The development and execution of this zoning chapter is based upon the division of the village into districts, within which districts the use 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 uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts 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 two categories:

(1)

Uses operated by a public agency or publicly regulated utilities, or uses traditionally affected with a public interest.

(2)

Uses entirely private in character but of such an unusual nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

(Code 1985, § 38-13(8)a; Ord. of 5-13-1986, § 38-13)

The following is a list of uses requiring special use permit. It is not intended to be all-inclusive:

(1)

Mobile home park.

(2)

New and used car sales.

(3)

Drive-in restaurant.

(4)

Drive-in theater.

(5)

Veterinary clinic or hospital.

(6)

Junk yard.

(7)

Railroad terminal or yard.

(8)

Truck terminal.

(9)

Automobile and truck laundries.

(10)

Beauty shop.

(11)

Convalescent homes.

(12)

Sanitarium.

(13)

Landfill.

(14)

Auto rebuilders and/or repair shops.

(15)

A church, temple or other building used for the practice of religion, lodge halls or private clubs (required regardless of underlying zoning).

(16)

Other uses not specifically enumerated in commercial or manufacturing district regulations.

(17)

Day care home.

(18)

Cannabis related businesses:

a.

Adult-use cannabis craft grower

b.

Adult-use cannabis cultivation center.

c.

Adult-use cannabis dispensing organization.

d.

Adult-use cannabis infuser organization.

e.

Adult-use cannabis processing organization

f.

Adult-use cannabis transporting organization.

As defined as such in chapter 114, article I, section 114-2 of the Code of Ordinances of the Village of Lynwood.

(19)

Cemetery.

(Code 1985, § 38-13(8)b; Ord. of 5-13-1986, § 38-13; Ord. No. 00-26, art. I, 11-28-2000; Ord. No. 17-14, § III, 4-11-2017; Ord. No. 20-03, § 2, 4-14-2020; Ord. No. 21-54, § 3, 1-11-2022)

(a)

Any person owning or having a proprietary interest in the subject property or the proposed use may file an application for the issuance of a special use permit. Except as is hereinafter provided with regard to auto permit. Except as is hereinafter provided with regard to auto rebuilding and/or repair shop uses, the special use permit shall be for the conduct of a specified use by specified persons.

(b)

The owner of any property may file an application requesting the issuance of a special use permit for auto rebuilding and/or repair shop. If granted, such special use permit may be issued in the name of the owner of the property and may allow the use of the property (or a specific portion thereof) for auto rebuilding and/or repair for a period from the first day of the month after the permit is issued through the third April 30th following the issuance thereof. The owner of the property and the operator of the business shall be jointly and severally liable for compliance with all terms and conditions of such special use permit (or permits if more than one permit is issued to the owner for a particular piece of property). In the event that the use shall require a license from the village, it is the responsibility of the owner of the property to see that the operator obtains such license and keeps the same in force at all times during the continuance of the special use permit. Such special use permit shall expire automatically on the third April 30th following the issuance thereof, as set forth above. The owner may obtain a new permit upon filing a petition and following the procedure required for the initial issuance of such a special use.

(Code 1985, § 38-13(8)c; Ord. of 5-13-1986, § 38-13)

An application for a special use shall be acted upon by the board of trustees only after a public hearing has been held by the plan commission, and the findings and recommendations of the plan commission have been reported to the board of trustees. The plan commission of the village is hereby designated as the commission or committee, as provided by the statutes of the state, for the purpose of conducting the required public hearings. Notice of the time and place of such public hearing shall be given at least once not more than 30 nor less than 15 days before the hearing by publishing a notice thereof in one or more newspapers published in the village, or if no newspaper is published therein, then in one or more newspapers with a general circulation within the village. Notice of the time and place of such public hearing shall also be posted on the bulletin board in the village hall not less than 15 days before the hearing.

(Code 1985, § 38-13(8)d; Ord. of 5-13-1986, § 38-13)

An application for a special use shall be filed with the village clerk and shall be accompanied by such information as shall be established from time to time by the plan commission. The application shall be accompanied by a natural resource information report from the Will-South Cook Soil and Water Conservation District, where new construction is involved.

(Code 1985, § 38-13(8)e; Ord. of 5-13-1986, § 38-13)

No special use shall be recommended by the plan commission unless said plan commission shall find:

(1)

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

(2)

That 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 and impair property values within the neighborhood.

(3)

That the establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

(4)

That adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided.

(5)

That 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)

That 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 board of trustees pursuant to the recommendations of the plan commission.

(Code 1985, § 38-13(8)f; Ord. of 5-13-1986, § 38-13)

(a)

Prior to granting any special use, the plan commission may recommend, and the board of trustees may stipulate certain conditions and restrictions, including, but not limited to, those upon the establishment, location, construction, maintenance, and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified herein, or as may be from time to time required. In all cases in which special uses are granted, the board of trustees shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be complied with, including, but not limited to, the acceptance in writing of the owner of the property involved and other interested parties of the conditions and guarantees set forth within the zoning chapter. A copy of the chapter bearing the acceptance may be recorded in the office of the recorder of deeds of the county.

(b)

The acceptance shall be in approximately the following form:

The undersigned being the (owner, tenant, contract purchaser, etc.,) of the property legally described in this chapter number do/does hereby accept and agree to abide by the requirements and guarantees contained and required within this chapter; and does hereby acknowledge that the fulfillment of such conditions and guarantees are essential to the granting and continuation of the special use allowed herein, and that but for the imposition of these requirements and guarantees the special use would not have been granted. The undersigned do/does further certify and agree that such conditions and guarantees shall equally bind and be effective against any and all successor/successors to the interest of the undersigned. The commitment herein made shall run with the land and shall be enforceable by the village in a court of law or equity in addition to any and all other remedies available to the village to secure compliance with the conditions and guarantees agreed to herein.

(Code 1985, § 38-13(8)g; Ord. of 5-13-1986, § 38-13)

(a)

If work on the proposed development has not begun within 12 months from the date of the authorization of the board of trustees, the authorization shall become null and void and all rights thereunder shall lapse. Upon written application, filed prior to the termination of the 12-month time limit, the board of trustees may authorize a single extension of the time limit for a further period of not more than six months.

(b)

A special use permit may be terminated for violation of terms and conditions contained therein. The initial determination to terminate shall be made by the building commissioner (as zoning administrator). At least seven days prior to any such determination, the building commissioner shall, in writing, notify the party to whom the permit was issued of the alleged violations of terms and conditions of the special use permit. The holder of the permit shall have five days after receipt of such notice to present to the building commissioner any evidence or other information he so desires. The building commissioner shall make a report of his findings and of his recommendation to the president and board of trustees. A copy of said findings and recommendation shall be served upon the holder of the permit. The holder of the permit may file an appeal with the zoning board of appeals within 14 days after service upon him. The president and board of trustees may act upon such recommendations at regular meeting scheduled on or after the expiration of said 14-day appeal period.

(c)

As to the "three-year owner permit" issued in accordance with section 114-444(b), the termination may be of the permit in its entirety, or may be as to only a particular business being operated thereunder, or a particular portion of premises. Should the building commissioner (as zoning administrator) determine that less than all of the business being operated on a specific property under such a special use are operating in violation thereof, at his discretion, he may commence the termination procedure as to that business or those businesses solely. Likewise, even though the building commissioner (as zoning administrator) may commence termination proceedings on such a special use permit, should the facts warrant same, the president and board of trustees may partially terminate the same.

(d)

Service of any notice may be made by certified mail or by personal delivery.

(Code 1985, § 38-13(8)h; Ord. of 5-13-1986, § 38-13)

Any person, firm or corporation violating any provision relating to special uses shall be fined not less than $15.00, nor more than $500.00 for each offense, and a separate offense shall be deemed committed on each day during or operating under the property owner special use permit (refer to section 114-449), the operation of each business shall constitute a separate offense. All fines will be handled in the prescribed manner. The enforcing officer will be the building commissioner.

(Code 1985, § 38-13(8)i; Ord. of 5-13-1986, § 38-13)