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Evergreen Park City Zoning Code

ARTICLE VI

SPECIAL USES, PLANNED DEVELOPMENTS

Sec. 25-60. Special Use Permits.

   A.   Special Uses. The following uses are special uses and may not be developed without a special use permit. The list is not all inclusive and is only an example of the types of uses which require a special use permit. In interpreting the use designations, reference should be made to the Standard Industrial Classification Manual. SIC codes are given in parentheses following each use listing, when available.
      1.   Adult Book Store, Adult Entertainment Cabaret, Adult Mini Motion Picture Theaters, and Adult Motion Picture Theater (but not within 500 feet of a dwelling unit located within the Village)
      2.   Adult Day Care Services (832)
      3.   Agricultural, Food and Industrial Research & Development Laboratories (7391)
      4.   Amusement and Recreation Services (7999)
      5.   Auto Supply and Parts Stores
      6.   Automotive Repair Shops (753)
      7.   Automotive Repair Shops not classified elsewhere (7539)
      8.   Billiard Parlor (7999)
      9.   Bingo Parlor (7999)
      10.   Boat Dealers (555)
      11.   Bowling Alley (7933)
      12.   Business Associations (861)
      13.   Car Washes (7542)
      14.   Child Day Care Services (835)
      15.   Commercial Testing and Laboratories (8734)
      16.   Correspondence, Business, Secretarial and Vocational Schools (824)
      17.   Drive-in Eating Places (5812)
      18.   Fuel Dealers (598)
      19.   Gasoline Service Stations, including food service (554)
      20.   Heavy Construction Equipment Rental and Leasing (7353)
      21.   Hotels and Motels (701)
      22.   Job Training and Vocational Rehabilitation Services (833)
         22.1   Laundromats, Including Self-Service Laundry and Drycleaning (7215)
         22.2   Loan Institutions when the Predominant Business is Short-Term Loans, Typically on Paychecks, Post-Dated Checks and Vehicle Titles (6141)
      23.   Lumber and Other Building Materials Dealers (521)
      24.   Lumber and Other Construction Materials (503)
      25.   Manufacturing (Division D)
      26.   Massage Parlors (7299)
      27.   Membership Sports and Recreation Clubs (7997)
      28.   Motion Picture Theaters (7832)
      29.   Nightclubs, Cabarets, Discotheques and Dance Clubs
      30.   Nursery and Pre-Kindergarten Schools (8351)
      31.   Nursing and Personal Care Facility (805)
      32.   Outdoor Automatic Teller Machines when not on the same property as a financial institution
      33.   Outdoor Live Entertainment
      34.   Outdoor Seating Accessory To Permitted Eating Places
      35.   Outdoor Uncontained Bulk Storage
      36.   Pawn Shops (5932)
      37.   Physical Fitness Facilities (7991)
      38.   Planned Developments
         38.1   Public and Private Elementary and High Schools
      39.   Public Utility Yards and Facilities (49)
      40.   Public Warehousing and Storage (422)
      41.   Recycling Facility and any other use regulated by the Illinois Environmental Protection Agency but which does not require siting approval
      42.   Research, Development and Testing Services (873)
      43.   Residential Care Facility (8351)
      44.   Scrap and Waste Materials (5093)
      45.   Teen Dances and parties open to the public for charge
      46.   Tire Retreading and Repair Shops (7534)
      47.   Top, Body and Upholstery Repair Shops and Paint Shops (7532)
      48.   Transitional Service Facility
      49.   Truck Rental and Leasing (7513)
      50.   Cannabis Dispensing Organizations, provided the facilities otherwise comply with the provisions of Article X.
      51.   Any use not a permitted use in that zoning district
   B.   Purpose. Special uses are those uses having some special impact or uniqueness that require a careful review of their location, design, configuration, and special impact to determine, against fixed standards, the desirability of permitting their establishment on any given site. They are uses that may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect.
   C.   Procedure.
      1.   Application. Applications for special use permits shall be filed with the Zoning Board of Appeals.
      2.   Public Hearing. A public hearing shall be set, noticed, and conducted by the Zoning Board of Appeals.
      3.   Action by Zoning Board of Appeals. Within 60 days after the conclusion of the public hearing, the Zoning Board of Appeals shall transmit to the Board of Trustees its recommendation either granting the application for a special use permit; granting the application subject to conditions, or denying the application. The failure of the Zoning Board of Appeals to act within such 60 days, or such further time to which the applicant may agree, shall be deemed a recommendation for the denial of the proposed special use permit.
      4.   Action by Board of Trustees. Within 45 days after the receipt of the recommendation of the Zoning Board of Appeals, or its failure to act as above provided, the Board of Trustees shall either deny the application or, by ordinance duly passed, shall grant the special use permit, with or without modifications or conditions. The failure of the Board of Trustees to act within such 45 days, or such further time to which the applicant may agree, shall be deemed a decision denying the special use permit.
   D.   Standards for Special Use Permits.
      1.   General Standards. No special use permit shall be granted pursuant to this Section unless the applicant shall establish that:
         (a)   Code and Plan Purposes. The proposed use and development will be in harmony with the general and specific purposes for which this Code was enacted and for which the regulations of the district in question were established.
         (b)   No Undue Adverse Impact. The proposed use and development will not have a substantial or undue adverse effect upon adjacent property, the character of the area, or the public health, safety, and general welfare.
         (c)   No Interference with Surrounding Development. The proposed use and development will be constructed, arranged, and operated so as not to dominate the immediate vicinity or to interfere with the use and development of neighboring property in accordance with the applicable district regulations.
         (d)   Adequate Public Facilities. The proposed use and development will be served adequately by essential public facilities and services such as streets, public utilities, drainage structures, police and fire protection, refuse disposal, parks, libraries, and schools, or the applicant will provide adequately for such services.
         (e)   No Traffic Congestion. The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets.
         (f)   No-Destruction of Significant Features. The proposed use and development will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance.
         (g)   Compliance with Standards. The proposed use and development complies with all standards imposed on that use and any district where it is a permitted use.
      2.   Considerations. In determining whether the applicant's evidence establishes that the foregoing standards have been met, the Zoning Board of Appeals shall consider:
         (a)   Public Benefit. Whether and to what extent, the proposed use and development at the particular location requested is necessary or desirable to provide a service or a facility that is in the interest of the public convenience or that will contribute to the general welfare of the neighborhood or community.
         (b)   Alternative Locations. Whether and to what extent, such public goals can be met by the location of the proposed use and development at some other site or in some other area that may be more appropriate than the proposed site.
         (c)   Mitigation of Adverse Impacts. Whether and to what extent, all steps possible have been taken to minimize any adverse effects of the proposed use and development on the immediate vicinity through building design, site design, landscaping, and screening.
   E.   Conditions on Special Use Permits. The Zoning Board of Appeals may recommend and the Board of Trustees may impose such conditions and limitations concerning use, construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this Code upon the premises benefited by a special use permit as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services; provided, however, that such conditions shall not be used as a device to grant a permit for a special use that is intended to be temporary in nature. Such conditions shall be expressly set forth in the ordinance granting the special use. Violation of any such condition or limitation shall be a violation of this Code and shall constitute grounds for revocation of the special use permit.
   F.   Affidavit of Compliance with Conditions; Fee. Whenever any special use permit granted pursuant to this Section is made subject to conditions or limitations to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the Building Commissioner so stating. Such affidavit shall be accompanied by a nonrefundable fee, to be fixed in each case by the Building Commissioner, to recover the Village's actual direct cost of an inspection to verify that such conditions and limitations have been met.
   G.   Effect of Issuance of a Special Use Permit. The grant of a special use permit shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits or approvals that may be required by the codes and ordinances of the Village.
   H.   Limitations on Special Use Permits. Subject to an extension of time granted by the Building Commissioner no special use permit shall be valid for a period longer than one year unless a Building Permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a Certificate of Occupancy is issued and a use commenced within that period.
   A special use permit shall be deemed to authorize only the particular use for which it was issued, and such permit shall automatically expire and cease to be of any force or effect if such use shall, for any reason, be discontinued for a period of six consecutive months or more.
   Except when otherwise provided in the Ordinance granting a special use permit, a special use permit shall be deemed to relate to, and be for the benefit of, the use and property in question rather than the owner or operator of such use or property
   I.   Amendments to Special Use Permits. A special use permit may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this Section for its original approval.
(Am. Ord. No. 4-2014 § 2, 2-3-14; Am. Ord. No. 16-2021 § 2, 10-4-21)

Sec. 25-61. Planned Developments.

   A.   Purpose. Planned developments are included in this Code as a distinct category of special use. As such, they are authorized in every zoning district. In particular, however, the planned development technique is intended to allow the relaxation of otherwise applicable substantive requirements based upon procedural protections providing for detailed review of individual proposals for significant developments. This special regulatory technique is included in this Code in recognition of the fact that traditional use, bulk, space, and yard regulations which may be useful in protecting the character of substantially developed and stable areas may impose inappropriate pre-regulations and rigidities upon the development or redevelopment of parcels or areas that lend themselves to an individual, planned approach. Through the flexibility of the planned development technique, the Village seeks to achieve the following specific objectives:
      1.   Creation of a more desirable environment than would be possible through strict application of other Village land use regulations.
      2.   Efficient use of land resulting in smaller networks of utilities and streets while lowering development and housing costs.
      3.   Promotion of a creative approach to the use of land and related physical facilities resulting in better design and development, including aesthetic amenities.
      4.   Combination and coordination of architectural styles, building forms, and building relationships.
      5.   Preservation and enhancement of desirable site characteristics such as natural topography, vegetation, and geologic features, and the prevention of soil erosion.
      6.   Provision for the preservation and beneficial use of open space.
      7.   An increase in the amount of open space over that which would result from the application of conventional subdivision and zoning regulations.
      8.   Encouragement of land uses that promote the public health, safety and general welfare.
   B.    Procedure.
      1.   Application. Applications for a planned development shall be filed with the Zoning Board of Appeals and shall contain a Final Plan detailing:
         (a)   categories of uses to be permitted; and
         (b)   general location of residential and nonresidential land uses; and
         (c)   overall maximum density of residential uses and intensity of nonresidential uses; and
         (d)   the general architectural style of the proposed development; and
         (e)   general location and extent of public and private open space including recreational amenities; and
         (f)   general location of vehicular and pedestrian circulation systems; and
         (g)   staging of development; and
         (h)   nature, scope, and extent of public dedications, improvements, or contributions to be provided by the applicant.
      2.   Public Hearing. A public hearing shall be set, noticed, and conducted by the Zoning Board of Appeals.
      3.   Subdivision. When a subdivision of land is proposed in connection with a planned development, review of the final plat of the proposed subdivision shall be carried out simultaneously with review of the Final Plan.
      4.   Action by Zoning Board of Appeals. Within 60 days after the conclusion of the public hearing, the Zoning Board of Appeals shall transmit to the Board of Trustees its recommendation either granting the application for planned development; granting the application subject to conditions, or denying the application. The failure of the Zoning Board of Appeals to act within such 60 days, or such further time to which the applicant may agree, shall be deemed a recommendation for the denial of the proposed planned development.
      5.   Action by Board of Trustees. Within 45 days after the receipt of the recommendation of the Zoning Board of Appeals, or its failure to act as above provided, the Board of Trustees shall either deny the application or, by ordinance duly passed, shall approve the planned development, with or without modifications or conditions. The failure of the Board of Trustees to act within such 45 days, or such further time to which the applicant may agree, shall be deemed a decision denying the planned development.
   C.   Standards for Planned Developments. No planned development shall be granted pursuant to this section unless the application shall establish that:
      1.   Special Use Permit Standards. The proposed development will meet each of the standards made applicable to special uses pursuant to Section 25-60 of this Code.
      2   Unified Ownership Required. The entire property proposed for planned development treatment shall be in single ownership or under such unified control as to ensure that the entire property will be developed as a unified whole. All owners of the property shall be included as joint applicants on all applications and all approvals shall bind all owners. The violation of any owner as to any tract shall be deemed a violation as to all owners and all tracts.
      3.   Minimum Area. The district regulations of this Code establishing standards for particular types of planned developments specify the minimum area required for some planned developments. In addition to meeting that specific standard, or where no specific standard is set, the applicant shall have the burden of establishing that the subject property is of sufficient size and shape to be planned and developed as a unified whole capable of meeting the objectives for which planned developments may be established pursuant to this Section.
      4.   Covenants and Restrictions to be Enforceable by Village. All covenants, deed restrictions, easements, and similar restrictions to be recorded in connection with the planned development shall provide that they may not be modified, removed, or released without the express consent of the Board of Trustees and that they may be enforced by the Village as well as by future landowners within the proposed development.
      5.   Public Open Space and Contributions. Whenever the development will create a need for land for public purposes of the Village within the proposed planned development, the Board of Trustees may require that such area be designated and to the extent such need is specifically and uniquely attributable to the proposed development, dedicated to the Village for such use. In addition, the Board of Trustees may require evidence that all requirements of Village ordinances pertaining to the dedication of land or the contribution of cash in connection with subdivisions or developments of land have been met as respects the proposed planned development, whether or not such proposed development would be otherwise subject to such ordinances.
      6.   Common Open Space.
         (a)   Amount, Location, and Use. The failure of a planned development to provide common open space shall be considered to be an indication that it has not satisfied the objectives for which such developments may be approved pursuant to this Code. When common open space is provided in a planned development, the amount and location of such open space shall be consistent with its intended function as set forth in the application and planned development plans. No such open space shall be used for the construction of any structure or improvement except such structures and improvements as may be approved in the Final Plan as appropriate to the intended leisure and recreational uses for which such open space is intended.
         (b)   Preservation. Adequate safeguards, including recorded covenants or dedication of development rights, shall be provided to prevent the subsequent use of common open space for any use, structure, improvement, or development other than that shown on the approved Final Plan. The restrictions must be permanent and not for a given period of years and must run with the land.
         (c)   Ownership and Maintenance. The Final Plan shall include such provisions for the ownership and maintenance of such open space and improvements as are reasonably necessary to ensure their continuity, care, conservation, maintenance, and operation in accordance with predetermined standards and to ensure that remedial measures will be available to the Village if such open space or improvements are permitted to deteriorate or are not maintained in a condition consistent with the best interests of the planned development or the Village.
         (d)   Property Owners' Association. When the requirements of the preceding Subparagraph are to be satisfied by the ownership or maintenance of such open space or improvements by a property owners' association, such association shall meet each of the following standards:
            (1)   the by-laws and rules of the association and all declarations, covenants, and restrictions to be recorded must be approved as part of the Final Plan prior to becoming effective. Each such document shall provide that it shall not be amended in any manner that would result in it being a violation of the requirements of this subparagraph; and
            (2)   the association must be established and all covenants and restrictions must be recorded prior to the sale of any property within the area of the planned development designated to have the exclusive use of the proposed open space or improvements; and
            (3)   the association must be responsible for casualty and liability insurance, taxes, and the maintenance of the open space and improvements to be deeded to it; and
            (4)   membership in the association must be mandatory for each property owner and any successive owner having a right to the use or enjoyment of such open space or improvements; and
            (5)   every property owner having a right to the use or enjoyment of such open space or improvements must pay its pro rata share of the cost of the association by means of an assessment to be levied by the association that meets the requirements for becoming a lien on the property in accordance with statutes of the State of Illinois; and
            (6)   the association must have the right to adjust the assessment to meet changed needs. The membership vote required to authorize such adjustment shall not be fixed at more than two-thirds of the members voting on the issue; and
            (7)   the Village must be given the right to enforce the covenants; and
            (8)   the Village must be given the right, after 10 days' written notice to the association, to perform any maintenance or repair work that the association has neglected to perform, to assess the membership for such work and to have a lien against the property for any member failing to pay such assessment. For this purpose alone, the Village shall have all the rights and powers of the association and its governing body under the agreements and declarations creating the association.
      7.   Landscaping and Perimeter Treatment. Any area of a planned development not used for structures or circulation elements shall be landscaped or otherwise improved. The perimeter of the planned development shall be treated so as to ensure compatibility with surrounding uses by means such as provision of compatible uses and structures, setbacks, screening, or natural or man-made buffers. Every planned development having 20 or more acres shall provide a perimeter landscaped open space along each of its boundaries; each such open space shall have a minimum depth equal to the minimum front yard required in the district in which it is located or which it abuts, whichever is greater.
      8.   Private Streets. Private streets are prohibited unless expressly approved by the Board of Trustees. If so approved, they shall meet all construction standards applicable to public streets. No such streets shall be approved except upon the condition that they shall be owned and maintained by a property owners' association.
      9.   Sidewalks. A sidewalk shall be provided along at least one side of every street in or abutting a planned development; provided, however, that such sidewalk may be constructed in a street right-of-way or as a specific element of the design of the planned development.
      10.   Utilities. All utility lines shall be installed underground.
   D.   Conditions on Planned Developments. The Zoning Board of Appeals may recommend and the Board of Trustees may impose such conditions and limitations concerning use, construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this Code upon the premises benefited by a planned development as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services; provided, however, that such conditions shall not be used as a device to approve a planned development that is intended to be temporary in nature. Such conditions shall be expressly set forth in the ordinance granting the planned development. Violation of any such condition or limitation shall be a violation of this Code and shall constitute grounds for revocation of the planned development approval.
   E.   Affidavit of Compliance with Conditions; Fee. Whenever any planned development granted pursuant to this Section is made subject to conditions or limitations to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the Building Commissioner so stating. Such affidavit shall be accompanied by a nonrefundable fee, to be fixed in each case by the Building Commissioner, to recover the Village's actual direct cost of an inspection to verify that such conditions and limitations have been met.
   F.   Effect of Approval of a Planned Development. The approval of a planned development shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits or approvals that may be required by the codes and ordinances of the Village.
   G.   Limitations on Planned Development Permits. Subject to an extension of time granted by the Building Commissioner no permit for a planned development shall be valid for a period longer than one year unless a Building Permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a Certificate of Occupancy is issued and a use commenced within that period.
   A planned development permit shall be deemed to authorize only the particular use for which it was issued, and such permit shall automatically expire and cease to be of any force or effect if such use shall, for any reason, be discontinued for a period of six consecutive months or more.
   Except when otherwise provided in the Ordinance approving a planned development, a planned development permit shall be deemed to relate to, and be for the benefit of, the use and property in question rather than the owner or operator of such use or property
   H.   Amendments to Planned Development Permits. A planned development permit may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this Section for its original approval.