(a) The Planning Commission shall be composed of members as provided in Section 6.02 of the Greenhills Charter, and shall be governed by the provisions of Sections 6.09 and 6.10 of the Charter. Included in the specific powers and duties of the Planning Commission shall be the planning of the Municipality and lands adjacent thereto bearing relation to the planning of the Municipality, the location and heights of buildings and structures, setback building lines, and the division of the Municipality into zones or districts, the making of maps or plans for streets, playgrounds or improvements and provision for the administration thereof.
(b) Powers and Duties. The Planning Commission shall have the following responsibilities and powers as they relate to this Code:
(1) Carry on a continuous review of the effectiveness and appropriateness of this Code and recommend such changes or amendments as it feels would be appropriate.
(2) Hold public hearings, notice of which shall be given in accordance with Ohio R.C. 713.12.
(3) Initiate advisable Official Zoning District Map changes, or changes in the text of the Code where same will promote the best interest of the public in general through recommendation to the Village Council.
(4) Review proposed zoning amendments and Planned Unit Development applications as filed by a property owner.
(5) Conduct Site Plan Review for projects requiring such approval.
(6) Review and approval/disapproval of Conditional Use applications.
(7) Conduct or cause to be conducted a continuing survey to identify historic properties in the Village in accordance with procedures approved by the Ohio Historic Preservation Office.
(8) Make recommendations for designation by the Village Council of local historic landmarks, historic districts, contributing buildings or historic sites.
(9) Review and approve/disapprove applications for changes to any designated historic property, whether a local historic landmark, contributing building in a historic district, or historic site.
(10) Establish and use written guidelines for the preservation of designated historic properties and historic districts in review of applications for changes to any designated historic property.
(11) Act in an advisory role to other officials and departments of local government regarding the protection of local historic properties.
(12) Act as a liaison on behalf of the local government to individuals and organizations concerned with historic preservation.
(13) Work toward the continuing education of citizens within Greenhills regarding historic preservation issues and concerns.
(14) Seek expertise when the commission considers a National Register nomination and other actions which are normally evaluated by a professional in a specific discipline that is not represented on the commission, before rendering its decision.
(15) Conduct or encourage members to attend training/educational sessions at least once a year, or in-depth consultation with the Ohio Historic Preservation Office (OHPO), pertaining to work and functions of the commission or on specific historic preservation issues.
(16) Additional responsibilities may be undertaken by the commission upon mutual written agreement between the Village of Greenhills and the OHPO.
(17) Function, in addition, as provided by all other applicable Sections of the state law, Ohio R.C. Chapter 713.
(c) Conditional Uses. The Planning Commission may hear and decide upon, in accordance with the provisions of these regulations, applications for a Conditional Use Permit. The purpose of a Conditional Use Permit is to allow a proper integration of uses into the Village which may only be suitable in specific locations within certain zoning district(s) or only if such uses are designated or laid out in a particular manner on the site.
In considering an application for a Conditional Use Permit, the Planning Commissioner must make an affirmative finding that the proposed Conditional Use is to be located in a district wherein such use may be conditionally permitted, and that all conditions for approval of Conditional Uses have been met. The Planning Commission shall give due regard to the nature and condition of all adjacent uses and structures and the consistency therewith of the proposed Conditional Use and any potential nuisances.
A public hearing shall be held by the Planning Commission when considering an application for a Conditional Use Permit. Notice shall be given not less than fifteen (15) days prior to the date of public hearing, both by notifying all properties adjacent to the subject site, and by publishing notice in a newspaper of general circulation.
An application for a Conditional Use Permit shall contain the following information:
(1) The total area in the development.
(2) The existing zoning of the property in question and/or all adjacent properties.
(3) All public and private right-of-way and easement lines located on or adjacent to the property which is proposed to be continued, created, relocated or abandoned.
(4) Existing topography with a maximum of ten (10) foot contour lines.
(5) The proposed finished grade of the development shown by contours not larger than five (5) feet.
(6) The locations of all existing and proposed buildings in the described parcels, the uses to be contained therein and the total number of buildings including dimensions, heights, gross floor area and number of stories.
(7) Location and dimension of all curb cuts, driving lanes, off-street parking and loading areas including the number of spaces, angles of stalls, grades, surfacing materials, drainage plans, and illumination of facilities.
(8) Location of all sidewalks and other open areas.
(9) Location of all walls, fences, and buffer yards.
(10) Location, size, height, materials, lighting, and orientation of all signs.
(11) Location of all existing proposed streets, highways and alleys.
(12) All existing and proposed water and sanitary sewer lines indicating pipe sizes, types and grades.
(13) The schedule of phasing of the project.
(14) Names and mailing addresses of owners of property adjacent to the subject property as recorded by the Hamilton County Auditor's Office.
(15) Such other information as required by the Planning Commission to determine the conformance with this Code.
(d) Standards for Conditional Use. The Commission shall not grant a Conditional Use unless it, in each specific case, makes specific written 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 Code, 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 to 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 and licenses are obtainable for the proposed Conditional Use on the subject property.
(5) All exterior lights for artificial open-air illuminations 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 given 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) Evidence that the Conditional Use desired will not adversely affect the public health, safety and morals.
(9) In addition to complying with all other requirements of this Zoning Code, the Conditional Uses designated in Section 1131.04 (f) Vape and smoke shops, vaporizer stores, smoke shops, cigar shops and/or similar operations that sell paraphernalia typically associated with controlled substances. Hookah lounges, smoke lounges, vapor lounges or other similar establishments, (g) Body art establishments, including tattoo parlors, body piercing parlors, or other similar services; and Section 1133.04 (a) Pawn shops or other similar uses, shall comply with the following additional requirements and standards:
A. No such use shall be established or operated within 300 feet of a school or child day care center.
B. No such use shall be established or operated within 500 feet of an existing use of the same specific type.
(10) In addition to complying with all other requirements of this Zoning Code, the Conditional Use designated in Section 1131.04 (e) Medical marijuana cultivation, processing, and retail dispensaries, shall comply with the following additional requirements and standards:
A. No such use shall be established or operated within 500 feet of a school or child day care center.
B. No such use shall be established or operated within 500 feet of an existing use of the same specific type.
Distances described above shall be measured in a direct line from front door of one business to the front door of the other business without regard to topography or structures that would interfere with a straight-line measurement.
(e) Conditions and Restrictions. In granting a Conditional Use Permit, the Commission 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 Chapter to reduce or minimize potentially injurious effects of such Conditional Uses upon other property in the neighborhood, and to carry out the general purpose and intent of this Code.
(f) Period of Validity. A Conditional Use Permit granted by the Commission shall terminate at the end of one year from the date on which the Commission 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.
(g) Appeal of Planning Commission Decision for Conditional Uses. Any party aggrieved by a decision of the Planning Commission for a Conditional Use may appeal to the Court of Common Pleas of Hamilton County on the ground that such decision was unreasonable or unlawful. (Ord. 2013-04-CD. Passed 4-2-13; Ord. 2020-04-CD. Passed 12-8-20.)