(A) Definition. A SPECIAL USE is one which may be allowed in a particular districts provided that certain special conditions or requirements are met. No special use shall be allowed until such times as the City Council has favorably acted upon a petition for such special use, in accordance with the following procedure.
(B) Procedure. All petitions for a special use shall follow the procedures specified in § 159.05 of this chapter.
(C) Requirements.
(1) The maximum building height for special uses shall be as specified in § 159.48 for the particular district in which the special use is proposed.
(3) Provisions and exceptions for special uses.
(a) The maximum height requirements as stated in § 159.48 may be increased if buildings are set back from front and rear property lines, one foot for each two feet of additional height above the maximum requirement.
(b) In all districts, spires, church steeples, chimneys, cooling towers, elevator bulkheads, fire towers, scenery, lofts, and essential mechanical appurtenances may be erected to any height not prohibited by other laws or chapters.
(c) A church or temple requiring parking area at times when nearby uses do not need their parking facilities, may by agreement approved by the Board, utilize such facilities in lieu of providing their own parking facilities.
(d) Open parking areas shall be paved with a hard surface.
(e) Appropriate plantings, buffer areas, fences, lighting controls and other aesthetic conditions may be required as a condition to the granting of a special use.
(D) Restrictions and requirement standards for sexually oriented businesses.
(1) Must conform to Chapter 118.
(2) Cannot be located within 1,000 feet of any existing school; church or other religious facility or institution; mortuary or undertaking establishment; home for the aged or indigent persons; public housing property; veterans or their spouses or children; establishments that sell dispense or deliver alcoholic beverages; township, municipal or other governmental unit; park; recreation facility; institution of higher education; cemetery; area dedicated for public assemblies; teen or youth center; airport; or a residence.
(3) Cannot be located within 1,000 feet of another establishment already operating a business defined herein.
(4) For the purposes of this chapter, measurements shall be made in a straight line, without regard to intervening structures or objects, from the property line of the lot or parcel containing the adult use to the property line of uses in divisions (D)(2) or (3) of this section.
(E) Requirement standards for industrial parks. Industrial parks, which may include all permitted light industrial uses.
(1) The tract of land involved shall be of an area of not less than ten acres;
(2) The owner or owners of such tract of land shall have:
(a) Prepared a plat for a subdivision of the entire tract;
(b) Prepared a development plan for such entire tract;
(c) Obtained Commission approval of both the plat for the subdivision and the development plan according to the requirements of the Subdivision Control chapter, City of Mattoon, and this chapter.
(3) There shall be one principal entrance to the industrial park from any major thoroughfare (fronted highway) bordering the tract, which shall be designed so that traffic at its intersection with the frontal highway may be controlled and so that there will be adequate storage space for traffic destined to enter the frontal highway or to leave the industrial park.
(4) There shall be no direct entrance or exists from parking areas or structures into the frontal highway (or highways) but a service drive parallel to the main traffic way may be provided for such access. Traffic on the service drive shall enter the main traffic way via the principal entry.
(5) Wherever the industrial park and adjacent residential districts have a common or joint boundary, an area with a width of at least 25 feet shall be provided for the full length of such boundary for a planting screen, planted with shrubs and trees so as to provide a tight screen effective at all seasons of the year.
(6) The owner or owners shall provide a plan for the installation of adequate facilities for the disposal of human and industrial wastes meeting the approval of the State Department of Health.
(7) The owner or owners shall establish in the restrictions which are a part of the plat for the subdivision a perpetuating organization for the maintenance of the industrial park property, such as roads and planting areas, the approval of building plans and other improvements, and the future maintenance of the park.
(8) The development plan shall indicate the arrangement of the interior roads to provide a unified, self-contained arrangement of industrial sites. The basic concept of the interior road plan shall be subject to the approval of the Commission and any modification or alterations in the basic plan shall likewise be subject to such approval.
(9) The development plan shall show building lines established so that no building or structure shall be erected on any tract within the park nearer to the center line of any interior road than 85 feet nor nearer than 100 feet to the property line of any bordering highway, and no building shall be erected closer to the side line of a tract than 35 feet and not closer to an adjoining residential district than 75 feet.
(10) No loading docks may be erected or used fronting on a bordering highway. Provisions for loading or unloading operations and any handling of freight or materials outside of buildings shall be located so as not to face on bordering highways.
(11) No part of a parking area for passenger vehicles shall be closer than 25 feet and no part of a loading or unloading area or parking area for trucks shall be closer than 100 feet to an adjoining residential district. All parking, loading and unloading areas shall be paved with a suitable last preventative surface.
(12) The areas in front and on the sides of buildings shall be developed in accordance with a well-designed landscape plan, and such areas shall be perpetually maintained to the satisfaction of the Industrial Park Organization.
(13) One off-street parking space shall be required for each four employees, when the largest number of employees are present.
(F) Nonconforming uses.
(1) The lawful use of a building or premises existing at the time of passage of this chapter may be continued although such use does not conform to the provisions hereof. A nonconforming use may be extended throughout a building provided no structural alterations, except those required by law, are made therein. A nonconforming use may be changed to a conforming use or to a use permitted in a district of greater restrictions, such use shall not thereafter be changed to a nonconforming use or less restricted use. These provisions apply in the same manner to a use which may become a nonconforming use due to a later amendment of this chapter.
(2) In the event that a nonconforming use of any building or premises is discontinued for a period of one year, the use of the same shall thereafter conform to the use permitted in the district in which it is located.
(3) No building shall be erected upon any premises devoted to a nonconforming use, and no building located upon any such premises, which has been damaged by fire or other causes to the extent of more than 51% of its
value prior to the event, shall be repaired or rebuilt except in conformity with the regulations of this chapter.
(4) The Building/Code may authorize, by written permit, in a residential district for a period of not more than one year from the date of such permit, a temporary building for commercial or industrial use for the residential development of the district.
(5) No building whose use does not conform to the provisions of this chapter shall be enlarged, extended, reconstructed or structurally altered, except when required by law or chapter, unless such use is changed to a use permitted in the district in which such building or premises is located.
(6) Any nonconforming open use of land shall be discontinued within five years from the date of passage of this chapter.
(7) These provisions apply in the same manner to a use which may become a nonconforming use due to a later amendment to this chapter.
(8) Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which has been diligently prosecuted within 90 days of the date of such permit and which entire building shall be completed, according to such plans, as filed, within 18 months from date of passage of this chapter.
(Ord. 2015-5377, passed 5-5-2015)