(A) Notwithstanding any other provisions in this code to the contrary, it shall be lawful for the Zoning Board of Appeals and the City Council to consider and to grant a special use permit for dwelling space below the second story in zoning districts B-1, B-2 and B-3 provided the following conditions are met in addition to other circumstances deemed relevant by the Zoning Board of Appeals and the City Council:
(1) The dwelling space must be at least 800 square feet in size and must leave not less than 1,200 square feet of space which complies with the applicable zoning classification of the building (such as either B-1, B-2 or B-3).
(2) The dwelling space must be located at the rear of the building and not be apparent from the front of the building.
(3) The dwelling space shall be the building owner's residence. In addition to the owner(s), only his or her immediate family may also reside there provided sufficient accommodations are located in the subject dwelling space.
(4) This special use is transferable to subsequent owners of the subject property provided the subsequent owner(s) comply with the provisions of this code.
(5) At the time a building owner applies for a special use permit, he or she shall identify all persons who will reside in the dwelling space and shall provide a written description and a sketch of the proposed dwelling space. The sketch shall include designations of the various rooms and their sizes which shall be shown as near to scale as feasible. If the special use permit is approved, the owner shall not deviate from the plan or allow anyone else to deviate from the plan without the written consent of the Zoning Board of Appeals and the Building and Grounds Committee.
(6) The owner shall comply with all laws, ordinances, rules and regulations applicable to dwellings including, but not limited to, the Illinois Smoke Detector Act and § 150.052 of this code concerning means of egress as now in force or hereafter amended.
(7) Until the modification of the premises has been completed, or, in the event the owner undertakes to further modify the residential floor plan located below the second story after the special use was approved, the owner shall be deemed to have given the Building and Grounds Committee his or her irrevocable consent to inspect the dwelling space after the Committee provides reasonable notice of its intent to inspect the premises. Notice given to the owner or his or her agent at least 48 hours prior to the inspection shall be considered reasonable notice.
(B) Any person convicted of a violation of this section shall be punished by a fine not less than $75 but not more than $750 for any one offense. A separate offense is committed upon each day that the violation occurs.
(Ord. 02-15, passed 1-20-03)