§ 152.201 PUBLIC HEARING.

   Prior to the approval, amending or denial of a conditional use permit, a public hearing shall be held in accordance with the provisions of § 152.009 of this chapter. Upon the completion of said public hearing, the Zoning Board of Appeals shall render a decision within a time limit as required by law.

(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)

§ 152.202 DETERMINATION; AUTHORIZATION.

   (A)   The Zoning Board of Appeals, shall have the authority to impose conditions and safeguards as deemed necessary to protect and enhance the health, safety and welfare of the surrounding area.

   (B)   The authorization of a conditional use permit shall not be made unless the evidence presented is such as to establish:

      (1)   Such use will not, under the specific circumstances of the particular case, be detrimental to the health, safety or general welfare of the surrounding area and that the proposed use is necessary or desirable and provides a service or facility that contributes to the general well being of the surrounding area;

      (2)   Such use will comply with the regulations and conditions specified in this chapter for such use; and

      (3)   The Zoning Board of Appeals shall itemize, describe or justify, then have recorded and filed in writing, the conditions imposed on the use.

(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)

§ 152.203 EXPIRATION AND REVOCATION.

   (A)   General. Any granted conditional use permit shall become null and void within one year of the date of approval if not exercised. A conditional use permit shall be considered exercised when the use has been established or when a building permit has been issued and substantial construction accomplished. If the permit is abandoned or discontinued for a period of one year, it may not be reestablished unless authorized by the Zoning Board of Appeals.

   (B)   Revocation. A conditional use permit may be revoked if the applicant fails to comply with the imposed conditions by the Zoning Board of Appeals.

(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)

§ 152.204 AMENDMENTS.

   An amendment to an approved conditional use permit shall be submitted to the Code Official accompanied by supporting information, and the Code Official shall in turn forward the amendment to the Zoning Board of Appeals. The Zoning Board of Appeals shall hold a public hearing in accordance with the requirements established by § 152.202 of this chapter and shall review the amendment and shall be permitted to grant, deny or amend such amendment and impose conditions deemed necessary.

(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)

§ 152.205 CONDITIONAL USE REVIEW CRITERIA.

   (A)   A request for a conditional use shall be permitted to be approved, approved with conditions or denied.

   (B)   Each request for a conditional use approval shall be consistent with the criteria listed below:

      (1)   The request is consistent with all applicable provisions of the comprehensive plan;

      (2)   The request shall not adversely affect adjacent properties;

      (3)   The request is compatible with the existing or allowable uses of adjacent properties;

      (4)   The request can demonstrate adequate public facilities, including roads, drainage, potable water, sanitary sewer, and police and fire protection exist or will exist to serve the requested use at the time such facilities are needed;

      (5)   The request can demonstrate adequate provision for maintenance of the use and associated structures;

      (6)   The request has minimized, to the degree possible, adverse affects on the natural environment;

      (7)   The request will not create undue traffic congestion;

      (8)   The request will not adversely affect the public health, safety or welfare; and

      (9)   The request conforms to all applicable provisions of this chapter.

(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)

PLANNED UNIT DEVELOPMENT

§ 152.220 GENERAL PROVISIONS.

   (A)   Planned unit developments (PUDS) shall be allowed by Planning Commission approval in any zoning district. No planned unit development permit shall be granted unless the development will meet the use limitations of the zoning district in which it is located and meet the density and other limitations of such districts, except as such requirements may be lawfully modified as provided by this chapter. Compliance with this chapter in no way excuses the developer from the applicable requirements of a subdivision, except as modifications thereof are specifically authorized in the approval of the application for the planned unit development.

   (B)   The requirements of this chapter relating to a PUD provides a means for effecting desirable and quality development by permitting greater flexibility and design freedom than may otherwise be permitted under the chapter, and seeks to accomplish a well-balanced, aesthetically satisfying city and economically desirable development of building sites within a PUD. The requirements of this chapter relating to a PUD are established to permit latitude in the development of the building site if that development is found to be in accordance with the purpose, spirit and intent of this chapter and is found not to be hazardous, harmful, offensive or otherwise adverse to the environment, property values or the character of the neighborhood or the health, safety and welfare of the city. The requirements of this chapter relating to a PUD are intended to permit and encourage diversification, variation and imagination in the relationship of uses, structures, open spaces and heights of structures for developments conceived and implemented as comprehensive and cohesive unified projects, and to encourage more rational and economic development with relationship to public services, and to encourage and facilitate preservation of open lands.

(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)