When a proposed use is permitted in a zoning district as a conditional use, as set forth in the district regulations, a Conditional Use Certificate is required and the application for such Conditional Use Certificate shall be submitted and reviewed according to the guidelines outlined in this Section.
(a) Pre-application Meeting Encouraged. The owner and/or agent of the owner is encouraged to meet with the Planning Commission prior to submitting an application for a Conditional Use Certificate. The purpose of this meeting is to discuss early and informally with the applicant the purpose and effect of these zoning regulations and the criteria and standards contained within. However, no action shall be taken at such a meeting and no discussions, opinion, suggestions, or recommendations shall be relied upon by the applicant to indicate subsequent approval or disapproval of the application.
(b) Submission of Application. The owner and/or agent thereof, of property for which such conditional use is proposed shall file with the Building Inspector an application for a Conditional Use Certificate accompanied by payment of the required fee. The application for a Conditional Use Certificate shall disclose all uses proposed for the development, their location, extent, and characteristics and shall include the information required below, unless specific items are determined by the Building Inspector to be inapplicable or unnecessary and are waived:
(1) Completed application form along with the application fee;
(2) Photographs of the subject property and adjacent properties;
(3) The names, addresses, and lot numbers of the owners of property contiguous to and directly across the street from the parcel or parcels of land proposed for a conditional use, as such addresses appear on the County Auditor's then current tax list or the County Treasurer's mailing list; and,
(4) A development plan and associated documents as required by sub-section 1127.17 (a).
(c) Conditional Use Application Procedures.
(1) Review for Completeness. After receiving an application for a Conditional Use Certificate, the Building Inspector shall review the submitted application for completeness, payment of fees, and compliance with the applicable submission requirements. If the application is deemed insufficient, the Building Inspector shall notify the applicant of the necessary changes or additional information needed. When the application is deemed complete and the application fee has been paid, the Building Inspector shall officially accept the application for consideration of the action(s) requested on the date such determination is made.
(2) Distribution of Plans. Once the Building Inspector determines that the application is complete, the Building Inspector shall forward the application to appropriate Village departments and professional consultants for review and comment. Any reports, comments, or expert opinions shall be returned to the Building Inspector.
(3) Transmission to the Planning Commission. The Building Inspector shall set the date for the public hearing mandated by sub-section 1129.07 (f) and distribute the application for Conditional Use Certificate and any reports prepared by the individuals in sub-section (c)(2) above to the Planning Commission.
(d) Review of Conditional Use Application. The Planning Commission shall review the proposed conditional use, as presented on the submitted plans and specifications and any testimony or representations presented to the Planning Commission, to determine whether or not the proposed use is appropriate and in keeping with the purpose and intent of this Planning and Zoning Code. The Planning Commission shall review the application for a conditional use as follows:
(1) The Planning Commission shall review the application to determine if the establishment and operation of the proposed use complies with the general criteria established for all conditional uses and the specific requirements established for that particular use, as set forth in sub-section 1129.07 (e) and Chapter 1177, Conditional Use Regulations, as well as any other applicable regulations in this Planning and Zoning Code;
(2) The Planning Commission shall review the development plan for the proposed conditional use according to the plan review criteria set forth in sub-section 1127.19, Criteria for Reviewing Preliminary Development Plans, as applicable; and,
(3) The Planning Commission may require the applicant to submit such additional information as deemed necessary including the carrying out of special studies and the provisions of expert advice. A deposit from the applicant may be required for such studies and advice.
(e) General Criteria for All Conditional Uses. A conditional use and uses accessory to such conditional use shall be permitted in a district only when specified as a conditional use in such district, and only if such use conforms to the following general criteria, which are in addition to specific conditions, standards and regulations set forth in Chapter 1177, Conditional Use Regulations. The Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following criteria and shall find adequate evidence that:
(1) The conditional use will be designed, constructed, operated and maintained so as to be harmonious and appropriate with the prevailing, existing, or intended character of the general vicinity;
(2) The establishment, maintenance, or operation of the conditional use will not endanger the public health, safety, or general welfare;
(3) The establishment of the conditional use in the proposed location will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district; and,
(4) The surrounding uses permitted by right will be minimally impacted in the future by the proposed conditional use.
When evaluating applications utilizing the above criteria, the Planning Commission should judge the appropriateness of the proposed conditional use based upon its anticipated impacts given the scope of the proposed use on the subject site understanding that the Village has already accepted impacts normally associated with such a conditional use when the use was listed as a conditional use in the zoning district. (Ord. 2012-21. Passed 7-11-12.)
(f) Public Hearing and Notice by the Planning Commission. The Planning Commission shall hold a public hearing on the proposed conditional use. Notice of such public hearing shall be given, by first class mail, to the applicant and to the property owners contiguous to and directly across the street from the parcel or parcels of land on which the use is proposed. Failure of delivery of such notice shall not invalidate action taken on such application. All notices shall be deposited in the U. S. mail at least ten (10) days before the date of said public hearing. All notices shall set forth the time and place of the public hearing, the nature of the proposed conditional use, and where additional information can be obtained. The Commission may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required.
(g) Action by the Planning Commission. The Planning Commission shall take one of the following actions:
(1) If the proposed conditional use is determined by the Planning Commission to be appropriate and in conformance with the review criteria outlined in Section 1129.07 (e) and the specific requirements in Chapter 1177, Conditional Use Regulations, the Planning Commission shall recommend approval of the Conditional Use Certificate to the Village Council. As part of the recommendation, the Planning Commission may prescribe reasonable requirements on the proposed use to ensure that the development conforms to the intent and purposes of the District and this Planning and Zoning Code. The Planning Commission may recommend approval of the application for a Conditional Use Certificate without approving the submitted preliminary development plan or may recommend conditioning such approval upon development plan approval pursuant to the requirements in Chapter 1127.
(2) If the proposed use is not found to comply with the specifications of this Planning and Zoning Code, the Planning Commission shall recommend denial of the application to the Village Council. The Planning Commission shall indicate in its minutes the reasons for its action.
(h) Action by Village Council. After the Planning Commission makes a recommendation regarding a proposed conditional use, the recommendation, along with the application, shall be submitted to Council.
(1) The purpose of Council's review shall be to confirm or deny the recommendation of the Planning Commission. In doing so, Council shall rely on the record of the Planning Commission. A public hearing shall not be required.
(2) Council shall act on the application according to the following:
A. Confirm the recommendation of the Planning Commission;
B. Refer the application for a Conditional Use Certificate back to the Planning Commission for further study and review;
C. Reverse the recommendation of the Planning Commission; or,
D. Amend the recommendation of the Planning Commission.
(i) Terms and Duration of Conditional Use Certificate. Following the Village Council's approval of an application for Conditional Use Certificate, the Building Inspector shall issue a Conditional Use Certificate.
(1) A Conditional Use Certificate shall authorize a particular conditional use on a specific parcel for which it was approved. A Conditional Use Certificate issued pursuant to this Chapter shall be valid only for the use and the operation of such use as specified on the Certificate. The breach of any condition, safeguard or requirement shall constitute a violation of this Planning and Zoning Code. Approval shall automatically be void if, for any reason, the conditional use shall cease for more than 180 days.
(2) The Conditional Use Certificate shall expire one (1) year from the date of enactment, unless:
A. The final development plan is approved for uses that require a final development plan;
B. Substantial progress in the establishment of the use is accomplished; or
C. As otherwise specifically approved by the Planning Commission.
(j) Re-application. The Building Inspector shall accept no re-application for a Conditional Use Certificate unless the re-application is based on a revised application that addresses the justification for the denial of the initial application. A re-application shall comply with all the requirements of this Chapter and the Planning and Zoning Code, including payment of the required application fee.
(k) Amendments to a Conditional Use Certificate. Procedures for the amendment of the Conditional Use Certificate shall be the same as for the original certificate application, with the exception that minor changes thereto, as determined by the Building Inspector, shall not require the resubmission of a new Conditional Use Certification application and may be approved by the Building Inspector. "Minor changes" to a Conditional Use Certificate shall include, but not be limited to, alterations or additions which do not increase the gross floor area of a building or the size of a structure by more than ten percent (10%) at the time of application for an amendment and which do not otherwise modify the basic use or physical characteristics of the site.
(Ord. 2012-21. Passed 7-11-12.)