Schiller Park City Zoning Code
ARTICLE IX
CONDITIONAL USES
§ 155.901 PURPOSE.
The development and execution of this Chapter is based upon the division of the community 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 certain 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 in the particular location. Such conditional uses fall into two categories:
(A) Uses publicly operated or traditionally effected with a public interest; and
(B) Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
(Ord. 05-2539, passed 10-11-05)
§ 155.902 INITIATION OF REQUEST FOR CONDITIONAL USE.
Conditional uses may be proposed by the Village Board or by the Village Manager/Comptroller or by the owner of the property in question or by the contract purchaser of the property in question, provided the owner of the property consents to such initiation.
(Ord. 05-2539, passed 10-11-05)
§ 155.903 APPLICATION FOR CONDITIONAL USE.
An application for a conditional use shall be filed with the Zoning Administrator at least 45 days before a regularly scheduled meeting of the Zoning, Planning and Appeals Commission on a form prescribed by the Zoning Administrator. The application shall be accompanied by such plans and/or data prescribed by the Zoning, Planning and Appeals Commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use will conform to the standards set forth in this Article. Such application shall be forwarded from the Zoning Administrator to the members of the Zoning, Planning and Appeals Commission with a request to review said application and accompanying data, conduct a public hearing thereon, and submit written findings of facts and recommendations thereon to the Village Board.
(Ord. 05-2539, passed 10-11-05)
§ 155.904 HEARING ON APPLICATION FOR CONDITIONAL USE; NOTICE.
Following receipt by the Zoning Administrator of any application for a conditional use, the Zoning, Planning and Appeals Commission shall hold a public hearing on the application at such time and place as shall be established by the chairman and set forth in the published notice of hearing. The notice requirement for a conditional use hearing shall be the same as those prescribed for amendments. Records shall be preserved in such manner as the Board shall, by rule, prescribe from time to time.
(Ord. 05-2539, passed 10-11-05)
§ 155.905 FINDINGS OF FACTS AND RECOMMENDATIONS.
The Zoning, Planning and Appeals Commission shall make written findings of facts and shall submit same together with its recommendations to the Village Board for final action. The Zoning, Planning and Appeals Commission shall not recommend a conditional use for approval, unless such Board shall find:
(1) That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;
(2) That the conditional 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 conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
(4) That the exterior architectural appeal and functional plan of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or character of the applicable district, as to cause a substantial depreciation in the property values within the neighborhood;
(5) That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;
(6) 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; and
(7) That the conditional 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 Village Board of Trustees pursuant to the recommendations of the Zoning, Planning and Appeals Commission.
(Ord. 05-2539, passed 10-11-05)
§ 155.906 CONDITIONS AND GUARANTEES.
Prior to the granting of any conditional use, the Zoning, Planning and Appeals Commission in a conclusion paragraph, separate from the findings of facts, may stipulate such conditions and restrictions, upon the establishment, location, construction, maintenance and operation of the conditional use as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in this Article. In all cases in which conditional uses are recommended for approval, the President and Board of Trustees may require such evidence and guarantees as it may deem necessary as proof that there is and will be compliance with the conditions stipulated in connection therewith.
(Ord. 05-2539, passed 10-11-05)
§ 155.907 ACTION BY THE VILLAGE BOARD.
The Village Board may grant by ordinance or deny by motion, any application for conditional use, and may establish such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use, as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in this Section.
(Ord. 05-2539, passed 10-11-05)
§ 155.908 EFFECT OF DENIAL OF A CONDITIONAL USE.
No application for a conditional use, which has been denied wholly or in part by the Village 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 or proof of change of conditions founds to be valid by the Zoning, Planning, and Appeals Commission.
(Ord. 05-2539, passed 10-11-05)
§ 155.909 REVOCATION.
In any case, where a conditional use has not been established (substantially underway) within one year from the date of granting thereof, then without further action by the Zoning, Planning, and Appeals Commission or the Village Board the authorization for the conditional use shall be null and void.
(Ord. 05-2539, passed 10-11-05)