2006 035 Ordinance - Laserfiche WebLink

Home Browse Search

1149.03 PLANNING AND ZONING CODE 82 (2) Grant temporary and conditional permits in undeveloped and/or underutilized sections of the Municipality, for not more than two year periods for structures and uses that do not conform to the regulations herein prescribed for the use district in which they are to be located. Any such permit granted shall expire on December 31 st of the next even numbered year following the year in which the permit is granted. It will be the responsibility of the permit holder to make application for review and approval of an additional extension no later than November 1 st in the year that expiration is scheduled to occur. (3) Grant special use permits to locate in a Class U-5 use in a Local Business District and permit the location of a Class U-6 use in any use district. (4) Temporary and conditional use or special use permits shall only be granted provided such use in such location will in the judgment of the Planning and Zoning Commission, substantially serve the public convenience and welfare and will not substantially or permanently injure the appropriate use of the neighboring property, and provided further that such permitted use is not injurious, obnoxious, or offensive by reason of emission of refuse water, odors, dust, fumes, vibrations, smoke, gas, noise, or otherwise, and is not dangerous or harmful to life, property or morals, and will not cause undue congestion on the public highways. (5) In the event that Council grants a special use permit under this section, and imposes a time period for review of the permit holder's performance, such review period shall conform with all other temporary and conditional use permits as referred to under subsection (a)(2) hereinabove. (d) A Class U-6 use existing in any use district at the tune of the passage of this Code shall be deemed an authorized use upon the lot devoted to such use at the time of the passage of this Code. (e) In evaluating the reasonableness of a proposed use district exception, the Planning and Zoning Commission shall review the facts and circumstances of each proposed use and find that the applicant has provided adequate evidence of addressing the guidelines established by the Planning and Zoning Commission as amended from time to time. The applicable list of guidelines shall be available from the Village's Building Department. (f) While the referenced guidelines will be used to evaluate the specific projects (uses), the Planning and Zoning Commission is not required to approve any temporary and conditional or special use permit solely based upon meeting the guidelines. Same shall remain in the sole and exclusive discretion of the Planning and Zoning Commission, and approval of Council. (Ord. 2006-16. Passed 5-22-06.) 2006 Replacement