(A) Generally. Pursuant to this section, uses set forth in division (B) below, or otherwise allowed in this chapter by special permit, may be allowed by special permit. Additionally, building and structures may, by special permit, be built to a height greater than otherwise allowed by the provisions of this chapter. The city has determined that the uses and variations allowed pursuant to this section are such that they have a unique, special or unusual impact upon the use or enjoyment of neighboring property. The authority of this section is in addition to other provisions of this chapter such as those pertaining to planned developments.
(B) Uses located by special permit. Uses for which special permits may be secured, conditions that must be observed, and districts in which use will be allowed are:
Uses | Specific Conditions | Districts |
Uses | Specific Conditions | Districts |
Nursery, pre-kindergarten, kindergarten, play, special and other private schools and day care for more than 12 children | At least 100 square feet of open play space must be provided for each child enrolled. | Any |
Hospital and nursing homes, educational, religious and philanthropic institutions and senior citizens public housing, public health facilities | Building may occupy not over 25% of lot and must be set back an additional two feet over usual yard requirements for each one foot building exceeds usual height limits; off-street parking must be provided as required in § 162.091. | Any |
Cemetery and/or mausoleum | At least 20 acres in area for new cemeteries; a mausoleum shall be at least 200 feet from every street line and adjoining lot line. | R only |
Dormitories, fraternities and sororities | For students of a college or university and when located within 300 feet of the main administrative building. | Any |
Airport and landing field | Must have prior approval of Federal Aviation Agency. | Any |
Greenhouse and nurseries truck gardens and/or roadside stands | No greenhouse shall be closer than 25 feet to a lot that is residentially zoned. | R1A, R1B, R1C, R2, R3 |
Mobile home parks, trailer camps or mobile subdivisions | All inhabited mobile homes or trailers shall be located in a mobile home park or trailer camp; the provision of Chapter 119 of this code and other applicable ordinances or laws shall be complied with; mobile home subdivisions must be subdivided as any other real estate and must satisfy the minimum yard requirements established hereunder or by the special permit, if specifically provided for. | RU, C, M only |
Motels and hotels | Motels and hotels shall provide at least 1,000 square feet of lot area for each unit; there must be at least 20 feet between buildings, but for purposes of this requirement a series of attached units comprising a continuous structure shall be considered as one building; each unit shall contain at least 200 square feet of floor area and provide heating, lavatory, toilet and tub or shower with hot and cold water; plans and installation shall be subject to approval of Building Inspector and permits shall be valid only so long as the installations receive Building Inspector’s approval as complying with these and other applicable state and municipal regulations. | C1B, C2, C3 only; RU1, R1A when frontage upon a numbered highway |
Motels and hotels | None | C4 only |
Outdoor theaters | Must be approved by the Highway Department when on or near a state highway. | C, M only |
Private recreational and activities | None | RU1, C, M only |
Mining and extraction of minerals or raw materials and the manufacturing, processing, treating and storing of materials or minerals, which are extracted from any portion of the district | (a) No excavation, blasting or stock piling of materials shall be located within 100 feet of any public road or other property line. | RU1 |
(b) All excavation slopes in excess of one to one shall be adequately fenced as to be determined by the Building Inspector. | ||
(c) Stripping of topsoil for sale or for use on other premises, except as may be incidental to a construction project and confined to the construction area, shall be prohibited in all districts. | ||
(d) Before approval of any new or extension to a sand, gravel or stone quarrying operation, a performance bond shall be secured from the applicant sufficient to ensure that upon completion of the extraction operations the abandoned quarry will be left in a safe, attractive and useful condition in the interest of public safety and general welfare. | ||
(e) A non-climbable fence, a minimum of six feet in height, shall be installed around the quarry and all its operations as a safety device; the fences shall be constructed of fine mesh in rectangular shapes, and the sizes of the rectangles shall not exceed two inches by four inches. | ||
(f) Access to the quarry shall not make use of established minor residential access streets. | ||
(g) Any crushing of rock or processing of material shall be done in a way as to minimize the amount of airborne dust created. | ||
(h) The quarry and all its buildings, pits and processing equipment shall be effectively screened from the view of any adjoining property in a residential district with a fence or durable masonry wall six feet in height, or natural planting of comparable opacity at least six feet in height. | ||
Parking lots | (a) A special permit shall not be required for parking lots, which are accessory to permitted uses, are located within the same zoning district as the permitted use and adjoin the principal use. | RU, RE, R |
(b) All open off-street parking areas and driveways shall be improved with a compacted road base, not less than four inches thick, surfaced with asphalt concrete or some comparable all weather dustless material. | ||
(c) All open automobile areas containing more than five parking spaces shall be effectively screened on each side adjoining or fronting on any property situated in a residence district or any institutional premises by a wall, fence or densely planted compact hedge as provided in the permit; the required screening shall conform with the front and side yard setback requirements of the district in which the parking is located; planting screens or hedges shall not exceed three feet in height where location is so that sight lines are necessary for vehicular movement across pedestrian ways. | ||
(d) The illumination of a parking lot shall be designed so that the light from lighting fixtures in the parking lot does not reflect direct rays or spill over in adjacent residential district; all parking lot lighting arrangements shall be installed as approved by the Director of Utilities and Engineering; the following standards shall apply to all off-street parking lots, except as otherwise provided in the special permit: | ||
(1) All lighting fixtures shall not be placed higher than 15 feet above the finished grade; | ||
(2) Fixtures shall be of the non-spill type, hooded to prevent glare; and | ||
(3) Candle power per fixture shall not be less than 2.0 foot candles and not more than 3.0 foot candles measured at grade level under the fixture. | ||
(e) Finished grade and drainage shall be approved by the Director of Utilities and Engineering. | ||
Clinics | The building or buildings must not occupy more than one-third of the lot area, the yards are landscaped (i.e. not used for off-street parking) and provided that the facility provides one off-street parking space for each 200 square feet of floor space in the building. | R2, R3 |
Undertaking establishments | An establishment wholly owned and operated by a person who is both a licensed funeral director and a licensed embalmer in accordance with the provisions of the Illinois Revised Statutes; the building or buildings must not occupy more than one-third of the lot area, the yards are landscaped (i.e. not used for off-street parking) and provided that the facility provide for one off-street parking space for each 200 square feet of floor space used for the conduct of the business. | R2, R3 |
Waste stabilization pond (lagoon) | Must be approved by the Director of Utilities and Engineering and be in accordance with the state health requirements. | Any |
Mobile home sales | Mobile home sales may be located on a lot subject to the specific conditions hereafter stated. For purposes of this division,
MOBILE HOME shall mean a structure designed for permanent habitation and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location, or subsequent locations, at which it is intended to be permanent habitation and designed to permit the occupancy thereof as a dwelling place for one or more persons. The following specific conditions shall apply: | C1 |
(a) A site plan shall be prepared at a specific scale showing ingress and egress from a public street, the maximum number of mobile homes to be maintained, and the location lay-out for mobile homes, artificial lighting, office, off-street parking, any pole or ground sign and any other improvements. | ||
(b) There shall be a setback from the front property line of not less than 25 feet and a side yard of 15 feet, except where adjacent to a residential district, in which each side yard shall not be less than 25 feet and a rear yard when adjacent to a residential district of not less than 25 feet. In the side and rear yards adjacent to residential areas screen plant material dense enough to reduce the view of mobile homes by 50% shall be installed, maintained and not permitted to grow over the property line. The plant material shall be of a disease resistance variety that will attain a height of not less than ten feet. | ||
(c) Artificial lighting installed shall not adversely affect adjacent properties. | ||
(d) All driveways, display lots and off-street parking areas shall be surfaced with a bituminous dust-free material or concrete. | ||
(e) All hard surfaced areas shall be drained so as not to deposit surface water on adjacent properties. | ||
(f) Only one structure shall be permitted to be used for a sales office. | ||
(g) There shall be no assembly or repair of mobile homes on the lot. | ||
(h) There shall be one automobile parking space for each three mobile homes on display plus one parking space for each employee. | ||
(i) All advertising or display sign shall be located in accordance with the site plan and in compliance with the city’s ordinance regulating signs. | ||
Electric and gas substations | Non-climbable fences or comparable safety devices shall be installed and maintained in order to make the facility inaccessible to the general public. A hedge or other natural planting of comparable opacity, fence or wall may be required along any exterior property line, which adjoins a residential district or a commercial office use. | RU1, RE1, RS, R1A, R1B, R1C, R2, R3, C1A, C1B, C2, C3 |
Club | Regulations governing and R2 and R3 Districts apply. No parking allowed in a required front yard. Parking areas to comply with § 162.091. It shall be permissible to serve food and meals on the premises, provided adequate dining room and kitchen facilities are available. The sale of alcoholic beverages shall be permitted only if specifically allowed by the special permit issued and if permitted be in compliance with the applicable federal, state, county and city laws. | RU1, RS, R1A, R1B, R1C, R2 |
Change from one nonconforming use to another (see § 162.130) | The change must not be detrimental to or tend to alter the character of the neighborhood; the change must not increase congestion in the streets; and the change must be no less restricted than the existing use. | Any District |
Enlargement, extension or structural alteration of nonconforming use, building or structure (see § 162.131) | The enlargement, extension or structural alteration must not be detrimental to or tend to alter the character of the neighborhood; the enlargement, extension or structural alteration must not exceed the applicable bulk regulations for the district; the applicable off-street parking requirements must be complied with for the enlarged portion of the use; and there must be some compelling public necessity requiring the enlargement, extension or structural alteration. | Any District |
Baseball park | (a) The land area for a baseball park area shall not and be less than five acres. A site plan shall be prepared at a specific scale showing ingress and egress from a public street, diamond, bleacher area(s), office, concession area, off-street parking, artificial lighting, landscaping, any signs and any other improvements. | RU1, C, M only |
(b) There shall be a setback from the front property line of not less than 25 feet and a side yard when located in or adjacent to residential district, a side yard(s) not less than 25 feet and a rear yard when adjacent to a residential district of not less than 25 feet and a rear yard when adjacent to a residential district of not less than 25 feet. In the side and rear yards adjacent to a residential area there shall be installed a cyclone type wire fence with decorative slats not less than five feet in height to protect the residential areas from any playing activities. | ||
(c) All driveways, display lots and off-street parking areas shall be surfaced with a dust-free material. All hard surfaced areas shall be drained so as not to deposit surface water on adjacent properties. Only one structure shall be permitted to be used for an office. | ||
(d) Off-street parking: One parking space shall be provided for each four seats plus additional spaces as may be required for affiliated uses as concession stands and the like. There shall be provided one parking space for each employee. All advertising or display signs shall be located in accordance with the site plan and in compliance with city’s ordinance regulating signs. The site plan shall be approved by the Illinois Department of Transportation when on or near a state highway. | ||
Roller skating rink and/or ice skating rink | (a) The land area shall not be less than one acre. A site plan shall be prepared at a specific scale showing the location of the structure on the lot, an ingress and egress from a public street, off-street parking any lighting, landscaping, signs and any other improvements. | RU1, C, M only |
(b) There shall be a setback for the front property line in compliance with the district in which it is to be located. If a setback is not required in the district, then there shall be a setback of not less than 25 feet. When adjacent to or within a residential district, there shall be a side-yard(s) not less than 25 feet and a rear yard when adjacent to a residential district of not less than 25 feet. In the side and rear yards adjacent to residential areas, screen plant material dense enough to reduce the view of the roller skating rink by 50% shall be installed, maintained and not permitted to grow over the property line. The plant material shall be a disease resistant variety that will attain a height of not less than ten feet. | ||
(c) All driveways and off-street parking areas shall be surfaced with a dust-free material. | ||
(d) Off-street parking: There shall be provided ten parking spaces for each 1,000 square feet of floor area. All advertising or display signs shall be located in accordance with the site plan and in compliance with the city’s ordinance regulating signs. | ||
Live (legitimate) theatre | (a) Affiliated uses including but not limited to a restaurant and bar facilities shall be included in the principle building and may be permitted. A site plan shall be prepared at a specific scale showing the location of the structure on the lot, any ingress and egress from a public street, off-street parking, any lighting, landscaping signs and any other improvements. | C only |
(b) There shall be a setback from the front property here in compliance with the district in which it is to be located. If a setback is not required in the district, then there shall be a setback of not less than 25 feet. When adjacent to or within a residential district, there shall be a side yard not less than 25 feet and a rear yard when adjacent to a residential district of not less than 25 feet. In the side and rear yards adjacent to residential areas, screen plant material dense enough to reduce the view of the theater building by 50% shall be installed, maintained and not permitted to grow over the property line. The plant material shall be of a disease resistant variety that will attain a height of not less than ten feet. | ||
(c) All driveways and off-street parking areas shall be surfaced with a dust free material. | ||
(d) Off-street parking: | ||
(1) Theater. One parking space for each four seats up to 400 seats, plus one parking space for each six seats over 400 seats. | ||
(2) Restaurant. One parking space for each 100 square feet of floor area, plus one parking space for each employee. | ||
(3) Establishments dispensing beverages for consumption on the premises. One parking space shall a provided for each 300 square feet of floor area plus one parking space for each employee. All advertising or display signs shall be located in accordance with the site plan and in compliance with the city’s ordinance regulating signs. | ||
Office uses including, but not limited to, business and professional offices | Special permits may be general or limited to one business or more particular office uses and a maximum number of owners, operators or employees. | R3 |
C1B permitted uses | Special permits may be general or limited to one or more particular uses and a maximum number of owners, operators or employees. | C1A |
Unregistered nonconforming use (see § 162.129(A)) | The nonconforming use must have been conducted at least within the time periods prescribed by § 162.132. | Any District |
Any District | ||
Publicly owned and operated buildings, structures and properties (not specifically permitted) | None | Any R |
Railroad yards | None | Any R |
Skeet and gun clubs | (a) Adequate provisions must be made for preventing bullets or other projectiles from straying into any occupied areas or adjoining properties. | RU1, M |
(b) The area for the club shall be of sufficient size or distance from adjoining properties so that applicable state noise regulations are complied with and so that there will not be unreasonable amounts of noise to adjoining properties. Appropriate tests may a conducted to determine noise level. | ||
Towers/antennas/flag poles more than 50 feet in height | (a) Location from nearest property line shall be not less than the structure height plus additional five (5) feet. (b) building permit required. | Any district |
Warehousing - storage | The use as proposed shall be compatible with adjoining uses. | C2 |
Campgrounds | None | RU1 and RE |
Adult uses | (a) An adult use may not be located within 500 feet of any pre-existing adult use; any not-for-profit school, community college, college or other similar education institution; any church or other place of worship; and residentially zoned areas; and building used by the United States, the state or any unit of local government; any parks or play grounds; or any business which sells or dispenses in some manner alcoholic beverages. This restriction may, however, be waived by the City Council if: | C2, C3, C4, M1 |
(1) The proposed use will not be contrary to the public interest or injurious to nearby properties; and the spirit and intent of this provision observed; | ||
(2) The proposed use will not enlarge or encourage the development of a “skid-row” or similar deteriorated area; | ||
(3) The establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential; | ||
(4) The other applicable regulations of this chapter are observed; and | ||
(5) The owner of owners (as opposed to the occupants) of a majority of the property or properties within which the use may not be located (e.g. residentially zoned areas) consent in writing to the proposed use. For the purposes of these restrictions, measurements shall be made in a straight line, without regard to intervening structures or objects, from the property line of the adult use to the nearest property line of the other use. | ||
For purposes of the consent requirement provided above, the following specific rules shall apply. | ||
(1) The requisite majority shall require the consent of the owner or owners of the property or both the properties if there is one property or there are two properties, and any number more than 50% of the properties if there are more than two properties. | ||
(2) The relative area of properties shall not be a consideration, but only the actual number of individual properties. | ||
(3) Each property considered shall be a zoning lot and not divisions or parts thereof. | ||
(4) Any property or properties owned or occupied by any person, firm or corporation interested, or to be interested, directly or indirectly, in the proposed adult use or the property at which it is to be located shall not be considered. The interest may include among others, any interest as stockholder, partner, investor, sole proprietor, agent, employee, landlord or consultant. | ||
(5) In determining whether multiple owners of property consent to the use, the majority in interest (as opposed to a majority in number) will be determinative. | ||
(6) When title to real estate is conveyed after written consent is given, the consent shall remain valid unless withdrawn by a majority of the then owners. | ||
(7) A consent may be withdrawn before a permit is approved by the City Council, but the applicant has a right to substitute new consents for those lost through withdrawal. | ||
(8) The consent requirement shall not be construed to vest the power to issue permits in landowners. The City Council retains the power to deny a permit event if the required consents are filed. Instead, the consent requirement is imposed because adult uses are considered as so potentially disturbing to the neighboring uses specified that additional limitations are warranted. | ||
(b) The adult use specifically permitted shall be limited to a single primary adult use, although the special permit may allow for other secondary adult uses. The primary adult use shall be one of those within the term “adult uses.” | ||
(c) Advertisements, displays, promotional materials or activities (other than an approved sign) shall not be shown, exhibited or undertaken so as to be visible to the public, from pedestrian sidewalks or walkways, or from other areas, which are public or semipublic. | ||
(d) Any sign shall be approved by the City Council, shall contain only the actual name of the business, and shall not overhang any public street or sidewalk. | ||
(e) No building in which the use is located shall be painted in garish colors or in any other fashion as will effectuate the same purpose as a sign or advertisement. | ||
(f) Lobby and entrance areas must be designed so as to minimize obstruction of sidewalks during operating hours | ||
(g) No loudspeakers or sound equipment shall be used in connection with the use that can be discerned by the public from pedestrian sidewalks or walkways, or from other areas, which are public or semi-public. | ||
(h) In the event the adult use also involves a use which is licensed, such as the sale of alcoholic beverages, massage establishments or theaters, the use shall at all times be properly licensed. | ||
(i) No unlawful activities may be conducted on the premises. | ||
(j) This provision shall not be construed to allow violation of any applicable laws, including but not limited to those pertaining to obscenity, indecent conduct (§ 132.04), or the sale of alcoholic beverages (Chapter 111). | ||
Editor’s note: Ordinance 8041 provided the following transition provision. Transition: The provisions of this ordinance as they pertain to special permits for adult uses shall not apply to any adult use lawfully in existence at the time this ordinance takes effect, provided that the adult use continues to be conducted at the same location and in the same manner it was on the effective date of this ordinance, the ownership of the business or stock in the business conducting the use is not changed at any time thereafter to the cumulative extent of 50% or more, and the adult use is registered with the Secretary of the Plan Commission within 90 days after the effective date of this ordinance. No charge shall be made for the registration. The form of registration shall be as prescribed by the Secretary of the Plan Commission but shall set forth, at a minimum, the location, nature and ownership of the adult use. Upon being duly registered, a special permit for the use shall be issued. Except as otherwise provided in this division, the special permit shall thereafter be subject to the provisions generally applicable to special permits, provided, however, without further approval, the use can be made to more conform with the requirements governing adult uses. In the event the location, nature or ownership of the adult use is changed as provided above, or the adult use is not registered, the right to continue the use shall automatically terminate. If and when requested by the Secretary of the Plan Commission, the last known owner or owners of the use shall file an affidavit with the Secretary of the Plan Commission setting forth any changes relative to the use (e.g. ownership). If not provided within 30 days after a request therefore is made, the right to continue the use shall terminate and the special permit considered withdrawn. In the event of an extension of jurisdiction of the city’s zoning authority, the same rules shall apply as to the use, but from the date the jurisdiction is effectively extended. Once the right to continue an adult use hereunder terminates, a special permit under the terms of division (b), as amended by this ordinance, shall be required. In the event an adult use also sells alcoholic beverages, the other use must be separately registered if a special permit would be required in the district involved. The other registration shall not be deemed to allow the continuance of the adult use beyond the period allowed by this section. Instead, each respective use shall be governed by their separate transition provisions. | ||
Sale of alcoholic beverages | (a) The sale of alcoholic beverages may not be located within 500 feet of any pre-existing district use for the sale of alcoholic beverages; and not-for-profit school, community college, college or other similar educational institution; any church or other place of worship, any residentially zoned areas; any building used by the United States, the state or any unit of local government; or any parks or playgrounds. This restriction may, however, be waived by the City Council if: | NR2 and C1B and other district in which the sale of alcoholic beverages is incidental and secondary to a primary use, including but not limited to colleges, country clubs and golf courses except by special permit, the sale of alcoholic beverages shall not be allowed as a primary use in districts of a higher classification than C1B such as C1A and all residential districts |
(1) The proposed use will not be contrary the public interest or injurious to nearby properties and the spirit and intent of this provision observed; | ||
(2) The proposed use will not enlarge or encourage the development of “skid-row” or similar deteriorated area; | ||
(3) The establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation permit or improvement, either residential or nonresidential; and | ||
(4) The other applicable alcoholic regulations of Chapter 111 are observed. | ||
(b) The business must be properly licensed. | ||
(c) No illegal activities may be conducted on the premises. | ||
(d) This provision shall not be construed to allow violation of any applicable laws including, but not limited to those pertaining to the sale of alcoholic beverages. The issuance of a special permit shall further not be construed to allow the sale of alcoholic beverages without the requisite license such as that required by Title XI of the municipal code or other applicable laws or ordinances. | ||
Editor’s note: Ordinance 8041 provided the following transition provisions. Transition: The provisions of this ordinance as they pertain to special permits for the sale of alcoholic beverages shall not apply to any business lawfully licensed and actually selling alcoholic beverages at the time this ordinance takes effect, provided that the use continues to be conducted at the same location and in the same manner it was on the effective date of this ordinance, and the use is registered with the Secretary of the Plan Commission within 90 days after the effective date of this ordinance. No charge shall be made for the registration. The form of registration shall be as prescribed by the Secretary of the Plan Commission but shall set forth, at a minimum, the location and nature of the use. Upon being duly registered, a special permit for the use shall be issued. Except as otherwise provided in this division, the special permit shall thereafter be subject to the provisions generally applicable to special permits, provided, however, without further approval, the use can be made to more conform with the requirements governing the sale of alcoholic beverages. In the event the location or manner of the use is changed as provided above, or the use is not registered, the right to continue the use shall automatically terminate. In the event of an extension of jurisdiction of the city’s zoning authority, the same rules shall apply as to the use, but from the date the jurisdiction is effectively extended. Once the right to continue the sale of alcoholic beverage hereunder terminates, a special permit under the terms of division (a) above, as amended by this ordinance, shall be required. The conduct of a business for the sale of alcoholic beverages is expressly permitted notwithstanding the sale or transfer of the business. To better give effect to this division, the Secretary of the Plan Commission may notify in writing all holders of a liquor license under Title XI of the municipal code of the registration requirements of this ordinance. | ||
Bed and breakfast | (a) Applicants shall submit a floor plan of the dwelling unit illustrating that the proposed operation will comply with the city zoning regulations as amended, other applicable city codes and ordinances, and within the provisions of this section. | Any |
(b) The City Fire Department and Building Inspection Office shall be contacted in order that the building can be inspected for compliance with all city building and fire prevention codes, all related ordinances and the State Life Safety Code. The inspection shall include, but shall not be limited to, the proper number and type of exits, open staircases, emergency lighting and installation of smoke detectors. | ||
(c) Lavatories and bathing facilities shall be available to all persons using any bed and breakfast operation and shall comply with all city and state plumbing and electrical codes. | ||
(d) Two off-street parking spaces plus additional space per room to be rented must be provided. Tandem parking is allowed; however, not more than two cars per space shall be allowed. All parking spaces shall be paved. If the applicant is unable to meet this condition, the applicant may request special consideration from the Plan Commission. The city’s intent is to discourage yards from being destroyed, landscaping removed or the integrity of the neighborhood altered in order to provide parking. In that case the applicant shall submit an analysis of parking required and parking provided within 300- foot radius of the subject parcel. After review, the Plan Commission may recommend lowering the number of the required parking spaces based on the fact that, sufficient parking exists in the neighborhood. | ||
(e) A non-internally illuminated identification sign, not exceeding four square feet may be mounted flat against the wall of the principle building. | ||
(f) The dwelling unit in which the bed and breakfast operation takes place shall be the principle residence of the operator/owner and the operator/owner shall live on the premises when the bed and breakfast operation is active. | ||
(g) The bed and breakfast sleeping room(s) shall occupy no more than a total 25% of the dwelling unit floor area. If the applicant is unable to meet this condition, the applicant may request special consideration from the Plan Commission. | ||
(h) The maximum consecutive stay for any occupants of bed and breakfast operations small be 90 days Each operator shall keep a list of all persons staying at the bed and breakfast establishment for purposes of verification of this division. The list shall be available for inspection by city officials at any time. | ||
Stormwater retention/detention areas and facilities | A special permit shall be required for the placement of stormwater retention/detention areas or facilities in resident al districts which are adjacent to or which benefit developments located in commercial or industrial districts. Fencing and landscaping of the stormwater retention/detention areas shall be required as needed to ensure the safety and aesthetic appeal of adjacent residential areas. | Any |
Animal crematoriums | Animal crematoriums shall be located at least 100 feet from a property boundary in the M1 District, 200 feet from a property boundary in the C2 District and 300 feet from any property line in an RU1 District. | RU1, C2, M1 |
Standard outdoor advertising structures (billboards) | (a) The maximum area for any one SOA shall not exceed 300 square feet of advertising space, excluding framework, base apron, supports and other structural members on a monopole. | C2, M1, M2 |
(b) The maximum height shall not exceed 40 feet from the highest point on the SOA to surrounding grade or street level, whichever is higher. The minimum height from the surrounding grade shall be ten feet. | ||
(c) The maximum size limitations shall apply to each side of a SOA structure, and SOA may be placed back to back so long as they do not exceed the maximum height limitation specified above. | ||
(d) No SOA shall be erected within 1,500 radial feet of an existing SOA. This spacing requirement applies to both sides of the street. | ||
(e) No outdoor advertising structure shall be less than 75 radial feet from any on-premise freestanding sign on the same side of the street. | ||
(f) No SOA shall be located within 500 radial feet of a lot line of a residentially zoned property or a single-family residence, regardless of zoning districts. | ||
(g) No SOA shall be located within 500 radial feet of any park, school, church, hospital, cemetery, public housing, government building, local Landmark, local Historic District or National Register Historic District. | ||
(h) No SOA shall be located in a manner as to obstruct or otherwise physically interfere with the effectiveness of an official traffic sign, signal or device or obstruct or physically interfere with a motor vehicle operator’s view of approaching, merging or intersecting traffic. | ||
(i) No SOA shall be so located as to obstruct the vision of traffic using entrances, driveways or any public road intersection. | ||
(j) The minimum front yard setback for a SOA shall be 25 feet of the right-of-way. | ||
(k) No SOA shall be located on or over any public or private utility easement road or drainage easement. | ||
(l) All distances shall be measured from the nearest outside edge of the subject SOA, whether a support, structural member or the SOA surface itself, to the nearest outside edge of the corresponding SOA, building, right-of-way or easement involved. | ||
(m) Prohibited SOA include: roof-mounted SOA, stacked SOA, side-by-side SOA, pinwheels, pennants, streamers and banners, moving SOAs, or swinging signs, SOA which contain characters or cartoons that contain statements, words or pictures of an obscene, indecent, prurient or immoral character. | ||
(n) SOA which contain or imitate an official traffic sign or signal or which are of a size, location, movement, content, coloring or manner of illumination which may be confused with, or construed as, a traffic control device, or which may hide from view any traffic or street sign or signal, any SOA constructed or located in a manner that it becomes an immediate hazard or danger to persons or property because of being in an unsafe condition, or which obstructs any view, window, door or fire escape of an adjacent building are not permitted. The SOA will be subject to the nuisance abatement provisions of Chapter 92 from the municipal code. | ||
(o) All SOA and SOA supports shall be maintained in good repair so as to prevent rust, peeling, flaking or fading. Broken panels, missing letters, flaking or peeling paint and other visual damage to a SOA shall be repaired within 30 days of notification by the Building Inspector or his or her designee. | ||
(p) Illumination. Neither the direct nor reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares, nor shall the light sources be oriented such that either direct or reflected light creates a nuisance to adjoining properties. The lighting shall be directed toward and confined to the advertising face. The SOA shall not be illuminated between the hours of 12:00 a.m. to 6:00 a.m. | ||
(q) Plan required. An application to erect a sign shall be accompanied by six sets of site plans prepared and sealed by a structural engineer or architect providing all necessary construction and electrical details of the SOA and SOA structure, including a representation of the proposed SOA, the width and length of the SOA, the height from the surrounding grade and wind load. A site plan shall contain: | ||
(1) The proposed location of the SOA upon the property; | ||
(2) The zoning district classification of the petitioner’s parcel and all abutting parcels; | ||
(3) The distance from the proposed SOA location to any building(s) upon the property and adjoining properties, and adjoining street right-of-way lines and driveway entrances; | ||
(4) The distance from the proposed SOA location to the next nearest SOA on either side of the street in either direction; | ||
(5) The distance of the SOA location to the nearest street intersection in either direction; | ||
(6) The distance from the proposed SOA to the nearest residence or residential zoning district; | ||
(7) The location of any public or private utility, road or drainage easements; | ||
(8) The distance from the proposed SOA to any on-premise freestanding signs; and | ||
(9) The distance from the proposed SOA to any parks, schools, hospitals, cemeteries, public housing, churches, government buildings, local Landmarks, local Historic Districts or National Register Historic Districts. | ||
Self storage facilities | Building height shall be limited to 16 feet above grade. Side yards shall be 50 feet. Side and rear yards shall have sight-proof landscaping and/or fencing to screen the use from adjacent properties. A 50-foot buffer strip planted in grass shall be maintained within the property lines. The land area shall be not less than three acres. All exterior light source shall be indirect, diffused or shielded-type fixtures, installed to reduce glare and the consequent interference with boundary streets and adjacent property. | RU1 when frontage upon a major street per most recent Major Street Plan adopted by the city |
Group home | Twenty-four-hour-a-day supervision is required to be provided by paid or volunteer staff. | R3 |
Halfway houses | There must be 800 feet between a group home or halfway house and any pre-existing day care, preschool, private or public school, college or vocational school. twenty- four-hour-a-day supervision is required to be provided by paid or volunteer staff. | R3 |
Automatic changeable copy signs for public or semi-public buildings, philanthropic, charitable, or religious institutions | (a) Illumination shall be limited to the hours of 7:00 a.m. to 9:00 p.m. | RU1, RE1, RS, R1A, R1B, R1C, R2, R3, NR1, NR2 |
(b) A dark, non-moving background shall be maintained when the board is illuminated. | ||
(c) Message displayed shall be static. A new message is permitted every 60 seconds. | ||
(d) Moving, flashing, twinkling, and scrolling messages are prohibited. | ||
(e) Signs shall be equipped with dimming technology that automatically adjusts the display’s brightness based on ambient light conditions. | ||
(f) Signs shall be set back a minimum distance of ten feet from the street right-of-way. | ||
(g) On corner lots, no sign shall be located within 15 feet of a street intersection as measured from the street right-of-way at the corner. | ||
(h) Not more than one sign per frontage not exceeding 32 square feet in size per face. | ||
(i) Automatic changeable copy signs shall be equipped with a sensor or device that automatically determines the ambient illumination and is programmed to automatically dim according to ambient light conditions, not to exceed 0.3 footcandles above ambient light. | ||
(j) The applicant shall provide written certification from the automatic changeable copy sign manufacturer that the light intensity has been factory preset not to exceed 0.3 footcandles above ambient light and the intensity level is protected from end user manipulation by password-protected software or other method as deemed appropriate by the Director of Planning and Development. | ||
(k) Any person, firm or corporation that violates the automatic changeable copy sign provisions, in addition to other such relief as the law may afford, will be subject to a minimum fine of $500. | ||
Nightclubs and cabarets | (a) Off street parking shall be approved based on one space per 2.3 person maximum occupancy. | M1, M2 |
(b) Management of the nightclub shall ensure the nightclub property and all areas within 200 feet of the nightclub are free of any waste or litter generated by the nightclub, by 6:00 a.m. following each night of operation. | ||
(C) Standards. No special use shall be recommended by the Plan Commission unless the Commission shall find:
(1) The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare;
(2) The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor significantly diminish and impair property values within the neighborhood;
(3) The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;
(4) Adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided;
(5) Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;
(6) The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as the regulations may in each instance be modified by the City Council pursuant to the recommendations of the Plan Commission; and
(7) The special use shall in all respects also conform to the applicable regulations of the district in which if located it would be a permitted use, except as to the regulations may in each instance be modified by the City Council pursuant to the recommendations of the Plan Commission.
(D) Conditions and guarantees. Prior to granting any special use, the Plan Commission may recommend, and the City Council shall stipulate, the conditions and restrictions upon the establishment, location construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements as specified herein, or as may be from time to time required. In all cases in which special uses are granted, the City Council shall require evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. All conditions, guarantees and the applicable specific conditions set forth in division (B) above, must be fully complied with prior to the use being commenced. If the conditions, guarantees or specific conditions are not complied with, the use shall be immediately terminated. The City Council may also revoke any special permit for a failure to comply.
(E) Limitation of special permit. It is the responsibility of all applicants for special permits to submit complete and thorough plans relative to any specially permitted use. This is particularly important relative to the exterior of any building. Any use, activity or items not clearly incidental to or implied from the specially permitted use shall not be allowed. What is clearly incidental to or implied shall be strictly construed. Use, activity or items shall include, but not be limited to, lighting, signs and parking arrangements.
(F) Procedures.
(1) Application. The form of application for a special permit shall be prescribed by the Secretary of the Plan Commission, but shall include requirements as may be imposed by the Plan Commission or the City Council, if any. All applications for special permits shall be filed with the Secretary of the Plan Commission. The application shall be accompanied by four paper copies and one electronic copy of a detailed plot plan of the lot and proposed use, drawn to an accurate scale by a person competent therein, showing all pertinent information. It is the responsibility of all applicants for special permits to submit complete and thorough plans relative to any specially permitted use. This is particularly important relative to the exterior of any building or structure. Any use, activity or items not clearly incidental to or implied from the specially permitted use shall not be allowed. What is clearly incidental to or implied shall be strictly construed. Use, activity or items shall include, but shall not be limited to, landscaping, lighting and parking arrangements. The Secretary of the Plan Commission may also require submission of a proposed form of special permit.
(2) Review by Plan Commission. The Plan Commission shall conduct a public hearing on the application to be held within 60 days from the date of the receipt of the application by the Secretary of the Plan Commission. After the hearing on the application, the Plan Commission shall file a report with the City Council. The Plan Commission shall have 60 days following the filing of the application to hold a hearing and submit its report. If a report is not filed with the City Council within 60 days, it may be assumed by the City Council that the Plan Commission approved the application, providing a hearing has been held. In its review, the Plan Commission shall consider the standards and conditions set forth in this division as well as any other pertinent matters.
(3) Notice of hearing. The Plan Commission shall cause to be published public notice of the hearing on each proposed special permit at least once, not less than 15 days nor more than 30 days before the hearing, in a newspaper published within the city. The notice shall contain the date and location for which the public hearing, the subject property for which the special permit is requested, a brief statement of the use for which the special permit is being requested and shall state that every person in attendance at the hearing shall have an opportunity to be heard, that every interested party (as defined under § 162.001) shall have the right to cross-examine others at the hearing, provided that the interested party enters his or her appearance with the Department of Planning and Development no later than three business days before the date of the public hearing. In addition to providing public notice by publication, the Department shall post a sign at the subject property advising the public of the requested action; the sign shall be posted not less 15 days prior to the public hearing.
(4) Notice to property owners. The applicant shall not less than 15 days before the date of the public hearing, serve written notice, either in person or by registered or certified mail, return receipt requested, on at least one owner of each property within 250 feet in each direction of the lot line of the subject property unless waived by the Plan Commission or City Council. Ownership shall be based solely on the tax records of the county. The number of feet occupied by all public roads, streets, alleys or other public ways shall be excluded in computing the 250 feet requirement; provided further that in no event shall this requirement exceed 400 feet, including public streets, alleys and other public ways. The notice shall contain the same information as is required under division (F)(3) above for the public hearing notice. If, after a bona fide effort to determine the address by the applicant, the owner of the property on which notice is served cannot be found at his, her or its last know address, or the mailed notice is returned because the owner cannot be found at the last known address, the notice requirements of these provisions shall be deemed satisfied. Proof of giving notice hereof by affidavit shall be filed with the Secretary of the Plan Commission. A failure to comply with the provisions of this division shall not affect or invalidate the issuance of a special permit and additionally may be waived by the City Council or Plan Commission.
(5) Issuance. After receiving the recommendations and report of the Plan Commission, the City Council may grant the proposed special permit, with or without change, may eject it, may recommit it to the Plan Commission for further consideration or take other appropriate action. The special permit shall be issued by the Secretary of the Plan Commission if and as a proved by the City Council. The special permit shall be subject to terms and conditions as required by the City Council and otherwise by this chapter. The terms and conditions may exceed those otherwise contemplated herein if deemed necessary for the protection of the public interest and to secure compliance will the standards and requirements specified herein or as may be from time to time required.
(6) Continuation of bearing. After notice of a scheduled hearing has been published, or served on adjoining property owners, as provided herein, the hearing may be continued or withdrawn only upon approval of the Plan Commission. A request by an applicant for continuation or withdrawal may only be granted for good cause. Any request must be made in person to the Plan Commission or in writing setting forth the reasons for the request. Notwithstanding any request, the Plan Commission shall have the discretion to: grant the request; deny the request and hold any required public hearing and make a recommendation to the City Council regarding the subject application; or grant a continuance and defer taking any final action, but proceed with any required public hearing. In addition, and notwithstanding the foregoing, if an applicant (who has otherwise failed to previously request a continuation or withdrawal of an application) fails to appear at the scheduled hearing, the application may be denied by the Plan Commission with or without any required public hearing and the denial reported to the City Council.
(7) Fees. Except in those cases where a special permit is requested by the city, a fee of $300 shall be paid to the city to defray the cost of the administration, publishing, posting notices of the proposed amendment and the cost of maintaining a record of the public hearing. The fee shall be paid to the Department of Planning and Development.
(G) Multiple special permits. In the event two or more uses or activities are conducted on premises requiring special permits, a separate special permit shall be required for each the use or activity.
(H) Change in or additions to use. An amendment to a special permit shall be sought in the event there is proposed any material change in or addition to a specially permitted use or any matters related to the same. An amendment to a special permit shall be sought in the same manner as an original special permit. Without in any way limiting the requirement of obtaining an amendment to a special permit, a material change or addition in a specially permitted use shall be deemed to occur if there is or will be a change in or addition to a use, activity or items not clearly incidental to or implied from the specially permitted use. What is clearly incidental to or implied from shall be strictly construed. Use, activity or items shall include, but not be limited to lighting, signs, parking arrangements, size of any structure, change in access, an increase or amplification of the intensity of the use, and an increase in that portion of a tract occupied by the use.
(I) Permits run with land. All special permits run with the land unless they shall otherwise provide. The right to conduct the specially permitted use is, accordingly, incident to the ownership of the premises to which it pertains. A specially permitted use may be rebuilt if damaged or destroyed. However, in all events, the use shall be subject to the terms and conditions of this subchapter and the special permit.
(J) Effect of denial of special permit. After a public hearing has been held and a special permit denied in whole or part by the City Council, an application for the same special permit or a permit which is substantially or materially the same as the denied permit shall not be resubmitted for a period of one year from the date of the denial, unless allowed by the City Council. In general, resubmission shall be allowed only if there is substantial new evidence or proof of changed conditions found to warrant resubmission.
(1980 Code, § 29.203) (Ord. 9000, passed 12-29-2003; Ord. 9015, passed 6-21-2004; Ord. 9104, passed 4-2-2007; Ord. 9255, passed 3-31-2014; Ord. 9267, passed 9-29-2014; Ord. 9271, passed 12-22-2014; Ord. 9290, passed 5-23-2016; Ord. 9330, passed 3-19-2018; Ord. 9339, passed 7-16-2018; Ord. 9370, passed 2-11-2019; Ord. 9423, passed 8-16-2021) Penalty, see §
162.999