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(A) Purpose. Conditional use permits shall be required for types of uses designated as conditionally permitted in a particular zoning district. Such particular use may be permitted and desirable in certain districts, but not without consideration. In each case, the effect of the use upon neighboring land will be reviewed. The application of the planning standards for determining the location and extent of such use is a planning function, and not in the nature of a variance or an appeal. Enumerated throughout this code are certain uses and the districts in which they may be permitted as conditional uses provided the following standards are fulfilled and a conditional use permit is granted by the Planning Commission. Application requirements shall be as established on the checklist provided by the city. (City forms and checklists are available on the city’s website.)
(B) Application and notification requirements.
(1) An owner or owner’s authorized agent shall submit an application for a conditional use permit.
(2) The Planning Commission shall hold a public hearing subject to the requirements of § 155.041(C) (Public Notification for Public Hearing).
(C) Review factors. The Planning Commission shall consider the following standards when determining whether the issuance of a conditional use permit is warranted.
(1) The conditional use is consistent with the spirit, purpose, and intent of the city’s various plans and studies and will not negatively affect or harm the appropriate use of neighboring property.
(2) The proposed conditional use is to be located in a district wherein such use may be permitted, subject to the requirements of this section.
(3) The use complies with all applicable use-specific provisions established in § 155.072 (Permitted Uses).
(4) The proposed use shall be adequately served by essential public facilities and services such as, but not limited to, roads, public safety forces, stormwater facilities, water, sanitary sewer, refuse pick-up, and schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately for any such services.
(5) The proposed use will comply with all applicable development standards, except as specifically altered by the Planning Commission in the approved conditional use.
(6) The proposed use will be harmonious with the existing or intended character of the area, will not be hazardous or have a negative impact on adjacent properties, and will not be detrimental to property values or the economic welfare of the general vicinity.
(7) The proposed use will not be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, odor, or other characteristic that is not compatible to the uses permitted in the applicable zoning district.
(8) The proposed use will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in the district.
(D) Approval conditions.
(1) The Planning Commission shall approve the conditional use permit if it determines that the proposed application satisfies the standards set forth in division (C) (Review Factors) of this section.
(2) If the Planning Commission determines that the issuance of a conditional use permit is warranted, the Planning Commission may condition such issuance upon specific requirements and limitations with respect to the location, construction, maintenance, landscaping, operation, and other factors and features of the application it deems necessary or appropriate to protect the interests of the community and to ensure satisfaction of the standards set forth in division (C) (Review Factors) of this section.
(3) If the Planning Commission determines that such proposed use does not, and with the imposition of conditions, will not, satisfy the standards set forth in division (C) (Review Factors) of this section, the Planning Commission shall deny the issuance of a conditional use permit.
(4) If the Planning Commission denies the conditional use permit, the owner or the authorized agent has the option to appeal the decision to City Council. The determination by City Council constitutes a final decision by the city.
(E) Period of validity of conditional use permit.
(1) The approval of a conditional use permit shall become null and void if building permits have not been issued for all buildings and structures within 12 months after approval of a conditional use permit. The Planning Commission may extend this time period if requested and justified by the owner or agent. In no situation shall the Planning Commission extend this time period for longer than two years from the date of approval of the conditional use permit.
(2) If a conditional use permit expires as described in division (E)(1) of this section, the owner or authorized agent will be required to submit a new conditional use permit application and fee and obtain new approvals for such use.
(Ord. 2018-06, passed 7-9-2018, § 155.127)