(A) Conditional uses are allowed for certain uses in some districts, as identified in individual district regulations. Uses not listed in the district regulations as eligible for a conditional use permit shall not, in any circumstances, be granted a conditional use permit. The following procedure for requesting a conditional use permit shall be followed, and the Board of Adjustment shall follow the following procedure in considering the recommendation of the Administrative Official. A conditional use permit, from the terms of this subchapter, shall not be granted by the Board of Adjustment unless and until the following has occured.
(1) An application for a conditional use permit, available from the Administrative Official, shall be completed by the landowner requesting the conditional use permit. Any required attachments and fees as in § 155.177 shall further accompany the application. The written application for a conditional use shall indicate the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested. Completed applications shall be returned to the Administrative Official for review. To be considered by the Board of Adjustment, the application form shall be completed. If any of the information required herein has changed since the original building permit application, the revised, updated, or corrected information shall accompany the application for a conditional use permit.
(2) The Administrative Official shall review the application, and shall make a recommendation to the Board of Adjustment to either approve or not approve said application. The Administrative Official’s recommendation shall include a summary of the application and reasons and justification for either approval of or disapproval of the application.
(3) The Administrative Official shall set the date, time, and place for a public hearing to be held by the Board of Adjustment. The Administrative Official shall notify the adjacent landowners, excluding streets and alley, by mail at the expense of the applicant at least one week before the public hearing. The Administrative Official shall publish notice of the public hearing with all costs to be paid by the applicant not less than ten days prior to the public hearing in a newspaper of general circulation in the area affected by the proposed conditional use permit.
(4) A public hearing shall be held; any party may appear in person or by agent or attorney.
(5) The Board of Adjustment shall rule that it is empowered by this section as described in the application to grant the conditional use and that the granting of the conditional use will not adversely affect the public interest.
(B) Before any conditional use permit shall be issued, the Board of Adjustment shall make a written finding certifying compliance with the specific rules governing individual conditional uses and that satisfactory provision and arrangement has been made concerning the following where applicable:
(1) Utilities, refuse, and service areas with reference to locations, availability, and compatibility;
(2) Screening and buffering with reference to type, dimensions, and character;
(3) Required yards and other open space;
(4) General compatibility with adjacent properties and other property in the district;
(5) Entrance and exit to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;
(6) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties; and
(7) Off-street parking and loading areas, where required, with particular attention to the affect of the conditional use on adjoining properties and properties generally within the district.
(C) In order to preserve the intent of these zoning regulations and to protect the public interest, the Board of Adjustment may attach conditions to a conditional use permit. A conditional use permit shall remain valid only as long as the original applicant complies with any terms and conditions of the conditional use permit as attached by the Board of Adjustment.
(D) Approval or denial of any application for a conditional use permit shall be by a three-fourths’ majority, or four votes, of all members of the Board of Adjustment.
(Ord. passed - - 2006)