1262.19 CONDITIONAL USES.
The Board of Zoning Appeals shall hear and decide requests for only such conditional uses as it is specifically authorized to pass on by this Zoning Code; shall decide such questions as are involved in determining whether or not conditional uses should be granted; and shall grant conditional uses with such conditions and safeguards as are appropriate under this Zoning Code, or deny conditional uses when not in harmony with the purpose and intent of this Zoning Code. A conditional use shall not be granted by the Board unless and until the following procedure is followed:
(a) A written application for a conditional use shall be submitted indicating the section of this Zoning Code under which the conditional use is sought and stating the grounds on which it is requested. If and when the Board grants the conditional use, it shall state that such use is granted under authority of or pursuant to the section referred to by the applicant in his or her application, as aforesaid.
(b) Notice shall be given at least fifteen days in advance of public hearing. The owner of the property for which the conditional use is sought, or his or her agent, shall be notified by mail. Notice of such hearing shall be posted on the property for which the conditional use is sought, at the Municipal Building and in one other public place at least fifteen days prior to the public hearing.
(c) The public hearing shall be held. Any party may appear in person or by an agent or attorney.
(d) The Board shall make a finding that is authorized under the section of this Zoning Code described in the application to grant the conditional use and that the granting of the conditional use will not adversely affect the public interest.
(e) Before any conditional use is granted, the Board shall make written findings certifying compliance with the specific rules governing individual conditional uses and that satisfactory provisions and arrangements have been made concerning the following, where applicable:
(1) Ingress and egress to property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe;
(2) Off-street parking and loading areas, where required, with particular attention to the items in paragraph (e)(1) hereof and the economic, noise, glare or odor effects of the conditional use of adjoining properties and properties generally in the district;
(3) Refuse and service areas, with particular reference to the items in paragraphs (e)(1) and (2) hereof;
(4) Utilities, with reference to locations, availability and compatibility;
(5) Screening and buffering, with reference to type, dimensions and character;
(6) Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district;
(7) Required yards and other open spaces; and
(8) General compatibility with adjacent properties and other property in the district. (Ord. 546B. Passed 2-25-76.)