§ 9.2. Conditional use procedure.

9.21

Procedure. In applying for a conditional use zoning permit the applicant shall follow all procedures set forth in article 8 [of this ordinance] on zoning permits. The zoning inspector shall refer the application to the planning commission, and the planning commission shall hold a public hearing on the application. The planning commission may recommend, approve, modify, or disapprove the application. In the case of approval or approval with modification, the village board of trustees shall issue written authorization to the zoning inspector to issue a zoning permit in full conformance with article 8 [of this ordinance]. This authorization shall remain on permanent file with the application. The village board of Trustees may attach special conditions to insure conformance with the intent of all comprehensive plan elements. The village board may establish a schedule of reasonable fees to be charged for conditional use zoning permits.

9.22

Standards for decisions and recommendations of the planning commission. No conditional use permit shall be recommended by the planning commission unless there is a concurring vote of a majority of all members present with a minimum of five concurring votes required, based on findings of fact that:

a.

The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

b.

The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish property values within the neighborhood.

c.

The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

d.

Adequate utilities, access roads, drainage or necessary facilities have been or will be provided.

e.

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

f.

The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the .