A. Purpose: The formulation and enactment of a comprehensive ordinance is based on the division of the entire village into districts in each of which are permitted specified uses that are mutually compatible. In addition to such permitted, compatible uses, however, it is recognized that there are other uses which it may be necessary or desirable to allow in a given district but which, on account of their potential influence upon neighboring uses or public facilities, need to be carefully regulated with respect to location or operation for the protection of the community. Such uses are classified in this title as "conditional permitted uses" and fall into two (2) categories:
1. Uses either municipally operated or operated by publicly regulated utilities, or uses traditionally affected by public interest;
2. Uses entirely private in character which, on account of their peculiar locational need, the nature of the service they offer to the public, and their possible damaging influence on the neighborhood, may have to be established in a district or districts in which they cannot reasonably be allowed as an unrestricted permitted use under the zoning regulations. (Ord., 5-15-1974)
B. Initiation: Conditional permitted uses may be proposed by the Board of Trustees, Planning and Zoning Commission and by any person having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase or any exclusive possessory interest which is specifically enforceable on the land which is described in the application for a conditional permitted use. (Ord., 5-15-1974; amd. Ord. 1993-12, 8-24-1993)
C. Application For Conditional Permitted Use And Notice Of Hearing: An application for a conditional permitted use shall be filed with the Village Clerk, who shall forward a copy of the same to the Planning and Zoning Commission and the Village Board of Trustees without delay. The application shall contain such information as the Planning and Zoning Commission may from time to time by rule provide. No application shall be considered complete until all exhibits called for in the application have been filed, and the filing fee paid. No more than ninety (90) days after the filing of such application, a hearing shall be held on the application, except that if the application is not complete at least twenty (20) days prior to the scheduled hearing, the hearing shall be continued over to another scheduled meeting. Notice of such hearing shall be published at least once, not more than thirty (30) days nor less than fifteen (15) days before the hearing in a newspaper of general circulation within the Village. The published notice may be supplemented by such additional form of notice as the Planning and Zoning Commission may by rule provide. The filing fee for the application shall be in the amount of five hundred dollars ($500.00), and shall be paid at the time an application for conditional permitted use is filed. The filing fee, once paid, is nonrefundable. (Ord. 1994-4, 1-11-1994)
D. Decisions:
1. The Board of Trustees, upon report of the Planning and Zoning Commission and without further public hearing, may grant or deny any proposed conditional permitted use in accordance with applicable Illinois statutes, or may refer it back to the Planning and Zoning Commission for further consideration. (Ord., 5-15-1974; amd. Ord. 1993-12, 8-24-1993)
2. In case a written protest against any proposed conditional permitted use signed and acknowledged by owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across the alley therefrom, or by owners of twenty percent (20%) of the frontage directly opposite the frontage to be altered, is filed with the Village Clerk, the conditional permitted use cannot be passed except on the favorable vote of two-thirds (2/3) of all members of the Board of Trustees. (Ord., 5-15-1974)
E. Effective Period: No conditional use permit shall be valid for a period longer than one year from the date it is granted, unless a building permit or certificate of occupancy is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period. The Board may grant one extension of this period, valid for no more than one hundred eighty (180) additional days, upon written application to the Board for the request for extension to be placed on a Village Board agenda for action and good cause shown by the applicant. No notice or hearing is required for the granting of such an extension. If any conditional use is abandoned or discontinued for a continuous period of one year, the conditional use permit for such use shall become void, and such use shall not thereafter be reestablished unless a new conditional use permit is obtained. (Ord. 1997-08, 5-27-1997)