A conditional use permit shall be required for all uses listed as conditionally permitted uses in this Zoning Code. The purpose of a conditional use permit is to allow a proper integration into the city of uses which may only be suitable in specific locations within certain zoning districts, or only if the uses are designed or laid out in a particular manner on the site to safeguard both the property rights of all individuals and the health, safety, and general welfare of the community.
(A) Contents of Conditional Use Permit Application.
All conditionally permitted uses included in this Zoning Code must be approved by the Planning Commission by filing an application with the Zoning Enforcement Officer. Application for a conditional use permit shall be made by the property owner, or agent thereof, to the Planning Commission on a form prescribed by the city. Such application at a minimum shall contain the following information:
(1) Name, address and phone number of the applicant;
(2) Legal description of the property;
(3) Zoning district;
(4) Description of proposed conditional use;
(5) Maps and drawings of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, streets and traffic accesses, open spaces, refuse and service areas, utilities, signs, yards, landscaping features, and such other information as the Plan Commission may require. When a proposed site is adjacent to residential properties, a photo simulation of the proposed facility from effected residential properties and public right-of-ways shall be taken at designated locations.
(6) A narrative statement discussing the compatibility of the proposed use with the existing uses of adjacent properties and with the comprehensive plan, to include an evaluation of the effects on adjoining properties of such elements as traffic circulation, noise, glare, odor, fumes, and vibration, and such other information as the Plan Commission may require. At a minimum this narrative shall address the ability of the application to meet each of the applicable criteria contained in paragraph (B) of this section.
(7) A list containing the names and mailing addresses of all owners of property within 200 feet of the property in question;
(8) A fee as established by Ordinance.
(B) General Standards for All Conditional Uses.
The Planning Commission shall not grant a conditional use permit and require the subsequent issuance of a conditional use permit by the Zoning Enforcement Officer unless it shall, in each specific case, review the particular facts and circumstances of each proposed use and make specific findings of fact directly based upon the particular evidence presented to it.
(1) Expansion of Existing Conditionally Permitted Uses.
(a) Any existing lawful use which is considered as a conditionally permitted use by this Zoning Code, which is located in a zoning district in which the use is conditionally permitted, shall be considered as a conforming use.
(b) Any expansion of a conditionally permitted use involving the enlargement of buildings, structures, or land area devoted to the conditional uses, shall be subject to the procedures outlined in this section.
(2) Findings. In considering an application for a conditional use permit, the Planning Commission must make an affirmative finding that the proposed conditional use:
(a) Is in fact to be located in a district wherein the use may be conditionally permitted;
(b) Facilitates and encourages the general objectives, or any specific objective, of the City’s comprehensive plan and/or Zoning Code, and does not adversely affect the envisioned predominant character or purposes in the District;
(c) Serves to create a well-planned, visually appealing development which 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 such use will not change the essential character of the same area;
(d) Will not be an adverse influence or present hazardous or disturbing impacts upon any existing or future abutting or neighboring uses;
(e) 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, glare, or odors. (See § 154.11.03);
(f) Is designed to maximize the public interest and private benefit in a balanced manner.
(g) 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;
(h) Provides adequate ingress/egress to the development, and relates effectively to the existing street system in terms of safety and ease of access with vehicular approaches to the property so designed as not to create an interference with traffic on surrounding public thoroughfares;
(i) 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;
(j) Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
(3) Substantially Similar Use. Where a specific use is proposed that is not listed or provided for in this Zoning Code, the Planning Commission may make a determination that the proposed use is substantially similar to a permitted or conditional use listed in this Zoning Code. Upon making a determination that a proposed use is a substantially similar use, the Planning Commission shall notify the Council of its decision and shall include in its written findings the reasoning upon which the decision is based. Unless the decision is rejected within thirty (30) days of its receipt by the Council, such substantially similar use determination by the Planning Commission shall become effective. A substantially similar use shall then be permitted in the same manner and under the same conditions and procedures as the use is permitted to which it has been found to be substantially similar. The Zoning Enforcement Officer shall maintain as a public record a listing of all uses about which the determination of substantial similarity was made and shall consult this record in the process of issuing future permits. If the Planning Commission determines that a proposed use is not substantially similar, remedy may be sought by the appellant through the submission of an application for amendment as prescribed in § 154.08.01. The following standards shall be considered by the Planning Commission when making a determination that a use is substantially similar to a permitted or conditional use within a specific district:
(a) The compatibility of the proposed use with the general use classification system as specified in this Zoning Code.
(b) The nature, predominant characteristics, and intensity of the proposed use in relation to those uses specified by this Zoning Code as being permitted, or conditionally permitted, in that district.
(c) The size, dimensional requirements, parking requirements, traffic generation potential, and other regulatory considerations normally associated with uses as specified in this Zoning Code.
(d) The site development plan proposed by an applicant, while not strictly in accord with the regulations applying within the District, meets public purposes, provides public protection, and conforms with the objectives and principles of the comprehensive plan and Zoning Code.
(e) In the particular circumstances of the case, strict application of a particular regulation or regulations is not necessary for the accomplishment of the public purposes or the provision of public protection, at the time or in the future.
HISTORY: (Newly proposed; Formerly § 154.36.5; Ord. 3105. Passed 11-10-98.)
(4) Supplementary Conditions and Safeguards. When considering an application for a conditional use permit, the Board shall impose such other conditions and limitations as may be deemed necessary to carry out the purpose and intent of the Zoning Code, and to preserve and protect the general public health, safety, and welfare.
(5) Joint Variance Application. If an application for a variance has been filed in conjunction with an application for a conditional use, the Planning Commission may make its decision on the application for a conditional use pending upon a decision by the Board of Zoning Appeals to grant a variance for such conditional use in accordance with § 154.06.01, or the Planning Commission may make a decision upon both applications for the variance and the conditional use, serving in the capacity of the Board of Zoning Appeals for administrative expedience in accordance with R.C. 713.11 (A) and in accordance with § 154.05.04.
(6) Public Hearing. A public hearing must be held by the Planning Commission in considering an application for a conditional use permit. Notice thereof shall be given not less than 20 days prior to the date of public hearing by posting notice on or near the parcel of land involved at places which will be conspicuous to the neighboring properties and to the public, or by publishing notice in a newspaper of general circulation in the city. Notice may also be given by any other means as the granting authority deems appropriate. Failure of any person, other than the applicant, to receive notice of any hearing or public hearing shall in no way affect the validity of the action taken.
(7) Action by the Planning Commission. Within thirty (30) days after the date of the public hearing, the Planning Commission shall take one of the following actions:
(a) Approve issuance of the conditional use permit by making an affirmative finding in writing that the proposed conditional use is to be located in a district wherein such use may be conditionally permitted, that all conditions for approval of such use in such district have been met, and that such use will neither result in significant negative impacts upon nor conflict with surrounding uses. Such written finding may also prescribe supplementary conditions and safeguards. Upon making an affirmative finding, the Planning Commission shall direct the Zoning Enforcement Officer to issue a conditional use permit for such use which shall list all conditions and safeguards specified by the Planning Commission for approval.
(b) Make a written finding that the application is deficient in information or is in need of modification and is being returned to the applicant. Such finding shall specify the information and/or modifications which are deemed necessary.
(c) If an application is disapproved by the Planning Commission, the applicant may seek relief through the Court of Common Pleas. Appeals from the Planning Commission shall be made in the manner specified by the state statutes.
(8) Expiration of Conditional Use Permit. Approval of a conditional use permit shall expire if the applicant or owner fails to obtain the required zoning certificate or building permits within 180 days from the date of approval by the Planning Commission. The Planning Commission may grant a maximum of two extensions not exceeding 180 days each, upon written application. The Board shall not consider or grant any extension when a zoning map or text amendment has been enacted, subsequent to the approval of the original conditional use permit, which would affect the property subject to the conditional use permit.
HISTORY: (Newly proposed; Formerly § 154.181)