The applicant must submit and the planning and zoning commission shall use the following criteria when determining approval or nonapproval of conditional use permits:
A. Proof Of Right:
1. Legal description of the property;
2. Proof of ownership, or when the applicant is not the owner of the property, proof of legal right to apply for the permit.
B. Support Documentation: The following items must be submitted along with the completed conditional use permit application:
1. A site and development plan consisting of a scaled drawing or map of the property showing the location of existing and proposed streets, driveways, parking and loading sites, pedestrian walks, structures, drainage improvements, landscaped areas, utility easements and setbacks;
2. A traffic impact analysis describing potential traffic flows (average daily traffic) and the impact of that traffic on the transportation system;
3. An evaluation of the existing infrastructures' capacities to serve the use's needs for potable water, liquid waste disposal, and solid waste disposal;
4. The impact of the proposed use on surrounding properties including the compatibility of the proposed use with the comprehensive plan of the village and the compatibility of the proposed use with the official zoning map of the village;
5. The appropriate application fee.
C. Payment Of Analysis And Development Costs, Bonding And Permits: The following conditions apply to all conditional use permits:
1. All infrastructure analysis shall be undertaken and paid for by the applicant.
2. Prior to a conditional use permit taking affect, the developer shall bond or construct any and all improvements to existing infrastructure systems which are required to bring those systems up to the capacity required by the proposed development.
3. All necessary state and local permits must be approved prior to a conditional use permit becoming effective.
D. Approval Or Denial: The following conditions shall be cause for denial of a conditional use permit:
1. Lack of legal right by the applicant to use the property as requested;
2. Inconsistency of the site plan with the requirements of this title;
3. Insufficiency of infrastructure to handle the impacts of the proposed use, and inability of the applicant to improve the infrastructure to the level of service required to serve the proposed use;
4. Inconsistency of the proposed use with the official zoning map or comprehensive plan of the village;
5. Failure of the applicant to obtain required permits;
6. Conditions associated with the proposed conditional use permit which would negatively impact the health, safety or general welfare of the residents of the village.
E. Nontransferability: Conditional use permits are site specific approvals. A conditional use permit may not be transferred from one location to another location. If the owner or agent of a conditional use permit business wishes to move the business, the owner or agent must apply for a new permit for the proposed new location.
F. Voting On Conditional Use Permits: An affirmative vote of a majority of the members of the planning and zoning commission is required for the commission to approve a conditional use permit.
G. Revocation Of Conditional Use Permits: Failure of the applicant to abide with the terms of the conditional use permit or of this title, or the use of fraud or misrepresentation in gaining a conditional use permit, shall be cause for immediate revocation of the permit. (Ord. 256 art. II § 7, 1993)