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Before any permit is issued affecting any land within three hundred feet of the center line of a proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the State Director of Transportation or any land within a radius of five hundred feet from the point of intersection of such center line with any public road or highway, the Administrator shall give notice, by registered or certified mail to the State Director of Transportation. The Administrator shall not issue a permit for one hundred twenty days from the date notice is received by the State Director of Transportation. If the State Director of Transportation notifies the Administrator that he shall proceed to acquire the land needed, the Administrator shall refuse to issue the permit. If the State Director of Transportation notifies the Administrator that acquisition at this time is not in the public interest or upon the expiration of the one hundred twenty day period or any extension thereof agreed upon by the State Director of Transportation and the property owner, the Administrator shall, if the application is in conformance with all provisions of this Zoning Code, issue the permit.
(Ord. 1989-81. Passed 1-2-90.)
All applications for permits for a building or use not specifically listed as a principal or accessory permitted use or conditional use in any of the districts shall be submitted to the Planning Commission. Such applications shall be considered in relation to the following criteria:
(a) That such use is not listed in any other district or permitted or conditional use;
(b) That such use is more appropriate and conforms to the basic characteristics of the district to which it is to be added than to any other district;
(c) That such use does not create dangers to health and safety and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences to an extent greater than normally resulting from other uses listed in the district to which it is to be added;
(d) That such a use does not create traffic to a greater extent than the other uses listed in the district to which it is to be added.
(Ord. 1989-81. Passed 1-2-90.)
In addition to the specific requirements listed for each use in each zoning district, the Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing such at the proposed location the proposed use:
(a) Will be harmonious with and in accordance with the general objectives, or with any specific objective of the City's Comprehensive Plan and/or Zoning Code;
(b) Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character in the general vicinity and that such use will not change the essential character of the same area;
(c) Will not be hazardous or disturbing to existing or future neighboring uses;
(d) Will be served adequately by essential public facilities and services such as highway, streets, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately such services;
(e) 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;
(f) Will not involve uses, activities, processes, materials, equipment and conditions of operations that will be detrimental to any persons, property or other general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
(g) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads;
(h) Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
(Ord. 1989-81. Passed 1-2-90.)
(a) The Planning Commission shall hold a public hearing within twenty days from the receipt of the application for a conditional or similar use permit.
(b) Before holding the public hearing, notice of such hearing shall be given in one or more newspapers of general circulation of 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 conditional or similar use.
(c) Within thirty days after the public hearing, the Planning Commission shall either approve, approve with supplementary conditions as specified or disapprove the application as presented. If the application is approved or approved with modifications, the Planning Commission shall direct the Administrator to issue a conditional use or similar use permit lifting the specific conditions specified by the Planning Commission for approval. If the application is disapproved by the Planning Commission, the applicant may seek relief through the Court of Common Pleas.
(d) A conditional use or similar use permit shall be deemed to authorize only one particular use and the permit shall automatically expire if for any reason the use ceases for more than one year.
(Ord. 1989-81. Passed 1-2-90.)
In the event any building or structure is being or has been erected, constructed, altered, repaired, razed or maintained in violation of the provisions of this Zoning Code, or there is an imminent threat of violation, the City or the owner of any contiguous or neighboring property who would be especially damaged by such violation may institute and maintains in addition to any other remedies provided by law, a suit in the Court of Common Pleas of Fulton County for injunction to terminate or prevent such violation as a public nuisance.
(Ord. 1989-81. Passed 1-2-90.)
When common land, a street, recreation area, park or other open land has been set aside, with the approval of the Planning Commission, for the exclusive use in common by abutting or other owners or occupants of land, the sale, transfer or change of use of such land or any part thereof is prohibited unless the Planning Commission has given its prior consent thereto, which shall be confirmed by action of the City Council. Whoever willfully violates this Section shall forfeit and pay to the City of Wauseon a civil penalty of $1,000.00. Such sum shall be recovered, with costs and actual damages, if any, in an action brought by the Law Director in the name of the City of Wauseon, and for the use thereof.
(Ord. 1989-81. Passed 1-2-90.)
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