A. General Standards:
1. All special uses are subject to the general standards for height, setback, signs, parking and other matters, as applicable to the district in which the use is located.
2. Approval of special uses may be subject to reasonable conditions imposed through the approval process to ensure compatibility between the proposed use and the permitted uses in the district.
B. Special Performance And Design Standards:
1. Certain special uses are subject to additional standards in some or all districts.
2. Those standards are set forth in this section and are in addition to the general district standards and any conditions that may be imposed through the special use review process.
C. All-Terrain Vehicle And Motorcycle Sales (In BPR District): Motorcycle and all-terrain vehicle (ATV) sales shall:
1. Provide off street loading in accordance with section 15.4.8 of this title.
2. Be limited to indoor sales and storage of merchandise only and shall not include repair or maintenance services.
3. Test driving of merchandise shall be limited to those vehicles which can be legally operated on public streets in accordance with title 18 of this code and the current Illinois vehicle code.
D. Automobile Parking, Public And Commercial (R-3 District): Automobile parking, public and commercial is allowed as a special use in an R-3 district, subject to the following standards. Such parking facility shall:
1. Provide adequate screening and/or fencing.
2. Be provided with lighting situated in such manner as to protect all adjoining property from unreasonable interference.
3. Be surfaced to meet the paving standards required in the zoning district in which the principal use is located.
E. Automobile Repair Establishments (NB District): Automobile repair establishments are allowed as a special use in an NB district, subject to the following standards. Such repair facility shall:
1. An automobile repair business shall only repair automobiles and pickup trucks. No motorcycles or large trucks shall be repaired.
2. All vehicle repairs shall be done within the enclosed building.
3. At the time the special use is granted, the city council shall determine the maximum number of service bays permitted for the establishment.
4. No vehicles being repaired shall be stored or parked outside the building.
5. No vehicles shall be offered for sale at the automobile repair business.
6. An automobile repair establishment shall meet all requirements in this code and state of Illinois laws and regulations pertaining to air, water and noise pollution and proper disposal of fluids and wastes.
F. Bed And Breakfast Establishments (In AG, RR, R-1, R-1-D, R-2, R-3, PUD, NB, PAR, Or PA District): Bed and breakfast establishments in any AG, RR, R-1, R-1-D, R-2, R-3, PUD, NB, PAR, or PA district shall meet the following requirements:
1. A residential appearance of the premises shall be maintained when a bed and breakfast is built new, renovated from an existing residential structure, or located in a residential appearing structure.
2. The operator shall reside in the bed and breakfast establishment or on contiguous property.
3. The city council shall determine the maximum number of guestrooms at the time the special use is granted.
5. The facility shall be licensed as a bed and breakfast establishment by the appropriate jurisdiction. If located in a jurisdiction with no licensing procedure for bed and breakfast establishments, the facility shall meet all applicable requirements of sections 5-4-1 through 5-4-12 of this code prior to issuance of a zoning certificate.
G. Cabins, Lodges, Etc. (AG And RR Districts): Cabins in the AG or RR district shall meet the following requirements:
1. A residential appearance of the premises shall be maintained when a cabin or lodge is built new, renovated from an existing residential structure, or located in a residential appearing structure.
2. The operator shall reside on the property or on contiguous property.
3. The city council shall determine the maximum number of cabins and/or guestrooms at the time the special use is granted. The density shall be no greater than one cabin per the minimum lot size for the district in which it is located.
5. The facility shall meet all applicable city, township, county and/or state requirements including fire, revenue requirements and issuance of and shall submit evidence of compliance prior to the issuance of a zoning certificate.
H. Contract Construction Services (AG District): Contract construction services shall be allowed in the AG district subject to the site plan review process of section 15.6.10 of this title and subject to the following standards:
1. Outdoor storage areas shall not be placed in any required setback.
2. All outdoor storage areas used in conjunction with contract construction services shall be screened from view by a planting screen of at least six feet (6') in height.
3. "To screen" means densely planted vegetation that is site obscuring and that prevents direct illumination from passing through from one side to another.
4. All open storage areas shall be paved with a dust free surface. Access aisles, loading zones and parking areas shall be surfaced to meet the standards of subsection 15.4.8.5B2 of this title.
5. Any outdoor lighting at such facilities shall be shielded so as to not deflect onto adjacent properties.
I. Day Care Centers:
1. Day Care Centers In The AG, RR, R-3, BPR, BWA, BPL, NB, SB, PA, LI And GI Districts: Day care centers, child care centers, adult day care centers, day nurseries, nursery schools, kindergartens, playgroups, and centers or workshops for the mentally and physically handicapped located in any AG, RR, R-3, BPR, BWA, BPL, NB, SB, PA, LI, or GI district shall provide adequate screening and/or fencing and be designed to be compatible with permitted uses and be subject to all state licensing and fire regulations.
2. Adult Day Care Centers In The PUD, LI And GI Districts: Day care centers for adults including adult day care centers, and centers or workshops for mentally or physically handicapped adults shall be allowed in the PUD, LI, and GI districts as special uses, subject to requirements for adequate screening and/or fencing and be designed to be compatible with permitted uses and be subject to all state licensing and fire regulations.
3. Additional Day Care Centers In PUD District: Day care centers for children which were not approved as part of the development plan including child care centers, day nurseries, nursery schools, kindergartens, playgroups, and centers or workshops for mentally or physically handicapped children which shall provide adequate screening and/or fencing and be designed to be compatible with permitted uses and be subject to all state licensing and fire regulations. (PUD)
J. Day Care Homes:
1. Day Care Homes I, II, And III (AG, RR, R-1, R-1-D, R-2, R-3, PA, PAR And PUD Districts): Day care homes I, II, and III in any AG, RR, R-1, R-1-D, R-2, R-3, NB, PA, PAR, or PUD district shall:
a. Provide adequate screening and/or fencing.
b. Be designed to be compatible with permitted uses.
c. Be subject to all state licensing and fire regulations.
d. Permit outdoor play only between eight o'clock (8:00) A.M. and dusk.
e. Place no play equipment in front yard.
f. Shall comply with occupancy limits as defined in section 15.11.4 of this title.
K. Drive-In Or Drive-Through Facility (BPR District): A drive-in or drive-through facility in any BPR district shall provide an appropriate parking and vehicular circulation plan and if deemed necessary by the nature of the proposed use, as well as stacking space for vehicles as required by section 15.4.8.9 of this title.
L. Drive-In Theaters (AG District): Drive-in theaters in the AG district shall provide adequate screening to protect adjoining property from unreasonable interference.
M. Educational Facilities (NB District):
1. Driving schools in the NB district shall meet the following requirements:
a. Shall be limited to activities within completely enclosed buildings. This may include indoor simulators, indoor classrooms, and office use.
N. Dwelling Units In Certain Nonresidential Districts (NB, PA, PAR, And SB):
1. In the SB or PA district, dwelling units shall be permitted that are permitted in the R-3 district and subject to the same design standards and occupancy restrictions that apply in the R-3 district. The minimum setbacks for the development shall conform to the R-3 district but shall not be less than the district in which it is located.
2. In the PAR district, dwelling units are permitted as in the R-2 district and subject to the same occupancy restrictions. Such residential uses and structures shall be developed in accordance with the provisions of the R-2 district, the same as if they were located in such district.
3. In the NB district, dwelling units other than those permitted in the lowest density adjoining residential district, are allowed in nonresidential buildings constructed in residentially zoned areas, but for which conversion to a different use is proposed. Occupancy of each dwelling unit shall be subject to the same occupancy restrictions as in the lowest density adjoining residential district. Adjoining shall be interpreted to include across any street or alley.
O. Ecotourism Related Activities In The AG District: Certain uses are allowed as a special use in the AG district with the intent of accommodating the expansion of the ecotourism industry. When requesting a special use, the applicant shall clearly indicate how the proposed development supports the city's goal of promoting ecotourism.
P. Group Homes:
1. Except as otherwise provided in certain districts, where a group home I is allowed as a special use, it shall comply with the administrative occupancy permit requirements related to spacing and licensing in section 15.6.4 of this title.
2. Except as otherwise provided in certain districts, where a group home II is allowed as a special use, it shall comply with the administrative occupancy permit requirements related to spacing and licensing in section 15.6.4 of this title.
Q. Inns (AG, RR, R-1, R-1-D, R-2, R-3, PAR, Or PA District): Inns in any AG, RR, R-1, R-1-D, R-2, R-3, PAR, or PA district shall meet the following requirements:
1. A residential appearance of the premises shall be maintained when an inn is built new, renovated from an existing residential structure, or located in a residential appearing structure.
2. The operator shall reside in the inn or on contiguous property.
3. The city council shall determine the maximum number of guestrooms at the time the special use is granted.
4. At the time the special use is granted, the city council shall determine if a public eating facility is permitted and shall determine the maximum number of seats in the public eating facility.
6. The facility shall meet all applicable city, township, county and/or state requirements including fire, revenue requirements and issuance of and shall submit evidence of compliance prior to the issuance of a zoning certificate.
7. Alcoholic beverages may be sold if permitted by a valid local liquor license but shall be sold by the drink with meals. No package sales for consumption on or off the premises shall be permitted.
R. Junkyard, Auto Wrecking Yard, Or Storage (LI And GI Districts): Junkyards, automobile wrecking yards, or storage may be allowed as special uses in the LI and GI districts. These uses shall be permanently screened from view to a height of at least eight feet (8').
S. Miniwarehouses (R-3 And SB Districts): Miniwarehouses may be permitted as special uses in R-3, high density residential and SB, secondary business, subject to the following requirements in addition to any other requirements for miniwarehouses established by this title:
1. Storage shall be within completely enclosed building. Outside storage is prohibited.
2. Storage of explosives or radioactive materials is prohibited.
3. Maximum height of storage buildings shall be eighteen feet (18').
4. A decorative landscaped area not less than five feet (5') in width shall be provided continuously (except for authorized curb cuts) along all property boundaries that adjoin a public street. Grass, seed, or sod shall not constitute decorative landscaping. Said landscaped area shall be maintained in such a manner as not to impair vehicle visibility at corner intersections. No additional decorative landscaped areas for the project office, the manager's quarters (if provided), or the driveways shall be required.
T. Miniature Golf, Batting Cages, And Driving Ranges (NB District): Miniature golf, batting cages, and driving ranges in the NB district shall meet the following requirements:
1. Not to include driving ranges.
2. Hours of operation not to exceed nine o'clock (9:00) A.M. to nine o'clock (9:00) P.M.
U. Mobile Homes On Individual Lots (RR District): Mobile homes placed on lots as special uses in an RR district must meet all of the minimum setback and floor area requirements for the district in which they are located. Mobile homes placed as special uses shall meet the minimum floor area requirement as they are originally designed and manufactured to be assembled, without additions, except additions commonly referred to as "tip outs" which are specifically designed and manufactured to be assembled with the particular mobile home. For purposes of this section, floor area calculations shall be measured from the faces of exterior walls including "tip outs", if any, but excluding tongue and hitch. The tongue, hitch, and wheels must be removed; the mobile home must be mounted on a permanent foundation; the mobile home must be completely skirted and tied down in accordance with this code. The mobile homes must comply with all applicable energy efficiency codes.
V. Private Access Roads (All Districts Where Allowed): Private access roads or streets to or from a permitted use in an adjoining district shall:
1. Provide appropriate screening and/or fencing.
2. Be provided with lighting situated in such a manner as to protect all adjoining property from unreasonable interference.
3. Be surfaced to meet the paving standards required in the zoning district in which the principal use is located or the zoning district in which the access road is located, depending upon which district's standards are stricter, as provided in subsection 15.4.8.5B of this title.
4. Be limited to one-way traffic flow (entrance only or exit only) where feasible.
W. Restaurants (NB District): Restaurants in the NB district shall meet the following requirements:
1. The city council shall determine the maximum amount of patron seating allowed, at the time the special use is granted.
2. No drive-through or curb service shall be permitted.
3. Alcoholic beverages may be sold if permitted by a valid local liquor license but shall be sold only by the drink with meals. No package sales for consumption on or off the premises shall be permitted.
X. Senior Housing Conversion Development (R-1, R-2, And R-3 Districts): Senior citizen housing conversion developments in the R-1, R-2, and R-3 districts may be allowed as a special use. The special use shall be granted only to allow the conversion of existing nonresidential buildings to residential use by senior citizens. Special use shall be granted and developed on the basis of the plan and building facade design submitted with the special use application. The number of dwelling units in a senior citizen housing conversion development shall be set by the city council at the time the special use is approved. The following additional development standards apply to such a development when allowed in the R-1 district:
1. Minimum Floor Area: Three hundred (300) square feet of floor area within each dwelling unit. Garages and common areas shall not be counted toward the three hundred (300) square feet.
2. Maximum Occupancy: Occupancy of a senior citizen housing conversion unit shall be limited to one senior citizen and his or her spouse except that one additional person may occupy the dwelling unit while acting as a caregiver to the senior citizen and/or the spouse occupying the dwelling unit. In the case of unmarried or widowed senior citizens, maximum occupancy of the senior citizen housing conversion unit shall be limited to two (2) senior citizens except that one additional person may occupy the dwelling unit while acting as a caregiver to a senior citizen occupying the dwelling unit.
3. Minimum Parking Spaces: A minimum parking ratio of one space per senior citizen housing conversion unit shall be provided unless the city council determines at the time of special use approval that a higher minimum number is required. The determination shall be based on the nature of the proposed occupancy, e.g., size of units, number of occupants, number of on site service providers, likelihood of occupants to own cars, etc.
4. List Of Occupants: The owner of a senior citizen housing conversion development or senior citizen housing conversion unit shall maintain at all times a current list of all occupants of the development or unit. Said list shall contain the names, birth dates and relationship status of each occupant of each unit by unit number. Said list shall be made available to the city at the request of the city for purposes of determining compliance with the occupancy requirements of this section. To facilitate securing occupant's information, said owner shall require in all rental agreements or leases a condition requiring occupants to furnish all information required for said list. Any failure to secure, maintain or provide said list of occupants to the city shall constitute a violation of this section on the part of the owner.
Y. Township Governmental Services (AG District):
1. Upon special use approval for a township governmental service facility by the city council, development of the facility shall be subject to site plan requirements as outlined in section 15.6.10 of this title.
2. All outdoor storage areas used in conjunction with township governmental services shall be screened from view by an opaque fence or planting screen of at least six feet (6') in height. Such storage areas shall not be placed in any required setbacks.
3. Any outdoor lighting at such facilities shall be shielded so as to not deflect onto adjacent properties. (Ord. 2014-48)