1125.04 SPECIAL USE PERMIT.
(a) Purpose of Special Use Permit. The purpose of special use permits is to carefully allow the establishment of certain uses that could be beneficial to the quality of life and quality of place in Whitehall while providing for appropriate constraints to prevent such uses from adversely impacting public health, safety, and welfare.
(b) Review Procedure for Special Use Permit. A special use permit shall be reviewed according to the following procedures:
(1) An applicant shall submit a complete application to the City Administrator no less than fifty (50) days before the date of the City Council public hearing.
(2) As soon as is practically possible, the City Administrator shall confirm with the applicant if an application is complete, provide the complete application to the Planning Commission, and notify the City Council of the complete special use permit application. Incomplete applications shall be returned to the applicant for additional information.
(3) The Planning Commission shall have no less than twenty (20) days to hold a public hearing, study the contents of the application, and adopt a recommendation for the City Council. The Planning Commission shall provide its adopted recommendation to the City Council no less than twenty-five (25) days before the date of the City Council public hearing, unless an extension is agreed upon by the applicant, the Planning Commission, and City Council as appropriate.
(4) The City Council shall hold a public hearing to review and decide on the special use permit within thirty (30) days of receipt of a recommendation from the Planning Commission, unless an extension is agreed upon by the applicant, the Planning Commission, and City Council as appropriate. The City Council shall cause the notice requirements of their public hearing to be met. A concurrence of at least five members of the City Council shall be required to approve a special use permit.
(c) Application Requirements. Any owner, or agent thereof, of property for which a special permit is proposed shall file an application with the City Administrator containing the following information:
(1) Name, mailing address, and phone number of the applicant.
(2) Legal description of the property.
(3) Description of the property's zoning district.
(5) Description of the proposed special use.
(6) A site plan for the proposed special use showing the location of all buildings, parking and loading areas, streets and traffic accesses, open spaces, refuse and service areas, utilities, signs, yards, and landscaping features of the subject property.
(7) A narrative statement discussing the compatibility of the proposed special use with the existing uses of adjacent properties and with the Comprehensive Plan. Such narrative statement shall include an evaluation of the effects of the proposed special use on adjoining properties, including traffic circulation, noise, glare, odor, fumes, and vibration.
(8) Names and mailing addresses of the owners of property within, contiguous to, and directly across the street from the subject property, as taken from the County Auditor's tax list or the Treasurer's mailing list.
(9) An affidavit certifying that the names and mailing addresses are current as of the date of submission and the information available from the County Auditor's office or Treasurer's office.
(10) A narrative statement addressing each applicable criterion provided within this Section.
(11) Any information in addition to the above that is required by the Planning Commission as part of their review.
(d) Required Public Notices.
(1) The Planning Commission shall cause notice of its hearing to be published in at least one (1) newspaper of general circulation in Franklin County, Ohio no less than ten (10) days prior to its public hearing. The Planning Commission shall cause notice of its hearing to be mailed to the property owners included in the complete application no less than ten (10) days prior to its public hearing.
(2) The City Council shall cause notice of its hearing to be published in at least one (1) newspaper of general circulation in Franklin County, Ohio no less than twenty (20) days prior to its public hearing. The City Council shall cause notice of its hearing to be mailed to the property owners included in the complete application no less than ten (10) days prior to its public hearing.
(e) Review Criteria. As part of the procedure for adopting a recommendation for the City Council, the Planning Commission shall review the facts and circumstances of each application for a special use permit per the following criteria and shall determine if there is or is not sufficient evidence showing that the proposed use at the proposed location:
(1) Is eligible for a special use permit per the regulations of the applicable district.
(2) Will be in accordance with the general objectives, or with any specific objective, of the City's Comprehensive Plan and/or this Code.
(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 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 facilities, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to adequately provide 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.
(f) Conditions Placed on Special Use Permits.
(1) The Planning Commission is authorized to prescribe appropriate conditions and safeguards in addition to and in conformance with this Code as part of their recommendation regarding a special use permit to the City Council.
(2) The City Council may incorporate the conditions recommended by the Planning Commission or may modify or substitute their own conditions as part of an approval of a special use permit.
(g) Action by City Council. Within thirty (30) days of receiving a recommendation from the Planning Commission, the City Council shall take one of the following actions:
(1) Approve issuance of the special use permit by making affirmative findings in writing that the proposed special use meets all applicable criteria. Such written findings shall include any conditions and safeguards required by the City Council. Upon approval, the City Council shall direct the City Administrator to issue the special use permit.
(2) Make a written finding that the application is deficient, requires additional information, or requires modifications. Such written findings shall specify the information required or modifications deemed necessary and shall be provided to the applicant.
(3) Make a written finding that the application is denied. Such written findings shall specify the reasons for the disapproval.
(h) Expiration of Special Use Permit.
(1) A special use permit shall automatically expire if the permitted use has not been established or utilized within one (1) year of the date on which the special use permit was issued unless the City Council grants an extension.
(2) A special use permit shall automatically expire if for any reason the permitted use ceases operation for more than twelve (12) consecutive months.
(Ord. 081-2023. Passed 10-3-23.)