The development and execution of this article is based upon the division of the village into districts, within which the use of land and buildings, and bulk and location of buildings and structures in relation to the land, are mutually compatible and substantially uniform. However, there are certain uses which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any particular districts, without consideration, in each case, of the impact of those uses upon neighboring land or public facilities, and of the public need for the particular use at a particular location. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district provided that due consideration is given to location, development and operation of such uses. Such uses are classified as conditional uses.

(Code 1986, § 10-1-40)

(a)

The plan commission, after a public hearing shall, within a reasonable time, grant or deny any application for a conditional use. Prior to the granting of a conditional use, the commission shall make findings based upon the evidence presented that the standards herein prescribed are being complied with.

(b)

Any development within 500 feet of the existing or proposed rights-of-way of freeways, expressways, interstate and controlled access traffic ways, and within 1,500 feet of their existing or proposed interchange or turning lane rights-of-way shall be specifically reviewed by the highway agency that has jurisdiction over the traffic way. The plan commission shall request such review and await the highway agency's recommendation for a period not to exceed 60 days before taking final action.

(c)

Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operation control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or parking requirements, may be required by the plan commission upon its finding that these are necessary to fulfill the purpose and intent of this article.

(d)

Compliance with all other provisions of this article, such as lot width and area, yards, height, parking, loading, traffic, highway access, and performance standards, shall be required of all conditional uses.

(Code 1986, § 10-1-41)

Any person, firm, corporation or organization having a freehold interest or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, or an exclusive possessory interest, and which is specifically enforceable in the land for which a conditional use is sought may file an application to use such land for one or more of the conditional uses provided for in this article in the zoning district in which such land is located.

(Code 1986, § 10-1-42)

(a)

Filing of application. An application for a conditional use shall be filed with the clerk-treasurer on a form prescribed by the village. The application shall be accompanied by such plans and other information as may be prescribed by the building inspector village board or the plan commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in section 58-117. The plan commission may require such other information as may be necessary to determine and provide for an enforcement of this chapter, including a plan showing contours and soil types; high water mark and groundwater conditions; bedrock, vegetative cover, specifications for areas of proposed filling, grading, and lagooning; location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping; plans of buildings, sewage disposal facilities, water supply systems and arrangements of operations.

(b)

Application information. Applications for conditional use permits shall be made in duplicate to the clerk-treasurer on forms furnished by the village and shall include the following:

(1)

Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor, and all opposite and abutting property owners of record.

(2)

Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

(3)

Additional Information as may be required by the plan commission, village engineer, zoning, building, plumbing, or health inspectors.

(4)

Fee receipt from the village clerk-treasurer in the amount as set forth in the village fee/bond schedule.

(c)

Additional information. A plat of survey prepared by a registered land surveyor showing all of the information required under section 58-11 for a zoning permit may be required by the plan commission, and, in addition, the following: mean and historic high water lines, on or within 40 feet of the subject premises, and existing and proposed landscaping.

(Code 1986, § 10-1-43)

(a)

No application for a conditional use shall be granted by the plan commission unless such commission shall find all of the following conditions are present:

(1)

The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

(2)

The uses, values and enjoyment of other property in the neighborhood for the purposes already permitted shall be, in no foreseeable manner, substantially impaired or diminished by the establishment, maintenance or operation of the conditional use, and the proposed use is compatible with the use of adjacent land.

(3)

The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

(4)

Adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.

(5)

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

(6)

The conditional use, except for yard requirements, conforms to all applicable regulations of the district in which it is located.

(7)

The proposed use does not violate floodplain regulations governing the site.

(b)

When applying the above standards to any new construction of a building or an addition to an existing building, the plan commission shall bear in mind the statement of purpose for the zoning district such that the proposed building or addition at its location does not defeat the purposes and objective of the zoning district.

(c)

In addition in passing upon a conditional use permit, the plan commission shall also evaluate the effect of the proposed use upon:

(1)

The maintenance of safe and healthful conditions.

(2)

The prevention and control of water pollution including sedimentation.

(3)

Existing topographic and drainage features and vegetative cover on the site.

(4)

The location of the site with respect to floodplains and floodways of rivers and streams.

(5)

The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover.

(6)

The location of the site with respect to existing or future access roads.

(7)

The need of the proposed use for a shoreland location.

(8)

Its compatibility with uses on adjacent land.

(9)

The amount of liquid wastes to be generated and the adequacy of the proposed disposal systems.

(Code 1986, § 10-1-44)

The following conditions shall apply to all conditional uses:

(1)

Prior to the granting of any conditional use, the plan commission may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in this section. In all cases in which conditional uses are granted, the commission shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Such conditions may include specifications for, without limitation because of specific enumeration:

a.

Landscaping;

b.

Type of construction;

c.

Construction commencement and completion dates;

d.

Sureties;

e.

Lighting;

f.

Fencing;

g.

Operational control;

h.

Hours of operation;

i.

Traffic circulation;

j.

Deed restrictions;

k.

Access restrictions;

l.

Setbacks and yards;

m.

Type of shore cover;

n.

Specified sewage disposal and water supply systems;

o.

Planting screens;

p.

Piers and docks;

q.

Increased parking; or

r.

Any other requirements necessary to fulfill purpose and intent of this article.

(2)

The plan commission shall evaluate each application and may request assistance from any source which can provide technical assistance. The commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed operation/use.

(3)

No alteration of a conditional use shall be permitted unless approved by the plan commission.

(4)

Reserved.

(5)

All conditional use permits shall be subject to a renewal review for compliance with the original permit.

(Code 1986, § 10-1-45; Ord. of 4-27-2022(1))

Upon receipt of the application and statement referred to in section 58-115, the plan commission shall hold a public hearing on each application for a conditional use at such time and place as shall be established by such commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such manner and according to such procedures as the plan commission, shall, by rule, prescribe from time to time.

(Code 1986, § 10-1-46)

Notice of the time, place and purpose of such hearing shall be given by publication as a Class 2 notice under state law in the official village paper. Notice of the time, place and purpose of such public hearing shall also be sent to the applicant, the building inspector, members of the village board and plan commission, and the owners of record, as listed in the office of the assessor, who are owners of property in whole or in part situated within 100 feet of the boundaries of the properties affected, the notice to be sent at least ten days prior to the date of such public hearing.

(Code 1986, § 10-1-47)

When a conditional use application is denied, the plan commission shall furnish the applicant, in writing, when so requested, those standards that are not met and enumerate reasons the commission has used in determining that each standard was not met.

(Code 1986, § 10-1-48)

Where the plan commission has approved or conditionally approved an application for a conditional use, such approval shall become null and void within 12 months of the date of the commission's action unless the use is commenced, construction is underway or the current owner possesses a valid building permit under which construction is commenced within six months of the date of issuance, and which shall not be renewed unless construction has commenced and is being diligently prosecuted.

(Code 1986, § 10-1-49)

(a)

The plan commission shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. Such authority shall be in addition to the enforcement authority of the building inspector to order the removal or discontinuance of any unauthorized alterations of an approved conditional use, and the elimination, removal or discontinuance of any violation of a condition imposed prior to or after approval or violation of any other provision of this Code.

(b)

Upon written complaint by any citizen or official, the plan commission shall initially determine whether the complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in section 58-117, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in section 58-117. Any person may appear at such hearing and testify in person or represented by an agent or attorney.

(c)

The plan commission may, in order to bring the subject conditional use into compliance with the standards set forth in section 58-117 or conditions previously imposed by the commission, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. In the event that no reasonable modification of such conditional use can be made in order to ensure that standards in section 58-118 will be met, the plan commission may revoke the subject conditional approval and direct the building inspector and the village attorney to seek elimination of the subject use.

(d)

Following any such hearing, the decision of the plan commission shall be furnished the current owner of the conditional use in writing, stating the reasons therefor.

(Code 1986, § 10-1-50)

The following public and quasi-public uses shall be conditional uses and may be permitted as specified:

(1)

Airports, airstrips and land fields in the industrial districts, provided the site area is not less than 20 acres.

(2)

Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, and museums, in all residential, industrial and business districts.

(3)

Utilities in all districts, provided all principal structures and uses are not less than 50 feet from any residential district lot line.

(4)

Public passenger transportation terminals, such as heliport and bus terminals, provided all principal structures and uses are not less than 100 feet from any residential district boundary.

(5)

Public, parochial, and private elementary and secondary schools and churches in all residential districts, provided the lot area is not less than two acres and all principal structures and uses are not less than 50 feet from any lot line. Public, parochial and private elementary/secondary schools and churches in a manufacturing district, provided this is a temporary occupancy and would not remain over a three-year period. This temporary structure must be reviewed and approved by the village board on an annual basis during the three-year period.

(6)

Colleges, universities; hospitals, sanitariums; religious, charitable, penal and correctional institutions; cemeteries and crematories in the A-R Agricultural District, provided all principal structures and uses are not less than 50 feet from any lot line.

(Code 1986, § 10-1-51)

The following residential and quasi-residential uses shall be conditional uses and may be permitted as specified:

(1)

Planned residential developments, such as cluster developments in all residential districts. The district regulations may be varied provided that adequate open space shall be provided so that the average intensity and density of land use shall be no greater than that permitted for the district in which it is located. The proper preservation, care, and maintenance by the original and all subsequent owners of the exterior design; all common structures, facilities, utilities, access and open spaces shall be ensured by deed restrictions enforceable by the village.

(2)

Clubs, fraternities, lodges, and meeting places of a noncommercial nature in the R-4 Multifamily Residential District provided all principal structures and uses are not less than 25 feet from any lot line.

(3)

Rest homes, nursing homes, homes for the aged, clinics, funeral homes, and children's nurseries in the R-4 Multifamily Residential District, provided all principal structures and uses are not less than 50 feet from any lot line.

(4)

Home occupations and professional offices in the R-l, R-2, R-3 and R-4 residential districts.

(5)

Bed and breakfast establishments in the R-1, R-2, R-3 and R-4 residential districts. The term "bed and breakfast establishment" means any place of lodging that provides four or fewer rooms for rent for more than ten nights in a 12-month period, is the owner's personal residence, is occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast. Bed and breakfast establishments shall comply with the standards of state administrative regulations.

(6)

Short-term and vacation rentals.

(Code 1986, § 10-1-52)

The following commercial uses shall be conditional uses and may be permitted as specified:

(1)

Motels in the B-l Business District.

(2)

Funeral homes in the B-l Business District, provided all principal structures and uses are not less than 25 feet from any lot line.

(3)

Drive-in banks in the B-l Business District.

(4)

Tourist homes in the R-4 Multifamily Residential District, provided such district is located on a state trunk or U.S. numbered highway.

(5)

Vehicle sales, service, washing and repair stations, garages, taxi stands, and public parking lots, in all business districts provided all gas pumps are not less than 30 feet from any side or real lot line and 20 feet from any existing or proposed street line. Gasoline stations shall be a minimum of 500 feet from any public or parochial school and churches.

(6)

Any development within 500 feet of the existing or proposed rights-of-way of freeways, expressways, interstate and controlled access traffic-ways, and within 1,500 feet of their existing or proposed interchange or turning lane rights-of-way shall be deemed to be erected closer than 100 feet to their rights-of-way.

(Code 1986, § 10-1-53)

The following industrial and agricultural uses shall be conditional uses and may be permitted as specified:

(1)

Animal hospitals in the agricultural and industrial districts provided the lot area is not less than three acres, and all principal structures and uses are not less than 100 feet from any residential district.

(2)

Dumps, disposal areas, incinerators, and sewage disposal plants in the agricultural and industrial districts.

(3)

Manufacture and processing of abrasives, acetylene, acid, alkalis, ammonia, asbestos, asphalt, batteries, bedding, bleach, bone, cabbage, candle, carpeting, celluloid, cement, cereals, charcoal, chemicals, chlorine, coal, tar, coffee, coke, cardage, creosote, dextrine, disinfectant, dye, excelsior, felt, fish, fuel, furs, gelatin, glucose, gypsum, hair products, ice, ink, insecticide, lampblack, lime, lime products, linoleum, matches, meat, oil cloth, paint, paper, peas, perfume, pickles, plaster of paris, plastics, poison, polish, potash, pulp, pyroxylin, radium, rope, rubber, sausage, shoddy, shoe and lampblacking, size, starch, stove polish, textiles, and varnish. Manufacturing, processing, and storage of building materials, explosives, dry ice, fat, fertilizer, flammables, gasoline, glue, grains, grease, lard, plastics, radioactive materials, shellac, soap, turpentine, vinegar, and yeast. Manufacture and bottling of alcohol beverages. Bag cleaning, bleacheries, canneries, cold storage warehouses; electric and steam generating plants; electroplating; enameling; forges; foundries; garbage; incinerators; lacquering; lithographing; offal, rubbish, or animal reduction; oil, coal, and bone distillation; refineries, road test facilities; slaughterhouses; smelting; stockyards; canneries; and weaving in the M-l Industrial District and shall be at least 600 feet from residential and public and semi-public districts.

(4)

Outside storage and manufacturing areas in the M-l Industrial District. Wrecking, junk, demolition and scrap yards shall be surrounded by a solid fence or evergreen planting screen completely preventing a view from any other property or public right-of-way and shall be at least 600 feet from residential, public and semi-public districts.

(5)

Commercial service facilities, such as restaurants and fueling stations, in the M-l Industrial District provided all such services are physically and sales-wise oriented toward industrial district users and employees and other users are only incidental customers.

(Code 1986, § 10-1-54)

Mineral extraction operations including washing, crushing, or other processing are conditional uses and may be permitted in the M-l Industrial District, provided:

(1)

The application for the conditional use permit shall include: an adequate description of the operation; a list of equipment, machinery, and structures to be used; the source, quantity, and disposition of water to be used; a topographic map of the site showing existing contours with minimum vertical contour interval of five feet, trees, proposed and existing access roads, the depth of all existing and proposed excavations; and a restoration plan.

(2)

The restoration plan provided by the applicant shall contain proposed contours after filling, depth of the restored topsoil, type of fill, planting or reforestation, restoration, commencement and completion dates. The applicant shall furnish the necessary fees to provide for the village's inspection and administrative costs and the necessary sureties which will enable the village to perform the planned restoration of the site in event of default by the applicant. The amount of such sureties shall be based upon a cost estimate prepared by the owner and approved by the village engineer. The form and type of such sureties shall be approved by the village board.

(3)

The plan commission shall particularly consider the effect of the proposed operation upon existing streets, neighboring development, proposed land use, drainage, water supply, soil erosion, natural beauty, character, and land value of the locality and shall also consider the practicality of the proposed restoration of the site.

(4)

Expiration and renewal. Conditional use permit shall be in effect for a period not to exceed two years and may be renewed upon application for a period of two years. Modifications or additional conditions may be imposed upon application for renewal.

(Code 1986, § 10-1-55)

(a)

The following public recreational facilities shall be conditional uses and may be permitted as specified: archery ranges, bathhouses, beaches, boating, camps, conservatories, driving ranges, firearm ranges, golf courses, gymnasiums, hunting, ice boating, marinas, music halls, polo fields, pools, riding academies, skating rinks, sport fields, stadiums, swimming pools, and zoological and botanical gardens in a residential or industrial district provided that the lot area is not less than three acres and all structures are not less than 50 feet from any district boundary.

(b)

Commercial recreation facilities, such as arcades, bowling alleys, clubs, dancehalls, driving ranges, gymnasiums, lodges, miniature golf, physical culture, pool and billiard halls, racetracks, rifle ranges, Turkish baths, skating rinks, and theaters are conditional uses and may be permitted in the business districts.

(Code 1986, § 10-1-56)