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(a) Authority of Board of Zoning Appeals. The Board of Zoning Appeals shall have the authority to hear and decide in accordance with the provisions of this Zoning Code applications for conditional use permits as identified in Chapter 1127. The Board may also impose such additional conditions and safeguards as it deems necessary for the general welfare, for the protection of individual property rights, and for insuring that the intent and objectives of this Zoning Code will be observed.
(b) General Standards for Conditionally Permitted Uses. The Board shall review the
particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence that the use on the proposed location:
(2) Will be in accordance with the general objectives or with any specific objective of the comprehensive plan.
(3) Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such a use will not change the essential character of the same area.
(4) Will not be hazardous or disturbing to existing or future neighboring uses.
(5) Will not be detrimental to property in the immediate vicinity or to the community as a whole.
(6) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage and schools; or that persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service.
(7) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads.
(c) Supplementary Conditions and Safeguards.
(1) In granting any conditional use, the Board may prescribe appropriate conditions and safeguards with respect to location, construction, maintenance, and operation, in addition to those stipulated in this Zoning Code for the particular conditionally permitted use as the Board may deem necessary for the protection of adjacent properties and the public interest.
(2) Violations of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this Zoning Code and punishable under Section 1107.99. The Board may also require a guarantee or bond as it may deem to be necessary that the conditions attached are being and will be complied with.
(d) Action by Board of Zoning Appeals.
(1) The Board shall hold a public hearing on an application for conditional use permit within 35 working days from receipt of the application.
A. Notice of the hearing on an application for a conditional use shall be given by publishing the notice in a newspaper of general circulation of the City at least ten days before the day of the hearing and by serving notice to all abutting property owners. The notice shall set forth the time and place of the public hearing, and the nature of the proposed conditional use.
B. Upon the day for hearing an application, the Board may adjourn the hearing in order to permit the obtaining of additional information, or to cause further notice as it deems proper to be served upon other property owners as it decides may be substantially interested in the application. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of the hearing, unless the Board so decides.
(2) Within 30 days after the public hearing, the Board shall either approve, approve with supplementary conditions, or deny the request for a conditional use.
A. A copy of the Board's decision shall be transmitted to all parties in interest. The decision shall be binding upon the Zoning Inspector and observed by the Inspector, and the terms and conditions of the decision shall be incorporated in the permit to the applicant or appellant, whenever a permit is authorized by the Board.
B. A decision of the Board shall not become final until the expiration of five days from the date the decision is made, unless the Board shall find that the immediate taking effect of the decision is necessary for the preservation of property or personal rights, and shall so certify on the record.
(e) One Use Authorized, Expiration. A conditional use permit shall be deemed to authorize only one particular conditional use and the permit shall automatically expire if for any reason, the conditional use shall cease.
(f) Resubmitting Conditional Use Permits. Any conditional use denied by the Board may not be resubmitted for a period of six months unless the applicant can demonstrate to the Zoning Inspector and the Board any of the following.
(1) That a new plan or use is proposed.
(2) That new facts or other pertinent information have been discovered that were not presented previously.
(g) Appeals from Board of Zoning Appeals. Appeals from the Board's decisions shall be made in the manner as specified in Section 1109.01(e)(2).
(h) Fees. As established in Section 1107.06, the fees for conditional use permits shall be set by the City Council. The current fee schedule available for examination in the office of the Zoning Inspector.
(1) The fee is part of and shall accompany the application.
(2) Fees are not reimbursable.