(a) Filing of Application. Two (2) copies of a completed application shall be filed with the Community Development Coordinator at least fifteen (15) days prior to a regularly scheduled meeting of the Planning and Zoning Board. Prior to accepting such application, the Community Development Coordinator shall review the submittal and determine whether such application is complete and meets all submittal requirements. Failure to submit a complete application and application fee, as determined by the Community Development Coordinator, shall result in a refusal of acceptance.
(b) Planning and Zoning Meeting. The Planning and Zoning Board shall hold a public hearing on a Conditional Use Application. The applicant must attend this hearing. At least ten (10) days before the hearing date, written notice of the meeting shall be given to the applicant and all property owners within 200 feet of the property in question.
(c) Approval. The Planning and Zoning Board shall approve an application for a Conditional Use if the following conditions are met:
(1) Is in fact a conditional use as established under the provisions of this Code for the specific zoning district of the parcel(s) listed on the application.
(2) Will be harmonious with and in accordance with the general objectives, or with any specific objective of the Village and/or this Code.
(3) Will be designed, constructed, operated, and maintained so as to be harmonious in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.
(4) Will not be hazardous or disturbing to existing or future neighboring uses.
(5) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.
(6) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
(7) Will not involve uses, activities, processes, materials, equipment and conditions of operations that will be detrimental to any persons, property, or the general welfare, including but not limited to excessive production of traffic, noise, smoke, fumes, glare, odor, potential for explosion, and air or water pollution.
(8) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares.
(9) Will not result in destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
(d) Approval with conditions. The Planning and Zoning Board may approve with conditions an application for a Conditional Use, if the proposed use is a Conditional Use of the Zoning District and the applicable Development Standards are met, but the Board believes, in its sole discretion, conditions are necessary and required:
(1) To be in accord with appropriate plan for the area.
(2) To prevent undesirable effects on adjacent property and the surrounding area.
(e) Findings of Fact. The Board's determination in acting on a requested conditional use shall be accompanied by findings of fact and a statement of the reasons for the decision reached.
(Ord. 19-20. Passed 11-4-20.)