It is recognized that an increasing number of new kinds of uses are appearing daily and that many of these and some other more conventional uses possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation, and public facilities that each specific use must be considered individually. These specific uses are classified as “conditional uses” in each zoning district, and because of their special nature, may be permitted according to procedures outlined in this chapter.

(Ord. 01-014. Passed 7-17-01.)

   An application for a conditional use permit shall be filed with the Responsible Authority by at least one owner or lessee of property for which such conditional use is proposed. The Planning Commission, with the consent of Council, or Council without the consent of the Planning Commission, may grant conditional use permits for certain uses which are not permitted by right under the Zoning Code. At a minimum, the application shall contain the following information:

   (a)   Name, address, phone number, and fax number of applicants.

   (b)   Legal description of property.

   (c)   Description of existing use.

   (d)   Present zoning district.

   (e)   Description of proposed conditional use.

   (f)   Twelve copies of the plan (scale 1 inch = 100 feet) of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and such other information as the Commission or Council may require to determine if the proposed conditional use meets the intent and requirement of this Zoning Code.

   (g)   A narrative statement evaluating the economic effects on adjoining property; the effect of such elements as noise, glare, flashing lights, odor, fumes, and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the Comprehensive Plan.

   (h)   Such other information as may be required.

   (i)   Names and addresses of all owners of record of abutting parcels.

(Ord. 01-014. Passed 7-17-01.)

   In addition to the specific requirements for conditionally permitted uses, the Planning Commission and Village Council shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:

   (a)   Must be, in fact, a conditionally permitted use in the zoning district where the permit is sought.

   (b)   Will be harmonious with and in accordance with the general objectives, or with any specific objective of the Village's Comprehensive Plan and/or the Zoning Code.

   (c)   Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.

   (d)   Will not be hazardous or disturbing to existing or future neighboring uses.

   (e)   Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewers and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.

   (f)   Will not create additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.

   (g)   Will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.

   (h)   Will have vehicular approaches to the property which shall be designed so as not to create an interference with traffic on surrounding public streets or roads.

   (i)   Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.

(Ord. 01-014. Passed 7-17-01.)

   In granting any conditional use, the Planning Commission with the consent of Council or Council without the consent of the Planning Commission may prescribe appropriate other conditions and safeguards in conformity with this Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Code and punishable as allowed in Section 1242.13.

   (a)   Public Hearing. The Planning Commission or Council shall hold a public hearing within 35 days from the receipt of the properly completed application for a conditional use.

   (b)   Notice. Before holding the public hearing, notice of such hearing shall be given in one or more newspapers of general circulation of the Village at least ten days before the date of such hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed conditional use.

(Ord. 01-014. Passed 7-17-01.)

   Before holding the public hearing, notice of such hearing shall be mailed by the Responsible Authority of the Planning Commission by first-class mail, at least ten days before the day of the hearing, to all abutting property owners. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1250.05.

(Ord. 01-014. Passed 7-17-01; Ord. 12-025. Passed 5-1-12.)

   A conditional use permit shall become null and void if construction of the proposed use, or the proposed use for which a conditional use permit has been granted, has not begun within one year after approval by Council. The Responsible Authority may revoke a conditional use permit upon finding that the use does not comply with the conditions and safeguards established for such use pursuant to Section 1250.03. Upon revocation of a conditional use permit, all uses shall conform to the standards and requirements of permitted main and accessary uses established by the zoning district. A conditional use permit shall be deemed to authorize only one particular conditional use and such permit shall automatically expire without notice if, for any reason, the conditional use shall cease for more than six months.

(Ord. 01-014. Passed 7-17-01.)