(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 §§ 154.075 through 154.077, shall follow the procedures and requirements set forth in divisions (B) through (G) below.
(B) Contents for application. An application for conditional use permit shall be filed with the Chairperson of the Board of Zoning Appeals by at least one 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 the 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 of Zoning Appeals may require to determine if the proposed conditional use meets the intent and requirements of this chapter; and
(7) A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, odor, and fumes, 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. 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 at the proposed location:
(2) Will be harmonious with, and in accordance with, the general objectives, or with any specific planning objectives of this chapter;
(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, smoke, fumes, or odors; and
(8) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares.
(D) Supplementary conditions, safeguards. In granting any conditional use, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. 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 chapter and punishable under § 154.999(B).
(E) Procedure for hearing, notice. Upon receipt of the application for a conditional use permit, specified in division (B) above, the Board of Zoning Appeals shall hold a public hearing, publish notice in a newspaper, and give written notice to all parties of interest according to the procedures specified in §§ 154.360 through 154.362.
(F) Action by Board of Zoning Appeals.
(1) Within 30 days after the public hearing required in division (E) above, the Board of Zoning Appeals shall either approve, approve with supplementary conditions, as specified in division (D) above, or disapprove the application as presented. If the application is approved or approved with modifications, the Board of Zoning Appeals shall direct the Zoning Officer to issue a conditional use permit listing the specific conditions specified by the Board of Zoning Appeals for approval.
(2) If the application is disapproved by the Board of Zoning Appeals, the applicant may seek relief through the Court of Common Pleas. Appeals from Board of Zoning Appeals’ decisions shall be made in the manner specified in § 154.353.
(G) Expiration of permit. A conditional use permit shall be deemed to authorize only one particular conditional use, and said permit shall automatically expire if, for any reason, the conditional use shall cease for more than two years.
(Ord. 420, passed 3-4-1981)