A. Purpose: This title divides the village into various districts and permits in each district, as a matter of right, only those uses which are clearly compatible with one another. Certain other uses, because of their special operational or physical characteristics, may or may not have a detrimental impact on nearby permitted uses, depending upon their precise location, manner of operation, and other facts. Such "conditional uses" require careful case by case review, and may be allowed only by permission of the village council.
B. Application For Permit; Advisory Report Required: Every applicant for a conditional use permit shall submit to the administrator, in narrative and/or graphic form, the items of information listed in subsection C of this section along with the required fee (see section
11-13-12 of this chapter). The administrator shall prepare an advisory report on every request for a conditional use permit. He shall promptly transmit the completed application and his advisory report to the zoning board of appeals.
1. Name and address of applicant;
2. Name and address of the owner or operator of the proposed structure or use, if different from subsection C1 of this section;
3. Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees, and similar matters;
4. Location of the proposed use or structure and its relationship to existing adjacent uses or structures;
5. Area and dimensions of the site for the proposed structure or uses;
6. Existing and proposed screening, landscaping, and erosion control features on the site, including the parking area;
7. Height and setbacks of the proposed structure;
8. Number and size of proposed dwelling units, if any;
9. Location and number of proposed parking/loading spaces and access ways;
10. Identification and location of all existing or proposed utilities, whether public or private; and/or
11. Any other pertinent information that the administrator may require.
1. Time For Hearing: The zoning board of appeals shall hold a public hearing on every conditional use permit application within a reasonable time after said application is submitted to them. At the hearing, any interested party may appear, either in person or by duly authorized agent or attorney.
2. Notice Requirements: Notice indicating the time, date and place of the hearing and the location and nature of the proposed conditional use shall be given not more than thirty (30) days nor less than fifteen (15) days before the hearing, as follows:
a. By first class mail to the applicant and to all parties whose property, in the opinion of the zoning board of appeals, would be directly affected by the proposed conditional use; and
b. By publication in a newspaper published in the village, or if no newspaper is published therein, then by a publication in a newspaper of general circulation within the village published in LaSalle County.
E. Board Of Appeals Requirements:
1. Advisory Report; Factors Considered: Within a reasonable time after the public hearing, the zoning board of appeals shall submit their advisory report to the village council. In deciding what their advice should be, the zoning board of appeals shall consider the following factors:
a. Whether the proposed design, location and manner of operation of the proposed conditional use will adequately protect the public health, safety, and welfare and the physical environment;
b. Whether the proposed conditional use is consistent with the Leland comprehensive plan;
c. The effect the proposed conditional use would have on the value of neighboring property and on the village overall tax base;
d. The effect the proposed conditional use would have on public utilities and on traffic circulation on nearby streets; and
e. Whether there are any facilities near the proposed conditional use (such as schools or hospitals) that require special protection.
2. Findings Of Fact; Terms Of Relief: The recommendation of the zoning board of appeals shall be accompanied by findings of fact and shall refer to any exhibits containing plans and specifications for the proposed use, which shall remain a part of the permanent records of the zoning board of appeals. The findings of fact shall specify the reasons for recommending the granting of the use. The terms of the relief recommended shall be specifically set forth in a conclusion or statement separate from the findings of fact. Property for which relief has been granted shall not be used in violation of the specific terms of findings of fact, unless its usage is changed by further findings of fact. (Ord. 92-09, 4-14-1992)
F. Village Council Requirements:
1. Action By Council: The council shall act on every request for a conditional use permit at the next regularly scheduled meeting following receipt of the zoning board of appeals' advisory report. Without further public hearing, the village council may grant a conditional use permit by an ordinance passed by a simple majority vote or may refer it back to the board for further consideration. Any proposed conditional use which fails to receive the approval of the zoning board of appeals shall not be passed except by the favorable vote of at least four (4) members of the village council. (Ord. 92-09, 4-14-1992; amd. 2003 Code)
2. Findings Of Fact; Terms Of Relief: Every conditional use determination of the village council shall be accompanied by findings of fact and shall refer to any exhibits containing plans and specifications for the proposed conditional use, which shall remain a part of the permanent records of the zoning board of appeals. The findings of fact shall specify the reasons for granting the conditional use. The terms of relief granted shall be specifically set forth in a conclusion or statement separate from the findings of fact. Property for which relief has been granted shall not be used in violation of the specific terms of the ordinance unless its usage is changed by additional ordinances. (Ord. 92-09, 4-14-1992)