The village board may authorize the zoning administrator to issue a conditional use permit for conditional uses after review and a public hearing, provided that such conditional uses and related structures are in accordance with the purpose and intent of this chapter and are found to be not hazardous, harmful, offensive, or otherwise adverse to the environment or the value of the neighborhood or the community.

(Code 1980, § 17.0501)

Applications for conditional use permits shall be made in triplicate to the clerk-treasurer on forms furnished by the zoning administrator or other designated village employees and shall include at least 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 within 300 feet in the village.

(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 is located. For floodland conditional uses, such description shall also include information that is necessary for the plan commission and county park and planning commission to determine whether the proposed development will hamper flood flows, impair floodplain storage capacity, or cause danger to human or animal life. This additional information may include plans, certified by a registered professional engineer or land surveyor, showing elevations or contours of the ground at two-foot intervals; fill or storage elevations; first-floor elevations of structures; size, location, and spatial arrangement of all existing and proposed structures on the site; location and elevation of streets, water supply, and sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream; soil types and other pertinent information.

(3)

Plat of survey prepared by a registered land surveyor showing all of the information required under section 70-34, Municipal Code of the Village of Roberts for a building/zoning permit as well as the following: mean and historic high-water lines and floodlands on or within 40 feet of the subject premises and existing and proposed landscaping.

(4)

Additional information may be required by the plan commission, engineer, zoning administrator, or building inspector.

(Code 1980, § 17.0502)

The plan 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, and prior to village board action shall hold a public hearing as set forth in section 70-10, Municipal Code of the Village of Roberts. In addition:

(1)

Conditions. Conditions such as landscaping, architectural design, type of construction, floodproofing, anchoring of structures, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational 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 chapter.

(2)

Notice to DNR and county park and planning commission. The plan commission shall transmit a copy of each application for a conditional use within a floodland or shoreland area to the state department of natural resources (DNR) and/or the county park and planning commission for review and comment. In addition, the county park and planning commission may require the submittal of an application on conditional uses within floodland-shoreland areas. Action on the application shall not be taken for 30 days or until the DNR and county park and planning commission have made their recommendations, whichever comes first. A copy of all floodland conditional use permits shall be transmitted to the DNR within ten days of the effective date of such permit.

(3)

Time limit for action by village board. Action by the village board on conditional uses shall be taken within 95 days from date of petition unless extended by the petitioner.

(Code 1980, § 17.0503)

Special conditional uses not set forth in district regulations may be allowed, including any principal uses similar in character to the permitted principal uses on the premises which meet the intent of the district but which are not listed as permitted uses within the text of the zoning district.

(Code 1980, § 17.0504)

(a)

Following a public hearing and after careful consideration of the plan commission's recommendations, the village board may grant the conditional use permit as applied for, grant the conditional use permit with conditions deemed appropriate by the board, or deny the permit. Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, highway access, and performance standards, shall be required of all conditional uses unless otherwise stipulated in the individual district regulations. Variances shall only be granted as provided in article XI of this chapter and section 70-9, Municipal Code of the Village of Roberts. If the conditional use permit is granted (with or without conditions) official notice of such conditional use shall be transmitted to the county register of deeds on forms provided by the village. The county register of deeds shall take whatever action necessary to append the permitted conditional use forms to the deed of the property for which a conditional use has been granted. Any approving action by the village board will be valid only if the conditional use is recorded with the county register of deeds and the use or operation commenced within six months from the date of such action.

(b)

When the plan commission makes a determination either by observation or by official citizen complaint that a permitted conditional use is or has been apparently violated, the plan commission may convene a public hearing as set forth in section 70-10, Municipal Code of the Village of Roberts, giving at least 30 days' notice to the holder of the conditional use permit and advising the permit holder as well as property owners within 300 feet of the conditionally permitted use of the purpose of the hearing, which may be to recommend to the village board the altering, rescinding, or reaffirmation of the conditional use permit then in effect. The village board, following a recommendation by the plan commission, may take action to rescind or alter the conditional use permit then in effect and by doing so direct the clerk-treasurer to take any necessary steps to rescind or alter the covenants or other pertinent documents concerning the conditional use and attached to the property deed held in the office of the county register of deeds.

(Code 1980, § 17.0505)