(a) Authorization.
(1) Specifically listed Conditional Uses are provided within the Zoning District regulations in recognition that such uses, although often desirable, will more intensely affect the surrounding area in which they are located than the Permitted Uses of such Zoning District.
(2) The intent of the procedure for authorizing a Conditional Use is to set forth in the development standards criteria for locating and developing a Conditional Use in accordance with the nature of the surrounding area, with conditions of development, and with regard to appropriate plans.
(b) Application for Conditional Use. Any person owning or having an interest in property may file an application to use such property for one or more of the Conditional Uses provided for by this Zoning Ordinance in the Zoning District in which the property is situated. An application for a Conditional Use Certificate shall be filed in duplicate with the Zoning Inspector, who shall forward without delay a copy to the Secretary of the Board.
The application for a Conditional Use shall contain the following:
(1) Description of property and intended use.
A. A description sufficient to identify the property including a reference of the volume and page of the last recorded deed.
B. The proposed use of the property.
C. A statement of the necessity or desirability of the proposed use to the neighborhood or community.
D. A statement of the compatability of the proposed use to adjacent property and land use.
E. Such other information regarding the property, proposed use, or surrounding area as may be pertinent to the application or required for appropriate action by the Board of Zoning Appeals.
(2) Plot plan. The application shall be accompanied by three copies of the plot plan, drawn to an appropriate scale, clearly showing the following:
A. The boundaries and dimensions of the lot.
B. The size and location of existing and proposed structures.
C. The proposed use of all parts of the lot and structures, including accessways, walks, off street parking, loading spaces, and landscaping.
D. The relationship of the proposed development to the development standards in the existing Zoning District.
E. The use of land and location of structures on adjacent property.
(c) Information for Planning Commission. For informational purpose, the Zoning Inspector shall file one copy of the application and plot plan with the Planning Commission within five days after the filing of such application by the applicant.
(d) Hearing on Conditional Use. A hearing on the application shall be held by the Board and notice thereof given, as specified under Section 1183.05
(c).
(e) Standards for Conditional Use. The Board shall not grant a Conditional Use unless it shall, in each specific case, make specific findings of fact directly based upon the particular evidence presented to it, that support conclusions that:
(1) The proposed Conditional Use will comply with all applicable regulations of this Zoning Ordinance, including lot size requirements, development standards, and use limitations.
(2) Adequate utility, drainage, and other such necessary facilities have been or will be provided.
(3) Adequate access roads or entrance and exit drives will be provided and will be so designed as to prevent traffic hazards and to minimize traffic conflicts and congestion in public streets and alleys.
(4) All necessary permits and licenses for the use and operation of the Conditional Use have been obtained, or evidence has been submitted that such permits are obtainable for the proposed Conditional Use on the subject property.
(5) All exterior lights for artificial open-air illumination are so shaded as to avoid casting direct light upon any property located in a Residential District.
(6) The location and size of the Conditional Use, the nature and intensity of the operation involved or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it shall be such that it will be in harmony with the appropriate and orderly development of the district in which it is located.
(7) The location, nature, and height of buildings, structures, walls, and fences on the site and the nature and extent of landscaping and screening on the site shall be such that the use will not unreasonably hinder or discourage the appropriate development, use, and enjoyment of adjacent land, buildings, and structures.
(8) The Conditional Use desired will not adversely affect the public health, safety, and morals.
(f) Conditions and Restrictions. In granting a Conditional Certificate, the Board may impose such conditions, safeguards, and restrictions upon the premises benefited by the Conditional Use as may be necessary to comply with the standards set out in this section to reduce or minimize potentially injurious affects of such Conditional Uses upon other property in the neighborhood, and to carry out the general purpose and intent of this Resolution.
(g) Period of Validity.
(1) A Conditional Use Certificate granted by the Board shall terminate at the end of one year from the date on which the Board grants the Conditional Use, unless within the one year period a building permit is obtained and the erection or alteration of a structure is started.
(2) The Conditional Use Certificate will suffice as the Zoning Certificate required by Section 1181.02
.
(Ord. 74-8. Passed 10-3-74.)