Conditional Use Permits shall be required for certain uses as set forth in this Zoning Ordinance because of their uncommon or unique characteristics, infrequency of occurrence, large area requirements, potential for nuisance, or for other reasons. Such conditionally permitted uses shall not be permitted by right. Those uses enumerated in this Zoning Ordinance as conditionally permitted may be permitted in the district enumerated only if a determination is made by the Planning Commission that such uses conform to the criteria provided herein and subject to specific conditions by the Planning Commission, otherwise they shall be prohibited.

(Ord. 98-12. Passed 4-7-98.)

   (a)   Any person, firm, or corporation owning or leasing land who desires a Conditional Use Permit shall file a written application with the Zoning Inspector, on the forms provided. If the applicant is not the owner of the land, the owner shall sign and be made a party to the application.

   (b)   All applicants for a Conditional Use Permit shall supply the following information:

      (1)   The form supplied by the Zoning Inspector and completed by applicant.

      (2)   Legal description maps, a site plan, plot plan, or development plan of the entire property being considered, drawn to a reasonable scale and showing the location of all abutting streets, the location and dimensions of all existing and proposed structures, the types of buildings and their uses, the acreage or area involved, including that for parking and loading, and any proposed planting and landscaping plans, and other information so as to completely describe the proposed use and existing conditions.

      (3)   Location of all structures within fifty (50) feet of the property.

      (4)   Location and depth, if known of any existing utility lines in the property or along any adjacent street.

      (5)   Location of property boundaries.

      (6)   Location of any access, storm drainage or utility easements which cross or occupy any portion of the property.

   (c)   The applicant shall provide to the Zoning Inspector a list of names and addresses of all adjacent property owners.

   (d)   In those instances where the Planning Commission deems it appropriate, the applicant may also be required to provide such additional information as may be required by the Commission including, but not limited to:

      (1)   A Traffic Impact Analysis;

      (2)   A Drainage Impact Analysis;

      (3)   Evidence of Financial Capability; and

      (4)   Detailed architectural, engineering and construction plans.

   (e)   Each application shall be accompanied by a fee as established by Village Council. In addition, the Commission, where appropriate, may refer an application to qualified consultants for study and report if it deems the same necessary. The cost of such study and report shall be borne by the applicant, and the fee for same shall be deposited with the Village.

(Ord. 98-12. Passed 4-7-98.)

   (a)   When an application for a Conditional Use Permit has been deemed complete and filed in proper form with the Zoning Inspector, the Zoning Inspector shall forward such application and all supporting documents to the Planning Commission. The Planning Commission shall immediately place the application upon the calendar for hearing and shall cause notice to be given, as set forth herein, stating the time, place and subject of the hearing. Notice of the hearing shall given by written notice sent by first class mail at least ten (10) days prior to the date of the scheduled hearing to the applicant and the owners of all property contiguous to and directly across the street from the property for which a Conditional Use Permit has been requested. Written notice of the time, place, and subject of the hearing shall also be published at least once in a publication of general circulation a minimum of ten (10) days prior to said hearing date. The Planning Commission may, at its discretion, but is not required to, send out additional notices to other persons or entities to further publicize said hearing. The Commission may recess such hearing from time to time and, if the time and place of the continued public hearing is publicly announced at the time of such recess, no further notice of the continued hearing shall be required. A notice of “Final Action” shall be served by first class mail to the applicant at the address specified in the application regarding the decision of the Planning Commission upon such application.

   (b)   The Planning Commission shall approve, modify, or deny the Conditional Use Permit within sixty (60) days of the date that the application first appears on its agenda. In cases where the Commission requests a report from a consultant, such time may be extended by mutual consent of the Commission and the applicant.

   (c)   Prior to the granting of any Conditional Use Permit, the Planning Commission may stipulate such conditions and restrictions upon the establishment, location, or construction, maintenance, and operation of the conditional use as it deems necessary for the protection of the public and to secure compliance with the standards and requirements specified in this Zoning Ordinance. In all cases in which conditional uses are granted, the Planning Commission shall require such evidence and guarantees as it may deem necessary to assure that the conditions stipulated in connection therewith are being and will be complied with.

   (d)   In approving a Conditional Use Permit, the Planning Commission, with due regard to the nature and state of all adjacent structures and uses in the district within which same is located, shall make written findings that the following are fulfilled:

      (1)   The use requested is listed among the conditional uses in the district for which application is made; or is similar in character to those listed in that district;

      (2)   The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor adversely affect the safety, health, morals, or welfare of the community or of the immediate neighbors of the property;

      (3)   The requested use is essential or desirable to the public convenience or welfare;

      (4)   The requested use will be in conformity with a land use plan;

      (5)   Adequate utilities, access roads, drainage, sanitation or other necessary facilities have been or are being provided;

      (6)   That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize the traffic congestion in the public streets; and

      (7)   That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located and preserve the purpose and intent of this Zoning Ordinance.

   (e)   No Conditional Use Permit or Zoning Permit shall be issued by the Zoning Inspector for fifteen (15) days after the Planning Commission's approval of a conditional use. Within those fifteen (15) days, an appeal may be filed to the Village Council by filing with the Village Clerk a written notice of appeal. The Clerk shall schedule the appeal for the next available Council meeting. The Conditional Use Permit shall not be granted until the resolution of the appeal. If no appeal is filed within fifteen (15) days of the Planning Commission's decision, that decision shall be final and a Conditional Use Permit shall be issued by the Zoning Inspector.

   (f)   If the Planning Commission denies an application for a Conditional Use Permit, the applicant shall have the right to appeal such decision to the Village Council by filing with the Village Clerk a written Notice of Appeal within fifteen (15) days of the Planning Commission's action. The Clerk shall schedule the appeal for the next available Council meeting. If no appeal is filed within fifteen (15) days, the Commission's decision shall be final.

(Ord. 98-12. Passed 4-7-98; Ord. 2011-46. Passed 2-1-11.)

   Granting of a Conditional Use Permit does not exempt the applicant from complying with all of the requirements of the Building Code and other ordinances.

(Ord. 98-12. Passed 4-7-98.)

   Any conditions imposed on a conditional use authorized and exercised shall be perpetually binding upon the property unless expressly limited by the Conditional Use Permit or subsequently changed or amended by the Planning Commission after a public hearing.

(Ord. 98-12. Passed 4-7-98.)

   A Conditional Use Permit shall become void at the expiration of one (1) year after its date of issuance, unless construction has been started or the use established.

(Ord. 98-12. Passed 4-7-98.)

   (a)   In any case where the conditions of a Conditional Use Permit have not been or are not being complied with, the Zoning Inspector shall give the permittee notice of intention to revoke such permit at least ten (10) days prior to a public review thereof by the Planning Commission. The Planning Commission may revoke any Conditional Use Permit for violation of the terms and conditions of said Permit or of any regulations of the Zoning Ordinance or other applicable Village laws.

   (b)   Any person who is aggrieved by a decision of the Planning Commission to revoke a Conditional Use Permit may appeal such revocation to the Village Council by filing an appeal with the Village Clerk within fifteen (15) days of such action. Upon receipt of a written appeal, the Village Clerk shall schedule such appeal for the next available Council meeting. The Conditional Use Permit shall not be revoked until the resolution of the appeal.

(Ord. 98-12. Passed 4-7-98.)

   No application for a Conditional Use Permit, 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 grounds of newly discovered evidence or proof of changed conditions which would be sufficient to justify reconsideration as determined by the Commission. Each application shall be accompanied by the fee as established by Council.

(Ord. 98-12. Passed 4-7-98.)