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.

1105.32 EXPIRATION OF A CONDITIONAL USE PERMIT.

   (a)   A conditional use permit shall be deemed to authorize only one particular conditional use and the permit shall automatically expire if, for any reason, the conditional use shall cease for more than one (1) year.

   (b)   In R-1, R-2 and R-3 Districts, a conditional use permit shall also expire upon transfer of ownership of the property for which the permit was granted.