10-11-1: SPECIAL USE EXCEPTIONS, REQUIREMENTS AND PROCEDURE:

   (A)   The special exceptions listed in the following table, and their accessory buildings and uses may be permitted by the Planning Commission and Corporate Authorities in the districts indicated therein, in accordance with the procedure set forth in this section and the requirements listed herein.

   (B)   Upon receipt of an application for a permit for a special use exception by the Code Enforcement Officer, it shall be referred to the Planning Commission for investigation as to the manner in which the proposed location and character of the special use exception will affect the applicable Comprehensive Land Use Plan and how the standards herein adopted are applied. The Planning Commission shall report the results of its study to the Corporate Authorities within sixty (60) days following receipt of the application. If no such report has been filed as aforesaid within this time period, the Corporate Authorities are permitted to proceed to process the application.

      A fee of thirty five dollars ($35.00) shall be paid to the City Clerk at the time the application is filed, and an additional fee of fifteen dollars ($15.00) shall be paid to the Clerk prior to the time publication of "Notice of Public Hearing" is ordered by the Corporate Authorities. All fees received hereunder by the Clerk shall be paid over to the City to the credit of the General Fund.

      Within sixty (60) days of the receipt of an application for a permit for a special use exception, or upon receipt of the report of the Planning Commission, the Corporate Authorities shall cause a public hearing to be held before the Planning Commission in relation thereto after fifteen (15) days' notice thereof has been given in a newspaper of general circulation within the City.

      The hearing shall be held at a regular meeting of the Planning Commission and the notice thereof shall contain the particular location for which the special use exception is requested as well as a brief statement of what the proposed special use consists.

      Within ten (10) days following the hearing, the Planning Commission shall file a report of the hearing and its recommendations relative to the application with the Corporate Authorities.

SPECIAL USE EXCEPTIONS AND REQUIREMENTS

	District(s) In Which Use May Be Permitted	Requirement Designation
Airport, heliport	A-1, S-3	b6, g, h2, j1, k1, l2, n2, i2, p, r1, s, t, u2, v, w
Artificial lakes of 1 or more acres	All districts	i1, j2, p, r1, u1, w
Billboards	A-1, B-3, I-1, I-2	p
Crematory or cemetery	A-1, all R districts, I-1	b11, c2, p, q, r1, v, w
Fire station	All R districts, B-1, B-2, B-3	b4, c11, r1, s, t, v
Greenhouse, commercial	A-1, R-1, I-1	b4, c6, f2, h1, k7, m4, n1, r1, v, w
Hospital or sanatorium	A-1, all R districts	b7, c6, g, h5, j1, k9, l2, m5, n1, p, s, t, v
Industrial Park I-1, I-2	I-1, I-2	a1, b10, c7, d3, g, h3, j2, k10, l2, m6, n2, o, p, q, r1, s, t, v, w
Kindergarten or day nursery	A-1, all R districts	b3, c8, f3, h1, i3, j1, k12, r1, v
Library	All R districts, B-2	b6, c6, k29, l2, m1, r1, v
Other public buildings, City Hall, courthouse	B-2	b6, c6, h1, k30, m1, r1, s, t
Outdoor commercial recreational enterprise	A-1, B-3, I-1, S-1	c4, d1, g, h1, i1, j3, k14, l2, n1, p, r2, s, t, v, w
Outdoor theater	A-1, B-3, I-1	c6, i6, k11, p, r1, s, t, v, w
Power transmission line	All districts	p
Practice golf-driving range	A-1, I-1, S-1	c6, i7, j3, k16, l2, r1, v
Private recreational development	A-1, all R districts, S-1, S-2, B-3	c4, g, h1, j3, k2, l2, r1, v, w
Produce or stockyard terminal, wholesale	A-1, B-3, I-1, I-2	b10, c7, d3, e, h1, i8, j1, k11, l4, m3, n2, p, r1, s, t, v, w
Public or commercial sewage or garbage disposal plant	I-1, I-2, S-1	b11, c11, e, k19, r1, u1, v, w
Public or employee off- street parking areas	All districts	b2, p, r1, s, t, v, x, y
Public park or public recreation facilities	All districts	c4, g, h1, j2, k21, l2, t, v, w
Public utility substation or exchange including telephone exchange	All districts	c1, g, j4, k18, r1, v
Radio or television tower	A-1, I-1, I-2, S-1	k19, p, r1, v
Railroad right-of-way and uses essential to railroad operations	All districts	h1, k20, r1, v
Riding stable	A-1, R-1, I-1, I-2	b5, c10, h1, j1, k21, m1, r1, v, w
Service station	A-1, B-3, I-1	a1, b4, e, r2, s, t
Shopping center	B-3	a2, b7, g, j1, k23, i3, m3, n1, o, p, s, t, u1, v
Storage and distribution facilities, inflammable liquids and gases, chemicals and liquid fertilizers	A-1, B-3, I-1, I-2	a1, b6, e, r1, s, t
Trailer (mobile home) park or court	A-1, B-3	p, u3
Truck freight terminal	B-3, I-1, I-2	c1, e, j1, k25, l4, n2, p, r1, s, t, v, w

 

   NOTE: Use of # symbol in the following indicates that the requirements of the district apply to the district where located.

a.	Classification of use permitted:
	1.	Light Industrial.
	2.	Local Business.
b.	Minimum lot area:
	1.	#.
	2.	1,500 square feet.
	3.	110 square feet per child.
	4.	25,000 square feet.
	5.	20,000 square feet plus 5,000 square feet per horse over 4 horses.
	6.	1 acre.
	7.	5 acres.
	8.	5 acres including 2,500 square feet per mobile home stand.
	9.	6 acres.
	10.	20 acres.
	11.	40 acres.
	12.	80 acres.
	13.	320 acres.
	14.	2 times requirement for single-family dwelling.
	15.	2 acres.
c.	Minimum yards (feet):

 

	Front	Side (Each)	Rear
1.	#	#	#
2.	#	50	50
3.	#	10	30
4.	#	40	40
5.	#	-	-
6.	100	40	40
7.	100	Abutting Residential =	75
		Abutting Other Use =	35
8.	#	20	#
9.	150	150	150
10.	100	100	100
11.	300	300	300

d.	Building setback from center line of interior road:
	1.	40 feet.
	2.	50 feet.
	3.	85 feet.
e.	Use permitted not closer than 300 feet to a residential use.
f.	Minimum gross floor area of principal building (square feet):
	1.	#.
	2.	Over 1,000.
	3.	Determined by number of children to be accommodated.
	4.	400.
	5.	2 times single-family dwelling.
	6.	672.
g.	Plan of landscape development to be submitted with application.
h.	Maximum height of structure (feet):
	1.	#.
	2.	As required by appropriate State or Federal agency.
	3.	Same as Light Industrial.
	4.	45.
	5.	70.
	6.	25.
i.	Fence:
	1.	6-foot wire mesh where accessible to the public.
	2.	6-foot wire mesh when located at ground level.
	3.	4-foot wire mesh around play area.
	4.	Solid wall or solid painted fence 8 feet high.
	5.	4-foot wire mesh abutting residential use.
	6.	Painted board fence 8 feet high.
	7.	Adequate to protect abutting use.
	8.	6-foot wire mesh.
	9.	6-foot solid painted for refuse dump.
	10.	6-foot wire mesh abutting residential use.
j.	Screen planting where abutting residential use (tight screen, effective at all times):
	1.	6-foot height by 6-foot width.
	2.	25 feet abutting residential district or use.
	3.	8-foot height by 6-foot width.
	4.	Adequate to screen power substation from street view.
	5.	7-foot high along streets for refuse dump.
k.	Parking spaces:
	1.	1 per 2 employees plus 1 per 4 seats in waiting room.
	2.	1 per 2 customers or members.
	3.	1 per 2 employees plus 3 per doctor.
	4.	1 per 3 employees plus 1 per 6 students.
	5.	30.
	6.	1 per 3 employees per shift.
	7.	1 per 3 employees plus 1 per 125 square feet of sales area.
	8.	1 additional.
	9.	1 per 4 beds plus 1 per doctor plus 1 per 3 employees plus 1 per hospital vehicle.
	10.	1 per 2 employees on largest shift.
	11.	1 per 2 employees.
	12.	1 per 2 employees plus 1 per 5 children to be accommodated.
	13.	1 per 2 employees plus 1 per mobile home stand.
	14.	1 per 3 employees plus 1 per 500 square feet of use area.
	15.	1 per 3 employees plus 1 per 10 inmates at estimated capacity.
	16.	1 per 3 employees plus 1 per driving tee.
	17.	1 per camp site and 1 per cabin.
	18.	Telephone exchange, 1 per employee.
	19.	1 per employee per shift.
	20.	1 per 2 employees where headquartered.
	21.	1 per 5,000 square feet.
	22.	1.
	23.	1 per 60 square feet of sales area.
	24.	3 per 4 employees plus 1 per 4 seats.
	25.	1 per 2 employees plus 4 for customers.
	26.	1 per employee plus 1 per sleeping accommodation.
	27.	2.
	28.	1 per employee plus 1 for each 6 seats in main auditorium.
	29.	1 per 30 square feet of use area.
	30.	1 per 3 employees plus 1 per 150 square feet.
l.	Distance of parking area from residential use (feet):
	1.	10.
	2.	25.
	3.	50.
	4.	100.
	5.	300.
m.	Number of loading and unloading berths (should not face on bordering highway):
	1.	1.
	2.	2.
	3.	Per development plan.
	4.	15,000 square feet - 1; over 15,000 square feet - 2.
	5.	Up to 200 beds - 1; 200 to 500 beds - 2; over 500 beds - 3.
	6.	15,000 square feet or less - 1; 15,001 to 40,000 square feet - 2; 40,001 to 100,000 square feet - 3; each additional 40,000 square feet - 1 additional.
n.	Distance of loading and unloading berth from residential use (feet):
	1.	50.
	2.	100.
	3.	300.
o.	Plat approved by the commission to be submitted with application.
p.	Development plan to be submitted with application.
q.	Covenant by owners to perpetuate maintenance and approve future improvements.
r.	Maximum number of principal entrances from major thoroughfare:
	1.	1.
	2.	2.
s.	Acceptable relationship to major thoroughfare.
t.	Thoroughfares must be adequate to carry additional traffic engendered by use.
u.	Other authority approval required:
	1.	State Board of Health.
	2.	Aeronautics Commission.
	3.	Special ordinance of Governing Body.
v.	Outdoor artificial lighting should be approved by the commission.
w.	Disposal of liquid and other wastes should meet the approval of the pertinent health authorities.
x.	No sales, dead storage, repair work or dismantling on the lot.
y.	Except for approved exits and entrances, a masonry wall 4-feet in height and 6-inches thick erected at required front line of building and may be required along boundaries of parking area as determined by the commission for the protection of residentially zoned or used property.

 

On receipt of the Planning Commission's report and recommendations or after the lapse of sixty (60) days from the date of application, the Corporate Authorities shall conduct a hearing at their next regular meeting, and upon an affirmative finding of the Planning Commission's recommendations and that:

      1.   The proposed special use exception is to be located in a district wherein such use may be permitted, and

      2.   The requirements set forth in subsection (A) of this section for such special use exception will be met, and

      3.   The special use exception is consistent with the spirit, purpose and intent of the applicable land use plan, will not substantially and permanently injure the appropriate use of neighboring property and will serve the public convenience and welfare,

the City may order the Code Enforcement Officer to issue a zoning certificate for the special use exception.

   (C)   An existing lawful use which is listed herein as a special use exception, and which is located in a district in which such special use exception may be permitted, shall be considered a conforming use, and shall not be required to apply for a permit as a special use exception.

   (D)   Any expansion of such special use exception involving the enlargement of the buildings, structures and land area devoted to such use shall be subject to the procedure described in this section.

   (E)   If the nature of the special use exception involves more than one of those listed in subsection (A) of this section, the applicant may apply for a permit for the special use exception which is most closely related to the primary use; provided that the requirements of all related uses are met. (Ord. 69-23, 4-6-1970)