§ 46-848. Review and approval.

(a)

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

(b)

Construction requirements. 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 plan commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter.

(c)

Lot, parking, loading and traffic requirements. Compliance with all other provisions of this chapter such as lot width and area, yards, height, parking, loading, traffic and highway access shall be required of all conditional uses. Variances shall only be granted as provided in article II, division 5, of this chapter.

(d)

Hearings. The plan commission shall fix a reasonable time and place for the hearing, publish a class two notice and shall give due notice to the parties in interest and the building inspector. At the hearing, the applicant may appear in person, by agent or by attorney.

(e)

Notice to DNR. The zoning administrator shall transmit a copy of each application for a conditional use permit in the FWO floodway overlay district and the FFO floodplain fringe overlay district and in the shoreland portion of the C-1 lowland conservancy district, to the state department of natural resources (DNR) for review and comment at least ten days prior to the public hearing. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all decisions granting conditional uses in the FWO floodway overlay district and the FFO floodplain fringe overlay district, and in the shoreland portion of the C-1 lowland conservancy district, shall be transmitted to the DNR within ten days of the effective date of such decision.

(f)

Reexamination. The plan commission may periodically conduct a review of an existing conditional use permit to ascertain whether all conditions are being met.

(g)

Amendments. Changes subsequent to the initial issuance of a conditional use permit which would result in a need to change the initial conditions shall require an amendment to the conditional use permit. Enlargement or an increase in the intensity of a conditional use shall be considered an amendment. The process for amending a permit shall generally follow the same procedures as those required for granting a conditional use permit as set forth in this section.

(h)

Revocation of conditional use permit. Should a permit applicant, his 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 after a recommendation by the plan commission, the conditional use permit may be revoked.