(A) Change in zoning and new construction requiring planned use approval. A planned use approval shall be required for any proposed amendment or change in zoning, change of use from a residential to a non-residential use, or any construction of a new building for any non-accessory use within the MR, O-1, B-1, B-2 or I districts where any of the following exists:
(1) The subject property is adjacent to or within 250 feet of any property used for residential, public assembly, including church/religious, or school purposes;
(2) A new structure of 20,000 square feet or more is proposed;
(3) Two or more buildings are proposed on one lot;
(4) When traffic generation per a traffic study submitted by the applicant, if requested at the discretion of the city, shows any level of service of “D” or worse pursuant to the accepted national traffic standards; or
(5) When required by table of uses in this chapter or otherwise required elsewhere in this chapter.
(B) Change in use requiring planned use approval. A planned use approval shall further be required for any new, expanded or changed use that includes any one or more of the following specific uses:
(1) Convenience store or automotive service station;
(2) Retail or wholesale fuel, dispensed or sold;
(3) Uses offering liquor sales and/or consumption, on- or off-premises;
(4) Restaurants (other than restaurants with seating capacity less than 40);
(5) Drive-in or drive-through service (liquor sales shall be prohibited in connection therewith);
(6) Car washes, self and automated;
(7) Hotels, motels and overnight accommodations;
(8) Dance halls, nightclubs, private clubs or other use offering for its patrons dancing accommodations;
(9) Cultural, recreation or entertainment facilities, such as theaters, museums, meeting halls, golf courses;
(10) Country clubs, driving ranges, mini-golf courses, arcades, billiard halls, bowling alleys, skating rinks;
(11) Bed-and-breakfast;
(12) Landfill or disposal site;
(13) Gun and archery clubs or ranges;
(14) Halfway houses and group homes;
(15) Manufactured/mobile home subdivision and mobile home parks;
(16) Mining or mineral excavation or extraction;
(17) Mini-warehouses;
(18) Correction or detention facility;
(19) Dry cleaning service facility;
(20) Salvage, scrap or storage yard;
(21) Auto repair and service garage;
(22) Outdoor display (including car and equipment dealerships);
(23) Apartment buildings, three units or greater;
(24) Public, private or parochial schools or other uses offering courses of instruction in accordance with standards for compulsory education;
(25) Child day care facilities required to be licensed by the state;
(26) Public assembly, including, but not limited to, schools, auditorium, schools and churches or other places of formal worship;
(27) Shopping centers;
(28) Pole barns or metal-sided buildings. New principal uses/structures of this type shall not be approved in any MR-2, O-1, B-1 or B-2 District; a development plan shall be required for any new pole barn/metal sided building proposed for any lawful industrial use;
(29) Kennels having outdoor runs or containment areas;
(30) Veterinary clinics subject to the following additional requirements:
(a) Proper waste disposal with no detectible odors beyond the property line;
(b) No outdoor dog runs or play areas,
(c) No indoor or outdoor boarding of animals, except for indoor boarding directly related to medical treatment;
(d) Verification is provided to the city that the building design or construction will prevent noise from animals being audible from adjacent properties or tenants; and
(31) Funeral or mortuary service establishments, including accessory crematories, provided that all accessory crematories shall be permitted only by planned use, subject to the following requirements:
(a) Crematories shall be permitted only as an accessory use to an existing funeral or mortuary services use subject to securing and maintaining all required IEPA permits, licenses and certifications and compliance with other applicable city requirements.
(b) Crematories shall not emit any noticeable odor or particulates.
(c) Crematories shall have emission stacks covered or shrouded with materials safe for such uses and that are compatible in design and architecture with the existing funeral home and the building housing the crematory. The crematory facility and emission stack shall be compatible with surrounding properties, including residential properties.
(d) Decorative vinyl fencing or other site-proof fencing or landscaping approved by the city on a site plan and located between the crematory and adjacent residential properties shall be provided.
(32) Video gaming licensed establishment, subject to the additional requirement that all video gaming licensed establishments must comply with all state, municipal and any other requirements of a video gaming licensed establishment.
(33) Cluster/conservation development in the RR, SR-1, SR1-B, SR-2. and SR-3 residential zoning districts, as defined in § 158.016.
(34) Modular building structures as a permitted principal structure in the SR-3 zoning district.
(C) For purposes of this division (C), resumption of a previously-abandoned use shall be deemed a “new” use, except where the resumed use seeks only to reoccupy an existing building for a restaurant, place of public assembly or child care facility; and, provided that, no use or building expansion occurs and no intervening use occurred between the abandonment and resumption and the Director certifies that the new use meets the intent of this code including, but not limited to, the intent of this division (C) that no resumed use cause a greater impact or intensity than the prior use in light of the current circumstances.
(D) Unlisted uses. The table of uses contained in this chapter and the specific uses or circumstances set forth in this subchapter for planned uses do not necessarily reflect all of the regulations that may apply to particular uses or districts. However, any use not listed herein nor shown in the table of uses as a special use, planned use or a use permitted by right in the applicable zoning district or authorized as an accessory use, shall be prohibited unless the City Council, after review by the Planning Commission, determines that the proposed use is sufficiently similar to a use expressly authorized in the applicable district and is not otherwise prohibited or intended to be prohibited by this chapter or other applicable regulations and such determination is approved by the City Council. Except as provided in this division (D), uses not listed and expressly authorized have been determined either not to be appropriate in any district, incompatible with certain existing uses, or sufficiently rare or unexpected as to be incapable of being listed at the time of adoption of this chapter. Any use not delineated in this chapter as a use permitted by right, a special use or a planned use in any zoning district, but which nevertheless constitutes a use that is required by law to be permitted within the city, shall be authorized only in the Industrial District subject to the following conditions:
(1) The use shall be permitted only to the extent required by law to be permitted;
(2) The use shall be approved only as a planned use, except if, by law, it is required to be permitted by right;
(3) The use shall be located no closer than 1,000 feet from any residence, residential property, park, school or church, except as may be modified by the City Council through a planned use procedure;
(4) The use shall maintain a distance of at least 1,000 feet from any other such use; and
(5) No use shall occupy a structure in excess of 5,000 square feet without an approved alternate parking plan designed for that use and supported by a traffic study submitted to and approved by the City Council.
(E) Planned Use Exemption: Regency Park and Central Park Commercial area. For property zoned B-1 or B-1(p) having frontage along the Regency Park Drive, Central Park Drive, Central Park Circle or Park Plaza Drive, the following use(s) shall not be subject to planned use requirement, and may be approved administratively by Site Plan, unless a planned use is required by other aspects of the use:
(1) Restaurants, including liquor sales and consumption on premise, not having a drive through;
Any exempt use shall conform with the Commercial Design Handbook and all other code requirements to qualify for the exemption. Where the Director reasonably believes a use exempted under this provision is not fully compliant with all applicable requirements and standards or creates a risk to safety or property, the Director may require the use to be submitted as a planned use notwithstanding this exemption. Otherwise, where the Director determines that the Site Plan is also fully compliant, the Site Plan shall be submitted to the City Council for administrative approval, denial or condition by resolution or motion. Additional information as may be required by the Director including, but not limited to, traffic impact study, access management plan, geologic hazard study, environmental impact report, historic inventory study and data which estimates and document how the project will affect population, employment, schools, parks streets, utilities, public safety and other city services.
(Ord. 3471, passed 8-21-2006; Ord. 3483, passed 10-16-2006; Ord. 3583, passed 7-21-2008; Ord. 3643, passed 11-2-2009; Ord. 3817, passed 2-18-2014; Ord. 3832, passed 6-2-2014; Ord. 3941, passed 7-5-2016; Ord. 3997, passed 7-17-2017)