1137.04 PROCEDURES AND REQUIREMENTS FOR APPROVAL OF CONDITIONAL USE PERMITS.
Approval of a conditional use permit shall conform to the procedures and requirements of this Section, inclusive of this Ordinance, unless modified in accordance with the requirements of Chapter 1173.
A. General
It is recognized that an increasing number of new kinds of uses are appearing daily and that many of these and some other more conventional uses, possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation and public facilities, that each specific use must be considered individually. These specific uses as they are conditionally permitted under the provisions of Title Nine, inclusive, shall follow the procedures and requirements set forth in Section 1137.04, inclusive.
B. Contents of Application for Conditional Use Permit
An application for conditional use permit shall be filed with the Zoning Inspector by at least one (1) owner or lessee of property for which such conditional use is proposed. At a minimum, the application shall contain the following information:
1. Name, address, and phone number of applicant.
2. Legal description of property.
3. Description of existing use.
4. Zoning district.
5. Description of proposed conditional use.
6. A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards, and such other information as the Board may require to determine if the proposed conditional use meets the intent and requirements of this Ordinance.
7. A narrative statement evaluating the effects on adjoining property, the effect of such elements as noise, glare, odor, fumes, and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the comprehensive plan.
C. General Standards Applicable to All Conditional Uses
In addition to the specific requirements for conditionally permitted uses as specified in this Ordinance, the Board of Zoning Appeals shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use is at the proper location:
1. Is in fact, a conditional use established under the provision of Title Nine, inclusive.
2. Will be harmonious and in accordance with the general objectives, or with any specific objective of the City’s Comprehensive Plan and/or the Zoning Ordinance.
3. Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.
4. Will not be hazardous or disturbing to existing or future neighboring uses.
5. Will be served adequately by essential 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 shall be able to provide adequately any such services.
6. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
7. 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, vibration, smoke, fumes, glare, or odors.
8. Will have vehicular approaches to the property which shall be de signed so as not to create an interference with traffic on surrounding public thoroughfares.
9. Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
D. Specific Criteria for Conditional Uses
In granting any conditional use, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Ordinance and punishable under Section 1133.016.
E. Public Hearing by the Board of Zoning Appeals
The Board of Zoning Appeals shall hold monthly meetings. Meetings may be cancelled at the discretion of the Chairman if there is no business to conduct. Special sessions may be called at the discretion of the Chairman.
(Ord. 2002-52. Passed 8-6-02.)
1. Notice of Public Hearing in Newspaper
Prior to holding the public hearing required in Section 1137.04.E., notice of such hearing shall be given in one (1) or more newspapers of general circulation of the City at least ten (10) days before the date of said hearing. The notice shall set forth the time and place of the public hearing and the specific item to be considered.
2. Notice to Parties of Interest
Prior to holding the public hearing required, written notice of such hearing shall be mailed to all to property owners of adjoining parcels or parcels within three hundred feet (300') of affected property from the Clerk of the Board of Zoning Appeals by first class mail at least ten (10) days before the day of the hearing. The mailing list shall be supplied to the Clerk by the property owners requesting the conditional use. The notice shall contain the same information as required of notices published in newspapers, as specified in Section 1137.04.E.
F. Action by the Board of Zoning Appeals
2. If the application is approved or approved with modification, the Board shall direct the Zoning Inspector to issue a conditional use permit listing the specific conditions specified by the Board for approval. If the application is disapproved by the Board, the applicant may seek relief through the Huron County Court of Common Pleas.
3. Appeals from decisions shall be made in the manner specified in Section 1135.08.
G. Expiration of Conditional Use Permit
A conditional use permit shall be deemed to authorize only one (1) particular conditional use. Such permit shall automatically expire if, for any reason, the conditional use has not been implemented within one (1) year of issuance of the permit or if such use ceases for more than two (2) years.
H. Revocation of a Conditional Use Permit
Violation of the conditional use as approved shall be grounds for revocation of the conditional use permit. For proof that the conditional use does not comply with Section 1137.04, written complaints filed with the Board of Zoning Appeals of more than fifty percent (50%) of the property owners or authorized tenants within a three hundred foot (300') radium shall be required. For other violations, the Zoning Inspector shall be required to furnish appropriate proof of non-compliance. The Board of Zoning Appeals may revoke a conditional use permit but only after a public hearing is conducted according to procedures outlined in Sections 1137.04.E. through 1137.04.H.
I. Supplementary Conditions and Safeguards
In granting any conditional use, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Ordinance and punishable under Section 1133.016 of this Ordinance.