Page 94 - Ordinance Chapter 17
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7. The proposed use shall not impede the orderly development and
improvement of surrounding property for uses permitted within the
immediate vicinity.
8. The establishment, maintenance, or operation of the proposed use
shall not be detrimental to or endanger the public health, safety,
morals, comfort, or general welfare.
9. The public interest and welfare supporting the proposed use shall be
sufficient to outweigh the individual interests that are adversely
affected by the establishment of the proposed use.
(d) Decision. The Village Board shall decide all applications within 30 days
after the Plan Commission recommendation and shall deliver a signed copy
of its unsigned decision to the applicant. If a conditional use is approved,
all property owners shall acknowledge the approved terms by notarized
signature and return the same to the Zoning Administrator within 10 days
or the decision shall become null and void without any further action by the
Village. The conditional use shall only become effective when all required
signatures have been obtained and the original signature copy is returned to
the Zoning Administrator for execution by the Village. The Zoning
Administrator shall record the fully-executed conditional use approval in
the Racine County Register of Deeds Office and return a recorded copy of
the conditional use approval to the property owner.
(e) Expiration of Use. Conditional uses granted hereunder shall expire 6
months after the approved conditional use becomes effective unless
substantial work has commenced during such time. If the Zoning
Administrator determines that substantial work did not commence within 6
months, or if substantial work commenced but has not continued in good
faith to completion, he or she shall initiate the process to terminate the
approval pursuant to subsection (f). Upon written petition and with cause,
the Zoning Administrator may grant a one-time extension, not to exceed 3
months, provided (1) the permit holder requests the extension prior to the
expiration of the approval, (2) the permit holder clearly demonstrates that
circumstances beyond his or her control prevented the start of substantial
work and the continuation of the same, and (3) the project complies with
this chapter in effect at the time the extension is granted. If the Zoning
Administrator determines that a conditional use has ceased to operate for
any reason, whether intentional or otherwise, for more than 12 continuous
months, he or she shall initiate the process to terminate the conditional use
pursuant to subsection (f).
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