[Ord. No. 07-449 §3, 8-13-2007]
The division of the Village into zoning districts is based upon
the principle that similar conditions prevail throughout a particular
district. For particular uses of land that, because of their unique
character or potential impacts on adjacent land uses, are not permitted
in certain zoning districts as a matter of right, the Village may
grant a conditional use permit under certain conditions.
[Ord. No. 07-449 §3, 8-13-2007]
A conditional use permit may be granted for those unique uses listed in Section 405.350.
[Ord. No. 07-449 §3, 8-13-2007]
A.
Applications
for conditional use permits shall include the following information:
1.
A completed application form as provided by the Village;
2.
Legal description of the subject property;
3.
Proof of ownership or control of the subject property;
4.
Description of the proposal that specifically describes the function,
operation and duration of the proposed use;
5.
Map depicting the general location of the property;
6.
A final development plan, when applicable;
7.
Names and addresses of property owners within one hundred eighty-five
(185) feet of the project boundary; and
8.
Any other information deemed necessary to conduct a thorough analysis
of the application including, but not limited to, a stormwater analysis,
a traffic study or an environmental impact study, if warranted.
[Ord. No. 07-449 §3, 8-13-2007]
A.
An
application for a conditional use permit shall not be approved unless
the following criteria are met:
1.
The proposed use is consistent with the intent of the Village's Comprehensive
Plan;
2.
The proposed use is one specifically permitted by this Code or, as
an exception, any previously granted conditional use permit may be
considered for renewal;
3.
The proposed use does not adversely impact the public health, safety,
comfort or general welfare;
4.
The proposed use conforms to all conditions and performance standards
as set forth herein;
5.
The proposed use does not adversely impact the public infrastructure
system; and
6.
The proposed use is compatible with the use, scale, orientation and
setback of properties in the general vicinity.
[Ord. No. 07-449 §3, 8-13-2007]
A.
All
conditional use permit applications shall be considered by the Village
Board of Trustees for a final determination, which shall take the
form of a resolution.
B.
All
conditional use permit applications shall require a public hearing
as prescribed in this Code.
C.
If
a protest against a conditional use permit application is submitted
in writing to the Village Clerk, duly signed and acknowledged by thirty
percent (30%) or more of the property owners of an area determined
by lines drawn parallel to and a distance of one hundred eighty-five
(185) feet from the boundaries of the property of which the application
is being considered, a two-thirds (2/3) favorable majority of all
members of the Board of Trustees shall be required for the application
to be approved.
D.
The
action of granting a conditional use permit shall not constitute a
rezoning.
[Ord. No. 07-449 §3, 8-13-2007]
A.
Only
the uses identified on the following list shall be considered for
a use permit.
1.
Accessory utility facilities.
2.
Group homes, provided each facility is at least one thousand five
hundred (1,500) feet from any other facility.
3.
Home occupation to be conducted within an accessory structure.
4.
Temporary use of modular units for office purposes in accordance
following provisions:
[Ord. No. 07-449 §3, 8-13-2007]
A.
Operation
of an approved conditional use permit shall expire should any of the
following circumstances occur:
1.
The term of the permit has expired;
2.
In the case of new construction, if the necessary building permits
have not been issued in accordance with the approved permit within
two (2) years from the date of approval;
3.
The approved use ceases operation for a period of twelve (12) consecutive
months; or
4.
The approved use changes site location.
B.
Should
any conditional use permit be reported to be in non-conformance with
the terms of approval, the permit shall be subject to revocation by
resolution of the Village Board of Trustees after a public hearing.
Said permit shall be revoked upon determination of any of the following:
