Boston Township

To provide for issuance of Conditional Zoning Permits where conditionally permitted uses are provided for in this Resolution. 800.01 The Board of Zoning Appeals may authorize, upon application, conditional uses as delineated in Sections 800 through 807. Such conditional use requests shall conform to the procedures and requirements of Sections 800 through 807 inclusively. 800.02 Application for a Conditional Use Permit An application for a conditional use permit shall be filed with the Zoning Inspector by at least one owner or owner's agent for which such conditional use is proposed. The application shall be signed by the owner or applicant attesting to the accuracy of all information supplied by the application provided, however, that the Zoning Inspector may waive certain submission requirements where it is determined that it is not applicable: At a minimum, the application shall contain the following information: a. Name, address and phone number of applicant. b. Legal description of property. c. Description of existing use. d. Zoning district. e. Description of proposed conditional use. f. A site plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and 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 Resolution (see Section 803.05 Contents of Site Plan). g. A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, odor and fumes on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; h. Applicant shall supply the Zoning Inspector the names of property owners within 500 feet of the subject property as shown on the current record of the Summit County Auditor. Names shall be printed on gummed address labels. i. Each application shall be accompanied by the payment of a fee as indicated by these regulations, said fees are non-refundable. 800.03 Review by Zoning Commission The Zoning Inspector must submit the application to the Zoning Commission and to the Board of Zoning Appeals at the same time for their review. The Zoning Commission will act as the technical review committee for the Board of Zoning Appeals regarding site plan reviews. The Zoning Commission will submit their written recommendations to the Board of Zoning Appeals within forty-five (45) days of the first meeting of the Zoning Commission following the submission of such application. For a more timely review, it is advised that the applicant submit a complete application to the Zoning Inspector two weeks prior to the next Zoning Commission meeting. 800.04 Hearing Within forty-five (45) days after receiving the recommendations of the Zoning Commission, the Board of Zoning Appeals shall hold a public hearing or hearings upon every application after at least one (1) publication in a newspaper of general circulation in the community, at least ten (10) days prior to the date of the hearing. Such notice shall indicate the place, time and subject of the hearing. Also, notification to adjacent property owners shall be mailed by the Zoning Inspector, by first class mail, at least ten (10) days before the day of the hearing. 800.05 Special Provisions for the Village Residential Districts The National Park Service will be afforded the opportunity to review and comment on all conditionally permitted use and site plan review applications, if such applications are located within the Village Residential Zoning Districts. This is for the purpose of better coordinating historic preservation related reviews. Both of the Village Residential Zoning Districts are Historic Districts. These Districts are comprised of the 1.) Boston Mills Historic District and 2.) the Everett Historic District (see Appendix). 800.06 Action by Board of Zoning Appeals Only upon conclusion of the public hearing procedures relative to a specific application may the Board of Zoning Appeals grant a conditional zoning permit. Within thirty (30) days after the public hearing required in Section 800.04, the Board of Zoning Appeals shall either approve, approve with supplementary conditions, or disapprove the conditional use application. If approved, the applicant shall sign the conditional zoning permit, thereby acknowledging the conditions and requirements specified thereon. The breach of any condition, safeguard, or requirement shall automatically invalidate the permit granted, and shall constitute a violation of this zoning code. 800.07 Reapplication No application for a conditional zoning permit, which has been denied wholly or in part by the Board of Zoning Appeals, shall be resubmitted until the expiration of one (1) year or more from the date of such denial, except on the grounds of newly discovered evidence or proof of changed conditions which would be sufficient to justify reconsideration by the Board of Zoning Appeals. 800.08 Termination All conditional zoning permits shall become void at the expiration of one (1) year after the date of issuance, unless the use, building, or development, as provided for in the permit, is initiated and completed through the final stages or other work equivalent to fifteen (15) percent of the total cost of the proposed project. 800.09 Conditional Zoning Permit Extension At least fifteen (15) days prior to the expiration of the conditional zoning permit, application may be made to the Board of Zoning Appeals for a one (1) year extension of the permit with the same requirements and conditions which were part of the original permit. Any change in the requirements and conditions requires a new application, public hearing, and full compliance with all requirements and procedures.