§ 100-354. Review, findings and approval.

(a)

The plan commission shall, as a minimum, review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed plan of operation.

(b)

Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or parking requirements may be required by the board of zoning and building appeals upon its finding that these area necessary to fulfill the purpose and intent of this chapter.

(c)

Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, shoreland-wetland zoning requirements and highway access, shall be automatically required of all conditional uses. Variances shall only be granted as provided in section 100-808 of this chapter.

(d)

The plan commission shall recommend approval, denial or conditional approval of all conditional use applications within 60 days of submittal, unless said time frame is extended by written approval of the applicant.

(e)

When recommending approval of the conditional use permit, the plan commission shall find that:

(1)

Such use and/or structures are in accordance with the purpose and intent of the zoning district in which it is located.

(2)

Such use and/or structures are found to be not hazardous, harmful, offensive or adverse to the environment or value of the neighborhood and community.

(f)

The following shall apply to the administration of conditional use permits:

(1)

If a structure has been granted a conditional use permit, but the conditional use permit was not granted for a specific use, then the specific use shall first gain a conditional use permit prior to occupancy, if such use required a conditional use permit in the zoning district in which property is located.

(2)

Conditional uses that expand or relocate positions within the same property shall gain a new or amended conditional use permit.

(3)

Existing conditional use permits cannot be transferred within the same property or location to another conditional use category; for example from a tavern to a body shop.

(4)

Conditional use permits in good standing, such as conditional uses that conform to conditions of approval and all municipal codes, shall be allowed to transfer ownership without gaining a new conditional use permit. The process for amending a permit shall follow the procedures for granting a permit.

(g)

Should a permit applicant, his/her heirs or assigns fail to comply with the conditions of the permit issued by the village board or should the use or characteristics of the use be changed without prior approval by the village board the permit shall be revoked. The process for revoking a permit shall generally follow the procedures for granting the permit.

(Ord. No. 700, § V, 1-21-03; Ord. No. 836, § III, 1-18-11)