(a) Purpose. The purpose of a conditional use procedure is to allow consideration for certain uses that due to their unique and special nature relative to location, design, size, operations, circulation, and general impact on the surrounding area, may be desirable and appropriate in the applicable zoning districts but need to be evaluated on an individual basis to ensure that potential adverse impacts of such uses are avoided or sufficiently mitigated.
(b) Applicability. This section shall apply to all applications for establishment of a conditional use as may be identified in this code.
(c) Conditional Use Review Procedure. The review procedure for a conditional use review shall be as follows:
(1) Step 1 - Pre-Application Meeting (Optional). An applicant may request a pre-application meeting with the Zoning Administrator or Planning Commission prior to applying for a conditional use to informally discuss the application and any concept plans. Such meeting shall be subject to Section 1103.06(d)(1).
(2) Step 2 - Application. The applicant shall submit an application in accordance with Section 1103.06: Common Review Requirements, and with the provisions of this section.
(3) Step 4 - Planning Commission Review and Decision.
A. The Planning Commission shall hold a public hearing on the conditional use permit application at its next regularly scheduled meeting, or at a special meeting, after the application is determined to be complete. Such hearing shall be required to take placed within 45 days from when the public hearing notice is published.
C. See Section 1103.06(d)(3) for special provisions provided to the Planning Commission as part of a conditional use permit review.
D. In reviewing the application, the Planning Commission shall at a minimum, consider the review considerations of this section.
E. Within ninety (90) days of the close of the public hearing, the Planning Commission shall make a decision on the application. In making its decision, the Planning Commission may approve, approve with modifications or supplementary conditions, or deny the application. The Planning Commission may extend this deadline with written agreement from the applicant.
F. If the Planning Commission fails to make a decision within the ninety (90) days, or an extended timeframe approved by the applicant, the application shall be deemed denied.
(d) Review Considerations. Decisions on a conditional use application may be based on consideration of the following review considerations. All conditional uses shall be subject to review under the considerations of this section, as applicable, and may be subject to additional use-specific standards.
(1) The proposed conditional use is established as an allowed conditional use in the applicable zoning district;
(2) The proposed use is consistent with the spirit, purpose and intent of plans and policies approved or adopted by the Village, the general purpose of this code, and the purpose of the zoning district in which the conditional use will be located;
(3) The proposed use complies with any use-specific standards as may be established for the use;
(4) The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety or general welfare;
(5) The proposed use will comply with all applicable development standards;
(6) The proposed use will be harmonious with the existing or intended character of the general vicinity, and such use will not change the essential character of the same area;
(7) The conditional use will not be hazardous or disturbing to the existing and future use and enjoyment of property in the immediate vicinity for the uses permitted, nor substantially diminish or impair property values within the neighborhood;
(8) The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any person, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, light, glare, or odors;
(9) Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;
(10) Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the surrounding public streets; and considering the proximity of access drives to street intersections relative to the anticipated volume of traffic.
(11) The design of the buildings, structures, and site will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance;
(12) The establishment of the conditional use will not be detrimental to the economic welfare of the community, nor shall it create excessive additional requirements at public cost for public utilities or facilities such as police, fire, and schools;
(13) There is minimal potential for future hardship on the conditional use that could result from the proposed use being surrounded by uses permitted by right that may be incompatible; and
(14) Wherever no specific areas, frontage, height, or setback requirements are specified for a specific conditional use, then such use shall comply with the lot and site regulations for the applicable zoning district.
(e) Additional Conditions, Guarantees, and Safeguards. The Planning Commission may impose such conditions, guarantees, and safeguards as it deems necessary to protect the general welfare and individual property rights, and to ensure that the conditional use will meet the intent and purposes of this code.
(f) Revocation of a Conditional Use Approval.
(1) Whenever an approved conditional use is found in violation of any condition, safeguard, or requirement applicable to its approval, the Zoning Administrator shall give notice in the same manner as service of summons in civil cases, or by certified mail to the address of the owner of record at the premises to the address where tax bills are delivered.
(2) Such notice shall include the reasons the Zoning Administrator finds the conditional use to be in violation of its approval and a statement that the owner shall have thirty (30) days to comply with the conditions, safeguards, or requirements applicable to the conditional use permit approval.
(3) Upon failure of the owner to comply with the notice, the Zoning Administrator shall notify the Planning Commission of such violations and the stated reasons for the noted violations.
(4) The Planning Commission shall review the alleged violations of the subject conditional use at their next regularly scheduled meetings and make a decision whether to allow for the continuance of the conditional use approval or to revoke the conditional use approval. If the Planning Commission decides to revoke the approval, such revocation shall be immediate and the conditional use shall cease operation.
(g) Time Limit.
(1) A conditional use approval shall be deemed to authorize only one particular conditional use and said permit shall automatically expire if, for any reason, the conditional use shall cease for more than six (6) months.
(2) An approved conditional use permit shall expire after one year unless the applicant submits a completed application for a zoning certificate.
(3) Upon expiration of a conditional use permit approval, a new application, including all applicable fees, shall be required before a conditional use application will be reviewed.
(4) Upon written request, one extension of up to one year may be granted by the Zoning Administrator if the applicant can show good cause for a delay.
(5) As part of the conditional use permit approval, the Planning Commission may authorize alternative time limits for zoning certificate issuance based on the scale of the proposed development.
(h) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Planning Commission in respect to the conditional use permit shall have the right to appeal the decision to Village Council in accordance with Section 1103.15: Appeals to Village Council. (Ord. 2023-16. Passed 6-5-23.)