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A. Generally:
1. Uses Of Land And Buildings: This title is based upon the division of the village into districts, within which the uses of land, and the uses and bulk of buildings and structures, are substantially uniform. It is recognized, however, that there are special uses which, because of their unique characteristics, can only be properly classified in any particular district upon considerations in each case of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such uses fall into three (3) categories:
a. Uses publicly operated or traditionally affected with a public interest.
b. Uses entirely private in character, but of such an unusual nature that their operation may give use to unique problems with respect to their impact upon neighboring property, public facilities, or the village, as a whole.
c. Uses, either public or private, that because of past or present conditions need special consideration.
2. Conditions Of Permit: A special use permit shall authorize only such uses that are listed on the permit and only under the conditions of this title and any such other conditions that may be made part of the special use permit. A special use permit shall be null and void unless work thereon is substantially underway within twelve (12) months of the date of issuance. The board of trustees, based on evidence presented in a written application may extend the twelve (12) month limit for implementing uses permitted by a special use permit.
B. Authorized: Special use permits may be granted by the board of trustees, but only in accordance with the requirements set forth in this section.
C. Procedures: With the exception of special uses for planned development and for mobile home park applications (such applications shall be processed in accordance with section 11-2-11 of this chapter and chapter 3 of this title), the process for obtaining a special use permit shall be as follows: (Ord. 961, 2-12-1997, eff. 2-22-1997)
1. Application: An application for a special use permit shall be filed with the zoning administrator, who shall forward such application to the plan commission prior to the next scheduled meeting of the plan commission. The application shall be in such form and contain such information and be accompanied by such plans as the board of trustees may by rule require.
2. Notice Of Hearing: The plan commission shall hold a public hearing within sixty (60) days after receiving the application from the zoning administrator. Notice of time and place of the hearing shall be published at least once in a newspaper of general circulation in the village not more than thirty (30) days nor less than fifteen (15) days before such hearing. Notice shall also be given to all adjacent property owners as provided in subsection
3. Written Report To Board Of Trustees: The plan commission shall, within sixty (60) days after the hearing, transmit a written report detailing its findings and recommendations to the board of trustees. The report should contain:
a. The extent to which the proposed special use departs from the zoning and subdivision regulations of the village.
b. The conformance or nonconformance of the proposed special use.
c. The relationship and compatibility of the proposed special use to adjacent properties and neighborhoods.
d. The effect of the proposed special use on the development pattern, tax base and economic well being of the village.
e. Any necessary conditions or guarantees. (Ord. 961, 2-12-1997, eff. 2-22-1997; amd. Ord. 1132, 4-25-2001)
D. Action By Board Of Trustees:
1. Protest Against Amendment: After receiving the plan commission report, the board of trustees may, based on the standards contained in subsection E of this section, grant or deny the application for a special use permit; provided, however, that in the case of a written protest against proposed amendment of the regulations or districts, signed and acknowledged 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, is filed with the village clerk, the amendment shall not be passed except by a favorable vote of two-thirds (2/3) of the board of trustees.
2. Conditions Of Ordinance: The ordinance granting a special use permit shall include all conditions of such special use permit.
3. Failure To Act Constitutes Denial: If an application for a proposed special use is not acted upon finally by the board of trustees within ninety (90) days of the date the board of trustees receives the plan commission report, and such time is not extended by mutual consent of the board of trustees and the petitioner, it shall be deemed to have been denied.
E. Standards For Issuance: No special use permit shall be granted unless:
1. The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public's health, safety, morals, comfort, or general welfare.
2. The special 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. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.
4. Adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided.
5. Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
6. The special 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 board of trustees pursuant to the recommendation of the plan commission.
F. Effect Of Denial: No application for a special use permit which has been denied by the board of trustees shall be resubmitted for a period of one year from the date of the order of denial except on grounds of new evidence or proof of change of condition found to be valid by the board of trustees. (Ord. 961, 2-12-1997, eff. 2-22-1997)
A. Generally: An appeal may be taken to the board by any person, firm or corporation, or by an officer, department, board or bureau of the village aggrieved by a decision of the administrative official of the village charged with the responsibility of enforcing this title, said individual hereinafter referred to as "zoning administrator". Each appeal shall be taken within sixty (60) days or such lesser time as shall be prescribed by the board by general rule, by filing with the zoning administrator involved and with the board a notice of appeal, specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken.
B. Hearing:
1. Time, Place And Conditions: The board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney. The petitioner shall apply and pay for a written transcript of the proceedings held as a result of his petition, and shall deliver same to the board prior to any decision being made by the board in the case of petitions for variances or conditional use, and in any other case where required by the board.
2. Payment Of Fee: The filing of an appeal before the board shall be accompanied by a check or money order, made payable to the village, in accordance with the fee schedule adopted by the board of trustees. All monies received for filing of appeals shall be credited to the general fund of the village.
C. Stay Of Proceedings: An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board after the notice of appeal has been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed, otherwise than by a restraining order, granted by the board or by a court of record on application and on notice to the zoning administrator, and on due cause shown.
D. Decisions: The zoning board of appeals shall render a written decision on the appeal within a reasonable time, but in no event more than ninety (90) days after the filing of the notice of appeal, and shall promptly forward a copy of the decision to the parties. The zoning board of appeals may affirm or may, upon the concurring vote of four (4) members, reverse, wholly or in part, or modify the decision of the zoning administrator, as in its opinion ought to be done, and to that end shall have the powers of the zoning administrator. All decisions, after hearing the zoning board of appeals from the administrative order, requirement, decision or determination of the zoning administrator shall, in all instances, be final administrative determinations and shall be subject to judicial review only in accordance with applicable law. (Ord. 961, 2-12-1997, eff. 2-22-1997; amd. 1999 Code)
A. Request For Permit: A request for a special use permit for a mobile home park shall be subject to the same requirements and procedures as a planned development as detailed in chapter 3 of this title.
B. Variance To Requirements: The zoning administrator with the consent of the plan commission may vary requirements of chapter 3 of this title if in their opinion the requirements are clearly not applicable to a mobile home park. (Ord. 961, 2-12-1997, eff. 2-22-1997)
A. License Required; Exception: It shall be unlawful for any person to conduct or operate any group home within the village, without first obtaining a license therefor. Provided, however, if any person has been issued a group home license by the state, he shall not be required to obtain a license from the village; however, said group home shall comply with all of the requirements of subsection C of this section.
B. Application For License: Application for a license to conduct and operate a group home shall be made in conformity with the general requirements of the municipal ordinances of Monee relating to applications for licenses 1 . The application shall be under oath and shall contain:
1. The location of the group home for which a license is sought;
2. The number of persons who will be residing on the premises;
3. The name and address of the applicant if an individual, and if a firm, partnership or association, of every member thereof, and in the case of a corporation, the principal address of the corporation and name and address of its officers;
4. The name of the person or persons under whose management or supervision the group home will be conducted;
5. Such information relating to the number, experience and training of employees of the group home and of the moral character of the applicant and employees as the board of trustees may deem necessary.
C. Health And Safety Requirements: No license shall be issued by the village for any group home unless all of the following health and safety requirements shall be satisfied. To be licensed by the village, all group homes for the handicapped shall meet the following criteria:
1. Applicant must demonstrate that he has obtained or is in the process of obtaining a state license or certificate to operate the proposed group home.
2. Demonstrate that the occupants meet the criteria for group home living as required by state and local requirements.
3. Provide professional staff as required by the occupants' evaluated needs, and to provide twenty four (24) hour staff where occupants have or are diagnosed as having impaired ability to live independently.
4. To provide a dwelling unit which meets the following minimum space requirements:
a. Living room, one hundred fifty (150) square feet.
b. Dining room, one hundred (100) square feet.
c. Kitchen, sixty (60) square feet.
d. Bathroom must be contained entirely within the unit and afford privacy to the occupant, and provide the spacing clearance between fixtures as required by applicable existing village ordinances, and shall contain a water closet, sink, and tub or shower enclosure.
e. Bedrooms, seventy (70) square feet minimum, plus seventy (70) square feet for the first occupant, with fifty (50) square feet per additional occupant.
5. Each group home may be located no closer than six hundred feet (600') from the next nearest group home.
6. Have received an occupancy certificate issued by the building department after passing an occupancy inspection, meeting the criteria of the village code, and the requirements of the Monee fire protection district.
D. License Fees; Exemption; Term:
1. License Fee: The annual fee for a license to conduct a group home shall be two hundred dollars ($200.00).
2. Exemption For No Charge To Residents: Group homes which are operated without a charge being made to the residents shall be exempt from payment of the license fee. Application for license for such group home shall be accompanied by an affidavit stating that no charge is made to the residents. After investigation by the Will County health department and upon recommendation of that body, any group home that is not operated for gain, even where a charge is made to the residents, shall be exempt from payment of the license fee by specific action of the board of trustees. Such exemption shall continue only for the duration of the license period.
3. Term Of License: Every license issued under this section shall expire on April 30, following the date of its issuance.
E. Display Of License; Transfer: The license shall be displayed in a conspicuous place near the main entrance inside the home. A license shall be valid only in the hands of the person to whom it is issued, and it shall not be subject to sale, assignment or transfer, voluntarily or involuntarily, nor shall a license be valid for any premises other than those for which originally issued.
F. Investigation; Issuance Of License: The village clerk, upon receipt of an application for license hereunder, shall cause the Will County health department, the building inspector, the fire inspector and the police department to make a thorough investigation of the premises and facilities proposed to be licensed. If all provisions prescribed are met, and the applicant is otherwise qualified, the village shall issue a license to the applicant to conduct a group home at the location specified. The license shall state the maximum number of residents that may be accommodated at any one time.
G. Inspection: Every group home shall be open at all reasonable times to inspection by the Will County health department, the building inspector, and the fire inspector as often as is deemed necessary.
H. Penalty:
1. Penalty Imposed: Any person violating any of the provisions of this section shall be subject to penalty as provided in section 1-4-1 of this code for each offense, and a separate and distinct offense shall be considered as having been committed for each and every day on which any person shall be guilty of such violation.
2. Closure Of Home: Whenever an inspection of a group home discloses that the continued operation of such facility would be found to be an immediate and serious menace to public health and safety, either the Will County health department, the building inspector, or the fire inspector is hereby authorized to close such group home forthwith. (Ord. 961, 2-12-1997, eff. 2-22-1997; amd. 1999 Code)
Notes
| 1 | 1. See title 3, chapter 1 of this code. |
A. Establish Schedule Of Fees: The board of trustees shall establish a schedule of fees, charges and expenses required for zoning certificates, certificates of occupancy, business licenses, variations, special use permits, amendments, planned developments, appeals, mobile home parks and other matters pertaining to this title.
B. Reimbursement For Village Expenses: Applicants for zoning map amendments, variations, conditional uses, special permits, and construction plans of any kind shall be required to reimburse the village for the reasonable expenses incurred by the village for services of the village engineer and village attorney in connection with such requests, including the services rendered in preparation and review of documents, ordinances, plans, specifications and the like, as well as attendance at hearings, if required.
No building permit or construction permit shall be issued until satisfactory proof of payment is submitted by the applicant to the village clerk. Applicant shall execute an acknowledgment, a copy of which is attached to the ordinance codified herein.
C. Payment Of Fees:
1. Payment Required: Until all such fees have been paid, no application for any of the above shall be deemed to have been filed and no action shall be taken on such application.
2. Payment To Collector: All fees shall be paid to the office of the village collector. (Ord. 961, 2-12-1997, eff. 2-22-1997; amd. Ord. 1413, 11-8-2006; Ord. 1916, 5-22-2019)
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