(A) Under the authorization granted in R.C. Chapter 713.11, to hear and decide special exceptions to the terms of this chapter, the Board shall have the power to decide applications for conditional uses in those cases specified in §§ 153.040 to 153.050. In considering such applications, the Board shall give due regard to the nature and purpose of the proposed conditional use and to the nature and condition of all adjacent uses and structures; may impose such requirements and conditions as the Board may deem necessary for the protection of adjacent properties and the public interest, including specific limitations as to future expansion; and, may reject applications for conditional uses other than churches, educational institutions, and parochial schools (elementary and high) where the actual and specific use proposed would, in the reasonable judgment of the Board, be inappropriate for the zoning district and detrimental to adjacent uses and structures or to the neighborhood. Where a proposed conditional use is both specifically and generally described under §§ 153.009 and 153.040 to 153.050, the use shall be permitted only in the district where it is most specifically described.
(B) The following basic standard shall apply to conditional uses in any “A” or “R” District.
(1) The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its site layout, and its relation to streets giving access to it shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection with it will not be hazardous, inconvenient, or conflict with the normal traffic on residential streets, both at the time and as the same may be expected to increase with any prospective increase in the population of the area, taking into account convenient routes of pedestrian traffic, particularly of children, relation to main traffic thoroughfares and to street intersections, and the general character and intensity of development of the area.
(2) The location and height of buildings, the location, nature, and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
(3) The actual and specific use for which application is made (other than churches, educational institutions, and parochial schools (elementary and high)) shall be appropriate to the zoning district in which the site is located and shall not be detrimental to adjacent uses and structures or to the neighborhood.
(C) The following basic standard shall apply to conditional uses in any “C” or “M” District.
(1) The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its site layout and its relation to streets giving access to it shall be such that vehicular traffic to and from the use will not be more hazardous than the normal traffic of the district, both at the time and as the same may be expected to increase with increasing development of the village, taking into account vehicular turning movements in relation to routes of traffic flow, street intersections, sight distances, and pedestrian traffic.
(2) The nature, location, size, and site layout of the use shall be such that it will be a harmonious part of the Business or Industrial District in which it is situated, taking into account prevailing shopping habits, convenience of access by prospective patrons, the physical and economic relationships of one type of use to another, and characteristic groupings of uses in a Commercial or Industrial District.
(D) Upon receipt of an application for approval of a conditional use and prior to setting a date for a public hearing thereon pursuant to this subchapter, the Board shall submit the application for approval of the conditional use and all supporting documentation to the Planning Commission for review and shall receive its recommendation. The Planning Commission shall review the application and materials submitted for compliance with the criteria set forth in this chapter for such conditional use and shall review such application’s general compliance with the objectives of this chapter. The Planning Commission may recommend approval or disapproval of the application or may recommend conditions or restrictions upon the approval of the application. The Board shall consider the recommendation of the Planning Commission in reaching its decision on the application.
(Ord. 1141, passed 9-1-1998)