Botkins City Zoning Code
CONDITIONAL USES
SUBSTANTIALLY SIMILAR USES
§ 153.085 CONTENTS OF CONDITIONAL USE PERMIT APPLICATION.
Any owner, or agent thereof, of property for which a conditional use is proposed shall make an application for a conditional use permit by filing it with the Village Administrator, who shall within 20 days, transmit it to the Board of Zoning Appeals. Such application at a minimum shall contain the following information:
(A) Name, address and phone number of the applicant;
(B) Locational description of the property;
(C) Zoning district;
(D) Description of existing use;
(E) Description of proposed conditional use;
(F) A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, streets and traffic accesses, open spaces, refuse and service areas, utilities, signs, yards, lot lines, landscaping features, and such other information as the Village Administrator or the Board may require;
(G) A narrative statement discussing the compatibility of the proposed use with the existing uses of adjacent properties and with the comprehensive plan, to include an evaluation of the effects on adjoining properties of such elements as traffic circulation, noise, glare, odor, fumes and vibration;
(H) A list containing the names and mailing addresses of all owners of property within 200 feet of the property in question;
(J) A narrative addressing each of the applicable criteria contained in the following section.
(Ord. 03-04, passed - -2002)
§ 153.086 GENERAL STANDARDS FOR ALL CONDITIONAL USES.
In addition to the specific requirements for conditionally permitted uses as specified in this section, the Board of Zoning Appeals 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:
(A) Is in fact a conditional use as established under the provisions of this Zoning Code and appears on the schedule of district regulations adopted for the zoning district involved;
(B) Will be in accordance with the general objectives, or with any specific objective, of the Comprehensive Plan and/or the Zoning Code;
(C) 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;
(D) Will not be hazardous or disturbing to existing or future neighboring uses;
(E) 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 service;
(F) 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;
(G) 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;
(H) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets;
(I) Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance; and
(J) Will otherwise be in conformance with all other sections of this Zoning Code.
(Ord. 03-04, passed - -2002)
§ 153.087 ACTION BY THE BOARD OF ZONING APPEALS.
Within 60 days of the date of the public hearing, the Board of Zoning Appeals shall take one of the following actions:
(A) Approve issuance of the conditional use permit by making an affirmative finding in writing that the proposed conditional use is to be located in a district wherein such use may be conditionally permitted, that all conditions for approval of such use in such district have been met, and that such use will neither result in significant negative impacts upon nor conflict with surrounding uses. Such written finding may also prescribe supplemental conditions and safeguards. Upon making an affirmative finding, the Board of Zoning Appeals shall direct the Village Administrator to issue a conditional use permit for such use which shall list all conditions and safeguards specified by the Board of Zoning Appeals for approval; or
(B) Make a written finding that the application is deficient in information or is in need of modification and is being returned to the applicant. Such finding shall specify the information and/or modifications which are deemed necessary. Make a written finding that the application is denied and specify the reason(s) for disapproval.
(Ord. 03-04, passed - -2002)
§ 153.088 ADDITIONAL CRITERIA.
(A) Additional conditions. The Board of Zoning Appeals may impose other conditions for a conditional use in addition to those prescribed in this section if, in the Board of Zoning Appeals’ judgment, additional conditions are necessary for the protection of the public health and for reasons of safety, and convenience.
(B) Supplemental conditions and safeguards. In granting approval for any conditional use, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformance with this Zoning Code. Any violation of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a punishable violation of this Zoning Code.
(C) Expiration of conditional use permit. A conditional use permit shall be deemed to authorize only one particular conditional use, and said permit shall automatically expire if such conditionally permitted use has not been instituted or utilized within six months of the date on which the permit was issued, or if for any reason such use shall cease for more than one year.
(Ord. 03-04, passed - -2002)
§ 153.089 PUBLIC HEARING.
(A) A public hearing shall be held by the Board of Zoning Appeals in considering an application for a conditional use permit.
(B) The Board of Zoning Appeals shall hold a public hearing within 60 days after it receives an application for a conditional use permit submitted by an applicant through the Village Administrator.
(Ord. 03-04, passed - -2002)
§ 153.090 NOTICE OF PUBLIC HEARING IN NEWSPAPER.
Before conducting a public hearing, notice of such hearing shall be given in one newspaper of general circulation in the village at least ten days before the date of said hearing. The notice shall set forth the time and place of the hearing, and shall provide a summary explanation of the conditional use proposed.
(Ord. 03-04, passed - -2002)
§ 153.091 NOTICE TO PARTIES OF INTEREST.
Prior to conducting a public hearing, written notice of such hearing shall be by first-class mail, at least ten days before the date of the hearing to all parties of interest, to include all parties within 200 feet. The failure to deliver the notification as provided in this section shall not invalidate any such amendment. The notice shall contain the same information as required in § 153.090.
(Ord. 03-04, passed - -2002)
§ 153.092 PROCEDURE AND REQUIREMENTS TO DETERMINE THAT USE IS SUBSTANTIALLY SIMILAR.
(A) Where a specific use is proposed that is not listed or provided for in this Zoning Code, the Village Administrator will make a determination, if the proposed use is substantially similar to a specific use that is listed or provided for in this Zoning Code. If the Village Administrator finds that a use is substantially similar to a specific use listed in this Zoning Code, the substantially similar use is deemed to be a substantially similar permitted use in those districts where the specific use is a permitted use, and a substantially similar conditional use in those districts where the specific use is a conditionally permitted use.
(B) The following standards shall be considered by the Village Administrator when making a determination that a use is substantially similar to a permitted or a conditional use within a specific district:
(1) The compatibility of the proposed use with the general use classification system as specified in this Zoning Code;
(2) The nature, predominant characteristics and intensity of the proposed use in relation to those uses specified by this Zoning Code as being permitted, or in the case of a conditional use, conditionally permitted, in that district; and
(3) The size, dimensional requirements, parking requirements, traffic generation potential and other regulatory considerations normally associated with uses as specified in this Zoning Code.
(C) Should a use be determined to be substantially similar to a specific permitted or conditionally permitted use provided for in this Zoning Code, it shall then be permitted in the same manner and under the same conditions and procedures as the use is permitted to which it has been found to be substantially similar.
(D) If the Village Administrator determines that a proposed use is not substantially similar, such determination can be appealed to the BZA, if the BZA concurs with the Village Administrator, the determination remedy may be sought by the appellant through the submission of an application for amendment to the Zoning Code. However, if the Village Administrator determines that a proposed use is substantially similar, such determination can also be appealed to the BZA by other affected or interested parties.
(E) (1) The Village Administrator shall maintain as a public record a listing of all uses which have been determined to be substantially similar. For each such use, the record shall include the use as listed in the Zoning Code, the use listed in the Zoning Code about which the determination of substantial similarity was made, and the dates of any actions thereupon.
(2) This record shall also contain the same information for all uses which have been determined not to be substantially similar. The Village Administrator shall consult this record in the process of issuing future permits.
(Ord. 03-04, passed - -2002)