(A) Intent. The special use permit approval procedure of this section is intended to provide a transparent, public review process for land uses that, because of their widely varying design and operational characteristics, require case-by-case review in order to determine whether they will be compatible with surrounding uses and development patterns.
(B) Authority to file. Special use permit applications may be filed by any person, firm, or corporation having a freehold interest, a possessory interest entitled to exclusive possession, or any exclusive possessory interest that is specifically enforceable on the property that is the subject of the proposed special use permit. Applications may be filed by the property owner (described above) or by the owner's authorized agent.
(C) Application filing. Complete applications for special use permits must be filed with the Zoning Administrator. A separate application must be made for each noncontiguous parcel of land.
(D) Notice to Soil and Water Conservation District. Applicants requesting approval of a special use permit must furnish a copy of the application to the Will/South Cook Soil and Water Conservation District. No hearing may proceed on the special use permit application until the Soil and Water Conservation District has submitted a written opinion on the application to the Planning and Zoning Commission or until at least 30 days have passed from the date of receipt of the application by the Soil and Water Conservation District, whichever occurs first.
(E) Review and report—Zoning Administrator. The Zoning Administrator must prepare a report and recommendation that evaluates the proposed special use in light of the standards of division (I) of this section. The report must be transmitted to the Planning and Zoning Commission before their public hearing on the proposed special use permit.
(F) Notice of hearing.
(1) Newspaper notice. Notice of the Planning and Zoning Commission's required public hearing on a special use permit application must be published in the newspaper in accordance with § 155-16.10(D)(3).
(2) Delivered notice. Notice of the Planning and Zoning Commission's required public hearing on a special use permit application must be delivered to the subject property owner and all owners of property abutting the subject parcel, in accordance with § 155-16.10(D)(3). Notice must also be delivered to the clerk of each municipality whose corporate limits are within one and one-half miles of the land that is the subject of the special use permit application.
(3) Posted notice. Notice of the Planning and Zoning Commission's required public hearing on a special use permit application must be posted on the subject property in accordance with § 155-16.10(D)(3).
(G) Hearing and recommendation—Planning and Zoning Commission.
(1) The Planning and Zoning Commission must hold a public hearing on the special use permit application.
(2) Following the close of the hearing, the Planning and Zoning Commission must act by simple majority vote to recommend that the proposed special use permit be approved, approved with modifications and/or conditions, or denied and transmit its findings and recommendations to the County Board.
(H) Final action—County Board.
(1) County Board decision process.
(a) For special use zoning applications for commercial solar energy facilities (see § 155-9.245) and commercial wind energy facilities (see § 155-9.260), the County Board shall, within 30 days after the completion of the Public Hearing, approve the request if the standards and conditions of the zoning ordinance and the conditions imposed under state and federal statutes and regulations are met.
(b) For all other special use zoning applications.
1. Upon receipt of the Planning and Zoning Commission's findings and recommendation, the County Board may act to approve the proposed special use permit application, approve the special use permit with conditions and/or modifications or deny the special use permit.
2. The County Board may also return the application to the Planning and Zoning Commission for further consideration, together with a written explanation of the reasons for doing so.
(2) The County Board is authorized to impose such conditions and restrictions upon the premises benefitted by a special use permit as the Board determines to be necessary to ensure compliance with the standards of division (I) of this section, to reduce or minimize the effect of the special use upon other properties in the area, and to better carry out the general public and intent of this zoning ordinance.
(3) The County Board may act by a simple majority vote of the entire County Board.
(4) If no action is taken by the County Board within six months after receipt of the report of the Planning and Zoning Commission, the application is deemed to have been denied.
(I) Review criteria and standards. No special use permit may be recommended for approval or approved unless:
(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 or impair property values within the neighborhood.
(3) 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) Adequate utilities, access roads, drainage, and/or other necessary facilities have been or will be provided to serve the proposed use.
(5) Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
(6) The special use in all other respects conforms to the applicable regulation of the district in which it is located, except as such regulations may in each instance be modified by the County Board pursuant to the recommendation of the Planning and Zoning Commission.
(J) Lapse of approval.
(1) An approved special use permit will lapse and have no further effect two years after it is approved by the County Board, unless:
(a) A building permit or site development permit has been issued (if required);
(b) A certificate of occupancy has been issued; or
(c) The special use has been lawfully established.
(2) The County Board is authorized to extend the expiration period for good cause on up to four separate occasions, by up to 180 days each. Requests for extensions must be submitted to the Zoning Administrator before the special use permit expires. No hearings, notices or fees are required for extensions.
(3) A special use permit also lapses upon revocation of a building permit for violations of conditions of approval or upon expiration of a building permit to carry out the work authorized by the special use permit.
(4) If any special use is abandoned, or is discontinued for a continuous period of one year or more, the special use permit for such use is void, and such use may not be reestablished unless and until a new special use permit is obtained in accordance with the procedures of this section.
(K) Successive applications. In the event that a special use permit application is denied, no application may be approved for substantially the same use on substantially the same site for 12 months from the date of denial by the County Board, unless the County Board determines that conditions in the area have substantially changed.
(Ord. effective 10-1-2012; Ord. 18-1, passed 1-18-2018; Ord. 19-89, passed 4-18-2019; Ord. 22-226, passed 9-15-2022; Ord. 23-70, passed 3-16-2023)