(a) The Board of Zoning Appeals shall be responsible for determining the merits of an application for a conditional use permit. In doing so, the Board of Zoning Appeals may approve, conditionally approve or deny such an application.
(b) The Zoning Administrator shall make a thorough investigation and analysis of an application for a conditional use permit, and shall afterwards prepare a written report, along with recommendations for submission to the Board of Zoning Appeals.
(c) Within forty-five days of the receipt of an application for a conditional use permit, the Board of Zoning Appeals shall hold a public hearing. In addition, the Board shall provide a notice of public hearing in a newspaper of general circulation in Trotwood not less than ten days prior to the date of such hearing, and, shall be responsible for notifying by mail, at least ten (10) days in advance of such hearing, all property owners within 300 feet of the premises in question.
(d) The Board of Zoning Appeals shall approve or conditionally approve a conditional use permit only when it has determined that the proposed use will not constitute a nuisance or be detrimental to the public welfare of the community.
(e) Upon failure to comply with the conditions imposed by Board of Zoning Appeals or Council, a certified letter shall be sent to the permittee informing him that he has thirty calendar days from the date the letter is received to comply with the provisions and conditions of the conditional use permit. If, after this period of time, the violation(s) has not been remedied, the conditional use permit shall be revoked.
(f) The applicant for a Conditional Use Permit shall be the owner of the property. In the alternative, the applicant shall submit a signed, notarized statement from the property owner authorizing the applicant to submit such application and agreeing to be bound by any conditions imposed by the Board of Zoning Appeals in conjunction with the approval of the application.
(g) Upon approval of a Conditional Use Permit application by the Board of Zoning Appeals the Permit applies only to the applicant and property owner and is limited to the term of the applicant’s ownership of the premises. Conditional Use Permit approval conditions are a contract between the City and the applicant. Upon termination of the use or upon change of ownership the Conditional Use Permit shall be considered revoked and the use may not be continued or resumed without prior approval of the Board of Zoning Appeals.
(h) Period of validity. A conditional use permit shall expire one year after it is issued unless actual construction has taken place or is underway or actual occupancy has occurred, except as provided elsewhere in this Zoning Code. If a conditional use is approved, the plan must be followed. Any deviation requires the resubmission of an application for approval of the conditional use.
(Ord. 02-19. Passed 3-4-19.)