(a) The decision of the Zoning Board of Appeals to approve or deny a special use application for an adult use must be based solely on the approval criteria set forth in this section, and all such considerations must be applied consistently with the applicant's constitutional rights, as contained in the First, Fifth and Fourteenth Amendments of the United States Constitution, and Sections 2 and 4 of Article I of the Illinois Constitution. The Zoning Board of Appeals must approve any such application unless substantial evidence is presented that demonstrates that the application fails to meet at least one of the criteria set forth in Sec. 17-13-0905-D1.
(b) For purposes of this section, the phrase “substantial evidence'‘ means more than a de minimis quantum of evidence. If substantial evidence is adduced, this section may not be construed to impose a burden of proof on any party objecting to an application other than proof by a preponderance of the evidence.
3. Time-Frame for Decision-Making. If the Zoning Board of Appeals does not render a final decision on a special use application for an adult use within 120 days after the application is filed, the application will be considered to be approved, provided that this limitation does not apply during any period of time during which consideration of the application has been delayed at the request of the applicant.
17-13-0905-E Business live/work units. No special use application for a business live/work unit may be approved unless the Zoning Board of Appeals finds that the special use meets the general criteria of Section 17-13-0905 and all of the following specific criteria:
1. The floor plan for the business live/work unit provides a functional and open area for a bona fide commercial use.
2. The business live/work unit is easily identified as a business and conveniently accessible by clients, employees and other business visitors.
3. The establishment of the business live/work unit will not impair the retention or creation of commercial uses in the surrounding neighborhood.
4. Each business live/work unit has been designed to ensure that the residential space meets basic habitability requirements in compliance with Section 14B-4-419 of the Municipal Code and any other applicable codes, ordinances, laws, rules, and regulations.
5. The residents of the business live/work unit will not be subject to unreasonable noise, odors, vibration or other potentially harmful environmental conditions.
17-13-0905-F Reserved.17-13-0905-G Community Meeting. Before a public hearing is held by the Zoning Board of Appeals, as provided for in Section 17-13-0904, to consider a special use application for a cannabis business establishment , the applicant must hold at least one community meeting in the ward in which the cannabis business establishment is proposed to be located for the purpose of explaining the proposal and soliciting comments on it. Such community meeting must be held no later than two weeks prior to the date of the anticipated special use hearing before the Zoning Board of Appeals; notice for such community meeting must be issued, pursuant to this Section, no later than two weeks prior to such community meeting. The applicant must notify the Chairman of the Zoning Board of Appeals and the Alderman of the ward in which the cannabis business establishment is proposed to be located in writing of the time, place and purpose of the community meeting. The applicant must publish notice of the community meeting in a newspaper of general circulation within the ward and the applicant must send written notice by USPS first class mail to the property owner of the subject property and to all property owners within 250 feet of the property lines of the subject property. Such applicant shall furnish a complete list of the names and last known addresses of the persons provided with such written notice as well as a written affidavit certifying compliance with such written notice to the Chairman of the Zoning Board of Appeals on or before the public hearing is held by the Zoning Board of Appeals, in a form prescribed by the Commissioner of the Department of Planning and Development. No special use application for a cannabis business establishment may be approved unless the Zoning Board of Appeals finds that the special use criteria of this Section has been satisfied.
17-13-0906 Conditions of Approval. When the anticipated impacts of a special use are determined to have the potential for adverse impacts on surrounding property, the special use must be denied or conditions must be placed on the approval to ensure that any adverse impacts will be mitigated. The Zoning Administrator may recommend and the Zoning Board of Appeals may impose such conditions upon the site planning, design, location and operation of a special use .
17-13-0907 Action by Zoning Board of Appeals. The Zoning Board of Appeals is the final decision- making body on special use applications. A concurring vote of 3 members of the Zoning Board of Appeals is necessary to approve a special use application.
17-13-0908 Inaction by Zoning Board of Appeals. If the Zoning Board of Appeals does not render a final decision on a special use application for an adult use , firearms dealer , or religious assembly use within 120 days after a complete application is filed, the application will be considered approved, provided that this limitation does not apply to periods of time during which consideration of the application has been delayed at the request or cause of the applicant.
17-13-0909 Lapse of Approval; Discontinuance.17-13-0909-A An order of the Zoning Board of Appeals granting approval of a special use application is valid for 12 months from the date of such order unless a complete application for a building permit is submitted and diligently pursued or the use is commenced. If a complete building permit application is not submitted or the use is not commenced within such time, the approval will lapse and become null and void.
17-13-0909-B The Zoning Board of Appeals may, at its discretion and upon adequate showing of good cause, extend the period of validity of special use approval for a period not to exceed 12 months. To grant such extension the Zoning Board of Appeals must receive a written request from the applicant stating the reasons for the proposed extension. Such extension request must be made before expiration of the special use approval.
17-13-0909-C If a special use is discontinued for a period of 6 months or longer, such special use will be considered abandoned and become null and void. Any subsequent reinstatement of the special use will require special use approval pursuant to the procedures of this section.
17-13-0910 Amendments to Special Uses. A change or increase in the area, bulk or function of any existing special use , or from those conditions specified by the Zoning Board of Appeals at the time of approval, will constitute and be deemed the same as a new special use and will require special use approval pursuant to all procedures of this section.
(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 3-9-05, p. 44391; Amend Coun. J. 11-19-08, p. 47220, Art. VII, § 1; Amend Coun. J. 6-27-12, p. 30744, §§ 5, 6; Amend Coun. J. 6-25-14, p. 83727, § 15; Amend Coun. J. 9-24-15, p. 7499, § 9; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 113; Amend Coun. J. 10-16-19, p. 7854, § 8; Amend Coun. J. 10-7-20, p. 21791, Art. VII, § 29; Amend Coun. J. 7-20-22, p. 50878, § 7)
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