§ 46-905. Conditional use permit; review and hearing; transfer; issuance requirements.

(a)

A conditional use permit for the establishment of a dog boarding facility 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 not permissible without approval of the village board of trustees. In considering any application for a conditional use permit under this section, the plan commission and village board shall, without limitation, give due consideration to the following issues:

(1)

The maximum number of dogs giving due consideration to the size of the facility and its geographic location;

(2)

The need for natural and/or artificial screening to limit the potential for noise or odor to unreasonably affect lawful use of adjacent properties;

(3)

The availability of adequate parking and exercise areas;

(4)

The provision of adequate waste disposal methods to prevent the generation of unreasonable odor and unhealthful conditions;

(5)

Hours of operation;

(6)

Methods of animal control/restraint to be employed in exterior and interior of facilities to prevent escape of animals onto adjacent properties.

(b)

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 unreasonably disruptive to the existing character and activities in the zoning district or an adjacent neighborhood.

(c)

Such conditional use permit shall be reviewed on an annual basis by the plan commission, or at such other periodic basis as is established by the village board in its discretion, 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 from time-to-time by the police department, fire department, building inspector or other authorized personnel or agents of the village to investigate and determine if any violations of any applicable statute, regulation, ordinance, or provision of the conditional use exist.

(d)

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 or of violation of any state law regarding the humane treatment of animals.