This Code divides this municipality into various districts, and permits in each district only those uses which are clearly compatible with one another. Certain other uses, because of their special operational or physical characteristics, may or may not have a detrimental impact on nearby permitted use, depending upon their precise location, manner of operation, and other factors. Such "special uses" require careful case-by-case review, and may only be allowed after a proper hearing before the Zoning Hearing Officer, and upon approval by the City Council. (Ord. No. 1483; 04-27-09)

Every applicant for a special use permit shall submit to the Zoning Administrator, in narrative or graphic form, any or all of the items of information enumerated in Section 40-7-3(A) that he may require. When the application is complete, the Administrator shall forward to, together with his recommendation, to the Hearing Officer for further consideration.

   (A)   The Hearing Officer shall hold a public hearing on any application for a special use permit not later than sixty (60) days after its filing. At the hearing, any interested party may appear and testify, either in person, or by legal counsel. The Hearing Officer shall hear the application (or any modified application) in accordance with its usual procedure. At the conclusion of the hearing, the Hearing Officer issue an advisory report to the City Council, containing findings of fact as specified in Section 40-8-7 herein, which shall recommend either granting the application, with or without modification, or denying the application. The Hearing Officer may also refer the application back to the applicant for proposed modification. If the application is subsequently granted by the City Council, a copy of the final plan shall be maintained on file with the City clearly noting all conditions of approval and the date approved for issuance of a permit. If the application is denied by the City Council, the applicant shall not again apply for a permit for substantially the same proposal unless there has occurred a substantial change in circumstances the basis of which shall be specifically noted on the supplemental application, and in such case, only with the Hearing Officer’s consent first obtained, otherwise not earlier than one (1) year after the date of the denial by the City Council. If the application is referred back for modification, the applicant may resubmit the application in accordance with the directions of the Hearing Officer, if any, otherwise in time for the next regularly scheduled meeting of the Hearing Officer.

   (B)   The Hearing Officer may revoke a permit issued under this Article if:

      (1)   the proposal for which a permit has been issued is not carried out pursuant to the approved final site plan; or

      (2)   if any condition or requirement included in the permit is not complied with. The Hearing Officer may, however, allow modifications of the final plan, before completion, in conformity with the applicable provisions for review as provided for in this Article.

   (C)   A permit issued under this Article shall expire if the proposal authorized by the permit is not completed within the development schedule therefore included in the application, or conditions imposed on same by the Hearing Officer or City Council.

   (D)   After the final plan has been completed, it shall be a permanent site plan and shall not be modified, nor shall any additions be made thereto, except with the applicable provisions of this Article. (Ord. No. 1483; 04-27-09)

Notice of the public hearing shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:

   (A)   By registered mail to the applicant and to every owner of property adjacent to the premises for which the special use permit is requested; and

   (B)   By publication in a newspaper of general circulation within this municipality. This notice shall indicate the time, date, and place of the hearing, the particular location for which the special use permit is requested, and the nature of the proposed special use.

In making his/her advisory recommendation to the City Council, the Hearing Officer shall consider and make findings of fact, where appropriate, on the following factors:

   (A)   Whether the proposed design, location and manner of operation of the proposed special use is protective of the public health, safety, and welfare; and

   (B)   The effect the proposal would have on the value of neighboring property; and

   (C)   The effect the proposal would have on this municipality's overall tax base; and

   (D)   The effect the proposal would have on public utilities and on traffic circulation on nearby streets; and

   (E)   Whether there are any facilities nearby that require special protection; and

   (F)   Whether the proposed application is in keeping with the general purposes of this Code; and

   (G)   Whether the proposed application is consistent with the characteristics of the general nature of the area in which the special use is to be located.

(Ord. No. 1483; 04-27-09)

As set forth at Article III, Section 40-3-5, requests for temporary use permits shall be treated in the same manner as requests for special use permits. The Zoning Hearing Officer shall not recommend issuance of a temporary use permit for a period of longer than one (1) year. (Ord. No. 1483; 04-27-09)

Not later than ten (10) days after the public hearing, the Hearing Officer shall submit his/her advisory report/findings of fact to the City Council, taking into account the factors set forth in Article III, Section 40-8-5.

The City Council shall act on every proposed special use permit at its next regularly scheduled meeting following submission of the Hearing Officer’s submission of his/her advisory report. The City Council, without further public hearing, may by simple majority vote, approve or reject any approved special use permit, or may refer it back to the Hearing Officer for further consideration. (Ord. No. 1483; 04-27-09)

In accordance with Illinois law (Ill. Comp. Stats., Chap. 65, Sec. 5/11-13-14) and the provisions of this Article, the City Council may amend the regulations imposed and the districts established in this Code. Any proposed alteration of district boundaries or proposed change in the status of any use--whether permitted, special, or prohibited--shall be treated as a proposed amendment, and dealt with accordingly. Amendments may be proposed by the City Council, the Zoning Administrator, the Hearing Officer, or any party of interest.

Any proposal to amend this Code shall be filed on a prescribed form with the Administrator, who shall forward it, together with his recommendation, to the Hearing Officer.

The Hearing Officer shall hold a public hearing on every amendment proposal not later than sixty (60) days after its filing. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney.

Notice of the public hearing shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:

   (A)   By registered mail to the applicant and to every owner of property adjacent to the premises for which the special use permit is requested; and

   (B)   By publication in a newspaper of general circulation within this municipality.

This notice shall indicate the time, date, and place of the hearing, the particular location for which the special use permit is requested, and the nature of the proposed special use. (See 65 ILCS Sec. 5/11-13-14)

Not later than ten (10) days after the public hearing, the Hearing Officer shall submit his/her advisory report/findings of fact to the City Council. The Hearing Officer shall not recommend the adoption of any amendment unless they find that such amendment is in the public interest and not merely for the benefit of the party proposing it. Where the effect of a proposed amendment is to alter district boundaries or to change the status (permitted, special, or prohibited) of any use, the Hearing Officer shall make findings regarding all of the following matters:

   (A)   Existing uses of property in the vicinity of the property in question;

   (B)   The district classification of property in the vicinity of the property in question;

   (C)   The suitability of the property in question for uses already permitted under the existing district classification;

   (D)   The trend of development in the vicinity of property in question, including changes (if any) which may have taken place since that property was placed in its present district classification.

The City Council shall act on every proposed amendment at their next regularly scheduled meeting following submission of the Hearing Officer’s advisory report. Except as provided at Section 40-8-15, the City Council, without further public hearing, may by simple majority vote, pass any proposed amendment or may refer it back to the Hearing Officer for further consideration.

The favorable vote of at least two-thirds (2/3) of the Aldermen then holding office is required to pass an amendment to the Code when the amendment is opposed, in writing and filed with the City Clerk, by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered. (Ord. No. 1483; 04-27-09)

In cases of written opposition to an amendment of this Code as prescribed in Section 40-8-15(c), a copy of the written protest shall be served by the protestor or protestors on the applicant for the proposed amendment and a copy upon the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment. (See 65 ILCS Sec. 5/11-13-14)