(A) Purpose. Under some circumstances, a use which more intensely affects an area than those uses permitted in the zoning district in which it is located may nonetheless be desirable and compatible with permitted uses, if that use is properly controlled and regulated. Such uses shall be listed as conditional uses within the respective zoning districts. The Planning and Zoning Board may allow such a conditional use to be established where such circumstances exist and where the conditional use will be consistent with the general purpose and intent of this zoning chapter.
(B) Application for conditional use.
(1) Any person owning or having an interest in property may file an application to use such property for one of the conditional uses provided for by this chapter in the zoning district in which the property is situated. An application for a conditional use shall be filed with the Zoning Inspector, who shall forward a copy to the Planning and Zoning Board.
(2) The application shall contain the following information:
(a) Name, address and phone number of applicant;
(b) Legal description of the property as recorded in the County Recorder’s office;
(c) Present zoning district;
(d) Description of the proposed use;
(e) A plan of the site for the proposed conditional use showing the location of buildings, utilities, parking and loading areas and such other information as the Board may require to determine if the proposed conditional use meets the intent and requirements of this chapter;
(f) A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, light, fumes and vibration on such property and a discussion of the general compatibility of the proposed use with adjacent and other properties in the area; and
(g) Such other information regarding the property, as may be pertinent to the deliberations of the Board.
(C) General criteria for conditional uses. The Planning and Zoning Board shall not approve a conditional use unless it finds that such use at the proposed location meets all of the following requirements:
(1) The use will be consistent and in accordance with the specific conditions in the district regulations where the conditional use is listed, as well as the general objectives of this zoning chapter;
(2) The use will not change the essential character of the same area;
(3) The use will not be a threat to the health and/or safety to existing or future neighboring uses;
(4) The use can be served adequately and efficiently by essential public facilities;
(5) Vehicular access to the property will be provided in such a manner so as to not create adverse impacts on traffic on surrounding public streets or roads; and
(6) The use will not impose objectionable levels of noise, smoke, dust, odor, fumes, vibration or glare upon nearby uses.
(D) Public hearing by the Planning and Zoning Board. In making a decision on the proposed conditional use, the Planning and Zoning Board may hold a public hearing. If a public hearing is held, the requirements for public notice and notification of parties of interest shall be the same as for appeals and variances, as specified in § 152.023(D).
(E) Supplementary conditions. In granting any conditional use, the Board may prescribe reasonable conditions and safeguards in conformance with the purposes and intent of this chapter.
(F) Action by the Planning and Zoning Board. Within 60 days after the next regular meeting of the Board following the submittal of the application pursuant to division (B) above, the Board shall either approve, approve with supplementary conditions as specified in division (E) above or disapprove the application as presented. If the application is approved with supplementary conditions, the Zoning Inspector shall state on the zoning permit the specific conditions listed by the Board for approval. If the application is disapproved, the applicant may seek relief through the Court of Common Pleas, following tie procedures specified for appeals in § 152.023(G).
(G) Expiration and revocation of zoning permit issued under conditional use provisions.
(1) The approval of the zoning permit issued in accordance with division (F) above shall become null and void if such use is not carried out within one year after date of approval; however, the Board may grant an extension of a conditional zoning permit for a period of six months, upon review of a request by the applicant for such extension.
(2) The Board may revoke the conditional zoning permit upon written evidence by the Zoning Inspector of violation of the zoning chapter and/or written terms and conditions upon which approval was based.
(Ord. 97-5, passed 8-4-1997)