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

Home Browse Search

allowing the property owner to operate automotive salvage operations, so long as the property owner maintains a site break fence of a certain height. The City of Decatur Zoning Ordinance provides the City Council may by ordinance grant a conditional use permit only for the uses prescribed in the "Conditional Use" subsections of Sections V through XIV of the Zoning Ordinance. Zoning Ordinance Sec.XXIII CONDITIONAL USE REGULATIONS.The Council may impose appropriate conditions and safeguards,including a specified time period for the permit, to conform to the comprehensive plan, and to conserve and protect property values in the neighborhood. For example, a property zoned M-2 Heavy Industrial District can be used for any of the permitted uses provided in the Zoning Ordinance under Sec. XVII M-2 Heavy Industrial District Permitted Uses. Sec. XVII also provides a list of permitted conditional uses.The City Council may by ordinance grant a conditional use permit allowing the property owner to use the property for only those conditional uses(e.g., automotive salvage operations). When voting on such ordinance, the Council may consider only the above-described LaSalle factors in deciding whether the following standards, as provided in the Zoning Ordinance, have been met: 1. Whether the conditional use is necessary for the public convenience at that location; 2. Whether the conditional use is so designed, located, and proposed to be operated that the public health, safety and welfare will be protected; and 3. Whether the conditional use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located. Zoning Ordinance Sec. XXIII CONDITIONAL USE REGULATIONS The Illinois Supreme Court has stated that because conditional uses are considered compatible with other uses in the zoning district in which they are included, an application for a conditional or special use permit may not be denied on the ground that the use is not in harmony with the surrounding neighborhood. City of Chicago Heights, 196 I11.2d at 21. Instead, a conditional use permit may only be denied when it is determined that the evidence presented does not meet the standards expressed in the zoning ordinance and would have adverse effects above and beyond those inherently associated with such conditional use irrespective of its location within the zoning district. Id. at 21-22. Notice Requirements A legislative body, such as the City Council, is not required to strictly conform to its own standards in enacting a zoning ordinance as long as the resulting ordinance represents a rational means to accomplish an otherwise legitimate legislative purpose. Further, the principals of substantive and procedural due process apply at all stages of the decision-making process. A sign was posted on this property by City staff and affidavits submitted state that the sign was posted for the length of time the zoning ordinance requires. The matter was heard at Plan Commission and at -3-