(A) General. This chapter 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 classified in any particular district upon consideration in each case of the impact of those uses upon neighboring land and uses, and for the public need for the particular uses at the particular location. Such uses fall into three categories:
(1) Uses publicly operated or traditionally affected with public interest;
(2) Uses entirely private in character, but of such an unusual nature that their operation may give to unique problems with respect to their impact upon neighboring property, public facilities or the village as a whole; and
(3) Uses, either public or private, that, because of past or present conditions, need special consideration.
(Prior Code, § 20-1542)
(B) Authority to grant special use permits.
(1) The Planning and Zoning Board shall have the authority to recommend granting of a special use permit only in accordance with the standards outlined in § 154.212(C) of this chapter.
(2) A special use permit shall authorize only such uses as are listed on the permit and only under the conditions of this chapter and any other conditions that may be made part of said permit.
(Prior Code, § 20-1543)
(C) Standards for issuance. The Planning and Zoning Board shall not make a recommendation to the Board of Trustees to grant any special use permit unless, in each specific case, the Planning and Zoning Board has found that:
(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 the 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 designated as to minimize traffic congestion in the public streets;
(6) Adequate measures have been taken or will be taken to protect any facilities near the proposed special use, such as a school or nursing homes, that may require special protection.
(7) 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 Planning and Zoning Board.
(Prior Code, § 20-1544)
(D) Application.
(1) Every application for a special use shall be filed on forms provided by the Planning and Zoning Administrator, who shall review said application and initiate a permanent record thereof.
(2) In addition to the required application form, the Planning and Zoning Administrator shall require the applicant to submit the following: a site plan, drawn to scale, showing the actual ground area, height and bulk of all existing and proposed buildings and structures, the lot lines and dimensions, the location of building lines to lot lines, the location of any signs, easements, underground utilities, septic tanks, tile fields and water wells; the names and locations of adjoining streets; and the location of driveways and off-street parking areas in relation to those streets.
(3) The Planning and Zoning Administrator shall promptly forward copies of the application form and all attachments and relative documentation to the Chairperson and members of the Planning and Zoning Board.
(Prior Code, § 20-1545)
(E) Hearing.
(1) The Planning and Zoning Board shall schedule and hold a public hearing within 60 days after the application for special use permit is filed.
(2) Notice indicating the time, date and place of the hearing, and the nature of the proposed special use, shall be given not more than 30, nor less than 15, days before said hearing:
(a) By first class mail to the applicant; and
(b) By publication in a newspaper of general circulation within the village.
(3) (a) Any interested party, at any such hearing, may appear and testify either in person or by a duly-authorized agent or attorney.
(b) Every applicant shall have the right to present witnesses on his, her or their behalf and to request that the Chairperson subpoena persons to appear.
(Prior Code, § 20-1546)
(F) Findings of fact, recommendation.
(1) The Planning and Zoning Board may recommend approval or denial of the application for special use permit, upon the concurring vote of five members.
(2) The Planning and Zoning Board shall submit such recommendation, including the reason or reasons for the recommendation, in writing to the Board of Trustees within a reasonable time, but in no event shall that recommendation be submitted more than 30 days after the public hearing on the application for special use permit.
(3) The recommendation so submitted shall be accompanied by findings of fact referring to any exhibits containing plans and specifications for the proposed special use, copies of which shall remain a part of the permanent record of the Planning and Zoning Board, and specifying the following:
(a) The extent to which the proposed special use departs from the zoning and subdivision regulations of the village;
(b) The conformance or non-conformance of the proposed special use with the standards for issuance listed under § 154.212(C) of this chapter;
(c) The relationship and the compatibility of the proposed special use to adjacent properties and neighborhoods; and
(d) The effect of the proposed special use on the development pattern, tax base and economic well being of the village.
(4) (a) Special conditions, if any, shall be contained within the recommendation, but clearly set forth in a conclusion or a statement separate from the Planning and Zoning Board’s findings.
(b) In recommending that a special use permit be granted, the Planning and Zoning Board shall stipulate if the permit is transferable to successive owners of the property in question, or if the permit is not transferable to any other person or any other property.
(Prior Code, § 20-1547)
(G) Action by the Board of Trustees.
(1) The Board of Trustees shall not act upon a proposed special use permit application until it has received and reviewed a written recommendation and findings of fact from the Planning and Zoning Board.
(2) The Board of Trustees may grant or deny any special use permit for which an application has been submitted, and on which a public hearing has been held, regardless of the recommendation from the Planning and Zoning Board.
(3) The Board of Trustees, having voted to grant any special use permit, shall adopt said permit in ordinance form, at its next regularly scheduled meeting.
(4) If an application for a proposed special use is not acted upon finally by the Board of Trustees within 90 days of the date the Board of Trustees received the Planning and Zoning Board’s recommendation, and such time is not extended by mutual consent of the Board of Trustees and the applicant, the special use shall be deemed to have been denied.
(Prior Code, § 20-1548)
(H) 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 the grounds of new evidence or proof that conditions then exist which did not exist prior to the submission of the application and which are found to be valid by the Board of Trustees.
(Prior Code, § 20-1549)
(I) Duration of permit.
(1) Any ordinance granting a special use permit shall be invalid one year from the date of its passage and approval by the Board of Trustees, unless the special use, as permitted, has been substantially implemented by the applicant.
(2) The Board of Trustees shall require any special use permit which is issued, to stipulate the conditions of its duration if the property is sold to another person.
(Prior Code, § 20-1550)
(Ord. 1699, passed 3-17-2014)
Statutory reference:
Related provisions, see 65 ILCS 5/11-13-1.1