This Code divides this municipality into various districts, and permits in each district 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 use, 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 by permission of the Board of Aldermen.

(Ord. passed 8-3-2022)

Every applicant for a special-use permit shall submit to the Administrator, in narrative or graphic form, any or all of the items of information enumerated in section 9-7-4 that he or she may require. When the application is complete, the Administrator shall forward the application and his recommendation to the Planning Commission for further consideration.

(Ord. passed 8-3-2022)

The Planning Commission shall hold a public hearing on any application for a special-use permit not later than sixty (60) days after its filing. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney.

(Ord. passed 8-3-2022)

Notice of the public hearing shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:

   A.   By registered mail to the applicant and to every owner of property adjacent to the premises for which the special use permit is requested; and

   B.   By publication in a newspaper of general circulation within this municipality.

This notice shall indicate the time, date, and place of the hearing, the particular location for which the special use permit is requested, and the nature of the proposed special use.

(Ord. passed 8-3-2022)

The Planning Commission shall make their recommendation to the Board of Aldermen, and shall consider the following factors:

   A.   Whether the proposed design, location, and manner of operation, of the proposed special use is protective of the public health, safety, and welfare;

   B.   The effect the proposal would have on the value of neighboring property;

   C.   The effect the proposal would have on this municipality's overall tax base;

   D.   The effect the proposal would have on the public utilities and on the traffic circulation on nearby streets; and

   E.   Whether there are any facilities nearby that require special protection.

(Ord. passed 8-3-2022)

The Planning Commission shall recommend to the Board of Aldermen the denial or approval of the proposed planned unit development and shall include not only conclusions, but also findings of fact related to the specific proposal and shall set forth with particularity what aspects of the proposal would or would not be in the public interest including, but not limited to findings of fact on the following:

   A.   In what respects the proposed plan is or is not consistent with the stated purposes of the planned unit development regulations;

   B.   The extent to which the proposed plan meets the requirements and standards of the planned unit development regulations;

   C.   The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, the density, dimensions, area, bulk, and uses, and the reasons why such departures are or are not deemed to be in the public interest;

   D.   The physical design of the proposed plan and the manner in which said design does or does not make adequate provisions for public services, provide adequate control over vehicular traffic, provide for and protect designated common open space and further the amenities of light and air, recreation, and visual enjoyment.

(Ord. passed 8-3-2022)

The Planning Commission shall submit their finding of fact and recommendation to the Board of Aldermen not later than ten (10) days after the public hearing.

(Ord. passed 8-3-2022)

The Board may grant a special use permit by simple majority vote, provided that such special use as conditioned, is:

   A.   Protective of the public health, safety, and welfare;

   B.   In keeping with the general purposes of this Code;

   C.   Consistent with the characteristics of the general nature of the area in which the special use is to be located.

(Ord. passed 8-3-2022)

As set forth at section 9-3 7, requests for temporary use permits shall be treated in the same manner as requests for special use permits. The Board of Aldermen shall issue no temporary use permit for a period longer than one (1) year but may renew any such permit for cause.

(Ord. passed 8-3-2022)

In accordance with Illinois law and the provisions of this section, the Board of Aldermen may amend the regulations imposed and the districts established in this Code. Any proposed alteration of district boundaries or proposed change in the status of any use-whether permitted, special, or prohibited-shall be treated as a proposed amendment, and dealt with accordingly. Amendments may be proposed by the Board of Aldermen, the Administrator, Planning Commission, or ay party of interest.

(Ord. passed 8-3-2022)

Any proposal to amend this Code shall be filed on a prescribed form with the Administrator, who shall forward it, together with his recommendation, to the Planning Commission.

(Ord. passed 8-3-2022)

The Planning Commission shall hold a public hearing on every amendment proposal not later than sixty (60) days after its filing. At the hearing any interested party may appear and testify.

(Ord. passed 8-3-2022)

Notice of the public hearing shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:

   A.   By registered mail to the applicant and to every owner of property adjacent to the premises for which the amendment is requested; and

   B.   By publication in a newspaper of general circulation within this Municipality.

This notice shall indicate the time, date, and place of the hearing, the particular location for which the special use permit is requested, and the nature of the proposed special use.

(Ord. passed 8-3-2022)

Not later than ten (10) days after the public hearing, the Planning Commission shall submit their advisory report/findings of fact to the Board of Aldermen. The Planning Commission shall not recommend the adoption of any amendment unless they find that such amendment is in the public interest and not merely for the benefit of the party proposing it. Where the effect of a proposed amendment is to alter district boundaries or to change any use (permitted, special, or prohibited), the Planning Commission shall make findings regarding all of the following matters:

   A.   Existing uses of property in the vicinity of the property in question;

   B.   The district classification of property in the vicinity of the property in question;

   C.   The suitability of the property in question for uses already permitted under the existing district classification;

   D.   The trend of development in the vicinity of the property in question, including changes (if any) which may have taken place since that property was placed in its present district classification.

(Ord. passed 8-3-2022)

The Board of Aldermen shall act on every proposed amendment at their next regularly scheduled meeting following submission of the Planning Commission's advisory report. Except as provided by section 9-8-17, the Board of Aldermen may by simple majority vote, pass any proposed amendment or may refer it back to the Planning Commission for further consideration.

(Ord. passed 8-3-2022)

The favorable vote of at least two thirds (2/3) of the members of the Board of Aldermen is required to pass an amendment to this Code in each of the following instances:

   A.   When passage would be contrary to the recommendation of the Planning Commission.

   B.   When the amendment is opposed, in writing, by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered. Such written protest must be filed with the City Clerk.

(Ord. passed 8-3-2022)

In cases of written protest to an amendment of this Code as prescribed in subsection 9-8-17B, a copy of the written protest shall be served by the protester or protesters on the applicant for the proposed amendment and a copy upon the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment.

(Ord. passed 8-3-2022)