(A)   The formulation and enactment of a comprehensive ordinance is based on the division of the entire village into districts in each of which are permitted specified uses that are mutually compatible. In addition to such permitted, compatible uses, however, it is recognized that there are other uses which it may be necessary or desirable to allow in a given district, but which on account of their potential influence upon neighboring uses or public facilities need to be carefully regulated with respect to location or operation for the protection of the community.

   (B)   Such uses are classified in this chapter as conditional permitted uses and fall into the following categories:

      (1)   Uses either municipally operated or operated by publicly regulated utilities, or uses traditionally affected by public interest;

      (2)   Uses entirely private in character which, on account of their peculiar locational need, the nature of the service they offer to the public and their possible damaging influence on the neighborhood may have to be established in a district or districts in which they cannot reasonably be allowed as an unrestricted permitted use under the zoning regulations; and

      (3)   Planned unit developments as set forth in this chapter.

(Ord. 1999-2, Zoning § 23, subs. .010, passed 2-15-1999)

   Conditional permitted uses may be proposed by the Village Board, Planning and Zoning Board, and by any person, firm or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase, or any exclusive possessory interest which is specifically enforceable of the land which is described in the application for a conditional permitted use.

(Ord. 1999-2, Zoning § 23, subs. .020, passed 2-15-1999)

   (A)   An application for a conditional permitted use shall be filed with the Village Clerk and thereafter entered into the records of the first meeting thereafter of the Village Clerk.

   (B)   A copy of such application shall thereafter be forwarded by the Village Clerk to the Planning and Zoning Board with a request to hold a public hearing and submit to the Village Board a report of its findings and recommendations. Such public hearing shall be held upon such notice that shall be required by state law.

(Ord. 1999-2, Zoning § 23, subs. .030, passed 2-15-1999)

   (A)   The Village Board, upon report of the Planning and Zoning Board and without further public hearing, may grant or deny any proposed conditional permitted use in accordance with applicable state statutes, or may refer it back to the Planning and Zoning Board for further consideration.

   (B)   In case a written protest against any proposed conditional permitted use, signed and acknowledged by owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across the alley therefrom, or by owners of 20% of the frontage directly opposite the frontage to be altered, is filed with the Village Clerk, the conditional permitted use cannot be passed except on the favorable vote of two-thirds of all members of the Village Board.

(Ord. 1999-2, Zoning § 23, subs. .040, passed 2-15-1999)

   Notwithstanding anything else in this chapter to the contrary, all buildings having more than two and one-half stories shall be considered a conditional permitted use in all zoning districts and shall require a public hearing by the Planning and Zoning Board and approval from the Village Board before they can be constructed.

(Ord. 1999-2, Zoning § 23, subs. .050, passed 2-15-1999)