A. Authorization: The locations, construction, extension, or structural alteration of any use for which a special use permit is required pursuant to the provisions of this title may be authorized by a permit issued by the corporate authorities, subject to the standards set forth herein, and such conditions as may be imposed pursuant to this chapter. Prior to such authorization, a public hearing shall be held and a published notice shall be given, in the manner prescribed for amendments by this title.
An enclosed arena, sports facility and entertainment complex may be authorized by a special permit issued by the corporate authorities, subject to the standards set forth herein, and such conditions as may be imposed by the city council. Such permit may include the authorization of more than one building on a zoning lot. Prior to such authorization, a public hearing shall be held and a published notice shall be given, in the manner prescribed for amendments to this title.
1. Planned Unit Developments: Planned unit developments, as provided for in chapter 11 of this title, shall be a special use in every zoning district of the city. (Ord. 0-05-01, 1-18-2005, eff. 1-28-2005)
B. Application For Special Use: Any person owning or having 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. Notice Of Hearing: The same procedure for notice of hearing as required for variations (subsection 5-10-8D of this chapter) shall be followed for special use. (Ord. 0-77-27, 7-18-1977)
D. Notice To Property Owners: The petitioner for a special use permit shall notify all property owners within three hundred fifty feet (350'), excluding public land and rights of way, but in no event more than four hundred fifty feet (450'), in each direction of the petitioner's property lines, by certified mail or hand delivery to said property owners, of the date, hour and location of the public hearing and the special use requested. For notice to the owners of condominiums, cooperatives, or other types of common interest communities (except common interest communities made up exclusively of detached single-family homes) service upon the president or registered agent of the condominium association, cooperative, or common interest community as reflected in the records of the Illinois secretary of state, with delivery via first class U.S. mail to individual unit owners, shall be sufficient notice under this paragraph.
Such notice shall be in the same form as the published public notice and shall be mailed or delivered not less than fifteen (15) and not more than thirty (30) days prior to the date of the public hearing. The owners to be notified are such persons or entities which appear in the authentic tax records of Cook County. Proof of notification shall be submitted by the petitioner to the plan/zoning board of appeals no later than the day of the public hearing. (Ord. 0-16-12, 4-11-2016)
E. Standards: No special use shall be recommended by the plan/zoning board of appeals unless said board shall find: (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-03-35, 9-15-2003)
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 community for the purposes already permitted, nor diminish and impair property values within the community.
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 and/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 to minimize traffic congestion in the public streets. (Ord. 0-77-27, 7-18-1977)
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/zoning board of appeals. (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-03-35, 9-15-2003)
7. That the area described in the petition does not lie wholly or partly in floodplain, as defined by the flood control ordinances of the city; or, if it does lie wholly or partly within the floodplain, that adequate provisions for storage, runoff control and floodwater retention, as appropriate, have been made.
F. Conditions And Standards: Prior to granting any special use, the board may recommend, and the city council shall stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified herein, or as may be from time to time required. (Ord. 0-77-27, 7-18-1977)
G. Report Of Hearing: Following a public hearing held before the plan/zoning board of appeals, the board shall transmit to the city council a report thereon containing its findings of fact and recommendations for action to be taken by the city council in the same manner as prescribed for a request for variation (subsection 5-10-8H of this chapter). (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-03-35, 9-15-2003)
For each application for a special use, the board 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. (Ord. 0-77-27, 7-18-1977)
H. Action By The City Council: The city council may grant or deny any application for a special use. A special use shall not be granted contrary to the recommendation of the plan/zoning board of appeals except by the favorable vote of three-fifths (3/5) of the aldermen. (Ord. 0-03-40, 11-3-2003, eff. 11-13-2003)
I. Effect Of Denial Of A Special Use: After a public hearing, no application for a special use which has been denied wholly or in part by the city council shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of substantial new evidence of proof of changed conditions found to be valid by the plan/zoning board of appeals. (Ord. 0-77-27, 7-18-1977; amd. Ord. 0-03-35, 9-15-2003)
J. Period Of Validity: No decision granting a special use shall be valid for a period longer than twelve (12) months from the date of such decision unless:
1. An application for a zoning certificate is obtained within such period and construction, reconstruction or remodeling is started.
2. Upon written application, filed prior to the twelve (12) month period, the city council authorizes an extension for six (6) months; or
3. An occupancy certificate is obtained and a use is commenced. Any lawfully established special use of a building or land shall be allowed to continue until such time as:
a. The authorized special use is changed, or
b. The authorized special use is discontinued for a period of twelve (12) months. (Ord. 0-77-27, 7-18-1977)