(a) General. Conditional use permits shall be required for certain uses as set forth in Chapters 1145 and 1149 because of their uncommon or unique characteristics, infrequency of occurrence, large area requirements, potential for nuisance, or for other reasons. Such uses shall not be permitted by right. Those conditional uses enumerated in Chapters 1145 and 1149 may be permitted under specific conditions in the district enumerated only if a determination is made that they conform to the standards provided herein; otherwise they shall be prohibited.
(b) Application. Application for a conditional use permit shall be made by the land owner or his agent to the Planning and Zoning Commission and shall be accompanied by such drawings, plans, and statements so as to fully describe in detail the proposed use to the extent that the Planning and Zoning Commission can have no doubt as to the proposed use, and can determine the effect upon surrounding properties, traffic, fire hazards, public utilities, drainage, and the public health, safety and welfare.
The Commission shall hold a public hearing on each such application and shall provide notice of the time and place of said hearing by:
(1) One publication in a newspaper of general circulation in the Village, or by posting of such notice in the five places within the Village provided for posting of ordinances and resolutions, which publication or posting shall be made at least seven days prior to the hearing;
(2) Written notice to the owners of property contiguous to and directly across the street from the property in question, which notice shall be either by hand delivery or by first class mail to the addresses of such owners as shown on the current tax list at least ten days prior to the hearing.
(c) Fee. Each application for a conditional use permit shall be accompanied by a fee in an amount as set forth in the official schedule of fees as adopted from time to time by Council.
(d) Standards for Evaluation. An application for a conditional use permit shall not be approved unless the Commission finds that the proposed use complies with the following standards:
(1) The use will form a harmonious part of the district wherein it is proposed to be located;
(2) The use will not generate undue additional traffic;
(3) The hours of operation are compatible with the other uses within the district;
(4) The location, design and operation of such use would not interfere with or discourage normal use, operation and enjoyment of permitted uses or impair the value of surrounding properties;
(5) The use will not change the character of the neighborhood;
(6) The use will not, as a result of its location or design, place a burden upon public safety forces;
(7) The use will not adversely affect the health or safety of persons residing in the neighborhood.
(e) Commission Action. The Planning and Zoning Commission shall make a determination based upon the information provided or such additional information as it may request. If an application for a conditional use permit is approved, the Commission may set forth any specific terms, stipulation, conditions, and safeguards in connection therewith as it may deem necessary to protect the public welfare, preserve the purpose and intent of this Ordinance, and protect the character of the district and the neighboring properties.
(f) Revocation of Permits. Any conditional use permit shall become null and void if the proposed use or construction of structures for said use have not begun within one year after approval by the Commission.
The Commission or Council may revoke a conditional use permit upon determination that the use does not comply with the terms and conditions of such permit or for violations of the provisions of this Ordinance.
(Ord. 3-89-05. Passed 3-1-89.)