(a) When an application for a Conditional Use Permit has been deemed complete and filed in proper form with the Zoning Inspector, the Zoning Inspector shall forward such application and all supporting documents to the Planning Commission. The Planning Commission shall immediately place the application upon the calendar for hearing and shall cause notice to be given, as set forth herein, stating the time, place and subject of the hearing. Notice of the hearing shall given by written notice sent by first class mail at least ten (10) days prior to the date of the scheduled hearing to the applicant and the owners of all property contiguous to and directly across the street from the property for which a Conditional Use Permit has been requested. Written notice of the time, place, and subject of the hearing shall also be published at least once in a publication of general circulation a minimum of ten (10) days prior to said hearing date. The Planning Commission may, at its discretion, but is not required to, send out additional notices to other persons or entities to further publicize said hearing. The Commission may recess such hearing from time to time and, if the time and place of the continued public hearing is publicly announced at the time of such recess, no further notice of the continued hearing shall be required. A notice of “Final Action” shall be served by first class mail to the applicant at the address specified in the application regarding the decision of the Planning Commission upon such application.
(b) The Planning Commission shall approve, modify, or deny the Conditional Use Permit within sixty (60) days of the date that the application first appears on its agenda. In cases where the Commission requests a report from a consultant, such time may be extended by mutual consent of the Commission and the applicant.
(c) Prior to the granting of any Conditional Use Permit, the Planning Commission may stipulate such conditions and restrictions upon the establishment, location, or construction, maintenance, and operation of the conditional use as it deems necessary for the protection of the public and to secure compliance with the standards and requirements specified in this Zoning Ordinance. In all cases in which conditional uses are granted, the Planning Commission shall require such evidence and guarantees as it may deem necessary to assure that the conditions stipulated in connection therewith are being and will be complied with.
(d) In approving a Conditional Use Permit, the Planning Commission, with due regard to the nature and state of all adjacent structures and uses in the district within which same is located, shall make written findings that the following are fulfilled:
(1) The use requested is listed among the conditional uses in the district for which application is made; or is similar in character to those listed in that district;
(2) The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor adversely affect the safety, health, morals, or welfare of the community or of the immediate neighbors of the property;
(3) The requested use is essential or desirable to the public convenience or welfare;
(4) The requested use will be in conformity with a land use plan;
(5) Adequate utilities, access roads, drainage, sanitation or other necessary facilities have been or are being provided;
(6) That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize the traffic congestion in the public streets; and
(7) That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located and preserve the purpose and intent of this Zoning Ordinance.
(e) No Conditional Use Permit or Zoning Permit shall be issued by the Zoning Inspector for fifteen (15) days after the Planning Commission's approval of a conditional use. Within those fifteen (15) days, an appeal may be filed to the Village Council by filing with the Village Clerk a written notice of appeal. The Clerk shall schedule the appeal for the next available Council meeting. The Conditional Use Permit shall not be granted until the resolution of the appeal. If no appeal is filed within fifteen (15) days of the Planning Commission's decision, that decision shall be final and a Conditional Use Permit shall be issued by the Zoning Inspector.
(f) If the Planning Commission denies an application for a Conditional Use Permit, the applicant shall have the right to appeal such decision to the Village Council by filing with the Village Clerk a written Notice of Appeal within fifteen (15) days of the Planning Commission's action. The Clerk shall schedule the appeal for the next available Council meeting. If no appeal is filed within fifteen (15) days, the Commission's decision shall be final.
(Ord. 98-12. Passed 4-7-98; Ord. 2011-46. Passed 2-1-11.)