The division of the City into zoning districts is based on the principle that similar conditions prevail throughout a particular district. Some uses of land are not appropriate as a "permitted use" in certain districts and are designated as special uses. Because they have a unique, special or unusual impact upon the use of enjoyment or neighboring property, these uses are only appropriate at a certain locations and upon receipt of a special use permit. Special uses shall be permitted only as provided herein and consistent with 65 ILCS 5/11-13-1.1.

Unless otherwise provided by this section, a special use shall be subject to all of the regulations applicable within the zoning district in which the special use is authorized in addition to such other regulations as established by the terms or conditions of the special use permit that supplement, but may not reduce, such otherwise applicable minimum regulations.

(Ord. No. 4751, § 1, 9-24-2014)

A landowner shall obtain a special use permit prior to the issuance of a building permit:

A.

For any use listed as a "special use" in the applicable zoning district; and

B.

For any use otherwise requiring a special use permit by this chapter.

(Ord. No. 4751, § 1, 9-24-2014)

A.

Delegation of power. The Planning Commission shall decide whether special use permits shall be granted. In no event shall a special use permit be granted where the proposed use is not authorized by the terms of these regulations, or where the standards of this section are not found to exist.

B.

Conditions and guarantees. Prior to the granting of any special use permit, the Planning Commission shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use permit as is deemed necessary for the protection of the public interest and to secure compliance with the standards and conditions contained herein. In all cases in which a special use permit is granted, the Planning Commission shall require such evidence and guarantees as may be deemed necessary to ensure that the conditions stipulated are being, and will be, fully complied with.

C.

Special use permits in residential districts. In no event shall special use permits in residential districts be transferable from an owner-applicant-operator to a subsequent owner-operator of the subject real estate or structure.

(Ord. No. 4751, § 1, 9-24-2014)

Any person owning or having a cognizable interest in a given property may file an application. Except as may be waived upon written consent of the Director, the following items shall be submitted in support of an application for a special use permit:

A.

All general application requirements, including, but not limited to, Section 17.150.

B.

All filing deposits and fees as established by the City Council within Title 4 of the Municipal Code.

C.

All site plan requirements per Section 17.120 and as amended at the discretion of the Community Development Director.

D.

A comprehensive narrative description of the use sought, including, but not limited to, the proposed operational overview.

E.

Development schedule providing reasonable guarantees for the completion of the proposed development or other construction according to the development schedule.

F.

A statement regarding the requested length of term of the use after the date of issuance of the permit, if applicable.

G.

A statement regarding any special conditions governing the operation of the proposed use(s), site development and other pertinent descriptive factors.

H.

When the proposed use includes new structures, or modifications in either expansion of the structure or changes to the exterior of the structure (including, but not limited to, painting, material substitutions, etc.), color photographs of surrounding structures within two hundred fifty (250) feet and elevation drawings of the proposed special use in sufficient detail to determine compliance with the zoning district regulations in which the special use is to be located.

I.

A landscaping plan and any screening elements.

J.

Such other information as may be required by the Director relevant to the specific application to ensure compliance with the purposes and provisions of this section.

(Ord. No. 4751, § 1, 9-24-2014)

A.

Notice and hearing. No special use shall be made except by specific case or application and after a public hearing before the Planning Commission. Such hearing shall be after publication and notice of the time and place of the hearing as provided for in this chapter in Section 17.150. The Commission shall hear the applicant and all interested persons who appear at the hearing.

B.

Findings of fact and decision. Subsequent to the hearing, the Commission shall render a decision on the application based on the criteria established in this section. Each such decision shall be accompanied by findings of fact, including a separate conclusion, and shall refer to any exhibits containing plans and specifications for the proposed use, and shall remain a part of the permanent records of the Planning Commission. The findings of fact shall specify the reason or reasons for granting or denying the special use. In making its decision, the Commission shall:

1.

Grant the application, with or without conditions; including such conditions as are reasonably necessary to meet the standards of this section and other applicable law and to otherwise protect the immediate neighborhood or the City from adverse effects of the use or building proposed;

2.

Deny the application; or

3.

Refer the application back to the applicant for modification or to the Director for additional review or study if deemed necessary by the Commission.

Any completed application submitted in conformance with this section shall be deemed denied by the Planning Commission, for purposes of appeal to the Council, if no final written action has been rendered within one hundred twenty (120) days from the date the complete application is filed. In such case, the applicant shall file its written appeal with the City Council within ten (10) days thereafter to seek Council review.

C.

Standards for considering applications. A special use may be permitted only upon the applicant presenting evidence and bearing the burden of proof that such use meets the standards and requirements established for such classification in this section, and the granting of the permit may be subject to such conditions necessary to meet such standards. No special use permit may be granted unless the Planning Commission finds:

1.

That the special use is necessary for the public convenience at that location;

2.

That the special use is not injurious to the use and enjoyment of neighboring properties, nor detrimental to the public health, safety, morals or general welfare;

3.

That adequate utilities, access roads, drainage and other necessary supporting facilities have been provided for;

4.

That adequate measures have been provided to accommodate ingress and egress so as to avoid congestion, not unduly impede surrounding traffic flows, or create hazardous or unsafe conditions;

5.

That the special use will not adversely impact property values in the neighborhood; and

6.

That the special use will conform to all other requirements of the district.

In considering any special use application, the Planning Commission and the City Council may give consideration to the criteria stated below, to the extent they are pertinent to the particular application. The Planning Commission and City Council also may consider other factors that may be relevant to a particular application.

1.

Satisfaction of any and all conditions and requirements applicable to the requested special use, as set forth in supplementary use regulations.

2.

The existing uses and zoning of nearby property.

3.

The extent to which property values are diminished by the proposed use.

4.

The extent to which the destruction of property values, if any, of the subject property or nearby property promotes the health, safety, morals or general welfare of the public.

5.

The relative gain to the public as compared to the hardship imposed on the individual property owner.

6.

The suitability of the property for the zoned purpose.

7.

The length of time the property has remained vacant as zoned considered in the context of land development in the area in the vicinity of the subject property.

8.

The public need for the proposed use.

9.

The extent to which the proposed use will adversely affect the capacity or safety of that portion of the street network impacted by the use, or present parking problems in the vicinity of the property.

10.

The extent to which the proposed use will create excessive stormwater runoff, air pollution, water pollution, noise pollution or other environmental harm.

11.

The extent to which public facilities and services, are available and adequate to meet the demand for facilities and services generated by the proposed use.

12.

The conformance of the proposed use to the Comprehensive Plan, the Major Street Plan, the Capital Improvements Plan, and other adopted planning policies.

13.

The accessibility of the property to police, fire, refuse collection and other municipal services;

14.

The adequacy of ingress and egress to and within the site; traffic flow and control; and the adequacy of off-street parking and loading areas; and

15.

The recommendation of professional staff.

D.

Additional conditions for special uses. In granting a special use, the City shall impose such conditions, safeguards and restrictions upon the premises to reduce or minimize any potential injurious effect of such special uses upon other property in the neighborhood, and to carry out the general purpose and intent of these regulations. The use standards specified in Section 17.050 shall also be requirements for the approval of a special use permit.

E.

Denial. If the application is denied, the applicant shall not again apply within twelve (12) months for a special use permit for substantially the same proposal unless there has occurred a substantial change of circumstances and the Commission consents to resubmission of substantially the same proposal. Otherwise, substantially the same proposal shall be submitted no earlier than one (1) year after the date of denial. If the application is referred back to the applicant for modification, the applicant may resubmit the application in accordance with the directions of the Commission, if any, otherwise in time for the next regular meeting of the Commission.

F.

City Council power of administrative review. Immediately following final action by the Planning Commission on any special use permit, a report shall be filed with the City Council concerning such action. Within thirty (30) days after the Planning Commission's decision, the City Council, upon majority vote, may exercise the power of review of any Planning Commission decision on an application for a special use permit.

Upon adoption of the motion to exercise the power of review, the City Council may refer the matter back to the Planning Commission. Following this adoption, and before acting on the special use permit, the City Council may set the matter for hearing before the Planning Commission or the City Council. The City Council will give written notice of any such hearing to the applicant and all other persons who appeared and spoke at the public hearing before the Planning Commission. In addition, the City Council may, in its discretion, notify and allow to be heard at the hearing any other person who the Council believes may be aggrieved by any decision or action concerning the special use permit.

Following its review, the City Council may affirm, reverse, or modify, in whole or in part, any determination of the Planning Commission. An affirmative majority vote of the City Council shall be required to overturn or modify a decision by the Planning Commission concerning a special use permit. The decision of the City Council shall be made within sixty (60) days of the Planning Commission vote, unless extended for specified cause by a majority vote of the council, or the Planning Commission decision shall become final.

Unless the City Council exercises its power of review of a special use permit, the decision of the Planning Commission shall become effective after thirty-one (31) days following its decision.

(Ord. No. 4751, § 1, 9-24-2014)

A.

Sunset. A special use permit shall expire unless a building permit is taken within twelve (12) months to effectuate such specially permitted use; or if no building permit is required, evidence of use is filed with Community Development Director.

B.

Abandonment. Once a conditionally permitted use ceases or is abandoned for a period of more than twelve (12) months, the special use permit shall expire upon public hearing; except that the special use permit for an auto salvage yard shall automatically expire if the state license for operating the auto salvage yard lapses for a period of time more than six (6) months.

(Ord. No. 4751, § 1, 9-24-2014)

A.

The mere issuance of a special use permit gives no vested rights to the permit holder.

B.

A right to continue a specially permitted use shall vest only if the project is constructed and the use actually begun, and only for as long as may be specified in the permit.

C.

The right to continue the special use that was permitted prior to the effective date of this section shall last only as long as specified by the special use permit.

D.

As of the effective date of this section, existing permits shall be subject to the provisions for transferability as expressed in this section.

E.

Uses that are allowed without a special use permit prior to the effective date of this section, but are designated as special uses in this section, shall be allowed to continue as nonconforming uses if the requirements of Section 17.090, "Nonconformities", are satisfied.

(Ord. No. 4751, § 1, 9-24-2014)

A.

Transferability.

1.

A special use permit may be conveyed with the land only if a right to continue the use has vested under the terms of this section. The transfer of a permit in which no right has vested shall be invalid. Nothing in this section shall be construed to alter the expiration date of permits or the authority of the City Council to revoke a permit.

2.

A permit cannot be assigned or transferred to a different parcel of land.

3.

Every entity attempting to convey a special use permit shall give notice in writing to the Community Development Director within seventy-two (72) hours after having sold, transferred, given away or otherwise disposed of an interest in or control of a parcel of land for which a special use permit has been issued. Such notice shall include the name and address of the successor in interest or control of the parcel. Receipt of such notice shall not constitute acceptance of an invalid transfer.

B.

Lapse. A special use permit in which no vested right has been established, shall lapse and become void unless the applicant applies for any building permit incident to the proposed use within one (1) year of the date of approval by the Planning Commission. Upon the written request of the property owner and for good cause shown, the Planning Commission may grant one (1) extension of not more than one (1) year. An application for extension will be considered only if it is submitted, in writing, prior to the expiration of the initial period.

C.

Expiration of permit. The approved special use permit may specify the duration of its validity and shall expire, unless renewed by approval of a new special use permit as provided herein. A special use permit shall also expire if no final site plan has been submitted and approved within twelve (12) months from the date of the special use permit approval. The Planning Commission may grant one (1) site plan extension not exceeding twelve (12) months upon written request. The approval of a revised preliminary site plan shall not automatically extend the time period during which the preliminary site plan and/or special use permit is valid. An expired special use permit shall grant no authority of any kind upon such expiration and no use shall be permitted to continue thereafter in reliance on such permit authority.

D.

Revocation. Any special use permit granted under the authority of this section is subject to revocation for any or all of the following reasons:

1.

Noncompliance with any applicable requirement as set forth in this section.

2.

Noncompliance with any special conditions imposed at the time of approval or renewal of the special use permit.

3.

Violation of any provisions of the Code of Ordinances pertaining to the use of the land, construction or uses of buildings or structures or activities conducted on the premises by the permit holder, agents of the permit holder, or tenants.

4.

Violation of any other applicable provisions of the Code of Ordinances or any state or federal law or regulation by the permit holder, agents of the permit holder, or tenants, provided that such violations relate to the conduct or activity authorized by the special use permit or the qualifications of such persons to engage in the permitted use.

5.

Attempted transfer of a permit in violation of this section.

6.

Revocation is necessary to preserve the public health, safety, and welfare.

E.

Procedure for revocation.

1.

Revocation proceedings may be initiated by the Community Development Director, the Planning Commission or the City Council.

2.

Unless the permit holder and the landowner agree in writing that the permit may be revoked, the Planning Commission shall hold a public hearing to consider and recommend the revocation of the special use permit to the City Council.

3.

The City shall give the permit holder and landowner notice of the scheduled revocation hearing at least fifteen (15) days prior to the date scheduled for such hearing by certified mail, return receipt requested. If such notice cannot be delivered or is not accepted, notice may be given by publishing a notice of hearing in a newspaper of general circulation in the City or by posting a notice of hearing on the property at least fifteen (15) days prior to the date scheduled for the hearing.

4.

The public hearing shall be conducted in accordance with rules of procedure established by the City Council. At the conclusion of the public hearing, the Planning Commission shall forward a recommendation to the City Council to either affirm or deny revocation of the special use permit. The City Council shall take final action regarding the revocation of the special use permit within thirty (30) days of the recommendation of the Planning Commission.

5.

No special use permit shall be revoked unless a majority of the City Council is satisfied by a preponderance of the evidence that grounds for revocation exist. Any motion for the revocation of a special use permit shall clearly state the grounds for revocation.

(Ord. No. 4751, § 1, 9-24-2014)

No property for which a special use permit has been granted shall be used or developed contrary to the requirements of such permit and final site plan, unless such permit is amended by approval granted in the manner as provided for the initial approval of a special use permit; provided that nothing herein shall preclude additional particulars or requirements in a final site plan or an amended final site plan as may be necessary to satisfy the conditions of the special use permit. In addition to the other remedies for violation provided herein, such violations are subject to all other penalties and enforcement provisions as established for other violations of this section.

(Ord. No. 4751, § 1, 9-24-2014)