1115.09  APPROVALS BY THE PLANNING BOARD.
   (a)   Planning Board shall review applications for the following uses and approve, approve with modifications, or deny such applications, in accordance with the Requirements and Standards for the particular use, as outlined in this UDO:
      (1)   Conditional Uses, including Home Occupations and Sexually Oriented Businesses;
      (2)   Any use in the Well Field Protection Overlay District; and
      (3)   Uses requiring a Special Permit in the Telecommunications Overlay District.
         (Ord. 05-13.  Passed 11-7-05.)
      (4)     Certificates of Appropriateness for the Historic Overlay District, as set forth in Section 1109.04 of this UDO.
         (Ord. 08-08.  Passed 8-18-08.)
   (b)   Conditional Uses: Conditional uses are those uses that because of special requirements or characteristics may be allowed in a particular zoning district only after Planning Board reviews and grants the conditional use, imposing such conditions as Planning Board finds necessary to make the use compatible with other uses permitted in the same district zone or vicinity. A conditional use may be allowed in a zoning district only after the Planning Board, in accordance with the provisions of this UDO, grants permission. Development standards for each conditional use are described in Section 1113.01 , development standards for Sexually Oriented Business conditional uses are described in Section 1113.02 , and development standards for Home Occupation conditional uses are described in Section 1113.03 .
      (1)   Submittal Requirements:
         A.   General Submittal Requirements: The following general requirements shall apply:
            1.   Each request for a conditional use shall include an application form, provided by the City, with the submittal;
            2.   The TRC shall make the determination as to completeness, and only complete applications shall be processed by the City;
            3.   The City Engineer may request additional supporting information that in his professional judgment is necessary to fully explain the applicant’s proposal. The applicant shall supply the requested additional information;
            4.   Legal description of property or portion thereof;
            5.   Payment of the application fee as established by Section 1105.09;
            6.   The name(s), address(s), and telephone numbers of the applicant(s), and the property owner(s) if other than the applicant(s) with a notarized letter of authorization from the property owner; and
            7.   A list of all owners of property that are contiguous to the parcel or lot proposed for the conditional use or that are across the street from it.  (The list shall based upon the Preble County Auditor’s current tax lists).
         B.   Specific Submittal Requirements: The submittal for approval of a Conditional Use shall include an application form for a Conditional Use with related materials and fee. The application shall include at a minimum:
            1.   Address and zoning classification of the subject property;
            2.   A list of all owners of property, including their mailing addresses, who own property contiguous to or across the street from the subject property;
            3.   A statement of need for the proposed use, its location and a report identifying the effects and general compatibility of the proposed use on the surrounding properties and the neighborhood;
            4.   A plan of how the potential negative effects of the proposed use will be mitigated including traffic, parking, noise, light intrusion, solid waste storage and removal; and
            5.   A narrative statement outlining how the Conditional Use meets the General Standards and Specific Standards of Approval for the Conditional Use, as outlined in Section 1113.01.
         C.   Sketch Plan: Twelve copies of a site plan or sketch plan, and other drawings to scale, showing
            1.   Boundaries and dimensions of the property and the size and location of all proposed or existing structures;
            2.   All pertinent natural and man-made features and adjacent development character and buildings;
            3.   Traffic access, traffic circulation and parking;
            4.   Existing and proposed utility easements;
            5.   Location of any required landscaping or buffer yards;
            6.   Location of any existing or proposed signs;
            7.   Location of any refuse or service areas; and
            8.   Any additional information the City Engineer deems appropriate.
         D.   A Sign Graphics Plan, if required, showing:
            1.   The location of any proposed sign(s), including the sign’s location with respect to existing right-of-way and property lines;
            2.   The location of all other existing signs whose construction requires permits, when such signs are on the same premises;
            3.   The dimensions, construction supports, sizes, electrical wiring and components, sign materials, and method of attachment;
            4.   The location, size, and illumination of wall signs, ground mounted signs, and directional signs; and
            5.   Elevation drawings of ground mounted signs and wall signs shall also be included.
         E.   Landscaping Plan: A Landscaping Plan, if required, meeting the requirements of Section 1111.06.
         F.   Sexually Oriented Business: If the application is for a Sexually Oriented Business Conditional Use, all additional information required to show that the proposed use meets the requirements and standards for Sexually Oriented Businesses outlined in Section 1113.02
         G.   Home Occupations: If the application is for a Home Occupation Type B, all additional information required to show that the proposed use meets the requirements and standards for Home Occupations outlined in Section 1113.03.
      (2)   Standards for Approval:
         A.   A Conditional Use Certificate shall not be granted unless Planning Board finds it meets the General Standards for Approval and the Specific Standards for Approval, as the same may be modified by Planning Board, as outlined in Section 1113.01.
         B.   A Conditional Use Certificate for A Sexually Oriented Business shall not be granted unless Planning Board finds it meets the General Standards for Approval outlined in Section 1113.01(d) and the requirements of Section 1113.02.
         C.   A Conditional Use Certificate for a Home Occupation Type B shall not be granted unless Planning Board finds it meets the General Standards for Approval outlined in Section 1113.01(d) and the requirements of Section 1113.03.
      (3)   Additional Conditions and Safeguards: In approving a Conditional Use Permit, the Planning Board may further prescribe any conditions and safeguards that it deems necessary to ensure the public health, safety and welfare, including, but not limited to, limiting the term of the Permit, limiting hours of operation, requiring additional parking, limiting access points to the property, or requiring a buffer yard.  If the applicant will not agree with such conditions, the Conditional Use Permit shall not be granted.
      (4)   Effect of Approval/Validity:
         A.   A Conditional Use Certificate shall authorize the particular conditional use on the specific parcel for which it was approved.
         B.   The Conditional Use Certificate shall expire six (6) months from the date of enactment, unless prior to that date the applicant commences actual construction or business.
         C.   There shall be no modification of a Conditional Use Certificate except by approval of the Planning Board.
         D.   Conditional Use Certificates are non-assignable, and shall not be transferred to a subsequent owner of the property, nor shall they  transfer with the owner to another location. 
         E.   A Conditional Use Certificate shall terminate upon the property no longer being used for such conditional use for a period of six (6) months or more, or upon the sale or change of ownership of such property, or upon violation of any provisions of this UDO.
      (5)   Renewals:  The holder of a Conditional Use Permit is responsible for applying for renewals of the Conditional Use Permit.  Upon application for renewal, the Zoning and Building Official shall inspect the premises for conformance with the original Permit and shall review the record regarding the Permit and shall make a recommendation to the Planning Board.  If the Planning Board finds no cause to disallow renewal of the application or cause for review of the application, the Planning Board may authorize the Zoning and Building Official to administratively approve the renewal application.  If the Planning Board determines the conditional use has been the subject of unresolved complaints or violations of conditions or for other good cause, the Planning Board may cause the application to come before the Planning Board for a public hearing, may review the application as if it were a new application, and may renew the Permit as is, may renew the Permit with added conditions as the Planning Board finds appropriate, or may deny and/or revoke the Permit.
      (6)   Revocations: 
         A.   The following shall be considered as grounds for the revocation of a Conditional Use Permit at any time during the term of the Permit:
            1.   Any change in use or any change in extent of use, area of dwelling or unit being used, or mechanical or electrical equipment being used that is different from that specified as permitted in the granted Permit, which is not first approved by the Planning Board.
            2.   Any change in use or any change in extent of use, area of dwelling or unit being used, or mechanical or electrical equipment that results in a violation of these regulations.
            3.   Failure to allow periodic inspections by the Zoning and Building Official or his designee at any reasonable time when an adult member of the family is present.
         B.   If one or more of the conditional use regulations of this UDO are violated, or for any of the reasons listed above, Planning Board may, upon the recommendation of the Zoning and Building Official, revoke a Conditional Use Permit.  The holder of said Permit shall be notified of the time, date and place at which Planning Board intends to consider a revocation of his Permit, and shall be given an opportunity to address Planning Board on the matter.
         C.   Conditional Use Permits that have been revoked may not be applied for again until a period of one year has lapsed from the date of revocation.
   (c)   Uses in the Well Field Protection Overlay District:  No new or expanded use in the WFP Overlay District shall be permitted without Planning Board approval.  A Certificate of Zoning Compliance shall be applied for, and Planning Board shall review said application for its conformance with the requirements of the WFP Overlay District.  Planning Board shall authorize or deny the issuance of the Certificate of Zoning Compliance.
      (1)   Submittal Requirements:
         A.   General Submittal Requirements: The following general requirements shall apply:
            1.   Each request for development approval shall include a Certificate of Zoning Compliance application form, provided by the City, with the submittal;
            2.   The TRC shall make the determination as to completeness, and only complete applications shall be processed by the City;
            3.   The City Engineer may request additional supporting information that in his professional judgment is necessary to fully explain the applicant’s proposal.  The applicant shall supply the requested additional information;
            4.   Legal description of property or portion thereof;
            5.   Payment of the application fee for a Certificate of Zoning Compliance, as established by Section 1105.09;
            6.   The name(s), address(s), and telephone numbers of the applicant(s), and the property owner(s) if other than the applicant(s) with a notarized letter of authorization from the property owner; and
            7.   A list of all owners of property that is contiguous to the subject property or that is across the street from it.  The list shall be based upon the Preble County Auditor’s current tax lists.
            B.   Specific Submittal Requirements:  The applicant shall submit all information required by Section 1109.03.
      (2)   Standards for Approval: A Certificate of Zoning Compliance application for a new or expanded use in the WFP Overlay District shall not be authorized unless it meets all of the following standards:
         A.   It fully complies with the applicable requirements of this UDO, specifically Section 1109.03;
         B.   It is not detrimental to other property or other uses located on the same property; and
         C.   It is not detrimental to other development on nearby property.
   (d)   Uses requiring a Special Permit in the Telecommunications Overlay District: No new Towers, Antenna Support Structures and/or Wireless Telecommunications Facilities that require a Special Permit under Section 1109.01 shall be installed or constructed in the Telecommunications Overlay District until such Special Permit has been approved by Planning Board.
      (1)   Submittal Requirements:
         A.   General Submittal Requirements: The following general requirements shall apply:
            1.   Each request for a Special Permit shall include an application form, provided by the City, with the submittal;
            2.   The TRC shall make the determination as to completeness, and only complete applications shall be processed by the City;
            3.   The City Engineer or the Zoning and Building Official may request additional supporting information that in his professional judgment is necessary to fully explain the applicant’s proposal. The applicant shall supply the requested additional information;
            4.   Legal description of property or portion thereof;
            5.   Payment of the application fee as established by Section 1105.09;
            6.   The name(s), address(s), and telephone numbers of the applicant(s), and the property owner(s) if other than the applicant(s) with a notarized letter of authorization from the property owner; and
            7.   A list of all owners of property that is contiguous to the subject property or that is across the street from it.  The list shall be based upon the Preble County Auditor’s current tax lists.
         B.   Specific Submittal Requirements:  The applicant shall submit all information required by Section 1109.01, specifically Section 1109.01(i) and (j).
      (2)   Standards for Approval: A Special Permit for the installation or construction of a Tower, Antenna Support Structure and/or Wireless Telecommunications Facility in the Telecommunications Overlay District shall not be approved unless it meets all of the following standards:
         A.   It fully complies with the applicable requirements of this UDO, specifically Section 1109.01;
         B.   It meets any specific standards outlined in Section 1109.01 for the particular proposed use;
         C.   It is not unduly detrimental to other property or other uses located on the same property; and
         D.   It is not unduly detrimental to other development on nearby property.
   (e)   Procedures for Planning Board Approval: The following outlines the procedure under which the Planning Board decides development approvals under this Section:
      (1)   Pre-application Meeting: If recommended by the City Engineer, the applicant shall meet with the TRC prior to submitting an application.  The purpose of the meeting is to discuss the proposal and to provide feedback regarding applicable standards and requirements.
      (2)   Formal Application Submittal: The applicant shall submit an application meeting all of the applicable requirements of this Section.  All applications shall be submitted by the application deadline established by the City Manager.
      (3)   Review by the TRC:  Upon receipt of an application, the City Engineer shall forward the application to the TRC.  The TRC shall review the application for completeness, and if the application is incomplete, shall advise the applicant of the deficiencies and inform the applicant that no further action will be taken on the application until all necessary and required information has been provided.  If the application is deemed complete and the application fee has been paid, the TRC shall recommend to the City Engineer that the City officially accept the application.  Only complete applications will be forwarded to the Planning Board. 
      (4)   Notice of Public Hearing Before Planning Board: Upon determination that an application contains all the necessary and required information, the City Engineer shall place the application on Planning Board’s agenda, and shall schedule a public hearing.  Notice of the hearing shall be provided at least once in one or more newspapers of general circulation in the City.  The notice shall be published at least five (5) days before the date of the hearing.  The notice shall state the time and place of the hearing.  If an application is tabled at the request of the applicant, or due to incompleteness of the application submitted by the applicant, and the public hearing postponed, the cost of mailing the required further notices shall be borne by the applicant.
      (5)   Notice to Property Owners of Public Hearing Before Planning Board: Written notice of the public hearing shall be provided to all owners of property that are contiguous to the subject parcel or lot or that are across the street from it. The applicant shall provide to the City Engineer a list (based upon the Preble County Auditor’s current tax lists) of the owners of property that are contiguous to the subject parcel or lot or that are across the street from it.  Such notice shall be sent by the City via regular mail, at least seven (7) days before the date of the hearing, addressed to the owners appearing on the list provided by the applicant and as verified by City staff.  If an application is tabled at the request of the applicant, or due to incompleteness of the application submitted by the applicant, and the public hearing postponed, the cost of mailing the required further notices shall be borne by the applicant.
      (6)   Preparation of Staff Report: The City Engineer shall prepare a staff report providing an analysis of the proposal and a recommendation.  The City Engineer shall consider comments from the TRC in formulating his recommendation.  The application and all supplemental information filed with the application shall be forwarded to the Planning Board at least three (3) working days prior to the meeting at which the Planning Board will consider the application.  At said meeting, the City Engineer shall present his report to the Planning Board.
      (7)   Action by the Planning Board: The Planning Board shall consider the application at its formal public meeting.  It may consider comments by staff as appropriate, any presentation by the applicant(s), and comments by interested parties.  The Planning Board shall consider this information and render a decision at a public meeting.  The Planning Board shall approve the application; deny the application; or approve the application subject to additional conditions and restrictions to which the owner has agreed. Its decision shall take effect immediately. Written notice of Planning Board’s decision, including all conditions that may be associated with the decision, shall be transmitted to the applicant no later than ten (10) days after the date the decision was rendered.  The written notice shall also include the findings of facts Planning Board made in rendering its decision.
         (Ord. 05-13.  Passed 11-7-05.)