(a) Contents of Application for Conditional Use Permit. An application shall be submitted to the Board of Zoning Appeals and it shall contain the following data.
(1) Name, address and phone number of applicant.
(2) Legal description of property.
(3) Description of existing use.
(4) Zoning district.
(5) Description of proposed conditional use.
(6) A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic access and traffic circulation, open space, landscaping, refuse and service areas, utilities, signs, yards, and such other information as the Board may require to determine if the proposed conditional use meets the intent and requirements of this Zoning Ordinance.
(7) A narrative statement evaluating the effects on 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; and the relationship of the proposed use to the Zoning District Map.
(8) The fee payment for Conditional Zoning permits.
(b) Review by Board of Zoning Appeals. The Board of Zoning Appeals shall review the proposed development as presented on the submitted plans and specifications in terms of the standards established in the Zoning Ordinance. Such review shall be completed and a public hearing held according to the procedures specified in Sections 1121.06
to 1121.08
within a sixty day period following the submission of such application.
(c) Action by the Board of Zoning Appeals. Within thirty days after the public hearing required in subsection (b) hereof, the Board shall either approve, approve with supplementary conditions as specified in Section 1123.05
, or disapprove the application as presented. If the application is approved or approved with modifications, the Board shall direct the Zoning Inspector to issue a conditional use permit listing the specific conditions specified by the Board for approval. If the application is disapproved by the Board, the applicant may seek relief through the Court of Common Pleas. Appeals from Board decisions shall be made in the manner specified in Section 1125.08
.
(d) Issuance and Revocation of Conditional Use Permit. Only upon conclusions of hearing procedures relative to a particular application may the Board of Appeals issue a Conditional Use Permit. The breach of any condition, safeguard, or requirement shall automatically invalidate the permit granted, and shall constitute a violation of this Zoning Ordinance. Such violation shall be punishable as specified in Section 1119.99
.
(e) Expiration of Conditional Use Permit. A conditional use permit shall be deemed to authorize only one particular conditional use and the permit shall automatically expire if, for any reason, the conditional use shall cease for more than two years.
(f) Reapplication. No application for a Conditional Use Permit which had been denied wholly or in part by the Board of Zoning Appeals shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions which would be sufficient to justify reconsideration by the Board of Zoning Appeals.
(Ord. 82-1. Passed 2-16-82.)