Conditional uses shall conform to the procedures and requirements of this chapter.

(Prior code § 153.070; Ord. 322-1976)

It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these and other more conventional uses possess characteristics of such unique and special nature relative to the location, design, size, method of operation, traffic circulation, and need for public facilities that each specific use must be considered individually. These specific uses as they are conditionally permitted shall follow the procedures and requirements set forth in this chapter. It is intended that the enactment of a conditional use does not change the underlying use, height, and area districts on the land containing the conditional use, and that either the conditional use shall be permitted or the uses permitted by the underlying zoning shall be permitted, but not both.

(Prior code § 153.071; Ord. 322-1976)

A conditional use may be any permitted use in Sections 153.240 through 153.295 which does not for any reason comply with the use, height, or area district or development regulations in which it is proposed or with the established building line, or it may be one of the following uses:

A.

An amusement park including usual concessions, operated as a business for private profit;

B.

A boathouse in a residence district;

C.

An aviation field, airport, or heliport;

D.

A cemetery or crematory;

E.

A refuse dump, refuse transfer station, or landfill;

F.

An electric substation or powerhouse or plant that is not part of a public utility;

G.

An oil, gas, or salt water well;

H.

A worn out discarded vehicle dump; vehicle wrecking; vehicle parts salvaging or reclaiming; vehicle dismantling yard; or outside storage of accident damaged vehicles;

I.

A trailer camp or mobile home park; house trailer park; recreational vehicle park;

J.

A planned unit development;

K.

A quarry, sandpit, or gravel pit; topsoil excavating and processing;

L.

Private recreational facilities with or without structures in a residence district;

M.

An automatic automobile laundry; an auto laundry of more than one stall or of the production line type;

N.

An orphanage;

O.

A reformatory or correctional institution;

P.

A lodging house or hostel conducted for rehabilitation; residential social service facility;

Q.

Storage of explosive materials;

R.

Incineration of solid or liquid waste;

S.

Tallow, grease, and lard manufacture or refining; abattoir and meat packing;

T.

Outside storage of scrap iron, or metal, junk storage; outdoor storing or baling of scrap paper or rags; outside storage of used lumber and materials salvaged from wrecked structures;

U.

A rest home, nursing home, convalescent home, or similar institution for over ten patients or residents;

V.

Dormitory;

W.

A communications tower;

X.

Crushing and/or grinding of rock, concrete and similar materials.

Y.

An outdoor advertising display.

Z.

Marijuana facilities including cultivation facilities, processing facilities, dispensaries, and testing laboratories.

AA.

Vape shops.

(Prior code § 153.072; Ord. 522-2002; Ord. 501-2002; Ord. 476-1997; Ord. 479-1994; Ord. 739-1987; Ord. 510-1982; Ord. 954-1978; Ord. 447-1978; Ord. 322-1976)

(Ord. No. 68-2009; Ord. No. 41-2012; Ord. 134-2017; Ord. 274-2024; Ord. 275-2024)

A conditional use request may be initiated in one of the following ways:

A.

By the filing of a petition signed by the owners, lessees, or option holders of all of the property included in the petition;

B.

If city-owned property:

1.

By adoption of a motion by the City Planning Commission. (Such a request shall then be considered by Council hereunder as if it were a lawfully submitted petition.)

2.

By introduction of an ordinance by the Mayor or by a member of Council. (Such a request shall then be considered by the planning staff, City Planning Commission, and Council hereunder as if it were a lawfully submitted petition).

(Prior code § 153.073; Ord. 322-1976)

A petition for a conditional use shall be prepared in cooperation with the planning staff (preferably on forms available from its office) to assure proper terminology, and shall contain at least the following information:

A.

The name, address, and phone number of the petitioner or his representative;

B.

A legal description or plat of the property involved;

C.

A description of the existing use;

D.

The present zoning district;

E.

A description of the proposed conditional use;

F.

Plans of the proposed site for the conditional use indicating the location of all buildings, parking and loading areas, traffic access and circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards, and such other information as the City Planning Commission or Council may require to determine the effect of the proposed conditional use on the surrounding neighborhood;

G.

A narrative statement evaluating the economic effects on the surrounding neighborhood; the effect of such elements as noise, glare, odor, fumes, and vibration on the surrounding neighborhood; and a discussion of the general compatibility with adjacent and nearby properties;

H.

Accompanying each petition shall be a nonrefundable fee payable in cash or certified check, to reimburse the City for such expenses as clerical, drafting, engineering, investigation, public notice and hearing, and advertising incident to the processing of the conditional use petition. The fee shall be based upon the following fee schedule:

(Prior code § 153.074; Ord. 822-1990; Ord. 510-1982; Ord. 565-1976; Ord. 322-1976)

(Ord. 20-2023)

The petition shall be submitted at the office of the planning staff. The planning staff shall transmit the petition to the Clerk of Council. The Clerk of Council shall not accept such a petition unless it bears the certification of a planning staff member that the required fee has been paid.

(Prior code § 153.075; Ord. 322-1976)

Immediately after the filing of a petition with the Clerk of Council, a copy of the petition shall be transmitted to the City Planning Commission and planning staff for investigation and study. The original petition and any related plans or reports shall be and remain available for public inspection in the office of the Clerk of Council.

(Prior code § 153.076; Ord. 322-1976)

The planning staff, the City Planning Commission, and Council, when studying a petition for a conditional use, shall review the particular facts and circumstances of each proposed use in terms of the following standards, and if taking favorable action on the proposal, shall find adequate evidence that the use:

A.

Will be harmonious with and in accordance with the general objectives of the City's Comprehensive Plan;

B.

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 will not change the essential character of the same area;

C.

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

D.

Will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewers and schools; or that the person or agency responsible for the establishment of the proposed use shall be able to provide adequately any such services;

E.

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,

F.

Will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any person or property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors;

G.

Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads;

H.

Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.

(Prior code § 153.077; Ord. 322-1976)

A.

The following conditional uses shall be required to meet specific minimum requirements as listed below.

1.

No conditional uses listed in Section 153.464(H) shall be established within seventy-five feet of a public street. The petition listed shall also present evidence and plans to assure compliance with the article on junk dealers at Section 111.230 et seq.

2.

The conditional use listed in Section 153.464(L) shall be located on a land area of at least seven acres and shall be operated by a private club, lodge, or other nonprofit organization. If liquor is sold on the premises, a land area of at least fifteen acres shall be required.

3.

The conditional uses listed in Section 153.464(M) shall be required to provide twenty off-street parking spaces per auto laundry unit. The regulations for the parking shall be as provided in the article on Development and Area District Requirements at Section 153.300 et seq.

B.

No person shall drill or cause to be drilled a new well for gas, oil, or other hydrocarbon, drill an existing well any deeper, reopen a well or convert a well to any use other than its original purpose, within the corporate limits of the City until all material provisions of this section have been met and a conditional zoning has been granted by Council.

1.

Application for Conditional Zoning.

a.

Any person desiring to drill a well for gas, oil, or other hydrocarbon or to re-enter an abandoned well within the corporate limits of the City shall make application for a conditional zoning. Said application shall be submitted to the Planning Commission, which shall review the application and recommend to Council what action should be taken regarding the application.

b.

Every application shall be in writing, signed by the applicant or by a person authorized to sign on the applicant's behalf, and accompanied by payment of the permit fee of one thousand dollars.

2.

Contents of Application.

a.

The applicant shall submit the information described herein on such forms as the Planning Commission may determine.

b.

Said application shall be submitted to the Planning Commission, which shall review the application and recommend to Council what action should be taken on the application.

c.

The following information shall be included in every application for conditional zoning to drill or re-enter a well for gas, oil, or other hydrocarbon within the corporate limits of the city.

i.

Permit. Each application shall include a complete copy of the valid permit or permits issued by the state for the well or wells to be included in the conditional zoning unless the drilling units include city-owned land and/or street rights-of-way. If the drilling units are on city-owned land or street right-of-way, the required permit shall be submitted to the City prior to drilling. Said copy shall include the plan approved by the state for the disposal and storage of brine and other waste substances resulting, obtained, or produced in connection with exploration, drilling, or production of oil or gas.

ii.

Plot Plan. Each application shall include a plot plan of the property involved in the application. The applicant shall develop the property in accordance with the plot plan. The plot plan shall have thereon:

(a)

North arrow;

(b)

Names, addresses, and telephone numbers of record owner of property, applicant, and driller;

(c)

Lot lines of all abutting properties;

(d)

Location of all buildings and structures within a radius of four hundred feet of the proposed well site;

(e)

Location of all wells and well appurtenances, that is, the well head, piping valves, tanks, tank batteries, sales lines, and separators;

(f)

.Location of all access roads to all well sites and tank sites showing width of such roads and such other information as is required below;

(g)

Circles drawn on the plot plan at radii of one hundred feet, two hundred feet, three hundred feet and four hundred feet from the proposed well site;

(h)

The names and addresses of the owners of all properties shown on the plot plan, including the well site parcel;

(i)

Location of all existing streams, ponds, lakes, and other surface water bodies, including wetlands, within four hundred feet of the proposed well site;

(j)

Locations of all pipelines from the well site or wells to tanks or tank batteries and of all pipelines from tanks to existing or new supply line or lines; and

(k)

Location of public and private utilities and easements within the lease area.

(l)

Copies of the Signed Leases From Effected Property Owners. These leases shall identify the location of the well and tank battery. A written statement, signed by the lessee, shall be provided to the lessor which describes the approximate amount of compensation the lessor shall receive as a result of signing the lease agreement. This written statement shall be available upon request by the city.

iii.

Brine Hauler. The application shall include the names, addresses, phone numbers and division registration number of each person who has been or will be contracted to haul brine, salt water or other waste from the well site.

iv.

The application shall indicate that the petitioner has complied with the oil and gas well emergency information of Section 93.62.

v.

The applicant shall submit an affidavit conforming notification of the driller's name, address, and phone number; location of the proposed well and drilling unit boundary to all land owners within four hundred feet of the well head.

3.

Fencing and Landscaping. The petitioner shall submit a restoration and planting plan to the Department of Planning and Urban Development and landowner, and this plan is to be subject to their approval.

4.

Insurance/Liability.

a.

The petitioner shall obtain and keep in full force and effect a combined single limit insurance policy for two million dollars for bodily injury and property damage with the City named as an additional insured thereon. Proof of this insurance shall be filed annually with the Department of Planning and Urban Development.

b.

The petitioner for a gas and/or oil well shall obtain and keep in full force and effect a pollution liability insurance policy in the amount of five million dollars with the City named as an additional insured thereon.

c.

The petitioner shall indemnify the City from all damages, loss, or liability of whatever nature or kind caused by or arising out of the erection of, maintenance, or use of said well.

5.

Drilling Procedures.

a.

The well shall be constructed and operated in accordance with the permits issued by the State Department of Natural Resources, except for any of the conditions herein which are additional or more restrictive.

b.

The petitioner shall notify the Fire Prevention Bureau, the ward councilperson, and the Department of Planning and Urban Development at least ten days prior to the commencement of drilling.

c.

All wells shall be drilled with "mud," a liquid combined with certain solids. A blow-out preventor (BOP) stack shall be required on the well drilled, including a minimum of one pipe ram or hydrill with a subsurface check valve, and the BOP shall be tested at the well site prior to the start of drilling.

d.

Steel holding tanks shall be used to retain all waste substances. These waste substances shall be removed from the well site via tank truck and deposited at state-approved dump sites. The annular disposal of brine on the site shall be prohibited.

e.

When the drilling is completed and the site restored, the Fire Prevention Bureau, Department of Planning and Urban Development, and City Council shall be notified for an inspection.

f.

The reserve pit used to contain the brine, mud cuttings, and other waste material accumulated during the drilling period, shall be filled immediately upon the completion of the drilling.

g.

All liquids from the producing well shall be stored in surface tanks and all liquids shall be removed from the tank by tank trucks. The tank fields shall be diked and the location and cross-section of the dike be pre-approved by the Fire Prevention Bureau. The information prepared for the spill prevention control containment shall be satisfactory.

h.

All well units shall be equipped with charcoal filters.

6.

Access Roads.

a.

All access roads shall be of sufficient width and improved to permit access by emergency vehicles.

b.

All access to the well site shall be limited to the access road.

7.

Tank Battery, Well Head, and Sales Lines.

a.

A tank battery shall be located a minimum of three hundred feet from the closest residence.

b.

A tank battery shall be located a minimum of one hundred feet from lakes, streams, rivers, or other large water bodies.

c.

All tank batteries shall be located a minimum of one hundred feet from public rights-of-way.

d.

All storage tanks and other equipment shall be painted in such shade of dark green as will minimize the visual obtrusiveness of the equipment. The contents of each storage tank or tank battery shall be identified in eight inch high letters on the tank in a color distinct from their background.

e.

Gas burners, which are used to heat the oil in the storage tanks, shall be fueled by a permanently attached steel feed line.

f.

A well head shall be located a minimum of one hundred feet from lakes, streams, rivers, or other large water bodies.

g.

The pump jack shall be electrically powered.

h.

All sales lines from the tank battery shall be permanently marked for their entire length at a maximum interval of two hundred feet between markers.

i.

All equipment to be used at the well and site shall be maintained in good operating condition.

j.

The property owner and operator shall consent to provide unrestricted access to the well head and tank batteries, to the Fire Prevention Bureau, the Department of Planning and Urban Development, and City Council for purposes of inspection until the well is abandoned and the site restored.

8.

Plugging of a Well. All abandoned oil or gas wells must be plugged in the manner prescribed by O.R.C. Chapter 1509, and by this section and shall be done as required by the laws of the state.

9.

Services Fee.

a.

A fee of one thousand dollars shall be paid to the City at the time of conditional zoning application to defray the cost of services included, but not limited to, the following:

i.

Review and inspection by the Fire Prevention Bureau.

ii.

Review of the restoration and planting plan.

b.

An annual fee of two hundred fifty dollars shall be paid on the anniversary date of the passage of this section to the City to defray the cost of a yearly inspection to ensure proper maintenance of all well facilities and site conditions.

c.

Council and the Planning Commission shall have the authority, in the course of consideration of the application for a conditional zoning and in the course of periodic inspections of the well, to require the applicant or certificate holder, as the case may be, to submit evidence both of the producer's or contractor's qualifications and experience in oil or gas well operations and of the condition and maintenance of the equipment and appurtenances at the well and well site.

10.

Performance Bond.

a.

To insure the landscaping on the approved plans, a performance bond shall be placed with the Department of Planning and Urban Development at one hundred percent of the estimated cost of the approved landscaping.

11.

Well Abandonment.

a.

In the event that a well is abandoned, the petitioner must provide written notification to the Department of Planning and Urban Development before the well is abandoned and equipment removed. All petitioners shall be required to pull and/or plug a well site on abandonment, remove all aboveground appurtenances, return the ground to its original grade and condition, and follow any other rules and regulations promulgated by any department or division of the state relative to pulling, plugging, or abandoning oil or gas wells. "Abandonment" means any action or inaction by the applicant, contractor, owner, or other person which results in a producing well not being operated for six months or results in any drilling operation being halted, stopped, or otherwise suspended for sixty days.

b.

After proper plugging, all well sites shall be returned to pre-drilling condition.

c.

The planning staff, the City Planning Commission, and Council, when studying a petition for a conditional use, shall be guided by the development conditions listed in this Zoning Code for the particular use and area districts in which it is proposed. The petitioner shall be required to post a performance bond to assure compliance with the conditions specified by the Commission and Council.

12.

Miscellaneous.

a.

All necessary building permits shall be obtained for the construction of well facilities.

b.

No oil shall be introduced into the drill hole for lubrication of the drill bit or casing.

c.

That the well shall substantially conform to the approved plans. However minor changes may be approved by the Department of Planning and Urban Development and Fire Prevention.

d.

Each tank shall have a flame arrester and an API lid with two-ounce pressure release and two-ounce regulator.

13.

Variance. City Council may permit exceptions to any of the provisions in this chapter.

C.

Communication Towers and Facilities.

1.

Carriers. Each request should be designed to provide space for a minimum of three carriers, unless the carrier demonstrates that space for additional carriers is impractical. Co-location will eliminate the need for additional towers in the same area. Also, the carrier must demonstrate that a new tower is necessary and co-location on an existing tower is not feasible.

2.

Unused Equipment. Towers and equipment should be removed from the site within six months if it is obsolete or no longer in use. The carriers shall notify the City in writing when the towers and/or equipment houses are no longer in use. To ensure the removal of abandoned communications towers and/or equipment, a performance bond shall be placed with the Department of Planning and Urban Development at one hundred percent of the estimated cost of removal by the owners or subsequent owners of the tower.

3.

Landscape/Fencing. A landscape/fencing plan should be submitted with the site plan. Landscaping/fencing should be provided as a visual buffer.

4.

Color. Towers should be painted gray or a similar non-contrasting color to minimize its visibility unless otherwise required by the FCC and FAA.

5.

Lighting. Tower lighting should not create a nuisance or be a distraction to surrounding uses.

6.

Signage. The only sign permitted at the facility would be an emergency phone number and contact person responsible for maintenance of the site.

7.

Prohibited Location. Towers should be prohibited in residentially zoned areas unless carriers can demonstrate that prohibition is a barrier of entry in a particular case.

8.

Compliance With Law. The carrier shall comply with all local, state and federal laws pertaining to Communications towers.

9.

The City may hire any consultant and/or expert the City deems necessary to assist the City in reviewing and evaluating a petition for conditional use for any communication tower or facility, including review prior to acceptance of a petition for conditional use to determine completeness of a proposed petition, and to review the construction and modification of the site, once permitted, and any site inspections.

a.

In addition to the fee required by Section 153.468(H) of this zoning code, the petitioner shall deposit escrow funds with the City sufficient to reimburse the City for all costs of the City's consultant(s) and expert(s) in providing expert evaluation and consultation to the City in connection with the review of any petition for a communications tower or facility submitted under this chapter. Such costs may include the pre-acceptance evaluation, the review of the petition, and the review of the construction and modification of the site, once permitted. The initial deposit shall be eight thousand five hundred dollars ($8,500.00). If the petition is for a modification of an existing conditional use or co-location that does not include a substantial change to an existing conditional use as determined by the Director of Planning and Urban Development, the initial deposit shall be five thousand dollars ($5,000.00). The placement of the funds with the City shall precede the City's acceptance of the petition. The City may make payments from the escrowed funds to the City's consultant(s) and/or expert(s) as services are provided and invoiced. If at any time during the process the balance of escrowed funds is less than two thousand five hundred dollars ($2,500.00), the petitioner shall immediately, upon notification by the City, replenish said escrowed funds so that the escrow has a balance of at least five thousand dollars ($5,000.00). Such additional escrow funds shall be deposited with the City before any further action or consideration is taken on the petition.

In the event that the amount held in escrow by the City exceeds the actual cost of the City's consultant(s) and/or expert(s) at the conclusion of the project, the remaining balance excluding interest, if any, shall be refunded to the petitioner.

b.

The total amount of the funds required as set forth in subsection (a) of this section may vary with the scope and complexity of the project, the completeness of the petition and other information as may be needed to complete the necessary review, analysis and inspection of any construction or modification.

D.

No outdoor advertising display shall be erected or reconstructed until the provisions of Section 153.385 "Outdoor Advertising" have been met and a conditional use has been granted by Council.

E.

Marijuana facilities.

1.

Marijuana facilities for cultivation, processing, dispensing, or testing shall not be located within five hundred feet of a school, church, public park, public playground, or public library, consistent with state of Ohio spacing requirements as provided in Ohio Revised Code Sections 3780.07, 3796.09 and 3796.10. Dispensaries cannot be within a one-mile radius of an existing licensed dispensary or another proposed marijuana facility site as provided in Ohio Revised Code Chapter 3780.

2.

Prohibited location: Marijuana dispensaries shall be prohibited in residentially zoned areas except for institutional districts (UHD).

3.

In addition to the general standards applicable to all conditional uses under Section 153.474, the Planning Staff, the City Planning Commission and City Council, when studying a petition for a conditional use, should focus on the following criteria:

a.

The impact of the proposed use on public safety in the surrounding community.

b.

The impact of the proposed use on the economic welfare of the surrounding community.

c.

The impact of the proposed use on the general welfare of the surrounding community in regard to any odor emanating from the proposed use.

d.

The impact of the proposed use on any disproportional concentration of marijuana facilities in the surrounding community.

4.

The petitioner shall comply with all local and state laws pertaining to marijuana facilities for cultivation, processing, dispensing, or testing, including all local and state licensing requirements. If a state provisional license is not obtained within one year of council granting a conditional use, the conditional use shall expire at that time.

5.

Any application for a conditional use for a marijuana facility shall identify the type of proposed facility as well as whether it is an adult-use, dual-use, or medical facility, and any conditional use permit approved by City Council will identify the specific type of marijuana facility and type of use permitted.

F.

Vape shops.

1.

Spacing. No vape shop shall be located within two thousand five hundred feet from another vape shop.

2.

Prohibited location. No vape shops shall be located in an area that does not permit retail uses.

(Ord. 599-2003; Ord. 215-2002; Ord. 842-1998; Ord. 842-1997; Ord. 476-1997; Ord. 822-1989; prior code § 153.078; Ord. 322-1976)

(Ord. No. 68-2009, § 4, 2-9-09; Ord. 340-2016; Ord. 134-2017; Ord. 274-2024; Ord. 275-2024)

The City Planning Commission shall hold a public hearing on each petition for a conditional use. Before holding this hearing, the Commission shall give public notice at least ten days before the date of such hearing.

(Prior code § 153.079; Ord. 322-1976)

The planning staff shall investigate the conditional use petition prior to the City Planning Commission's public hearing and shall recommend its approval, modification, or denial. This recommendation shall be written and transmitted to the Commission, petitioner, City Council, and available to concerned citizens at least one week before the required public hearing. If the recommendation is not transmitted to the Commission, petitioner, City Council, and available to concerned citizens at least one week before the required public hearing, the matter shall not be heard until the next scheduled meeting of the Planning Commission. An exception to this procedure can be made upon notice by the Mayor to the President of City Council and the Ward Councilperson that the written recommendation cannot meet the one-week deadline.

(Prior code § 153.080; Ord. 421-1990; Ord. 322-1976)

Following public notice and hearing, the City Planning Commission shall take action on the petition for a conditional use. Such action shall be in the form of a motion recommending to Council that the petition be granted or granted in part, be modified or not be granted. The Commission shall, on taking action, submit its recommendations and those of the Department of Planning and Urban Development to Council. The Commission shall be permitted a reasonable time to consider the petition, but Council may require the Commission to transmit its recommendation within sixty days from the date of the request. If the Commission fails to act within the time aforesaid, it shall be deemed to have recommended that the petition be approved as submitted.

(Prior code § 153.081; Ord. 322-1976)

Council shall schedule a public hearing on the conditional use. Such hearing shall include presentation of the recommendations by the Planning Commission and planning staff.

(Prior code § 153.082; Ord. 91-1988; Ord. 322-1976)

Council shall give public notice of the public hearing required by Section 153.484 not less than fifteen days before the date of the required hearings. The Clerk of Council shall send, by first class mail, at least fifteen days before the day of the public hearing, written notice of the time, place, and nature of the public hearing to all owners and residents of property within, contiguous to, and directly across the street from the property involved in the proposed conditional use. This written notice shall be sent to the owners at their addresses appearing in the County Auditor's current tax list or the County Treasurer's mailing list, and to the residents at their addresses appearing in the current City directory. The failure of delivery of the written notice sent by the Clerk shall not invalidate any such conditional use.

(Prior code § 153.083; Ord. 91-1988; Ord. 322-1976)

After the public hearing required by Section 153.484, and after receipt of the recommendation of the Planning Commission, Council shall either adopt or deny the recommendation of the City Planning Commission, or adopt some modification thereof. Council may prescribe appropriate conditions and safeguards in conformity with this Zoning Code, and a violation of any such conditions and safeguards, when made a part of the terms under which the petition is granted shall be deemed a violation of this Zoning Code punishable under Section 153.199.

(Prior code § 153.084; Ord. 91-1988; Ord. 510-1982; Ord. 322-1976)

Any conditional use granted by Council shall remain valid for a period of two years from the date of its adoption. If the permitted use is not initiated within the two-year period, the conditional use shall automatically expire and terminate without further action of Council or notification of grantee, provided, however, that the grantee may apply to Council for an extension not to exceed one year upon the payment of a nonrefundable fee of the same fee as the original fee which shall be utilized by the City in processing the extension request. For purposes of this section a "conditional use" shall be deemed initiated, in the case of new development, upon the date either excavation for footers is started or grading begun under building permits issued by the Building Department; a change from an existing use to a conditionally approved use shall be deemed initiated when substantial steps toward the accomplishment of such change of use have begun.

(Prior code § 153.085; Ord. 510-1982; Ord. 221-1977)

(Ord. 20-2023)

The petitioner for a conditional use may be required to post a performance bond to assure compliance with the conditions specified by the Commission and Council and approved by the Department of Law.

(Prior code § 153.086; Ord. 510-1982)

A.

Any conditional use enacted or amended on or after July 1, 1995 is subject to revocation by the City Council upon a determination that the holder of a conditional use has violated:

1.

Any standard or condition set forth in Sections 153.474 or 153.494 of this code; or

2.

Any standard or condition imposed pursuant to Section 153.488 of this code; or

3.

Any applicable license, permit, regulation, or law.

B.

Any conditional use is subject to revocation by the City Council upon a determination that:

1.

The use for which the conditional use was obtained is being or has been exercised so as to be detrimental to the public health, safety or general welfare or constitute a public nuisance; or

2.

The property or any structure thereon subject to the conditional use has been abandoned, or the use authorized by the conditional use has ceased for a period exceeding twelve months and no amendment has been granted for a longer time; or

3.

The conditional use approval was obtained by fraud or misrepresentation.

C.

Notwithstanding the foregoing, nothing herein shall be construed to limit the authority of the City of Akron or its council to grant, regulate, or revoke any conditional use.

(Prior code § 153.087; Ord. 348-1995)

A.

Initiation of Revocation Proceedings.

1.

Revocation of a conditional use may be initiated in the following ways:

a.

By adoption of a motion by the City Planning Commission;

b.

By introduction of an ordinance by the Mayor or by a member of City Council;

c.

By petition submitted by the owners, lessees, or option holders of all of the property included in the conditional use;

d.

By referral from the Superintendent of Building Inspection to the Department of Planning and Urban Development pursuant to the enforcement authority granted the Superintendent of Building Inspection under this chapter. However, nothing in this chapter shall be construed to limit the enforcement authority of the Superintendent of Building Inspection.

B.

Notice of Proceedings. Immediately upon initiation of revocation proceedings, the Department of Planning and Urban Development shall notify the holder of the conditional use of the proceedings. The holder of the conditional use may submit a written response to the Director of the Department of Planning and Urban Development within fifteen days of receiving such notice.

C.

Planning Commission Public Notice and Public Hearing.

1.

The Planning Commission shall hold a public hearing on the revocation of a conditional use. The Planning Commission shall give public notice of such hearing at least ten days before the hearing.

2.

Prior to the Planning Commission's public hearing, the Department of Planning and Urban Development shall recommend that the conditional use be revoked, modified, or permitted to continue without modification. The Planning Department may recommend that the holder of the conditional use be allowed a reasonable period of time to correct any violation(s). Recommendation of the Planning Department shall be written and transmitted to the Planning Commission, Director of Planning and Urban Development, holder of the conditional use, and City Council. The Planning Department recommendation shall be made available at the office of the Clerk of Council at least one week before the required public hearing. If the Planning Department recommendation is not so transmitted, the matter shall not be heard until the next scheduled meeting of the Planning Commission.

D.

Recommendation of Planning Commission. Following public notice and hearing, the Planning Commission shall take action on the complaint for revocation of the conditional use. Such action shall be in the form of a written motion to City Council recommending that the conditional use be revoked, modified or permitted to continue without modification. The Planning Commission may also recommend that the holder of the conditional use be allowed a reasonable period of time to correct the violation(s) prior to revocation of the conditional use.

The Planning Commission shall be permitted a reasonable time to consider the complaint but City Council may require the Planning Commission to transmit its recommendation to City Council within sixty days of the hearing.

E.

Hearing by City Council. City Council shall schedule a public hearing on revocation of the conditional use. Such hearing shall include presentation of the findings and recommendations of the Planning Commission and Planning Department staff.

F.

City Council Notice of Public Hearing. City Council shall give public notice of the council public hearing not less than fifteen days before the date of the hearing. The Clerk of Council shall send, by first class mail, at least fifteen days before the date of the public hearing, written notice of the time, place, and nature of the public hearing to all owners and residents of property within, contiguous to or directly across the street from the property involved in the conditional use.

G.

Action by City Council. After the City Council public hearing and after receipt of the recommendation of the Commission, City Council shall either accept, modify or reject the recommendation of the Planning Commission. City Council may prescribe a reasonable period within which the holder of the conditional use may correct the violation(s) prior to the effective date of the conditional use revocation or modification.

H.

Service of Notices. Any notice required by this section to be served upon any holder of a conditional use, neighboring owner or neighboring resident shall be sent by regular mail to the owner or holders of conditional uses at their addresses appearing in the County Auditor's current tax list or the County Treasurer's mailing list, and to the residents at their addresses appearing in the current City directory. Any failure of delivery under this section shall not invalidate any action on revocation of a conditional use.

(Prior code § 153.088; Ord. 348-1995)

A holder of a conditional use may appeal City Council's action on that conditional use to the Summit County Court of Common Pleas pursuant to O.R.C. Chapter 2506.

(Prior code § 153.089; Ord. 348-1995)