§ 22.242 CONDITIONAL USE WAIVER FOR OUTDOOR STORAGE.
   (A)   The conditional use requirement for outdoor storage may be waived administratively if said use:
      (1)   Is associated with a permitted use in the C-3 and I-1 districts;
      (2)   Does not exceed a maximum area of 5,000 square feet;
      (3)   Is located only in the required rear or side yard and is not adjacent to property that is zoned residential;
      (4)   Is fully enclosed by a solid fence that is at least six feet tall.
   (B)   The petitioner shall submit detailed plans and application to the Community and Economic Development Department for an administrative review to determine if the conditional use public hearing can be waived. Applicant shall comply with application review criteria established by the Department. After review by the Community and Economic Development Department, the village reserves the right to add other restrictions if there are impacts to surrounding property owners.
(Ord. 15-O-26, passed 6-25-2015; Ord. 19-O-20, passed 9-17-2019)
   Table 31: Approval Criteria for Conditional Uses
In recommending approval or conditional approval of a conditional use, the Planning and Zoning Commission shall transmit to the President and Board of Trustees written findings of fact that on the bases of the characteristics cited under review of conditional uses herein, or changes to such characteristics that the Planning and Zoning Commission recommends, the proposed use will be compatible with existing uses in the area, and with permitted uses in the zoning district, in the ways specified below. The President and Board of Trustees shall not be bound by the recommendation of the Planning and Zoning Commission. However, in granting approval or conditional approval, the President and Board of Trustees shall find that the proposed use will be compatible with such uses in the following ways:
1.   Traffic. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized.
2.   Environmental nuisance. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled.
3.   Neighborhood character. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environment quality, property values or neighborhood character already existing in the area or normally associated with permitted uses in the district.
4.   Public services and facilities. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area.
5.   Public safety and health. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity.
6.   Other factors. The proposed use is in harmony with any other elements of compatibility pertinent in the judgment of the President and Board of Trustees to the particular conditional use or its particular location.
(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014)