Under some unusual circumstances, a proposed use which more intensely affects an area than those uses permitted in the zoning district in which it is located, may nonetheless be desirable and compatible with permitted uses, if that use is properly controlled and regulated. Such uses shall be listed as conditional uses within the description of the respective zoning districts. The Planning and Zoning Board may allow such a use to be established as a conditional use where these unusual circumstances exist and where the proposed use will be consistent with the general purpose and intent of this planning and zoning code.

(2003 Code, § 153.125) (Ord. 3459, § 8.01, passed 3-7-2002)

   (A)   Any person owning or having an interest in property may file an application to use such property for a conditional uses provided for by this chapter in the zoning district in which the property is situated.

   (B)   An application for a conditional use shall contain the following, and shall be filed in triplicate with the Zoning Inspector, who shall forward within five working days a copy to the members of the Planning and Zoning Board:

      (1)   All of the information required for a zoning permit, pursuant to § 153.037;

      (2)   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;

      (3)   A narrative statement evaluating the effects on adjoining property, and a discussion of the general compatibility with adjacent and other properties in the district;

      (4)   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 County Auditor’s current tax list; and

      (5)   Such other information regarding the property, proposed use or surrounding area as may be pertinent to the deliberations of the Planning and Zoning Board.

(2003 Code, § 153.126) (Ord. 3459, § 8.02, passed 3-7-2002)

   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 the existing or intended character of the general vicinity and that such use will not change the general character of such area;

   (B)   Seeks to maintain, and will not be hazardous to, the health, safety and welfare of the existing neighboring, and the total community;

   (C)   Will be served adequately by essential public facilities and services 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;

   (D)   Will not create excessive additional requirements for public facilities and services and will not be detrimental to the economic welfare of the community;

   (E)   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; and

   (F)   Will have vehicular approaches to the property which shall be so designated as not to create an interference with traffic on surrounding public streets or roads.

(2003 Code, § 153.127) (Ord. 3459, § 8.03, passed 3-7-2002)

   In granting any conditional use, the Board may prescribe appropriate conditions and safeguards in conformance with this chapter.

(2003 Code, § 153.128) (Ord. 3459, § 8.04, passed 3-7-2002)

   The Board may hold a public hearing within 30 days from the receipt of the application specified in § 153.121. The requirements for public notice and notification of parties of interest shall be the same as for appeals and/or variances as specified in §§ 153.104 and 153.105.

(2003 Code, § 153.129) (Ord. 3459, § 8.05, passed 3-7-2002)

   Within 30 days after the public hearing pursuant to § 153.124, or within 30 days from the date of the application if such hearing is not held, the Board shall either approve, approve with supplementary conditions as specified in § 153.123, or disapprove the application as presented. If the application is approved with supplementary conditions, the Board shall direct the 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.

(2003 Code, § 153.130) (Ord. 3459, § 8.06, passed 3-7-2002)

   The approval of the zoning permit issued in accordance with § 153.125 shall become null and void if such use is not carried out within one year after date of approval; however, the Planning and Zoning Board may grant an extension of a zoning permit for a conditional use for an additional period of six months. The city may revoke the zoning permit upon written evidence by any residents or official of the city of violation of this chapter and/or written terms and conditions upon which approval was based.

(2003 Code, § 153.131) (Ord. 3459, § 8.07, passed 3-7-2002)