Sections 98-57 through 98-67 apply to all conditional uses, in addition to any provisions found in any other ordinances. If an ordinance provision conflicts with sections 98-57 though 98-67, the more specific provision will apply.

(Ord. No. 19-2000, § 98.11(1), 10-3-2000; Ord. No. 06-2009, 11-3-2009)

(a)

Conferences. Applicants are encouraged to confer with village officials and staff prior to, or soon after, submitting their applications to understand the information and steps that may be needed to act on such applications.

(b)

Form; fees. Applications for conditional use permits shall be made on forms obtained from the village clerk or the zoning administrator. A signed copy of the application form and the additional materials specified in this section shall be submitted to the village clerk not less than 25 days prior to the plan commission meeting at which the application is to be considered, together with the application and escrow fees as specified in chapter 62. Application fees are nonrefundable.

(c)

Applications without construction. Applications for conditional use permits which do not involve construction of a new structure or exterior addition to an existing structure shall fully describe the proposed use in sufficient detail to act upon the application. However, the plan commission or village board may waive any of the requirements that are not applicable or may require any additional information necessary to act upon the application.

(d)

Applications with construction. Applications for conditional use permits which include construction of new structures or exterior additions to an existing structure require the following information. However, the plan commission or village board may waive any of the requirements that are not applicable or require any additional information necessary to act upon the application.

(1)

Two complete sets of plans and specifications, including a plat map, certified survey map, or other boundary survey prepared by a registered land surveyor, showing the actual dimensions of the lot to be built upon, and on which shall be shown an accurate dimensioned and scaled plot plan, including the location of all existing structures, pavements, buried and overhead utilities, adjoining streets, alleys, lot lines, and easements; the elevations of the street fronting on the lot, elevations of existing structures and pavements; existing direction of drainage; required setbacks; proposed structures and additions, pavements, parking and driveways, landscaping, and utilities; elevations of all proposed garage, main floor, and basements, pavements, drainage structures, and grades at the exterior of the structures.

(2)

Detailed building plans for existing or proposed structures to be constructed, remodeled, altered, modified in whole or part. Plans for buildings required to comply with the state building code shall bear a stamp of approval from the state department of commerce. Such plans and specifications shall be submitted in duplicate. One set of plans shall be returned after approval as provided in this section. The other set of plans shall remain on file in the office of the village clerk. All plans and specifications shall be signed by the designer.

(3)

Proposed conditions, limitations, and restrictions which the applicant requests or believes appropriate to fulfill the purposes of this chapter and minimize or avoid adverse impact upon neighbors or the public.

(4)

Any other information or materials which the applicant believes necessary or useful in evaluating the application.

(e)

Initial review. Upon receipt of an application, the additional materials required, and the applicable fees, the village clerk shall transmit copies to the zoning administrator and other staff members having review responsibility, and shall briefly review such materials to determine whether any apparent insufficiencies exist.

(f)

Notice of apparent insufficiency. The zoning administrator and/or the village clerk shall, within ten days of their receipt of an application, send written notice by regular mail to the address on the application, briefly describing any apparent insufficiencies which prevent or hinder determination of the proposal's compliance with applicable village ordinances and regulations, or the proposal's impact on neighbors, the general public, or the village. However, failure of the zoning administrator and/or village clerk to perform such initial review or to send such notice of apparent insufficiency shall not prevent the village from withholding action or denying the application by reason of any insufficiency or otherwise. It is the applicant's responsibility to furnish sufficient information for the village to make a complete evaluation of the proposal.

(Ord. No. 19-2000, § 98.11(2), 10-3-2000; Ord. No. 01-2008, 3-4-2008)

(a)

Upon submission of an application for a conditional use permit that involves new construction or an addition to an existing building or other structure, the applicant shall deposit in escrow with the village clerk the amount specified for construction in chapter 62. All other applications for conditional use permits shall require an escrow deposit in the amounts specified for nonconstruction in chapter 62. If the determined sum is inadequate or excessive for anticipated expenses, the village board may increase or decrease the required deposit at any time. In addition, the village president, in concurrence with the zoning administrator, may waive all or part of the required escrow deposit to the extent that a decision on the application will probably not require professional or related services. Should the village board determine that a greater escrow deposit is required, the applicant must pay the additional amount to the village clerk within the time specified.

(b)

The applicant's escrow account shall be assessed for all costs incurred by the village for fees and disbursements in reviewing the application and proposed use and improvements by professional employees and consultants, which shall include, but not be limited to, the following:

(1)

Review of the application, proposed use, improvements, and the plans therefor.

(2)

Inspection of the site and the improvements as and after such improvements are constructed.

(3)

Tests and other evaluations deemed necessary by such professional employees and consultants for their review and inspection.

(4)

Drafting or other preparation of written opinions, advice, and suggestions with respect thereto.

(5)

Drafting and preparation of ordinances, resolutions, contracts, agreements, and other documents with respect thereto.

(6)

Attendance at public meetings or hearings, and telephone and actual conferences.

(7)

Any other professional or related services and disbursements charged to the village which were necessitated by the application and proposed use and improvements.

(c)

If the applicant is not the record owner of the premises for which the conditional use permit is sought, no action shall be taken by the village upon the application unless and until the owner agrees in writing to be jointly and severally responsible for payment of professional expenses as set forth in subsection (b) of this section. The owner of the premises shall be required to sign as a coapplicant with an existing or prospective tenant.

(d)

Upon final action on the application, approval of all improvements and erosion and sediment control measures required therein, and payment of all professional expenses incurred by the village, any balance in escrow shall be returned to the applicant. This shall not prohibit the village from collecting any additional expenses subsequently charged to the village.

(Ord. No. 19-2000, § 98.11(3), 10-3-2000; Ord. No. 01-2008, 3-4-2008)

(a)

Notice of public hearing. If the application, additional materials, and fees are sufficient as submitted, or have been brought to be sufficient at least 15 days prior to the plan commission meeting at which the proposal is to be considered, the village clerk shall give a class I notice of the public hearing to be held by the plan commission, and shall send a copy thereof to the applicant by regular mail at least seven days prior to such hearing.

(b)

Scheduling of public hearing. A public hearing by the plan commission shall be held within 50 days after submission of a complete application or correction of all insufficiencies, whichever is later. If the plan commission is unable to have a quorum in attendance at a hearing scheduled within such 50 days, the hearing shall be rescheduled, but not more than 65 days after submission of the complete or corrected application. The hearing may be at a regular or special meeting of the plan commission, and may be held jointly with the board of trustees and other boards, commissions, and committees, but special or joint meetings are not required to be held.

(c)

Plan commission action.

(1)

If the plan commission determines that the application, additional materials, or fees are insufficient in any respect, whether or not covered by any notice of apparent insufficiency by the zoning administrator or the village clerk, or if the applicant fails to attend such public hearing, either personally or by designated representative having full knowledge of the proposal and full authority to commit the applicant on any aspects of the proposal, the plan commission may defer action indefinitely or to a subsequent meeting, or may approve or deny the application on the information submitted. The plan commission may require that the applicant bear all costs incurred by the village in rescheduling and holding a subsequent hearing or meeting thereon.

(2)

The plan commission may act on the proposal at the conclusion of the public hearing, or may defer further action thereon to its next regular or special meeting. On applications for conditional uses, except home occupations, the plan commission shall make a recommendation to the board of trustees.

(3)

On applications for home occupations, the plan commission shall make a final decision to approve or deny such home occupation. Within ten days after the public hearing, the clerk or secretary of the plan commission shall send written notice by regular mail to the applicant stating the action taken and, if denied, the right to appeal. An applicant may appeal the decision to the village board by written notice of appeal filed with the village clerk within 15 days after the mailing to the applicant of the notice of action taken by the plan commission.

(Ord. No. 19-2000, § 98.11(4), 10-3-2000)

(a)

The board of trustees shall schedule a regular or special meeting within 60 days to act upon the:

(1)

Recommendation of the plan commission on an application for conditional use.

(2)

Timely appeal from a plan commission decision on application for home occupations.

(b)

The village clerk shall send written notice by regular mail to the applicant at least five days prior to the meeting of the board of trustees. The board of trustees shall review the application and information submitted at the plan commission meeting at which such decision or recommendation was reached, and may, but shall not be required to, hold an additional public hearing on a class I notice, request additional information, and/or review any information submitted by any interested party subsequent to the plan commission meeting, and receive additional information at the meeting of the board of trustees. The board of trustees shall render a final decision not later than 60 days after filing of the appeal or the plan commission meeting at which the recommendation was reached.

(Ord. No. 19-2000, § 98.11(5), 10-3-2000)

Upon a two-thirds vote of the members present and voting, the plan commission and/or board of trustees may extend any of the time limits for holding their respective hearings or meetings, or for reaching their respective recommendation or decision, for an additional 30 days if they deem it necessary to properly review the application. The village clerk shall send written notice by regular mail to the applicant within five days after approval of such extension.

(Ord. No. 19-2000, § 98.11(6), 10-3-2000)

The plan commission and/or board of trustees may, but shall not be required to, as a body or individually, review the site, any neighboring properties, any comparable or similar premises or operations, and any other matter necessary to properly evaluate the proposal and protect the interest of neighbors, the general public, and the village.

(Ord. No. 19-2000, § 98.11(7), 10-3-2000)

In approving or recommending approval of any application, the plan commission and the board of trustees may specify in writing any conditions, restrictions, or other requirements they deem necessary, including, but not limited to, existing and/or proposed structures, architectural design, type of construction, traffic generation and circulation, driveway locations, highway or street access restrictions, parking requirements, landscaping, drainage, sewer and water systems, fencing, lighting, operational controls, special equipment or machinery, hours and days of operation, employee and public safety, fire and building code requirements, security monitoring, accident prevention and reaction plans and needs, National Scenic Riverway and Zoning Code compliance, floodplain requirements and restrictions, and any other matters related to the interests of neighbors, the general public, and the village.

(Ord. No. 19-2000, § 98.11(8), 10-3-2000)

Within ten days after a final decision is reached by the board of trustees, the village clerk shall send written notice by regular mail to the applicant stating the decision reached, the findings of fact and reasons as stated by the board, any conditions imposed as part of the approval, and any other information the village clerk deems appropriate. Such information may be sent by mailing a copy of the minutes of the meeting at which the decision was reached. If, within 15 days after mailing of such notice to the applicant, and to any other interested party who files a written request therefor within three days after such meeting at which the decision was reached, written request is filed for a more complete statement of the findings of fact, reasons and/or conditions, the body rendering such decision may furnish such notice within 60 days after such request, and may convene a regular or special meeting for that purpose, but shall not be required to supplement its decision if it deems such decision to be sufficient. A written request for a more complete statement shall toll the remaining time for any further action or appeal until three days after the response is mailed to the requesting party, or 60 days if the body rendering such decision fails to make any response thereto.

(Ord. No. 19-2000, § 98.11(9), 10-3-2000)

(a)

If the application was approved, the village clerk shall issue the permit upon receipt of payment to the village of all fees and expenses due under this chapter and any other chapter of this Code. If any professional and consulting fees and expenses required under section 98-58 remain unpaid more than 30 days after billing by regular mail from the village clerk, any permit issued shall automatically be deemed suspended until such fees and expenses, with interest, have been paid. If such fees and expenses remain unpaid more than 60 days, any permit issued shall automatically be deemed revoked.

(b)

The applicant may, upon written request filed with the village clerk at least ten days before the next regular meeting of the board of trustees, appeal any suspension or revocation to the board of trustees, and the applicant may present any relevant evidence and/or argument at such meeting. Nothing in this section shall prohibit the applicant from paying any disputed fees and expenses under protest, which shall be in writing and specify the fees and expenses protested and the applicant's basis and reasons for disputing such fees and expenses. Such written protest shall be deemed as an appeal.

(Ord. No. 19-2000, § 98.11(10), 10-3-2000)

Conditional uses shall comply with all other provisions of this Code unless variances therefrom are granted as provided by this Code and state statutes. Pending acting on such variances, the plan commission and/or board of trustees may proceed and render its recommendations or decisions subject to subsequent decision on applications for variances.

(Ord. No. 19-2000, § 98.11(11), 10-3-2000)

Conditional uses shall lapse six months from the date of issuance if use or construction is not commenced within that time. If an existing business ceases operation, such business' conditional use permit shall cease to exist after six months.

(Ord. No. 19-2000, § 98.11(12), 10-3-2000)