For the home occupation approval process refer to Section 1163.05: Home Occupations Approval Process. For all other listed conditional permitted uses the approval process shall consist of the following:
(a) Applications. Applications for a conditional permitted use shall be obtained from the Engineering and Zoning Office and when completed shall be returned to that office. The application shall consist of:
(1) The completed form and required materials;
(2) A list of all property owners within, contiguous to and directly across the street from the parcel proposed for the conditional use as listed on the tax duplicate. The applicant may request the City prepare the name list for an additional cost as provide for in Section 1157.16(d): Deposit for Notice Mailing and Publication Cost; and
(b) Review of Application by Zoning Inspector.
(1) The Zoning Inspector, upon receipt of the application shall review the application for completeness.
(2) The Zoning Inspector shall transmit the completed application form to the Board of Zoning Appeals within three (3) working days.
(c) Public Hearing. The Board shall hold a public hearing to consider the application.
(d) Notice of Public Hearing. Notice of the public hearing shall be given not less than ten (10) days prior to the date of the hearing by publishing a notice in a newspaper of general circulation within the City. A notice shall also be sent to the applicant and may be posted at the property in question. In addition, written notice of the hearing shall be mailed, by first class mail, at least ten (10) days before the day of the public hearing to all owners of property contiguous to, and directly across the street from the property which is the subject area. The information content of the notice shall be in accordance with Section 1157.08: Public Notification for Public Meetings. Failure to deliver the notification, as provided in this Section, shall not invalidate any such application.
(e) Action by Board.
(1) The Board shall approve, approve with modification, or deny the application within sixty (60) days after transmittal by the Zoning Inspector.
(2) The Board may prescribe appropriate conditions and safeguards with respect to the design, density, location, maintenance and operation, in addition to those described in this Zoning Ordinance, so long as they are necessary for the protection of the adjacent property owners and the character of the neighborhood.
(3) Approval shall not be granted unless the following conditions have been met or exceeded:
A. All requirements, except those specifically modified by this Chapter, of the district in which the proposed conditional permitted use is to be located are met;
(f) Issuance of the Zoning Certificate. The Zoning Inspector shall issue a zoning certificate only in compliance with the approved requirements of the Board.
(Ord. 2020-4053. Passed 1-7-21.)