The purpose of this article is to provide procedures and authority to approve certain uses that, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land or public facilities and of the public need for the particular use of a particular location. Such uses, nevertheless, may be necessary or desirable to be conditionally allowed in a particular district provided that due consideration is given to location, development, and operation of such uses.
The Village Board, upon recommendation of the Plan Commission, may authorize the Village Administrator to issue a conditional use permit for a specific use on a particular site, provided that such conditional use and involved structure(s) are found to be in accordance with the purpose and intent of this chapter and are further found to be not hazardous, harmful, offensive, or otherwise adverse to the environment or the value of the neighborhood or the community.
Conditions pertaining to landscaping, architectural design, type of construction, construction commencement and completion dates, lighting, fencing, planting screens, hours of operation, traffic circulation, driveway access, yards, parking requirements, deed restrictions or sureties and guarantees may be required by the Village Board upon its finding that these are necessary to fulfill the purpose and intent of this chapter.
Compliance with all other provisions of this chapter and the requirements of the district in which the use is located shall be required of all conditional uses.
Initiation of conditional use permit application. Any person, firm, corporation or organization having a freehold interest, a possessory interest entitled to exclusive possession, or a contractual interest that may become a freehold interest or an exclusive possessory interest in the land for which a conditional use is sought may file an application to use such land for one or more of the conditional uses in the zoning district in which such land is located.
Required application materials. An application for a conditional use shall be filed with the Village Administrator on a form prescribed by the Village. Such applications shall include:
Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor, and all property owners of record within 300 feet.
Description of the subject site by address and by lot, block, and recorded subdivision or by metes and bounds description.
A statement, in writing, by the applicant describing the proposed use, including estimated number of employees, hours of operation, hours of service truck delivery or pickup, and expected traffic generation.
Plat of survey prepared by a registered land surveyor showing all of the information required for a building permit.
Plans and drawings of any proposed site and building improvements, including the following:
Site plan showing the location of existing and proposed buildings, parking areas, traffic access, driveways, walkways, open spaces, landscaping, and lighting.
Building plan showing exterior building elevations, description of exterior building materials, and general arrangement of interior spaces.
Landscaping plan showing existing and proposed vegetation and specifying the size and type of proposed plant materials.
Signage plan showing the dimensions, design, color, and illumination of all ground signs and building signs.
Lighting plan for all exterior lighting, including all lighting for parking areas, security lighting, and lighting for advertising or building or sign illumination.
Drainage plan, grading plan, topography of site, and identification of utilities.
Other information, such as a traffic study, as may be necessary to determine and provide for enforcement of this chapter.
Fee. Applications for conditional use permits shall be accompanied by payment of a conditional use permit fee in accordance with the fee schedule adopted from time to time by the Village Board.
Scheduling a public hearing. All requests for conditional uses shall be forwarded by the Village Administrator to the Plan Commission. Upon receipt of the application, the Plan Commission shall schedule a public hearing on each application for a conditional use at such time and place as shall be established by such Commission. The hearing shall be conducted and a record of the proceedings shall be presented in such a manner and according to such procedures as the Plan Commission shall, by rule, prescribe from time to time.
Hearing notification. Due notice of the time, place, and purpose of such hearing shall be given.
Review by the Plan Commission. Following the public hearing, the Plan Commission shall review the application and make a recommendation to the Village Board to approve, deny, or conditionally approve the proposed use.
Criteria for review. No application for a conditional use shall be recommended by the Plan Commission or approved by the Village Board unless the Plan Commission and Village Board shall find that the following conditions are present:
The establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
The uses, values, and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance, or operation of the conditional use, and the proposed use is compatible with the use of adjacent land.
The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
Adequate utilities, access streets, drainage, and 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 and adverse impacts on adjoining or nearby properties.
The conditional use shall conform to the intent and all applicable regulations of the district in which it is located.
The physical characteristics and the type and design of the building used in conducting such business are compatible with the neighborhood.
The general characteristics of the business, such as its operating characteristics or general mode of conducting business, are compatible with the neighborhood.
Reasons for recommending denial. When a recommendation of denial of a conditional use application is made, the Plan Commission shall furnish the applicant, in writing when so requested, those standards that are not met and enumerate reasons the Plan Commission has used in determining that each standard was not met.
Village Board review and approval. Following the recommendation of the Plan Commission, the Village Board shall consider the conditional use application at its next regularly scheduled meeting. The Village Board shall either accept, reject, or modify in whole or in part the recommendation of the Plan Commission and shall approve, deny, or conditionally approve the application for a conditional use permit.
Conditions, restrictions and guarantees. Prior to the granting of any conditional use, the Village Board may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety, and general welfare of the community and to secure compliance with the standards and requirements of this chapter. The Village Board may require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Such conditions may include conditions related to:
Site design and setbacks.
Design, materials, or color of structures.
Fencing or screening.
Hours of operation.
Parking and traffic circulation.
Other requirements that may be necessary to fulfill the purpose and intent of this chapter.
Alteration or expansion of conditional use. No alteration, expansion of a structure, change of use, or increase in the intensity of use of an approved conditional use shall be permitted unless approved by the Village Board, following recommendation of the Plan Commission.
Validity of conditional use permit. Where the Village Board has approved or conditionally approved an application for a conditional use, such approval shall become null and void within 12 months of the date of the Village Board's action unless the use is commenced, construction is underway, or the current owner possesses a valid building permit under which construction is commenced within six months of the date of issuance and which shall not be renewed unless construction has commenced and is being diligently pursued. The Village Board may extend such permit for a period of 90 days for justifiable cause, if application is made to the Village at least 30 days before the expiration of said permit.
The Village shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. Such authority shall be in addition to the enforcement authority of the Village Administrator or designee, acting in the capacity of Building Inspector, to order the removal or discontinuance of any unauthorized alterations of an approved conditional use and the elimination, removal, or discontinuance of any violation of a condition imposed prior to or after approval or violation of any other provision of this chapter.
Upon written complaint by any citizen or official, the Plan Commission shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of one or more of the standards set forth in this section, a condition of approval, or other requirement imposed thereunder. Upon reaching a positive initial determination, a public hearing shall be held upon notice as provided above. Any person may appear at such hearing and testify in person or be represented by an agent or attorney. Following said public hearing the Plan Commission shall make a recommendation to the Village Board regarding modification of the conditional use permit.
The Village Board, following recommendation of the Plan Commission, may impose modifications of conditions upon such use or may impose additional reasonable conditions. In the event that no reasonable modification of such conditional use can be made in order to assure that the requirements of the Village will be met, the Village Board may revoke the subject conditional approval and direct the Village Administrator or designee, acting in the capacity of Building Inspector, and the Village Attorney to seek elimination of the subject use.