(A)   Authority. The City Council may, in accordance with the procedures and standards set out in this section and by ordinance duly adopted, grant a special permit authorizing the use as a hot mix asphalt manufacturing and construction facility with outdoor storage.
   (B)   Purpose. Special permit uses are those uses having some special impact or uniqueness that require a careful review of their location, design, configuration and special impact to determine the desirability of permitting their establishment on any given site. They are uses that may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect.
   (C)   Parties entitled to seek special permits. An application for a special permit may be filed by the owner of, or any person having a contractual interest in, the subject property.
   (D)   Standards for special permits.
      (1)   General standards. No special permit for hot mix asphalt manufacturing and construction contractor facility with outdoor storage shall be recommended or granted pursuant to this section unless the applicant shall establish that:
         (a)   No undue adverse impact. The proposed use, drainage and development will not have a substantial or undue adverse effect upon adjacent property, the character of the area or the public health, safety and general welfare;
         (b)   No interference with surrounding development. The proposed use and development will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the use and development of neighboring property in accordance with the applicable district regulations;
         (c)   Adequate public facilities. The proposed use and development will be served adequately by essential public facilities and services such as streets, public utilities, drainage structures, police and fire protection, refuse disposal or the applicant will provide adequately for such services;
         (d)   No traffic congestion. The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets; and
         (e)   No destruction of significant features. The proposed use and development will not result in the destruction, loss or damage of natural, scenic or historic features of significant importance.
      (2)   Considerations. In determining whether the applicant’s evidence establishes that the foregoing standards have been met, the City Council shall consider:
         (a)   Public benefit. Whether, and to what extent, the proposed use and development at the particular location requested is necessary or desirable to provide a service and a facility that is in the interest of the public convenience and that will contribute to the general welfare of the neighborhood or community; and
         (b)   Mitigation of adverse impacts. Whether, and to what extent, all steps possible have been taken to minimize any adverse effects of the proposed use and development on the immediate vicinity through building design, site design, landscaping and screening.
   (E)   Conditions on special permits. The City Council may impose such conditions and limitations concerning use, construction, character, location, landscaping, screening and other matters relating to the purposes and objectives of this code upon the premises benefited by a special permit as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities. Such conditions shall be expressly set forth in the ordinance granting the special permit. Violation of any such condition or limitation shall be a violation of this code and shall constitute grounds for revocation of the special permit.
   (F)   Limitations on special permits.
      (1)   Subject to an extension of time granted by the City Council, no special permit shall be valid for a period longer than two years unless a building permit is issued and construction has actually begun within that period and is thereafter diligently pursued to completion or unless the use is commenced or has already been continued within that period.
      (2)   A special permit shall be deemed to authorize only the particular use for which it was issued, and such permit shall automatically expire and cease to be of any force or effect if such use shall, for any reason, be discontinued for a period of 24 consecutive months or more.
   (G)   Recognition of current use.
      (1)   The property located at 16222 South Western Avenue, Markham, Illinois, consisting of 22.2 acres is currently being used as a hot mix asphalt manufacturing and construction contracting facility and has been used as such since 1952. That property is deemed to fulfill all the requirements of the special use permit as set forth in division (D)(1) above in that such use has demonstrated:
         (a)   No adverse impact;
         (b)   No interference with surrounding development;
         (c)   Adequate public facilities;
         (d)   No residential traffic congestion; and
         (e)   No destruction of significant natural, scenic or historic features.
      (2)   Such facility at that location is desirable to provide a local source of hot mix asphalt products for the community. All appropriate steps have been taken to mitigate any adverse impacts on the local area. As such, the use satisfies the considerations set forth in division (D)(2) above. The City Council hereby adopts a special permit for use as a hot mix asphalt manufacturing and construction contractors facility to the property located at 16222 South Western Avenue, Markham, Illinois, without conditions or special limitations.
(Prior Code, § 156.218) (Ord. 96-O-1564, passed 2-7-1996)