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Title:
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Amendment of Municipal Code Section 17-13-0905-C to further regulate special uses within planned manufacturing districts
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Topic:
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MUNICIPAL CODE AMENDMENTS - Title 17 - Chicago Zoning Ordinance - Ch. 13 Review & Approval Procedures
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Zoning
City Council 4/22/2020
ORDINANCE
SECTION 1. Section 17-13-905 ofthe Municipal Code ofthe City of Chicago is hereby amended by deleting the language struck-through and inserting the language underscored, as follows:
17-13-0905 Approval Criteria.
17-13-0905-A General Criteria. Except as otherwise expressly provided in this Zoning Ordinance, no special use application may be approved unless the Zoning Board of Appeals finds that the proposed use in its proposed location meets all ofthe following criteria:
complies with all applicable standards of this Zoning Ordinance;
is in the interest ofthe public convenience and will not have a significant adverse impact on the general welfare of the neighborhood or community;
is compatible with the character ofthe surrounding area in terms of site planning and building scale and project design;
is compatible with the character of the surrounding area in terms of operating characteristics, such as hours of operation, outdoor lighting, noise, and traffic generation; and
is designed to promote pedestrian safety and comfort.
(Omitted text is unaffected by the Ordinance)
17-13-0905-C Special Uses in PMDs.
(A) No special use application within a planned manufacturing district tor any industrial use which requires an air pollution control permit pursuant to Chapter 11-4 of this Code may he approved unless the 7oning Roarri of Appeals finrls that the special use criteria of this Section has been satisfied Refore a public hearing is held hy the 7oning Board of Appeals, as provided for in Section 17-13-0904 to consider a special use within a planned manufacturing district for any industrial use which requires an air pollution control permit, the following requirements must he met-
1 The 7nning Board of Appeals shall forward all completed special uses applications within a planned manufacturing district for any industrial use which requires an air pollution control permit to (a) the Chairman ofthe Committee on Fnvironmental Protection and Fnergy; and (h) Alderman of the Ward in which such special use is proposed to he located, along with a request for a letter of support, non-nhjection, or ohjection, as well as any information the 7nning Board of Appeals has complied in regard to either the criteria under this Section or the general approval criteria under Section 17-13-0905-A The 7nning Board of Appeals may not take any action on a special use application within a planned manufacturing district for any industrial use which requires an air pollution control permit until 60 days after giving the notices required under this Section
2 Refore a public hearing is held hy the 7oning Rnard of Appeals, as provided for in Section 17-13-0904, to consider a special use application within a planned manufacturing districtfor any
industrial use which requires an air pollution control permit, the applicant must hold at least one community meeting in the Ward in which such special use is proposed to be located for the purpose of explaining the proposal and soliciting comments on it. The applicant shall cause such community meetings to he aired via the use of or transmission by the Internet, or shall post a recording of such community meetings on the Internet within a reasonable time following the applicahle community meeting Such community meeting must be held no later than 30 days prior to the date of the anticipated special use hearing before the Zoning Board of Appeals; notice for such community meeting must he issued, pursuant to this Section, no later than two weeks prior to such community meeting The applicant must notify the Chairman ofthe Zoning Board of Appeals, the Chairman ofthe Committee on Environmental Protection and Energy, and the Alderman ofthe Ward in which such special use is proposed to he located in writing of the time, place and purpose ofthe community meeting The applicant must publish notice ofthe community meeting in a newspaper of general circulation within the ward and the applicant must send written notice hy USPS first class mail to the property owner ofthe subject property and to all property owners within 1,000 feet ofthe property lines ofthe suhject property Such applicant shall furnish a complete list ofthe names and last known addresses ofthe persons provided with such written notice as well as a written affidavit certifying compliance with such written notice to the Chairman ofthe 7oning Rnard of Appeals on or before the public hearing is held hy the Zoning Board of Appeals, in a form prescribed hy the Commissioner ofthe Department of Planning and Development
3 The Chairman ofthe Committee on Environmental Protection and Energy shall convene a suhject matter hearing on the environmental impacts of any proposed special use within in a planned manufacturing district tor any industrial use which requires an air pollution control permit within 40 days following receiving notice pursuant to Section 17-13-0905-C(A)(1). The applicant for such special use permit shall testify at the Committee hearing to provide information necessary to demonstrate the applicant's effort to not burden the surrounding community, including any net-7ero sustainahility efforts to reduce or contain any potential pollution The Chairman of the Committee on Environmental Protection and Fnergy shall submit the record of any suhject matter hearing held under this Section to the 7oning Board of Appeals
(B)_ln acting on any special use application within a planned manufacturing district, the Zoning Board of Appeals must apply the General (approval) Criteria of Sec. 17-13-0905 and make specific findings on the probable effects ofthe proposed use on:
existing manufacturing activities, including the potential for land use conflicts and nuisance complaints; and
efforts to market other property within the planned manufacturing district for industrial use^and.|109|the quality of air and water in the surrounding community and any other deleterious
environmental impacts
(Omitted text unaffected by the Ordinance)
SECTION 2. This ordinance shall take effect upon its passage and publication.
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GEORGE A. CARDENAS
Alderman, 12th Ward