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1173.13.3 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
   In granting any appeal or variance, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Zoning Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this Zoning Ordinance and punishable under Section 1169.99 of this Zoning Ordinance.
(Ord. 13-12. Passed 8-9-12.)
1173.14 PROCEDURE AND REQUIREMENTS FOR APPROVAL OF CONDITIONAL USE PERMITS.
   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 that are conditionally permitted under the provisions of this Zoning Ordinance shall follow the procedures and requirements set forth in this Section.
(Ord. 13-12. Passed 8-9-12.)
1173.14.1 GENERAL.
   The following requirements shall be complied with prior to any approval or denial of a conditional use permit by the Board of Zoning Appeals:
   (a)   A written application for a conditional use is submitted indicating the section of this Zoning Ordinance under which the conditional use is sought and stating the grounds on which it is requested per Section 1173.14.2.
   (b)   A public hearing shall be held as specified in Section 1173.09 of this Zoning Ordinance.
   (c)   The Board of Zoning Appeals shall determine:
      (1)   That it has the authority to grant the request.
      (2)   That the granting of the conditional use will not adversely effect the neighborhood in which the conditional use is to be located.
      (3)   That the conditional use is not one which is contrary to the policies of the Comprehensive Master Plan of the City of Uhrichsville. In making this determination the Board shall be advised by the recommendation of the Planning Commission.
         (Ord. 13-12. Passed 8-9-12.)
1173.14.2 CONTENTS OF APPLICATION FOR CONDITIONAL USE PERMIT.
   An application for conditional use permit shall be filed with the Chairman of the Board of Zoning Appeals by at least one owner or lessee of property for which such conditional use is proposed. At a minimum, the application shall contain the following information:
   (a)   Name, address, and phone number of applicant;
   (b)   Legal description of property, including a current survey and plat map as prepared by a Registered Professional Surveyor;
   (c)   Description of existing use;
   (d)   Zoning district;
   (e)   Description of proposed conditional use;
   (f)   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 Board may require to determine if the proposed conditional use meets the intent and requirements of this Zoning Ordinance;
   (g)   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; and the relationship of the proposed use to the comprehensive plan;
   (h)   Such other information as may be required in Section 1173.14.
      (Ord. 13-12. Passed 8-9-12.)
1173.14.3 GENERAL STANDARDS APPLICABLE TO ALL CONDITIONAL USES.
   In addition to the specific requirements for conditionally permitted uses as specified in Section 1173.14.1, the Board 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 at the proposed location:
   (a)   Is in fact a conditional use as established under the provisions of the Zoning Ordinance for the zoning district involved;
   (b)   Will be harmonious with and in accordance with the general objectives, or with any specific objective of the Comprehensive Plan and/or the Zoning Ordinance;
   (c)   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;
   (d)   Will not be hazardous or disturbing to existing or future neighboring uses;
   (e)   Will be served adequately be 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;
   (f)   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;
   (g)   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, smoke, fumes, glare or odors;
   (h)   Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares;
   (i)   Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance. (Ord. 13-12. Passed 8-9-12.)
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