Page 94 - Ordinance Chapter 17
P. 94

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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