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 criteria. Furthermore, the Planning Commission shall review the particular facts and circumstances of each proposed use shall not approve the permit unless the following conditions and standards are complied with as set forth for the following districts.
(A) Residential Districts and the Public/Open Space District.
(1) The proposed use shall be properly located in relation to the Comprehensive Plan or other adopted land use plans for the area, particularly to the secondary and local streets and pedestrian circulation;
(2) When located on a local street the proposed use will generate the least possible traffic through a residential neighborhood and shall contain vehicular approaches to the property, so designed as not to create interference with traffic on surrounding public thoroughfares;
(3) The proposed use is necessary to serve the surrounding residential areas which cannot be served satisfactorily if the same use is located in a nearby less restrictive district where it may be permitted by right;
(4) The location, design and operation of such use will not discourage the appropriate development or impair the value of the surrounding residential district;
(5) The proposed use 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;
(6) The proposed use 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 the use will not change the essential character of the same area; and
(7) For temporary structures every conditional use permit shall be reviewed every six months and may be renewed only while the construction operations are pursued diligently.
(B) Business and Industrial Districts.
(1) The proposed use shall be necessary to serve the community needs and existing similar facilities located in a less restrictive, or more remote district in which the use may be permitted by right, are inadequate;
(2) The proposed use shall be no closer than appropriate in the particular situation to schools, churches and other places of assembly;
(3) The location, extent and intensity of the proposed use shall be such that its operation will not be objectionable to nearby dwellings by reason of noise, smoke, dust, odors, fumes, vibrations or glare than is normal or is permitted by the performance standards of the district;
(4) The proposed use may be permitted in a more restrictive district than in which it is permitted by right only because of its limited extent, modern equipment and processes;
(5) The hours of operation and concentration of vehicles in connection with the proposed use will not be more hazardous or dangerous than the normal traffic of the district;
(6) The proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares;
(7) The proposed use will not be hazardous or disturbing to existing or future neighboring uses; and
(8) The proposed use 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.
(C) Electronic Message Center Signs.
(1) The location, extent and intensity of the proposed sign shall be such that its operation will not be objectionable to nearby residential dwellings by reason of light, glare, intensity or brilliance than is normal for the standards of the zoning district;
(2) The proposed use will not be hazardous or disturbing to existing residential uses; impair the vision of the drivers of motor vehicles or interfere with the effectiveness of an official traffic sign, device or signal;
(3) All signs must be equipped with a means to immediately turn off the display or lighting if it malfunctions, and the sign owner or operator must immediately turn off the sign when notified to do so by the village if a malfunctioning sign does not turn off automatically;
(4) The Planning Commission may permit a larger pole or ground sign in commercial zoning districts only, if the applicant agrees to consolidate multiple or nonconforming signs into a single sign; but in no case can any sign be greater than 150% of the size of a pole or ground sign permitted by right in any commercial zoning district. The Planning Commission may also require additional setbacks from rights-of-way, residential zoning districts or property lines to accommodate larger signage.
(D) Safeguards and conditions. In addition to complying with the general standards set forth in this section, conditions appropriate to each particular application may also be set forth in the permit.
(Ord. 2023-03, passed 2-27-2023)