A.
Purpose. Because of their unique and potentially harmful
characteristics, the uses set forth in this article shall be located
in a district or districts only upon consideration in each case of
the impact of such use upon neighboring land and of the public need
for such a use at the particular location. Such uses, hereby designated
as "special uses," fall into three categories:
(1)
Uses either governmentally owned and operated or operated
by regulated public utilities or traditionally affected by a public
interest.
(2)
Uses entirely private in character but of such a nature
that their operation may give rise to unique problems with respect
to their impact upon neighboring property or public facilities.
(3)
Planned developments.
B.
Delegation of power. The County Board is hereby authorized
to decide whether special use permits shall be granted subject to
the general and specific standards contained in this chapter; to grant
special use permits with such conditions or restrictions as are appropriate
to protect the public interest and to secure compliance with these
regulations; and to deny requests which fail to satisfy the standards
and requirements contained herein and which are not in harmony with
the purposes and interest of these regulations and the health, safety,
and welfare of the community. The County Board shall not act on a
special use permit application until after a public hearing has been
held by the Zoning Board of Appeals. In no event shall a special use
permit be granted where the proposed use is not authorized by the
terms of these regulations, or where the standards of this article
are not found to exist.
C.
Conditions and guarantees. Prior to the granting of
any special use permit, the Zoning Board of Appeals may recommend
and the County Board may stipulate such conditions and restrictions
upon the establishment, location, construction, maintenance and operation
of the special use permit as are deemed necessary for the protection
of the public interest and to secure compliance with the standards
and conditions contained herein. In all cases in which a special use
permit is granted, the Zoning Board of Appeals may recommend or the
County Board may require such evidence and guarantees as may be deemed
necessary to ensure that the conditions stipulated are being, and
will be, fully complied with.
A.
General special uses.
(1)
Application. A written application for a general special
use permit shall be filed with the Director of Building and Zoning
on forms prescribed by the Director of Building and Zoning. Each general
special use permit application shall include a statement indicating
the section of this chapter under which the permit is sought, the
grounds upon which it is requested, and sufficient evidence to show
that the use will conform to the standards set forth. The application
shall be accompanied by an area map and site plan of the subject property.
(2)
Fees. Each application for a general special use permit
shall be subject to a filing fee as established by the County Board
and the actual cost of publishing the public hearing notice.
(3)
Site plan. All applicants for a general special use
permit shall submit with their application three copies of a development
plan for the property which shall include the following:
(4)
Hearing. Upon receipt of the formal application and
all accompanying material, the Director of Building and Zoning shall
call a public hearing for the next scheduled meeting of the Zoning
Board of Appeals; provided, however, that notice must be published
in a newspaper of general circulation not more than 30 days and not
less than 15 days prior to the date set for hearing. In the case of
a wind energy conversion system (WECS) application, if the site plan
contemplates placement of more than five WECS towers within one mile
of an occupied residence, the applicant shall provide notice via certified
mail to each such residence stating that the proposed site plan includes
placement of more than five towers within one mile of the residence,
said notice to be provided not less than 30 days prior to the public
hearing.
[Amended 3-10-2022]
(5)
Recommendation. The Zoning Board of Appeals shall
submit a written report and recommendation to the County Board within
30 days after the close of the public hearing. The concurring vote
of at least four members of the Zoning Board of Appeals shall be necessary
in order to recommend approval to the County Board of a special use
permit application.
[Amended 6-17-2008]
(6)
Findings. In making a recommendation to the County
Board, the Zoning Board of Appeals shall specify the particular grounds
relied upon and their relation to the proposed use and shall make
affirmative findings that the proposed use conforms with the general
standards set forth in this article. In no case shall a special use
permit be granted if the proposed use will constitute a nuisance or
a public health or safety hazard to adjacent properties or to the
community at large.
(7)
Action by County Board. The County Board shall consider
the Zoning Board of Appeals' recommendation at the next regularly
scheduled County Board meeting for which the agenda item can be docketed.
The County Board, upon receiving the written report and recommendation
of the Zoning Board of Appeals, may, by majority vote, grant or deny
any proposed special use permit or may refer it back to the Zoning
Board of Appeals for further consideration. If said application for
a proposed special use permit is not acted upon finally by the County
Board within 120 days of the date upon which such application is received
by the County Board, it shall be deemed to have been denied.
B.
Planned developments.
(1)
Purpose. The purpose of planned developments is:
(a)
To encourage improved design in the development of land by providing
relief from the traditional zoning requirements which are designed
for conventional developments.
(b)
To avoid creating an undue hardship or complications for desirable
but unconventional developments.
(c)
To establish standards and procedures for the issuance of a special
use permit for a planned development to meet the following objectives:
[1]
Environmental design in the development of land
that is of a higher quality than is normally possible through the
strict application of zoning ordinance requirements.
[2]
Preservation of natural features of a development
site.
[3]
Provide for the functional and beneficial use
of open spaces.
[4]
Provide for a safe and desirable living environment
in areas characterized as a unified building and site development
program.
[5]
Creation of a compatible arrangements of buildings
and uses to provide a greater choice of living, working, and shopping
environments.
(2)
Concept plan. An applicant may submit a concept plan
to the Zoning Board of Appeals for tentative review and approval.
The intent of this procedure is to give the applicant an idea if the
proposed development is acceptable to the County prior to incurring
the expenses associated with preparing a map amendment and preliminary
subdivision plan.
(a)
A concept plan shall include maps and written
statements and shall describe the relationship of the proposed planned
development to the surrounding areas.
[1]
Maps and plans that are part of the concept
plan may be in general form and shall contain the proposed land uses,
the natural features of the site, the character and density of proposed
land uses, the approximate location of all streets, roads and utility
systems.
[2]
The written statement shall contain a general
explanation of the size and character of the proposed planned development
and expected schedule of construction.
(b)
The McLean County Zoning Board of Appeals shall
review the concept plan within 60 days after receipt of such plan
and shall submit a written report and its recommendation to the County
Board.
(3)
Modification of zoning district and Subdivision Ordinance
regulations. Planned developments shall be constructed in zoning districts
as a special use permit subject to the standards and procedures set
forth in this article.
(a)
Except as modified by and approved by a final subdivision plat, a planned development shall be governed by the regulations of Chapter 317, Subdivision of Land, and the zoning district or districts in which the planned development is located.
(b)
The ordinance approving the planned development and the final subdivision plat may provide variations from the design standards of Chapter 317, Subdivision of Land, and the zoning district regulations governing use, density, area, bulk regulations, parking, screening, berming, signs, open storage, impervious surface limitations and required open space. No modification of the zoning district requirements or the design standards of Chapter 317, Subdivision of Land, may be allowed when such modifications result in:
[1]
Inconvenient or unsafe access to the planned
development;
[2]
Traffic congestion in the streets and roads
which adjoin the planned development; or
[3]
An undue or disproportionate burden on the parks,
schools, fire and police protection and other public facilities which
serve or are proposed to serve the planned development.
(c)
Before submitting an application for a planned
development, the applicant shall confer with the McLean County Department
of Building and Zoning to obtain information and guidance before entering
into binding commitments or incurring substantial expense.
(d)
Application shall be made on forms supplied
by the McLean County Department of Building and Zoning.
(e)
An application for a planned development must
be accompanied by either a concept plan or a preliminary subdivision
plan. If the applicant selects the concept plan option, the concept
plan shall be submitted to the Zoning Board of Appeals for analysis
and recommendation to the County Board. If the applicant selects the
preliminary development plan option, the Land Use and Development
Committee will hold a public hearing and make a recommendation to
the County Board.
(f)
A preliminary development plan is required and
must be submitted within one year following the approval of a concept
plan. If a preliminary development plan is not submitted within one
year, the approval of the concept plan by the County Board is withdrawn
and the concept plan shall be null and void.
(g)
Within one year of the approval of a preliminary
development plan, the applicant shall submit an application and supporting
drawings for a final subdivision plat.
(4)
Preliminary development plan.
(a)
The preliminary development plan shall be prepared
at a scale dimension of not more than one inch equals 100 feet, and
shall include:
[1]
Boundaries of the project with dimensions to
scale;
[2]
Contour intervals of two feet;
[3]
Proposed size, height, location and arrangement
of structures, parking areas with proposed arrangement of stalls and
number of cars, entrance and exit driveways and their relationship
to existing and/or proposed streets;
[4]
A preliminary drainage plan in sufficient detail
to show direction of flow, stormwater detention facilities, if needed,
and major drainage structures;
[5]
A general landscape plan, to include location
and height of all walls, fences, signs and screen plantings;
[6]
Note provision for dedication of new or additional
rights-of-way, if needed; such to be dedicated to the County prior
to approval of a final development plan;
[7]
Phases of final development;
[8]
The name and address of the owner, applicant
and engineering firm which prepared the plan;
[9]
The seal of the engineering firm licensed in
the State of Illinois developing the plan, scale, North point and
date of plan; and
[10]
A description of any limitations
to be placed on the range of permitted uses, the hours of operation,
the structure materials to be used or other similar factors.
(b)
Ten copies of the preliminary development plan
shall be submitted.
(5)
Final development plan.
(a)
The final development plan shall be prepared
in the same manner and include the same type of information as the
preliminary development plan (updated to show final sizes, dimensions
and arrangement) with the following additions:
(b)
The final development plan shall substantially
conform to the approved preliminary plan, shall be in final form for
the issuance of a construction permit, shall have been previously
reviewed by the appropriate County staff, and shall include a construction
schedule. A final approval by the County Board shall authorize construction
to begin according to the construction schedule, provided all appropriate
permits have been received. Construction of at least the first stage
of development shall begin within three years from the approval date
of the final development plan by the County Board. If construction
does not begin within this period and no effort is made for an extension
of time by the owner, the final development plan shall be voided.
[Amended 2-17-2015]
(6)
Construction permits. Upon approval of the final development
plan by the County Board, the owner shall provide five copies of the
approved final development plan to the Building and Zoning Department.
The Director of the Building and Zoning Department or his/her designee
shall issue construction permits only in accordance with the approved
final development plan.
[Amended 2-17-2015]
(7)
Amendments. If any substantial variance or rearrangement
of structures, parking area and drives, entrances, heights or open
spaces is requested by the applicant, the applicant shall proceed
by following the same procedure previously followed and outlined in
the preliminary development plan.
(8)
Open space. The Zoning Board of Appeals may require
the provision of open space to buffer dissimilar uses; to protect
environmentally sensitive areas; or to counterbalance any reduction
in lot area, yard size or bulk limitations.
(a)
Open space requirements. If the Zoning Board
of Appeals requires open space, the County and the applicant shall
enter into an agreement providing for the establishment of an agency
to maintain the open space. Such agreement shall include provision
for default, cure by the County, and enforcement.
(b)
Disposition of open space. The agency established
in the preceding section shall not be dissolved or permitted to otherwise
dispose of any open space by sale or otherwise without first offering
to dedicate the same to the County.
[Amended 2-20-2001]
Generally. Before any permit shall be granted,
the Zoning Board of Appeals shall make written findings certifying
that adequate provision has been made for the following:
A.
The proposed special use will not be detrimental to
or endanger the health, safety, morals, comfort, or welfare of the
public.
B.
The proposed special use will not be injurious to
the use and enjoyment of other property in the immediate vicinity
for purposes already permitted or substantially diminish property
values in the immediate area.
C.
The proposed special use will not impede the orderly
development of the surrounding property for uses permitted in the
district.
D.
Adequate utilities, access roads, drainage and/or
other necessary facilities have been or will be provided.
E.
Adequate measures have been or will be taken to provide
ingress and egress so designed as to minimize traffic congestion in
the public streets.
F.
The establishment, maintenance and operation of the
special use will be in conformance with the intent of the district
in which the special use is proposed to be located.
[Amended 6-17-2008]
G.
The proposed special use, in all other respects, conforms
to the applicable regulations of the district in which it is located.
In granting a special use, the County may impose such conditions, safeguards and restrictions upon the premises to reduce or minimize any potential injurious effect of such special uses upon other property in the neighborhood, and to carry out the general purpose and intent of these regulations. The conditions specified for the uses listed in Article VI, § 350-43, shall also be requirements for the approval of a special use permit.
A.
Sunset. A special use permit shall expire unless a
construction permit is taken within 24 months to effectuate such specially
permitted use or, if no construction permit is required, evidence
of use is filed with the Director of Building and Zoning.
[Amended 6-17-2008]
B.
Abandonment. Once a specially permitted use ceases
or is abandoned for a period of more than 12 months, the special use
permit shall expire; except that the special use permit for an auto
salvage yard shall automatically expire if the state license for operating
the auto salvage yard lapses for a period of time more than six months.
[Amended 6-17-2008]
C.
Upon a public hearing, a special use permit may be
revoked by the County Board:
(1)
For a violation of the codes and ordinances of McLean
County, including, but not limited to, this chapter.
(2)
For a violation of the district regulations.
(3)
For a violation of noncompliance with the conditions,
limitations or requirements contained in the special use permit or
these regulations.
No application for a special use permit which
has been denied wholly or in part by the County Board shall be resubmitted
for a period of one year from the date of said order of denial, except
on the grounds of new evidence of proof of change of conditions found
to be valid by the Director of Building and Zoning.
