Any application for a conditional zoning certificate for use of any land or structure permitted under this Zoning Code shall be submitted in accordance with the following procedure:
(a) Submission of Application. An application shall be submitted to the Planning and Zoning Commission on a special form for that purpose. Each application shall be accompanied by the payment of a fee as indicated in Section 1278.23.
(b) Data Required With Application. The following data shall be required with the application:
(1) The form supplied by the Planning and Zoning Commission and completed by the applicant.
(2) The site plan, plot plan or development plan of the entire property being considered drawn to a reasonable scale and showing the location of all abutting streets, grading, utilities, traffic, parking, streets and boundaries; the location of all existing and proposed structures; and the type of buildings and their uses.
(3) One set of architectural plans and specifications for all proposed development and construction.
(4) A statement supported by substantiating evidence regarding the requirements enumerated in Section 1274.03.
(5) The owner shall authorize the City to place a temporary sign of reasonable size on the property that provides reasonable notification of the conditional use request.
(6) A list of the names and addresses of the owners of property contiguous to the boundary of the property and across the street from the property proposed for the conditional use. The petitioner shall use the names and addresses available at the Portage County tax map office and the Portage County auditor’s current tax list on the day of filing. It shall be the applicant’s responsibility to obtain and submit accurate information.
(7) The map and supporting material shall be submitted in sufficient number as established by the Planning and Zoning Commission.
(c) Review by Planning and Zoning Commission; Hearing Required.
(1) The Commission shall review the proposed development, as presented on the submitted plans and specifications, in terms of the standards established in this Zoning Code, for the health, safety and welfare of the community.
(2) After adequate review and study of any application, the Commission shall hold a public hearing or hearings upon every application after at least one publication in a newspaper of general circulation in the City at least 14 days prior to the date of the hearing; such notice shall indicate the place, time and subject of the hearing. The City shall place the sign authorized in above division (b) to be placed on the property at least ten days prior to the meeting. Further, the Secretary of the Planning and Zoning Commission shall notify at least ten days prior to the meeting, by first class mail, all property owners contiguous or across the street from the subject property, consistent with the names provided by the petitioner. It is the responsibility of the petitioner, not the City, to ensure the accuracy of names and addresses.
(3) The Commission shall make a determination within 60 days. The 60 days within which a decision shall be rendered should commence following the initial public hearing, so that prior to the public hearing, any special reports or surveys required by the Commission can be accomplished.
(d) Issuance and Revocation of Certificate.
(1) Only upon conclusion of hearing procedures relative to a particular application and the making of a determination that the issuance of the certificate is necessary for the health, safety and welfare of the community, may the Planning and Zoning Commission issue a conditional zoning certificate. The breach of any condition, safeguard or requirement shall automatically constitute a violation of this Zoning Code. Such violation shall be punishable as provided in Section 1262.99.
(2) The conditional zoning certificate shall become void at the expiration of one year after the date of issuance unless construction is started and reasonably continued toward completion.
(3) Any use authorized by a conditional zoning certificate shall become void if such use is discontinued for a period of one year.
(e) Reapplication. No application for a conditional zoning certificate which has been denied wholly or in part by the Commission shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions which would be sufficient to justify reconsideration by the Commission.
(f) Time period. A conditional use that has been granted by the Planning and Zoning Commission is limited to a 12-month period. During this 12-month period the applicant must fully implement the conditional use. In the case of hardship or practical difficulty the Chair of the Planning and Zoning Commission may extend this period by one time period not more than six months in length.
(Ord. 2001-081. Passed 8-6-01; Ord. 2002-059. Passed 7-1-02.)