Black Earth Village
City Zoning Code
City Zoning Code
ARTICLE VII
Conditional Uses
§ 310-40 Conditional use permits.
The Village Board may authorize the Building Inspector to issue a conditional use permit for conditional uses after review and a public hearing, provided that such additional uses or structures are in accordance with the purpose and intent of this chapter. The conditional use permits provided for in this section are applicable to conditional uses and structures set forth in Article V and its sections as well as the conditional uses set forth in this article and its sections.
§ 310-41 Application for conditional use permit.
Applications for conditional use permits shall be made in duplicate to the Building Inspector on forms provided by the Building Inspector. Such applications shall be forwarded to the Village Board on receipt by the Building Inspector. Such applications shall include, where applicable:
A.
Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor and all opposite and abutting property owners of record.
B.
Description of the subject site by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.
D.
Additional information as may be required by the Village Board, Consulting Engineer, Building Inspector or Health Officer.
§ 310-42 Review and approval.
The Village Board shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water service information as required by this chapter and the proposed operation. The Village Board shall hold a public hearing on the proposed conditional use. Notice of time and place of such hearing shall be published not less than 15 nor more than 30 days preceding said hearing and at least once in one or more newspapers of general circulation in the Village. The Village Clerk-Treasurer shall notify all abutting or opposite property owners, as listed by the applicant in the original application, of the time, date and subject matter of the hearing. Failure to comply with this provision shall not, however, invalidate any previous or subsequent action on the application.
§ 310-43 Standards.
A.
No conditional use shall be granted by the Village Board unless the Village Board shall find that:
(1)
The establishment, maintenance or operation of the conditional use will be in strict conformance with the requirements of this chapter.
(2)
The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish and impair property values within the neighborhood.
(3)
Adequate utilities, access road, drainage and/or necessary facilities have been or are being provided.
(4)
Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
(5)
The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located.
B.
Added conditions. Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements may be required by the Village Board upon its finding that these are necessary to fulfill the purpose and intent of this chapter.
§ 310-44 Resubmission of denied application.
No application for a conditional use that has been denied wholly or in part shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Building Inspector.
§ 310-45 Expiration.
In any case where a conditional use has not been established within one year after the date of granting thereof, then, without further action by the Village Board, the conditional use or authorization shall be null and void.