This procedure is established to provide a special use permit for those areas of the City that are zoned, but in which unusual circumstances prevail, where it would be in the best interest of the safety, health and welfare of the residents of a zoned district that a special use permit be issued rather than a change of zoning be granted.

Such "special uses" shall fall into two (2) categories:

   (A)   Uses publicly operated or traditionally affected with a public interest; and

   (B)   Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities. (Ord. 18-08, 6-3-2019)

An application for a special use permit may be filed in any case where the Plan Commission has denied rezoning, but has recommended to the applicant that he file an application for a special use permit. In that event, the applicant shall file an application for such a permit with the zoning official on a form he shall prescribe. The application shall be accompanied by such plans and/or data prescribed by the Plan Commission and shall include a statement in writing by the applicant and adequate evidence showing that the proposed special use will conform to the standards set forth in subsection (C) of this section. The Plan Commission may on its own motion initiate a special use proceeding, and if initiated, the applicant shall pay a filing fee of one hundred dollars ($100.00).

   (A)   Hearing Upon Application: Upon receipt in proper form of the application and statement referred to above, the Plan Commission shall hold a public hearing on the proposed special use. The hearing shall be conducted and a record of such proceedings shall be preserved in such a manner as the Plan Commission, by rule, prescribes.

   (B)   Notice Of Hearing: The commission shall fix a reasonable time for the hearing. It shall give at least fifteen (15) nor more than thirty (30) days' notice of the time and place of such hearing by insertion in a daily newspaper published in East Moline and shall also give notice delivered personally or by mail at least five (5) days before the time fixed for such hearing to the applicant or appellant and to the zoning official, and to the respective owners of record of property adjoining or adjacent to the premises in question, and to any property owners whose property is situated within two hundred fifty feet (250') of the subject site, and to any other persons or entities required by law to be notified and to all persons or entities entitled to object to such special uses. Any party may appear at such hearing in person or by agent or by attorney. The commission shall decide the application or appeal within a reasonable time.

   (C)   Standards: No special use shall be recommended for approval by the Plan Commission unless such commission shall find:

      1.   That the granting of a special use will not be detrimental to or endanger the public health, safety, or general welfare;

      2.   That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, not substantially diminish and impair property values within the neighborhood;

      3.   That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

      4.   That adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided;

      5.   That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;

      6.   Restrictions for the use should be consistent with the district in which the use would normally be located except as may be modified by the Plan Commission; and

      7.   That the special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the Plan Commission.

   (D)   Conditions And Safeguards: Prior to the granting of any special use, the Plan Commission shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards specified in the subsection above. In all cases in which special uses are granted, the Plan Commission shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being complied with.

   (E)   General Regulation: The Plan Commission shall not authorize a special use permit unless the Plan Commission specifically finds that the condition or situation of the special piece of property for which the special use is sought is not of so typical or recurrent a nature as to make reasonably practicable the formulation of a general regulation, under an amendment to this title, for such conditions or stipulations.

   (F)   Time Frame Of Permit: Said special use permit, when granted, shall be in full force and effect only as long as the applicant of the property affected retains ownership of said property.

   (G)   Effect Of A Denial Of A Special Use: No application for a special use that has been denied wholly or in part by the Plan Commission shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the City Planner.

   (H)   Period During Which The Special Use Shall Commence: The permit for the construction or operation of the special use shall be issued within one year after the special use is granted by the Plan Commission. The property owner shall then complete construction or otherwise commence operation of the special use within a reasonable time thereafter. If the special use has not been established within said period, the property owner may submit a request for extension of the special use to the Plan Commission, which the Plan Commission may grant upon reasonable terms. If the property owner fails to commence operation of the special use in the manner set forth above, or obtain an extension of the special use from the Plan Commission, the special use shall be null and void.

      1.   Notwithstanding the foregoing provisions of this subsection, if the special use applicant makes a specific request in the original application for special use to have the "one year startup provision" set forth above modified or waived, then the Plan Commission shall have the power when making its final decision on the special use to lengthen, shorten, or waive the "one year startup requirement" for the requested special use.

   (I)   Action By The City Council: If a special use permit requires City Council approval, as is the case in certain industrial uses that involve Board of Appeal approval, then the City Council shall not act upon a proposed special use until the Council has received a written report and recommendation from the Plan Commission on the proposed special use.

      1.   The concurring vote of five (5) members of the Plan Commission consisting of nine (9) members is necessary to recommend to the City Council to approve the petition.

      2.   The City Council may by adoption of an ordinance grant or deny an application for a special use. The proposed special use ordinance shall not be approved by the Corporate Authorities, except by a favorable majority vote of all Alderman of the City Council then holding office. (Ord. 18-08, 6-3-2019)