1141.05 CONDITIONAL USES.

   (a)   The Board of Zoning Appeals shall have the power to hear and decide in accordance with the provisions of this Zoning Ordinance, applications, filed as provided in Chapter 1125, for Conditional Uses. In considering an application for conditional use, the Board shall give due regard to the nature and condition of all adjacent uses and structures. In authorizing a conditional use, the Board may impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to those considerations expressly stipulated in the Dover City Zoning Ordinance for the particular conditional use or special exception as the Board may deem necessary for the protection of adjacent properties and the public interest.

   (b)   In determining whether to grant a request for a conditional use for property within any Residential or Special district as provided for in Section 1141.02, the Board shall consider effect that the proposed use would have on the health, safety and welfare of the City of Dover and its residents, including, but not limited to the following factors:

      (1)   The effect that the location and size of the proposed use, and the nature and intensity of the operations involved or conducted in connection with the proposed use, will have on the general character of the existing neighborhood;

      (2)   The effect that the location, size, nature and intensity of the operations contemplated by the proposed use will have upon pedestrian and vehicular traffic in the immediate and surrounding neighborhood;

      (3)   Whether the location, physical properties, and nature of the proposed use are such so as to interfere with the use and development of adjacent land or buildings, or impair the value thereof.

   (c)   In determining whether to grant a request for conditional use for property within any Business or Industrial district as provided for in Section 1141.02, the Board shall consider effect that the proposed use would have on the health, safety and welfare of the City of Dover, including, but not limited to the following factors:

      (1)   The effect that the location, size, nature and intensity of the operations contemplated by the proposed use will have upon pedestrian and vehicular traffic in the immediate and surrounding neighborhood;

      (2)   Whether the nature, location, size and site layout of the proposed use directly conflicts with the general character of the commercial or industrial district in which it is situated;

      (3)   Whether the location, physical properties and nature of the proposed use are such so as to interfere with the use and development of adjacent land or buildings or impair the value thereof; and

      (4)   Whether the location, physical properties, and nature of the proposed use are such so as to subject nearby residential dwellings to hazardous or dangerous materials, fumes, or other byproducts of the proposed use.

   (d)   The Board shall award a conditional use permit to any applicant who demonstrates that failure to obtain permission to use the property in the conditional manner proposed will result in the removal of all economic viability of the property.

   (e)   When an application is filed with the Board of Zoning Appeals for a conditional use permitting a mobile home park in an area zoned “R-3", the Board will recommend whether to grant said application to the Dover City Council. Said recommendation shall be considered by City Council in determining whether to grant a conditional use permit for such purpose. No request for a conditional use permit for the use of property as a mobile home park shall be granted unless formally approved by Dover City Council. A request for a conditional use permitting a mobile home park in an “R-3" zone shall be considered denied if not acted on by Council within ninety days following the issuance of the recommendation provided for herein.

(Ord. 13-05. Passed 3-21-05.)