Any application for conditional zoning certificate for any land or structure use permitted under this Zoning Ordinance shall be submitted in accordance with the following procedures:
(a) Application Submitted to Planning and Zoning Commission. Any application for conditional zoning certificate shall be submitted to the Planning and Zoning Commission on a special form for that purpose received from the Zoning Inspector. Each application shall be accompanied by the payment of a fee as specified in Section 1107.08. In addition, the Commission, where appropriate may refer an application to qualified consultants for study and a report if it deems same necessary. The cost of such study and report shall be at the expense of the applicant and the report shall be completed as soon as is practicable. (Ord. 1989-49. Passed 8-28-89.)
(b) Data Required with Application.
(1) Form supplied by Zoning Inspector completed by applicant.
(2) Site plan, plot plan or development plan of the entire property being considered, drawn to a reasonable scale and showing the location of all abutting streets, the location and dimensions of all existing and proposed structures, the types of buildings, their uses, the acreage or area involved, including that for parking, and proposed planting and landscaping.
(3) Complete architectural, engineering and constructional plans and specifications for all proposed development and construction, including parking and loading areas, and where appropriate, reclamation.
(4) A statement supported by substantiating evidence regarding the requirements enumerated in Section 1153.03.
(5) An application for gas and/or oil drilling shall be accompanied by a map, drawn to a scale no smaller than 400 feet to the inch, prepared by an Ohio registered surveyor, showing and containing the following information:
A. Boundary lines of subject drilling tract.
B. Name of land owner or owners of drilling tract.
C. Distance in feet from proposed well, storage tanks and service road to boundary lines of subject drilling tract and/or to right-of-way lines of public roads.
D. Public road adjacent to drilling tract.
E Identification of well, public roads, lot numbers, number of acres in drilling tract and names of adjacent property owners.
F. Other information that the Planning and Zoning Commission may require.
(6) Before an application for gas and/or oil drilling can be placed on the Planning and Zoning Commission agenda, the subject well and storage tank site shall be identified by a stake with a strip of colored plastic attached. Also, each stake shall be documented with the name and number of well or storage tank for which it represents. Stakes shall be sufficient height to be visible within a distance of 200 feet from each proposed well or storage tank site. In addition, a stake with a strip of colored plastic attached shall be placed within public road right of way, adjacent to proposed well site and stake shall be documented with name and number of well it represents. Also, a directional stake with a strip of colored plastic attached shall be placed, to be visible from the public road right of way, representing the direction of the proposed well site.
(c) Review by Planning and Zoning Commission. The Planning and Zoning Commission shall review the proposed development, as presented on the submitted plans and specifications, in terms of the standards established in this Zoning Ordinance. Such review shall be completed and made public within ninety-five days of the regular monthly meeting of the Commission following the submission of such application. If the application is submitted at a regular monthly meeting of the Commission, then the ninety-five day period shall begin with the date of submittal. In cases where the Commission requests a report from a consultant, such time may be extended by mutual consent.
(d) Hearing and Notification. The Planning and Zoning Commission shall hold a public hearing or hearings upon every application for conditional use, after at least one publication in a newspaper of general circulation in the City at least ten days prior to the date of the hearing. Such notice shall indicate the place, time and subject of the hearing. Written notice of the hearing shall be sent by certified mail at least ten calendar days prior to the hearing to the applicant, owners of the property within or contiguous to and directly across the street from any part of the property and all property owners within 250 feet from the parcel(s) shall be notified.
(Ord. 1991-12. Passed 3-25-91; Ord. 1993-01. Passed 1-25-93.)
(e) Issuance, Violation and Revocation of Conditional Zoning Certificate. Only upon conclusion of hearing procedures relative to a particular application and adequate review and study may the Planning and Zoning Commission issue a conditional zoning certificate. The breach of any condition, safeguard or requirement shall automatically invalidate the certificate granted, and shall constitute a violation of this Zoning Ordinance. Such violation shall be punishable as per Section 1107.11.
(Ord. 1989-49. Passed 8-28-89.)
(f) Reapplication. No application for a conditional zoning certificate which has been denied wholly or in part by the Planning and Zoning Commission shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence of proof of changed conditions which would be sufficient to justify reconsideration as determined by the Commission. Each reapplication shall be accompanied by a fee as specified in Section 1107.08.
(Ord. 1989-49. Passed 8-28-89.)
(g) Termination. The conditional zoning certificate shall become void at the expiration of one year after date of issuance unless construction is started or use changed or actual drilling for gas and oil has started.
(Ord. 1981-43. Passed 3-23-81.)