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.
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.
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.
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.