CHAPTER 1145
Conditional Uses
1145.01   Purpose.
1145.02   Contents of application for conditional use permits.
1145.03   General standards applicable to all conditional uses.
1145.04   Public hearing, notification, and action by the Planning Commission.
1145.05   Action by the Planning Commission.
1145.06   Expiration of the conditional use permit.
 
1145.01 PURPOSE.
   An increasing number of new kinds of uses are appearing daily and many of these and some other more conventional uses possess characteristics so unique and special in nature, relative location, design, size, method of operation, or circulation in public facilities that each specific use must be considered individually. These specific uses, as they are conditionally permitted under the provisions of Title Five shall follow procedures and requirements set forth in the following sections.
(Ord. 2001-35. Passed 7-17-01.)
1145.02 CONTENTS OF APPLICATION FOR CONDITIONAL USE PERMIT.
   An application for conditional use permit shall be filed with the Code Enforcement Officer by at least one (1) owner or lessee of property for which such conditional use is proposed. At a minimum, the application shall contain the following information:
   (a)   Name, address, and phone number of the applicant.
   (b)   Legal description of the property.
   (c)   Description of existing use.
   (d)   Present zoning district.
   (e)   Description of proposed conditional use.
   (f)   A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access, traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards, and other such information as the Commission may require to determine if the proposed conditional use meets the intent and requirements of this Zoning Ordinance.
   (g)   Fee to be established by the City Commission.
   (h)   A narrative statement evaluating the economic effects on the adjoining property; the effect of such elements as noise, glare, odor, fumes, and vibration on adjoining property and discussion of the general compatibility with adjacent and other properties in the district.
      (Ord. 2001-35. Passed 7-17-01.)
1145.03 GENERAL STANDARDS APPLICABLE TO ALL CONDITIONAL USES.
   In addition to the specific requirements for additional permanent uses, the Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:
   (a)   Will be harmonious and in accordance with the general objectives or any specific objective of the City of Gallipolis.
   (b)   Will be designed, constructed, operated, and maintained to be harmonious and appropriate in appearance with the existing or intended character of the area and that such use will not change the essential character of the same area.
   (c)   Will not be hazardous or disturbing to existing or future neighboring uses.
   (d)   Will be served adequately by essential public facilities and services.
   (e)   Will not create excessive additional requirements at public costs for public facilities and services and will not be detrimental to the economic welfare of the community.
   (f)   Will not involve the excessive production of traffic, noise, smoke, fumes, glare, or odors.
   (g)   Will have vehicular approaches to the property designed not to create an interference with traffic.
   (h)   Will not result in destruction, loss, or damage of natural, scenic, or historic feature of major importance.
      (Ord. 2001-35. Passed 7-17-01.)
1145.04 PUBLIC HEARING, NOTIFICATION, AND ACTION BY THE PLANNING COMMISSION.
   The Planning Commission shall hold a public hearing, notify appropriate parties by mail and take action within a specified period of time in accordance with the procedures specified in Sections 1141.06, 1141.07.
(Ord. 2001-35. Passed 7-17-01.)
1145.05 ACTION BY THE PLANNING COMMISSION.
   Within forty-five (45) days after the public hearing, the Planning Commission shall either approve, approve with conditions, or disapprove the application for a conditional use permit. If the request for the conditional use is denied, the applicant may seek an appeal through the Court of Common Pleas.
(Ord. 2001-35. Passed 7-17-01.)
1145.06 EXPIRATION OF THE CONDITIONAL USE PERMIT.
   The conditional use permit shall be deemed to authorize only one (1) particular condition or use and said permit shall automatically expire if for any reason the conditional use shall cease for more than six (6) months. If an application is subject to conditions, the applicant shall be required to meet the conditions in order to maintain a valid permit, and failure to meet the conditions shall constitute a violation of this Zoning Ordinance.
(Ord. 2001-35. Passed 7-17-01.)