Conditional use permits shall be required for certain types of uses, so classified because of their uncommon or unique characteristics, infrequency of occurrence, large area requirements or special nature relative to size, design, location and mode of operation that each use be considered individually. Such use shall not be permitted by right. This Code provides for more detailed evaluation of each use conditionally permitted in a specific district to ensure compliance with the procedures and requirements of this section.
(a) Application. In addition to the information required by the general application requirements set forth in Section 1111.03, the application shall be accompanied by sufficient information so that the Planning Commission can have no doubt as to the proposed use, and can determine the effect upon the surrounding properties, and can evaluate the effect of the proposed use upon traffic, fire hazards, public utilities and the public health, safety and welfare of the City of Painesville. Such information may include but shall not be limited to:
(1) A preliminary site plan.
(2) A traffic analysis.
(3) A drainage analysis.
(4) Evidence of financial capability.
(5) A construction schedule.
(6) Such other information as the Commission may deem necessary.
(b) Notice and Hearing. The Planning Commission shall hold a public hearing on each application for a conditional use permit in accordance with Section 1111.02.
(c) Standards for Evaluating Applications.
(1) The Planning Commission shall act upon a request within a reasonable time thereafter. The Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find that the applicant has provided adequate evidence showing that such use at the proposed location:
A. Is in fact a conditional use as allowed in the applicable zoning district.
B. Will be in harmony with the existing or intended character of the neighborhood and that such use will not change the essential character of the area.
C. Will not adversely affect the use and enjoyment of the adjacent property.
D. Will not adversely affect the health, safety, or welfare of persons residing or working in the neighborhood.
E. Will be served adequately by public facilities and services including but not limited to highways, roads, police and fire protection, drainage facilities, water, sewer or schools.
F. Will not have vehicular approaches that create an interference with traffic on surrounding public thoroughfares.
G. Will not result in the destruction, loss or damage of a natural or scenic feature of importance or a designated historic building.
H. Will be in accordance with the general or specific objectives, and the purpose and intent of this Code and the Comprehensive Plan.
(2) The Commission may request additional information as it deems necessary to review a request and may continue the hearing to allow for further review.
(d) Action by the Planning Commission.
(1) If the Commission finds that a request does not meet the above criteria, the request shall be denied. Such denial shall be in writing and shall state the reasons for denial. A copy of the findings shall be provided to the applicant. Appeals of the final decision of the Planning Commission shall be made to the Lake County Court of Common Pleas in accordance with the laws of the state.
(2) In granting any conditional use permit, the Planning Commission may impose such conditions as it may deem necessary to protect the public welfare, preserve the purpose and intent of this section, and protect the character of the neighboring properties. Such conditions may include, but shall not be limited to the regulation of:
A. Setbacks;
B. Screening and buffers;
C. Noise;
D. Hours of operation;
E. Access and traffic;
F. Glare;
G. Vibration;
H. Odors;
I. Dust;
J. Smoke;
K. Hazardous materials; and
L. Refuse matter or water-carried waste.
(e) Council Notification. The Administrator shall immediately provide written notification to the Clerk of Council of the City of Painesville when a conditional use permit has been granted by the Planning Commission. Within 15 days after the Clerk’s receipt of such notification, a majority of the members of Council may, in writing, request that the Clerk set a public hearing to review the decision of the Commission. Council may affirm, amend or deny the permit and in such event, the decision of the Council shall be final. Notice of such hearing by Council shall be given as provided in Section 1111.02. If no hearing is requested, the decision of the Commission shall be final. In such event, or if Council affirms the decision of the Commission, the Administrator shall prepare and issue a conditional use permit which shall clearly state any and all required conditions.
(f) Continuation. Conditional use permits approved by the Commission shall be granted for a specified use. If a conditional use approved by the Commission is sold leased or transferred the successor or assigns shall notify the City and shall be bound by the same requirements as the original applicant. If a successor or assign alters the use the Commission shall review the imposed conditions and may reaffirm, modify or delete said conditions.
(g) Limitation. A conditional use permit shall become null and void if the applicant does not commence operation of the approved use within six months of the date of issuance, if the applicant does not apply for zoning and/or building permits or if the use shall cease for a period of one year after it had been established. The applicant may request of the Planning Commission an extension of the term of the permit if the use has ceased or has not been established within the previously specified time period.
(h) Revocation. The Planning Commission may revoke a conditional use permit upon a finding that the use is in violation of the provisions of this Code and/or the terms and conditions upon which approval of the conditional use was based.
(i) Modification. The Planning Commission shall review and approve any modification of an existing conditional use following the same procedures and requirements for the initial establishment of a conditional use unless the Administrator determines that the modification does not alter the essential character of the original conditional use as approved. In such case, the modification can be reviewed through the certificate of compliance procedure set forth in Section 1111.07
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(Ord. 16-19. Passed 9-16-19; Ord. 09-21. Passed 5-3-21; Ord. 18-22. Passed 10-3-22.)