(a) Purpose. Provision is made in this Zoning Code for a more detailed consideration of each of certain specified uses or activities as it may relate to proposed conditions of location, design, size, operation, intensity of use, generation of traffic, traffic movement, concentration of population, processes and equipment employed, amount and kind of public facilities and services required, together with any other structural uses possessing these particularly unique characteristics, are designated as conditionally permitted uses and are permitted through the issuance of a conditional zoning certificate with such conditions and safeguards attached as may be deemed necessary for the protection of the public welfare.
(b) Procedure. Any application for a conditional zoning certificate for any land use or structure permitted under this Zoning Code shall be submitted in accordance with the following procedures:
(1) Application to Village Planning Commission. An application for a conditional zoning certificate shall be submitted to the Village Planning Commission on a special form provided for that purpose (See subsection (b)(9) hereof). The Village Planning Commission, where appropriate, may refer an application to qualified consultants for a report if it deems the proposed use may cause undue traffic generation, population concentrations, or extra size sewer or water utility systems. The cost of such report shall be at the expense of the applicant, and said report shall be furnished to the Planning Commission within 30 days from the date on which it was requested.
(2) Data required with application.
A. Form supplied by the Zoning Inspector and completed by the applicant.
B. Site Plan, Plot Plan, or Development Plan of the entire property being considered, drawn at a scale of one inch equals 100 feet, and showing the location of all abutting streets, the structures, the types of buildings, and their intended use.
(3) Review by the Village Planning Commission. The Village Planning Commission shall review the proposed development, as presented, on the submitted plans and specifications in terms of the conditions established for the specified use. In cases where the Village Planning Commission requests a report from a consultant, the application will not be reviewed until the Village Planning Commission has received the report along with a receipt for the cost of such report. Such review shall be completed and made public within 60 days following the date the application was submitted.
(4) Issuance and revocation of conditional zoning certificates. Only after conclusion of review procedures, relative to a particular application, may the Commission issue a conditional zoning certificate. The breach of any safeguard, condition, or requirement shall automatically invalidate the certificate granted, and shall constitute a violation of this Zoning Code. Such violation shall be declared as a nuisance per se as per Section 1161.01.
(5) General standards for all conditional uses. In addition to any specific requirements for conditionally permitted uses as specified in a particular zoning district, the Planning Commission may review the particular facts and circumstances of each proposed use which may generate significant impact upon surrounding properties beyond which is ordinarily anticipated in terms of the following standards and may consider evidence showing that such use at the proposed location:
A. Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing character of the zoning district, and that such use will not change the essential character of the same area.
B. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or the persons or agencies responsible for the establishment of the proposed use will provide any necessary services.
C. Will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.
D. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares.
E. Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
(6) In the event the Planning Commission shall determine from the evidence presented that it is necessary in order to carry out the intent of this subsection, it may impose additional reasonable conditions upon the granting of the Conditional Zoning Permit to meet any of the requirements of subsection (b)(5) A. to E. hereof.
(7) Appeal of a denial of a conditional use permit. The applicant may appeal the denial of a conditional use permit through the Village Council. The applicant must file a written appeal with the Clerk of Council within ten days of the denial of the conditional use permit. The Council shall reconsider the decision of the Planning Commission at the next regular Public Meeting held by the Village Council or within 30 days of the receipt of the written appeal. A two-thirds (2/3) majority vote shall be required to overturn the decision of the Planning Commission, and the Zoning Inspector shall issue a conditional use certificate.
(8) Continuation of existing uses declared to be conditionally permissible. Any use existing at the time of enactment of this Zoning Code and conditionally permissible within their respective districts as determined by the Village Planning Commission under this Zoning Code shall be issued a conditional zoning certificate by the Zoning Inspector within one year after the enactment of this Zoning Code.
(9) Sample conditional zoning certificate.
VILLAGE OF LEXINGTON, RICHLAND COUNTY, OHIO
CONDITIONAL ZONING CERTIFICATE
Application No.
Name of Property Owner
Name of Applicant (if different)
Address of Applicant Phone No.
Application for Property Located at (address or description) Zoning District in Which Property is Located
Conditionally Permissible Use Attached and as part of this application are:
A. Site Plan showing:
1. Boundaries and divisions of property.
2. Abutting streets and properties.
3. Location of all existing and proposed improvements, including structures, parking, landscaping, etc.
4. Location of existing and proposed water wells, water distribution lines, septic tanks or sewer lines, or other utility features.
5. Topography at five foot intervals showing the slope characteristics of the property.
B. Complete plan improvement specifications for all proposed development and construction.
C. Statement supporting evidence that the proposed use has complied with each of the general and specific conditions listed below:
General Conditions:
1.
2.
3. 4. 5. 6. 7.
Specific Conditions:
1. 2. 3. 4. Attach additional sheets if necessary
Fee
Date
(Owner's signature)
This certificate is automatically revoked if any of the conditions specified herein are not met.
Planning Commission Action:
Planning Commission Approval Disapproval Planning Commission Chairman
Planning Commission Secretary
Date of Issuance of Conditional Zoning Certificate