Each application made under the Building Code (Chapter 120, Article I, of the Village Code) for a permit to erect, convert, enlarge or structurally alter a building or structure shall be submitted to the Zoning Administrator and shall state the purpose for which the building or structure will be used. Each such application shall be accompanied by a plat that is drawn to scale, showing the lot occupied or to be occupied by the building or structure, the actual dimensions of the lot, the size and location of the building or structure to be erected, converted, enlarged or structurally altered, the distance from the building or structure to each lot line and the location of each parking space required under the provisions of this chapter.
The erection, reconstruction, conversion, enlargement or structural alteration of a building entirely occupied by a conforming use or uses and that the applicable height, area, yard and parking regulations are fully met.
The reconstruction of a building occupied wholly or partly by a nonconforming use which has been damaged by fire, explosion or act of God and that such reconstruction is authorized under the provisions of § 320-28.
The conversion or structural alteration of a building, other than a dwelling, occupied wholly or partly by a nonconforming use, that the applicable land use, building and lot, signage and parking regulations are fully met and that such conversion or structural alteration is authorized under the provisions of § 320-28.
The building permit, if issued, shall state upon its face the purpose or purposes for which the building or structure will be used and whether such use is conforming or nonconforming in character.
No new building or structure shall be occupied and no change shall be made in the use of any land or existing building until a permit authorizing such occupancy or use has been issued by the Zoning Administrator to the owner of the building or land. An application for an occupancy or use permit shall be made by the owner of the building or land, or by his or her agent, and shall state the precise purpose or purposes for which the building or land will be occupied or used. Except as provided in § 320-28, no occupancy or use permit shall be issued unless the use or uses set forth in the application are conforming uses and the applicant demonstrates to the satisfaction of the Zoning Administrator that the applicable land use, building and lot, signage and parking regulations for that use are fully met. The permit, if issued, shall state upon its face the precise purpose or purposes for which the building or land shall be used. Any transfer of ownership of the building or land shall automatically effect a transfer of the occupancy or use permit.
No building or land shall be occupied or used for any use other than a conforming use in existence on the date this chapter became effective as to such building or land, unless a permit authorizing such occupancy or use has been issued and is in full force and effect.
The owner of any building or land lawfully occupied by or used for a nonconforming use on the effective date of this chapter, or on the date this chapter becomes effective as to such building or land, shall, within one year after such date, apply for an occupancy or use permit to continue as a nonconforming use under the provisions of § 320-28. The application for the permit and the permit, if issued, shall state the precise purpose or purposes for which the building or land was occupied or used on such date and, in the case of buildings other than dwellings, shall state the date that the building was constructed or the date of its last substantial conversion, enlargement or structural alteration.
Site plans shall be drawn at a scale of not less than one inch equals 100 feet; and two copies of the site plan shall be submitted with the permit application to the Village Clerk.
The site plan shall include, but not be limited to, the types and dimensions of structure proposed, number and size of dwelling units, floor area of any commercial or industrial building, child or student capacity, buffers, landscaping, off-street parking area, anticipated expansion and other information deemed necessary by the Zoning Administrator to illustrate compliance with the requirements of this chapter.
A preliminary site plan may be submitted for preliminary or tentative zoning approval; provided, however, that a final site plan shall be submitted and reviewed for compliance with the provisions of this chapter prior to the issuance of any permit.
The site plan shall include the location of all existing and planned utilities located upon or under the land surface and a plan for surface water drainage.
Purpose and intent. It is recognized that certain uses possess characteristics and impacts of such unique and special form as to make impractical their being included automatically as permitted uses of right in the various districts established by this chapter. Special uses are those which have special impacts on adjacent properties, on the neighborhood or on the community which the permitted uses in a given district would not typically have. Such special impacts include: traffic, visual, environmental, nuisance, privacy, and safety and public welfare. Therefore, these uses shall be subject to certain conditions and standards set forth in this section, and the authority for the location thereof shall be subject to review and recommendation by the Plan Commission, after a public hearing is held pursuant to notice of said public hearing published once not more than 30 days nor less than 15 days prior to said public hearing in a newspaper with general circulation in the Village and published in Vermilion County, Illinois, with a final decision and issuance of a special use permit by the Village Board; provided, however, a special use permit may not be granted for a use in a zoning district from which it is specifically excluded by the provisions of this chapter. The general intent is to introduce flexibility in the location of special, borderline uses which are similar to uses in any particular district but have grater intensity or uniqueness of function and neighborhood impact so as to require special conditions of location or operation. No special use has a guaranteed right of being permitted in the district under which it is listed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
General conditions. A special use permit shall not authorize a use which does not comply with the minimum requirements of the district in which it is located or laws of the State of Illinois regulating nuisance, pollution, hazardous occupation or other uses or activities.
Restrictions and standards. Authorization for a special use permit may be granted subject to the following conditions or other conditions necessitated by the conditional characteristics of the proposed use:
Buildings involving the large assemblages of people, as determined by the Village Board, shall not be located less than 300 feet from any existing dwelling site.
Uses involving nuisance such as noise, vibration, pollution, odor, etc. shall not be located less than 500 feet from a Residential District or less than 1,000 feet from an existing dwelling.
Uses involving the large assemblages of people shall not be located where the arterial traffic system is inadequate to provide for the increased traffic density.
Uses involving the extensive use of exterior lighting shall not be located where such lighting may be a nuisance to or hazardous to air or ground traffic or to residences, and such uses shall not be located less than a distance required to reduce the light intensity to normal residential streetlighting intensity at any R Residential District boundary.
The establishment, maintenance or operation of the use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood or Village.
The establishment of the use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
The exterior architectural appeal and functional plan of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or in the character of the applicable district as to cause a substantial depreciation in the property values within the neighborhood, and outdoor storage and solid waste storage shall be managed and screened so as to be compatible with adjacent properties.
Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets, and will not create such added traffic beyond what local streets can safely and efficiently handle.
The use shall, in 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 pursuant to the recommendations of the Plan Commission.
Written applications shall be filed with the Zoning Administrator and shall be accompanied by a site plan drawn as required by § 320-6 of this chapter. The application shall include a list showing the names and last known addresses for all property owners of record within 500 feet of the premises where the special use is to be located.
The application shall be referred to the Plan Commission. The Plan Commission, within 35 days of the date of the application, shall review the application, hold a public hearing pursuant to notice and shall make a written report to the Village Board recommending approval or denial of the application.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The special use permit issued may be conditioned on any of the standards in this chapter and can include time limits, inspections and annual renewals and other terms deemed necessary or appropriate by the Board. Violations of such terms shall be deemed a violation of this Code punishable as herein provided. In addition, the Board may upon notice and hearing revoke the permit for violation of the terms of the permit.
Whenever an application for a special use permit has been denied by the Board, no reapplication for the same special use on the same property or any portion thereof shall be filed or considered by the Board until six months shall have elapsed from the date of the official denial of the first application.