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Calumet City Zoning Code

SPECIAL LAND

USES

§ 153.225 INTENT; PURPOSE.

   (A)   This subchapter provides the review procedures and standards instituted to provide an opportunity to use a lot or parcel for an activity which, under certain circumstances, might be detrimental to other permitted land uses, or which contain unique features.
   (B)   The procedures and standards apply to those special land uses which are specifically designated as such in this subchapter.
(Ord. 160, passed 4-21-2022)

§ 153.226 GENERAL STANDARDS.

   Each application for a special land use permit shall be reviewed on an individual basis for conformity and compliance with the standards of this subchapter, including those for site plan review and the specific standards below:
   (A)   Will be in accordance with the general objectives, intent and purposes of this subchapter;
   (B)   Will be designed, constructed, operated, maintained and managed so as to be appropriate in appearance with the existing or intended character of the general vicinity;
   (C)   Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, of drainage structures, refuse disposal or those persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service;
   (D)   Will not be hazardous or disturbing to existing or future neighboring uses;
   (E)   Will not create excessive additional requirements at public expense for public facilities and services;
   (F)   Will be in accordance with all required conditions of the district in which it will be located; and
   (G)   Will not cause substantial injury to the value of other property in the neighborhood in which it is to be located, and will not be detrimental to existing and/or other permitted land uses in the applicable zoning district.
(Ord. 160, passed 4-21-2022)

§ 153.227 SPECIAL LAND USE APPLICATION.

   (A)   Special land use application requirements. An application for special land use permit approval shall include a complete site plan review satisfying all the standards in §§ 153.205 through 153.212.
 
   (B)   Special land use application review procedures. The procedures for a special land use permit application review shall follow those for a site plan review in §§ 153.205 through 153.212 with the following modifications:
      (1)   Planning Commission review. The Planning Commission shall:
         (a)   1.   Review the application to determine if it satisfies the standards for special land uses, and all other applicable standards of this chapter.
            2.   Administrative review shall not be an option for special land use permit applications;
         (b)   Hold a public hearing to consider the proposed special land use consistent with the procedures for a public hearing in § 153.309; and
         (c)   The Planning Commission shall submit a finding of fact and make a recommendation to the Village Council to approve, approve with conditions, or deny the special land use permit.
      (2)   Village Council review. The Village Council shall:
         (a)   Review the application to determine if it satisfies the standards for special land uses, and all other applicable standards of this chapter, and Planning Commission’s recommendation;
         (b)   Determine whether to hold an additional public hearing at their discretion or refer the application back to the Planning Commission for further consideration; and
         (c)   Make a determination to approve, approve with conditions or deny the application. Any decision made shall include the adoption of a finding of facts to support the Village Council’s decision.
(Ord. 160, passed 4-21-2022)

§ 153.228 SPECIAL LAND USE DETERMINATIONS.

   (A)   Approval. The special land use permit shall be approved upon determination that it is in compliance with the standards of this chapter, other village planning documents, other applicable ordinances and local, state and federal statutes. Upon approval, a special land use shall be deemed a conforming use permitted in the district in which it is proposed, subject to any conditions imposed on the use. Such approval shall affect only the lot or area thereof upon which the use is located.
   (B)   Conditional approval. The Village Council may approve a special land use permit, subject to any conditions to address necessary modifications or obtain variances or approvals from other agencies. Conditions imposed shall be subject to the objectives of outlined in §§ 153.205 through 153.212.
   (C)   Denial. If the Village Council determines that a proposed special land use does not meet the standards of this subchapter, or otherwise will tend to be injurious to the public health, safety, welfare or orderly development of the village, it shall deny the application.
(Ord. 160, passed 4-21-2022)

§ 153.229 RECORD OF ACTIONS.

   All decisions on a special land use shall be recorded consistent with the requirements of §§ 153.205 through 153.212 with the addition that the development agreement and final site plans be recorded at the County Register of Deeds Office and evidence of the record by submitted to the Village Clerk within 45 days.
(Ord. 160, passed 4-21-2022)

§ 153.230 EXPIRATION, REVOCATION.

   The standards and procedures for expiration and revocation of an approved special land use permit shall be the same as those for site plan review in § 153.210.
(Ord. 160, passed 4-21-2022)

§ 153.231 AMENDMENTS, MODIFICATIONS.

   The standards and procedures for amendments or modifications of an approved special land use permit shall be the same as those for site plan review in § 153.211, with the exception that a major amendment to an approved special land use permit will require a new public hearing following the standards and process in §§ 153.205 through 153.212.
(Ord. 160, passed 4-21-2022)

§ 153.232 FEES, PERFORMANCE GUARANTEES.

   Fees and performance guarantees associated with the review and approval of a special land use application shall be consistent with the requirements in §§ 153.306 and 153.307.
(Ord. 160, passed 4-21-2022)