Itasca City Zoning Code
§ 14.11
SPECIAL USES.
(See Section 4.04.5.)
1. Purpose. The development and execution of the Zoning Ordinance is based upon the division of the Village into districts, within any one (1) of which the use of land and buildings and structures, as related to the land, are essentially uniform. It is recognized, however, that there are Special Uses which, because of their unique character, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon the public need for the particular use at the particular locations. Such Special Uses fall into two (2) categories:
a. Uses operated by a public agency or publicly regulated utilities or uses traditionally affected with a public interest.
b. Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
2. Authority. Special Uses shall be authorized or denied by the President and Board of Trustees in accordance with the Illinois Compiled Statues as amended and the regulations and conditions set forth in this Ordinance for Special Uses.
No application for a Special Use shall be acted upon by the President and Board of Trustees until after a public hearing before the Plan Commission and a written report of its findings of fact and recommendations have been submitted to the Village Board of Trustees.
3. Initiation of Special Use. Special Uses may be proposed in the manner prescribed for applications for amendments by any person, firm, or corporation, with a proprietary interest in the subject property requesting, or intending to request a zoning certificate.
4. Standards. No Special Use shall be granted by the President and Board of Trustees unless the Special Use:
a. is deemed necessary for the public convenience at the location;
b. is so designated, located and proposed to be operated such that the public health, safety and welfare will be protected;
c. will not cause substantial injury to the value of other property in the neighborhood in which it is located; and has been recommended by the Plan Commission and approved by the President and the Board of Trustees, and conforms, except in the case of a planned development, to the applicable regulations of the district in which it is located.
5. Hearing. Within thirty (30) days of receipt by the Village Clerk of all required application information and payment of any required fees, the Plan Commission shall hold a public hearing on such application at a time and place as shall be established by legal notice of hearing by the Chairperson. The hearing shall be conducted and a transcript of the proceedings shall be preserved in accordance with the rules prescribed by the Plan Commission.
6. Notice of Hearing. Notice of time and place of the hearing shall be published at least once in a local newspaper not more than thirty (30) days, nor less than fifteen (15) days before such hearing. The applicant shall mail notice to all owners of property located within two hundred fifty (250) feet exclusive of public right-of-way from the boundaries of subject property, by certified mail, return receipt requested; evidence of mailing of such notices shall be by the petitioner submitting a certificate listing the names and addresses of all owners of property within said two hundred fifty (250) feet and affidavit that the notice was mailed in compliance with the provisions hereof to said owners. Such notices shall be mailed at least fifteen (15) days prior to the public hearing date. Proof of mailing shall be submitted to the Zoning Administrator not less than seven (7) days prior to the scheduled hearing date. If the foregoing requirements providing for mailed notice of hearing and publication are not complied with in the time frame set forth, the public hearing shall be canceled and the applicant shall be required to pay an additional filing fee if the hearing is rescheduled.
7. Findings of Fact and Recommendation. The Plan Commission shall make written findings of fact and shall submit same together with its recommendations to the Village Board within sixty (60) days following the date of concluding the public hearing on each application, unless said application is withdrawn or tabled by the petitioner.
a. The Plan Commission shall make findings based upon the evidence presented to it in each specific case with respect to the following:
(1) the approval of such Special Use is in the public interest and is not solely for the interest of the applicant;
(2) that the proposed use at that particular location requested is necessary or desirable to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community;
(3) that such use will not under the circumstances of the particular case be detrimental to the health, safety, morals or general welfare of person residing or working in the vicinity or injurious to property values or improvements in the vicinity; and
(4) that the proposed use will comply with the regulations and conditions specified in this Ordinance for such use, and with the stipulations and conditions made a part of the authorization granted by the Village Board of Trustees.
8. Conditions of Special Uses. The Plan Commission may recommend and the President and Board of Trustees may approve variations of provisions of this Ordinance and/or such conditions and restrictions upon the construction, location, and operation of a Special Use, including, but not limited to, provisions for off-street parking and loading, landscaping, screening and yard requirements, as may be deemed necessary to promote the general objectives of this Ordinance and to minimize any potential injury to the value or use of property in the neighborhood.
9. Action by the Village Board.
a. The Village Board shall not act upon proposed Special Use until it shall have received a written report and recommendations from the Plan Commission on the proposed Special Use.
b. The Village Board may grant or deny any application for Special Use, provided, however, that in case of a written protest against any proposed Special Use signed and acknowledged by the owners of twenty (20) percent of the frontage proposed to be altered, or by the owners of twenty (20) percent of the frontage immediately adjoining or across an alley there from; or by the owners of twenty (20) percent of the frontage directly opposite the frontage proposed to be altered, is filed with the Clerk of the Village, or if the Plan Commission has recommended against such Special Use, the Special Use shall not be passed, except by a favorable vote of two-thirds (2/3) of the Trustees then holding office on the Board of Trustees of the Village of Itasca.
c. If an application for a proposed Special Use is not acted upon finally by the Village Board within ninety (90) days of the time the Board received the Plan Commission's recommendations, and such time is not extended by mutual consent of the Village Board and petitioner, it shall be deemed to have been denied.
10. Effect of Denial of Special Use. No application for Special Use which has been denied by the Village Board shall be resubmitted for a period of one (1) year from the date of the order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Plan Commission and the Village Board.
11. In any case where a Special Use has been granted and where the use has not commenced or a building permit has not been obtained within one (1) year, the special use permit approval shall expire and be revoked with the procedures under this Ordinance. The applicant may request one extension of this period for up to one additional year by means of a written request filed at least thirty (30) days prior to the expiration of the initial one-year period. The Village Board shall decide whether to grant or deny the applicant’s request within fifteen (15) days of receipt of the applicants written request.
(Ord. 963-97, passed 4-08-97; Am. Ord. 1287-06, passed 1-17-06; Am. Ord. 2149-50, passed 9-16-25)