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(A) Any application for a conditional zoning certificate for any land or structure use permitted under this chapter shall be submitted in accordance with the following procedures:
(1) Consultation with Planning Commission. Prior to the submission of an application for a conditional zoning certificate, the applicant shall consult with the Planning Commission at any of its regular meetings.
(2) Application submitted to Planning Commission, fee. Any application shall be submitted to the Planning Commission on a special form for that purpose and supplied by the Zoning Inspector. Each application shall be accompanied with the appropriate fee, which fee shall not be refundable. In addition, the Planning Commission, where fee appropriate, may refer an application to qualified consultants for a report if it deems the proposed use may cause the emission of dangerous or objectionable elements or require special study. The cost of such report shall be at the expense of the applicant, and such report shall be furnished to the Planning Commission as soon as is practicable.
(3) Data required with application.
(a) Form supplied by the Zoning Inspector and completed by applicant.
(b) Site plan, plot plan or development plan of the entire property being considered, drawn to a reasonable scale and showing the location of all abutting streets, the location of all existing and proposed structures, the types of buildings and their uses.
(c) Complete plans and specifications for all proposed development and construction.
(d) A statement supported by substantiating evidence regarding the requirements enumerated in § 154.544(B).
(e) A site location map showing the location of all abutting streets, the location of all existing and proposed structures, activity areas and parking areas and the setback of buildings and structures from property lines. Chapter 153, Appendix D is an example of such a location map.
(4) Review by Planning Commission. The Planning Commission shall review the proposed development as presented on the submitted plans and specifications in terms of the standards established in this chapter. Such review shall be completed and made public within 95 days of the first regular monthly meeting of the Planning Commission following the submission of such application. The Planning Commission may extend the review period beyond 95 days should the applicant provide written request for such extension and the Planning Commission considers the extension warranted. Such extensions of review of conditional zoning certificate applications shall not exceed 60 days. If the application is submitted at a regular monthly meeting of the Planning Commission, then the 95-day period shall begin with the date of submittal.
(5) Hearing. The Zoning Inspector shall provide written public notice to all property owners within 100 yards of the property lines of the proposed conditional use. Such written notice shall be mailed to the addresses of such owners within 100 yards of the property lines of the proposed conditional use as the addresses appear on the current tax list of the county, such written notice shall include the date, time and location of the public hearing as well as a location map of the proposed use and sent by regular mail a minimum of ten days prior to the proposed hearing date.
(6) Issuance and revocation of certificates, violation and penalty. Only upon conclusion of hearing procedures relative to a particular application and adequate review and study may the Planning Commission issue a conditional zoning certificate. The conditional zoning certificate is a permissive use of land for which a building permit or certificate of occupancy shall be issued within one year of its adoption. If such a permit or certificate has not been issued within this time period, the conditional use shall be automatically repealed without further action of the Planning Commission. The breach of any condition, safeguard or requirement shall automatically invalidate the certificate granted and shall constitute a violation of this chapter. Such violation shall be punishable as per § 154.999.
(7) Termination of a conditional zoning certificate. A conditional zoning certificate shall become void at the expiration of one year after date of issuance unless all required permits for construction or a certificate of occupancy has been issued for the conditional use proposed.
(8) Re-application. No application for a conditional zoning certificate which has been denied wholly or in part by the Planning Commission shall be re-submitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions which would be sufficient to justify reconsideration, as determined by the Planning Commission. At the expiration of one year from the date of the original application, each re-application shall be accompanied by the appropriate fee.
(9) Continuation of existing uses conditionally permissible. All uses existing at the time of passage of this chapter and conditionally permissible in their respective districts under this chapter shall be issued conditional zoning certificates by the Planning Commission within one year after the passage of this chapter.
('65 Code, § 1309.02)
(B) The fee for a conditional zoning certificate is listed in the schedule of fees in § 154.540.
('65 Code, § 1309.03)
(Ord. 82-87, passed 12-1-87; Am. Ord. 98-072, passed 7-21-98)