1105.24 CONDITIONAL USES.

   The Building and Zoning Appeals Board may authorize, upon application, conditional uses as delineated in Section 1105.25 through 1105.32. Such conditional use requests shall conform to the procedures and requirements of Section 1105.25 through 1105.32, inclusively.

1105.25 APPLICATION FOR A CONDITIONAL USE PERMIT.

   An application for conditional use permit shall be filed with the Zoning Inspector by at least one owner, owner's agent or lessee of properties for which such conditional use is proposed. The application shall be signed by the owner or applicant attesting to the accuracy of all information supplied by the application provided however that the Zoning Inspector may waive certain submission requirements where it is determined that it is not applicable.

   At a minimum, the application shall contain the following information:

   (a)   Name, address and phone number of applicant;

   (b)   Legal description of property;

   (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 areas, 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 part;

   (g)   A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, odor and fumes 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)   Names and mailing addresses of all contiguous and adjoining properties.

   (i)   When an application for a conditional use permit is for an adult entertainment facility, the applicant shall supply the additional information listed below:

      (1)   The location of the proposed conditional use in relation to any Residential, Office-Residential, Office-Commercial, Commercial and/or Industrial Zoning District within 1,000 feet of the property boundary of the proposed use.

      (2)   The location of the proposed conditional use in relation to any school, library, child-care center or teaching facility, whether public or private, governmental or commercial; said school, library, child-care center or teaching facility is attended by persons under eighteen years of age.

      (3)   The location of the proposed conditional use in relation to any park or recreational facility, public or private, which is attended by persons under eighteen years of age.

      (4)   The location of the proposed conditional use in relation to any permanently established place of religious services.

      (5)   The location of the proposed conditional use in relation to any of the following uses or establishments within such uses are located:

         A.   Cabarets, clubs, or other establishments which feature topless or bottomless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.

         B.   Establishments for the sale of beer or intoxicating liquor for consumption on the premises.

         C.   Pawn shops.

         D.   Pool or billiard halls.

         E.   Pinball palaces or halls.

         F.   Dance halls or discotheques.

         G.   Massage parlors.

            (Ord. 4059. Passed 5-26-98.)

1105.26 GENERAL STANDARDS FOR CONDITIONAL USES.

   The Building and Zoning Appeals Board shall review the particular facts and circumstances of each proposed use in terms of all the following standards and shall find adequate evidence showing that the use at the proposed location:

   (a)   Is in fact a conditional use as established under the provisions of Chapters 1120 through 1126 and appears on the official schedule of district regulations for the zoning district involved;

   (b)   Will be harmonious with and in accordance with the general objectives, or with any specific objective of the City's Comprehensive Plan and/or this Part;

   (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 the 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 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;

   (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 or odors; and

   (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.

1105.27 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.

   In granting any conditional use, the Building and Zoning Appeals Board may prescribe appropriate conditions and safeguards in conformity with this Part. Violations of the conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Part and provide cause to revoke a conditional use granted.

1105.28 PUBLIC HEARING BY THE BUILDING AND ZONING APPEALS BOARD.

   The Building and Zoning Appeals Board shall hold a public hearing within thirty (30) days after the receipt of a conditional use permit application from the Zoning Inspector or applicant.

(Ord. 4015. Passed 11-4-96.)

1105.29 NOTICE OF PUBLIC HEARING IN NEWSPAPER.

   Before holding the public hearing required in Section 1105.28, notice of the hearing shall be given in one newspaper of general circulation in the City at least ten days before the date of the hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed appeal or variance.

1105.30 NOTICE TO PARTIES OF INTEREST.

   Before holding the public hearing required in Section 1105.28, written notice of the hearing shall be mailed by the chairman of the Zoning Inspector, by first class mail, at least ten days before the day of the hearing to all parties in interest including all surrounding properties within 200 feet of the subject property. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1105.29.

1105.31 ACTION BY THE BUILDING AND ZONING APPEALS BOARD.

   Within thirty days after the public hearing required in Section 1105.28 the Building and Zoning Appeals Board shall either approve, approve with supplementary conditions as specified in Section 1105.27 or disapprove the application as presented. If the application is approved or approved with modifications, the Building and Zoning Appeals Board shall direct the Zoning Inspector to issue a conditional use permit listing the specific conditions specified by the Building and Zoning Appeals Board for approval. If the application is disapproved by the Building and Zoning Appeals Board the applicant may seek relief through the Court of Common Pleas. Appeals from Building and Zoning Appeals Board decisions shall be made in the manner specified in Section 1105.08.