(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 a case-by-case basis.
(b) Conditional Use Review Procedure. The review procedure for a conditional use shall be as follows:
(1) Step 1 - Application. The applicant shall submit an application in accordance with Section 1103.02 and with the provisions of this section.
(2) Step 2 - Administrative Staff Review.
A. Upon determination that a conditional use application is complete, the ZEO shall forward the application to the MPC and may distribute the application to other departments or agencies for review and comment.
B. The ZEO may consolidate any comments from the public received in advance of the hearing and comments from any City departments or other agencies into a report for the MPC to review as part of Step 3.
(3) Step 3 - MPC Review and Decision.
A. The MPC shall hold a public hearing within thirty (30) days of the determination that the conditional use application is complete, provided adequate notification is provided pursuant to Section 1103.02(j).
B. In reviewing the application, the MPC shall, at a minimum, consider the review criteria of this section.
C. The MPC may request that the applicant supply additional information that the MPC deems necessary to review and evaluate the application.
D. Within thirty (30) days of the close of the public hearing, or an extended timeframe approved by the applicant, the MPC shall render a decision. In making its decision, the MPC may approve, approve with modifications or supplementary conditions, or deny the application.
E. The ZEO shall notify the applicant of the decision of the MPC.
F. If the MPC fails to make a recommendation within the established timeframe, or an extended timeframe approved by the applicant, the application shall be deemed denied.
G. The decision of the MPC shall become effective immediately.
H. In approving a conditional use, the MPC may impose conditions on the approval to ensure compliance with the standards of this section and the purpose of this code. Any conditions established by the MPC shall relate directly to the requested conditional use.
I. Any violation of the conditions of approval shall be a violation of this code, subject to the enforcement and penalties of Chapter 1116: Enforcement and Penalties.
(c) Review Criteria. Decisions on a conditional use application shall be based on consideration of the following review criteria. All conditional use applications shall be subject to review under the criteria of this section, as applicable, and may also be subject to additional use-specific standards, as established in this code.
(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, purposes and intent of adopted plans, the general purposes of this code, and the purposes of the zoning district in which the conditional use will be located;
(3) The proposed use complies with any use-specific standards as may be established for the use as may be established in this code;
(4) The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, convenience, comfort, prosperity or general welfare;
(5) The proposed use will comply with all applicable development standards unless an alternative equivalency review or variance is approved in accordance with this code;
(6) The proposed use will be harmonious with the existing or intended character of the general vicinity, and such use will not change the essential character of the same area;
(7) The conditional use will not be hazardous or disturbing to the existing and future use and enjoyment of property in the immediate vicinity for the uses permitted, nor substantially diminish or impair property values within the neighborhood;
(8) The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any person, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors;
(9) Adequate public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use will be or are being provided;
(10) Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the surrounding public streets, and adequate consideration has been given to the proximity of access drives to street intersections relative to the anticipated volume of traffic;
(11) 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;
(12) The use will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance;
(13) There is minimal potential for future hardship on the conditional use that could result from the proposed use being surrounded by uses permitted by right that may be incompatible; and
(14) Wherever there are no use-specific standards for the proposed use related to street frontage, height, setbacks, or other lot and site regulations, then such use shall be subject to the lot and site regulations for the applicable zoning district.
(d) Time Limit.
(1) A conditional use approval 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 six (6) months.
(2) The applicant shall submit a completed application for a zoning permit and start work within one year of the date a conditional use was approved or the approval shall expire.
(3) Upon expiration of a conditional use, 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 ZEO if the applicant can show good cause for a delay.
(5) As part of the conditional use approval, the MPC may authorize alternative time limits for zoning permit issuance based on the scale of the proposed development.
(e) Revocation of a Conditional Use Approval. The breach of any condition, safeguard, or requirement shall automatically invalidate the conditional use approval, and shall constitute a violation of this code. Such violation shall be punishable as specified in Chapter 1116 Enforcement and Penalties.
(f) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the MPC shall have the right to appeal the decision to the court of common pleas of the applicable county, as provided in ORC Chapters 2505 and 2506.
(Ord. 2024-032. Passed 7-22-24.)