The location, construction, extension or structural alteration of any use for which a conditional use permit is required pursuant to the provisions of this title may be authorized by a permit issued by the corporate authorities, subject to the standards set forth in section 10-12-3 of this chapter and such conditions as may be imposed pursuant to section 10-12-5 of this chapter. Prior to such authorization, a public hearing shall be held and a published notice shall be given, in the manner prescribed for amendments by chapter 13 of this title. (Ord., 8-24-1974)
10-12-2: APPLICATION FOR CONDITIONAL USE:
Any person having proprietary interest in the premises may file an application for a conditional use with the zoning administrator. The application shall be in such number of copies, be in such form and contain such information as the zoning administrator may prescribe from time to time. The zoning administrator shall process such application in the manner prescribed for amendments by chapter 13 of this title. (Ord., 8-24-1974)
10-12-3: STANDARDS:
A conditional use permit shall be granted only in the event that:
A. The conditional use will serve the public convenience at the location.
B. The location and size of the conditional use, the nature and intensity of the operation involved in or conducted in connection therewith, the size of the site in relation thereto and the location of the site with respect to streets giving access thereto shall be such that it will be in harmony with the appropriate and orderly development of the district in which it is located.
C. The nature, location and size of the building or structure and the nature and extent of the landscaping on the site shall be such that the conditional use will not substantially hinder or discourage the appropriate development and use of adjacent land and buildings.
D. Parking areas shall be of adequate size for the particular use, properly located, and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to prevent traffic hazards and nuisances.
E. The proposed conditional use will not be detrimental to the health and welfare of the public or injurious to other property and improvements in the neighborhood. (Ord., 8-24-1974)
10-12-4: REPORT OF HEARING:
Following the hearing, the zoning board of appeals shall transmit to the corporate authorities a written report giving its findings as to compliance of the proposed conditional use with the standards governing conditional uses and giving its recommendations for action to be taken by the corporate authorities. (Ord., 8-24-1974)
10-12-5: CONDITIONS:
The zoning board of appeals may recommend and the corporate authorities may impose such conditions or restrictions upon the location, construction, design and operation of a conditional use, including, but not limited to, provisions for off street parking spaces and the duration of such permit, as they shall respectively find necessary or appropriate to secure compliance with the standards set forth in section 10-12-3 of this chapter. (Ord., 8-24-1974; amd. 2010 Code)
10-12-6: ACTION BY CORPORATE AUTHORITIES:
After receiving the report of the zoning board of appeals, the corporate authorities shall review the report and may accept the findings and recommendations of the zoning board of appeals, in whole or in part, or may reject them, in whole or in part, or may refer the matter back to the zoning board of appeals for further consideration. However, in the event the zoning board of appeals recommends against the issuance of a conditional use permit, then it may be issued only upon the favorable vote of two-thirds (2/3) of all of the members of the city council. (Ord., 8-24-1974)
Mount Pulaski City Zoning Code
CHAPTER 12
CONDITIONAL USES
10-12-1: AUTHORIZATION:
The location, construction, extension or structural alteration of any use for which a conditional use permit is required pursuant to the provisions of this title may be authorized by a permit issued by the corporate authorities, subject to the standards set forth in section 10-12-3 of this chapter and such conditions as may be imposed pursuant to section 10-12-5 of this chapter. Prior to such authorization, a public hearing shall be held and a published notice shall be given, in the manner prescribed for amendments by chapter 13 of this title. (Ord., 8-24-1974)
10-12-2: APPLICATION FOR CONDITIONAL USE:
Any person having proprietary interest in the premises may file an application for a conditional use with the zoning administrator. The application shall be in such number of copies, be in such form and contain such information as the zoning administrator may prescribe from time to time. The zoning administrator shall process such application in the manner prescribed for amendments by chapter 13 of this title. (Ord., 8-24-1974)
10-12-3: STANDARDS:
A conditional use permit shall be granted only in the event that:
A. The conditional use will serve the public convenience at the location.
B. The location and size of the conditional use, the nature and intensity of the operation involved in or conducted in connection therewith, the size of the site in relation thereto and the location of the site with respect to streets giving access thereto shall be such that it will be in harmony with the appropriate and orderly development of the district in which it is located.
C. The nature, location and size of the building or structure and the nature and extent of the landscaping on the site shall be such that the conditional use will not substantially hinder or discourage the appropriate development and use of adjacent land and buildings.
D. Parking areas shall be of adequate size for the particular use, properly located, and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to prevent traffic hazards and nuisances.
E. The proposed conditional use will not be detrimental to the health and welfare of the public or injurious to other property and improvements in the neighborhood. (Ord., 8-24-1974)
10-12-4: REPORT OF HEARING:
Following the hearing, the zoning board of appeals shall transmit to the corporate authorities a written report giving its findings as to compliance of the proposed conditional use with the standards governing conditional uses and giving its recommendations for action to be taken by the corporate authorities. (Ord., 8-24-1974)
10-12-5: CONDITIONS:
The zoning board of appeals may recommend and the corporate authorities may impose such conditions or restrictions upon the location, construction, design and operation of a conditional use, including, but not limited to, provisions for off street parking spaces and the duration of such permit, as they shall respectively find necessary or appropriate to secure compliance with the standards set forth in section 10-12-3 of this chapter. (Ord., 8-24-1974; amd. 2010 Code)
10-12-6: ACTION BY CORPORATE AUTHORITIES:
After receiving the report of the zoning board of appeals, the corporate authorities shall review the report and may accept the findings and recommendations of the zoning board of appeals, in whole or in part, or may reject them, in whole or in part, or may refer the matter back to the zoning board of appeals for further consideration. However, in the event the zoning board of appeals recommends against the issuance of a conditional use permit, then it may be issued only upon the favorable vote of two-thirds (2/3) of all of the members of the city council. (Ord., 8-24-1974)