The development and execution of a zoning ordinance 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. lt is recognized, however, that there are special 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 several categories:

   A.   Uses publicly operated or traditionally affected with a public interest.

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

   C.   Uses not specifically authorized by this Title.

   D.   Uses of a temporary nature not authorized by this Title.

   A.   Request for Special Use: Application for a special use or expansion of a special use shall be filed in writing with the Village administration using such forms as shall be supplied and required by the Village. The application shall contain such information as the Zoning and Planning Commission shall, from time to time, require and shall contain, as a minimum, the address and legal description of the location for which a special use is requested, a statement and adequate evidence showing that the special use will conform to the standards set forth in Section 4-14-7 of this Chapter, a statement of the purpose and reason for the request, names of all owners of the property in question and the zoning classification in effect, and shall be accompanied by plans showing the proposed use and effect and extent of the special use requested.

   B.   Fees: The application for a special use shall be accompanied by a filing fee of three hundred dollars ($300.00) payable to the Village. The fee is nonrefundable and may be increased by the administration without amendment of this Title when and if the fee is less than the amount needed to pay the costs of published notice as required in subsection 2-1-7-1C of this Code.

   C.   Notice of Hearing by Publication: Upon receipt of a properly executed application for special use, the Village administration shall set a date for public hearing to occur not more than sixty (60) days after receipt of proper application unless a later date is requested by the petitioner. The Village administration shall then place, in a qualified newspaper of general circulation in Oak Lawn, a legal notice of public hearing. Said notice shall contain, as a minimum, the address and legal description of the property involved, the date and place and time of the public hearing, the general nature and purpose of the proposed special use, and the name of the appropriate department of the Village from which information may be obtained. Said notice shall be placed not more than thirty (30) nor less than fifteen (15) days prior to the date of the public hearing.

   D.   Notification to Adjacent Property Owners: At the time of hearing on the application for special use, the Department of Community Development and Growth Management shall be required to furnish an affidavit setting forth the names and addresses of the persons who paid the taxes during the last preceding year on each lot or parcel of property lying within the Village and within three hundred feet (300') of the boundary lines of the lot or parcel on which a special use is requested and stating that written notice of the proposed special use has been personally served upon said owners of record at least seven (7) days prior to the date of the public hearing or that said notices have been mailed to said owners of record at least ten (10) days prior to the date of the public hearing and certifying that owners of tax exempt properties within the same boundaries have been notified.

      1.   Notification of Condominium Owners: Where condominium property is located within the aforementioned three hundred foot (300') notification area, notice shall be provided in the same manner as set forth above, and the following notification regulations shall apply;

         a.   If the condominium complex, in its entirety, consists of twelve (12) or fewer units, notification shall be provided to the taxpayer of record for each unit.

         b.   If the condominium complex, in its entirety, consists of more than twelve (12) units, notification shall only be provided to the condominium association.

      2.   Notification of Commercial Tenants: Where the petition relates to nonresidential property, notification as set forth above shall also be provided, in the same manner as set forth above, to the occupants of the building or buildings located on the same lot or parcel in relation to which the petition applies.

   E.   Posting of Notice: The petitioner for a special use shall cause to be posted, on the subject property in a position conspicuously visible and readable from the street, not more than thirty (30) nor less than fifteen (15) days prior to the date of the public hearing, a sign of not less than twenty two inches by twenty eight inches (22" x 28") carrying notice of the application for variation, the purpose of the variation and the date and time and place of public hearing. Petitioner is required to place only one sign and shall so certify in the affidavit required in subsection D above, that this has been done. Petitioner is not required to replace any signs which are removed by others or vandalized.

   F.   Public Hearing: A public hearing before the Zoning and Planning Commission is required for each application for special use and shall be scheduled no later than forty five (45) days after receipt of the application in proper form unless petitioner requests a later date. Public hearings on special uses shall be conducted under the general rules for public hearings as set forth in Section 2-1-7-1 of this Code. Findings and recommendations on requests for special use shall be in compliance with other sections of this Chapter and with Sections 2-1-7-2 and 2-1-7-3 of this Code. Action by the Board of Trustees shall be in compliance with Section 4-14-4 of this Chapter. The Zoning and Planning Commission shall report findings and recommendations on all matters requiring a public hearing to the Board of Trustees. (Ord. 20-14-36)

For each application for a special use, the Zoning and Planning Commission shall report to the Board of Trustees its findings and recommendations, including any stipulations of additional conditions and guarantees that such conditions will be complied with. The Board of Trustees may grant or deny any application for a special use; provided, however, that in the event of written protest against any proposed special use, signed by owners of twenty percent (20%) of the land for which notice has previously been given as required in subsection 4-14-2D of this Chapter, and filed with the Village Clerk, such special use shall not be granted except by the favorable vote of two-thirds (2/3) of all members of the Board of Trustees.

   A.   Action by Zoning and Planning Commission: The Zoning and Planning Commission may approve or disapprove the requested variation. In the course of its consideration of the variation, the Zoning and Planning Commission may require changes from the plans as originally submitted. If the approval is granted, it includes the plans as accepted by the Zoning and Planning Commission and no substantial changes in the plans can be made unless a further public hearing is held to consider the changes. Substantial changes are those which, in the opinion of the administration, alter the concept, basic dimensions, proposed use or site utilization of the subject property. The Zoning and Planning Commission shall render its recommendations no later than thirty (30) days after the public hearing, except that the question may be postponed from time to time, if requested, in writing, by the petitioner, to a date certain, or if additional information is required by the Zoning and Planning Commission.

   B.   Action by the Board of Trustees: The Board of Trustees shall not act upon a proposed special use unless and until it has received a written report and recommendation from the Zoning and Planning Commission on the proposed special use consistent with subsection 4-14-2F of this Chapter.

In cases where the Zoning and Planning Commission recommends that a proposed special use not be adopted, such special use shall not be passed except by the favorable vote of two-thirds (2/3) of all members of the Board of Trustees.

If an application for a proposed special use is not acted upon finally by the Board of Trustees within sixty (60) days of the time of receipt of the recommendations of the Zoning and Planning Commission, the application shall be deemed to have been denied.

A special use expires at the end of one year from the date of approval unless necessary permits have been taken out. A special use expires at the end of eighteen (18) months unless construction (defined as placement of footings) is substantially underway and continuing. These deadlines shall be extended automatically if delay is caused by strikes, civil commotion or an act of God.

Prior to the granting of any special use, the Zoning and Planning Commission may recommend and the Board of Trustees shall stipulate such conditions and restrictions 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 in Section 4-14-7 of this Chapter. 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.

No special use shall be recommended by the Zoning and Planning Commission unless said Commission shall find:

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

   B.   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.

   C.   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.

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

   E.   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.

   F.   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 Zoning and Planning Commission.

The following list of uses to be considered as special uses under this chapter is not intended to preclude application for uses not contemplated at the time of the effective date hereof:

Churches and uses incidental thereto, including rectories and parish houses, in other than C-1 and C-2 districts.

Convents, monasteries and seminaries in other than C-1 and C-2 districts.

Fraternity and sorority buildings.

Hospitals, except veterinary.

Junior colleges, community colleges, colleges and universities, and uses accessory and incidental thereto, in other than C-1 and C-2 districts.

Large community residences, in other than R-3 and planned R-3 districts, provided:

   A.   They are not located within one thousand two hundred feet (1,200') of another community residence.

   B.   Prior to occupancy, a certificate of zoning compliance is applied for and received (see section 4-3-5 of this title).

   C.   Prior to occupancy, an administrative occupancy permit is applied for and received (see section 4-3-9 of this title).

Medical cannabis cultivation and dispensary facilities, however, only in the C-1, C-2, C-3, and M-1 district(s) and subject to the following conditions:

   A.   Facilities shall at all times comply with requirements, rules and restrictions as set forth in the compassionate use of medical cannabis pilot program act (IL public act 098-0122) or as modified by applicable law and at all times comply with the terms and conditions of any special use permit that may be granted in the future.

   B.   Facilities shall not be allowed as home occupations.

   C.   No medical cannabis or paraphernalia shall be displayed or kept at a facility so as to be visible from outside the premises, including, but not limited to, the depiction on signage.

   D.   On site use prohibited. No marijuana shall be smoked, eaten or otherwise consumed or ingested on the premises.

   E.   Facilities shall have operating hours not earlier than eight o'clock (8:00) A.M. and not later than ten o'clock (10:00) P.M. Monday through Saturday and twelve o'clock (12:00) noon to ten o'clock (10:00) P.M. on Sunday.

   F.   Drive-through services are prohibited.

   G.   Additional conditions may be imposed as a part of the special use approval to provide for the compatibility with adjacent uses and mitigate potential impacts from the dispensing operation.

Medical office/clinic in excess of four thousand (4,000) gross square feet and the location of the proposed medical office/clinic is on 95th Street or Cicero Avenue.

Nonpublic nursery schools, preschools and daycare centers.

Outdoor amusements such as those listed in subsection 4-13-4E of this title.

Payday loan stores, however only in the C-1 general business district, C-2 general service district or M-1 restricted manufacturing district.

Precious metals dealers.

Private clubs and lodges.

Public and private elementary, junior high and high schools with rooms regularly used for housing and sleeping purposes.

Schools of nursing.

Senior citizen housing developments.

"Teenage cabarets/juice bars" as defined by title 3, chapter 4, article K of this code, however, only in C-3 regional shopping district and M-1 restricted manufacturing district and not within three hundred feet (300') of a park or within three hundred feet (300') of any church or school as measured from building to building.

Temporary mobile units as follows: The provisions of section 4-14-5 of this chapter shall not apply to the provisions of this special use.

   Temporary mobile unit used on construction site subject to its immediate removal upon completion of the new construction or completion of the repairs due to fire damage or remodeling, whichever is applicable.

   Temporary mobile unit used in connection with business for specific time. At the termination of the time limit granted by the board of trustees, such mobile unit shall be removed. No requests for an extension of such time limit shall be considered or permitted.

      Temporary mobile unit used by new automobile dealer in conjunction with its used car sales lot, provided that such mobile unit must be placed and remain on the used car sales lot, and provided the dealer must maintain an on-site office facility for the transaction of sales in an on-site permanent building with restroom facilities; the special use shall terminate and the mobile unit shall be removed upon a change in the ownership of the new car dealership; and all cooking and washroom facilities shall be removed so long as it is used as a used car sales office/shelter.

   There shall be a five foot (5') screened, landscaped buffer around the perimeter of the unit.

Used automobile dealers as principal uses, and not in conjunction with a new automobile dealership, are allowed as special uses only in the M-1 district, and, in addition to the standards applicable to all special uses, the applicant is required to demonstrate the following:

   A.   The facilities and lots must be in compliance with at least the minimum requirements established under 625 ILCS 5/5-100 et seq. and Title 92, Section 1020.10, of the Illinois Administrative Code concerning Dealers Established Place of Business.

   B.   The facilities and lots must have an on-site business or sales office with restroom facilities and located in a permanent building structure containing not less than seven hundred (700) square feet of interior floor space. Any new structure shall conform to the requirements of the Village Code, as amended from time to time.

   C.   Any lot, not including the area occupied by a structure, used for the sale of vehicles shall be at least twenty-five thousand (25,000) square feet.

   D.   The lot shall be improved, at a minimum, with a gravel base of not less than four inches (4") covered by a minimum of three inches (3") of asphalt or five inches (5") of concrete.

   E.   The finished grade of the improved lot shall not be less than twelve inches (12") or more than thirty-six inches (36") above the grade of the street adjoining said premises and shall comply with all erosion and stormwater control provisions of the Village Code.

   F.   The lot shall include at least two (2) twelve feet (12') wide driveways, one (1) for ingress and one (1) for egress, meeting all requirements of the Village Code.

   G.   Parking spaces for inventory shall be provided and marked and shall be not less than ten feet (10') by twenty feet (20') for each used vehicle.

   H.   The lot shall be properly illuminated at night, so that vehicles for sale can be properly inspected by a prospective customer; said lighting shall be shielded from abutting or adjacent districts zoned for residential use.

   I.   A six foot (6') privacy fence or wall shall be erected to shield the lot from abutting or adjacent districts zoned for residential use.

   J.   The structure or lot used for the display of used vehicles shall be separate and apart from any other business.

   K.   Only clean vehicles in good and operable condition shall be displayed on the property. No junk, wrecked, or inoperative vehicles will be permitted to remain on the property for more than forty-eight (48) hours.

Where a use is not permitted in a zoning category, the use may be considered as a special use, a variation or a rezoning with the exception of the uses listed above, which may be considered only as special uses; except that PUD ordinances take precedence. Notwithstanding the foregoing, adult uses and adult entertainment facilities shall not be considered as a special use in any zoning category, and are permitted only in the M-1 zoning district, subject to the requirements of section 4-8-10 of this title. (Ords. 75-10-55, 77-29-48, 81-17-30, 81-36-77, 87-17-70, 90-3-14, 90-16-68, 92-11-45, 93-9-24, 00-5-12, 01-19-69, 08-06-22, 12-05-17, 14-27-63, 15-16-63, 19-16-66, 20-13-32, 24-09-29, 25-06-09)