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2022 10 ORDINANCE
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Last modified
3/7/2023 8:25:22 AM
Creation date
3/6/2023 5:41:32 PM
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Legislation-Meeting Minutes
Document Type
Ordinance
Number
2022 10
Date
8/15/2022
Year
2022
Title
CONDITIONAL USE PERMITS
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(i) Application of Standards for Conditional Use Permit. While the standards set forth <br />ILin 1149.02(h) will be used to evaluate specific applications for conditional use permits, the <br />Planning and Zoning Commission is not required to approve any conditional use permit solely <br />based upon meeting any or all of the standards. Approval shall be in the sole and exclusive <br />discretion of the Planning and Zoning Commission and Council. <br />0) Conditions on Conditional Use Permits. The Planning and Zoning Commission <br />may impose and Council may confirm or impose additional conditions and limitations concerning <br />the use, construction, character, location, landscaping, screening, and other matters relating to the <br />purposes and objectives of this Section of the Zoning Code, upon the premises benefited by a <br />conditional use permit, as may be necessary or appropriate to prevent or minimize adverse effects <br />upon other property and improvements in the vicinity of the subject property or upon public <br />facilities and services. Such conditions shall be expressly set forth in the resolution granting the <br />conditional use or expressly included in such resolution by reference. Violation of any such <br />condition or limitation shall be a violation of the Zoning Code and shall constitute grounds for <br />revocation of the conditional use permit. <br />(k) Confirmation of Compliance with Conditions. Whenever any conditional use <br />permit granted pursuant to this Section is made subject to conditions or limitations to be met by <br />the applicant, the applicant shall, upon meeting such conditions, notify the Building Commissioner <br />for inspection of compliance. The Building Commissioner shall determine whether the applicant <br />has met the conditions. Thereafter, the Building Commissioner shall inspect the premises every <br />four (4) years for compliance to said specific terms, conditions and safeguards. The Building <br />Commissioner shall provide a report to the Planning and Zoning Commission summarizing the <br />inspections and, if in compliance, recommending renewal of the conditional use permit. <br />(1) Effect of Issuance of a Conditional Use Permit. The granting of a conditional use <br />permit authorizes the property to be used in the manner proposed but does not alone authorize the <br />establishment or extension of any use, nor the development, construction, reconstruction, <br />alteration, or moving of any building or structure without first obtaining any other required permit, <br />including a building permit. <br />(m) Limitations on Conditional Use Permit. Subject to an extension of time authorized <br />by the Planning and Zoning Commission, no conditional use permit shall be valid for a period <br />longer than one (1) year unless a building permit is issued and construction is actually begun within <br />that period, and is thereafter diligently pursued to completion, or the approved use is commenced <br />within that period. Thereafter, a conditional use permit shall be valid for a period of four (4) years <br />and shall expire on December 31" of the fourth year following the year in which the permit was <br />granted. The Building Commissioner shall provide a report to the Planning and Zoning <br />Commission summarizing the inspections conducted under 1149.02(k). Thereafter, the Planning <br />and Zoning Commission shall renew the conditional use permit if the permit holder has complied <br />with all terms and conditions established by the Planning and Zoning Commission in granting the <br />conditional use permit. <br />4 <br />Final 6 14 22 <br />
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