A. Purpose. The development and execution of this Chapter is based upon the division of the Village into zoning districts, within which the use of land and buildings, and the bulk and location of buildings and structures in relation to land, are substantially uniform. It is recognized, however, that there are specific uses which, because of their unique characteristics cannot be properly classified in any particular district or districts without consideration in each individual case of the impact of those special uses upon neighboring land and of the public need for that particular special use at that particular location. Such uses may be either public or private and are 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.
B. Initiation. Special uses may be initiated by any Village property owner or his/her authorized designee(s).
C. Authority. The Village Board, after receiving a recommendation from the Zoning, Planning, and Appeals Commission, will take formal action on requests for special uses.
D. Procedure. All applications must be filed with the Village Clerk in accordance with Section 15.1103.
1. Action by the Zoning, Planning, and Appeals Commission.
a. After receipt of a complete application, the Zoning, Planning, and Appeals Commission will consider the proposed application at a public hearing. Notice for the public hearing must be in accordance with Section 15.1103.
b. The Zoning, Planning, and Appeals Commission will review the following regarding the special use application: site plan, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, street access, traffic generation and circulation, drainage, sanitary and storm sewer, water systems, landscaping, park requirements and proposed operation. The Zoning, Planning and Appeals Commission will also review conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, lighting, fencing, planting screens, hours of operation, traffic improvements, deed restrictions, increased yards, or parking requirements.
c. The Zoning, Planning, and Appeals Commission must evaluate the application based upon the evidence presented at the public hearing, pursuant to the approval standards of this section. The Zoning, Planning, and Appeals Commission must recommend approval, approval with conditions, or denial of the application.
d. Within 45 days of the close of the public hearing, the Zoning, Planning, and Appeals Commission will prepare findings of fact and make its recommendation with respect to the proposed special use and forward their findings and recommendation to the Village Board, as well as the Village Clerk and Zoning Administrator.
e. If, at the expiration of such 45 days, the Zoning, Planning, and Appeals Commission has not made findings and a recommendation, it is concluded that the Zoning, Planning, and Appeals Commission has made negative findings and has recommended denial of the special use.
2. Action by the Village Board.
a. The Village Board is authorized to take action to approve by ordinance or deny the application for special use approval, following receipt of the Zoning, Planning, and Appeals Commission recommendations. Ordinances regarding special use approvals must make reference to a site plan attached to the ordinance. The Village Board may refer the matter back to the Zoning, Planning, and Appeals Commission for further consideration.
b. The Village Board must take action in the form of approval, approval with conditions, or denial, on special use applications. If an application for a proposed special use is not acted upon finally by the Village Board within 180 days of the date upon which the findings and recommendations of the Zoning, Planning, and Appeals Commission are filed with the Board, it is deemed denied.
c. In the event the Zoning, Planning, and Appeals Commission recommends against the special use permit, then authority for issuance of the special use permit requires the favorable vote of a majority of all of the members of the Village Board.
d. The terms and conditions of a granted special use will be specifically set forth within the ordinance approving the special use permit. No special use can be conducted in violation of the terms and conditions of the ordinance approving the special use permit.
E. Approval Standards. The Zoning, Planning, and Appeals Commission recommendation and the Village Board decision on a special use will be based upon consideration of the following standards:
1. The special use will serve the public convenience at the location of the subject property and that the establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, or welfare.
2. The location and size of the special use, the nature and intensity of the operation involved in or conducted in connection with said special use, the size of the subject property in relation to such special use, and the location of the site with respect to streets given access to it, is such that it will be in harmony with the appropriate, orderly development of the district in which it is located and will not alter the essential character of the locality where it will be located.
3. That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity of the subject property for the purposes already permitted in such zoning district, nor substantially diminish and impair other property valuations within the neighborhood.
4. The nature, location, and size of the buildings or structures involved with the establishment of the special use will not impede, substantially hinder, or discourage the orderly development and use of adjacent land and buildings.
5. Adequate utilities, access streets, drainage, and/or other necessary facilities have been or will be provided,
6. Parking areas are of adequate size for the particular special use and are properly located and suitably screened from adjoining residential uses. The entrance and exit driveways to and from these parking areas must be designed so as to prevent traffic hazards, eliminate nuisance, and minimize traffic congestion in the public streets.
7. The special use conforms to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified as provided by this Chapter.
F. Other Requirements. When the zoning district regulations authorize a special use in a particular zoning district and that special use has additional standards set forth, a special use permit cannot be recommended or granted unless the applicant establishes compliance with all such standards.
G. Conditions.
1. The Zoning, Planning, and Appeals Commission may impose conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the special use as deemed necessary for the protection of the public health, safety, and welfare, which will be contained within the ordinance granting the special use permit.
2. All special uses granted by the Village Board, as the case may be, are hereby amended as a matter of law to include the following text, whether or not such text was included in the special use granted. In the event of any conflict between the terms of a special use and the terms of the following text, the following text controls and supersedes any conflicting term in the special use: That the failure of any owner of the subject property to comply strictly with any one or more of the conditions contained in this Chapter will cause, unless cured by the owner upon 14 days of notice from the Village, or some other greater time period set by the Village in the notice, a revocation of the special use permit issued hereby as well as every other permit and/or license issued by the Village of Mettawa by reason of the adoption of this Chapter upon expiration of the cure period set forth herein.
H. No Presumption of Approval. The listing of a use as a special use within a zoning district does not constitute an assurance or presumption that such special use will be approved. Rather, each proposed special use is evaluated on an individual basis, in relation to all applicable standards of this Code. Such evaluation will determine whether approval of the special use is appropriate at the particular location and in the particular manner proposed. The burden is on the applicant to establish that the special use requested is appropriate at the particular location and in the particular manner proposed.
I. Expiration. The following special use expiration provisions apply only to special uses approved on or after November 21, 2023. A special use approval expires if any one of the following conditions occurs and no request for an extension of the special use approval is pending.
1. When an approved special use is changed to another use.
2. For special uses granted in conjunction with new construction or additions or enlargements to an existing structure, the special use approval expires within 12 months of the date of approval is a building permit has not been filed. Further, the special use expires if construction has not begun within 15 months of the date of approval and completed within 24 months of the date of approval. The Village Board may approve an extension of these periods of validity if the applicant applies in writing for an extension of time a minimum of four weeks prior to the date of expiration.
3. For special uses within existing structures or on lots where no structure is planned, the special use approval expires 12 months of the date of approval if any licenses or permits required for the operation or maintenance of the use have not been obtained.
J. Revision. Any proposed change in the authorizing ordinance, conditions, or restrictions, or site plan alterations that involve building size or integral changes to the design and location of proposed site elements, constitutes a request for special use revision. These changes must be submitted to the Zoning, Planning, and Appeals Commission who will make findings of fact and recommendations that will be transmitted to the Village Board for their approval. Minor site plan additions or changes must be submitted to the Zoning, Planning, and Appeals Commission for site plan review approval. The decision to process site plan additions or changes as a special use revision will be the responsibility of the Zoning, Planning, and Appeals Commission.
K. Revocation.
1. The Village Board, after public hearing, may revoke the special use permit at any time if it is not in compliance with the conditions imposed or if there has been substantial change in the development without prior written approval of said changes by the Zoning, Planning, and Appeals Commission.
2. A public hearing shall be held before the Village Board prior to any revocation of special use. A notice of such public hearing must be published at least once, not more than 30 nor less than 15 days before the hearing, in a newspaper of general circulation in the Village. The notice must contain the date, time, and place of hearing, the street address or common description of the property involved, and a brief statement of the violation alleged to have occurred. Written notice must also be sent, postage prepaid, to the last known address of the possessor of the special use permit.
(Ord. 885, passed 11-21-2023)