(a) Objectives. Upon application and after a public hearing the Planning Commission may authorize the issuance of a zoning approval for any of the conditional uses for which this Zoning Code requires such, in the district in which such use is proposed to be located. In considering any such use, the Commission shall take into consideration the public health, safety and welfare, the 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 accomplishment of the following objectives in particular:
(1) That all proposed structures or facilities shall be readily accessible for fire and police protection, and be capable of connection to both the City water supply and sanitary sewer systems.
(2) That the proposed use shall be of such location, size and character that it will generally be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.
(3) That in addition to the above, in the case of any use located in, or directly adjacent to a residential district:
A. The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use, and the assembly of persons in connection therewith will not be hazardous or inconvenient to, or incongruous with said residential district or conflict with the normal traffic of the neighborhood; and
B. The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping and screening on the site shall be such that the use will not hinder or discourage the appropriate development or use of adjacent land or buildings.
(b) Application. Each application for a conditional use shall be accompanied by a plot plan as required in chapter 1193
, section 1193.06
and the names and addresses of all owners of property which lies adjacent to and within a radius of two hundred fifty (250) feet of the site in question measured from the approximate center of such parcel.
(c) Public Hearing. The Planning Commission shall not consider any application for a conditional use approval without first holding a public hearing, notice of which hearing shall be given by publication in a newspaper of general circulation in the City at least ten (10) days before the date of such hearing. The Zoning Administrator shall give written notice of each public hearing to owners of property which lies adjacent to and within two hundred fifty (250) feet of the site in question, following the same procedures and in the manner specified in chapter 1189 of this Zoning Code. Provided that where due notice shall have been published and there has been substantial compliance with the remaining provisions of this section, the failure to give notice to property owners in exact conformance herewith shall not be deemed to invalidate action taken by the City in connection with the approval of any conditional use.
(d) Commission Action. The Planning Commission shall, within sixty (60) days of the date of acceptance and presentation of an application for conditional use approval, hold the public hearing on such application at which time the Commission shall take final action, whether favorable or unfavorable.
(e) Conditions and Safeguards. The Planning Commission may require that conditional use approvals be periodically renewed. Such renewal shall be granted following due public notice and hearing and may be withheld only upon a determination by the Commission to the effect that such conditions as may have been prescribed by the Commission in conjunction with the issuance of the original approval have not been, or are no longer being complied with. In such cases a period of sixty (60) days shall be granted the applicant for full compliance prior to the revocation of said approval.
(f) Appeals. Appeals of the decision of the Planning Commission regarding applications for conditional use approval shall be made to the Common Pleas Court of Jefferson County.
(g) Effect of Conditional Use Approval. Any use for which a conditional use approval may be granted 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 have been granted.
(h) Fees for Public Hearings. There shall be deposited with the Zoning Administrator by the person requesting the conditional use approval, an advance deposit of five hundred dollars ($500.00) to be used to cover the cost of notices, advertising the public hearing, and providing a stenographic record of the hearing. Upon receipt of the advance deposit, the Zoning Administrator shall deposit the fee with the Director of Finance who shall establish a special fund with which to hold such fees until the cost of the notice, advertising and stenographer for the application for conditional use approval can be determined. All expenses incurred from the application for conditional use approval by the City shall be paid from such special fund. Upon payment in full of expenses incurred, any monies remaining from the deposit shall be returned to the depositor by the Director of Finance. In the event that the amount of the deposit is insufficient to cover all expenses incurred by the City, prior to final action by the Planning Commission, the Zoning Administrator shall advise the depositor of the total amount needed for such additional costs and no action shall be taken by Commission until the full amount of costs have been paid.
(Ord. 2011-70. Passed 10-11-11.)