This chapter divides the Village into zoning districts where
the design, use, bulk, and location of buildings and structures are
compatible. However, conditional uses have unique characteristics
that require a higher degree of scrutiny and, therefore, cannot be
properly allowed as unrestricted permitted uses. The Village requires
consideration, in each case, of their impact on neighboring land or
public facilities, and of the public need for the particular use at
a particular location. These uses may be necessary or desirable in
a particular district if sufficient consideration is given to their
location, development and operation.
The Plan Commission and Village Board shall consider the effect
of granting a conditional use permit upon the health, general welfare,
safety and economic prosperity of the Village and of the immediate
area 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 effects resulting from noise, dust, smoke or odor and
other factors; and the Village of Denmark Comprehensive Plan or components
thereof, unless such considerations are in conflict with this article.
The public hearing shall be held before the Plan Commission
as soon as practical pursuant to the requirements of this chapter.
The Plan Commission shall make a recommendation regarding the petition
to the Village Board.
A. The Village Board may approve, conditionally approve or deny the
application and it shall report its decision within 90 days after
the filing of the application. The Village Board's decision shall
be in writing and shall include an accurate description of the use
permitted, of the property on which it is permitted and any and all
conditions made applicable thereto.
B. Upon approval of a conditional use by the Village Board, the Zoning
Administrator shall issue a conditional use permit.
When a conditional use is approved, an appropriate record shall
be made of the land use and building permits, and such decision shall
be applicable solely to the structures, use and property so described.
Where a use does not comply with the conditions of the permit,
the conditional use permit shall be revoked and the use shall be considered
a violation of this chapter.