Mclean County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE VIII
Special Use Permits
§ 350-54 General considerations.
A.
Purpose. Because of their unique and potentially harmful characteristics, the uses set forth in this article shall be located in a district or districts only upon consideration in each case of the impact of such use upon neighboring land and of the public need for such a use at the particular location. Such uses, hereby designated as "special uses," fall into three categories:
(1)
Uses either governmentally owned and operated or operated by regulated public utilities or traditionally affected by a public interest.
(2)
Uses entirely private in character but of such a nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
(3)
Planned developments.
B.
Delegation of power. The County Board is hereby authorized to decide whether special use permits shall be granted subject to the general and specific standards contained in this chapter; to grant special use permits with such conditions or restrictions as are appropriate to protect the public interest and to secure compliance with these regulations; and to deny requests which fail to satisfy the standards and requirements contained herein and which are not in harmony with the purposes and interest of these regulations and the health, safety, and welfare of the community. The County Board shall not act on a special use permit application until after a public hearing has been held by the Zoning Board of Appeals. In no event shall a special use permit be granted where the proposed use is not authorized by the terms of these regulations, or where the standards of this article are not found to exist.
C.
Conditions and guarantees. Prior to the granting of any special use permit, the Zoning Board of Appeals may recommend and the County Board may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use permit as are deemed necessary for the protection of the public interest and to secure compliance with the standards and conditions contained herein. In all cases in which a special use permit is granted, the Zoning Board of Appeals may recommend or the County Board may require such evidence and guarantees as may be deemed necessary to ensure that the conditions stipulated are being, and will be, fully complied with.
§ 350-55 Procedures.
A.
General special uses.
(1)
Application. A written application for a general special use permit shall be filed with the Director of Building and Zoning on forms prescribed by the Director of Building and Zoning. Each general special use permit application shall include a statement indicating the section of this chapter under which the permit is sought, the grounds upon which it is requested, and sufficient evidence to show that the use will conform to the standards set forth. The application shall be accompanied by an area map and site plan of the subject property.
(2)
Fees. Each application for a general special use permit shall be subject to a filing fee as established by the County Board and the actual cost of publishing the public hearing notice.
(3)
Site plan. All applicants for a general special use permit shall submit with their application three copies of a development plan for the property which shall include the following:
(4)
Hearing. Upon receipt of the formal application and all accompanying material, the Director of Building and Zoning shall call a public hearing for the next scheduled meeting of the Zoning Board of Appeals; provided, however, that notice must be published in a newspaper of general circulation not more than 30 days and not less than 15 days prior to the date set for hearing. In the case of a wind energy conversion system (WECS) application, if the site plan contemplates placement of more than five WECS towers within one mile of an occupied residence, the applicant shall provide notice via certified mail to each such residence stating that the proposed site plan includes placement of more than five towers within one mile of the residence, said notice to be provided not less than 30 days prior to the public hearing.
[Amended 3-10-2022]
(5)
Recommendation. The Zoning Board of Appeals shall submit a written report and recommendation to the County Board within 30 days after the close of the public hearing. The concurring vote of at least four members of the Zoning Board of Appeals shall be necessary in order to recommend approval to the County Board of a special use permit application.
[Amended 6-17-2008]
(6)
Findings. In making a recommendation to the County Board, the Zoning Board of Appeals shall specify the particular grounds relied upon and their relation to the proposed use and shall make affirmative findings that the proposed use conforms with the general standards set forth in this article. In no case shall a special use permit be granted if the proposed use will constitute a nuisance or a public health or safety hazard to adjacent properties or to the community at large.
(7)
Action by County Board. The County Board shall consider the Zoning Board of Appeals' recommendation at the next regularly scheduled County Board meeting for which the agenda item can be docketed. The County Board, upon receiving the written report and recommendation of the Zoning Board of Appeals, may, by majority vote, grant or deny any proposed special use permit or may refer it back to the Zoning Board of Appeals for further consideration. If said application for a proposed special use permit is not acted upon finally by the County Board within 120 days of the date upon which such application is received by the County Board, it shall be deemed to have been denied.
B.
Planned developments.
(1)
Purpose. The purpose of planned developments is:
(a)
To encourage improved design in the development of land by providing relief from the traditional zoning requirements which are designed for conventional developments.
(b)
To avoid creating an undue hardship or complications for desirable but unconventional developments.
(c)
To establish standards and procedures for the issuance of a special use permit for a planned development to meet the following objectives:
[1]
Environmental design in the development of land that is of a higher quality than is normally possible through the strict application of zoning ordinance requirements.
[2]
Preservation of natural features of a development site.
[3]
Provide for the functional and beneficial use of open spaces.
[4]
Provide for a safe and desirable living environment in areas characterized as a unified building and site development program.
[5]
Creation of a compatible arrangements of buildings and uses to provide a greater choice of living, working, and shopping environments.
(2)
Concept plan. An applicant may submit a concept plan to the Zoning Board of Appeals for tentative review and approval. The intent of this procedure is to give the applicant an idea if the proposed development is acceptable to the County prior to incurring the expenses associated with preparing a map amendment and preliminary subdivision plan.
(a)
A concept plan shall include maps and written statements and shall describe the relationship of the proposed planned development to the surrounding areas.
[1]
Maps and plans that are part of the concept plan may be in general form and shall contain the proposed land uses, the natural features of the site, the character and density of proposed land uses, the approximate location of all streets, roads and utility systems.
[2]
The written statement shall contain a general explanation of the size and character of the proposed planned development and expected schedule of construction.
(b)
The McLean County Zoning Board of Appeals shall review the concept plan within 60 days after receipt of such plan and shall submit a written report and its recommendation to the County Board.
(3)
Modification of zoning district and Subdivision Ordinance regulations. Planned developments shall be constructed in zoning districts as a special use permit subject to the standards and procedures set forth in this article.
(a)
Except as modified by and approved by a final subdivision plat, a planned development shall be governed by the regulations of Chapter 317, Subdivision of Land, and the zoning district or districts in which the planned development is located.
(b)
The ordinance approving the planned development and the final subdivision plat may provide variations from the design standards of Chapter 317, Subdivision of Land, and the zoning district regulations governing use, density, area, bulk regulations, parking, screening, berming, signs, open storage, impervious surface limitations and required open space. No modification of the zoning district requirements or the design standards of Chapter 317, Subdivision of Land, may be allowed when such modifications result in:
[1]
Inconvenient or unsafe access to the planned development;
[2]
Traffic congestion in the streets and roads which adjoin the planned development; or
[3]
An undue or disproportionate burden on the parks, schools, fire and police protection and other public facilities which serve or are proposed to serve the planned development.
(c)
Before submitting an application for a planned development, the applicant shall confer with the McLean County Department of Building and Zoning to obtain information and guidance before entering into binding commitments or incurring substantial expense.
(d)
Application shall be made on forms supplied by the McLean County Department of Building and Zoning.
(e)
An application for a planned development must be accompanied by either a concept plan or a preliminary subdivision plan. If the applicant selects the concept plan option, the concept plan shall be submitted to the Zoning Board of Appeals for analysis and recommendation to the County Board. If the applicant selects the preliminary development plan option, the Land Use and Transportation Committee will hold a public hearing and make a recommendation to the County Board.
[Amended 12-2-2024]
(f)
A preliminary development plan is required and must be submitted within one year following the approval of a concept plan. If a preliminary development plan is not submitted within one year, the approval of the concept plan by the County Board is withdrawn and the concept plan shall be null and void.
(g)
Within one year of the approval of a preliminary development plan, the applicant shall submit an application and supporting drawings for a final subdivision plat.
(4)
Preliminary development plan.
(a)
The preliminary development plan shall be prepared at a scale dimension of not more than one inch equals 100 feet, and shall include:
[1]
Boundaries of the project with dimensions to scale;
[2]
Contour intervals of two feet;
[3]
Proposed size, height, location and arrangement of structures, parking areas with proposed arrangement of stalls and number of cars, entrance and exit driveways and their relationship to existing and/or proposed streets;
[4]
A preliminary drainage plan in sufficient detail to show direction of flow, stormwater detention facilities, if needed, and major drainage structures;
[5]
A general landscape plan, to include location and height of all walls, fences, signs and screen plantings;
[6]
Note provision for dedication of new or additional rights-of-way, if needed; such to be dedicated to the County prior to approval of a final development plan;
[7]
Phases of final development;
[8]
The name and address of the owner, applicant and engineering firm which prepared the plan;
[9]
The seal of the engineering firm licensed in the State of Illinois developing the plan, scale, North point and date of plan; and
[10]
A description of any limitations to be placed on the range of permitted uses, the hours of operation, the structure materials to be used or other similar factors.
(b)
Ten copies of the preliminary development plan shall be submitted.
(5)
Final development plan.
(a)
The final development plan shall be prepared in the same manner and include the same type of information as the preliminary development plan (updated to show final sizes, dimensions and arrangement) with the following additions:
(b)
The final development plan shall substantially conform to the approved preliminary plan, shall be in final form for the issuance of a construction permit, shall have been previously reviewed by the appropriate County staff, and shall include a construction schedule. A final approval by the County Board shall authorize construction to begin according to the construction schedule, provided all appropriate permits have been received. Construction of at least the first stage of development shall begin within three years from the approval date of the final development plan by the County Board. If construction does not begin within this period and no effort is made for an extension of time by the owner, the final development plan shall be voided.
[Amended 2-17-2015]
(6)
Construction permits. Upon approval of the final development plan by the County Board, the owner shall provide five copies of the approved final development plan to the Building and Zoning Department. The Director of the Building and Zoning Department or his/her designee shall issue construction permits only in accordance with the approved final development plan.
[Amended 2-17-2015]
(7)
Amendments. If any substantial variance or rearrangement of structures, parking area and drives, entrances, heights or open spaces is requested by the applicant, the applicant shall proceed by following the same procedure previously followed and outlined in the preliminary development plan.
(8)
Open space. The Zoning Board of Appeals may require the provision of open space to buffer dissimilar uses; to protect environmentally sensitive areas; or to counterbalance any reduction in lot area, yard size or bulk limitations.
(a)
Open space requirements. If the Zoning Board of Appeals requires open space, the County and the applicant shall enter into an agreement providing for the establishment of an agency to maintain the open space. Such agreement shall include provision for default, cure by the County, and enforcement.
(b)
Disposition of open space. The agency established in the preceding section shall not be dissolved or permitted to otherwise dispose of any open space by sale or otherwise without first offering to dedicate the same to the County.
§ 350-56 Standards for issuance.
[Amended 2-20-2001]
Generally. Before any permit shall be granted, the Zoning Board of Appeals shall make written findings certifying that adequate provision has been made for the following:
A.
The proposed special use will not be detrimental to or endanger the health, safety, morals, comfort, or welfare of the public.
B.
The proposed special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for purposes already permitted or substantially diminish property values in the immediate area.
C.
The proposed special use will not impede the orderly development of the surrounding property for uses permitted in the district.
D.
Adequate utilities, access roads, drainage and/or other necessary facilities have been or will be provided.
E.
Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
F.
The establishment, maintenance and operation of the special use will be in conformance with the intent of the district in which the special use is proposed to be located.
[Amended 6-17-2008]
G.
The proposed special use, in all other respects, conforms to the applicable regulations of the district in which it is located.
§ 350-57 Additional conditions for special uses.
In granting a special use, the County may impose such conditions, safeguards and restrictions upon the premises to reduce or minimize any potential injurious effect of such special uses upon other property in the neighborhood, and to carry out the general purpose and intent of these regulations. The conditions specified for the uses listed in Article VI, § 350-43, shall also be requirements for the approval of a special use permit.
§ 350-58 Time limit.
[Amended 6-17-2008; 10-16-2025]
A.
Sunset. Generally, a special use permit shall expire unless a construction permit is taken within 24 months to effectuate such specially permitted use or, if no construction permit is required, evidence of use is filed with the Director of Building and Zoning. The Zoning Board of Appeals may, upon written request of the permit holder filed prior to the expiration of the permit, extend the time for obtaining a construction permit, or filing evidence of commencement of the use, for an additional period of up to 12 months, as the Board deems appropriate based on the nature of the project and the circumstances justifying the extension.
Specific to permits issued for utility-scale commercial wind and solar energy projects: A special use permit shall expire unless a construction permit is taken within 36 months to effectuate such specially permitted use or, if no construction permit is required, evidence of use is filed with the Director of Building and Zoning. The Zoning Board of Appeals may, upon written request of the permit holder filed prior to the expiration of the permit, extend the time for obtaining a construction permit, or filing evidence of commencement of the use, for an additional period of up to 12 months, as the Board deems appropriate based on the nature of the project and the circumstances justifying the extension.
All requests for time limit extensions under this section shall be made in writing and delivered to the office of the Director of Building and Zoning. The authority to grant such requests shall rest with the Zoning Board of Appeals, and such requests shall be considered at the regularly scheduled meeting of the Zoning Board of Appeals immediately following the date on which the request was filed except where prohibited by the requirements of the Open Meetings Act;[1] in such event the request shall be considered at the second regular meeting subsequent to fling the request.
[1]
Editor’s Note: See 65 Pa.C.S.A. § 701 et seq.
B.
Abandonment. Once a specially permitted use ceases or is abandoned for a period of more than 12 months, the special use permit shall expire; except that the special use permit for an auto salvage yard shall automatically expire if the state license for operating the auto salvage yard lapses for a period of time more than six months.
C.
Upon a public hearing, a special use permit may be revoked by the County Board:
(1)
For a violation of the codes and ordinances of McLean County, including, but not limited to, this chapter.
(2)
For a violation of the district regulations.
(3)
For a violation of noncompliance with the conditions, limitations or requirements contained in the special use permit or these regulations.
§ 350-59 Effect of denial of special use permit.
No application for a special use permit which has been denied wholly or in part by the County Board shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence of proof of change of conditions found to be valid by the Director of Building and Zoning.