(1)

PERMITS. The Village Board may authorize the Zoning Administrator to issue a conditional use permit for conditional uses after review and a public hearing, provided that such conditional uses and related structures are in accordance with the purpose and intent of this chapter and are found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community.

(2)

APPLICATION. Applications for conditional use permits shall be made in duplicate to the Zoning Administrator on forms furnished by the Zoning Administrator or designated employees and shall include the following:

(a)

Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor and all opposite and abutting property owners of record within 300 feet.

(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 is located.

(c)

Plat of survey prepared by a registered land surveyor showing all of the information required under section 17.07(5) of this chapter for a building permit as well as the following: mean and historic high water lines and floodlands on or within 40 feet of the subject premises and existing and proposed landscaping.

(d)

Additional information as may be required by the Plan Commission, Village Engineer, Zoning Administrator or Building Inspector.

(3)

HEARINGS AND REVIEW. (Am. Ord. #10-18) The Plan Commission shall hold a public hearing on a conditional use permit application and shall give notice as specified in section 17.53 of this chapter. The Plan Commission 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 systems, and the proposed operation. 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 park requirements may be recommended by the Plan Commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter.

(4)

VILLAGE BOARD ACTION. (Am. Ord. #10-18) After careful consideration of the recommendation of the Plan Commission, the Village Board may grant the conditional use permit as applied for, grant the conditional use permit with conditions deemed appropriate by the Board, or deny the permit. Compliance with all other provisions of this chapter such as lot width and area, yards, height, parking, loading, traffic, highway access and performance standards shall be required of all conditional uses. Variances shall only be granted as provided in section 17.52 of this chapter.

(5)

RECORDATION. When a conditional use is approved, an appropriate record shall be made of the land use and building permits and such conditional use shall be applicable solely to the structures, use and property so described.

(6)

PERMIT LAPSES. (Am. Ord. #3-94; Am. Ord. #06-08)

(a)

Except under the following conditions, if substantial construction or other activities necessary to implement a use authorized by a conditional use permit and/or the use has not commenced within 12 months from the date approval is granted by the Village Board, and, continue toward completion in accordance with the proposed/approved timeframe, or, if said construction or use has commenced but subsequently is stopped or abandoned for a period of 12 consecutive or cumulative months, the conditional use permit shall be deemed to have lapsed and all other Village permits and/or approvals granted subsequent to such conditional use permit approval shall expire and be null and void.

1.

An extension has been granted pursuant to section 17.42(8); or

2.

Different project-specific commencement and/or completion deadlines and timeframes have been established as a condition of approval in the conditional use permit.

(b)

If a conditional use permit has lapsed and the applicant/property owner submits an application to renew a conditional use permit for the same use, the Village Board may approve the permit as was originally approved, or, may require revisions to and/or additional conditions of approval as deemed necessary.

(7)

TERMINATION. (Am. Ord. #9-11) In the event that a permitted conditional use subsequently does not conform to the conditions of the original permit granted, the conditional use permit shall be terminated by action of the Village Board after a public hearing and may be considered by the Board as a violation of this chapter.

(8)

EXTENSION OF DEADLINE FOR COMMENCEMENT OR COMPLETION. (Cr. Ord. #06-08) At its discretion, for good cause and following consideration of a written request by the applicant/property owner, the Village Board may grant one or more extensions of the deadline to commence, complete or continue the use for which a conditional use permit was granted. The duration of each extension shall be determined by the Village Board but shall not exceed 12 months.

(9)

EXERIENCE-BASED MODIFICATIONS. (Cr. Ord. #9-11) Where an approved conditional use falls out of conformity with the conditions of the original approval, or where there is a change in the nature, character, intensity or extent of the permitted conditional use which causes special problems or harmful effects otherwise associated with the use to be no longer ameliorated or eliminated, or where conditions imposed were anticipated to ameliorate or eliminate harmful effects associated with the conditional use but are insufficient to do so, or for similar cause based upon consideration for the public comfort, safety and welfare, the conditional use permit may be modified by the Village Board by the amendment or additions of conditions after public hearing thereon.

(10)

DENIALS OF CONDITIONAL USE PERMITS. (Cr. Ord. #11-2025) If the Village Board denies a conditional use permit application, the denial may be appealed to the circuit court through the certiorari procedures contained in Section 17.52(8).