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City Zoning Code
City Zoning Code
CONDITIONAL USES
§ 156.205 PURPOSE.
Under some unusual circumstances, a use which more intensely affects an area than those uses permitted in the zoning district in which it is located may nevertheless be desirable and also compatible with permitted uses, if that use is properly controlled and regulated. Such uses shall be listed as “conditional uses” within the respective zoning districts. The Board of Zoning Appeals may allow such a use to be established as a conditional use where these unusual circumstances exist and where the conditional use will be consistent with the general purpose and intent of this Zoning Code.
(Ord. 34-90, passed 12-26-90)
§ 156.206 APPLICATION FOR CONDITIONAL USE.
Any person owning or having an interest in property may file an application to use such property for one of the conditional uses provided for by this chapter in the zoning district in which the property is situated. An application for a conditional use shall be filed in triplicate with the Building and Zoning Inspector who shall forward within five days a copy to the Board of Zoning Appeals. At a minimum the application shall contain the following information:
(A) Name, address, and phone number of applicant.
(B) Legal description of the property as recorded in the Fayette County Recorder's office.
(C) Description of existing use.
(D) Present zoning district.
(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 area, traffic circulation, open spaces, landscaping, refuse, and service areas, utilities, signs, yards, and such other information as the Board may require to determine if the proposed conditional use meets the intent and requirements of this chapter.
(G) A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, light, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district.
(H) The names and addresses of all property owners within 200 feet, contiguous to, and directly across the street from the property, as appearing on the Fayette County Auditor's current tax list. The applicant shall also provide the addresses of all property within the above referenced boundaries.
(I) Such other information regarding the property, proposed use, or surrounding area as may be pertinent to the deliberations of the Board.
(Ord. 34-90, passed 12-26-90)
§ 156.207 GENERAL STANDARDS FOR CONDITIONAL USES.
The Board shall not approve a conditional use unless it shall, in each specific case, make specific findings of fact directly based on the particular evidence presented to it, that support conclusions that such use at the proposed location shall meet all of the following requirements:
(A) Will be harmonious with and in accordance with the general objectives, or with any specific objective or purpose of this Zoning Code.
(B) Will be harmonious with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.
(C) Will not be hazardous to existing or future neighboring uses.
(D) Will be served adequately by essential public facilities and serves such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.
(E) Will not create excessive additional requirements for public facilities and services and will not be detrimental to the economic welfare of the community.
(F) 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.
(G) Will have vehicular approaches to the property which shall be so designated as not to create in interference with traffic on surrounding public streets or roads.
(Ord. 34-90, passed 12-26-90)
§ 156.208 SUPPLEMENTARY CONDITIONS.
In granting any conditional use, the Board may prescribe appropriate conditions and safeguards in conformance with this chapter.
(Ord. 34-90, passed 12-26-90)
§ 156.209 PUBLIC HEARING BY THE BOARD OF ZONING APPEALS.
The Board shall hold a public hearing within 30 days from the receipt of the application specified in § 156.206 unless the Board decides by affirmative vote that a hearing is not needed in the specific case being considered. If a public hearing is held, the requirements for public notice and notification of parties of interest shall be the same as for appeals and variances as specified in § 156.228(F) and (G) of this chapter.
(Ord. 34-90, passed 12-26-90)
§ 156.210 ACTION BY THE BOARD OF ZONING APPEALS.
Within 30 days after the public hearing pursuant to division (E) of this section, the Board shall either approve, approve with supplementary conditions as specified in division (D) of this section, or disapprove the application as presented. If the application is approved with supplementary conditions, the Board shall direct the Building and Zoning Inspector to issue a zoning permit listing the specific conditions listed by the Board for approval. If the application is disapproved, the applicant may seek relief through the Court of Common Pleas.
(Ord. 34-90, passed 12-26-90)
§ 156.211 EXPIRATION AND REVOCATION OF ZONING PERMIT ISSUED UNDER CONDITIONAL USE PROVISIONS.
(A) The approval of the zoning permit issued in accordance with division (F) of this section shall become null and void is such use is not carried out within one year after date of approval. The Board may revoke the zoning permit upon written evidence by any residents or official of the city of violation of the Zoning Code and/or written terms and conditions upon which approval was based.
(B) The Board may grant an extension of a zoning permit issued in accordance with § 156.210 for an additional period of six months.
(Ord. 34-90, passed 12-26-90)