A. Purpose:
1. The development and execution of this title is based upon the division of the Village into districts, within any one of which the use of land and buildings, and the bulk and location of buildings or structures, as related to the land, are essentially uniform.
2. It is recognized, however, that there are special uses which, because of their unique character, cannot be properly classified in any particular district or districts without consideration, in each case, of the potential impact of those uses upon neighboring lands and upon the public need for the particular use or particular location.
3. Such special uses fall into two (2) categories:
a. Uses operated by a public agency or publicly regulated utilities, which are uses traditionally associated with a public interest, such as parks, recreation areas, public administrative buildings, or the private use of existing public buildings.
(1) It is stressed that public uses are associated with the public interest.
(2) In the case of a request for a special use by a unit of local government, for a public use within its statutory mandate, the review shall not be based on determining the need for the publicly mandated use on the specific site but, rather for assessing the impact of the proposed public use upon neighboring lands, and upon the Village's streets or utilities.
b. Uses entirely private in character, but of such a nature that the operation may give rise to unique problems or benefits with respect to their impact upon neighboring property, public facilities, the Village as a whole, or the natural environment or resources.
B. Authority: The Village Board shall, after receiving a recommendation from the Planning Commission/Zoning Board of Appeals in the manner hereinafter set forth, approve, approve with conditions, or deny a special use, pursuant to the procedures set forth herein.
C. Initiation: Special uses may be made by any person, or by an office, department, board, bureau or commission requesting or intending to request a building permit, or occupancy certificate.
D. Processing: A petition or application for a special use permit shall be filed with the zoning official, and shall include at least the following information:
1. Name, address and telephone number of the applicant.
2. Legal description of the property for which the special use is requested.
3. Description of the existing use of the affected property.
4. The present zoning classification for the affected property.
5. Description of the proposed special use.
6. A dimensioned site plan or plat, showing the location of:
a. All buildings.
b. Parking areas.
c. Traffic access and circulation.
d. Open spaces and yards.
e. Landscaping.
f. Refuse and service areas.
g. Utilities.
h. Signs.
i. Other information as determined by the Planning Commission/Zoning Board of Appeals as necessary for determining if the proposed special use meets the intent and requirements of this title.
7. A grading plan, showing existing and proposed contours and proposed routing and storage of stormwater, when new construction or site development is proposed.
8. A written statement, that addresses the:
a. Economic effects on adjoining properties.
b. Effects of such elements as noise, glare, odor, fumes and vibration on adjoining properties.
c. General compatibility with adjacent and other properties in the district.
d. Effects of traffic generated by the proposed use.
e. Relationship to the comprehensive land use plan.
f. How the proposed special use fulfills requirements of this chapter.
E. Hearing:
1. The zoning official shall transmit the application for a special use to the Planning Commission/Zoning Board of Appeals, who shall hold a public hearing at such time and place as shall be established by the Chairperson of the Planning Commission/Zoning Board of Appeals, after due notice is provided.
2. The hearing shall be conducted, and a record of such proceedings shall be preserved, in such a manner as the Planning Commission/Zoning Board of Appeals shall prescribe.
3. Notice requirements for public hearings on amendments are set forth in section 11-13-8 of this chapter.
F. Standards:
1. The Planning Commission/Zoning Board of Appeals shall not recommend, nor the Village Board approve a special use, unless it shall find, based upon the evidence presented to the Planning Commission/Zoning Board of Appeals in each specific case, that the special use:
a. Will be harmonious with and in accordance with the general objectives of the comprehensive land use plan and/or this title.
b. Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not alter the essential character of the same area.
c. Will not be hazardous or disturbing to existing or future neighborhood uses.
d. Will be adequately served by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewers and schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.
e. Will not create excessive additional requirements at public cost for public facilities and services, and will not be detrimental to the economic welfare of the Village.
f. Will not involve uses, activities, processes, materials, equipment and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
g. Will have vehicular approaches to the property which shall be so designed as to not create an undue interference with traffic on surrounding public streets or highways.
h. Will not increase the potential for flood damage to adjacent property, or require additional public expense for flood protection, rescue or relief.
i. Will not result in the destruction, loss or damage of natural, scenic or historic features of major importance to the Village.
2. The special use shall, in all respects, conform to the applicable regulations of the district in which it is located, except as such regulations may be modified, in each instance, by the Village Board, pursuant to the recommendations of the Planning Commission/Zoning Board of Appeals.
G. Decision:
1. Within one hundred twenty (120) days after the close of the hearing on a proposed special use, the Planning Commission/Zoning Board of Appeals shall prepare a written statement of findings of fact and recommendations and submit this statement to the Village Board. Said findings of fact shall address how the proposed special use does, or does not comply with the standards set forth in this chapter.
2. The Village Board may, by ordinance, grant, or grant with modification, a requested special use. If an application is not acted upon by the Village Board within six (6) months of the date upon which such application is filed, it shall be deemed to have been denied.
3. The Planning Commission/Zoning Board of Appeals may recommend, and the Village Board may approve, conditions and restrictions upon the premises benefitted by a special use as shall be necessary in their opinion to:
a. Comply with the standards set forth in this chapter.
b. Reduce or minimize injurious effect of such special use on other property in the neighborhood.
c. Implement the general purpose and intent of this title.
4. No special use shall be granted, except by ordinance duly passed and adopted by the Village Board after public hearing and written recommendation from the Planning Commission/Zoning Board of Appeals:
a. Without further public hearing, the Village Board may grant, deny or amend the recommendation for special use.
b. Every special use which is granted by ordinance of the Village Board shall be accompanied by findings of fact, and shall refer to any exhibits containing plans and specifications of the proposed special use, which shall remain a part of the permanent records of the Planning Commission/Zoning Board of Appeals.
c. The findings shall specify the reason or reasons for approving or denying the special use.
d. Any terms of relief granted as part of a special use shall be specifically set forth in the findings and ordinance.
5. A concurring vote of a majority of those members of the Planning Commission/Zoning Board of Appeals present at the meeting, with a minimum of four (4) concurring votes, shall be required to recommend granting or denying an application for a special use.
6. Changes in restrictions or conditions shall be processed in the manner established by this chapter for special uses.
H. Recording Of Special Use: Prior to the issuance of any building permit, certificate of occupancy or any related development or construction approval, the zoning official or designee shall cause the ordinance granting the special use to be recorded in the Office of the Kane County Recorder of Deeds. The petitioner or applicant shall reimburse the Village all costs associated with recording the ordinance.
I. General Provisions:
1. Written Protest: A special use shall not be passed except by a favorable vote of two-thirds (2/3) of the members of the Village Board in the case of a written protest against any proposed special use when said protest is signed and acknowledged by the owners of twenty percent (20%) of the:
a. Frontage proposed to be altered.
b. Frontage immediately adjoining or across an alley from the property.
c. Frontage directly opposite the frontage proposed to be altered.
The written protest shall be served by the protester or protestors on the applicant for the proposed special use, and a copy served on the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application or petition for the proposed special use.
2. Effect Of Denial Of A Special Use: No application for a special use which has been denied wholly or in part by the Village Board shall be resubmitted for a period of twelve (12) months from the date of said order of denial, except on the grounds of substantial new evidence or proof of changed conditions found to be valid by the Planning Commission/Zoning Board of Appeals and Village Board.
3. Transferability: Approved special uses run with the land and are not affected by changes of tenancy, ownership, or management.
4. Amendments: A request for changes in the specific nature of the approved special use or changes to any conditions attached to an approved special use shall be processed as a new special use application, including all requirements for fees, notices and public hearings.
5. 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:
a. An application for a zoning certificate is obtained within such period and construction, reconstruction, moving and remodeling is started, or
b. An occupancy certificate is obtained and a use is commenced.
The Village Board may grant additional extensions of time not exceeding six (6) months each, upon written application made within the initial six (6) month period without further notice or hearing, but said right to so extend said time shall not include the right to grant additional relief by expanding the scope of the special use. Nothing in this section shall limit or affect the validity of a special use granted under the terms of this section if the relief sought and obtained herein does not require the issuance of a zoning or occupancy certificate or the commencement of use, construction, reconstruction, moving or remodeling.
6. Lapse Of Approval:
a. An approved special use will lapse and have no further effect twelve (12) months following its approval, unless: 1) a building permit has been issued (if required); or 2) the use or structure has been lawfully established.
b. The Village Board is authorized to extend the expiration period for good cause on up to two (2) separate occasions, by up to six (6) months each. Requests for extensions shall be submitted to the zoning official before the special use approval expires. No hearings, notices or fees are required for extensions.
c. A special use also lapses upon revocation of a building permit or a certificate of occupancy for violations of conditions of approval or upon expiration of a building permit to carry out the work authorized by the special use. (Ord. 2002-01-15B, 1-15-2002; amd. Ord. 2016-04-05I, 4-5-2016; Ord. 2018-03-20C, 3-20-2018)