Prior to the approval of a special land use application, the Planning Commission shall ensure that the standards specified in this section, as well as applicable standards established elsewhere in this chapter, shall be satisfied by the completion and operation of the special land use under consideration.
(A) The Planning Commission shall review the particular circumstances of the special land use request under consideration in terms of the following general standards, and shall approve a special land use only upon finding compliance with each of the following standards, as well as applicable standards established elsewhere in this chapter.
(1) The special land use shall be designed, constructed, operated, and maintained in a manner harmonious with the character of adjacent property.
(2) The special land use shall not impair the essential character of the surrounding area.
(3) The special land use shall not be hazardous to the adjacent property or involve uses, activities, materials, or equipment that will be detrimental to the health, safety, and welfare of persons.
(4) The special land use shall not place demands on public services and facilities in excess of current capacities.
(5) The special land use is in general agreement with the village’s land use plan.
(B) The Planning Commission may deny, approve, or approve with conditions requests for special land use approval. The Planning Commission may impose conditions with the approval of a special land use which are necessary to ensure compliance with the standards for approval stated in this section or any other applicable standards contained in this chapter. The decision on a special land use shall be incorporated in a statement of conclusions relative to the special land use under consideration. The statement of conclusions shall specify the basis for the decision, and any conditions imposed. The conditions shall be considered an integral part of the special land use and shall be enforced by the Zoning Administrator.
(C) Anything to the contrary notwithstanding, an application for special use under this subchapter which proposes special land use in accordance with the State Right to Farm Act and the accompanying generally-accepted agricultural and management practices, (GAAMPS) and the Planning Commission’s review of the same shall not result in a denial, so long as GAAMPS established by the State Department of Agriculture for that farming activity are followed and the activity proposed falls within the parameters within the State Right to Farm Act, as amended. The Planning Commission may impose conditions which are necessary to ensure compliance with the standards for approval as stated in this section and other standards contained in this chapter, so long as the same is not deemed a violation of the State Right to Farm Act.
(Prior Code, § 154.292) (Ord. 48, passed 6-21-2005; Ord. 49, passed 6-19-2007)