(a) Under some circumstances, a proposed use may be appropriate but have a more intense effect on the surrounding area than the permitted uses for the district that needs to be controlled through a review process to ensure compatibility. In these circumstances, these more intense uses are listed as conditional uses within the applicable District. The Board of Zoning Appeals may allow such a use to be established as a conditional use where these circumstances exist and where the proposed use will be consistent with the purpose and intent of this Ordinance.
(b) Application - Any person who owns or has interest in a lot subject to the conditional use requirements, may file an application to use such property for conditional uses provided for by this Ordinance in the District in which the property is situated. Three (3) copies and one (1) digital pdf of an application for a conditional use shall be filed with the Zoning Inspector, who shall forward a copy to the members of the Board of Zoning Appeals. The application shall contain the following information:
(2) A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic circulation, open spaces, landscaping, trash disposal and service areas, utilities, signs, setbacks, and other information that the Board may require to determine if the proposed conditional use meets the intent and requirements of this Ordinance.
(3) A narrative statement evaluating the effects on the adjoining property, and a discussion of the general compatibility with adjacent and other properties in the district.
(4) The names and addresses of all property owners within 100 feet, contiguous to and directly across the street from the property, as appearing on the Pickaway County Auditor's current tax list.
(5) The applicable review fee as listed in the separate fee schedule adopted by City Council.
(6) Such other information regarding the property, proposed use, or surrounding areas as may be pertinent to the deliberations of the Board of Zoning Appeals.
(c) The Board of Zoning Appeals may issue a conditional use permit, if it makes specific findings of fact directly based on the particular evidence presented to it that supports the conclusions that such use at the proposed location meets all of the following requirements:
(1) It will be harmonious with the existing or intended character of the general vicinity and that such use will not change the general character of the area.
(2) It will not be hazardous to and seeks to maintain the health, safety, and welfare of the existing neighborhood and the community in its entirety.
(3) It will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, trash disposal, water and sewers, and schools, or that the person or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service.
(4) It will not create excessive additional requirements for public facilities and services and will not be detrimental to the economic welfare of the community.
(5) It will have vehicular approaches to the property that do not interfere with traffic circulation on the surrounding public streets or roads.
(6) It complies with any other requirements or standards that are cited under the specific zoning district regulations of this Ordinance.
(d) In granting any conditional use, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformance with this Ordinance.
(e) The Board of Zoning Appeals shall hold a public hearing within thirty (30) days from the receipt of the completed application specified in Sections 1113.01(c) and 1113.06(b). The requirements for public notice and notification of parties of interest shall be the same as for appeals and/or variance as specified in Section 1113.05(c) of this Ordinance.
(f) Within thirty (30) days after the public hearing required in this Section, the Board of Zoning Appeals shall either approve, approve with conditions or disapprove the application as presented.
(1) If the application is approved with supplementary conditions, the Board of Zoning Appeals shall direct the Zoning Inspector to issue a Zoning Permit listing the specific conditions listed by the Board of Zoning Appeals for approval.
(2) If the application is disapproved, the applicant may seek relief pursuant to the Ohio Revised Code.
(3) If no action is taken by the Board of Zoning Appeals within the timeframe specified in this Section, the application shall be considered approved.
(g) The approval of the Zoning Permit issued in accordance with Section 1113.02 shall be null and void if such use is not carried out within one (1) year of the approval date. The Board of Zoning Appeals may grant an extension of a Conditional Use Zoning Permit for an additional six (6) months. The Board may also revoke the Zoning Permit, if it finds, based upon written evidence by any City resident or official, a violation this Ordinance and/or written terms and conditions upon which approval was based. The Board of Zoning Appeals shall conduct a public hearing in accordance with the procedures set forth in this section prior to revoking a Conditional Use Process.
(Ord. 02-13-2023. Passed 2-21-23.)