The Board of Zoning Appeals shall hold a public hearing and act on a Conditional Use within thirty (30) days following the public hearing.
(a) Public Notice: Notice of the public hearing shall be given to the adjoining property owners as set forth in the second paragraph of Section 1136.03(a)(2)(b). (Notice of Hearing). No publication shall be necessary.
(b) Standards for Approval: The Board of Zoning Appeals shall evaluate an application for a Conditional Use based upon the following criteria:
(1) The proposed use is a Conditional Use of the Zoning District and the applicable Development Standards established in this Development Ordinance are met;
(2) The proposed development is in accord with appropriate plans for the area;
(3) The proposed development will be in keeping with the existing land use character and physical development potential of the area.
(c) Decision Options: The Board shall make findings of fact and act on the application in one of the following ways:
(1) Approval: Upon a favorable finding, the Board of Zoning Appeals shall approve a Conditional Use application;
(2) Approval with Modification:
A. The Board of Zoning Appeals may approve with modification an application for a Conditional Use, if the proposed use is a Conditional Use of the Zoning District and the applicable Development Standards are met, but plot plan modification is required:
1. To be in accord with appropriate plans for the area; and
2. To prevent undesirable effects on adjacent property and the surrounding area.
B. Such modification may be a limitation on the extent or intensity of development, a requirement for additional screening by fence or landscaping, a change in the method or plan for lighting, control of access, or other conditions of development as may be required. Recommendations regarding the modification of plans or other appropriate actions shall be stated with the reasons for each recommendation.
(3) Disapproval: The Board of Zoning Appeals shall only disapprove an application for a Conditional Use for any of the following reasons:
A. The proposed use is not a Conditional Use of the Zoning District or the applicable Development Standards are not and cannot be met.
B. The proposed development is not in accord with appropriate plans of the area.
C. The proposed development will have undesirable effects on the surrounding area and is not in keeping with the existing land use character and physical development potential of the area.
(d) Effect of Approval of a Conditional Use: A Certificate of Zoning Compliance may be issued for an approved Conditional Use only within the period of one (1) year from the date of final approval by the Board of Zoning Appeals.
(e) Building Permit: A building permit may be obtained for the development only in accordance with the approved plot plan.
(Ord. 19-011. Passed 4-22-19.)