(A) Purpose. The formulation and enactment of a comprehensive ordinance is based on the division of the entire village into districts in each of which are permitted specified uses that are mutually compatible. In addition to the permitted, compatible uses, however, it is recognized that there are other uses which it may be necessary or desirable to allow in a given district but which on account of their potential influence upon neighboring uses or public facilities need to be carefully regulated with respect to location or operation for the protection of the community. Those uses are classified in this chapter as “conditional permitted uses” and fall into two categories:
(1) Uses either municipally operated or operated by publicly regulated utilities, or uses traditionally affected by public interest; or
(2) Uses entirely private in character which, on account of their peculiar locational need, the nature of the service they offer to the public, and their possible damaging influence on the neighborhood, may have to be established in a district or districts in which they cannot reasonably be allowed as an unrestricted permitted use under the zoning regulation.
(B) Initiation. Conditional permitted uses may be proposed by the Village Council and by any person, firm or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase, or any exclusive possessory interest which is specifically enforceable on the land which is described in the application for a conditional permitted use.
(C) Processing.
(1) An application for a conditional permitted use shall be filed with the Village Clerk and thereafter entered into the records of the first meeting thereafter of the Village Council.
(2) A copy of the application shall thereafter be forwarded by the Village Clerk to the Planning and Zoning Board with a request to hold a public hearing and submit to the Board of Trustees a report of its findings and recommendations. These public hearing shall be held upon the notice that shall be required by Illinois Statutes.
(D) Decisions.
(1) The Village Council upon report of the Planning and Zoning Board and without further public hearing, may grant or deny any proposed conditional permitted use in accordance with applicable Illinois Statutes, or may refer it back to the Planning and Zoning Board for further consideration.
(2) In case a written protest against any proposed conditional permitted use signed and acknowledged by owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across the alley therefrom, or by owners of 20% of the frontage directly opposite the frontage to be altered, is filed with the Village Clerk, the conditional permitted use cannot be passed except on the favorable vote of two- thirds of all members of the Village Council.
(3) The Village Council and the Planning and Zoning Board shall consider the following factors when presented with a proposed conditional permitted use hereunder:
(a) Compatibility with other uses existing in the neighborhood or zone;
(b) Existence of similar uses in the neighborhood or zone;
(c) Compliance with applicable standards of the zone, including but not limited to parking, yards, setbacks, frontage area and the like; and
(d) Other relevant facts peculiar to the property in question.
(Ord. passed 1-12-1976, § XIII-J; Ord. G-125, passed 1-27-1992; Ord. G-136, passed 4-24-1995)