| Special Use Review Process |
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What is a Special Use?
A special use is the use of land, buildings, or structures
which, because of its unique characteristics cannot ordinarily
be classified in any particular zoning district. In each case,
careful consideration of the impact of the special use on
neighboring land must be given, and the appropriateness of the
special use location must be determined.
Who Authorizes a Special Use?
Special Uses are authorized by passage of an ordinance by
the Corporate Authorities. However, no authorization shall be
given until after a public hearing is held by the Plan
Commission whose findings and recommendations to the special use
request are prepared and transmitted to the Corporate
Authorities. (Click here to read
more about the Public Hearing Process.)
What Particular Uses are Considered Special Uses?
Each zoning district lists those uses which are allowed as
special uses provided that the required public hearing is held
by the Plan Commission and approval is granted by the Corporate
Authorities. Depending on the zoning district, uses which
require a special use include, but are not limited to, health
clubs, theaters, pet shops, veterinarians, package liquor
stores, restaurants and taverns, car washes, mini marts,
equipment and car rental, kennels, messenger services, hotels,
and public and semi-public facilities. (Check with Chapter
19.10.030 and Appendix A (Use Table) of the Wheeling Municipal Code and the particular zoning
district for special uses which may be allowed.)
Are There Any Standards Which Must Be Met Before the
Special Use is Approved?
Yes. The Corporate Authorities shall pass an ordinance
allowing the establishment of a special use whenever it shall
find that:
- The special use is necessary for the public convenience at
that location;
- The special use will not alter the essential character of
the locality in which it is to be located;
- The location and size of the special use, the nature and
intensity of the operation involved in or conducted in
connection with it, the size of the site in relation to it,
and the location of the site with respect to streets giving
access to it, shall be such that it will be in harmony with
the appropriate and orderly development of the district in
which it is to be located;
- The location, nature and height of buildings, walls and
fences, and the nature and extent of the landscaping on the
site shall be such that the use will not hinder or
discourage the appropriate development and use of adjacent
land and buildings, or will not impair the value thereof;
- Parking areas shall be of adequate size and for the
particular use, properly located, and suitably screened from
adjoining residential uses, and the entrance and exit drives
shall be laid out so as to prevent traffic hazards and
nuisances;
- The property in question cannot yield a reasonable return
if permitted to be used only under the conditions allowed by
the regulation in that zone.
How Does One Apply for a Special Use?
When the Director of Community Development determines that a
proposed use requires special use authorization, a meeting is
scheduled for review of the use with the petitioner. A Special
Use Petition Form Packet must be completed, and a $360 filing fee,
payable to the Village of Wheeling, must be submitted to cover
public hearing costs. A site plan must be submitted with the
special use application before a public hearing is scheduled. (Click
here to read more about the Site Plan Review Process.)
Petitioner must provide Written Notice as required under
Sections 19.13.050. An Affidavit
of Compliance certifying this requirement has been fulfilled
must be in the docket file prior to the hearing.
Can Conditions be Imposed on the Special Use being
Requested?
Yes. The Plan Commission may recommend and the Corporate
Authorities may impose such conditions or restrictions upon the
construction, location and operation of a special use, including
but not limited to hours of operation, screening, and
landscaping, as shall be deemed necessary to secure the general objectives of
the zoning code and to protect the value of property in the
neighborhood. Conditions will be made part of the authorizing
ordinance and must be maintained to continue operation of the
particular use.
When Will the Special Use Expire?
Unless otherwise specified in the authorizing ordinance, special use ordinance shall expire if the special use
ceases to operate for six continuous months.
For further information, contact the Community Development
Department at (847) 459-2620.
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The Village of Wheeling,
Illinois
255 West Dundee Road
Wheeling, IL 60090
(847) 459-2600
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