This article describes procedures and standards for approval of conditional land uses. These uses, because of their unique characteristics, require special consideration in relation to the welfare of adjacent properties and the community as a whole. The regulations and standards in this article are designed to allow reasonable uses of land while maintaining adequate provisions for the protection of the health, safety and welfare of the community.

(Ord. No. 82, § 15.1, eff. 6-25-1991)

Application for approval of a conditional use shall be made by submitting the following to the zoning administrator:

(1)

Twelve copies of a site plan containing all of the information required by article VI of this chapter, provided that the zoning administrator may waive any of the submittal requirements contained in article VI of this chapter deemed unnecessary or not applicable.

(2)

A legal description, either by metes and bounds or by subdivision lot and block, and a street address.

(3)

A completed application on a form provided by the village.

(4)

Payment of an application fee, which shall be nonrefundable, as established from time to time by resolution of the village council.

(5)

The conditional use permit application may be accompanied by an application for a zone change, where such a zone change is necessary to the consideration of the application, provided that all applicable provisions for a zone change application have been complied with.

(6)

In cases where a public hearing on the conditional land use is required, the application shall be submitted at least 21 days prior to the desired public hearing date.

(Ord. No. 82, § 15.2, eff. 6-25-1991)

The procedure for all conditional land uses is illustrated in Figure 3.1 and described as follows:

(1)

Submittal requirements. Upon receipt of an application for approval of a conditional land use, the village clerk shall cause notice to be given, in accordance with the City and Village Zoning Act. The notice shall be in a newspaper of general circulation within the village not less than five days nor more than 15 days prior to the public hearing; the village clerk shall by mail send a copy of the notice to each property owner within 300 feet of the subject property. The notice shall:

a.

Describe the nature of the conditional land use request.

b.

Describe the property which is the subject of the conditional land use request, by both legal description and street address.

c.

State the time and date for a public hearing on the conditional land use request.

d.

State when and where written comments will be received concerning the conditional land use request.

(2)

Planning commission procedures. Following notice, the planning commission shall hold a public hearing on the conditional land use request, and the planning commission shall thereafter be responsible for consideration and recommendation to the village council for action on the conditional land use request, in accordance with the standards for approval contained in this chapter. Conditional land uses shall be subject to approval by the village council.

(3)

Administration. The village council shall inform the building inspector of its decision and any conditions. The building inspector shall, upon receipt of notice of approval and upon application by the applicant, accompanied by a receipt duly executed by the village clerk attesting to the payment of all required fees, issue a building permit for the approved conditional use, provided that he has found satisfactory compliance with all condition precedents imposed by such approval.

(Ord. No. 82, § 15.3, eff. 6-25-1991; Ord. No. 98, eff. 12-22-1995)

(a)

The planning commission shall recommend that the village council approve, approve with conditions or deny the conditional land use request, based upon review and consideration of materials submitted with the application and comments received at the public hearing, if one is held. The commission shall recommend to approve, or approve with conditions, a conditional land use request only upon a finding that all of the following standards for approval are complied with:

(1)

The use is designed and constructed, and will be operated and maintained, so as to the general vicinity, and such use will not change the essential character of the area in which it is proposed.

(2)

The use is, or will be, served adequately by public services and facilities including, but not limited to: streets, police and fire protection, drainage structures, refuse disposal, water and sewer facilities and schools.

(3)

The use does not involve activities, processes, materials and equipment or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of traffic, noise, smoke, fumes, glare, or odors.

(4)

The site plan proposed for such use demonstrates compliance with the conditional use standards noted in each zoning district.

(b)

The village council shall then approve, approve with conditions or deny the conditional land use request, based upon the recommendation of the planning commission.

(c)

The planning commission shall review the site plan for the conditional land use under the provisions of article VI of this chapter. Site plan review may be conducted simultaneously with conditional land use review. The planning commission may table the site plan to await action of the village council on the conditional land use, or take action on the site plan conditioned upon final action by the village council on the conditional land use.

(d)

The village council or zoning administrator, as applicable, may impose reasonable conditions in conjunction with approval of a conditional use which are deemed necessary to:

(1)

Ensure that public services and facilities will be capable of accommodating increased service and facility loads caused by the proposed conditional land use;

(2)

Protect the natural environment and conserve natural resources and energy;

(3)

Ensure compatibility with adjacent uses of land; and

(4)

Promote the use of land in a socially and economically desirable manner. Conditions imposed shall comply with the zoning act.

(e)

The decision of the village council or zoning administrator, as applicable, shall be incorporated in a statement of conclusions specifying the basis of the decision and any conditions imposed. The decision and statement of conclusions, including conditions imposed on any approval, shall be kept and made a part of the minutes of the village council or as part of an official record.

(Ord. No. 82, § 15.4, eff. 6-25-1991; Ord. No. 98, eff. 12-22-1995)

(a)

A conditional land use approval granted pursuant to this chapter shall be valid for one year from the date of approval, unless approval is revoked or the conditional use has been initiated or construction necessary for such use had been initiated and is proceeding meaningfully toward completion, in which case the approval shall remain valid indefinitely, unless the use is abandoned or discontinued for six consecutive months.

(b)

If, by the end of this one-year period, the conditional land use has not been initiated or construction necessary for such use has not been initiated or, if construction has been initiated, it is not proceeding meaningfully toward completion, then the conditional use approval shall be deemed expired and no longer valid.

(c)

A conditional land use approval, including conditions imposed, is attached to and shall run with the land for which the approval is granted, and shall be binding upon subsequent owners and all occupants of the subject land.

(d)

Applications for reapproval of an expired conditional land use approval shall be considered in the same manner as the original approval in accordance with the procedures in this chapter.

(Ord. No. 82, § 15.5, eff. 6-25-1991)

The village council may revoke any conditional land use approval, or take any other action allowed by law, if the applicant fails to comply with any of the applicable requirements in this chapter, any conditions placed on the original approval by the village council, or any other applicable provisions of the chapter. Prior to revoking a conditional land use approval, the planning commission shall conduct a public hearing, give required notice of such hearing in accordance with the City and Village Zoning Act and make a recommendation to the village council.

(Ord. No. 82, § 15.6, eff. 6-25-1991; Ord. No. 98, eff. 12-22-1995)

(a)

Major amendments. Any person or agency shall notify the building inspector of any change in an existing conditional land use. Any major amendment to an existing conditional land use shall require submittal of a new application for conditional land use and follow the review procedures contained in this article. Amendments to the site plan shall bring the site into compliance with all zoning chapter requirements determined to be reasonable by the planning commission in proportion with the extent of the change at the site and in consideration with the physical constraints of the site. The building inspector shall determine whether the proposed amendment constitutes a minor or major amendment, based on the following standards:

(1)

Changes increase the building's usable floor area by more than 25 percent or 2,500 square feet, whichever is less; or

(2)

Parking lots are expanded by more than 25 percent or 6,000 square feet of pavement area, whichever is less.

(b)

Minor amendment. Minor amendment to an existing conditional land use does not require submittal of a new application for a conditional land use.

(c)

Change in use. Change to another conditional land use shall require submittal of a new application for conditional land use and follow the review procedures contained in this article.

(d)

Required site plan. Any changes, whether it is deemed minor and major, shall require submittal of a site plan in accordance with article VI of this chapter.

(Ord. No. 82, § 15.7, eff. 6-25-1991; Ord. No. 98, eff. 12-22-1995)