§ 46-882. Conditional use permit; review and hearing; transfer; issuance requirements.

A conditional use permit for the establishment of a commercial day care/preschool may be issued only after review and a public hearing by the plan commission and upon approval by the village board. Transfer of such conditional use permit is permissible. Such conditional use permit may be issued only upon compliance with the following requirements:

(1)

Proof by the applicant of receipt of all necessary permits from the state department of health and social services and all other state agencies having regulatory jurisdiction over the activity no less than 30 days before the opening of the proposed facility.

(2)

Compliance with division 1 of this article.

(3)

Submission of a plan of operation as part of the application for the conditional use permit detailing:

a.

The interior and exterior layouts of the operation, including adherence to setbacks of not less than 20 feet with respect to any property boundary abutting a residential district for any permanent or portable fixtures except for fencing;

b.

Parking facilities dedicated to visitors, parents and staff;

c.

Pedestrian and vehicular traffic patterns (particularly during the first two and final two hours of operation during each day);

d.

Hours and days of operation;

e.

Name and phone number of a contact person available during all hours of operation with sufficient authority to resolve any immediate problems that may arise;

f.

Height, location and sample of all fencing to be used;

g.

Surfaces to be used for all outside playground areas;

h.

Location, screening and pickup of all external garbage containers;

i.

The maximum number of children to be cared for during each full day and at any given time by age group (i.e. the maximum number of children that will be on the premises at any given time and the total maximum number of children that may be on the premises within a 24-hour period); and

j.

Such additional information as the plan commission or village board requires.

(4)

Except where preempted by state regulation, the plan commission and village board may deny issuance or renewal of such conditional use permit if past experience, comments of the public, village staff recommendations or the judgment of the plan commission or village board indicated that the plan of operation as proposed by the applicant would be in violation of any applicable village ordinance or would be disruptive to the existing character and activities in the zoning district or neighborhood.

(5)

In no event may such conditional use permit be issued unless the plan of operation provides for dedicated parking spaces equal to the total maximum number of employees who may work at the facility at any time, plus one dedicated parking space for every five children who may be cared for at the facility at its maximum capacity. The term "dedicated parking space" means either off-street private parking with signs posted reserving the parking for the day care during its hours of operation or on-street or other public parking located within 200 feet of the main entrance of the commercial day care/preschool, and has been determined by the department of public works and police department to be sufficiently under utilized for other parking purposes so as to be readily available for day care purposes during all hours and days of operation.

(6)

Such conditional use permit shall be reviewed on an annual basis by the plan commission to ensure compliance with all conditional use requirements (including the plan of operation approved by the plan commission and village board). Such property may be inspected by the police department, fire department, building inspector or other authorized personnel of the village to investigate and determine if any violations exist.

(7)

The conditional use permit may be revoked by the village board upon findings of violations of such conditional use requirements or other applicable village ordinances.