I Industrial District

   MI Marine Industrial District

      *retail activities incidental to permitted Marine Industrial uses

   MR Marine Recreation District

   *Cluster Home Planned Unit Development.

   (Ord. 1998-125. Passed 1-5-99; Ord. 2010-28. Passed 7-6-10; Ord. 2014-090. Passed 10-21-14.)

   (b)   In addition to those uses specified in Section 1138.01(a) conditional use permits shall also be required for the following when located in any district:

   (a)   Any person, firm or corporation owning or leasing land who desires a conditional use permit, shall file application with the Zoning Inspector a written application on such form as developed by the Zoning Inspector. If the applicant is not the owner of the land, the owner shall sign and be made party to the application. The applicant shall submit, with the application, information sufficient to the Planning Commission describing the proposed use. Said information shall be submitted in six copies, and shall include as a minimum, but not solely limited to:

   (b)   The applicant shall remit with his or her completed application, a nonrefundable fee of two hundred dollars ($200.00); if an engineering review of the application is required, an additional fee of one hundred dollars ($100.00) shall be submitted. These fees will be sufficient to provide for the engineering review by the Village Engineer, as required, and notices and publications required for one public hearing. If additional public hearings and notices are required for consideration by Council, the applicant shall remit an additional nonrefundable fee of seventy-five dollars ($75.00) prior to publishing of notice of said public hearing. The applicant shall also remit with his or her application the additional fee of two dollars ($2.00) for each person or household in excess of ten that must be notified pursuant to Section 1138.03(b).

   The applicant shall bear the cost of preparation of all legislation, maps and legal requirements for the consideration of such conditional use requests.

(Ord. 2007-069. Passed 8-14-07.)

   (a)   The Zoning Inspector shall examine the application and all documents and data connected therewith and shall submit the application to the Planning Commission within a reasonable time for consideration at a regularly schedule meeting. Upon notice from the Planning Commission, the Fiscal Officer shall schedule a Public Hearing and give notice thereof by publication in a newspaper of general circulation in the municipal corporation once a week for two consecutive weeks on the same day of the week, and no hearing thereon shall be held less than five nor more than ten days following the last publication. Said notice shall give the time place and purpose of said hearing.

   (b)   The Fiscal Officer shall also send written notice of the public hearing to the owners of property contiguous to and directly across the street from the subject property at least ten days prior to the date of the public hearing. Notice shall be sent by first class mail to the address shown on the current tax list shall constitute compliance with this section.

   (c)   At least five days preceding the Planning Commission's public hearing, the applicant shall erect on the subject property a sign or signs furnished by the Zoning Inspector including the nature of the request and the date, time and place of the public hearing. The sign shall be erected by the applicant within ten feet of whatever property line abuts a public street and shall be placed as to be clearly visible from the roadway. If no public street abuts thereon, then the sign shall be erected in the same manner as above on at least two property lines as directed by the Zoning Inspector.

(Ord. 1998-125. Passed 1-5-99; Ord. 99-46. Passed 5-4-99.)

   (a)   The Planning Commission shall conduct a public hearing and shall act upon the request within a reasonable time thereafter. In reviewing a request the Planning Commission shall consider whether the proposed use:

         (Ord. 1998-125. Passed 1-5-99.)

   (b)   For all Cluster Home Planned Unit Development applications, the Planning Commission shall conduct a public hearing on the application and the Planning Commission shall then act upon the application for a Cluster Home Planned Unit Development within a reasonable time thereafter. In reviewing a request the Planning Commission shall consider all of the conditions in Section 1138.04(a) and all of the following conditions for a Cluster Home Planned Unit Development in the MR District:

         (Ord. 2014-090. Passed 10-21-14.)

   (a)   Upon approval of a request by the Planning Commission, the Chairman shall notify in writing, the Fiscal Officer and the Village Council. Within fifteen days after receipt of said written notification by the Chairman, any two or more members of the Village Council may, in writing, request that the Fiscal Officer set a public hearing to review the decision of the Planning Commission, and in such event, the decision of Council shall be final. Notice of said hearing by Council shall be given as provided previously.

   (b)   If two or more members of Council fail to request a hearing within said fifteen days, the decision of the Planning Commission shall be final. In such event, or if Council affirms the decision of the Planning Commission, the Zoning Inspector shall prepare and issue a conditional use permit which shall clearly state any and all conditions attached thereto.

(Ord. 1998-125. Passed 1-5-99; Ord. 99-46. Passed 5-4-99.)

   No reapplication for a conditional use permit which has been denied by the Planning Commission shall be submitted by the applicant, his successors or assigns in the same or modified form until the expiration of one year from the date of denial, except on grounds of newly discovered evidence or proof of substantially changed conditions which the applicant could not have reasonably anticipated prior to the denial of the application, as determined by the Planning Commission.

(Ord. 1998-125. Passed 1-5-99.)

   (a)   No person shall construct, reconstruct, enlarge, change, maintain or use any building or use any land in violation of any regulation or any provision of this chapter or the Zoning Ordinance, or any amendment thereto.

   (b)   Any person, firm or corporation violating this section of the Zoning Ordinances, or any regulation, provision or amendment thereto, shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than one hundred dollars ($100.00). Each and every day during which such illegal erection, construction, reconstruction, enlargement, change, maintenance or use continues shall be deemed a separate offense.

   (c)   In case any building is, or is proposed to be, located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land is, or is proposed to be, used in violation of law or of the Zoning Ordinance, or any amendment thereto, Council, the Solicitor, Zoning Inspector, or any adjacent or neighboring property owner who would be especially damaged by such violation, in addition to other remedies provided by law, may institute mandamus, abatement or any other appropriate actions or proceedings to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.

(Ord. 1998-125. Passed 1-5-99; Ord. 99-46. Passed 5-4-99.)