The applicant shall provide and the planning and zoning commission shall use the following criteria when reviewing temporary use permits in the C-1 and M-1 zoning districts. The following items must be submitted along with the completed temporary use permit application:
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 reports must accompany the completed temporary 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 vehicular access and circulation; parking and loading sites; pedestrian walks; temporary and permanent structures; location of portable toilets; location of trash receptacles; drainage improvements; location of all mechanical and electrical machinery;
2. A traffic impact analysis describing potential traffic flows (average daily traffic) and the impact of that traffic on the transportation system, including proof of capacity to serve the use's potential traffic flows, including off site traffic management;
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, compatibility of the proposed use with the official zoning map of the village, and compatibility with the development requirements of this title;
5. The appropriate application fee;
6. All required liability and cleanup bonds.
C. Payment Of Analysis And Development Costs, Bonding And Permits: The following conditions apply to all temporary use permits:
1. All infrastructure analysis shall be undertaken and paid for by the applicant.
2. Prior to a temporary 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 temporary use permit becoming effective.
D. Voting On Temporary Use Permits: An affirmative vote of a majority of the planning and zoning commission is required for the commission to approve a temporary use permit.
E. Approval Or Denial: The following conditions shall be cause for denial of a temporary 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 capacity 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 this title, the zoning map or comprehensive plan of the village;
5. Failure of the applicant to provide required permits, bonding, or the required indemnification and hold harmless agreement.
F. Nontransferability: Temporary 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 temporary use permit business wishes to move the business, the owner or agent must apply for a new permit for the proposed new location.
G. Time Limitations:
1. A temporary use permit may be approved for a period up to but not to exceed ninety (90) consecutive days.
2. Additional temporary use permits may not be issued for uses occurring on the same parcel of land within thirty (30) days of the conclusion of any temporary use permit.
3. Hours of operation of temporary use permits shall be established by the planning and zoning commission to promote the public's health, safety and welfare.
H. Requirements Prior To Issuance Of Temporary Use Permits:
1. Prior to a temporary 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 use.
2. Liability bonding of a minimum of five hundred thousand dollars ($500,000.00) shall be required prior to the issuance of temporary use permits.
3. All necessary state and local permits, including a village business registration when required, must be approved prior to a temporary use permit becoming effective.
4. The applicant must execute an indemnification and hold harmless agreement approved as to form by the attorney for the village and sufficient to protect the village from claims arising from the conduct of the event.
5. A clean up bond in the amount determined by the planning and zoning commission to insure that each site occupied by a temporary use will be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the temporary use.
I. Revocation Of Temporary Use Permits: Failure of the applicant to abide with the terms of the temporary use permit or of this title, or the use of fraud or misrepresentation in obtaining a temporary use shall be cause for immediate revocation of the permit. (Ord. 256 art. II § 8, 1993)