1113.18 PROCEDURE AND REQUIREMENTS FOR APPROVAL OF CONDITIONAL USE PERMITS.

   Conditional uses shall conform to the procedures and requirements of subsections (a) to (g) hereof.

   (a)   General. It is recognized that an increasing number of new kinds of uses are appearing daily and that many of these and some other more conventional uses possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation and public facilities that each specific use must be considered individually. These specific uses as they are conditionally permitted under the provisions of Chapter 1145, shall follow the procedures and requirements set forth in subsection (b) to (g), inclusive.

   (b)   Contents of Application for Conditional Use Permit. An application for conditional use permit shall be filed with the Chairman of the Board of Zoning Appeals by at least one owner or lessee of property for which such conditional use is proposed. At a minimum, the application shall contain the following information:

      (1)   Name, address and phone number of applicant;

      (2)   Legal description of property;

      (3)   Description of existing use;

      (4)   Zoning district;

      (5)   Description of proposed conditional use;

      (6)   A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic access and traffic circulation, open spaces, landscaping, signs and yards, and such other information as the Board may require to determine if the proposed conditional use meets the intent and requirements of this Zoning Ordinance.

      (7)   A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, odor and fumes and on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district.

   (c)   General Standards Applicable to all Conditional Uses. The Board shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:

      (1)   Is in fact a conditional use as established under the provisions of Chapter 1145 and appears on the Official Schedule of District Regulations adopted by Section 1145.02 for the zoning district involved;

      (2)   Will be harmonious with and in accordance with the general objectives, or with any specific objective of the Village's Zoning Ordinance;

      (3)   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;

      (4)   Will not be hazardous or disturbing to existing future neighboring uses;

      (5)   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;

      (6)   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;

      (7)   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;

      (8)   Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares.

   (d)   Supplementary Conditions and Safeguards. In granting any conditional use, the Board may prescribe appropriate conditions and safeguards in conformity with this Zoning Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Zoning Ordinance and punishable under Section 1105.11 .

   (e)   Procedure for Hearing, Notice. Upon receipt of the application for a conditional use permit specified in subsection (b) hereof, the Board shall hold a public hearing, publish notice in a newspaper and give written notice to all parties in interest according to the procedures specified in Section 1113.14 through 1113.16 .

   (f)   Action by the Board of Zoning Appeals. Within thirty days after the public hearing required in subsection (a) hereof, the Board shall either approve, approve with supplementary conditions as specified in subsection (d) hereof, or disapprove the application as presented. If the application is approved or approved with modifications, the Board shall direct the Zoning Code Enforcement Officer to issue a conditional use permit listing the specific conditions specified by the Board for approval. If the application is disapproved by the Board the applicant may seek relief through the Court of Common Pleas. Appeals from Board decisions shall be made in the manner specified in Section 1113.07 .

   (g)   Expiration of Conditional Use Permit. A conditional use permit shall be deemed to authorize only one particular conditional use and said permit shall automatically expire if, for any reason, the conditional use shall cease for more than two years. Change of ownership shall have no affect on the validity of the conditional use.
(Ord. 553. Passed 1-24-94; Ord. 2017-08. Passed 9-11-17.)