The development and execution of this chapter is based upon the division of the city into districts, within which districts the uses of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are special uses which, because of their unique characteristics, cannot be properly classified in any particular district without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such special uses fall into three categories:

(1)

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

(2)

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.

(3)

A "special use" is a use which is requested by the public welfare, but which is incompatible with the uses normally permitted in the zoning districts established herein. It shall be deemed and determined by the planning and zoning commission and as further defined in this article. It is declared the policy and purpose of this chapter to employ the special use as a flexible means of permitting certain exceptions to the districts established and the rules and regulations adopted herein, in cases where the public benefit of such uses outweighs the potential harm, and under such conditions imposed as are necessary to protect the public health, safety and welfare and individual property rights.

(Code 2008, § 17.420; Ord. No. 09-15, § I(17.420), 11-2-2009)

Any person having a freehold interest in land, or a possessor's interest entitled to exclusive possession, or a contractual interest which may become a freehold interest or exclusive possessor's interest which is specifically enforceable, may file an application to use land for one or more of the special uses provided in this chapter in the zoning district in which the land is located. Any person who has a mere possessor's interest and is entitled to exclusive possession for a period of less than five years must have the persons having a freehold interest in the property join in the application.

(Code 2008, § 17.430; Ord. No. 09-15, § I(17.430), 11-2-2009)

An application for a special use permit, except a planned development special use permit, shall be filed with the city on a form prescribed by the planning and zoning commission. The application shall be accompanied by such plans or data prescribed by the commission. The application 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 this chapter. To partially defray the cost of this procedure, the applicant shall pay the sum of $25.00 plus reimbursement for the cost of publication and posting, to the city at the time of filing of the application.

(Code 2008, § 17.440; Ord. No. 09-15, § I(17.440), 11-2-2009)

(a)

A written application shall be filed with the city stating the name and address of the applicant and of the owner of record; the location of the property; the specific special use sought; facts to demonstrate hardship or inability to meet the zoning code, reasons for request for special use in general and for the specific special use sought. A detailed site plan shall accompany the application.

(b)

The planning and zoning commission shall conduct a public hearing thereon, after publication of hearing notice in a newspaper of local circulation at least 15 days but not more than 30 days prior to the date of hearing.

(c)

The applicant shall cause a copy of the notice to be delivered to the owner of record of all property within 300 feet thereof and to the occupants within said 300 feet, and shall so certify at the hearing. Evidence of mailing notice to the person responsible for the last tax bill shall be deemed meeting the owner of record notification requirements.

(d)

Anyone wishing to do so may speak for or against said application.

(e)

The hearing may be adjourned from time to time to afford everyone an opportunity to be heard. A written record shall be kept and shall constitute a public record.

(f)

Upon completion of the hearing, the planning and zoning commission may grant in whole or in part, or deny the petition for special use. In granting a special use it may impose such additional conditions as deemed necessary in the particular case to further the zoning plan and protect surrounding uses.

(g)

The planning and zoning commission shall notify the applicant and the city council of its decision in writing and shall submit their recommendation at a regularly scheduled council meeting for approval by the corporate authorities.

(Code 2008, § 17.450; Ord. No. 09-15, § I(17.450), 11-2-2009)

Upon receipt in proper form of the application and statement referred to in this section, the planning and zoning commission shall hold at least one public hearing on the proposed special use. Not more than 30 days or less than 15 days in advance of such hearing, notice of the time and place of such hearing shall be published in a newspaper of general circulation in the city, as prescribed by applicable state statutes. Supplemental or additional notices may be published or distributed as the commission may, by rule, prescribe from time to time.

(Code 2008, § 17.470; Ord. No. 09-15, § I(17.470), 11-2-2009)

For each application for a special use permit, the planning and zoning commission shall recommend approved with any stipulations, additional conditions, and guarantees, that they feel are necessary for the protection of the public interest. The city council may grant or deny any application for a special use.

(Code 2008, § 17.480; Ord. No. 09-15, § I(17.480), 11-2-2009)

(a)

Findings. No special use shall be recommended by the planning and zoning commission unless such commission shall find that:

(1)

The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.

(2)

The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish or impair property values within the neighborhood.

(3)

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)

Adequate utilities, access roads, drainage, or necessary facilities have been or are being provided.

(5)

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)

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 city council pursuant to the recommendations of the planning and zoning commission.

(7)

Where it is found a use not otherwise acceptable to the neighborhood in which located would be acceptable with certain conditions of use operation and improvement, the planning and zoning commission may recommend requiring the granting of such nonconforming special use subject to specified conditions. Such conditions may include:

a.

Landscape screening or fencing.

b.

Hours of operation.

c.

Night lighting (including parking areas) so as not to be annoying to surrounding properties.

d.

Requirements for access lanes and parking areas to protect pedestrian safety.

e.

Restraint on signage so as to be compatible with surrounding properties.

f.

Limitation on outdoor storage.

g.

Any other such requirements which, in the opinion of the planning and zoning commission or city council, would render the use compatible with surrounding properties.

(8)

When dealing with radio, television, telephone and similar communication towers/antennas and wind generating power devices, which exceed the height limitations of the zoning district in which it would be located, and their associated structures, the following additional special conditions must be met:

a.

All applicable setback requirements and other requirements of a particular zoning district in which the tower is to be located, inclusive of all guy lines and other associated structures, must be met, except for height restrictions.

b.

The tower will be constructed to the minimum height necessary to serve its purpose.

c.

That the tower's proposed location, height and configuration has received prior Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) approval.

d.

That said tower is designed, approved and attested to by a qualified structural engineer, verifying the safety and viability of the tower.

e.

The electronics and other operational apparatus to be attached to the tower must be certified by a qualified electronics engineer that said electronics and other operational apparatus will not interfere with other radio and television signals or other electronic devices or apparatus.

f.

All towers must meet the minimum lighting requirements by the FAA and FCC and such lighting must be shielded, to the extent possible, to prevent illumination of the ground below.

g.

Antenna support structures must be constructed from one of the following materials: aluminum, galvanized steel, or equally weather resistant materials.

h.

All ground mounted antenna support structures exceeding 35 feet in height shall be mounted in concrete and erected in such a manner so as to conform with ANSI/EIA-222-E for minimum basic wind speed for the locale, with one-half-inch radial ice load.

i.

All antenna support structures, whether ground or roof mounted, shall be properly grounded to adequately protect against a direct strike of lightning, in conformance with ANSI/EIA standards.

j.

The planning and zoning commission and city council shall consider the following factors in determining whether or not a special use for a tower/antenna should be granted:

1.

Existing uses and zoning of nearby property;

2.

The extent to which property values are diminished by the tower/antenna in question;

3.

The relative gain to the public as compared to the hardships imposed on the individual property owners;

4.

The suitability of the property for the tower/antenna;

5.

The public need for the tower/antenna; and cultural patterns of nearby property;

6.

Those aesthetic considerations which bear substantially on the economic, social aspects of the community.

(b)

Zero lot line.

(1)

Conditions. Individual dwelling units in any two-family dwelling shall not be sold separately, unless such two-family dwelling has been properly designated as a zero lot line duplex in accordance with the following standards and procedures. No dwelling unit in a two-family dwelling shall be designated or sold as a zero lot line duplex unless each of the following conditions have been met:

a.

Each dwelling unit has a floor area of not less than 1,000 square feet for a single-story unit, and 1,250 square feet for a unit having more than one story. The areas of garages, open porches, cellars and basements shall not be included for the purpose of determining the area of a dwelling unit.

b.

The owner has obtained a plat of survey prepared by an Illinois licensed land surveyor, which plat of survey divides the lot upon which the two-family dwelling is located into a separate sub-lot for each dwelling unit. The survey may be prepared after construction of improvements on the lot, but must in any event be recorded in the office of the county recorder of deeds before title to any portion of the property is transferred by the owner to any third person. The survey shall include not only a scaled and dimensioned outline of the exterior of each dwelling unit, but also a scaled and dimensioned drawing of all other exterior improvements on each sub-lot, including, but not limited to, sidewalks, driveways and patios.

c.

Each sub-lot created by the aforesaid plat of survey shall have an area of not less than 5,000 square feet, and a lot width at the right-of-way line of the street at which the unit is properly addressed of not less than 49 feet six inches for interior lots and 85 feet for corner lots.

d.

Each dwelling unit has separate utility services with separate meters for each service.

e.

The owner of the two-family dwelling prior to its conversion to a zero lot line duplex has prepared covenants which bind all owners of either dwelling unit or their successors in interest. Such covenants shall be of form and content satisfactory to the planning and zoning commission and suitable for recording, and shall address and/or require, at a minimum, the following:

1.

The proper maintenance of the common wall between the individual dwelling units.

2.

The proper maintenance of the dwelling units.

3.

A consistent design and color scheme for the exterior of the dwelling units.

4.

Additions to the dwelling units.

5.

Repair of the dwelling units in the event of damage or destruction.

6.

Regulations concerning the construction, design and location of accessory structures, including, without limitation, garages, storage sheds and fences.

7.

Firewalls shall have been constructed according to the latest edition of the International Boca Building Code for zero lot line approval.

f.

The two-family dwelling meets all other applicable requirements of this zoning code, including, but not limited to, those pertaining to lot areas, yard requirements, and height of buildings.

g.

The two-family dwelling meets all other applicable requirements of this code, including, but not limited to, its building code.

Zero lot line development will require each unit to have a side yard, front yard and a rear yard.

(2)

Procedure.

a.

Any person seeking the designation of an existing or proposed two-family dwelling as a zero lot line duplex, shall submit an application to the zoning administrator on a form prescribed by such administrator, which application shall be accompanied by the following:

1.

Building plans for the two-family dwelling unit.

2.

Proposed covenants which meet the standards hereinabove set forth.

b.

Upon receipt of the aforesaid information, the zoning administrator shall refer the matter first for consideration as a special use under the procedures established in the zoning code for consideration of proposed special uses. Within a reasonable time after submission, the planning and zoning commission shall either approve the application and designate the two-family dwelling unit as a zero lot line duplex, or deny the application and provide a written explanation of the reasons for the denial. Upon approval of an application for designation of a two-family dwelling unit as a zero lot line duplex, the zoning administrator shall, on behalf of the city, sign the plat of survey submitted by the owner. Dwelling units in a zero lot line duplex shall not be sold separately until both the plat of survey and covenants in the forms approved by the zoning administrator have been recorded in the office of the county recorder of deeds with a copy of the recorded plat provided to the zoning administrator.

(3)

Special finding for special use required. No such special use for a zero lot line duplex shall be approved without a conclusion by the planning and zoning commission, in addition to those criteria required pursuant to this chapter, that the proposed zero lot line duplex is consistent in style with other structures in the adjoining neighborhood and that the proposed zero lot line duplex will not detract from the appearance of the neighborhood.

(4)

Prior consultation encouraged. Any person who intends to seek the designation of a two-family dwelling as a zero lot line duplex is encouraged to engage in informal consultations with the zoning administrator prior to the preparation of a formal plat or survey.

(Code 2008, § 17.490; Ord. No. 09-15, § I(17.490), 11-2-2009; Ord. No. 10-13, § I, 11-1-2010)

The discontinuation, abandonment, or enlargement of any special use, or any violation of the conditions, stipulations, or guarantees applicable to any special use shall cause the special use to terminate instantly and without notice. In the event of said termination, the only uses allowed on the land previously subject to the special use shall be the uses permitted in the applicable zoning classification.

(Code 2008, § 17.500; Ord. No. 09-15, § I(17.500), 11-2-2009)