CITY OF KENT, OHIO ZONING CODE CHAPTER 1107 CONDITIONAL ZONING CERTIFICATES AND SPECIALLY PERMITTED USES Page

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1 SPECIALLY PERMITTED USES Page SPECIALLY PERMITTED USES Purpose Application Procedures Submission Of Application Planning Commission Review Basis Of Determination Issuance Of Certificate/Permit Reapplication Compliance With Conditions Compliance With Other Law Termination PURPOSE The purpose of the provisions of this Chapter is to provide for the issuance of Conditional Zoning Certificates where conditionally permitted uses are provided for, and Specially Permitted Uses where such uses are provided for in this Zoning Ordinance APPLICATION PROCEDURES All applications for a Conditional Zoning Certificate or a Specially Permitted Use shall be submitted to the Community Development Department on forms provided for that purpose by the Community Development Department. Each application shall be accompanied by the payment of a fee as specified in Chapter of the Kent Codified Ordinances. Applicants shall be required to submit the following information along with the completed application form: (a) Cover Letter: A letter, submitted by the applicant which describes the proposed project and what it encompasses. Such letter shall be of no specific form but shall be as descriptive as possible. The cover letter shall also provide a statement supported by substantiating evidence regarding the requirements enumerated in (a) or (b). (b) Site Plan: The applicant shall submit eighteen (18) paper copies of a site plan of the proposed project showing the following items: (1) General Vicinity Map (2) Property Boundary Lines (3) Elevation Marks & Contours (4) Traffic & Circulation Plan (5) Adjacent Streets (6) Parking & Loading Plan (7) Landscaping Plan

2 SPECIALLY PERMITTED USES Page (8) Grading & Surface Drainage Plan Including Preliminary Storm Water Calculations & Description of Best Management Practices (9) Utilities Plan (Water and Sanitary Sewer) (10) Proposed Signage (11) Any additional information requested by the Community Development Department or the Planning Commission which is deemed necessary for the review of the application. The Community Development Department shall make the final determination as to the adequacy of the submission and may reject any submission which is determined to be incomplete. (c) Property Owner List: The applicant shall obtain the names and addresses of property owners within 200 feet of the property lines of the property being considered. The names and addresses shall be those that appear on the County Auditor's current tax list or the County Treasurer's mailing list. Alternatively, the City may waive this requirement if the City can provide this information. (d) Certificate of Appropriateness: In accordance with Chapter 1120 and Chapter 1121 of this Zoning Code (if and when adopted), the applicant shall provide a copy of the Certificate of Appropriateness as issued by the Architectural Review Board, when such a review is applicable. The Certificate shall be issued for the specific project and plans being presented for the Conditional Zoning Certificate or Specially Permitted Use SUBMISSION OF APPLICATION Once a completed Conditional Zoning Certificate or Specially Permitted Use application has been received, the Community Development Department shall determine an appropriate date at which the application shall be presented to the Planning Commission. At the applicant s request, the project may be presented conceptually to the Commission prior to the formal review for the Planning Commission s comments, however, no final action is permitted as part of the conceptual review. Upon submission of the full and complete application by the applicant, the following procedure shall be followed: (a) Administrative Review: The Community Development Department shall circulate copies of the submitted site plans to the following departments or committees: Engineering, Building, Police, Safety, Fire, Health, Community Development and the Parks / Recreation Department where appropriate. Each reviewer shall be asked submit their comments on the project as appropriate

3 SPECIALLY PERMITTED USES Page (b) Public Notification: The date, time and place of the Planning Commission public hearing involving the review of the request for a Conditional Zoning Certificate or Specially Permitted Use shall be published in each of the following ways: (1) Once in a newspaper of general circulation in the City at least fifteen (15) days prior to the date of the hearing. (2) Written notice of the hearing shall be mailed by the Community Development Department by certified mail at least fifteen (15) days before the date of the public hearing to the owners of property within and contiguous to and directly across the street from any part of the property or 200 feet from the property, whichever is greater, and the addresses of such owners shall be those as appear on the County Auditor's current tax list or the Treasurer's mailing list. The notice shall include an indication to such owners the intent of the Conditional Zoning Certificate or Specially Permitted Use request to be considered by the Commission at the public hearing. (3) The Community Development Department shall post a sign advertising the proposed project, the date and time of the initial Public Hearing. The sign shall be posted at the site not less than seven (7) days prior to the date of the meeting PLANNING COMMISSION REVIEW The Planning Commission shall hold a public hearing to review the proposed development as presented on the submitted application, plans and specifications in accordance with the standards established in this Zoning Ordinance. The Commission may also take into account comments from the administration or the general public in its evaluation of the project. Whenever it feels necessary, the Commission may attach conditions to the approval of a Conditional Zoning Certificate or Specially Permitted Use in order to insure the health, safety or welfare of the public as well as the integrity of an existing neighborhood in proximity to the development. (a) Special Studies Required: In the event that the Planning Commission feels that additional information is necessary in order to make its decision, it may instruct the applicant or the administration to conduct additional studies, or seek expert advice. The cost of such studies shall be borne by the applicant but in no event shall such cost exceed one thousand (1,000) dollars, which sum shall be on deposit with the City, upon request of the Commission. (b) Decision: The Planning Commission shall approve or disapprove all applications for Conditional Zoning Certificates or Specially Permitted Uses to come before it within sixty (60) days of the initial public hearing. Such period may be extended by the Commission in the event that additional studies are required.

4 SPECIALLY PERMITTED USES Page BASIS OF DETERMINATION The applicant shall be required to establish by clear and convincing evidence that the general standards of this Zoning Ordinance, this Chapter and the specific standards pertinent to each proposed use shall be met throughout the period of the proposed use. The Planning Commission shall determine compliance or non compliance and shall insure that the general standards, the specific standards and other terms of this Ordinance pertinent to the proposed use shall be satisfied by the completion and operation of the proposed development. (a) General Standards: The Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find that such use of the proposed location: (1) Shall be harmonious with and in accordance with the general objectives or with any specific objective of the Land Use and Thoroughfare Plan (Comprehensive Development Plan) of current adoption; (2) Shall be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use shall not change the essential character of the same area; uses; (3) Shall not be hazardous or disturbing to existing or future neighboring (4) Shall not be detrimental to property in the immediate vicinity or to the community as a whole; (5) Shall be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures; or that the persons or agencies responsible for the establishment of such use shall be able to provide adequately any such service including refuse disposal; and (6) Shall have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads. (b) Additional Standards For Special Zoning Permit Uses: The Planning Commission shall review each Special Zoning Permit application for conformance to the following additional general standards:

5 SPECIALLY PERMITTED USES Page (1) That the proposed use shall not be contrary to the public interest or injurious to nearby properties. (2) That the proposed use shall not enlarge or encourage the development of a blighting influence. (3) That the establishment of an additional regulated use in the area shall not be contrary to any program of neighborhood conservation. (4) That all applicable regulations of this Section shall be observed ISSUANCE OF CERTIFICATE OR PERMIT Only upon conclusion of hearing procedures relative to a particular application through adequate review and study may the Planning Commission authorize issuance of a Conditional Zoning Certificate or Special Zoning Permit. Once this approval has been authorized, the Community Development Department shall issue the Zoning Permit as specified in Section (c) REAPPLICATION No applicant for a Conditional Zoning Certificate or Specially Permitted Use which has been denied wholly or in part by the Planning Commission shall be resubmitted until the expiration of one year or more from the date of such denial, except on the grounds of newly discovered evidence as proof of changed conditions which would be sufficient to justify reconsideration as determined by the Commission. Each reapplication shall be accompanied by a fee as specified in Section of the Kent Codified Ordinances COMPLIANCE WITH GRANTED CONDITIONS AND REVOCATION OF CERTIFICATE OR PERMIT Prior to the issuance of a Certificate of Occupancy and from time to time thereafter, or upon the receipt of a complaint lodged with the Community Development Department concerning uses and/or operations directly or indirectly associated with a Conditional Zoning Certificate or Specially Permitted Use, the Community Development Department shall conduct an inspection of the premises in question to assure compliance with the granted conditions or the validity of a particular complaint.

6 SPECIALLY PERMITTED USES Page The breach of any condition, safeguard or requirement shall automatically invalidate the Certificate or Permit granted and shall constitute a violation of this Ordinance. Such violation shall be punishable as per Section COMPLIANCE WITH OTHER LAW All uses and associated premises, structures, activities, roads, parking areas, utilities and construction, established after the effective date of this Zoning Ordinance shall be in compliance with City Subdivision Regulations, Building Code, Property Maintenance Code, Health Code, Housing Code and all other applicable regulations TERMINATION The Conditional Zoning Certificate or Specially Permitted Use approval shall become void at the expiration of two years after the date of approval unless the legal construction of the project is started or the approved new or expanded use is legally changed.