Rothschild City Zoning Code
ARTICLE XI
Conditional Use Permits
§ 590-120 Purpose.
The purpose of this article is to provide regulations that govern the procedure and requirements for the review and approval, or denial, of proposed conditional uses.
§ 590-121 Conditional use permit required.
Any use listed as a conditional use in Article II, or elsewhere in this chapter, shall be permitted only upon application to the Village Clerk, Planning and Zoning Commission recommendation for approval and final action by the Village Board. It is recognized that there are certain uses which are unique or special in nature. It is also recognized that it is impractical to detail all the regulations or predetermine when a conditional use permit would be permissible under this chapter. A proposed conditional use shall be denied unless the applicant can demonstrate, to the satisfaction of the Village, that the proposed conditional use will not create inappropriate undesirable impacts on nearby properties, the environment, or the community as a whole, as determined by the Planning and Zoning Commission.
§ 590-122 Application for conditional use permit.
Applications for a conditional use permit shall be made on forms provided by the Village Clerk and submitted with the applicable fees as per the fee schedule. All materials, parts, and attachments submitted as part of the application shall be submitted in a form that is clearly reproducible with a photocopier. The application shall contain or have attached thereto the following information:
A.
Project identity. Name, address, legal description of property and telephone number of the owner; location of building structure on the lot to which or upon which the conditional use may be placed.
B.
Applicant. Name of owner, firm, corporation, or association requesting the conditional use.
C.
Location map. A map of the subject property showing all lands for which the conditional use is proposed and all other lands within 100 feet of the boundaries of the subject property. The location map shall clearly indicate the current zoning of the subject property and adjacent properties and show any other jurisdiction(s) that maintains control over the property.
D.
Conditional use description. A written use description of the proposed conditional use.
E.
Site plan. A site plan of the subject property as proposed for development. See § 590-117.
F.
Other required permits. Copies of any other permits required and issued for said project.
G.
Additional information. Additional information as may be required by the Planning and Zoning Commission.
H.
Elevation drawing, as required. If the conditional use requires the alteration of an existing structure, or building a new structure, submit a scaled elevation of all sides.
I.
Justification. The applicant shall provide written justification for the proposed conditional use consisting of the reasons why the applicant believes the proposed conditional use is appropriate, particularly as evidenced by compliance with the standards set forth in this chapter.
§ 590-123 Review of application.
A.
Preapplication meeting. A preapplication informational meeting may be scheduled with the Building Inspector/Zoning Administrator or designated person to inform the applicant of the process and purpose of the regulations.
B.
Planning and Zoning Commission review. The Planning and Zoning Commission will review and consider the completed conditional use permit application at a public hearing and formulate a recommendation to the Village Board. The Planning and Zoning Commission shall consider the following:
(1)
The requested conditional use is in harmony with the recommendations of the Village's Master Plan and any other plan, program, or ordinance adopted or under consideration pursuant to official notice by the Village.
(2)
The proposed conditional use, in its proposed location and as depicted on the required site plan, does not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, the surrounding environment, traffic flow and patterns, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare, either as they now exist or as they may exist in the future.
(3)
The proposed conditional use maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property.
(4)
The proposed conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public agencies serving the subject property.
(5)
The potential public benefits of the proposed conditional use outweigh any and all potential adverse impacts of the proposed conditional use, after taking into consideration the applicant's proposal and any requirements recommended by the applicant to alleviate such impacts.
§ 590-124 Public hearing.
A.
All conditional use permits require a public hearing. The Planning and Zoning Commission shall schedule a public hearing upon receiving a completed application. Refer to Article XV, Public Hearings.
B.
Preliminary findings. Within 60 days after the public hearing, or within an extension of said period requested in writing by the applicant and granted by the Planning and Zoning Commission, the Planning and Zoning Commission shall make its preliminary finding. Such finding and recommendation shall be stated in the minutes.
§ 590-125 Planning and Zoning Commission action.
A.
The Planning and Zoning Commission may take final action on the application at the time of its initial consideration of the written conditional use permit or may continue the proceedings at its discretion. The Planning and Zoning Commission may take the following actions on the conditional use:
(1)
Approve as originally proposed.
(2)
Approve the proposed conditional use with modifications (per the recommendations of the Village staff, authorized outside experts, the general public, or its own members).
(3)
Denial of the proposed conditional use.
B.
The Planning and Zoning Commission's approval of the proposed conditional use shall be considered the approval of a unique request and shall not be construed as precedent for any other proposed conditional use.
§ 590-126 Effect of issuance or denial; duration of permit.
A.
Permit issued. If a favorable finding is made by the Planning and Zoning Commission and the application is approved by the Village Board, the Building Inspector/Zoning Administrator or designated person shall prepare a written conditional use permit. Prior to issuance of a permit, the applicant must satisfy all the conditions placed upon the conditional use by the Village Board.
B.
Effect of denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of six months from the date of said order of denial, except on grounds of new evidence or proof of change of factors.
C.
Termination of an approved conditional use. Any conditional use found not to be in compliance with the terms of this chapter or the conditions of the permit shall be considered in violation of this chapter and shall be subject to all applicable procedures and penalties. A conditional use permit may be revoked for such a violation by majority vote of the Village Board, following the procedures outlined in § 590-127.
D.
Time limits on the development of conditional use. The start of construction of any and all conditional uses shall be initiated within 365 days of final approval of the Village Board and shall be operational within 730 days of said approval. Failure to initiate development within this period shall automatically constitute a revocation of the conditional use. Prior to such a revocation, the applicant may request an extension of this period. Said request shall require formal approval by the Planning and Zoning Commission and the Village Board and shall be based upon a showing of acceptable justification (as determined by the Planning and Zoning Commission and the Village Board).
E.
Discontinuing an approved conditional use. Any and all conditional uses which have been discontinued for a period exceeding 365 days shall have their conditional use invalidated automatically. The burden of proof shall be on the property owner to conclusively demonstrate that the subject conditional use was operational during this period.
F.
Change of ownership. All requirements of the approved conditional use shall be continued regardless of ownership of the subject property. Modification, alteration, or expansion of any previously granted conditional use, without prior approval by the Village Board, shall be grounds for revocation of said conditional use approval per § 590-127.
§ 590-127 Modification or revocation of conditional use.
When it appears to the Village Board, either by observation, report of the Building Inspector/Zoning Administrator or designated person, or by citizen complaint, that a permitted conditional use apparently is being or has been violated, the Village Board may convene a public hearing, as set forth in § 590-124, giving notice to the holder of the conditional use permit and advising the permit holder of the purpose of the hearing, which may be to modify, revoke, or reaffirm the conditional use permit then in effect. Following the public hearing, the Village Board may act to modify, revoke, or reaffirm the conditional use permit then in effect. The Village Board may direct the Village Clerk and/or Building Inspector/Zoning Administrator or designated person to take any necessary action to modify or revoke the conditions, restrictions, covenants or other pertinent documents concerning the conditional use.