When a proposed use is permitted in a zoning district as a conditional use, as set forth in the district regulations, a conditional use permit is required and the application for such conditional use permit shall be submitted and reviewed according to the guidelines outlined in this chapter.

(Ord. 5-2005, passed 3-23-05)

   The applicant is encouraged to meet with the Planning Commission or Zoning Administrator, or his designee, prior to submitting an application for a conditional use permit. The purpose of this meeting is to discuss early and informally with the applicant the purpose and effect of these zoning regulations and the criteria and standards contained within. However, no action shall be taken at such a meeting and no discussions, opinion, suggestions, or recommendations of the Planning Commission or Zoning Administrator shall be relied upon by the applicant to indicate subsequent approval or disapproval of the application.

(Ord. 5-2005, passed 3-23-05)

   The owner, or agent thereof, of property for which such conditional use is proposed shall file with the Zoning Administrator an application for a conditional use permit on the form provided for such purposes, which shall be accompanied by payment of the required fee. The application for a conditional use permit shall disclose all uses proposed for the development, their location, extent, and characteristics and shall include the following:

   (A)   A development plan and associated documentation when required in § 150.1402.

   (B)   A list of all property owners lying within 300 feet of any part of the property on which the conditional use is proposed and the president of the neighborhood association where the conditional use is located, including their addresses and permanent parcel number, as shown on the current tax duplicate in the Office of the Hamilton County Treasurer.

   (C)   A statement of need for the proposed use, its location, and magnitude.

   (D)   A summary report identifying and evaluating the consequences and effects of the proposed use on the surrounding properties and the neighborhood at large.

   (E)   A statement indicating how the negative effects of the proposed use will be mitigated and how all the conditions for approval set forth in Chapter 151.20 for the proposed use will be met.

(Ord. 5-2005, passed 3-23-05)

   (A)   Review for Completeness. The Zoning Administrator shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Zoning Administrator shall notify the applicant of the deficiencies and place the application on hold until complete. When the application is determined complete and all applicable fees have been paid, the Zoning Administrator shall officially accept the application for consideration of the action(s) requested on the date such determination is made and place it on the Planning Commission's agenda.

   (B)   Distribution of Plans. Within 10 days after determining that the application is complete, the Zoning Administrator shall forward the application to appropriate City departments and professional consultants for review and comment. Any reports, comments, or expert opinions shall be returned to the Zoning Administrator within 60 days from the date the application is deemed complete.

   (C)   Transmission to the Planning Commission. The Zoning Administrator shall distribute the application for conditional use permit and any reports prepared by the individuals in division (B) above to the Planning Commission, prior to the time of the Commission's review at their next regularly scheduled meeting.

   (D)   Minor Alterations Reviewed by Zoning Administrator. When a minor alteration is proposed to an existing conditionally permitted building or structure or to the site arrangement of an existing conditionally permitted building or structure, the Zoning Administrator may make a determination that such a proposal is not subject to conditional use approval. Such determination by the Zoning Administrator shall only be made in compliance with the conditional use criteria and procedural requirements for minor alterations set forth in § 150.1405.

(Ord. 5-2005, passed 3-23-05)

   The Planning Commission shall review the proposed conditional use, as presented on the submitted plans and specifications, to determine whether or not the proposed use is appropriate and in keeping with the purpose and intent of this Zoning Code.

   (A)   The Planning Commission shall review the development plan for the proposed conditional use according to the development plan review procedures and criteria set forth in §§ 150.1408 through 150.1410, as applicable;

   (B)   The Planning Commission shall review the application to determine if the establishment and operation of the proposed conditional use complies with the general criteria established for all conditional uses and the specific requirements established for that particular use, as set forth in Chapter 151.20 of this Zoning Code; and

   (C)   The Planning Commission may require the applicant to submit such additional information as deemed necessary, including the carrying out of special studies and the provisions of expert advice.

(Ord. 5-2005, passed 3-23-05)

   Prior to considering a proposed conditional use, the Planning Commission shall hold a public hearing. Notice of such public hearing shall be given by first class mail to the applicant and to the property owners within 300 feet of the property on which the use is proposed. Such notification shall be sent to the names and addresses of such owners appearing on the County Auditor's current tax list. If the address appearing on the tax list is that of a lending institution or other person or entity clearly recognizable as not being the owner, then written notice shall be mailed to such institution, person, or entity at the listed address and to the named owners at the street address of the property. Further notice shall be given in one or more newspapers of general circulation in the city. All notices shall be made at least 14 days before the date of said public hearing. All notices shall set forth the time and place of the public hearing and the nature of the proposed conditional use. Failure of delivery of such notice shall not invalidate action taken on such application. The Planning Commission may continue or defer its consideration and no further notice shall be required.

(Ord. 5-2005, passed 3-23-05)

   (A)   The Planning Commission shall take one of the following actions:

      (1)   If the proposed conditional use is determined by the Planning Commission to be appropriate and in conformance with the review criteria outlined in Chapter 151.20, the Planning Commission shall make specific findings of fact to support its recommendation. As part of the recommendation, the Planning Commission may proscribe appropriate conditions, stipulations, safeguards and limitations on the duration of the use as it may deem necessary and in conformance with the intent and purposes of Chapter 151.20. The Planning Commission may approve the application for the conditional use without approving the submitted development plan.

      (2)   If the proposed use is found not to comply with the specifications of this Zoning Code, the Planning Commission shall deny the application. The Planning Commission shall indicate in its records the reason(s) for its action. The applicant may then bring an appeal on such decision to the City Council pursuant to § 150.1608 if a Notice of Appeal is filed with the Planning Commission and the Clerk of Council within 14 days of the date the applicant's request is denied in writing by the Planning Commission.

   (B)   If the Planning Commission fails to act within 120 days from the date the application was deemed complete, or an extended period as may be agreed upon, then the applicant may deem the application denied. The applicant may then bring an appeal on such application to the City Council pursuant to § 150.1608 by filing a Notice of Appeal with the Planning Commission and Clerk of Council at anytime after the 120 days has passed and before any decision by the Planning Commission.

(Ord. 5-2005, passed 3-23-05)

   (A)   Council shall hold a public hearing to review and confirm a conditionally permitted use accepted by the Planning Commission or upon any appeal brought before Council under § 150.1607(A)(2) or (B). Such public hearing shall be held within 30 days of the date the appeal is appropriately filed with both the Planning Commission and the Clerk of Council or within 30 days of the Planning Commission's written approval of a conditionally permitted use.

   (B)   Notice of such public hearing shall be given by first class mail to the applicant/appellant and to the property owners within 300 feet of the property to which the application applies. Such notification shall be sent to the names and addresses of such owners appearing on the County Auditor's current tax list. If the address appearing on the tax list is that of a lending institution or other person or entity clearly recognizable as not being the owner, then written notice shall be mailed to such institution, person, or entity at the listed address and to the named owners at the street address of the property. Further, notice shall be given in one or more newspapers of general circulation in the City. Such written notice shall be mailed and such publication shall be made at least 14 days before the date of said public hearing. All notices shall set forth the time, place and nature of the public hearing. Failure of the delivery of such notice shall not invalidate any action taken as a result of such public hearing. Council may continue or defer its consideration and no further notice shall be required.

   (C)   Council Confirmation. Following a recommendation for approval by the Planning Commission, the application shall be submitted to Council for confirmation. The purpose of Council's review shall be to review and confirm or deny the recommendation of the Planning Commission. In doing so, Council shall rely upon the findings of the Planning Commission and on such additional evidence as has been previously presented to the Planning Commission. Council shall accept no new evidence to support or oppose such conditionally permitted use. At the public hearing the applicant shall be given an opportunity to make a statement in support of the application and Council may take further public comment concerning the recommendation of the Planning Commission and in support of or in opposition to any evidence previously presented to the Planning Commission. Within 30 days of the public hearing Council shall act upon the application according to the following:

      (1)   Council, by a majority vote, may confirm the recommended conditionally permitted use; or

      (2)   Council, by a majority vote, may refer the recommendation back to the Planning Commission for further study and review of items specified by Council. Any additional review must be completed by the Planning Commission and returned to Council within 30 days of its remand or if the Planning Commission shall fail to act within such 30 day period the matter shall be returned to Council for final decision; or

      (3)   Council, by five concurring votes, may approve a modification of the Planning Commission recommendation for the conditionally permitted use. A modification shall include any additional conditions which Council may wish to impose which were not originally imposed by the Planning Commission; or

      (4)   Council, by five concurring votes, may reject the recommended conditionally permitted use.

   Council's failure to act within 30 days of the public hearing, or 30 days following the return of the remand from the Planning Commission, whichever is later, shall be deemed a confirmation of the Planning Commission's recommended conditionally permitted use.

   (D)   Council Appeal. At a public hearing upon any appeal brought before Council from § 150.1607(A)(2), Council shall be limited to a review of the written findings from the Planning Commission denying such application and such other evidence as has been previously submitted to the Planning Commission for its consideration. If an appeal is brought to Council pursuant to § 150.1607(B) as a result of the Planning Commission's failure to act in a timely manner, Council shall only consider such evidence as has been previously submitted to the Planning Commission for its consideration. Council shall consider no new evidence under either appeal. Under either appeal, Council shall allow the applicant/appellant the option to comment upon the evidence and/or recommendation from the Planning Commission and Council may take such additional comments from the public at such hearing either in support of or in opposition to the decision of the Planning Commission and any evidence previously presented. Within 30 days of Council's hearing on such appeal, Council shall act according to the following:

      (1)   Upon an appeal brought pursuant to § 150.1607(A)(2), Council by majority vote may affirm the decision of the Planning Commission from which such appeal is taken.

      (2)   On an appeal brought pursuant to § 150.1607(A)(2) or (B), Council by majority vote may remand the appeal back to the Planning Commission for a further study and review of items specified by Council. Any additional review must be completed by the Planning Commission within 30 days of its remand. At the end of that thirty day period, whether or not a decision has been made by the Planning Commission, the matter shall be returned to Council with a report of any action by the Planning Commission and Council shall then act within 30 days of such remand.

      (3)   On an appeal brought pursuant to § 150.1607(A)(2). Council by five concurring votes may overrule the denial of the application by the Planning Commission and approve the application as submitted or approve the application with such additional modifications as Council may decide are appropriate with such five concurring votes.

      (4)   On an appeal brought pursuant to § 150.1607(B), Council by five concurring votes may approve the application as submitted to the Planning Commission or as submitted to the Planning Commission with such additional modifications as Council may decide are appropriate by five concurring votes. If there are fewer than five votes to approve the application as appealed, the application shall be considered denied unless Council by the affirmative vote of four or more members elects to remand the appeal back to the Planning Commission as provided in division (2) above.

   Failure of Council to act within 30 days of the public hearing on appeal or within 30 days of the return of an application to Council following a remand to the Planning Commission, whichever is later, shall be deemed to be a denial of the appeal if such appeal is brought pursuant to § 150.1607(A)(2) or approval of the application as submitted if the appeal was brought pursuant to § 150.1607(B).

(Ord. 5-2005, passed 3-23-05)

   Following Council's confirmation of an application for a conditional use permit, the Zoning Administrator shall issue a conditional use permit.

   (A)   The permit shall authorize a particular conditional use on a specific parcel for which it was approved. The permit shall be valid only for the use and the operation of such use as specified on the permit and may not be transferred by the applicant to any other person or entity without written approval of Planning Commission and City Council. The breach of any condition, safeguard or requirement shall constitute a violation of this Zoning Code.

   (B)   The conditional use permit shall expire one year from the date of enactment unless the following occur:

      (1)   The final development plan is approved for uses that require a final development plan;

      (2)   Substantial progress in the establishment of the use is accomplished; or

      (3)   As otherwise specifically approved by the Planning Commission.

   (C)   Other than a minor alteration, any expansion, enlargement, or change in the operation of the conditional use that involves enlarging buildings or structures, expanding impervious surfaces including parking areas, or changing the use shall require approval of a separate conditional use permit.

(Ord. 5-2005, passed 3-23-05)

   No re-application for a conditional use permit shall be accepted by the Zoning Administrator until the expiration of one year after the denial, unless the Planning Commission determines that there is good cause shown by the applicant for re-application. A vote of five of the seven members is required for this early re-application. A re-application shall comply with all the requirements of this Chapter, including payment of the required fee.

(Ord. 5-2005, passed 3-23-05)

   Within each zoning district established by the Zoning Code and amendments thereto, uses of land or structures which are compatible with each other are permitted in the district. To the extent that new types of uses are created and are not addressed by this Zoning Code, this section provides the procedure by which the Planning Commission may make a determination that a new use is similar to a use permitted in a district.

   (A)   Determination. A proposed use may be permitted as a similar use when the Planning Commission determines that such proposed use is in compliance with the following provisions:

      (1)   The proposed use is not prohibited in any other district;

      (2)   The proposed use is not listed as a permitted building or use in any other district;

      (3)   The proposed use conforms to and is consistent with the Purpose statement of the proposed district more appropriately than in any other district;

      (4)   The proposed use is of the same general character as the permitted uses in the district to which it is proposed or is similar to a specific use permitted in that district.

   (B)   Procedure. The Planning Commission shall review the proposed use according to the conditional use procedures set forth in §§ 150.1602 through 150.1605, including the requirement for a public hearing.

   (C)   Action by Planning Commission. The Planning Commission shall, within 10 days after its hearing, forward a recommendation to City Council in compliance with the procedures set forth in § 150.1607. The Planning Commission shall recommend that Council confirm, confirm with modifications or deny the application for a similar use determination and provide the reasons for their decision.

   (D)   Action by Council. Council shall act upon such recommendation pursuant to the procedures of § 150.1608 If Council confirms the proposed similar use, then the similar use shall be added to those districts that allow the principal or conditional use that is most similar Districts. If Council, by a majority vote of its members, concurs with the recommendations of the Planning Commission and confirms the proposed similar use, then the similar use shall be added to those districts that allow the principal or conditional use that is most similar, as identified in the recommendation. Council shall complete their review within 60 days from the date the application is forwarded from the Planning Commission.

(Ord. 5-2005, passed 3-23-05)