10-4-3: SPECIAL USES:
One or more of the following uses may be permitted as one or multiple special uses in the R-1 and R-2 Districts only when authorized and approved by the City Council after a public hearing and recommendation by the Plan Commission. Such special use or special uses shall be subject to the following requirements and to any and all other requirements or conditions the Plan Commission or City Council believes necessary and directs to further the purpose of the residence districts as stated in Section 10-4-1 of this Chapter: (Ord. 3716, 7-20-2015)
   A.   Special Uses Enumerated:
      1.   Planned residential development under single ownership in which incidental business and recreational facilities for the convenience of the occupants may be furnished; provided, however, that the property shall have a gross area of thirty (30) acres and that permitted business uses shall be limited to those uses allowed in C-1 District, and they shall occupy not more than ten percent (10%) of the gross land area of the development. Such planned developments may vary the dwelling type requirements, yard, height or area per dwelling requirements; providing, however, that the total number of dwelling units to be accommodated is not greater than would otherwise be allowed under normal development.
      2.   Individual mobile homes 1 for emergency use only following a fire, tornado or other disaster; providing that:
         a.   Such mobile home shall be connected to sanitary sewer and public water;
         b.   Such mobile home shall be for temporary use only lasting no longer than two (2) years;
         c.   Such mobile home shall meet the single-family dwelling requirements for lot area and yards for the particular residence district in which it is located; and
         d.   That such mobile home will not in its proposed location impair public health, safety, comfort, morals or welfare of the community.
      3.   Trailer parks 2 with permanent accommodations for mobile homes; providing that:
         a.   Such trailer park will have permanent accommodations for a minimum of five (5) trailers;
         b.   Trailer accommodations will include, for each trailer, individual underground sewer and water connections, concrete trailer platform, forty foot (40') wide pavement with vehicle access to all trailers;
      3A.   The retail sales of mobile homes on site in a trailer park by the owner of a trailer park that has been granted a special use for a trailer park under subparagraph A.3 of Section 10-4-3 of this Chapter.
         c.   The plan of development will provide a minimum of one thousand two hundred fifty (1,250) square feet per trailer space; and
         d.   The trailer spaces will not be located any closer to the bounding property lines of the park than the appropriate yard requirements for the district would allow. A certificate of occupancy shall be required for each individual trailer to be located in the park prior to occupancy as provided in section 10-9-3 of this title. (Ord. 1793, 2-7-1977)
      4.   Professional business offices, medical or dental offices or clinics, law, insurance, or real estate offices, financial institutions, finance or utility companies. (Ord. 2888, 12-21-1998)
      5.   Daycare center, nursery school or preschool centers which are licensed by the state of Illinois, department of children and family services. (Ord. 1793, 2-7-1977)
      6.   Apartments, condominiums, residential conversion condominiums, residential add-on condominiums (all in R-2 zoned areas only).
         a.   Requirements: All condominiums, including those listed above, shall be governed by the condominium property act 3 , including the definitions therein as found in 765 Illinois Compiled Statutes 605/1. If multiple condominium buildings are to be presented, then this project will first fall under the subdivision ordinance 4 .
         b.   Plat Review: To provide for a successful review of a condominium or an apartment complex, the petitioner should submit a plat, and approval will constitute a successful review of the plat by the plan commission and approval then by the governing body, the city council. Such plat should contain:
            (1)   A location map. The location map should outline the area to be subdivided.
            (2)   Existing streets and city utilities on the joining property.
            (3)   The north point on the map.
            (4)   Name and address of the owner, name of the proposed complex (apartment or condominium), boundary line bearings and distances and acreages, names of persons who prepared the plat, the owner's attorney, representative agent, graphic scale and date, contours at two foot (2') intervals.
            (5)   Location of existing lot lines, public streets, public utilities, water mains, sewers, drainpipes, culverts, watercourses, bridges, railroads, buildings within the boundaries of the proposed complex.
            (6)   Locations and widths, other dimensions and names of proposed means of ingress and egress, alleys, utilities and other easements, common places and other open spaces or reserved areas.
            (7)   Grades of proposed streets and alleys.
            (8)   Cross sections of proposed streets extending from the street line to street line or right of way line to right of way line showing the roadway locations, type of curb and gutter, paving and sidewalks to be installed.
            (9)   The layout of proposed water mains, sanitary sewers, storm sewers.
            (10)   Drainage of the land including proposed storm sewers, ditches, culverts, bridges.
         c.   Conversion Condominium Plat: A successful condominium will contain a comprehensive building report which includes age, material and condition, where applicable, of the following:
            (1)   Type and age of construction.
            (2)   Walls (interior and exterior).
            (3)   Plumbing.
            (4)   Electrical.
            (5)   Roof.
            (6)   Walks.
            (7)   Garaging.
            (8)   Insulation.
            (9)   Life safety systems.
            (10)   Trash disposal.
            (11)   Tiling.
            (12)   Fixtures and appliances.
            (13)   Drainage.
            (14)   Landscaping.
            (15)   Swimming pools, saunas, fountains, recreational facilities.
            (16)   Driveways.
            (17)   Wall and fences.
            (18)   Stone or brick work.
            (19)   Heating.
            (20)   Air conditioning.
            (21)   Fireplaces.
            (22)   Floors.
            (23)   Laundry facilities.
            (24)   Exterior lighting.
            (25)   Deferred maintenance.
            (26)   Number and composition of existing tenants.
            (27)   Length of existing leases and average rents.
            (28)   Average length of tenancy for existing tenants.
            (29)   Estimated schedule for conversion.
            (30)   Estimated price range of converted units.
            (31)   List of improvements contemplated.
            (32)   Copy of proposed CC&Rs.
            (33)   Estimate of available similar housing in the area.
         d.   Lot Width:
 
Condominium
Units
Minimum
Lot Width
1,700 square feet
50 feet
Room Or Lodging House
1,500 square feet
50 feet
 
(Ord. 2150, 10-8-1984)
      7.   Churches, schools, libraries, museums and art galleries, parks, playgrounds, community centers, cemeteries, public services, utility buildings. (Ord. 1940, 11-19-1979)
      8.   A hard surfaced parking lot or lots for commercial purposes if such parking lot or lots are to be located immediately adjacent to and abutting a C-1 or C-2 district.
For purpose hereof, such parking lot or lots shall not be deemed "immediately adjacent to and abutting" if a street or alley lies between such parking lot or lots and such C-1 or C-2 district.
Furthermore, such special use shall be limited solely to the existing owners of the property where such parking lot or lots is or are located at the time of granting such special use. Such special use shall terminate, without further action, immediately upon the leasing of such property to nonowners or immediately upon transfer of ownership of such property by any one or all of such existing owners. (Ord. 2711, 7-17-1995)
      9.   The adaptive reuse of nonresidential buildings previously constructed and used for nonresidential purposes and located in an R-1 or R-2 district on a single lot or on multiple lots immediately adjacent to each other to be used for one or more of the following special uses: restaurants, clubs, reception halls, banquet halls, or for any other small retail and/or service businesses provided each such authorized and special use is located in and operated within a nonresidential building or buildings previously constructed and used for nonresidential purposes; provided, however, the property boundary of any such lot or lots is/are located immediately adjacent to either a C-1 or C-2 district or is located immediately adjacent to another such business establishment in an R-1 or R-2 district that has been granted a special use under this subsection A9; and provided, further, that no city liquor license shall be issued or renewed for any applicant or entitled to be held by any city liquor license holder concerning any such restaurant, club, reception hall, or banquet hall business until and unless the applicant for such liquor license, the liquor license holder, and such business each qualifies at all times for the issuance, maintenance, or renewal of a city liquor license and such business is conducted in accordance with all requirements and conditions of the city council, the plan commission, this code, and with Illinois law.
All business or advertising signs or signage for each authorized and approved special use shall conform to the following requirements: a) the illumination of all signs or signage shall be diffused or indirect and shall be arranged so as not to reflect direct rays of light or illumination into any adjacent residential property located in an R-1 or R-2 district or into the public way; and b) any sign or signage located in the direct line of any traffic control signal shall not have flashing, intermittent red, green or amber illumination. (Ord. 3716, 7-20-2015)
   B.   Change Of Special Use: No special use shall be changed except by authorization of the city council after a public hearing and recommendation by the plan commission.
   C.   Termination Of Special Use: Special uses as described herein shall terminate if not used for a period of twelve (12) months. (Ord. 1793, 2-7-1977; amd. Ord. 3910, 9-3-2019)

 

Notes

1
1. See also Title 9, Chapter 9 of this Code.
2
2. See also Title 9, Chapter 9 of this Code.
3
1. 765 ILCS 605/1.
4
2. See title 11 of this code.