Appeal from the Superior Court of Cook County; the Hon. D.S.
McKINLAY, Judge, presiding. Reversed.
MR. JUSTICE DEMPSEY DELIVERED THE OPINION OF THE COURT.
One of the defendants, the Kedzie Iron & Metal Company, Inc., filed an application for a special use permit with the Zoning Board of Appeals of the City of Chicago. Its application was approved. Three objectors (the plaintiffs-appellants) brought an administrative review action seeking to reverse the decision of the zoning board. The Superior Court affirmed the decision and the objectors have appealed.
The property in question has been used as a coalyard since 1927. It is located on the west side of the street at 4844-56 South Kedzie Avenue, Chicago, in the midst of a district zoned for general manufacturing. It is irregular in shape and is bounded by Kedzie Avenue on the east, by a bank of elevated railroad tracks on the south, by a spur railroad track on the west and by a building, in which food is processed, on the north. There is a brick fence on the Kedzie Avenue side which prevents a person on the sidewalk from seeing in. The testimony was that the applicant intended to build fences at least 8 feet high on the other sides and would remove from the premises six coal silos, each 55 feet high and 20 feet in diameter.
The application stated that the property was to be used,
". . . for the purposes of buying, selling at retail or wholesale and trading in, bartering, and exchanging new and used metals, scrap iron, scrap metals, wrecking and demolishing personal property for the purposes of salvaging all iron, metals and kindred articles therein contained, and to do any and all acts necessary and proper appertaining to the conduct of a metal salvage and material yard."
A special use of the type requested is permissible in a general manufacturing district (M2-3) if the Zoning Board of Appeals decides that the application meets the standards prescribed by the City's ordinance. Municipal Code of Chicago, c 194A, §§ 11.10-2, 11.10-4, 10.4, 10.4-2.
The pertinent portions of the zoning ordinance and the required standards are these:
"Sec 11.10-1 Purpose. The development and execution of a comprehensive zoning ordinance is based upon the division of the City into districts within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are variations in the nature of special uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts, without consideration in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such variations in the nature of special uses fall into two categories:
"(1) Uses either municipally operated, or operated by publicly regulated utilities or uses traditionally affected with a public interest; and
"(2) Uses entirely private in character but of such an unusual nature that their operations may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
"Sec 11.10-2 Authorization. Variations in the nature of special uses may be authorized by the Zoning Board of Appeals. . . ."
"Sec 11.10-4 Standards. No special use shall be granted by the Zoning Board of Appeals unless the special use:
"(1) a. Is necessary for the public convenience at that location;
b. Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; and
"(2) Will not cause substantial injury to the value of other property in the neighborhood in ...