A. Authority: The development and execution of this title is based upon the division of the Village into zoning districts, within which districts the use of buildings, structures and land and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon adjacent land and of the public need for the particular use in the particular location. The Village Board, after receiving a report from the Planning and Zoning Commission containing its findings and recommendations, may allow a conditional use in a particular zoning district or districts.
B. Standards For Conditional Uses: The Planning and Zoning Commission shall not recommend nor shall the Village Board grant a conditional use in a particular zoning district or districts unless they shall make findings based upon the evidence presented to them in each specific case that:
1. The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety and general welfare; and
2. The conditional use will not be injurious to the use and enjoyment of other property in the immediate area for the purposes already permitted nor substantially diminish and impair property values within the neighborhood; and
3. The establishment of the conditional use will not impede the normal and orderly development and improvement of the adjacent property for uses permitted in the district.
C. Procedure For Conditional Uses: An application for a conditional use shall be processed in accordance with the provisions of section 10-12-5 of this chapter.
D. Initiation Of Conditional Use: A conditional use may be proposed by a person being the owner, lessee or contract purchaser of the subject property.
E. Decision Of The Village Board: After recommendation by the Planning and Zoning Commission, the Village Board may, by ordinance, grant, or grant with modification, the conditional use. If the Village Board does not approve of a conditional use after recommendation by the Planning and Zoning Commission, it may deny the conditional use or refer the conditional use back to the Planning and Zoning Commission for further consideration. If the Village Board does not concur with the recommendation of the Planning and Zoning Commission to deny, the favorable vote of four (4) members of the Village Board shall be necessary to pass an ordinance granting the conditional use.
F. Conditions And Restrictions: The Planning and Zoning Commission may recommend and the Village Board may impose conditions and restrictions upon the premises benefited by a conditional use as may be necessary to comply with the standards set forth in this section.
If a time limit is set forth by which conditions and restrictions must be completed, they shall be so completed in the time specified. If no such time limit is specified, then the conditions and restrictions shall be completed within a reasonable amount of time. The applicant shall be obliged to fulfill and maintain all conditions and restrictions for as long as the conditional use is utilized or in effect. Such conditions and restrictions shall be reasonably conceived to fulfill public needs emanating from the proposed land use.
Changes or alterations of conditions and restrictions shall be processed in the manner set forth in this section for conditional uses.
G. Effective Period Of A Conditional Use: The granting of a conditional use shall be authorized for only one specific conditional use.
No conditional use shall be valid for a period longer than one year from the date of the ordinance granting the conditional use, unless a building permit is obtained within such period and the erection or alteration of a building or structure is started or the use is commenced within such period. If the conditional use is not utilized for a continuous period of one year, said conditional use shall, to the extent of such nonutilization, become void. Upon voiding of the conditional use, the parcel of land shall conform to the permitted uses and other regulations of the zoning district in which it is located, unless an amendment or other conditional use is applied for and granted. This section shall be applicable to all conditional uses except planned unit developments for which the provisions of chapter 11 of this title shall apply. (Ord. 17-1864, 11-14-2017)