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A petition for a conditional use permit shall be filed with the Clerk of Council's office. The petition shall include:
A. Twenty-five (25) copies of the proposed conditional use legislation and twenty-five (25) copies of a plat drawn to the scale of one inch equals 100 feet;
B. Twenty-five (25) copies of a site plan showing the proposed development of the site and the design, location and uses of all buildings and structures, parking areas, drive aisles, curb cuts, fences, landscaping, signs and open spaces;
C. An ordinance approved in writing as to form by the City Law Director containing the following:
1. A legal description of the areas, including the size in square footage or acreage;
2. The location of the areas as to City streets and numbers or distance from an indicated intersection;
3. The names of the property owners within the land to be conditionally used if there are ten (10) or less; if there are more than ten (10) property owners, then the name of the petitioner shall be recited in the ordinance; and
4. A brief description of the land (in the caption of the ordinance) indicating its location and the names of the property owners, if there are ten (10) or less; if there are more than ten (10) property owners, then the caption shall contain the name of a petitioner;
D. A fee, as established by City Council, to defray the cost of notices and other expenses connected with the hearings herein provided for; and
E. A list of the names and addresses of owners of adjacent property as they appear on the County Auditor's list, including properties on each side of the applicant's property, directly across the street and diagonally across the street, and directly behind and diagonally behind the applicant's property (permanent parcel number and address of each adjacent property is also required).
(Ord. 98-176. Passed 8-3-98.)
The Planning Commission, with the consent of Council, or Council without the consent of the Commission, may grant conditional use permits for certain uses which are not permitted by right under this Zoning Code. In granting a conditional use permit, the Commission shall make a determination based on information presented that the conditional use shall conform to the intent of this Code and meet the conditions and safeguards for such use as established by Council. The Commission, or Council, may require additional conditions and safeguards above and beyond those as provided in Section 1135.04, if such additional conditions and safeguards are reasonably necessary to carry out the purpose and intent of a specific conditional use. Further, any conditions and safeguards specifically established may be waived by the Planning Commission, with the approval of Council, or by Council without the approval of the Planning Commission, if such conditions and safeguards can be shown to be superfluous, outdated or otherwise unnecessary to the particular conditional use for which an application is being made.
To approve a conditional use permit, the Commission and Council will consider if:
A. The proposed use will be properly located in relation to land use and street plans of the City;
B. The proposed use is necessary to serve the community needs;
C. The proposed use is adequately served by essential public facilities and services;
D. The location, design and operation of the proposed use at the specific location would not unduly discourage or interfere with surrounding uses and properties; and
E. The proposed use meets the specific development conditions as specified in the regulations for the district in which it is located.
(Ord. 98-176. Passed 8-3-98.)
Notwithstanding the provisions of Section 1135.03, the following conditions and safeguards must be satisfied prior to the granting of a conditional use permit and shall not be waived:
A. Survey and Approval by City Engineer or Consulting City Engineer.
The City Engineer or consulting City Engineer shall make a survey of the public sanitary and storm sewers to be affected by the proposed conditional use and shall forward his or her opinion to the Planning Commission prior to approval by the Commission.
B. Building Permit Issuance.
No substantial modification or change of the site plan and conditions so approved shall be made except upon application to the Commission and Council and after approval thereof by Council. Nonsubstantial modification or change of the site plan may be approved by the Building Inspector.
(Ord. 98-176. Passed 8-3-98.)
A conditional use permit shall become null and void if construction of the proposed use, or the proposed use for which a conditional use permit has been granted, has not begun within one year after approval by Council. The Building Inspector may revoke a conditional use permit upon finding that the use does not comply with the conditions and safeguards established for such use pursuant to Sections 1135.03 and 1135.04. Upon revocation of a conditional use permit, all uses shall conform to the standards and requirements of permitted main and accessory uses established for the particular zoning district.
(Ord. 98-176. Passed 8-3-98.)
A. No medical marijuana facility shall be located within 500 feet of a school, church, public park, public playground, or public library, consistent with State of Ohio spacing requirements, as provided in R.C. §§ 3796.09 and 3796.10 and administrative rules promulgated thereunder.
B. In addition to the general standards applicable to all conditional uses under this Code, the planning staff, the Planning Commission and the Council, when studying a petition for a conditional use, shall consider the following criteria:
1. The impact of the proposed use on public safety in the surrounding community;
2. The impact of the proposed use on the economic welfare of the surrounding community;
3. The impact of the proposed use on the general welfare of the surrounding community in regard to any odor emanating from the proposed use, and the mandatory use of a state-of-the-art filtration system;
4. The impact of the proposed use on any disproportional concentration of medical marijuana cultivation facilities, processing facilities, testing laboratories, or dispensaries in the surrounding community; and
5. Regarding medical marijuana dispensaries, the location of the proposed use in relation to medical or pharmaceutical facilities of a complimentary nature (e.g., pharmacies, physician offices, etc.)
C. The petitioner shall comply with all local and State laws pertaining to medical marijuana facilities for cultivation, processing, dispensing, and/or testing, including all local and State licensing requirements. If the petitioner has not obtained a State provisional license within one year of Council granting a conditional use, the conditional use shall expire at that time.
(Ord. 2017-151. Passed 11-6-17.)