La Valley Township City Zoning Code
CONDITIONAL USE
PERMITS
§ 154.375 PROCEDURE.
(A) The Planning Commission may authorize by conditional use permit the uses designated in this chapter when located in a zoning district allowing such use.
(B) The Planning Commission shall impose such conditions as are appropriate and necessary to ensure compliance with the Comprehensive Plan and to protect the health, safety, and general welfare in the issuance of such conditional use permit.
(Ord. 0904-05, passed 5-20-2009)
§ 154.376 APPLICATION.
To obtain a conditional use permit, the applicant shall file an application with the Office of Planning and Zoning on a form as provided. Every application shall contain the following information:
(A) Legal description of the land on which such conditional use is requested;
(B) Name, address, and phone number of the owner of the property which is the subject of such application;
(C) Name, address, and phone number of the person making the application if made by anyone other than the owner;
(D) Zoning district classification under which the property is regulated at the time of such application; and
(E) Any other information concerning the property as may be requested by the Office of Planning and Zoning.
(Ord. 0904-05, passed 5-20-2009)
§ 154.377 FEES.
§ 154.378 INFORMATION ON SITE PLAN.
(A) In addition to the following information, plans shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and show in detail that it will conform to the provisions of this chapter and all relevant laws, rules, and regulations.
(1) The address of the property and the legal description.
(2) The name of the project and/or business.
(3) The scale and north arrow.
(4) All existing and proposed buildings or additions.
(5) Dimensions of all buildings.
(6) Distance from all building lines to the property lines at the closest points.
(7) Building height and number of stories.
(8) Dimensions of all property lines.
(9) Parking lots or spaces: designate each space, give dimensions of the lot, stalls, and aisles.
(10) Screening: show height, location, and type of material to be used.
(11) The landscaped setback and trees; indicate species of trees and material to be used for landscaping.
(12) Name and location of all adjacent streets, alleys, waterways, and other public places.
(B) Exception: The Planning Director may waive the submission of plans, if he or she finds that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this chapter.
(C) Approved site plans shall not be changed, modified, or altered and all work shall be done in accordance with the approved site plans.
(Ord. 0904-05, passed 5-20-2009)
§ 154.379 PLANNING COMMISSION HEARING.
Upon the filing of an application for a conditional use permit, the Planning Director shall set a date for public hearing on such requested conditional use, at which time and place the county’s Planning Commission shall meet to consider the conditional use request.
(A) Notification. The applicant shall notify all property owners (inclusive of contract for deed buyers at last known address) of land lying within 500 feet, inclusive of right-of-way, of the outer boundaries of the property involved in the request.
(1) For applicable commercial WECS and CAFO applications, the applicant shall notify all property owners (inclusive of contract for deed buyers at last known address) of land lying within one mile, inclusive of right-of-way, of the outer boundaries of the property involved in the request. The list of landowners to be notified shall be determined by records of the Director of Equalization.
(2) The Planning Department shall provide the applicant with “Notice of Hearing” forms for this purpose, and the notices shall be sent by the applicant to all parties on the aforementioned list by first class mail no less than ten calendar days prior to the public hearing on the request held by the Planning Commission. The applicant shall sign an affidavit certifying that the required mailing was completed. The affidavit shall be provided to the Planning Department at least five working days prior to the Planning Commission meeting.
(B) Signs. A sign(s) to be provided by the Office of Planning and Zoning shall be posted on or near the property at least five calendar days prior to the scheduled hearing.
(C) Action. The Planning Commission shall decide whether to grant the conditional use with such conditions and safeguards as are appropriate or to deny a conditional use when not in harmony with the purpose and intent of these regulations. The decision of the Planning Commission shall be final unless an appeal is filed in accordance with § 154.380.
(Ord. 0904-05, passed 5-20-2009; Ord. 1908-39, passed 8-27-2019)
§ 154.380 APPEAL OF PLANNING COMMISSION DECISION.
(A) The decision rendered by the Planning Commission on a conditional use permit may be appealed to the Board of County Commissioners. The applicant or any other person aggrieved by the decision of the Planning Commission shall file a written appeal with the Office of Planning and Zoning within five working days of the Planning Commission decision.
(B) When an appeal is filed, the Planning Director shall present the Planning Commission’s decision to the Board of County Commissioners for review. Notice of the meeting shall be given as required by § 154.379(A).
(C) The Board shall vote to either uphold, overrule, or amend the decision of the Planning Commission.
(Ord. 0904-05, passed 5-20-2009)
§ 154.381 AMENDMENTS.
Amendments shall be processed in the same manner as required for a separate conditional use permit.
(Ord. 0904-05, passed 5-20-2009)
§ 154.382 EXPIRATIONS.
(A) A conditional use permit shall expire two years from the date upon which it becomes effective if no substantial work has commenced. This provision shall not apply to a conditional use permit approved for a residential use in the A-l or RC zoning districts. Upon written request to the Planning Director and prior to the conditional use permit expiration date, a one-year time extension for the conditional use permit may be granted by the Planning Director, subject to the following conditions.
(1) There was no public objection presented during the public hearing process for the original conditional use permit.
(2) The land uses for the surrounding properties have not significantly been altered since the original approval date for the conditional use permit.
(3) The project start and/or completion has been impacted by ongoing permitting processes or necessary engineering/studies.
(Ord. 0904-05, passed 5-20-2009; Ord. 1801-47, passed 1-23-2018)
§ 154.383 CONDITIONAL USE CRITERIA.
The following considerations shall be employed when acting upon requests for conditional uses.
(A) The impact of the proposed use on adjacent properties shall be a major consideration. The proposed use should be generally compatible with adjacent properties and other properties in the district.
(B) Measures shall be taken to ensure that the proposed use does not alter the general character of the area or neighborhood.
(C) The effects of noise, odor, traffic, air, and water pollution, and other negative factors shall be eliminated or controlled through the use of screening, setbacks, and orientation.
(Ord. 0904-05, passed 5-20-2009)
§ 154.384 PREEXISTING USES.
An existing use eligible for a conditional use permit which was lawfully established on the effective date of this chapter shall be deemed to have received a conditional use permit as herein required and shall be provided with such permit by the county upon request, and it shall not be a nonconforming use, provided, however, for any enlargement, extension, or relocation of such existing use, an application in accordance with this subchapter shall be required.
(Ord. 0904-05, passed 5-20-2009)
§ 154.385 REAPPLICATION.
No applicant requesting a conditional use permit whose application includes the same or substantially the same requirements for the same or substantially the same property as that which has been denied by the Planning Commission or Board of County Commissioners shall be again considered by the Planning Commission before the expiration date of six months from the date of the final action on the petition.
(Ord. 0904-05, passed 5-20-2009)
§ 154.386 REVIEW OF PERMIT BY PLANNING COMMISSION.
The following procedures shall be employed when acting upon reviews of conditional use permits.
(A) Basis for review. Noncompliance with any of the terms, conditions, or requirements placed on a conditional use permit by the county is sufficient cause to subject such permit to review by the county’s Planning Commission.
(B) Procedure. If the Planning Director is reasonably satisfied there exists any noncompliance with the terms, conditions, or requirements of a conditional use permit, the Director shall give written notice of such noncompliance to the person, firm, corporation, or entity to which the permit was granted. Additionally, the Director shall advise the Planning Commission of such noncompliance at its next regularly scheduled meeting. Upon such advisement, the Planning Commission shall set a time for review of the permit at a subsequent regularly scheduled meeting. Such review will be open to the public.
(C) Notice of review hearing. At least ten days prior to the hearing, the following shall occur.
(1) The Planning Director shall give written notice of the review hearing to the person or entity for whom the permit was authorized.
(2) Notice of the hearing shall be published at least once by the Planning Director in a legal newspaper of the county.
(3) The Planning Director shall be responsible for posting at least one sign on the property in such a manner so as to be clearly visible from the street, road, or other public right-of-way from which entrance or access to the property is gained.
(D) Hearing. In the event the Planning Commission determines by substantial evidence that such compliance has not been established, it may do any of the following:
(1) Revoke said permit;
(2) Amend said permit;
(3) Postpone action for a period of time it deems appropriate to allow the permit holder to comply with all terms, conditions, and requirements of the permit in question; and
(4) Require any other such action it deems appropriate and in accordance with the provisions of this section.
(E) Effect of revocation. Any person, firm, corporation, or entity to which a conditional use permit has been granted and subsequently revoked by the Planning Commission or Board of County Commissioners may not apply for a conditional use permit pursuant to § 154.376 for a period of six months.
(F) Appeal. Appeals from decisions made by the Planning Commission pursuant to this section shall commence and proceed in accordance with § 154.380.
(Ord. 0904-05, passed 5-20-2009)