Conditional uses shall conform to the procedures and requirements set forth in the following subparagraphs.
(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 1141, shall follow the procedures and requirements set forth in subsections (b) through (h) below.
(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, refuse and service area, utilities, signs, yards, and such other information as the Board may require to determine if the proposed conditional use meets the intent and requirements of the Zoning Ordinance.
(7) A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the comprehensive plan;
(8) Such other information as may be required in subsection (d) below.
(c) General Standards Applicable to All Conditional Uses. In addition to the specific requirements for conditionally permitted uses as specified in subsection (d) hereof, 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 1141;
(2) Will be harmonious with and in accordance with the general objectives, or with any specific objective of the Village’s comprehensive plan and/or the 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 visibility and that such use will not change the essential character of the same area;
(4) Will not be hazardous or disturbing to existing or 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, glare, 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;
(9) Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
(d) Specific Criteria for Conditional Uses. Following is a list of specific requirements for conditionally permitted uses:
(1) All structures and activity areas should be located at least one hundred feet from all property lines.
(2) Loud speakers which cause a hazard or annoyance shall not be permitted.
(3) There shall be no more than one sign oriented to each abutting street identifying the activity.
(4) No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway, and no lighting shall shine directly on adjacent properties.
(5) Such developments should be located adjacent to non-residential uses such as churches, parks, industrial, or commercial uses.
(6) Such uses should be properly landscaped to be harmonious with surrounding residential uses.
(7) Such structures should be located adjacent to parks and other non- residential uses such as schools and shopping facilities where use could be made of joint parking facilities.
(8) All permitted installations shall be kept in a neat and orderly condition as to prevent injury to any single property, any individual, or to the community in general.
(9) The area of use shall be completely enclosed by a six foot chain link fence and appropriately landscaped to be harmonious with surrounding properties.
(10) Truck parking areas, maneuvering lanes, and accessways to public thoroughfares shall be designed to cause no interference with the safe and convenient movement of automobile and pedestrian traffic on and adjacent to the site. The site shall not be used for the storage of trucks, and truck parking shall be limited to a time not to exceed twenty-four hours.
(11) Such developments should be located on or immediately adjacent to state highways.
(12) Such uses shall not be conducted closer than five hundred feet from any residential district, nor closer than two hundred feet from any structure used for human occupancy in any other district.
(13) There shall be filed with the Zoning Inspector a location map which clearly shows areas to be mined and the location of adjacent properties, roads, and natural features.
(14) Information shall be submitted on the anticipated depth of excavations and on depth and probable effect on the existing water table and coordinated with the Ohio Division of Water.
(15) All equipment and machinery shall be operated and maintained in such manner as to minimize dust, noise, and vibration. Access roads shall be maintained in dust-free condition by surfacing or other treatment as may be specified by the Village Engineer.
(16) There shall be filed with the Board a detailed plan for the restoration of the area to be mined which shall include the anticipated future use of the restored land, the proposed final topography indicated by contour lines of no greater interval than five feet, the type and number per acre of trees or shrubs or grass to be planted, and the location of future roads, drives, drainage courses, or other improvements contemplated.
(17) All excavation shall be made either to a water producing depth, such depth to be not less than five feet below the low water mark, or shall be graded or backfilled with non-noxious, non-flammable and non-combustible solids, to secure:
A. That the excavated area shall not collect and permit to remain therein stagnant water, or,
B. That the surface of such area which is not permanently submerged in grade or backfilled as necessary so as to reduce the peaks and depressions thereof so as to produce a gently running surface that will minimize erosion due to rainfall and which will be in substantial conformity to the adjoining land area. The banks of all excavations not backfilled shall be sloped which shall not be less than three feet horizontal to one foot vertical and said bank shall be seeded.
(18) There shall be filed with Council a bond, payable to the Village and conditioned on the faithful performance of all requirements contained in the approved restoration plan. The rate of the required bond shall be fixed by ordinance of Council. The bond shall be released upon written certification of the Zoning Inspector that the restoration is complete and in compliance with the restoration plan.
(19) In the event a parcel of land is to be used for a mobile home court, the following information shall be submitted to the Board of Zoning Appeals:
A. The owner or developer of such tract of land shall have prepared a development plan for the entire tract which shall include the following:
1. Proposed name of the mobile home court.
2. Location by township, section, or other legal description.
3. Name and address of the developer.
4. Date, scale, and North point.
5. Location, widths, and names of all existing platted streets and other public ways, railroads and utility rights of way, parks and other public open spaces, existing buildings and structures within and adjacent to the tract.
6. Adjoining boundary lines of all adjacent land uses, describing said land uses, showing the name of the developer or owner, or some other means of identification.
7. Layout of proposed streets, their widths, also the widths of alleys, crosswalkways, and easements.
8. Layout of proposed lots, their numbers and dimensions.
9. Parcels of land intended for public use.
10. Mobile Home limit lines.
11. Location and type of easements.
12. Information as to any agreements which have been entered into with the owners of other property within the neighborhood in which the proposed mobile home court is located, as to general plans for the entire neighborhood.
13. Such other data as the Board may by rule require.
B. The Board shall review the proposed development plan and supporting data, and approval procedure shall be as specified for conditional uses in Chapter 1169.
(20) Multiple Family Units shall be governed by the following standards:
A. The Board shall review the location of all structures within the development to assure that adequate lights, air and ease of entry is available for all structures.
B. For buildings of two (2) stories or less:
Minimum distance from front or rear of building to front or rear of adjacent buildings: 45'
Minimum distance from side of building to front or rear of adjacent building: 35'
Minimum distance from side of building to side of adjacent building: 25'
C. All multiple family structures within and adjacent to the boundary lines of a R-2 (Moderate Density Residential) District or less restrictive districts and adjacent to an R-1 District shall meet the minimum requirements of Section 1145.03(a)(1) through (9) inclusive for those sides abutting the boundary, except that the maximum required side yard shall be twenty-five feet.
All multiple family structures adjacent to a lot line abutting an R-2, C or M District shall conform with the following minimum side yard requirements:
Ten percent (10%) of the proposed or actual lot width; fifteen foot maximum.
(21) Community or Club Swimming Pools: A community or club swimming pool shall be any pool constructed by an association of property owners, or by a private club for use and enjoyment by members of the association or club and their families. Community and club swimming pools shall comply with the following conditions and requirements:
A. The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.
B. The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than one hundred feet to any property line of the property on which located.
C. The swimming pool and all of the area used by the bathers shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjacent properties. The said fence or wall shall not be less than six feet in height and maintained in good condition.
(e) Supplementary Conditions and Safeguards
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In granting any conditional use, the Board may prescribe appropriate conditions and safeguards in conformity with the 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 ordinance and punishable under Section 1161.03.
(Ord. 411. Passed 12-4-75.)
(f) Procedure for Hearing, Notice
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The Board of Zoning Appeals shall hold a public hearing within sixty days after receipt of an application for a conditional use permit specified in Section 1165.06(b) and shall publish notice in a newspaper and give written notice to all parties in interest according to the procedures specified in Section 1165.05(f) through (h).
(Ord. 441. Passed 3-2-78.)
(g) Action by the Board of Zoning Appeals
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Within thirty days after the public hearing required in subsection (f) above, the Board shall either approve, approve with supplementary conditions as specified in subsection (e) above, or disapprove the application as presented. If the application is approved or approved with modifications, the Board shall direct the Zoning Inspector to issue a conditional use permit listing the specific conditions specified by the Board of 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 1165.04.
(h) Expiration of Conditional Use Permit
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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 (2) years.
(Ord. 411. Passed 12-4-75.)