Nitro City Zoning Code
CONDITIONAL USES
§ 152.200 CONDITIONAL USE PERMIT.
(A) Generally. A conditional use permit shall be obtained for certain uses which may be harmonious under special conditions and in specific locations within a zone, but shall not be allowed under the general conditions of the zone as stated in this chapter.
(B) Submittal. All conditional use permit applications shall be submitted to the Code Official who in turn will forward the application to the Zoning Board of Appeals. All applications shall be accompanied by maps, drawings, statements or other documents in accordance with the provisions of § 152.007(F)(4) of this chapter. A fee established by this chapter shall be collected at the time of submittal of any amendment to an approved conditional use permit as determined by the city.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)
§ 152.201 PUBLIC HEARING.
Prior to the approval, amending or denial of a conditional use permit, a public hearing shall be held in accordance with the provisions of § 152.009 of this chapter. Upon the completion of said public hearing, the Zoning Board of Appeals shall render a decision within a time limit as required by law.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)
§ 152.202 DETERMINATION; AUTHORIZATION.
(A) The Zoning Board of Appeals, shall have the authority to impose conditions and safeguards as deemed necessary to protect and enhance the health, safety and welfare of the surrounding area.
(B) The authorization of a conditional use permit shall not be made unless the evidence presented is such as to establish:
(1) Such use will not, under the specific circumstances of the particular case, be detrimental to the health, safety or general welfare of the surrounding area and that the proposed use is necessary or desirable and provides a service or facility that contributes to the general well being of the surrounding area;
(2) Such use will comply with the regulations and conditions specified in this chapter for such use; and
(3) The Zoning Board of Appeals shall itemize, describe or justify, then have recorded and filed in writing, the conditions imposed on the use.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)
§ 152.203 EXPIRATION AND REVOCATION.
(A) General. Any granted conditional use permit shall become null and void within one year of the date of approval if not exercised. A conditional use permit shall be considered exercised when the use has been established or when a building permit has been issued and substantial construction accomplished. If the permit is abandoned or discontinued for a period of one year, it may not be reestablished unless authorized by the Zoning Board of Appeals.
(B) Revocation. A conditional use permit may be revoked if the applicant fails to comply with the imposed conditions by the Zoning Board of Appeals.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)
§ 152.204 AMENDMENTS.
An amendment to an approved conditional use permit shall be submitted to the Code Official accompanied by supporting information, and the Code Official shall in turn forward the amendment to the Zoning Board of Appeals. The Zoning Board of Appeals shall hold a public hearing in accordance with the requirements established by § 152.202 of this chapter and shall review the amendment and shall be permitted to grant, deny or amend such amendment and impose conditions deemed necessary.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)
§ 152.205 CONDITIONAL USE REVIEW CRITERIA.
(A) A request for a conditional use shall be permitted to be approved, approved with conditions or denied.
(B) Each request for a conditional use approval shall be consistent with the criteria listed below:
(1) The request is consistent with all applicable provisions of the comprehensive plan;
(2) The request shall not adversely affect adjacent properties;
(3) The request is compatible with the existing or allowable uses of adjacent properties;
(4) The request can demonstrate adequate public facilities, including roads, drainage, potable water, sanitary sewer, and police and fire protection exist or will exist to serve the requested use at the time such facilities are needed;
(5) The request can demonstrate adequate provision for maintenance of the use and associated structures;
(6) The request has minimized, to the degree possible, adverse affects on the natural environment;
(7) The request will not create undue traffic congestion;
(8) The request will not adversely affect the public health, safety or welfare; and
(9) The request conforms to all applicable provisions of this chapter.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)