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Freeburg City Zoning Code

ARTICLE XXII

SPECIAL USES

40-22-1 - SPECIAL USE PERMITS.

This Chapter divides the Village 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 Combined Planning and Zoning Board.

(Ord. No. 1712, § 2, 2-16-21)

40-22-2 - 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 Zoning Administrator shall promptly transmit the completed application, together with any comments or recommendation they might have, to the Combined Planning and Zoning Board.

(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 subsection (1):

(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 Zoning Administrator may require.

(Ord. No. 1712, § 2, 2-16-21)

40-22-3 - PUBLIC HEARING; NOTICE.

(A)

The Combined Planning and Zoning Board 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 certified mail to the applicant; and by first-class mail 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 Village.

(Ord. No. 1712, § 2, 2-16-21)

40-22-4 - FACTORS CONSIDERED BY THE BOARD.

The Combined Planning and Zoning Board 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 this Village's comprehensive plan, if any;

(C)

The effect the proposed special use would have on the value of neighboring property and on this Village'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.

(Ord. No. 1712, § 2, 2-16-21)

40-22-5 - DECISION; FINDINGS OF FACT.

The Combined Planning and Zoning Board shall reach a decision on every special-use permit application within a reasonable time after public hearing. In accordance with state law, the Combined Planning and Zoning Board shall specify the terms and conditions of the permit to be granted (if any) in one statement and their 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 Combined Planning and Zoning Board's reasons for granting, with or without modifications and/or conditions, or denying the requested special-use permit.

(Ord. No. 1712, § 2, 2-16-21)

State Law reference— (65 ILCS 5/11-13-11)