a.

Purpose. The development and execution of this Code is based upon the division of the village into districts within which districts the use of land and buildings, and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be or have not been classified in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use in the particular location. Such additional uses fall into two (2) categories:

1.

Uses publicly operated or traditionally affected with a public interest.

2.

Uses entirely private in character, but of such an unusual magnitude or nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities. Notwithstanding the above, there shall be no conditional uses considered for the proposed uses of a commercial nature in residential areas.

b.

Initiation of conditional use. Any person, firm, corporation, office, department, or other legal entity having a freehold interest in land, 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, may file an application to use such land for one or more of the conditional uses provided for in this section in the zoning district in which the land is located.

c.

Application for conditional use. An application for a conditional use shall be filed with the zoning administrator on a form prescribed by the zoning administrator. The application shall be accompanied by such plans and/or data prescribed by the planning and development commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use will conform to the standards set forth in division g. hereinafter. Such application shall be forwarded from the zoning administrator to the planning and development commission for review and recommendation to the president and board of trustees.

d.

Hearing on application for conditional use. The planning and development commission shall hold a public hearing on each application, at such time and place as shall be established by the planning and development commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such manner as the planning and development commission shall, by rule, prescribe from time to time.

e.

Notice of hearing. Notice of time and place of such hearing shall be published at least once in a newspaper of general circulation within the village not more than thirty (30) days nor less than fifteen (15) days before such hearing.

f.

Authorization. For each application for a conditional use, the planning and development commission shall, within sixty (60) days of receipt of the application, report its written findings and recommendations to the president and board of trustees, including the stipulations of additional conditions and guarantees that such condition will be complied with when they are deemed necessary for the protection of the public interest.

g.

Standards. No conditional use shall be recommended by the planning and development commission, unless such commission shall find:

1.

That 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.

That the conditional use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;

3.

That 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.

That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;

5.

That 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.

That the proposed conditional use is not contrary to the objectives of the current land use plan for the village; and

7.

That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendations of the planning and development commission.

h.

Conditions and guarantees. Prior to the granting of any conditional use, the planning and development commission may recommend and the president and board of trustees may stipulate such conditions and restrictions, upon the establishment, location, construction, maintenance and operation of the conditional use as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in division g. above. In all cases in which conditional uses are granted, the president and board of trustees 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.

i.

Action by the president and board of trustees.

1.

The president and board of trustees shall not act upon a proposed conditional use permitted under this title until it shall have received a written report and recommendation from the planning and development commission on the proposed conditional use.

2.

The president and board of trustees may grant or deny, by ordinance, or refer back to the planning and development commission for further study, any application for conditional use, and may establish such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use, as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in division g. The president and board of trustees shall grant, deny or refer the application back to the planning and development commission as aforesaid within sixty (60) days from the date it shall have received the written report and recommendation from the planning and development commission on the proposed conditional use.

3.

In all cases where the president and board of trustees permit the establishment of a conditional use, the terms of the relief granted shall be specifically set forth in the ordinance or resolution in a conclusion statement, separate from any findings of fact in the case.

j.

Effect of denial of a conditional use. No application for a conditional use, which has been denied wholly or in part by the president and board of trustees, shall be resubmitted for a period of one (1) year from the date of said order of denial, except on the grounds of new evidence or proof of change or conditions found to be valid by the president and board of trustees.

k.

Revocation. In any case where a conditional use has not been established (substantially underway) within one (1) year from the date of granting thereof, then, without further action by the president and board of trustees, the conditional use or authorization thereof shall be null and void.

l.

Expiration and transferability. A conditional use approval shall be deemed to authorize only one (1) particular conditional use and shall expire if the conditional use shall cease for more than twelve (12) months for any reason. However, the ownership of an authorized conditional use may be charged if the use remains unchanged.

If, prior to the issuance of a building permit, the person, firm, corporation or organization to whom a conditional use permit has been granted transfers his interest in the land upon which the permit was granted to another person, firm, corporation or organization, such conditional use permit shall be null and void.

(Ord. No. 97-28, 11-3-97; Ord. No. 2002-20, § 1, 12-16-02; Ord. No. 2022-39, § 1, 12-5-22; Ord. No. 2024-8, § 4, 2-13-24)