A. Special Use Categories: The development and execution of a zoning ordinance is based upon the division of the City into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses on neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two (2) categories:
1. Uses publicly operated or traditionally affected with a public interest.
2. Uses entirely private in character but 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 of Special Use: Any person owning or having an interest in the subject property may file an application to use such land for one or more of the special uses provided for in this Title in the zoning district in which the land is situated.
C. Application for Special Use: An application for a special use or expansion of a special use shall be filed with the City Clerk and shall be accompanied by such plans or data as prescribed by the Plan Commission and the Zoning Board of Appeals from time to time. At a minimum, such application shall contain the following information:
1. Ownership.
2. Existing zoning of property.
3. Zoning of adjacent and contiguous property.
4. Proposed special use.
5. A written explanation of the need for the special use.
6. The legal description and the common address of the subject property, including permanent index number assigned by the taxing authorities.
7. A current plat of survey prepared by an Illinois registered land surveyor showing the location of all lot lines, utility easements, existing structures, including fences, and the location of payment.
8. Site plan containing all information deemed appropriate by the Plan Commission for complete review of the application for special use.
D. Notice of Application or Petition: Notice of the application or petition shall be given in accordance with the provisions of Section 5-12-7.
E. Processing of Application:
1. Upon receipt of the application referred to herein, the Plan Commission shall hold at least one public hearing. At least fifteen (15) days in advance of such hearing, but not more than thirty (30) days, notice of the time, place and purpose of such hearing shall be published in a newspaper of general circulation in the City. Notice of the public hearing shall be mailed by the City Clerk to the petitioner and to the owners of record of real estate situated within two hundred feet (200') of the real estate sought to be affected by the application or petition. The hearing may be adjourned and continued from time to time upon the affirmative vote of a majority of the members of the Plan Commission present at the hearing.
2. For each application for a special use, the Plan Commission shall report to the City Council its findings and recommendations, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. The Plan Commission shall, within thirty (30) days after the conclusion of the hearing or hearings, make its recommendations to the City Council in writing.
3. The City Council may grant or deny any application for a special use; provided, however, that in the event of written protest against any proposed special use, signed and acknowledged by the owners of twenty percent (20%) of the frontage adjacent thereto, or across an alley, or directly opposite therefrom, such special use shall not be granted except by the favorable vote of two-thirds (2/3) of all members of the City Council.
F. Standards for Special Use: No special use shall be recommended by the Plan Commission unless the Plan Commission shall find:
1. That the establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare.
2. That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood.
3. That 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. That adequate utilities, access roads, drainage or other necessary facilities have been or are being provided.
5. That adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets.
6. That 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 City Council pursuant to the recommendations of the Plan Commission. (Ord. 1994-16, 6-27-94)