(a) Nature of Conditional Uses.
(1) Specifically listed Conditional Uses are provided within the Zoning District Regulations in recognition that such uses, although often desirable, will more intensely affect the surrounding area in which they are located than the Permitted Uses of such Zoning Districts.
(2) The intent of this Section is to set forth the Development Standards and criteria for locating and developing a Conditional Use in accordance with the nature of the surrounding area, conditions of development, and with regard to appropriate plans.
(b) Written Applications. One copy of a provided application form shall be filed with the Zoning Administrator not less than twenty days prior to the date of the public hearing.
(1) Description of property and intended use. The application shall include the following statements:
A. A legal description of the property.
B. The proposed use of the property.
C. A statement of the necessity or desirability of the proposed use of the neighborhood or community.
D. A statement of the relationship of the proposed use to adjacent property and land use.
E. Such other information regarding the property, proposed use, or surrounding area as may be pertinent to the application or required for appropriate action by the Board of Zoning Appeals.
(2) Plot plan. The application shall be accompanied by two copies of a plot plan, drawn to an appropriate scale, clearly showing the following:
A. The boundaries and dimensions of the lot.
B. The size and location of existing and proposed structures.
C. The proposed use of all parts of the lot and structures, including accessways, walks, off-street parking and loading spaces, and landscaping.
D. The relationship of the proposed development to the Development Standards.
E. The use of land and location of structures on adjacent property.
(c) Actions of the Board. The Board of Zoning Appeals shall hold a public hearing and act on a Conditional Use in one of the following ways:
(1) Public notice. Notice of the public hearing shall be given to the adjoining property owners as set forth in Section 1129.04(c)
(2) Approval. The Board of Zoning Appeals shall approve an application for a Conditional Use if the following conditions are met:
A. The proposed use is a Conditional Use of the Zoning District, and the applicable Development Standards established in this Zoning Ordinance are met.
B. The proposed development is in accord with appropriate plans for the area.
C. The proposed development will be in keeping with the existing land use character and physical development potential of the area.
(3) Approval with modification.
A. The Board of Zoning Appeals may approve with modification an application for a Conditional Use, if the proposed use is a Conditional Use of the Zoning District and the applicable Development Standards are met, but plot plan modification is required:
1. To be in accord with appropriate plan for the area.
2. To prevent undesirable effects on adjacent property and the surrounding area.
B. Such modification may be a limitation on the extent or intensity of development, a requirement for additional screening by fence or landscaping, a change in the method or plan for lighting, control of access, or other conditions of development as may be required. Recommendations regarding the modification of plans or other appropriate actions shall be stated with the reasons for each recommendation.
(4) Disapproval. The Board of Zoning Appeals shall only disapprove an application for a Conditional Use for any one of the following reasons:
A. The proposed use is not a Conditional Use of the Zoning District, or the applicable Development Standards are not and cannot be met.
B. The proposed development is not in accord with appropriate plans of the area.
C. The proposed development will have undesirable effects on the surrounding area and is not in keeping with the existing land use character and physical development potential of the area.
(5) Conditional use approval. Upon a favorable finding, the Board of Zoning Appeals shall approve the Conditional Use application within 30 days following the public hearing.
(6) Conditional use permit. A Certificate of Zoning Compliance may be issued only for an approved Conditional Use within a period of one year from the date of final approval by the Board of Zoning Appeals.
(7) Building permit. A Building Permit may be obtained only for the development of accordance with the approved plot plan.
(Ord. 363. Passed 6-22-81.)