Brewster City Zoning Code
CONDITIONAL ZONING
CERTIFICATES
§ 153.365 PURPOSE.
To provide for issuance of conditional zoning certificates where conditionally permitted uses are provided for in this chapter.
(Ord. 30-1974, § 801, passed 7-15-1974)
§ 153.366 PROCEDURES FOR MAKING APPLICATION.
Any application for a conditional zoning certificate for any land, structure or developmental use permitted under this chapter shall be submitted in accordance with the following procedures.
(A) Application submitted to the Zoning Inspector. Any application for a conditional zoning certificate shall be made to the Zoning Inspector and submitted to the Village Planning Commission on a special form for that purpose. Each application shall be accompanied by the payment of a fee of $10 which fee shall not be refundable. In addition, the Village Planning Commission, where appropriate, may refer an application to qualified consultants for a report if it deems the proposed use may cause the emission of dangerous or objectionable elements or require special study. The cost of such report shall be at the expense of the applicant and said report shall be furnished to the Village Planning Commission as soon as it is practicable.
(B) Data required with application.
(1) Form supplied by Village Planning Commission completed by applicant;
(2) Site plan, plot plan or development plan of the entire property being considered, drawn to a reasonable scale and showing the location of all abutting streets, the location of all existing adjacent and proposed structures, the types of buildings, their uses and the acreage or area involved, including that for parking;
(3) Complete plans and specifications for all proposed development and construction, and where appropriate, reclamation;
(4) A statement supported by substantiating evidence regarding the requirements enumerated in § 153.367;
(5) Notify adjacent communities and the Ohio Department of Natural Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency; and
(6) Require that necessary maintenance will be provided for by the applicant for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished.
(C) Review by Village Planning Commission. The Village Planning Commission shall review the proposed development, as presented on the submitted plans and specifications in terms of the standards established in this chapter. Such review by the Village Planning Commission shall be completed and made public within 95 days of the date of submission.
(D) Hearing. After adequate review and study of any application the Village Planning Commission shall hold a public hearing or hearings upon every application after at least one publication in a newspaper of general circulation in the village at least ten days prior to the date of the hearing. Such notice shall indicate the place, time and subject of the hearing.
(E) Issuance and revocation of conditional zoning certificates; violation and penalty. Only upon conclusion of hearing procedures relative to a particular application and adequate review and study may the Village Planning Commission issue a conditional zoning certificate. The breach of any condition, safeguard or requirement shall automatically invalidate the certificate granted, and shall constitute a violation of this chapter.
(F) Denial. No application for a conditional zoning certificate which has been denied wholly or in part by the Village Planning Commission shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions which would be sufficient to justify reconsideration as determined by the Village Planning Commission. At the expiration of one year from the date of the original application each reapplication shall be accompanied by a fee of $10.
(G) Termination. The conditional zoning certificate shall become void at the expiration of one year after date of issuance unless the structure or alteration thereof is started.
(H) Continuation of existing uses conditionally permissible. All uses existing at the time of passage of this chapter and conditionally permissible in their respective districts under this chapter shall be issued conditional zoning certificates by the Village Planning Commission within one year after the passage of this chapter.
(Ord. 30-1974, § 801.1, passed 7-15-1974; Ord. 19-1986, passed 9-2-1986)
§ 153.367 BASIS OF DETERMINATION.
(A) Village Planning Commission action. The Village Planning Commission shall establish that the general standards and the specific standards pertinent to each use indicated herein shall be satisfied by the completion and operation of the proposed development.
(B) General standards. The Village Planning Commission 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 on the proposed location:
(1) 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;
(2) Will not be hazardous or disturbing to existing or future neighboring uses;
(3) Will not be detrimental to property in the immediate vicinity or to the community as a whole;
(4) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal 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;
(5) Will be in compliance with state, county and village regulations; and
(6) 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.
(Ord. 30-1974, § 801.2, passed 7-15-1974)