served adequately by, and shall not impose an undue burden on, essential public facilities and services such as highways, streets, parking, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools.
(4) The proposed use at the proposed location shall not be designed, constructed or operated in a manner as to so dominate the immediate vicinity that the use would be incompatible with or injurious to the use and enjoyment of neighboring property, or otherwise would significantly diminish or impair property values within the vicinity. In determining whether the proposed conditional use would so dominate the immediate vicinity, consideration shall be given to:
A. The location, nature and height of buildings, structures, walls and fences on the site; and
B. The nature and extent of screening to be employed on the site.
(5) The proposed use at the proposed locations shall comply with all applicable regulations of this Zoning Ordinance, including lot size requirements, bulk regulations, use limitations, performance standards, and any additional standards imposed on it by the particular provision of this Zoning Ordinance authorizing such use.
(6) The benefits to be derived by the City of Brook Park from the proposed use at the proposed location outweigh the loss of, or damage to, any homes, businesses, natural resources, agricultural lands, historic or cultural landmarks or sites, wildlife habitats, parks, or natural, scenic or historic features of significance, and outweigh the personal and economic costs of any disruption to the lives, businesses and property of individuals affected by the proposed use.
(7) The proposed use at the proposed location shall be compatible with and not injurious to the use and enjoyment of neighboring property, and shall not significantly diminish or impair property values within the vicinity.
(8) Adequate access roads or entrance and exit drives shall be provided and shall be designed so as to prevent traffic hazards and provide for the safe and convenience movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development.
(9) Adequate nuisance prevention or control measures have been or shall be implemented and maintained to prevent or appropriately mitigate offensive odors, fumes, smoke, air pollution, dust, noise, vibration, visual blight, liquid or solid wastes, bio—hazards, heat, glare, storm water runoff and other adverse effects associated with the proposed use at the proposed location.
(10) Adequate on-site lighting shall be provided for the safety of patrons, employees and property and shall be adequately shielded or directed so as not to disturb or adversely affect neighboring properties.
(11) The proposed use at the proposed location is consistent with prior plans, master plans and projections of the applicant, if any, upon which the City of Brook Park has based planning or zoning decisions or, where inconsistencies exist, any such inconsistency is outweighed by the benefits to the community associated with the proposed use.
(Ord. 7866-1993. Passed 10-19-93.)