(a) Purpose. It is the purpose of this article to recognize that there may be cases where community and Comprehensive Plan goals are met by flexible and individual regulation of land uses within a zoning district. The establishment of a conditional use permit procedure provides such flexibility to provide for certain uses which shall be permitted only if adequate conditions exist or can be imposed that will make such uses compatible with the purposes of this Ordinance and the Comprehensive Plan. The conditional use permit procedure shall provide for some measure of individualized judgment and the imposing of conditions on certain uses, in order to make them compatible with uses in the surrounding area. It is further intended that the conditional use permit, through a site plan review process, shall provide a method whereby it can be determined whether or not a use would cause any damage, hazard, nuisance, or other detriment to persons or property in the vicinity.
(b) Standards and Requirements. Conditional uses are declared to possess characteristics of such unique and special form that each specific land use must be considered as an individual case. Consideration by the Board of Zoning Appeals shall be based on adopted standards and requirements. These considerations shall be general, applying to all conditional uses, and specific, applying to individual types of conditional uses. The standards and requirements stipulated in this article shall be made a condition of approval. In addition, the Board may impose additional, reasonable conditions to fit the particular use and site under review.
(c) Limits of Authorization. A conditional use permit shall be deemed to authorize only the particular use specified in the permit.
(d) Application for Conditional Use Approval. The applicant shall file a formal and complete application for a conditional use permit with the Code Enforcement Officer. The application shall include:
(1) A preliminary site plan which demonstrates the overall site layout and building locations, parking areas and circulation, access and egress locations, setbacks and buffer areas, lighting, landscaping, signage and the location and extent of existing development on adjacent parcels.
(2) A list of the property owners’ names and addresses located within 150 feet of the affected area, as of record in the office of the Monongalia County Tax Assessor. The subject property also shall be included in the affected area.
(3) Any other information deemed helpful by the applicant or necessary by the Code Enforcement Officer to explain the nature of the proposed use and its consistency with the standards established by this article for conditional use permits.
(4) A filing fee in the amount of $300.00, the purpose of the fee shall be to defray, in part, the expenses connected with the application.
(5) The Code Enforcement Officer will conduct a formal review of the complete application. As part of the formal review process, the Code Enforcement Officer will notify appropriate agencies and request summaries of agency reviews.
(6) The City shall publish a legal advertisement describing the request for a conditional use permit in a local newspaper of general circulation at least fifteen (15) days prior the scheduled public hearing before the Board.
(7) The Board shall hold a duly scheduled public hearing to review the complete site plan and application for the conditional use permit request.
(8) If the conditional use permit is granted by the Board, the applicant receives approval and is formally notified in writing by the City.
(9) If the conditional use is denied by the Board, the applicant is formally notified in writing of the denial and the right to appeal the decision to the Circuit Court of Monongalia County within thirty (30) days.
(e) Standards for Approval. The Board may approve an application for a conditional use permit, subject to such reasonable conditions and restrictions as are directly related to and incidental to the proposed conditional use permit, if it finds that the following general standards have been met:
(1) The proposed use is compatible with the goals of the Comprehensive Plan.
(2) The proposed use shall be compatible with the appropriate and orderly development of the district, taking into consideration the location and size of the use, the nature and intensity of the operations involved in or conducted in connection with such use, the size of the site in relation to the use, the assembly of persons in connection with the use, and the location of the site with respect to streets giving access to the site.
(3) The proposed site development shall be such that the use will not hinder nor discourage the appropriate development and use of adjacent land and buildings, taking into consideration the location, nature and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping on the site.
(4) Neighborhood character and surrounding property values shall be reasonably safeguarded.
(5) Operations in connection with the use shall not be offensive, dangerous, destructive of property values and basic environmental characteristics, or detrimental to the public interest of the community. They shall not be more objectionable to nearby properties by reason of fumes, noise, vibration, flashing of or glare from lights, and similar nuisance conditions than the operations of any permitted use not requiring a conditional use permit in the district.
(6) The character and appearance of the proposed use, buildings, structures, and/or outdoor signs shall be in general harmony or better, with the character and appearance of the surrounding neighborhood.
(7) The Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed conditional use permit.
(f) Conditional Approval.
(1) A conditional use approval may be denied or revoked where the applicant fails to comply with specific conditions made a part of the approval by the Board, or fails to comply with a reasonable request of the Board for furnishing specific information related to the proposed use. Failure to comply with the conditions of approval shall constitute a violation of the Zoning Ordinance.
(2) If there are other valid reasons for denying a conditional use application, the denial may be sustained even if the proposed conditional use constitutes the highest and best use which can be made of the subject property. The Board may not deny a permit solely for the purpose of limiting the number of similar uses in an area.
(g) Expiration of Conditional Use Permit. In the case where a Conditional Use Permit has not been used within twelve (12) months after the granting thereof, then without further action it shall be null and void. This may be extended to eighteen (18) months upon prior written request of the Board. The word "used" shall mean that the approved Conditional Use Permit has been activated as evidenced by permits, construction, or required licenses.
(Ord. 451. Passed 9-17-18.)