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2022-22 Ordinance Granting a Conditional Use Permit in the M-2 Heavy Industrial District to allow for an Automotive Salvage Operations at 3696 Greenswitch Road
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2022-22 Ordinance Granting a Conditional Use Permit in the M-2 Heavy Industrial District to allow for an Automotive Salvage Operations at 3696 Greenswitch Road
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Last modified
5/9/2022 4:50:09 PM
Creation date
5/9/2022 4:50:04 PM
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Resolution/Ordinance
Res Ord Num
2022-22
Res Ord Title
2022-22
Department
Econ and Com Dev
Approved Date
5/2/2022
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3. The extent to which the proposed amendment promotes the health, safety, morals or general <br /> welfare of the public. <br /> 4. The relative gain to the public as compared to the hardship imposed upon the individual <br /> property owner. <br /> The third and fourth factors are typically considered together. The control or restriction of <br /> competition is not a proper or lawful zoning objective. Bossman v. Village of Riverton, 291 Ill. <br /> App. 3d 769, 777 (4th Dist. 1997) (emphasis added). Many zoning decisions have some indirect <br /> effect on competition,but it is improper to directly legislate economic protection for one business <br /> against the normal competitive factors basic to the economic system. Id. <br /> 5. The suitability of the subject property for the zoned purposes. <br /> The law does not require that the subject property be totally unsuitable for use as it is zoned in <br /> order for the zoning restriction to be invalid. If the property cannot be reasonably developed as <br /> zoned and if the zoning restriction is unrelated to the public welfare, the restriction is not <br /> constitutional. Amalgamated Trust & Savings Bank v. Cook County, 82 Ill. Ap. 3d 370 (1st Dist. <br /> 1980). <br /> 6. The length of time the property has been vacant as zoned. <br /> 7. The care with which a community has undertaken to plan its land-use development. <br /> Courts will look to whether there is a comprehensive zoning plan which reasonably regulates <br /> and restricts land uses for the health,safety,and welfare of the public in order to determine whether <br /> a zoning change is in harmony with the orderly use of the property. Forestview Homeowners <br /> Association, Inc. v. Cook County, 18 111. App. 3d 230 (2d Dist. 2000). The zoning of small areas <br /> that is incompatible with a zoning pattern that is compact and uniform is consistently invalidated <br /> (sometimes referred to as "spot zoning"). Bossman, 291 Ill. App. 3d 769. Spot zoning is a change <br /> in zoning applied only to a small area, which is out of harmony with comprehensive planning for <br /> the good of the community.Id. <br /> 8. Community need for the use proposed by the petitioner. <br /> Conditional/Special Uses <br /> A conditional use permit provides for infrequent uses that are beneficial but potentially <br /> inconsistent with normal uses.Pioneer Trust&Savings Bank v. McHenry County,41 I11.2d 77, 84 <br /> (1968).A"conditional"or"special use"is a type of property use that is expressly permitted within <br /> a zoning district by the zoning ordinance so long as the use meets certain criteria or conditions. <br /> City of Chicago Heights v. Living Word Outreach Full Gospel Church & Ministries, Inc., 196 <br /> I11.2d 1, 16 (2001). The conditional use permit may be issued under certain circumstances which <br /> allow the municipal body the opportunity to maintain a certain degree of control over the <br /> conditional use. Consumers Illinois Water Co. v. Will County, 220 Ill. App. 3d 93, 96 (1991). For <br /> example, pursuant to the zoning ordinance, the municipal body may grant a conditional use <br /> -2- <br />
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