(a) The Board of Zoning Appeals shall review the particular facts and circumstances of each proposed conditional use and shall approve the conditional use if all the following general conditions are met and the specific criteria as appropriate in Section 1137.072.
(1) In considering an application for a Conditional Use Permit, the Board must make an affirmative finding that the proposed conditional use is to be located in a district wherein such use may be conditionally permitted, and that all conditions for approval of conditional uses have been met.
(2) The conditional use will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.
(3) It will not be hazardous or disturbing to existing or future neighboring uses.
(4) It will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.
(5) It will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
(6) It will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.
(7) It will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares.
(8) It will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
(9) Conditionally permitted uses and accessory activities shall be confined within completely enclosed buildings with the exception of off-street parking spaces, off-street loading areas, accessory fuel storage, attached storage tanks, HVAC units and employee recreational facilities.
(10) No land or building conditionally permitted in any district shall be occupied or used in any manner which creates or contributes to the existence of conditions which are dangerous, injurious, harmful, noxious, or objectionable, or which may otherwise adversely affect surrounding areas or adjoining premises, except that any use permitted by this Zoning Ordinance may be undertaken or maintained if acceptable measures and safeguards to reduce any dangerous or objectionable conditions to acceptable limits, as established in this section, are properly exercised. Specifically, the occupation or use of any land or building in any district shall be in violation of this Zoning Ordinance if one or more of the following conditions is found to exist at any time:
A. The use or storage of flammable or explosive materials is not adequately protected by fire-fighting and fire-protection equipment or by such safety devices as are normally required for such activities;
B. Activities involving the use and storage of flammable and explosive materials are not removed from adjacent facilities or activities to a distance compatible with the potential danger involved as determined by the Fire Chief.
C. Radioactivity or air pollution is present in violation of the regulations of the Ohio Environmental Protection Agency;
D. Hazardous wastes are present in violation of the regulations of the Ohio Environmental Protection Agency;
E. Objectionable noise off-site as determined by the Zoning Inspector due to volume, frequency or beat is present;
F. Vibration discernible by the Zoning Inspector without instruments is present on an adjoining lot or property;
G. Direct or reflected glare is present which is visible from any street or from any property not within a B or M district;
H. Erosion caused by wind or water is carrying objectionable substances onto any adjacent lot or property;
I. Water pollution or contamination is present in violation of the regulations of the Ohio Environmental Protection Agency.
J. Conditions or operations which result in the creation of odors of such intensity and character as to be detrimental to the health and welfare of the public or which interferes unreasonably with the comfort of the public. If the odors start after operations, the activity shall be removed or modified to remove the odor.
K. Any planned or intentional source of electromagnetic radiation for such purposes as communication, experimentation, entertainment, broadcasting, heating, navigation, therapy, vehicle velocity measurement, weather survey, aircraft detection, topographic survey, personal pleasure or associated uses which do not conform with the current Federal Communication Commission's regulations.
L. Discharge at any point into any public or private sewage disposal system or stream, or into the ground, of any liquid or solid materials except in accordance with OEPA, City ordinances and the City of Conneaut Health Department's regulations.
(Ord. 96-21. Passed 5-9-22.)