§ 154.051 PROCEDURES FOR PROVISIONAL USES.
   (A)   Submittal requirements for provisional use and special use approval. No use indicated as a provisional use shall receive zoning approval without first submitting to the Zoning Administrator the following items for site plan review.
      (1)   Application for site plan approval on village forms. The application must demonstrate that the proposed use is conducive to the public convenience at that location, that the proposed use is designed, located, and proposed to be operated so that it will not be unreasonably injurious or detrimental to the district in which it shall be located, or otherwise injurious or detrimental to the public welfare, and that the proposed use conforms to the applicable regulations and standards of the district in which it shall be located, including any regulations required in § 154.052.
      (2)   A site plan meeting the requirements of this section.
      (3)   An application fee, as determined from time to time by the Village Board of Trustees.
   (B)   Site plan requirements. Each application for site plan approval for a provisional use shall be accompanied by a site and landscape plan which shall not exceed 24 by 36 inches in size and shall be drawn to a scale no greater than 100 feet to the inch. Said site plan shall, if appropriate, include the following information:
      (1)   The location, dimension, material, and configuration of all buildings, structures and other improvements.
      (2)   The location and extent of all usable open space, and the proposed use of open space.
      (3)   The location, access and other dimensions of proposed off street parking facilities and the number and configuration of spaces to be provided.
      (4)   The location, dimensions and materials of sidewalks, driveways and other impervious surfaces.
      (5)   A landscaping plan, in accordance with §§ 154.210 through 154.214.
      (6)   The location of all property lines, utilities and related easements, including electric lines, storm drainage, sanitary sewers, and water services.
      (7)   An architectural drawing detailing all buildings and structures to depict height.
      (8)   The lot size in square feet and the dimensions thereof, and the location and extent of required setbacks and yards.
      (9)   The number and type of dwelling units proposed.
      (10)   The land uses surrounding the lot(s) for which the site plan approval is being sought.
      (11)   The date, north arrow, scale, and name of the development, with the permanent parcel number and a legal description for the property.
   (C)   Site plan review. The Zoning Administrator shall receive the site plan and arrange a meeting of the Planning and Zoning Board to determine if the proposed building, structure, or land improvement complies with the provisional use standards established in this subchapter. The Planning and Zoning Board shall determine whether the documentation presented justifies the granting of a provisional use permit and whether the proposed use will be in harmony with the general purpose and intent of this chapter. The Planning and Zoning Board shall forward its determination and recommendation to the Village Board of Trustees which shall then approve, approve with amendment, or deny the granting of the provisional use permit.
   (D)   Site plan recommendation or denial.
      (1)   The Planning and Zoning Board shall recommend or deny the requested provisional use permit, and may also impose such additional conditions and requirements as are appropriate or necessary for the public health, welfare, and safety, and to carry out the purpose of this chapter, including but not limited to the following:
         (a)   Regulate the location, extent, and intensity of such use;
         (b)   Require the screening of such uses by means of fences, walls or vegetation;
         (c)   Stipulate required minimum lot size;
         (d)   Stipulate vehicular access and volume;
         (e)   Require conformance to health, safety, and sanitation requirements as necessary;
         (f)   Increase the required yards;
         (g)   Any other conditions deemed necessary to effect the purposes of this chapter.
      (2)   Upon the determination that all the criteria have been met, the Planning and Zoning Board shall approve the site plan. Zoning approval shall be granted in accordance with §§ 154.245 through 154.253. A provisional use permit is subject to all the developmental standards applicable to permitted uses in the district in which it is located, unless otherwise stated in the permit. Additionally, provisional uses are also subject to the standards specified in each use district section, if applicable. The Planning and Zoning Board may attach conditions to the approval in accordance with this subchapter.
      (3)   If the proposed use does not conform to any one or more of the general standards or the specific requirements of this chapter, the Planning and Zoning Board shall so find and disapprove the site plan. The notification shall be in writing and shall address the relevant and applicable standards that caused the site plan to be denied.
      (4)   If a site plan is disapproved, the applicant shall be given the opportunity to resubmit the site plan with modifications to specifically address the concerns of the Planning and Zoning Board. Such modifications shall constitute a new application.
      (5)   The notification of the findings of the Planning and Zoning Board shall be within 30 days after the date a complete application for site plan approval is received. Said recommendation shall be forwarded to the Village Board of Trustees in accord with § 154.277(C).
   (E)   Appeals to the site plan for provisional use review. The decision of the Planning and Zoning Board to disapprove or attach conditions to any site plan, may be appealed to the Village Board of Trustees.
   (F)   Amendments to the site plan or conditions for provisional use. The procedure for amendment of a site plan already approved or for a request for a change of conditions attached to the approval of a provisional use, shall be the same as for a new application for provisional use approval.
(Ord. 2020-O-3, passed 2-18-2020)