(a) Purpose. The purpose of a conditional use permit procedure is to allow consideration for certain uses that, due to their unique and special nature relative to location, design, size, operations, circulation, and general impact on the community, need to be evaluated on a case-by-case basis.
(b) Applicability. This section shall apply to all applications for establishment or modification of a conditional use, as may be identified in this code.
(c) Conditional Use Permit Review Procedure. The review procedure for a conditional use permit review shall be as follows:
(1) Step 1 - Pre-Application Meeting (Optional). An applicant may request to have a pre-application meeting with the Director of Community Development and/or Planning Commission to informally discuss the application and any concept plans. Such meeting shall be subject to Section 1129.02(f).
(2) Step 2 - Application. The applicant shall submit an application in accordance with Section 1129.02: Common Review Requirements, and with the provisions of this section.
(3) Step 3 - Administrative Staff Review.
A. Upon determination that a conditional use permit application is complete, the Director of Community Development shall forward the application to the PC and may distribute the application to other departments or agencies for review and comment.
B. The Director of Community Development may consolidate any comments from the public received in advance of the hearing and comments from the Community Development Department or other departments and agencies into a report for the PC to review as part of Step 4.
(4) Step 4 - Planning Commission Review and Decision.
A. The Planning Commission shall hold a public hearing on the conditional use application at its next regularly scheduled meeting, or at a special meeting, after the application is determined to be complete.
C. See Section 1127.04(b)(4) for special provisions provided to the Planning Commission as part of a conditional use review.
D. In reviewing the application, the Planning Commission shall, at a minimum, consider the review criteria of this section.
E. Within sixty (60) days of the close of the public hearing, or an extended timeframe approved by the applicant, the Planning Commission shall make a decision on the application. In making its decision, the Planning Commission may approve, approve with modifications or supplementary conditions, or deny the application.
F. The decision on a conditional use permit application shall be incorporated in a statement of conclusions relative to the request under consideration. The decision shall specify the basis for the decision, and any conditions imposed.
G. If the Planning Commission fails to make a recommendation within the established timeframe, or an extended timeframe approved by the applicant, the application shall be deemed denied.
(d) Review Criteria. Decisions on a conditional use permit application shall be based on consideration of the following review criteria. All conditional use permit applications shall be subject to review under the criteria of this section, as applicable, and may also be subject to additional use-specific standards, as established in this code..
(1) The proposed conditional use is established as an allowed conditional use in the applicable zoning district;
(2) The proposed use is consistent with the spirit, purposes and intent of the Comprehensive Plan, the general purposes of this code, and the purposes of the zoning district in which the conditional use will be located;
(3) The proposed use complies with any use-specific standards as may be established for the use in Chapter 1105: Base Zoning Districts and Principal Uses;
(4) The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, convenience, comfort, prosperity or general welfare;
(5) The proposed use will comply with all applicable development standards unless an alternative equivalency review or variance is approved in accordance with this code;
(6) The proposed use will be harmonious with the existing or intended character of the general vicinity, and such use will not change the essential character of the same area;
(7) The conditional use will not be hazardous or disturbing to the existing and future use and enjoyment of property in the immediate vicinity for the uses permitted, nor substantially diminish or impair property values within the neighborhood;
(8) The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any person, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors;
(9) Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;
(10) Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the surrounding public streets, and adequate consideration has been given to the proximity of access drives to street intersections relative to the anticipated volume of traffic;
(11) The design of the buildings, structures, and site will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance;
(12) The establishment of the conditional use will not be detrimental to the economic welfare of the community by creating excessive additional requirements at public cost for public facilities such as police, fire or schools;
(13) There is minimal potential for future hardship on the conditional use that could result from the proposed use being surrounded by uses permitted by right that may be incompatible; and
(14) Wherever there are no use-specific standards for the proposed use related to street frontage, height, setbacks, or other lot and site regulations, then such use shall be subject to the lot and site regulations for the applicable zoning district.
(e) Additional Criteria and Conditions. The Planning Commission may impose such conditions, guarantees, and safeguards as it deems necessary to protect the general welfare and individual property rights, and to ensure that the conditional use will meet the intent and purposes of this code.
(f) Revocation of a Conditional Use Permit Approval. The breach of any condition, safeguard, or requirement shall automatically invalidate the conditional use permit approval, and shall constitute a violation of this code. Such violation shall be punishable as specified in Chapter
1133: Enforcement and Penalties.
(g) Time Limit.
(1) A conditional use approval 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 six months.
(2) The applicant shall acquire the approval of zoning and building permits, and shall commence use or construction, within one year of the date the conditional use permit was approved, or else the conditional use permit approval shall expire.
(3) Upon expiration of a conditional use permit approval, a new application, including all applicable fees, shall be required before a conditional use permit application will be reviewed.
(4) Upon written request prior to expiration of a conditional use permit approval, one extension of six (6) months such approval may be granted by the Director of Community Development if the applicant can show good cause for a delay.
(5) As part of the conditional use permit approval, the Planning Commission may authorize alternative time limits for zoning and building permit issuance based on the scale of the proposed development.
(h) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Planning Commission shall have the right to appeal the decision to the court of common pleas of the applicable county, as provided in ORC Chapters 2505 and 2506.
(Ord. 2022-22. Passed 5-10-22.)