§ 121-63. Conditional permitted uses.

(a)

Purpose.

(1)

The development and execution of this chapter is based upon the division of the village into zoning 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 properly 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 of the particular location. Such special uses fall into two categories:

a.

Uses publicly operated or traditionally affected with a public interest.

b.

Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

(2)

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

(3)

Adequate public utilities, access roads, drainage and/or other necessary site improvements have been or are being provided. Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

(b)

Approval required. Uses listed as permitted by conditional use permit may be allowed in the district in which they are listed upon petition for such permit to the village and subject to the approval of the village board upon recommendation of the plan commission and to such other conditions as hereinafter designated.

(c)

Changes and amendments. No permit for expansion, alteration or change that materially alters or impacts the use as granted shall be issued until an application for amendment of the special use has been filed and considered by the village board.

(d)

Basis of approval. The village board upon recommendation of the plan commission shall base their determination on general consideration as to the effect of such a permit on the health, general welfare, safety and economic prosperity of the village and specifically of the immediate neighborhood in which such use would be located, including such considerations as the effect on the established character and quality of the area, its physical attractiveness, the movement of traffic, the demand for related services, the possible hazardous, harmful, noxious, offensive, or nuisance effect as a result of noise, dust, smoke or odor and such other factors as would be appropriate to carrying out the intent of conditional use permits as expressed in section 121-10.

(e)

Petition. A request for a conditional use permit shall be submitted in writing to the village, which shall refer such petition to the plan commission for recommendation. Such petition shall be accompanied by appropriate data and information necessary for proper evaluation of the request including but not limited to the following:

(1)

An accurate map of the property including indication of general terrain and topographic characteristics, the location of all significant terrain features such as streams, ponds, tree growth, etc., and the location of all existing structures.

(2)

An accurate and complete written description of the use for which the conditional use permit is being requested including pertinent statistics and operational plan.

(3)

Plans and other drawings showing proposed development of the site and buildings including landscape plans, location of parking and service areas, driveways, exterior lighting, type of building material, etc.

(4)

Any other pertinent information required by the plan commission or village board as set forth in forms supplied by the department of community development.

(5)

All other information required by this chapter, including but not limited to the information required by section 121-10(c)(3).

(f)

Hearing. Upon receipt of the petition the plan commission shall hold a public hearing thereon.

(g)

Notice. Notice of the proposed conditional use and a copy of the public hearing notice shall be sent by regular mail to the owners of all property within 500 feet.

(h)

Determination. Following the public hearing and necessary study and investigation by the plan commission, the village board shall as soon as practical render its decision. A copy of the minutes reflecting the decision shall be made a permanent part of the village board records.

(i)

Mapping and recording. When a conditional use permit is approved, the building permit, and occupancy and zoning certificates, shall be appropriately noted and such permit shall be applicable solely to the structures, use and property so described.

(j)

Termination. Where a permitted conditional use is not in conformity with the conditions of the original approval or for similar cause based upon consideration for public welfare the conditional use permit may be terminated by action of the village board following referral to the plan commission for recommendation. Such use shall thereafter be classified as a legal nonconforming use, except that where the action is due to failure to comply with the conditions of the conditional use permit, the village board may require complete termination of such use. If the conditionally permitted use is discontinued or abandoned for a period of 12 consecutive months, the conditionally permitted use shall terminate automatically without further action by the village board unless the board has granted a different period of time in the conditional use permit.

(k)

Application to existing uses.

(1)

A use which existed lawfully on a lot at the time said lot was placed in a district where such use would be permitted only as a conditional permitted use, may retain permitted conditional use status subject to submitting the data required under section 121-10.

(2)

The permit of the conditional use in such case shall be based upon the existing conditions at the time, however, the village board upon recommendation of the plan commission may require improvements in general building appearance, in storage of trash and other materials, in the provision of more satisfactory off-street parking, in the use of planting or fencing screens where necessary, and in operational matters relating to the control of noise, dust, odor, smoke, and excessive glare or illumination of lighting; provided that such measures be within the reasonable economic capacities of such a use. Any expansion or change in use shall require an amendment of the conditional use permit.

(3)

Petition may be made at any time for expansion or other change of the conditional use permit and such petition shall not prejudice the existing permit as herein authorized.

(l)

Standard requirements.

(1)

Except as may be specifically otherwise provided, any such use shall conform to the building location, height, building size, lot size, and open space regulations of the district in which it is located.

(2)

Building, site and operation plans of the proposed use shall be submitted for approval by the plan commission. Such plans shall be in sufficient detail to enable the commission to evaluate the suitability of architectural and landscape treatment; the proper location of the building or buildings on the lot; the satisfactory provision for parking and circulation needs, for stormwater drainage and sewage disposal, for adequate planting screen where necessary to eliminate noise, dust, odor, smoke, or other objectionable operating conditions; and the general compatibility of the proposed use with the area in which it is located.

(m)

Special requirements. In addition to the general standards and requirements as stated in this section, conditionally permitted uses shall be subject to more specific standards and requirements appropriate to the particular use, which standards and requirements may be set out in a supplementary guide of standards and criteria for the regulation of conditionally permitted uses as adopted by the plan commission, and modified from time to time in order that they reflect the best and most contemporary of regulatory practices.

(n)

Modification regulations. Parking, in accordance with article VIII of this chapter, bulk and area requirements applicable to uses permitted by right or as accessory uses in any district by the regulations of this chapter may be modified or waived by the plan commission in their application to a conditional use if in the commission's opinion they are not appropriate or necessary to the proper regulation of the conditional use, and where such modification or waiver would not, in the commission's opinion, result in adverse effect upon the surrounding properties.

(o)

Accessory uses and structures. Uses and structures accessory to a principal conditional permitted use shall be subject to appropriate regulations in the same manner as herein set forth for the principal conditional use.

(Prior Code, § 22-10-10.08; Ord. of 9-20-1954, § 22-10-10.08; Ord. No. 05-06, § I, 2-21-2005; Ord. No. 05-09, § I, 3-7-2005)