South Jacksonville City Zoning Code

SPECIAL USE

PROCEDURES AND STANDARDS

§ 154.125 INTENT AND PURPOSE.

Special uses are those types of uses which tend to be problematic because they: have a tendency to generate significant traffic volumes and/or turning movements; have operational characteristics that may have a detrimental impact on adjacent or nearby properties; or have other characteristics which may impact public health, safety, or welfare; but can be approved if such uses meet the criteria established herein. Special uses also include public and quasi-public uses affected with the public interest. In order to ensure that detrimental impacts are avoided or mitigated to a satisfactory level, special uses must be reviewed, approved, and issued a special use permit, in accordance with the provisions of this subchapter. Special uses are listed for each zoning district (see §§ 154.025 through 154.039).

(Ord. 834, passed 2-1-2001)

§ 154.126 PROCEDURES.

(A) Initiation of the special use permit process. The special use permit process may be initiated by submitting a completed application and supporting documentation from one or more of the owners of record or owners under contract of a lot of record (or zoning lot), or their authorized representative, or by the Plan Commission or Village Board.

(B) Application and plan requirements. An application form for a special use permit shall be filed with the Enforcement Officer. The application form is available at the Inspection Department. In addition to submitting the completed application, the applicant shall be required to submit the following information:

(1) Legal owners of the property proposed for the special use permit;

(2) Legal description of the property proposed for the special use permit, when the proposed use involves a substantial addition or new construction;

(3) Common street address of the property proposed for the special use permit;

(4) Site plan in conformance with the requirements of § 154.111, unless waived by the Enforcement Officer;

(5) Description of the proposed special use, shown on the site plan and in narrative form, if such narrative would help in understanding the nature of the use; and

(6) Estimated impact of the special use on the surrounding properties and adjacent streets, including, but not limited to, average daily and peak hour traffic generation, existing traffic volumes of adjacent streets, if available, use of outdoor intercoms, and any other operational characteristics of the proposed use that may have impacts on other adjacent or nearby properties.

(1) Submission by applicant. The applicant shall submit one copy of the completed application and ten copies of the other information required by division (B) above to the Enforcement Officer, at least 20 days prior to the Plan Commission meeting date upon which the applicant desires to have the application considered by the Commission.

(2) Staff review.

(a) Completeness of submittal. Upon receipt of the special use permit application and associated information, the Enforcement Officer shall review the documents to determine acceptability for submission. If the Enforcement Officer determines the submittal is complete, then the submittal shall be date stamped.

(b) Distribution. After formal acceptance of the application, the Enforcement Officer shall obtain comments from the Street Superintendent, Utility Superintendent, Fire Chief, Police Chief, and other village staff as appropriate.

(c) Staff review. Staff shall review the proposed special use with respect to meeting the requirements of this chapter, other applicable village regulations, and with respect to good site planning, and measures taken to avoid or mitigate impacts of the proposed use on the surrounding area. The results of this review shall be reported to the Plan Commission.

(3) Plan Commission.

(a) Public hearing. The Plan Commission shall hold a public hearing and review the application and staff report at the next regularly scheduled Commission meeting which complies with the public notice requirements contained in § 154.012.

(b) Plan Commission recommendation.

1. The Plan Commission shall consider the extent to which the evidence provided demonstrates compliance with the standards contained in § 154.127(A). In the event that the Commission concludes that insufficient information has been provided to make a determination of compliance with the standards, it may postpone its recommendation until such time sufficient information has been provided to render a recommendation to the Board, or it may recommend denial of the special use permit application. The Plan Commission shall recommend to the Village Board that the special use permit be approved, denied, or approved with conditions. Such conditions may include, but are not limited to, one or more of the following:

a. Size, height, and location of proposed buildings and structures;

b. Landscaping and screening;

c. Parking and loading requirements;

d. Signage;

e. Traffic flow and access requirements;

f. Exterior lighting;

g. Hours of operation;

h. Drainage and stormwater control facilities;

i. Architectural and engineering features; or

j. Periodic review of the permit may be imposed.

2. These conditions may be in addition to any regulations contained in the applicable zoning district or other applicable regulations of the village, to the extent that they serve to avoid or sufficiently mitigate any potential adverse impact of special uses.

(4) Village Board action.

(a) After receipt of the Plan Commission’s recommendation, the Village Board shall consider the proposed special use permit. The Board may deny, approve, or approve with conditions, including the adoption of the Plan Commission’s recommendations on conditions of use or a modified version thereof. The Village Board may refer the application back to the Plan Commission for further study before making its final decision.

(b) When the Plan Commission recommends denial of a special use permit application, such special use permit shall not be approved by the Village Board except by the favorable vote of two-thirds of the Trustees then holding office.

(Ord. 834, passed 2-1-2001)

§ 154.127 STANDARDS FOR SPECIAL USE PERMIT APPROVAL.

(A) Review standards. It shall be the responsibility of the applicant to clearly establish that the following standards are met:

(1) The proposed use complies with the standards of this chapter;

(2) The impact of projected vehicular traffic volumes and site access is not detrimental with regard to the surrounding traffic flow, pedestrian safety, and accessibility of emergency vehicles and equipment;

(3) The proposed use will not cause undue impacts on the provision of public services such as police and fire protection, schools, and parks;

(4) Adequate utility, drainage, and other such necessary facilities have been or will be provided;

(5) The proposed use is compatible with the surrounding area;

(6) The proposed use will not adversely impact designated historic landmarks or districts; and

(7) Where a proposed use has the potential for adverse impacts, sufficient measures have been or will be taken by the applicant that would negate, or reduce to an acceptable level, such potentially adverse impacts. Such measures may include, but not necessarily be limited to:

(a) Improvements to public streets, such as provision of turning lanes, deceleration lanes, traffic control islands, traffic control devices (such as, electronic signals or traffic control signage), or other effective improvements;

(b) Limiting vehicular access so as to avoid conflicting turning movements to/from the site and access points of adjacent properties, and to avoid an increase in vehicular traffic in nearby residential areas;

(c) Provision of cross-access agreement(s) and paved connections between the applicant’s property and adjacent property(ies) which would help mitigate traffic on adjacent streets;

(d) Provision of additional screening and landscape buffers, above and beyond the minimum requirements of this chapter;

(e) Strategically locating accessory facilities, such as trash disposal storage, loading areas, and drive-through facilities, so as to limit potentially adverse impacts on adjacent properties while maintaining appropriate access to such facilities and without impeding internal traffic circulation;

(f) Limiting hours of operation of the use or certain operational activities of the use (such as, deliveries); and

(g) Any other site or building design techniques which would further enhance neighborhood compatibility.

(B) Findings of fact. The Plan Commission shall not recommend approval of a special use permit unless it shall in each specific case, make specific written findings of fact based directly upon the particular evidence presented to it supporting the conclusion that the proposed special use: complies with all applicable provisions of this chapter; at the specific location, will not adversely affect public health, safety, and welfare; and will not cause substantial injury to the value of neighboring property.

(Ord. 834, passed 2-1-2001)

§ 154.128 TERMS AND LIMITATIONS.

(A) Permit effective date. The permit shall become effective upon approval by the Village Board, The applicant will be required to file notice of special use with the County Recorder of Deeds. In the event that an application for a special use permit is filed in conjunction with a change of zoning, the permit shall not become effective until the date of enactment of the ordinance authorizing the zoning change.

(B) Site plan approval and issuance of permit. If the Board approves a special use permit with conditions or restrictions that affect the site plan as previously submitted, said site plan shall be revised to reflect such applicable conditions or restrictions and submitted to the Enforcement Officer. Upon determination that the site plan complies with such conditions or restriction, the Enforcement Officer shall issue a special use permit.

(C) Failure to commence construction or operation. Unless otherwise stated in the conditions of a particular special use permit, substantial construction work or operation of the special use (where construction is not involved) shall commence within one year of the effective date of the permit unless such time period is extended by the Board. If no extension of time is granted, the permit shall immediately terminate upon expiration of the one-year period.

(D) Revocation of special use permit. Upon finding violation of the terms of the special use permit, the Board shall have the authority to revoke the permit after notice to the permittee and/or property owner and affording the same the opportunity to be heard.

(E) Transferability. All special use permits in nonresidential districts shall be approved for the specific tract or parcel of land, and may not be transferred to any other location. Once an approved special use is established, the special use permit may be transferred to a successor land owner or operator upon delivery to the Enforcement Officer of the written acceptance of the terms and conditions of the special use permit by such successor. This special use permit is nontransferable in residential districts.

(F) Procedure to amend a special use permit. Except for minor changes to a site plan, as described in § 154.113(A), any amendment to an existing special use permit shall require the submission of a new special use permit application in accordance with the provisions of this subchapter.