Lakemoor City Zoning Code
CONDITIONAL USES
§ 22.235 PURPOSE.
(A) Certain uses cannot be allowable generally in a particular zoning district, or in any zoning district, because of the impact their special character creates on surrounding areas.
(B) Some such uses may, however, be allowed under special conditions. These uses are provided for in this chapter as conditional uses.
(C) Because a conditional use is compatible with the applicable zoning district only under special conditions, a conditional use permit is required before any use authorized herein as a conditional use may be established.
(D) Except as specifically provided herein, all regulations of the applicable zoning district, and all other applicable regulations of this and other village ordinances, shall apply to conditional uses.
(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014)
§ 22.236 APPROVAL PROCESS.
Conditional uses shall be approved only in conformance with the approval process provided in the filing procedures section of this chapter and the approval criteria in Table 31.
(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014)
§ 22.237 EXISTING SPECIAL USES.
Conditional uses provided in this subchapter shall be considered the same as special uses provided under state statute. Lawful special uses granted to a property prior to the effective date of this chapter shall be considered lawful conditional uses without the need for approval of a conditional use permit hereunder, whether or not such special use is authorized as a conditional use in the applicable zoning district herein. Where such a use is a permitted use in the applicable district, conditional use status shall not be applicable.
(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014)
§ 22.238 REVIEW OF CONDITIONAL USES.
(A) In evaluating the suitability of a proposed conditional use, the Planning and Zoning Commission and President and Board of Trustees shall examine the following characteristics of the proposed use and its individual structures or components:
(1) Location and orientation;
(2) Lot size;
(3) Size of facility, including floor area, structure height, design capacity and anticipated employment;
(4) Site design and arrangement;
(5) Provisions affecting on- and off-site pedestrian and traffic movement, vehicle storage and the passage of emergency vehicles;
(6) Appearance;
(7) Screening or landscaping;
(8) On- or off-site buffering from incompatible uses with open spaces or transitional uses;
(9) Operations factors, such as hours of use or environmental controls; and
(10) Other characteristics of the proposed use pertinent in the judgment of the Planning and Zoning Commission or the President and Board of Trustees to an assessment of the impact of the use of the area.
(B) The Planning and Zoning Commission or the President and Board of Trustees may call upon technical experts or have studies performed to determine specific development standards or conditions for any particular conditional use with the expense thereof to be paid by the applicant.
(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014)
§ 22.239 ISSUANCE OF PERMIT.
The Zoning Administrator shall issue a conditional uses permit after approval thereof by the President and Board of Trustees unless the President and Board of Trustees directs otherwise. Such permit shall specify any conditions, restrictions and time limits to which the President and Board of Trustees has made its approval subject.
(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014)
§ 22.240 REVOCATION OF PERMIT.
A conditional use permit may be revoked by the President and Board of Trustees:
(A) If any conditions or restrictions are not complied with within the time limit specified by on the permit;
(B) If after they are initially complied with, compliance with such conditions or restrictions is not maintained at any time;
(C) If the conditional use is not established, or a required building permit is not obtained and building started, within one year of the date the permit is issued; or
(D) If the conditional use shall cease for more than one year.
(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014)
§ 22.241 EXPANSION OR ALTERATION.
Any expansion, enlargement or structural alteration of a conditional use shall require either an amendment to the underlying enabling ordinance or an additional conditional use permit.
(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 19-O-20, passed 9-17-2019)
§ 22.242 CONDITIONAL USE WAIVER FOR OUTDOOR STORAGE.
(A) The conditional use requirement for outdoor storage may be waived administratively if said use:
(1) Is associated with a permitted use in the C-3 and I-1 districts;
(2) Does not exceed a maximum area of 5,000 square feet;
(3) Is located only in the required rear or side yard and is not adjacent to property that is zoned residential;
(4) Is fully enclosed by a solid fence that is at least six feet tall.
(B) The petitioner shall submit detailed plans and application to the Community and Economic Development Department for an administrative review to determine if the conditional use public hearing can be waived. Applicant shall comply with application review criteria established by the Department. After review by the Community and Economic Development Department, the village reserves the right to add other restrictions if there are impacts to surrounding property owners.
(Ord. 15-O-26, passed 6-25-2015; Ord. 19-O-20, passed 9-17-2019)
In recommending approval or conditional approval of a conditional use, the Planning and Zoning Commission shall transmit to the President and Board of Trustees written findings of fact that on the bases of the characteristics cited under review of conditional uses herein, or changes to such characteristics that the Planning and Zoning Commission recommends, the proposed use will be compatible with existing uses in the area, and with permitted uses in the zoning district, in the ways specified below. The President and Board of Trustees shall not be bound by the recommendation of the Planning and Zoning Commission. However, in granting approval or conditional approval, the President and Board of Trustees shall find that the proposed use will be compatible with such uses in the following ways:
1. Traffic. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized.
2. Environmental nuisance. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled.
3. Neighborhood character. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environment quality, property values or neighborhood character already existing in the area or normally associated with permitted uses in the district.
4. Public services and facilities. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area.
5. Public safety and health. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity.
6. Other factors. The proposed use is in harmony with any other elements of compatibility pertinent in the judgment of the President and Board of Trustees to the particular conditional use or its particular location.
(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014)