(A) Authority. The City Council may authorize, by ordinance, the establishment of special uses as designated in each of the zoning districts. All of the other applicable provisions of this chapter, including the requirements and restrictions of the zoning district in which the proposed special use is to be located, shall be applicable to the establishment and maintenance of the special use, unless the ordinance authorizing the establishment of the particular special use expressly provides otherwise. Subject to the standards contained in division (E), Standards for special uses, the City Council shall have authority to permit special uses as designated in each of the zoning districts as land, structure, or both, provided it finds that the proposed special use will comply with those standards. Unless otherwise indicated or stated, a special use shall apply only to the current owner and does not run with the land.
(B) Purpose. This chapter provides for an orderly arrangement of compatible buildings and land uses, and for the proper location of all types of uses affording for the social and economic welfare of the city. To advance this objective, some uses require particular consideration as to their proper location in relation to adjacent properties, orientation on a subject property, and compatibility with established or intended uses, or to the planned development of the community. These are classified as special uses.
(C) Application procedure for a special uses.
(1) An application for a special use shall be filed with the Zoning Administrator. All submittals shall contain the information specified on the special use application form provided by the city or as deemed necessary by the Zoning Administrator.
(2) The completed application for special use shall be forwarded by the Zoning Administrator to the Plan and Zoning Commission (PZC) within 30 days. The Plan and Zoning Commission shall conduct a public hearing, and review and recommend to the City Council whether to approve or deny the special use application within 60 days.
(3) Following the hearing, the Plan and Zoning Commission shall transmit to the City Council a written report, giving its findings as to compliance of the proposed special use with the standards governing special uses, and giving its recommendations for action to be taken by the City Council.
(4) After receiving the recommendations and report of the Plan and Zoning Commission, the City Council may, within 30 days, review the recommendations and report. The City Council may accept the findings and recommendations of the Plan and Zoning Commission in whole or in part, it may reject them in whole or in part, or it may refer the matter back to the Plan and Zoning Commission for further consideration. However, the City Council must act within 270 days after receiving the Plan and Zoning Commission recommendation, unless otherwise agreed by applicant and the Zoning Administrator or the City Attorney.
(5) If a proposed special use application is rejected by the City Council, that application, or one substantially similar, may not be resubmitted within 12 months of the date of rejection by the City Council.
(6) Conditions. The Plan and Zoning Commission may recommend, and the City Council may impose such conditions or restrictions upon the location, construction, design and operation of a special use, as they shall respectively find necessary or appropriate to secure compliance with the standards set forth in division (E), Standards for special uses.
(D) Hearing and notice.
(1) The PZC shall hear the application for special use at a public hearing on an established meeting or other date it may set.
(2) Notification shall adhere to the published and written notice requirements as contained in § 156.120(E)(3), Notification requirements.
(3) The PZC may give any additional notice it deems appropriate to be provided, or has established through its established rules.
(4) Any party of interest may appear and be heard at the hearing in person, by an agent or by an attorney.
(E) Standards for special uses. A special use permit shall be granted only if evidence is presented to establish that:
(1) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility in the public interest, and will contribute to the general welfare of the neighborhood or community;
(2) The proposed building or use will not have a substantial adverse effect upon the adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare;
(3) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations;
(4) The other standards and criteria as are established by this chapter for particular special uses as set forth in district (G) below, and as applied to planned developments under §§ 156.140 et seq.
(F) Protest against a special use.
(1) A written protest regarding a proposed special use may be filed with the City Clerk, signed and acknowledged by property owners, individually or collectively, representing one or more of the following:
(a) Twenty percent of the block frontage on which a subject property is located;
(b) Twenty percent of the block frontage directly opposite a street from where the subject property is located; or
(c) Twenty percent of the block frontage directly opposite an alley from where the subject property is located.
(2) Where a protest against a proposed special use has been properly filed and found valid by the Zoning Administrator, the amendment shall not be passed except by the favorable vote of two-thirds of all members of the City Council.
(3) Protests by such property owners shall be deemed valid only if all of the following are found:
(a) The protest is made only after an authorized representative of the affected property owner(s) has considered the evidence in the case;
(b) The protest is made in writing and submitted to the City Clerk not earlier than the first day after the public hearing has concluded, and not later than six days following the public hearing, and provided that the written protest is circulated by first class mail by the protesting party to the applicant and their representative, if any, identified in the application for the proposed amendment and/or all other represented parties, if any;
(c) An authorized representative of the protesting property owner(s) shall be required, on request of any party in the case, including the city, to give oral testimony under oath to support the protest and/or submitting a letter by the property owner to outline the protest;
(d) The protest is directly related to the evidence presented during the public hearing and upon which the Plan and Zoning Commission may base their respective findings of fact.
(G) Additional standards and criteria. In addition to other standards as may be required by the city code, no special use permit shall be granted for the uses listed below, unless evidence is presented to establish the standards and criteria specified in this division.
(1) Airports and heliports.
(a) The area shall be sufficient and the site otherwise adequate to meet the standards of the Federal Aviation Agency and the Illinois Department of Aeronautics for the class of airport or heliport proposed, in accordance with their published rules and regulations.
(b) Any building, hangar or other structure shall be at least 100 feet from any street or boundary line.
(c) There shall be an adequate number of off-street parking spaces at least equal to the number of hangar spaces plus tie-down spaces, plus spaces for accessory uses as established in §§ 156.090 et seq.
(2) Mobile homes. Mobile homes and mobile home parks shall be designed, developed, operated and maintained in accordance with Chapter 154.
(3) Drive-up facilities.
(a) Drive-up facilities shall provide a minimum vehicle-queuing space equal to four cars for each drive-up window. The queuing space shall not interfere with access, internal circulation generally, or circulation to required off-street parking or loading spaces, or with traffic movement on adjacent public streets or alleys.
(b) Loudspeakers used in connection with drive-up facilities shall be directed and modulated so as not to interfere with the privacy, use or enjoyment of adjacent residential property.
(4) Riding stables. Open or enclosed corrals or riding arenas shall not be located nearer than 500 feet to any residential zoning district or an existing dwelling other than the dwelling on the subject property, but not less than 100 feet from any property line on the subject property. Manure shall be disposed off-site.
(5) Contractor’s yards.
(a) All outdoor storage of equipment, material and supplies shall be completely screened from view from adjacent residential districts or public streets with a combination of fence, wall and landscaping equal to the height of the objects stored out of doors.
(b) Loudspeakers used in connection with contractor’s yards shall be directed and modulated so as not to interfere with the privacy, use and enjoyment of adjacent residential property.
(6) Car washes. In addition to providing sufficient on-site space for car detailing so as not to interfere with vehicle circulation on-site, on adjacent property, or on adjacent right-of-way, car washes shall provide the following minimum parking and queuing spaces:
(a) Self-service car washes shall provide two parking spaces, and vehicle-queuing spaces equal to four cars for each wash bay;
(b) Automatic car washes shall provide a minimum of six parking spaces, and vehicle-queuing spaces equal to 20 cars for each conveyor or robotic washing apparatus;
(c) An automatic car wash as an accessory use to a gas station shall provide a minimum vehicle-queuing spaces equal to six cars for each conveyor or robotic washing apparatus.
(7) Mining.
(a) The perimeter of the property or the area on which mining is located shall have an earthen berm of at least six feet in height, and landscaped to screen the mining operation and pit from the adjacent property and public right-of-way, unless other barriers exist that the city determines are adequate, or unless this requirement is modified pursuant to the grant of the special use. Landscaping shall consist of adequately-planted shrubbery and trees and shall be maintained to present a reasonably neat appearance.
(b) The perimeter of the property or the area on which mining is located shall be fenced with a six-foot-high, chain-link fence, either in front of or behind the berm, unless other barriers exist that the city determines are adequate, or unless such requirement is modified pursuant to the grant of the special use.
(c) The use of blasting or other uses of explosives is permitted, provided it conforms to the following standards.
1. The use, handling and detonation of explosives (sometimes referred to as "blasting") in connection with the quarrying operations shall be under the direct supervision of persons having the requisite experience and knowledge to conduct such operations with safety. If such persons are hereafter required to be licensed by any federal agency or by the state or county, they shall meet the licensing requirements and obtain such license.
2. The storage of explosives shall be in accordance with all applicable federal and state laws and regulations, and shall be stored in magazines, buildings or structures that shall meet the safety requirements of such laws and regulations.
3. Blasting procedures shall be in accordance with modern techniques, generally accepted in the quarrying industry, whereby a shot shall consist of explosives fired or detonated in sequences of multiple delays at intervals of milliseconds, so as to counteract and reduce the ground motion or the ground vibrations from each successive detonation (sometimes referred to as "short-period delay blasting"). Blasting procedures shall be designed on the basis of maximum charge per delay (that it, the quantity of explosives in pounds per detonation) and distances in feet, so that the maximum ground vibration intensity shall not exceed 0.5 inches per second of ground particle velocity, resulting from any shot or blast, measured by any one of the three mutually perpendicular planes of ground motion, as recorded at the nearest existing building not owned by the property owner (or equivalent location if not feasible at the building).
4. Blasting procedures shall be subject to and comply with the applicable lawful requirements of the Illinois Pollution Control Board, the Illinois Department of Mines and Minerals, the Mine Safety and Health Administration (MSHA) of the United States Department of the Interior, and any other federal or state governmental agency having jurisdiction thereof.
5. Blasting procedures shall be in conformity with approved safety regulations, customs and practices generally accepted in the quarrying industry, and the safety regulations or governmental agencies having jurisdiction thereof.
6. Compliance with the provisions of these regulations governing blasting procedures and quarrying operations shall be subject to review and inspection from time to time by authorized city officials, upon reasonably prior notice and during reasonable business hours.
7. The actual detonation of any blasts will be restricted to the local time period between 1:00 p.m. and 4:30 p.m., Monday through Saturday of each week. No blasting shall take place on Sunday or on the following legal holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
(8) Unique uses. The petitioner shall have the burden of presenting clear and convincing proof that the unique use is justified and proper; and:
(a) Proof of special and extraordinary need for the unique use, which shall include proof of unique characteristics of the subject property, proposed use, and/or the neighborhood surrounding the subject property;
(b) Proof that the unique use will be of some affirmative benefit, from a land use and economic standpoint, to the surrounding properties and neighborhood;
(9) Planned developments. Planned developments are also subject to the standards and procedures set forth in §§ 156.140 et seq.
(10) Outdoor restaurant and/or bar permit (if located on the rooftop). An outdoor eating and/or drinking permit for eating and or drinking establishments within the Downtown Commercial District, with an outside area on the rooftop of the building, shall be subject to the following conditions:
(a) The rooftop area shall be associated with an establishment doing business within the principal building;
(b) The floor immediately below the rooftop area is occupied by a nonresidential use;
(c) If it is determined that the hours of operation of the outdoor area will not negatively impact the use and enjoyment of the neighboring properties, outdoor area activities (including music) may be allowed and shall not exceed the hours of operation for the principal use, excluding the sale of liquor, which may be further limited by the liquor license;
(d) Screening shall be provided, either with landscaping and/or a fence, based on the specific site circumstances. The City Council may waive or modify this requirement, based on specific site circumstances, in granting the special use permit;
(e) The main access to the rooftop patio shall be from the interior space of the business within the principal building;
(f) Any lighting fixtures shall be designed to effectively eliminate glare, and sharply cut off lighting levels at the property line. All lights associated with the rooftop patio must be turned off when the rooftop area is not in use;
(g) Complaints regarding outdoor eating and drinking permits will be investigated by the Police Department, and violations of the rules and regulations heretofore promulgated will result in citations and possible revocation of the rooftop patio permit;
(h) When there are sales and consumption of alcoholic beverages in the outdoor area, additional standards apply and it shall be licensed as set forth in § 111.09.
(11) Cargo container storage facilities or a cargo container maintenance facility shall be in keeping with standards and criteria for such facilities contained in § 156.026, Cargo Containers.
(12) Medical cannabis cultivation center.
(a) A cultivation center must comply with the Compassionate Use of Medical Cannabis Pilot Program Act (Public Act 098-0122), ILCS Ch. 410, Act 130, §§ 1 et seq., and all rules and regulations adopted in accordance thereto.
(b) A cultivation center may not be located within 2,500 feet of the property line of a preexisting public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part day child care facility, park, religious institution, library, or an area zoned for residential use.
(13) Medical cannabis dispensing organization.
(a) A dispensing organization must comply with the Compassionate Use of Medical Cannabis Pilot Program Act, and all rules and regulations adopted in accordance thereto.
(b) A dispensing organization may not be located within 1,000 feet of the property line of a preexisting public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part day child care facility, park, religious institution, or library.
(c) A dispensing organization may not be located in a house, apartment or condominium.
(d) A dispensing organization may not share office space with a physician or refer patients to a physician.
(e) A dispensing organization’s ours of operation are limited to Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m.
(14) Secondhand retail store.
(a) Ancillary, donation-drop-off activities shall take place inside the building, with donators entering the building and leaving items with an employee.
(b) Donations are to be accepted during normal business hours as there are to be no donations accepted or left outside the facility after normal business hours.
(15) Automobile dealership, used high-end vehicles.
(a) All vehicles displayed outside on the property for sale shall be parked in parking spaces as striped, sized, allotted and allowed under this chapter. Vehicles obtained as trade-in vehicles may temporarily be maintained for no more than ten business days in the back of the property until properly restored to a good condition, sold or removed from the property. All other vehicles stored or displayed outside shall be in good condition with no visible damage, including but not limited to, rust, scratch, flat tire(s), cracked window(s) or chipping paint. No vehicle shall utilize a parking space reserved for persons with disabilities as defined under the Illinois Vehicle Code, unless it properly displays registration plates or decals issued to a person with disabilities.
(b) The parking requirement for motor vehicles sales is one parking space for each 300 square feet of floor area for employee and customer parking, and five parking spaces for each 1,000 square feet of floor area for outside vehicle display area; and ADA-accessible parking spaces in compliance with governing codes and regulations. The parking lot shall be designed in accordance with all city code requirements.
(c) There shall be no stringed pennant flags or other similar flags or banners as advertisement displayed outside.
(d) This special use shall not run with the land; any transfer or sale of the property or the business shall require a public hearing and an affirmative approval from the City Council for its continuation.
(e) This use shall be subject to applicable screening, landscaping, buffering, setbacks and design standards as required by this chapter, and as deemed reasonably necessary by the Zoning Administrator to protect the character of the surrounding properties and the community.
(f) Minimum lot size and structure. In a C-2 Zoning District, the minimum lot size for this special use shall be greater than half an acre, with a minimum,1,500-square-foot structure for a sales office and/or show room. In a C-3 Zoning District, the minimum lot size for this permitted use shall be greater than one acre, with a minimum,3,000-square-foot structure for office or indoor-display use.
(16) Bed and breakfast.
(a) A bed and breakfast shall be located in a residential building containing not more than five lodging rooms.
(b) Room may be offered for rent to transient guests for a continuous period of 30 days or less.
(c) The building shall serve as the owner's principal residences.
(d) Food may be served only to overnight guests, exclusively between the hours of 5:00 a.m. and 10:00 a.m.
(17) Gas station.
(a) No inoperable vehicles shall be stored outside a building at any time.
(b) No overnight parking is allowed.
(c) Any vehicle repair, servicing or maintenance shall be conducted within fully enclosed portions of a building.
(d) Any building that contains vehicle repair, servicing and maintenance associated with a gas station is prohibited within 75 feet in any direction of any residential use district or lot containing a residential use, measured from the property line.
(e) When this use is located on a corner lot with access from both streets, it shall have no more than one full-movement access point per frontage. A controlled, right, in-and-out access point is allowed in addition to the full. When this use is located mid-block or with access from only one street, it shall have no more than two full-movement access points from that street, subject to approval of the authorities having jurisdiction of the road.
(f) For fueling-station canopies, all under-canopy lighting shall be recessed so that no light lens projects below the canopy ceiling. The canopy fascia shall not be internally illuminated.
(g) The special use of a gas station shall be located where vehicular access is only from a street designated as an arterial or major collector within 400 feet, measured from the property line that defines the corners of the intersection of:
1. 151st Street and Archer Avenue;
2. 143rd Street and Archer Avenue;
3. 159th Street and Farrell Road;
4. Bruce Road and Briggs Street;
5. Bruce Road and Gougar Road;
6. Cedar Road and 167th Street;
7. Cedar Road and 159th Street;
8. Thornton Street and 9th Street (Illinois Highway 71).
(h) The special use of a gas station shall be located where vehicular access is only from a street designated as an arterial or major collector within 1,000 feet, measured from the property line that defines the corners of the intersection of:
1. Interstate 355 and Archer Avenue;
2. Interstate 355 and 143rd Street;
3. Interstate 355 and 159th Street;
4. Interstate 355 and Bruce Road.
(i) All outdoor display of goods shall be kept within constructed enclosures or walled areas consistent with the materials and design of the principal structure.
(j) This use shall not be located (directly measured property line to property line):
1. Within 800 feet of another gas station or truck stop, to limit joined leakage and concentrated odors and exhaust;
2. Within 300 feet of an active public water supply well or storage location;
3. Within 100 feet of naturally-occurring surface water regulated by the local, state or federal government or a mapped 100-year floodplain.
(k) Any established gas station or gas stations with an approved concept plan for such development prior to October 20, 2021, shall be deemed to be in compliance with the special use conditions as set forth in division (G)(16) as long as the use has not lapsed.
(H) Fees. Fees for applications and processes related to this section shall be as found in § 156.126, Fees.
(Ord. 21-016, passed 8-18-21; Am. Ord. 21-032, passed 10-20-21)