(a) Reviews of applications for conditional uses shall be conducted by the Planning and Zoning Administrator in accordance with the provisions set forth under this section; provided however, if, the Planning and Zoning Administrator determines in his or her professional opinion that an application warrants public review, then the Planning and Zoning Administrator shall forward such application to the BZBA for review. The intent of the procedure for authorizing a conditional use is to set forth the development standards and criteria for locating and developing conditional uses in harmony with the character of the surrounding area, conditions of development and with regard to appropriate laws.
(b) In addition to such standard information regarding the subject property and the applicant, the application for a conditional use shall contain the following:
(1) Description of the zoning district and existing uses of adjacent lots;
(2) A statement of the conditional use for which the application is submitted;
(3) Including a description of the activities proposed on the subject property, the goods and services sold or provided, hours of operation, anticipated number of employees, nature and volume of delivery activity, and other information which will assist the BZBA with understanding the nature of the proposed use and its potential impacts;
(4) A plan of the proposed site and improvements showing the proposed location of all structures, parking and loading areas, streets and traffic accesses, open spaces, refuse and service areas, utilities, signs, yards, landscaping, and other relevant features;
(5) A narrative statement describing the compatibility of the proposed use with the existing uses of adjacent lots and with the Land Use Plan, including an evaluation of the effects on adjoining lots of such elements as traffic circulation, noise, glare, odor, fumes, vibration, and storm water, and any measures proposed to mitigate such effects;
(6) A narrative addressing each of the applicable criteria set forth in the standards and requirements for all conditional uses set forth below and, as applicable, the supplementary requirements for special uses set forth under the applicable district or zone regulations.
(7) Such other information as the BZBA deems necessary to make a determination of the compliance of the proposed use with the applicable standards and regulations. Such additional information may include, but shall not be limited to:
A. Traffic impact analysis;
B. Storm water impact analysis; and/or
C. Utility impact analysis.
(c) When review of an application for a conditional use permit is forwarded by the Planning and Zoning Administrator to the BZBA, before approving or denying a request for a conditional use, the BZBA shall hold at least one (1) public hearing on the matter. The BZBA shall cause notice of the hearing to be made in accordance with its standard process for providing notice of a hearing. The notice of hearing shall state thereon the nature of the request and the time and place of the public hearing.
(d) Upon reviewing an application for a conditional use, the Planning and Zoning Administrator or the BZBA, as applicable, shall consider whether the application provides adequate evidence that the proposed conditional use is consistent with the following standards:
(1) The proposed use shall be in harmony with the existing or intended character of the zone or district and nearby affected zones and districts and shall not change the essential character of the zones and districts;
(2) The proposed use shall not adversely affect the use of adjacent property;
(3) The proposed use shall not adversely affect the health, safety, morals, or welfare of persons residing or working in the neighborhood;
(4) The proposed use shall be served adequately by public facilities and services such as, but not limited to, roads, police and fire protection, storm water facilities, water, sanitary sewer, and schools;
(5) The proposed use shall not impose a traffic impact upon the public right-of-way significantly different from that anticipated from permitted uses of the zone or district;
(6) The proposed use shall be in accord with the general and specific objectives, and the purpose and intent of this Zoning Code and the Land Use Plan and any other plans and ordinances of the City;
(7) The proposed use complies with the applicable specific provisions and standards of this Code;
(8) The proposed use shall be found to meet the definition and intent of a use specifically listed as a conditional use in the zone or district in which the subject property is situated.
(e) After review of the application and any additional information presented by the applicant, the Planning and Zoning Administrator or the BZBA, as applicable, shall take action to:
(1) Approval the conditional use, based upon findings of compliance with the standards and requirements of this Code and subject to conditions to ensure compliance with this Code; or
(2) Deny the conditional use, upon finding that the application does not comply with the provisions of this Code.
(f) In approving a conditional use, the Planning and Zoning Administrator or the BZBA, as applicable, may impose such conditions as deemed necessary to protect the public welfare, preserve the purpose and intent of this Code, to protect the character of the surrounding properties and neighborhood affected by the proposed use, and to mitigate the special impacts of the use. Such conditions may include, but shall not be limited to:
(1) Locations, setbacks, and configurations of structures and of uses of interior and exterior space;
(2) Screening comprised of landscaping, walls, fencing or other materials or construction;
(3) Access points and traffic management provisions, including those impacting vehicular and pedestrian access, and the locations and design of parking facilities;
(4) Noise control measures, including those regulating loudspeakers or irregular vehicular or equipment noise;
(5) Other features of construction, including but not limited to paving and parking, signs, and landscaping;
(6) Hours and method of operation;
(7) Maintenance of the site, structures, and landscaping;
(8) Means of controlling glare, vibration, odors, dust, smoke, hazardous materials, refuse matter, water-carried waste, and storm water; and
(9) A time limit for operation of the use, if temporary operation is determined to be a typical characteristic of the proposed use or otherwise appropriate given unique circumstances of the proposed use.
(g) Subsequent to approval by the Planning and Zoning Administrator or the BZBA, and compliance with all applicable conditions of such approval and of this Zoning Code, the Planning and Zoning Administrator shall issue a zoning certificate stating the conditional use and all conditions of its approval.
(h) Approval of a conditional use shall be void upon the occurrence of any or all of the following:
(1) The applicant fails to commence construction of the structure in which the approved conditional use is to be conducted within one (1) year of the date of approval;
(2) The applicant fails to commence the operation of the conditional use within six (6) months of the date of the approval, where such use is to be conducted in an existing structure; and/or
(3) The conditional use is operated in a manner which violates any condition of the approval.
(i) The Planning and Zoning Administrator shall review all approved conditional use permit applications six (6) months after final action to determine if the approved use is in operation and otherwise in compliance with all conditions of approval. Upon such six (6) month review the Planning Zoning Administrator shall proceed in accordance with the circumstances outlined below:
(1) If the Planning and Zoning Administrator finds the conditional use to be in operation and in compliance with the conditions of approval, the Planning and Zoning Administrator shall notify the BZBA of such compliance.
(2) If the Planning and Zoning Administrator finds that construction has not begun, the Planning and Zoning Administrator shall record that information for an additional six (6) month review, and shall notify the BZBA of such inaction.
(3) If the Planning and Zoning Administrator finds a use in an existing structure or building not to be in operation, the permit and zoning certificate shall be deemed revoked and the Planning and Zoning Administrator shall notify the applicant of such revocation as well as the BZBA. Upon such revocation, the applicant shall have the right to appeal that decision of the Planning and Zoning Administrator to the BZBA and request the BZBA allow up to one (1) additional six (6) month period to begin operation following the administrative appeal procedure.
(j) Whenever the Planning and Zoning Administrator determines that a conditional use is being operated in a manner that violates any condition of the use’s approved permit, the permit and zoning certificate shall be considered revoked. The Planning and Zoning Administrator shall notify the permit holder as such, who shall immediately discontinue operation of the use:
(1) If this determination is made in conjunction with the six (6) month review procedure for an approved permit, the Planning and Zoning Administrator shall also notify the BZBA. The applicant shall have the right to appeal this determination of the Planning and Zoning Administrator to the BZBA following the administrative appeal procedure. Upon appeal, the BZBA shall (a) approve upholding the revocation, (b) overturn the revocation and reapprove the conditional use permit or (c) overturn the revocation and modify of the conditions of approval.
(2) If this determination is made at any other time, the Planning and Zoning Administrator shall notify the BZBA. The applicant shall have the right to appeal this determination of the Planning and Zoning Administrator following the normal administrative appeal procedure. Upon appeal, the BZBA shall have the power to uphold the revocation or reapprove the permit.
(k) If this determination is made in conjunction with the six (6) month review procedure for an approved permit, the Planning and Zoning Administrator shall also notify the BZBA. The applicant shall have the right to appeal this determination of the Planning and Zoning Administrator to the BZBA following the administrative appeal procedure. Upon appeal, the BZBA shall (a) approve upholding the revocation, (b) overturn the revocation and reapprove the conditional use permit or (c) overturn the revocation and modify of the conditions of approval.
(l) The conditions of an approved conditional use permit may be amended upon request of the permit holder. Any amendment proceeding shall be conducted in accordance with the procedures, requirements, and standards applicable to review of a new conditional use permit.
(m) Subsequent to disapproval of an application for a conditional use permit, a period of at least one (1) year shall elapse before another application for the same conditional use at the location may be considered by the Planning and Zoning Administrator or the BZBA.
(n) Appeals of decisions of the Planning and Zoning Administrator may be taken to the BZBA pursuant to the procedures set forth under Section 1109.25. Appeals of decisions of the BZBA may be taken to the Franklin County Court of Common Pleas as allowed by R.C. Chapter 2506.
(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)