(a) Application. Each application for development under this chapter shall comply with the procedures for conditional uses described in chapter 1191
, section 1191.02 of this Zoning Code. In order for an application to be considered, the proposed use of the property cannot be listed as either a permitted or conditional use in the zoning district in which such property is located, provided however that no use listed as a permitted or conditional use in the "I-3" Heavy Industrial District or identified as a prohibited use in chapter 1185
of this Zoning Code shall be considered.
(b) Modification of Regulations. When considering an application, the Planning and Zoning Commission may modify or waive permitted use regulations along with any of the following provisions of this Zoning Code:
(1) Lot area, width, depth or yard requirements.
(2) Off-street parking regulations.
(3) Off-street loading and unloading area requirements.
(4) Driveway and access drive regulations.
All applications shall cite the regulation(s) for which a modification or waiver is requested, and shall fully state the grounds and all facts relevant to the request. The approval of a modification or waiver shall not have the effect of nullifying the intent of the regulations, but shall provide relief from practical difficulties which may result for the redevelopment of urban buildings and lands.
(c) Conditions and Safeguards. In considering an application, the Commission shall take into consideration the health, safety, welfare, comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular, and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this Zoning Code and the accomplishments of the purposes stated in section 1181.02
above.
(d) Effect of Modification. Any use for which approval has been granted under this chapter shall be deemed to be a conforming use in the zoning district in which such use is located provided that such approval shall be deemed to affect only the lot or portion thereof for which such approval shall be granted. Such approval shall immediately be terminated when the use of the property for which approval was granted ceases for any reason. Any reuse of the property shall conform of this Zoning Code. (Ord. 2011-70. Passed 10-11-11.)