It is recognized that an increasing number of new kinds of uses are appearing daily and that many of these and some other more conventional uses possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation and public facilities, that each specific use must be considered individually. These specific uses as they are conditionally permitted under Title Five, shall follow the procedures and requirements set forth in this section, inclusive of this Ordinance.
(a) Contents of Application For Conditional Use Permit.
An application for a Conditional Use Permit shall be filed with the Zoning Inspector by at least one (1) owner or lessee of property for which such conditional use is proposed. At a minimum, the application shall contain the following information:
(1) Name, address, and phone number of applicant.
(2) Legal description of property.
(3) Description of existing use.
(4) Zoning district.
(5) Description of proposed conditional use.
(6) A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards, and such other information as the Planning Commission may require to determine if the proposed conditional use meets the intent and requirements of this Ordinance.
(7) A narrative statement evaluating the effects on adjoining property, the effect of such elements as noise, glare, odor, fumes, and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district.
(b) General Standards Applicable to All Conditional Uses.
In addition to the specific requirements for conditionally permitted uses as specified in this Ordinance, the Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use is at the proper location:
(1) Is in fact, a conditional use established under the provision of Title Five, inclusive.
(2) Will be harmonious and in accordance with the general objectives, or with any specific objective of the City’s Comprehensive Plan and/or the Zoning Ordinance.
(3) Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.
(4) Will not be hazardous or disturbing to existing or future neighboring uses.
(5) Will be adequately served by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.
(6) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
(7) Will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, vibration, smoke, fumes, glare, or odors.
(8) Will have vehicular approaches to the property which shall be designed so as not to create an interference with traffic on surrounding public thoroughfares.
(9) Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
(c) Specific Criteria for Conditional Uses.
In granting any conditional use, the Planning Commission may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Ordinance and punishable under Section 1145.15.
(1) Public Hearing by the Planning Commission.
The Planning Commission shall hold a public hearing within forty-five (45) days after the receipt of an application for a conditional use from the Zoning Inspector or an applicant.
A. Notice of Public Hearing in Newspaper.
Prior to holding the public hearing required in Section 1148.04(c)(1), notice of such hearing shall be given by the Chairperson of the Planning Commission in one (1) or more newspapers of general circulation of the City, at least ten (10) days before the date of said hearing. The notice shall set forth the time and place of the public hearing and the specific item to be considered. The ten (10) day notice may be waived by the applicant filing a waiver of notice from all the owners within 200’ of affected property.
B. Notice to Parties of Interest.
Prior to holding the public hearing required, written notice of such hearing shall be mailed by the Chairperson of the Planning Commission to property owners of adjoining parcels or parcels within two hundred feet (200') of affected property, by first class mail at least ten (10) days before the day of the hearing. The mailing list shall be supplied to the Chairperson of the Planning Commission by the property owners requesting the conditional use. The notice shall contain the same information as required of notices published in newspapers, as specified in Section 1148.04(c)(1)A.
(2) Action by the Planning Commission.
B. If the application is approved or approved with modification, the Planning Commission shall direct the Zoning Inspector to issue a Conditional Use Permit listing the specific conditions specified by the Planning Commission for approval. If the application is disapproved by the Planning Commission, the applicant may appeal to the Zoning Board of Appeals.
C. Appeals from decisions shall be made in the manner specified in Section 1148.01 and ORC 2505.07 et seq.
(3) Expiration of Conditional Use Permit.
A Conditional Use Permit shall be deemed to authorize only one (1) particular conditional use. Such permit shall automatically expire if, for any reason, the conditional use has not been implemented within one (1) year of issuance of the permit or if such use ceases for more than two (2) years.
(4) Revocation of a Conditional Use Permit.
Violation of the conditional use as approved shall be grounds for revocation of the Conditional Use Permit. The Planning Commission may revoke a conditional use permit but only after a public hearing is conducted according to procedures outlined in Section 1148.04(c)(1).
(5) Supplementary Conditions and Safeguards.
In granting any conditional use, the Planning Commission may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Ordinance and punishable under Section 1145.15 of this Ordinance.