(a) Purpose. The purpose of a conditional use 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 the establishment or modification of a conditional use as may be identified in this code.
(c) Conditional Use Review Procedure. The review procedure for considering a conditional use shall be as follows:
(1) Step 1 - Pre-Application Meeting (Optional). An applicant may request to have a pre-application meeting with the Village Administrator, Zoning Administrator, and/or Planning Commission to informally discuss the application and any concept plans. Such a meeting shall be subject to Section 1105.02(f).
(2) Step 2 - Application. The applicant shall submit an application in accordance with Section 1105.02: Common Review Requirements and with the provisions of this section.
(3) Step 3 - Village Administrator Review.
A. Upon determination that a conditional use application is complete, the Village Administrator shall forward the application to the Planning Commission and may distribute the application to other departments or agencies for review and comment.
B. Upon receipt of comments, the applicant shall have the option to make revisions to the application and plans based on the comments prior to being forwarded to the Planning Commission or may request that the application be forwarded to the Planning Commission without revisions.
C. The Village Administrator shall place the conditional use application on the agenda for the next meeting of the Planning Commission, provided notice is given, or may work with the Planning Commission to set a special meeting to hear the conditional use application.
(4) Step 4 - Planning Commission Review and Decision.
A. The Planning Commission shall hold a public hearing on the conditional use application at a public meeting.
C. See Section 1103.04(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 ninety (90) days of the determination that the application is complete, 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 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.
G. The decision on a conditional use 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.
H. 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.
(5) Step 4 - Village Council Review and Confirmation.
A. Village Council shall review the Planning Commission's decision at a regularly scheduled meeting or special meeting.
B. Village Council may confirm the decision of the Planning Commission by a simple majority vote or may overturn the decision of the Planning Commission by a three-fourths vote of the total Village Council membership. The decision of the Village Council shall stand.
C. Failure of the Village Council to act within forty-five (45) days from the date the Village Council receives the decision from the Planning Commission shall be deemed a confirmation of the Planning Commission's decision.
(d) Review Criteria. Decisions on a conditional use application shall be based on consideration of the following review criteria. All conditional use 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, purpose, and intent of the comprehensive land use plan, the general purpose of this code, and the purpose 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 1107: 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, or general welfare;
(5) The proposed use will comply with all applicable development standards unless a 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, or 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 other 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 considers 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, and 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 (See Section 1107.06.) for the proposed use related to lot and site regulations, then such use shall be subject to the lot and site regulations for the applicable zoning district.
(e) Revocation of a Conditional Use Permit Approval. The breach of any condition, safeguard, or requirement shall automatically invalidate the conditional use approval and shall constitute a violation of this code. Such violation shall be punishable as specified in Chapter 1127: Enforcement and Penalties.
(f) Time Limit.
(1) The applicant shall have acquired the approval of all necessary zoning and building permits, and commenced use or construction within one year of the date the conditional use permit was approved, or the approval shall expire.
(2) A conditional use approval shall be deemed to authorize only one particular conditional use and said approval shall automatically expire if, for any reason, the conditional use shall cease for more than (1) one year.
(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, one extension of six (6) months may be granted by the Village Administrator if the applicant can show good cause for a delay.
(5) As part of the conditional use approval, the Planning Commission may authorize alternative time limits for zoning and building permit issuance based on the scale of the proposed development.
(g) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Village Council shall have the right to appeal the decision to the Lorain County Court of Common Pleas as provided in ORC Chapters 2505 and 2506.
(Ord. 2879. Passed 10-23-23.)