A. Conditional Use Permits: Except for specific procedures established in Section 10-5-5 of this Title, the following procedures shall be used in issuing all conditional use permits:
1. Public Hearing: Upon application, the Zoning Board shall schedule a public hearing after giving fifteen (15) days' notice as provided by law.
2. Recommendations: The Zoning Board may recommend approval or disapproval of the petition and may recommend that conditions be imposed consistent with the standards of Section 10-5-5 of this Title.
3. Issuance Of Permit: Upon receipt of the report and recommendation by the Zoning Board, the Village Board shall either approve or disapprove the application, and where approved shall establish the specific conditions under which the application is approved. If the Village Board approves the application, the Zoning Officer shall issue the conditional use permit subject to all applicable rules, regulations and conditions.
4. Validity Of Plans: All approved plans, conditions, restrictions and rules made a part of the conditional use permit shall constitute certification on the part of the applicant that the proposed use shall conform to such regulations at all times.
5. Time Limit And Notification: All applications for conditional use permits shall be decided within sixty (60) days of the date of the public hearing and the applicant shall be provided with either a conditional use permit or written notice of the denial.
B. Variations: It is the intent of this Title to use the variation only to modify the application of this Title to achieve a parity among properties similarly located and classified. Specifically, it is to be used to overcome some exceptional physical condition which poses practical difficulty or unnecessary hardship in such a way as to prevent an owner from using his property as intended by this Title.
1. Application: After denial of a building permit by the Zoning Officer, a property owner may apply to the Zoning Board for a variation, using forms obtainable from the Zoning Officer.
2. Public Hearing: Upon receipt of an application and fee, the Zoning Board shall hold a public hearing after giving fifteen (15) days' notice as provided by law. The Zoning Board shall consider and make recommendations to the Village Board on all applications for variations within thirty (30) days of such public hearing. The Village Board shall decide all applications for variations within thirty (30) days after transmittal from the Zoning Board.
3. Standards For Variations: The Village shall grant a variation whenever, and only when, it shall have determined, recorded in writing and placed in its records on forms to be provided by the Zoning Officer, that all of the following conditions have been met:
a. That the variation does not permit a use otherwise excluded from the particular zone in which requested.
b. That special circumstances or conditions such as exceptional narrowness, topography or siting, fully described in the report of the Zoning Board, apply to the land for which a variation is sought and that those conditions do not apply generally in the zone.
c. That special circumstances or conditions have not resulted from any act of the applicant subsequent to the adoption of this Title, whether or not a violation of the provisions thereof.
d. That, for reasons fully set forth in the report of the Zoning Board, the aforesaid circumstances or conditions are such that the strict application of the provisions of this Title results in the loss of any reasonable use of land. Mere loss in value shall not justify a variation; there must be a deprivation of beneficial use of land.
e. That the variation granted is the minimum adjustment necessary for the reasonable use of the land.
f. That the granting of any variation is in harmony with the general purposes and intent of this Title and will not be injurious to the neighborhood, detrimental to the public welfare or in conflict with the Comprehensive Plan for development of the Village.
C. Amendments: This Title may be amended from time to time as conditions warrant, subject to the following conditions:
1. Application: An application for a proposed amendment shall be filed with the Zoning Board, using forms available from the Zoning Officer. Amendments to rezone any property may be instituted by the owner of the property, an appropriate governmental agency or the Village Board.
2. Public Hearing: Upon application, the Zoning Board, after giving fifteen (15) days' notice as provided by law, shall schedule a public hearing. The Zoning Board shall consider and make recommendation on all proposed amendments, taking into account:
a. The testimony at the hearing;
b. A site inspection of the property in question;
c. The recommendations from interested official bodies; and
d. The standards provided below.
3. Report To Village Board And Voting Requirements: The Zoning Board shall make a report to the Village Board. No amendment shall be passed except by a majority vote of all members of the Village Board or as otherwise provided by statute.
4. Standards For Amendments: A proposed amendment shall be considered on its own merits using the following criteria as a guide:
a. Text Or Map Amendment: The following conditions shall be met for all amendments:
(1) The proposed amendment shall correct an error or meet the challenge of changing conditions in the area and the zones affected;
(2) The proposed amendment shall be consistent with the intent of this Title and with its various provisions;
(3) The proposed amendment shall not be detrimental to the development of the Village.
b. Map Amendments: In addition to the above conditions, the following shall be met for all map changes:
(1) Every use permitted under the new classifications must be a suitable use for the further development of the area in the vicinity of the rezoning and must be compatible with uses already developed in the vicinity; and
(2) Adequate public facilities, sewer and water lines, other needed services of facilities must exist or must be capable of being provided prior to the development of the uses which would be permitted on the property if it were reclassified. (Ord. 91-341, 4-2-1991)