(a) All applications for a conditional use permit shall demonstrate that:
(1) The use is consistent with the policies and intent of the corresponding purpose for the zoning district in which it lies and the City's comprehensive plan.
(2) The use is physically and operationally compatible with the surrounding neighborhood and surrounding existing uses.
(3) The use will be designed, constructed, operated, and maintained so that it does not cause substantial injury to adjoining property.
(4) The use will be adequately served by public facilities and services which include, but are not limited to, water, sewer, electric, schools, streets, fire and police protection, storm drainage, public transit, and public parks/trails.
(5) Adequate off-street parking will be provided on the same property as the permitted conditional use as well as adequate ingress and egress to the property in compliance with the standards set forth in this code.
(6) Any storage of hazardous material will comply with all state, federal, and local regulations, including but not limited to Part 11, Health and Sanitation Code of the City of Moundsville Municipal Code, and all such material will be listed and made known to the Chief of the City of Moundsville Fire Department and Chief of the City of Moundsville Volunteer Fire Department.
(7) The use will not endanger the public health or safety or constitute a public nuisance if located where proposed and developed according to the plans and information submitted and approved.
(8) The use will not conduct operations in connection with the use which are offensive, dangerous, or destructive of the environment.
(b) Conditions may be imposed on a proposed conditional use to ensure that potential significant adverse impacts on surrounding uses will be reduced to the maximum extent feasible, including but not limited to conditions or measures addressing:
(1) Location on a site of activities that generate potential adverse impacts such as noise and glare;
(2) Hours of operation and deliveries;
(3) Location of loading space and delivery zones;
(4) Light intensity and hours of full illumination;
(5) Placement of outdoor vending machines;
(6) Loitering;
(7) Litter control;
(8) Placement of trash receptacles;
(9) On-site parking configuration and facilities;
(10) On-site circulation; and
(11) Privacy concerns of adjacent uses.
(c) Conditional use permit decisions are made by the Board of Zoning Appeals (BZA). In considering the proposed conditional use, the BZA must determine whether the applicable General Standards under Section 1361.02 have been met. The BZA may impose additional conditions and safeguards deemed necessary.
(d) The breach of any condition, safeguard, or requirement shall be considered a violation of the conditional use permit approval. If the applicant fails to comply with any of the applicable requirements of this Zoning Ordinance, the BZA shall have the authority to revoke any conditional use permit after providing notice to the property owner and after public hearing is held in the same manner as the original approval.
(e) Validity of approval. Any conditional use approved by the Board of Zoning Appeals under which the premises are not used, work is not started within six (6) months, or the use or work has been abandoned for a period of one (1) year, shall lapse and cease to be in effect. The BZA may permit one (1) six (6) month extension if the extension is applied for in writing by the applicant prior to the expiration of the approval, provided that the BZA finds that the extension is warranted due to circumstances beyond the control of the applicant.
(f) No application which has been denied wholly or in part by the Board of Zoning Appeals shall be resubmitted for a period of one (1) year from the date of the last denial, unless permitted by the BZA after demonstration by the applicant of a change of circumstances from the previous application. (Passed 10-3-17)