Carrollton City Zoning Code

SPECIAL USES

§ 159.355 PERMITS.

This chapter divides the city into various districts, and permits in each district as a matter of right only those uses which are clearly compatible with one another. Certain other uses, because of their special operational or physical characteristics, may or may not have a detrimental impact on nearby permitted uses, depending upon their precise location, manner of operation and other factors. Such “special uses” require careful case by case review and may be allowed only after review and approval by the Zoning Board of Appeals.

(Prior Code, § 40-10-24)

§ 159.356 APPLICATION.

(A) Every applicant for a special use permit shall submit to the Zoning Administrator in narrative and/or graphic form, the items of information enumerated below. The Administrator shall promptly transmit the completed application, together with any comments or recommendation he or she might have, to the Zoning Board of Appeals. (Note: a filing fee is required in § 159.292 of this chapter.)

(B) Items of information:

(1) Name and address of the applicant;

(2) Name and address of the owner or operator of the proposed structure or use, if different from division (B)(1) above;

(3) Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees and similar matters;

(4) Location of the proposed use or structure and its relationship to existing uses of structures on adjacent lots;

(5) Area and dimensions of the site for the proposed structure or use;

(6) Existing topography of the site and proposed finished grade;

(7) Existing and proposed screening, landscaping and erosion control features on the site, including the parking area;

(8) Height and setbacks of the proposed structure;

(9) Number and size of the proposed dwelling units, if any;

(10) Number and location of proposed parking/loading spaces and access ways;

(11) Identification and location of all existing or proposed utilities, whether public or private; and/or

(12) Any other pertinent information that the Administrator may require.

(Prior Code, § 40-10-25)

§ 159.357 PUBLIC HEARING; NOTICE.

(A) The Zoning Board of Appeals shall hold a public hearing on every special use permit application within a reasonable time after the application is submitted to them. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney.

(B) Notice indicating the time, date and place of the hearing, and the nature of the proposed special use shall be given not more than 30 days, nor less than 15 days, before the hearing:

(1) By first-class mail to the applicant and to all parties whose property is within 250 feet of the lot line of the proposed special use; and

(2) By publication in a newspaper of general circulation within the city.

(Prior Code, § 40-10-26)

§ 159.358 FACTORS CONSIDERED BY THE ZONING BOARD OF APPEALS.

The Zoning Board of Appeals shall consider the following factors in making a decision:

(A) Whether the proposed design, location and manner of operation of the proposed special use will adequately protect the public health, safety and welfare, and the physical environment;

(B) Whether the proposed special use is consistent with the municipality’s comprehensive plan, if any;

(C) The effect the proposed special use would have on the value of neighboring property and on the municipality’s overall tax base;

(D) The effect the proposed special use would have on public utilities and on the traffic circulation on nearby streets; and

(E) Whether there are any facilities near the proposed special use (such as schools or hospitals) that require special protection.

(Prior Code, § 40-10-27)

§ 159.359 DECISION; FINDINGS OF FACTS.

The Zoning Board of Appeals shall reach a decision on every special-use permit application within a reasonable time after public hearing. In accordance with state law (65 ILCS 5/11-13-11), the Zoning Board of Appeals shall specify the terms and conditions of the permit to be granted (if any) in one statement and its findings of fact in another statement. The findings of fact shall be responsive in the decision-making factors listed in the preceding section and shall clearly indicate the Zoning Board of Appeal’s reasons for granting, with or without modifications and/or conditions, or denying the requested special use permit.

(Prior Code, § 40-10-28)

Carrollton City Zoning Code

SPECIAL USES

§ 159.355 PERMITS.

(Prior Code, § 40-10-24)

§ 159.356 APPLICATION.

(B) Items of information:

(1) Name and address of the applicant;

(2) Name and address of the owner or operator of the proposed structure or use, if different from division (B)(1) above;

(3) Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees and similar matters;

(4) Location of the proposed use or structure and its relationship to existing uses of structures on adjacent lots;

(5) Area and dimensions of the site for the proposed structure or use;

(6) Existing topography of the site and proposed finished grade;

(7) Existing and proposed screening, landscaping and erosion control features on the site, including the parking area;

(8) Height and setbacks of the proposed structure;

(9) Number and size of the proposed dwelling units, if any;

(10) Number and location of proposed parking/loading spaces and access ways;

(11) Identification and location of all existing or proposed utilities, whether public or private; and/or

(12) Any other pertinent information that the Administrator may require.

(Prior Code, § 40-10-25)

§ 159.357 PUBLIC HEARING; NOTICE.

(B) Notice indicating the time, date and place of the hearing, and the nature of the proposed special use shall be given not more than 30 days, nor less than 15 days, before the hearing:

(1) By first-class mail to the applicant and to all parties whose property is within 250 feet of the lot line of the proposed special use; and

(2) By publication in a newspaper of general circulation within the city.

(Prior Code, § 40-10-26)

§ 159.358 FACTORS CONSIDERED BY THE ZONING BOARD OF APPEALS.

The Zoning Board of Appeals shall consider the following factors in making a decision:

(A) Whether the proposed design, location and manner of operation of the proposed special use will adequately protect the public health, safety and welfare, and the physical environment;

(B) Whether the proposed special use is consistent with the municipality’s comprehensive plan, if any;

(C) The effect the proposed special use would have on the value of neighboring property and on the municipality’s overall tax base;

(D) The effect the proposed special use would have on public utilities and on the traffic circulation on nearby streets; and

(E) Whether there are any facilities near the proposed special use (such as schools or hospitals) that require special protection.

(Prior Code, § 40-10-27)

§ 159.359 DECISION; FINDINGS OF FACTS.

(Prior Code, § 40-10-28)

Carrollton City Zoning Code

SPECIAL USES

§ 159.355 PERMITS.

(Prior Code, § 40-10-24)

§ 159.356 APPLICATION.

(B) Items of information:

(1) Name and address of the applicant;

(2) Name and address of the owner or operator of the proposed structure or use, if different from division (B)(1) above;

(3) Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees and similar matters;

(4) Location of the proposed use or structure and its relationship to existing uses of structures on adjacent lots;

(5) Area and dimensions of the site for the proposed structure or use;

(6) Existing topography of the site and proposed finished grade;

(7) Existing and proposed screening, landscaping and erosion control features on the site, including the parking area;

(8) Height and setbacks of the proposed structure;

(9) Number and size of the proposed dwelling units, if any;

(10) Number and location of proposed parking/loading spaces and access ways;

(11) Identification and location of all existing or proposed utilities, whether public or private; and/or

(12) Any other pertinent information that the Administrator may require.

(Prior Code, § 40-10-25)

§ 159.357 PUBLIC HEARING; NOTICE.

(B) Notice indicating the time, date and place of the hearing, and the nature of the proposed special use shall be given not more than 30 days, nor less than 15 days, before the hearing:

(1) By first-class mail to the applicant and to all parties whose property is within 250 feet of the lot line of the proposed special use; and

(2) By publication in a newspaper of general circulation within the city.

(Prior Code, § 40-10-26)

§ 159.358 FACTORS CONSIDERED BY THE ZONING BOARD OF APPEALS.

The Zoning Board of Appeals shall consider the following factors in making a decision:

(A) Whether the proposed design, location and manner of operation of the proposed special use will adequately protect the public health, safety and welfare, and the physical environment;

(B) Whether the proposed special use is consistent with the municipality’s comprehensive plan, if any;

(C) The effect the proposed special use would have on the value of neighboring property and on the municipality’s overall tax base;

(D) The effect the proposed special use would have on public utilities and on the traffic circulation on nearby streets; and

(E) Whether there are any facilities near the proposed special use (such as schools or hospitals) that require special protection.

(Prior Code, § 40-10-27)

§ 159.359 DECISION; FINDINGS OF FACTS.

(Prior Code, § 40-10-28)