(a) Defined. “Conditional use” means an unusual use that may be permitted under the provisions of this Zoning Code in certain districts if, in the circumstances of a particular situation, the use is found to not be detrimental to adjacent property and the public welfare, or if, subject to certain conditions, the use can be made to effectively serve the purpose of this Zoning Code.
(Ord.85-O-18. Passed 9-10-85.)
(b) Uses Requiring Conditional Use Permits. Conditional use permits are required for certain land uses and no land shall be used for these purposes unless and until a conditional use permit has been issued. Uses requiring a conditional use permit are as follows:
(1) Electric power lines carrying more than 5,000 volts, water and gas maims not in public highways, railroad tracks and yards, in all Residential Districts;
(2) Cemeteries, commercial greenhouses, golf courses, homes for the aged, hospitals and sanitariums in all Residential Districts;
(3) Temporary shelters in all Residential Districts;
(4) Certain industrial uses generally prohibited, to be permitted as accessory uses in Industrial Districts;
(5) Quarrying and excavating operations for natural resources;
(6) Locations providing live entertainment or dancing;
(7) Locations of adult entertainment businesses;
(8) Locations of automobile service stations;
(9) Yacht clubs;
(10) Restaurants and temporary food concessions as follows:
A. Restaurants or eating establishments in the Recreational Park Districts, provided that the restaurant shall complement the park and ensure that the integrity of the use of the property as a recreational park shall be maintained, and provided, further, that the primary function of such restaurant shall be the preparation, sale and serving of food for consumption within the restaurant building and not for take-out or fast foods;
B. Temporary food concession within the Recreational Park District, upon the recommendation of the Parks and Recreation Board, provided that such use is intermittent and/or occasional, and for a temporary specified period of time;
(11) Locations of businesses that provide commercial entertainment that is primarily directed at minors between the ages of thirteen and seventeen years of age, whether the entertainment is live entertainment or not and whether the entertainment is provided on an exclusive basis or on an intermittent basis. No conditional use permit will be issued to such a business if the business also has a license from the State of Ohio to sell liquor or other alcoholic beverages at the location of such a business. A business may host parties or events at the business location, provided that the parties or events are private and not open to the general public.
(12) Other lawful uses that may not be specified as an allowable use in the land use categories under this Zoning Code, where such uses meet the requirement contained in the definition in division (a) of this section.
(Ord.89-O-21. Passed 11-28-89; Ord.91-O-09. Passed 1-14-92.)
(c) Zoning Permits. An application for a zoning permit for any of the buildings or uses listed in division (b) of this section shall not be granted, and no zoning permit shall be issued, until a conditional use permit has been applied for and issued.
(d) Applications and Hearings. An application for a conditional use permit shall be filed with the Zoning Inspector who shall present the application to the Planning and Zoning Commission. When such application is received by the Commission, the Commission shall set a date, time and place for a public hearing. Notice of the date, time and place of the public hearing on each such application shall be published once a week for two successive weeks, prior to the public hearing, in a newspaper of general circulation in the City.
(e) Planning and Zoning Commission Action; Issuance of Conditional Use Permits.
(1) The Planning and Zoning Commission shall have the power to issue conditional use permits. In deciding whether or not to grant an application for a conditional use permit, the Commission shall determine how the community will be affected if the proposed use is carried out under the specific and limiting standards established for the conditional use. The Commission shall make a determination, based on the evidence presented at the hearing referred to in division (d) of this section, as to how the appropriate use of neighboring property may or may not be injured by the proposed use.
(2) Appropriate conditions and safeguards shall be specified in the permit in order to promote the general welfare, preserve the existing character of the district, protect adjacent property and maintain the general purpose and intent of this Zoning Code, including that any delinquent property taxes on the property be paid in full prior to the issuance of the conditional use permit by the Planning Commission.
(Ord. 2021-O-12. Passed 5-25-21)
(f) Expiration and Renewal. Any conditional use permit issued by the Commission shall specify thereon the time period for which the permit is issued. At any time prior to the expiration of such permit, the permit holder may apply for a renewal of the permit. The Commission, by motion duly made and adopted, may renew the permit with existing conditions or may specify additional conditions as may be required.
(g) Transfer of Permit Prohibited. No conditional use permit issued by the Commission shall be transferred or assigned by the permit holder to any other party. Any other party desiring to use property for which a conditional use permit has been issued shall apply for a new permit pursuant to the provisions of this section.
(h) Revocation of Permit. A conditional use permit will become void if the use for which it is intended is not commenced within a six-month period after the date of approval. The City may revoke a conditional use permit upon written evidence submitted by any resident or official of a violation of this Zoning Code or of the terms and conditions upon which approval was granted.
(Ord.85-O-18. Passed 9-10-85.)