(A) The Board of Adjustment shall have the power to hear and decide, in accordance with the provisions of this chapter, requests for conditional uses or for decisions upon other special questions upon which the Board of Adjustment is authorized by this chapter to pass; to decide such questions as are involved in determining whether conditional uses should be granted; and to grant conditional uses with such conditions and safeguards as are appropriate under this chapter, or to deny conditional uses when not in harmony with the purpose and intent of this chapter.
(B) A conditional use shall not be granted by the Board unless and until:
(1) A written application, pursuant to § 154.491 for a conditional use is submitted, indicating the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested;
(3) Notice of public hearing shall be given at least ten days in advance by publication in a legal newspaper of the municipality;
(4) Written notice of the public hearing shall be sent to the applicant and all owners of real property lying within 150 feet of the property on which the conditional use is pending. The notice shall be given to each owner of record by depositing such notice in the United States Post Office not less than ten days prior to the hearing date;
(5) A notification sign shall be posted on the property upon which action is pending at least seven days prior to the hearing date. Such signs shall be placed along all along the property’s street frontage so as to be visible from the street. If a property does not have a street frontage, then such signs shall be placed upon the closest available right-of-way and upon the property. Said signs shall be not less than 187 square inches in size. It shall be unlawful for any person to remove, mutilate, destroy or change such posted notice prior to such hearings;
(6) The public hearing shall be held. Any party may appear in person, or by agent or attorney;
(7) The Board of Adjustment shall make a finding that it is empowered under the section of this chapter described in the application to grant the conditional use, grant with conditions or deny the conditional use, and that the granting of the conditional use will not adversely affect the public interest; and
(8) Before any conditional use is granted, the Board of Adjustment shall make written findings certifying compliance with the specific rules governing individual conditional uses and that satisfactory provision and arrangement has been made concerning the following, where applicable:
(a) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;
(b) Off-street parking and loading areas where required; with particular attention to the items in division (B)(8)(a) above and the economic, noise, glare, odor or other effects of the conditional use on adjoining properties and properties generally in the district;
(c) Refuse and service areas, with particular reference to divisions (B)(8)(a) and (B)(8)(b) above;
(d) Utilities, with reference to locations, availability and compatibility;
(e) Screening and buffering with reference to type, dimensions and character;
(f) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district;
(g) Required yards and other open spaces; and
(h) General compatibility with adjacent properties and other property in the district.
(Prior Code, § 16.26.04) (Ord. 737, passed - -; Ord. 800, passed - -)