(a) Regulation of Conditional Uses. The provisions of subsections (a) to (j) inclusive of this Zoning Ordinance apply to the location and maintenance of any and all conditional uses.
(b) Purpose. In recent years, the characteristics and impacts of an ever-increasing number of new and unique uses, together with the broadening of numerous conventional uses, have fostered the development of more flexible regulations designed to accommodate these activities in a reasonable and equitable manner, while safeguarding both the property rights of all individuals and the health, safety, and general welfare of the community. Towards these ends, it is recognized that this Zoning Ordinance should provide for more detailed evaluation of each use conditionally permissible in a specific district with respect to such considerations as location, design, size, method(s) of operation, intensity of use, public facilities requirements, and traffic generation. Accordingly, conditional use permits shall conform to the procedures and requirements of subsections (c) to (j) hereof.
(c) Contents of Conditional Use Permit Application. Any owner, or agent thereof, of property for which a conditional use is proposed shall make an application for a conditional use permit by filing it with the Zoning Commissioner, who shall within seven days, transmit it to the Board of Zoning Appeals. For purposes of this subsection, the applicant shall pay the necessary fees to the Fiscal Officer, and submit the completed form to either the Fiscal Officer or to the Zoning Inspector personally. An application which is submitted to the Fiscal Officer shall then be faxed or sent electronically to the Zoning Commissioner on receipt by the Fiscal Officer. Such application at a minimum shall contain the following information:
(1) Name, address and phone number of the applicant;
(2) Legal description of the property;
(3) Zoning district;
(4) Description of existing use;
(5) Description of proposed conditional use;
(6) A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, streets and traffic access, open spaces, refuse and service areas, utilities, signs, yards, landscaping features, and such other information as the Board of Zoning Appeals may require;
(7) A narrative statement discussing the compatibility of the proposed use with the existing uses of adjacent properties and with the comprehensive plan, to include an evaluation of the effects on adjoining properties of such elements as traffic circulation, noise, glare, odor, fumes, and vibration;
(8) A list containing the names and mailing addresses of all owners of property within five hundred feet of the property in question;
(9) A fee as established by ordinance;
(10) A narrative addressing each of the applicable criteria contained in subsection (d) hereof.
(d) General Standards For All Conditional Uses. In addition to the specific requirements for conditionally permitted uses, the Board shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:
(2) Will be in accordance with the general objectives, or with any specific objective, of the Village's comprehensive plan and/or the Zoning Ordinance;
(3) Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate 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 operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors;
(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 the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
(e) Specific Criteria For Conditional Uses. The following are specific conditional use criteria and requirements for those uses conditionally permitted in this Zoning Ordinance as provided for in Section 1104.10
(e). Nothing in this section shall prohibit the Board of Zoning Appeals from prescribing supplementary conditions and safeguards in addition to these requirements in accordance with Section 1104.07
(g).
(f) Procedure and Requirements to Determine That A Use Is Substantially Similar.
(1) Where a specific use is proposed that is not listed or provided for in this Zoning Ordinance, the Board of Zoning Appeals may make a determination, upon appeal, that the proposed use is substantially similar to a specific use that is listed or provided for in this Zoning Ordinance. If the Board finds that a use is substantially similar to a specific use listed in this Zoning Ordinance, the substantially similar use is deemed to be a substantially similar permitted use in those districts where the specific use is a permitted use, and a substantially similar conditional use in those districts where the specific use is a conditionally permitted use.
(2) In formulating a determination that a proposed use is a substantially similar use, the Board shall follow the procedures relating to appeals and variances as specified in Sections 1104.07 and 1104.08. Upon making a determination that a proposed use is substantially similar, the Board shall notify the Council of its decision and shall include in its written findings the reasoning upon which the decision is based. Unless the decision is rejected within thirty days of its receipt by the Council, such substantially similar use determination by the Board shall become effective.
(g) Remedy By Application For Amendment. If the Board of Zoning Appeals determines that a proposed use is not substantially similar, such determination shall not be appealed to the Council, but remedy may be sought by the appellant through the submission of an application for amendment as prescribed in Chapter 1105.
(h) Standards For Consideration Of Substantially Similar Uses. The following standards shall be considered by the Board when making a determination that a use is substantially similar to a permitted or a conditional use within a specific district:
(1) The compatibility of the proposed use with the general use classification system as specified in this Zoning Ordinance.
(2) The nature, predominant characteristics, and intensity of the proposed use in relation to those uses specified by this Zoning Ordinance as being permitted, or in the case of a conditional use, conditionally permitted, in that district.
(3) The size, dimensional requirements, parking requirements, traffic generation potential, and other regulatory considerations normally associated with uses as specified in this Zoning Ordinance.
(i) Effect of Determination That A Use Is Substantially Similar. Should a use be determined to be substantially similar to a specific permitted or conditionally permitted use provided for in this Zoning Ordinance, it shall then be permitted in the same manner under the same conditions and procedures as the use is permitted to which it has been found to be substantially similar.
(j) Record of Substantially Similar Uses. The Zoning Commissioner shall maintain as a public record a listing of all uses which have been determined to be substantially similar. For each such use the record shall include the use as listed in the Zoning Ordinance, the use unlisted in the Zoning Ordinance about which the determination of substantial similarity was made, and the dates of any actions thereupon by the Board of Zoning Appeals or the Council. This record shall also contain the same information for all uses which have been determined not to be substantially similar. The Zoning Commissioner shall consult this record in the process of issuing future permits.
(Ord. 2015-09. Passed 7-13-15.)