When a proposed use is permitted as a conditional use in the zoning district in which it is proposed to be located, as set forth in the district regulations, a conditional zoning certificate is required and the application for such conditional zoning certificate shall be submitted and reviewed according to the procedures in this Section.
(a) Submission of An Application for a Conditional Use Permit. The owner or agent thereof, of property for which such conditional use is proposed, shall file with the Zoning Administrator an application for a conditional use permit accompanied by payment of the required fee. The application for a conditional zoning certificate shall disclose all uses proposed for the development, their location, extent, and characteristics and shall include the following information:
(1) A list of all property owners lying within 500 feet of any part of the property on which the conditional use is proposed, including their addresses and permanent parcel number and lot numbers, as shown on the current tax duplicate in the Office of the Cuyahoga County Treasurer.
(b) Conditional Use Permit Application Procedures.
(1) Review for Completeness. Within twenty days after receiving an application for a conditional use, the Zoning Administrator shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Zoning Administrator shall notify the applicant of the necessary changes or additional information needed. When the application is deemed complete and the application fee has been paid, the Zoning Administrator shall officially accept the application for consideration of the action(s) requested on the date such determination is made and place it on the Planning Commission's agenda for a public hearing as required by subsection 1258.07 (c).
(2) Distribution of Plans. When the Zoning Administrator determines that the application is complete, the Zoning Administrator shall forward the application to appropriate Village departments and professional consultants for review and comment. Any reports, comments, or expert opinions shall be returned to the Zoning Administrator within ten days from the date the application is deemed complete.
(3) Transmission to the Planning Commission. The Zoning Administrator shall distribute the application for a conditional use and any reports prepared by the individuals in subsection (2) above to the Planning Commission, at least three days prior to the time of the Commission's review at their next regularly scheduled meeting.
(c) Public Hearing and Notice by Planning Commission for Conditional Uses. The Planning Commission shall hold a public hearing on the proposed conditional use. Notice of such public hearing shall be given by first class mail to the applicant and to the property owners within 500 feet of the property on which the use is proposed. Failure of delivery of such notice shall not invalidate action taken on such application. Further notice shall be given in one or more newspapers of general circulation in the Village. All notices shall be made at least ten days before the date of said public hearing. All notices shall set forth the time and place of the public hearing and the nature of the proposed conditional use. The Commission may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required.
(d) Review of Conditional Use Permit Application. The Planning Commission shall review the proposed conditional use, as presented on the submitted plans and specifications, to determine whether or not the proposed use is appropriate and in keeping with the purpose and intent of this Zoning Code.
(1) The Planning Commission shall review the development plan for the proposed conditional use according to the development plan review criteria set forth in Section 1258.05 (f), Criteria for Reviewing Development Plans, as applicable;
(2) The Planning Commission shall review the application to determine if the establishment and operation of the proposed use complies with the general and specific criteria established for all conditional uses and the specific requirements established for that particular use, as set forth in Chapter 1294, Conditional Use Permit Regulations, of this Zoning Code; and
(3) The Planning Commission may require the applicant to submit such additional information as deemed necessary including the carrying out of special studies and the provisions of expert advice.
(e) Action by the Planning Commission on Conditional Uses. The Planning Commission shall take one of the following actions:
(1) If the proposed conditional use is determined by the Planning Commission to be appropriate and in conformance with the review criteria outlined in Chapter 1294, the Planning Commission shall approve the conditional use permit. As part of the approval, the Planning Commission may prescribe reasonable requirements on the proposed use to ensure that the development conforms to the intent and purposes of Sections 1294.01, 1294.02 and 1294.03. The Planning Commission may approve the application for a conditional use without approving the submitted development plan, which shall be subsequently approved pursuant to the procedures in this chapter.
(2) The Planning Commission shall deny the application if the Planning Commission concludes that, if completed as proposed, the development will not be in compliance with the requirements of this Zoning Code. Such action shall be stated in writing and include specific findings, based upon the evidence submitted, justifying such a conclusion.
(f) Failure of the Planning Commission to Act. If the Planning Commission fails to act within sixty days from the date the application was deemed complete, or an extended period as may be agreed upon, then the applicant may deem the development denied.
(g) Terms and Duration of Conditional Use Permit Approval.
(1) Conditional use approval shall authorize the applicant and /or his, hers or its successor in interest a particular conditional use on a specific parcel. Approval of a conditional use, pursuant to this chapter, shall be valid only for the use and the operation of such use as specified when granted by the Planning Commission. The breach of any condition, safeguard, or requirement shall constitute a violation of this Zoning Code. Approval shall automatically be void if, for any reason, the conditional use shall cease for more than one year.
(2) The conditional use permit approval shall expire one year from the date of enactment, unless:
A. The development plan is approved for uses that require a development plan;
B. Substantial progress in the establishment of the use is accomplished; or
C. As otherwise specifically approved by the Planning Commission.
(3) Conditional Use Changes. Except as noted throughout this Code, all exterior alterations and additions to existing non-residential conditional uses shall be reviewed and approved by the Planning Commission. Also, at the Zoning Administrator's discretion, any interior alteration to an existing non-residential conditional use that requires additional parking spaces to be provided may be reviewed and approved by the Planning Commission.
(h) Re-application for a Conditional Use Approval. The Zoning Administrator shall accept no re-application for a conditional use unless the re-application is based on a revised application that addresses the justification for the denial of the initial application. A re-application shall comply with all the requirements of this chapter, including payment of the required fee. If an application is denied as a result of Section 1258.07 (f), Failure of the Planning Commission to Act, the Zoning Administrator shall accept a re-application for a conditional use that has not been revised from the previous submittal.
(Ord. 2009-17. Passed 9-15-2009.)