[Code 1975, § 90-57]
(a) 
After the effective date of this chapter, no land, building or structure shall be used and no building or structure shall be erected or altered to be used for any purpose for which a conditional use permit is required by this chapter unless such conditional use permit is issued as provided herein. The conditional uses for which special permits are required shall be deemed to be permitted uses, subject, in each case, to conformity with the approval, requirements and standards set forth in this article and with any conditions imposed on and stated in the conditional use permit. Any conditional use, lawfully established, in accordance with the conditional use permit issued therefor as provided herein, shall be deemed to be conforming use as of the time of its establishment, subject to continued conformity with all conditions imposed upon the grant of a permit therefor.
(b) 
Each application for a conditional use permit shall be considered as an individual case and such application shall show conformity with the detailed application of the general and specific standards set forth in this article and to the applicable requirements of this chapter.
[Code 1975, § 90-58]
Prior to authorizing the issuance of a special permit for the conditional use, the board of appeals shall find that:
(1) 
The proposed use of land will protect and conserve, insofar as possible, the existing native trees, topography, bodies of water and other natural features.
(2) 
The use will be in such location and of such size and character that it generally will be in harmony with the appropriate and orderly development of the neighborhood in which it is situated and will not be detrimental to or prevent an orderly development of adjacent property nor be inconsistent with development shown on the master plan prepared by the planning board.
(3) 
The plot, subject to the minimum size stated in section 21-132 hereof for the proposed use, will be in such location and of such size and character as to permit the proposed use to be conducted thereon within congestion or overcrowding and without causing or tending to cause an undue concentration of people or vehicles thereon and that there will not be caused by such use thereon any danger to the public health, safety or general welfare through congestion of traffic, traffic hazard or otherwise.
(4) 
The use will be in harmony with and promote the general purposes and intent of this chapter.
[Code 1975, § 90-59]
In passing upon applications for permits for conditional uses, the board shall take into consideration, among other matters and things:
(1) 
The character of the existing and probable development of uses in the district and the particular suitability of such district for the location of the permitted use desired.
(2) 
All variances, permits for conditional uses theretofore granted and applications for permits for conditional uses then pending in the area in which location of the conditional use is sought.
(3) 
The conservation of property values and the encouragement of the most appropriate uses of land within the district.
(4) 
The accessibility of the premises and the several buildings and structures thereon to instrumentalities for police and fire protection.
(5) 
Access of light and air to the premises, the buildings and structures thereon and to adjoining premises and the relation of the several buildings upon the site to each other.
(6) 
Traffic problems, transportation requirements pertaining to such proposed use and adequacy of facilities for drainage, sewers, water supply and similar necessities.
(7) 
Whether the operations in pursuance of the use will cause disturbing emission of electrical discharges, dust, light, vibration or noise or undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing, or if proposed by the village or by other competent governmental agency.
(8) 
The nature and the extent of the activities to be conducted thereon and the relationship and effect of such activities to and on adjacent properties and the surrounding area.
(9) 
The necessity for bituminous surface or space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be had.
(10) 
Whether a hazard to life, limb or property, because of fire, flood, erosion or panic or otherwise, may be created by reason of or as a result of the use or by the structures to be used therefor or by the undue concentration or assemblage of persons upon the plot.
(11) 
Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof.
(12) 
Whether the use to be operated is unreasonably near to a church, school, theater, recreational area or other place of public assembly so as to cause or create hazard to life, limb or property.
[Code 1975, § 90-60]
The board of appeals shall, in authorizing such conditional uses, impose such conditions and safeguards as it may deem appropriate, necessary or desirable to preserve and protect the spirit and objectives of this chapter.
[Code 1975, § 90-61]
The board shall make written findings with respect to compliance or noncompliance of the application with respect to each and every standard and condition set forth in and required by this article and such written findings shall be filed with the village clerk at the time of its decision.
[Code 1975, § 90-62]
(a) 
The board shall have no power to grant a conditional use permit for a private school of primary or secondary grade:
(1) 
Upon a site of less than ten (10) acres.
(2) 
For the incidental use of any part of the property for a stadium.
(3) 
Upon a site having a frontage of less than four hundred (400) feet upon a street which has been suitably improved and placed upon the official map of the village.
(b) 
The board shall have no power to grant a conditional use permit for a monastery, convent, seminary or religious place of retreat:
(1) 
Upon a site of less than five (5) acres.
(2) 
Upon a site having a frontage of less than four hundred (400) feet upon which is a street which has been suitably improved and placed upon the official map of the village.
[Code 1975, § 90-63]
(a) 
In case of a school or seminary, convent or monastery, the board may, in a specific case, vary the regulations set forth in this chapter relating to height of buildings, front yard, rear yard and side yards upon making the following findings:
(1) 
That such modification is required to enable such use to provide an essential service to the community.
(2) 
In the case of integration of new buildings or enlargement of existing buildings, that, without such modification, there is no way to design and construct the new buildings or enlargements in satisfactory physical relationship to the existing buildings and structures that are to remain upon the site so as to produce an integrated development.
(3) 
That such modification is the minimum modification necessary to permit the development of such integrated academic school, and thereby created the least detriment to the character of the neighborhood and the use of nearby property.
(b) 
The board may determine the number, location, design and size of off-street parking spaces to be furnished for each conditional use for which it may grant a conditional use permit and, on making such determination, shall consider the anticipated daily attendance, the number of transients estimated to come to the facility, the peak hours and loads and the anticipated turnover of vehicles. The board may use all statistics, studies, general standards and specifications of other communities for parking for the particular conditional uses involved.
[Code 1975, § 90-64]
The applicant shall file an application in such form as may be required for a conditional use, duly signed and acknowledged by each person having an interest in the land proposed to be occupied by such conditional use. Where the owner or owners desire merely to ascertain whether such conditional use would be approved in the location in which it is sought to be established, such application shall be accompanied by:
(a) 
A diagram, prepared by a professional engineer or licensed surveyor, showing the outer boundaries of the plot, tract or parcel of land involved, and all land within five hundred (500) feet of such boundary, excluding in such computation:
(1) 
All land contained on public streets.
(2) 
All land owned by applicant adjacent to the lot or lots intended to be used for such conditional use.
(3) 
All adjacent land owned by the seller, if the applicant is a contract vendee.
(b) 
A topographical plan showing contours, proposed location of all buildings, structures, roads, parking fields, open areas and other matters affecting the plan of development.
(c) 
Elevations and ground plans for each proposed building and structure, showing proposed appearance of each outer wall.
(d) 
Survey of traffic and estimates of additional traffic which will or may be generated by such use.
(e) 
Such additional detailed information as may be required by the board.
(f) 
A filing fee of fifteen dollars ($15.00).
(g) 
In such case, approval of such conditional use permit by the board shall be subject to an application for and issuance of a building permit for construction of the buildings and structures to be used in connection with the conditional use permit so granted. In each other case, an application for a building permit shall also be filed and shall be accompanied by plans and specifications showing compliance with the building code as well as compliance with the provisions hereof.
[Code 1975, § 90-65]
A permit for a conditional use or for a modification of the regulations referred to in Division 1 of Article V, granted under the provisions thereof, shall automatically lapse if substantial construction, in accordance with the plans for which such permit was granted, has not been completed within one year from the date of granting such permit by the board, or, if judicial proceedings to review the board's decision shall be instituted, from the date of entry of the final order in such proceedings, including all appeals, except that, in the case of a conditional use permit for the erection of a school, seminary, convent or monastery, such period for completion of substantial construction shall be two (2) years.