(a) Approval Required. When a proposed use is permitted in a zoning district as a conditional use, as set forth in the district regulations, a conditional use application shall be required and such application shall be submitted and reviewed according to the requirements in this section.
(b) Determination. Whenever an application for a building permit or certificate of occupancy is submitted, the Zoning Administrator shall determine if conditional use approval is required, based on conditional uses stated in Chapters 722 and 732.
(1) Upon such determination, the application for the building permit or certificate of occupancy shall not be processed by the Zoning Administrator until conditional use approval has been recommended by the Planning Commission in accordance with the provisions and requirements of this section and approved by a majority vote of the members elected to Council.
(2) The Zoning Administrator shall notify the applicant of such determination and shall indicate on the application for such building permit or certificate of occupancy that a conditional use application is required.
(c) Application Required. The applicant shall submit to the Zoning Inspector a conditional use application that shall include drawings and documents as may be deemed necessary by the Zoning Administrator and shall pay an additional fee as set forth in Chapter 765. The applicant shall submit the number of copies required, as determined by the Zoning Administrator. The Zoning Administrator may request any documentation determined essential for the evaluation of the proposed conditional use and its impacts on surrounding uses.
(d) Application Accepted. Within ten days after receiving an application for conditional use certificate, the Zoning Administrator shall review the submitted application for completeness.
(1) If the Zoning Administrator determines that the application does not include all the drawings and documents requested by the Zoning Administrator in division (c) of this section, the Zoning Administrator shall notify the applicant that the application is incomplete and shall identify the additional information needed.
(2) When the application is deemed complete and the application fee has been paid, the Zoning Administrator shall officially accept the application for consideration by the Planning Commission and place it on the Planning Commission's agenda.
(3) The Zoning Administrator shall forward the application to the appropriate City departments and professional consultants for review and comment. Any reports, comments, or expert opinions shall be returned to the Zoning Administrator within ten days from the date the application is accepted.
(4) The Zoning Administrator shall review the application for compliance with the Planning and Zoning Code and shall notify the applicant of any areas of noncompliance. At that time, the applicant shall have the right to:
A. Modify the application in a manner that corrects the noncompliance; or
B. Proceed with the application review process. The applicant shall be informed that the Planning Commission has the authority to either deny the application due to noncompliance or authorize the applicant to apply to the Board of Appeals for a variance.
(5) The Zoning Administrator shall prepare and submit a written report to the Planning Commission of all investigations, facts and findings deemed by him or her to be pertinent to the case.
(6) The Zoning Administrator shall transmit the application and all drawings to the Planning Commission at its next meeting.
(e) Public Hearing. Before making any recommendation to Council on any application for conditional use approval, the Planning Commission shall hold a public hearing.
(1) Such public hearing shall be held within 60 days of acceptance of the application by the Zoning Administrator. Where such proposed conditional use requires or includes a subdivision or re-subdivision of land, such public hearing shall be combined with the required public hearing for subdivision application.
(2) The Planning Commission shall fix the date for the public hearing. Notices of the time and place of such public hearing shall be mailed by the Zoning Administrator to the applicant, to owners of all property within 200 feet of the site, lot or parcel in question and to owners of any other property deemed by the Zoning Administrator to be affected. Owners and addresses shall be determined from the current records of the County Recorder.
(3) The Zoning Administrator shall also cause notice of such public hearing to be published twice for two successive weeks prior thereto in a newspaper of general circulation within South Euclid.
(f) Planning Commission Review. The Planning Commission shall review the proposed conditional use, as presented on the submitted plans and specifications, to determine whether or not the proposed use is appropriate and in keeping with the purpose and intent of this Planning and Zoning Code. The Planning Commission may require the applicant to submit such additional information as deemed necessary, including the carrying out of special studies and the provisions of expert advice.
(g) Planning Commission Recommendation.
(1) Within 75 days of the completion of the public hearing, the Planning Commission shall recommend that Council approve, disapprove, or approve with modifications, the proposed conditional use.
A. If the proposed conditional use is determined by the Planning Commission to be appropriate and in conformance with these regulations, the Planning Commission shall recommend approval of the conditional use. As part of the recommendation, the Planning Commission may include reasonable conditions on the proposed use to ensure that the development conforms to the intent and purposes of these regulations.
B. If the proposed conditional use is determined by the Planning Commission to be appropriate and in substantial conformance with these regulations, the Planning Commission shall recommend approval of the conditional use, subject to approval of a variance from the Board of Appeals. As part of the recommendation, the Planning Commission may include reasonable conditions on the proposed use to ensure that the development conforms to the intent and purposes of these regulations.
(2) Failure of the Planning Commission to act within 75 days of the completion of the public hearing on the conditional use application, or an extended period as may be agreed upon, shall at the election of the applicant be deemed a denial of the application.
(3) The Planning Commission's recommendation, along with the application, shall either be:
A. Transmitted to Council; or
B. Transmitted to the Board of Appeals when the applicant has been granted permission by the Planning Commission to seek a variance from the Board in accordance with division (h) below.
(h) Variances. A request for a variance from any requirement or condition imposed by these regulations and pertaining to an existing or proposed conditional use shall not be reviewed by the Board of Appeals unless the Planning Commission grants permission for the applicant to submit the variance request as part of the Planning Commission's review of a submitted conditional use application. The recommendation from the Board of Appeals on the request for variance, along with the recommendation from the Planning Commission on the conditional use shall be transmitted to City Council for their review of the conditional use application.
(i) Review and Action by City Council. City Council shall, within 120 days after receipt of the Planning Commission's recommendation regarding the conditional use, and recommendation of the Board of Appeals when applicable, approve, disapprove, or approve with modifications, the proposed conditional use. A majority vote of the members elected to Council shall be required.
(1) The purpose of Council's review shall be to confirm or deny the recommendation of the Planning Commission, and Board of Appeals, when applicable. In doing so, Council shall rely on the record of the Planning Commission, and Board of Appeals when applicable.
(2) City Council may, but is not required to, hold a public hearing.
(3) Failure of the City Council to act within 120 days from the date the recommendation from the Planning Commission, and Board of Appeals on the conditional use application, or an extended period as may be agreed upon, shall at the election of the applicant be deemed a denial of the application. In the event City Council conducts a public hearing, the 120-day period shall not include the time between the publishing the notice of the public hearing and the close of the public hearing.
(4) The Zoning Administrator shall notify the applicant in writing of the decision of Council and shall maintain a detailed report of the proceedings and decisions pertinent to the application. Such report shall be open to public inspection and copies shall be sent forthwith to each interested party, the Planning Commission and Council.
(j) Issuance of Permits/Certificates.
(2) Council's action and all conditions of approval of the conditional use shall be noted on all building permits and certificates of occupancy that pertain to such conditional use and which are subsequently issued and shall become part of the official terms, documents and conditions of these building permits and certificates of occupancy.
(k) Terms. Conditional use approval shall authorize a particular conditional use on the specific parcel for which it was approved. Conditional use approval granted pursuant to this chapter shall be valid only for the use and the operation of such use as specified on the certificate. The breach of any condition, safeguard or requirement shall constitute a violation of this Planning and Zoning Code.
(l) Approval Requirements. The Planning Commission shall not recommend approval and Council shall not approve any application for a conditional use unless it is determined that the following conditions have been met:
(1) All standards, requirements, provisions and conditions set forth for such conditional uses in the district in which the building or other structure or tract of land is to be located have been satisfied and complied with.
(2) The location, design or operation of the use shall not generate or tend to generate any hazardous, unsightly, noxious or objectionable condition detrimental to the health, safety and general welfare of the community.
(3) All other specific conditions determined to be necessary and appropriate by the Planning Commission in advising Council on the application, to carry out the purpose of this Planning and Zoning Code and of the zoning district in which such use is to be located, have been met.
(Ord. 74-06. Passed 6-11-07.)