(a) Purpose. The purpose of a conditional use procedure is to allow consideration for certain uses that due to their unique and special nature relative to location, design, size, operations, circulation, and general impact on the community, need to be evaluated on an individual basis.
(b) Applicability. This section shall apply to all applications for establishment of a conditional use as may be identified in this code.
(c) Conditional use review procedure. The review procedure for a conditional use review shall be as follows:
(1) Step 1 - application. The applicant shall submit an application in accordance with § 1226.02, and with the provisions of this section.
(2) Step 2 - Staff review and staff report.
A. Upon determination that a conditional use application is complete, the Development Code Administrator shall refer the application to the Planning Commission.
B. Prior to the Planning Commission hearing for the conditional use application, the Development Code Administrator shall review the application and prepare a staff report.
(3) Step 3 - Planning Commission review and decision.
A. The Planning Commission shall hold a public hearing on the conditional use application at its next regularly scheduled meeting or at a special meeting after the application is determined to be complete, subject to the submittal deadlines established by the Development Code Administrator.
B. In reviewing the application, the Planning Commission shall at a minimum, consider the staff report from the Development Code Administrator and the review criteria of this section.
D. In making its decision, the Planning Commission may approve, approve with modifications or supplementary conditions, or deny the application.
E. If approved, the Planning Commission shall direct the Development Code Administrator to issue a conditional use certificate listing any conditions specified by the Planning Commission in granting its approval.
F. If approved, the applicant shall be required to submit revised plans to the Development Code Administrator that illustrate plans as approved by the Planning Commission. Only after such plans have been submitted may the applicant submit an application for a certificate of zoning compliance.
(d) Review criteria. Decisions on a conditional use application shall be based on consideration of the following review criteria. All conditional uses shall be subject to review under the criteria of this section, as applicable, and may be subject to additional use-specific standards.
(1) The proposed conditional use is established as an allowed conditional use in the applicable zoning district;
(2) The proposed use is consistent with the spirit, purpose and intent of the master plan and the general purpose of this code;
(3) The proposed use complies with any use-specific standards as may be established for the use;
(4) Any building or structure constructed, reconstructed, or altered as part of a conditional use in a residential zoning district shall, to the maximum extent feasible, maintain the exterior appearance of residential buildings of the type otherwise permitted and shall have suitable landscaping, screening, and fencing wherever deemed necessary by the Planning Commission;
(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 general vicinity, and that such use will not change the essential character of the same area;
(7) The proposed use 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;
(8) The circulation on and access to the property shall be so designed as not to create an interference with traffic on surrounding public thoroughfares;
(9) The design of the buildings, structures, and site will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance;
(10) The proposed use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district; and
(11) Wherever no specific areas, frontage, height, or setback requirements are specified in provision for a specific conditional uses, then such use shall be subject to the site development standards for the applicable zoning district.
(e) Additional criteria and conditions.
(1) The Planning Commission shall be authorized to waive or modify requirements that apply to the conditional use as may be necessary to achieve compatible development with adjacent land areas as well as in the interest of the community in general where the Planning Commission finds that such waiver or modification will further the protection of the general welfare, protect individual property rights, and ensure that the conditional use will meet the intent and purposes of this code.
(2) The Planning Commission may also impose additional conditions, guarantees, and safeguards as it deems necessary to protect the general welfare and individual property rights, and to ensure that the conditional use will meet the intent and purposes of this code.
(f) Revocation of a conditional use approval. Planning Commission may revoke a conditional use approval after holding a hearing if it is determined that the terms and conditions of the conditional use approval have not been or are not presently being met.
(g) Time limit.
(1) A conditional use permit shall be deemed to authorize only one particular conditional use and said permit shall automatically expire if, for any reason, the conditional use shall cease for more than one year.
(2) The applicant shall submit a completed application for a certificate of zoning compliance within one year of the date the conditional use permit was issued or the approval shall expire.
(3) Upon expiration of a conditional use permit approval, a new application, including all applicable fees, shall be required before a conditional use application will be reviewed.
(4) Upon written request, one extension of six months may be granted by the Development Code Administrator if the applicant can show good cause for a delay.
(5) As part of the conditional use approval, the Planning Commission may authorize alternative time limits for issuing a certificate of zoning compliance based on the scale of the proposed development.
(h) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Planning Commission shall have the right to appeal the decision of the court of common pleas as provided in R.C. Chapters 2505 and 2506.
(Ord. O2018-02, passed 2-20-2018)