The following special uses may be permitted as special uses in the C-1 and C-2 commercial districts only when authorized and approved by the city council after a public hearing and recommendation by the plan commission. Such special uses shall be subject to the following requirements and to any and all other requirements or conditions the city council believes necessary and directs to further the purpose of the C-1 commercial district or the C-2 commercial district, as the case may be, as stated in section 10-5-1 of this chapter: (Ord. 3741, 3-7-2016)
A. C-1 District:
Human crematoriums.
1. If the crematory chamber is not located within the main building structure, it must be enclosed in a building that is similar in architecture and design of the main building.
2. The exhaust stacks must be constructed to resemble normal chimneys with a veneer of brick or some other type of masonry.
3. Designs, elevations, and locations of the proposed building and crematory equipment must be submitted for approval to the Plan Commission.
Indoor firearm ranges a.k.a. indoor firing ranges.
1. For purposes hereof, an "indoor firing range" shall only mean a business located in a completely enclosed building that is specifically designed, constructed, maintained, and operated in accordance with all requirements as specifically set forth in this Section and with any additional requirements as may be directed by the City Council for the sole purpose of providing a training and target practice facility allowing customers or patrons of such business to discharge and fire nonautomatic and/or semiautomatic handguns, pistols, rifles, or firearms and/or to engage in bow and arrow shooting at designated mechanical or stationary nonliving targets for the safe use of firearm instruction, training and target practice, provided however, such firearms shall not use or discharge or fire bullets in excess of .50 caliber and shall not use exploding targets or cannons.
2. The firing of automatic and/or noise suppressor handguns, pistols, rifles or firearms that do not use, discharge, or fire bullets in excess of .50 caliber in such indoor firing range may be permitted by the majority affirmative vote of the City Council from time to time if the owners and operators of such indoor firing range then hold a valid class of Federal firearms license (FFL) that permits the firing of said automatic or semiautomatic weapons that do not use, discharge, or fire bullets in excess of .50 caliber at such indoor firing range, with the understanding the City Council by majority prevailing vote may, in its sole discretion, revoke such permission to firing said automatic or semiautomatic weapons at such indoor firing range from time to time.
3. All firearms and bows and arrows carried into or out of such indoor firing range property, with the intent to sell, trade or discharge such items in such indoor firing range, shall be unloaded and variously securely encased prior to entering or leaving the indoor firing range property, irrespective of whether one holds a concealed carry license. The owners of such indoor firing range shall post appropriate visible signage at all entrances to such indoor firing range building of such concealed carry restriction. Except for the foregoing concealed carry restriction, the owners of such indoor firing range may decide from time to time to otherwise allow or to prohibit the concealed carry of firearms on or within the indoor firing range property as may be then permitted by law; and, if so prohibited, such owners shall post the appropriate signage prohibiting the carrying of concealed firearms on and within such indoor firing range property in accordance with subsections (a-10) and (d) of 430 Illinois Compiled Statutes 66/65 or any amendments thereto.
4. All shooters shall be required to wear eye protection and ear protection (earmuffs or earplugs) at all times when within the defined boundaries of the firing range.
5. The construction plans and specifications for such indoor firing range and training facility building shall be designed and prepared by a competent professional and/or an Illinois licensed engineer and/or an Illinois licensed architect who is proficient and experienced in the design, construction, maintenance, and operation of indoor firing range and training facilities. Prior to the authorization of such special use, such competent professional and/or engineer and/or architect shall certify in writing to the Plan Commission and City Council that such design, plans and specifications:
a. Will provide proper airflow ventilation and filtration and recycling systems that pulls smoke and lead particles and other airborne contaminants away from the shooting lines or lanes and capture and filter them in the building's system before discharging them from the building to reduce potential lead poisoning and to eliminate any exposure to employees or users of such firing range and training facility building and to persons or bystanders outside of such indoor firearms range building to smoke, lead dust or particles or lead poisoning from bullets or cartridge primers or the use of the indoor firing range; and to ensure that the discharge of the air from the inside of the indoor firearms range facility shall not decrease the quality of the outside air within a radius of twenty five feet (25') from the perimeter of the exterior of the indoor firearms range building; and
b. Will require firing range industry standard air locked corridors, special acoustic sheeting to ceilings and interior walls and other soundproofing requirements such that bystanders or persons within ten feet (10') of such indoor firing range building cannot hear the discharge of firearms within such firearms range building; and
c. Will require firing range industry standard reinforced steel baffling barrier devices and ballistics grade rubber panels along the roof, ceiling, and interior side walls and on other areas and backstops to accomplish one hundred percent (100%) containment and safety and to restrict or interrupt errant or off the target shots and to suppress sound waves; and
d. Will require firing range industry standard steel plated target systems and bullet traps; and
e. Will require a procedure and construction design that will ensure the safe containment of and from any and all projectiles that could be delivered and discharged from any and all the types of bows, handguns, pistols, rifles, or firearms that are permitted under such special use; and
f. Repealed.
g. Will require proper drainage and stormwater retention management as may be required by the City Engineer; and
h. Will otherwise conform to all existing City setback, off street parking and loading, site and structure requirements, and screening requirements, and all other applicable zoning requirements for a C-1 District or a C-2 District, as the case may be.
6. All owners, staff, employees, and representatives of the business who are present on the premises, and all customers or patrons or shooters at such indoor firing range must be of the age of eighteen (18) years or older or accompanied by an adult of such age; and must have a current Illinois firearm owner's identification card; or in the case of nonresidents of Illinois must be currently licensed or registered to possess a firearm in their resident state.
7. During all business firing range operation hours, such indoor firing range shall be supervised by at least a minimum of one business staff members and employees on site who are properly qualified and trained as firing range safety officers in the safe use, handling and discharge of firearms.
8. Such indoor firing range shall be well secured and monitored at all times and shall be equipped with the installation of a web based operational remote video surveillance system that can be monitored twenty four (24) hours a day/seven (7) days a week.
9. All training and instructional staff shall have extensive law enforcement and/or military education, training, and experience, or be an approved National Rifle Association (NRA) firearms training instructor for an indoor firing range or otherwise approved by applicable State of Illinois laws, rules or regulations as a person qualified to provide firearm training at an indoor firing range.
10. Such indoor firing range may also include indoor space for the retail sale of firearms and ammunitions and firearm accessories; provided however, such retail sales are limited to bows and arrows or limited to the types of firearms, weapons, and ammunition that are permitted under the foregoing paragraph under this indoor firing ranges use, unless the owner and operator of such indoor firing range holds a valid class of Federal firearms license (FFL) that permits the retail sale of other firearms, weapons, and ammunition at such indoor firing range. Notwithstanding anything herein to the contrary, all such retail sales shall be in full compliance with all Illinois and Federal Statutes, laws, rules and regulations applicable to such retail sales; and the City Council, in its sole discretion, may by majority prevailing vote from time to time limit the nature, kind, and extent of firearms, weapons, and ammunition that may be sold at such indoor firing range.
11. No alcohol or any illegal drugs or contraband shall be allowed, given, sold, possessed, or consumed at any time by any person who is on the premises of such indoor firing range; and no person who is intoxicated or under the influence of alcohol or illegal drugs or contraband shall be allowed to enter or remain on the premises of such indoor firing range.
12. Any and all business or advertisings 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 Residential 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.
13. The shooting and discharge of firearms shall be restricted to the hours and requirements as detailed in the issuance of the special use; provided, however, all such hours and requirements of shooting and discharge operation and activities may be amended by the majority affirmative vote of the City Council, in its sole discretion, from time to time.
14. The owners and operators of such indoor firing range shall provide and maintain and display a written reasonable and adequate safety plan at such indoor firing range and require same to be followed by its staff, employees, customers, and patrons at all times. Such safety plan shall include, but is not limited to, firearm handling rules, general range rules, specific range rules and administrative rules and regulations that identifies the firearms and caliber restrictions as specified herein.
15. Such indoor firing range shall be conducted in accordance with all requirements and conditions of the City Council, the Plan Commission, this Code, and with Illinois and Federal law.
16. Prior to commencement of operations, the owners and operators of such indoor firing range shall have its design, safety procedures, and its firing range maintenance and operation plan evaluated and approved by a competent professional who is proficient and experienced in the design, safety procedures and indoor firing range and training facilities maintenance and operation plans and/or by an NRA range technical team advisor (RTA); and a certified copy of such firing range maintenance and operation plan and log shall be submitted in writing to the City's Zoning Enforcement Officer.
17. Upon completion of the construction of the indoor firing range, the aforesaid competent professional and/or engineer and/or architect shall certify in writing to the City Council that such completed construction was done in full compliance with all the aforesaid competent professional's and/or engineer's and/or architect's aforesaid design, plans, and specifications; and no certificate of occupancy under Section 10-9-3 of this Title (or any amendments thereto) and no operating permit shall be issued by the City's Zoning Enforcement Officer until such written certification is received by the City Council. If such written certification is not received by the City Council upon demand of the City's Zoning Enforcement Officer, then the aforesaid special use may be terminated by majority affirmative vote of the City Council exercised in its sole discretion without notice to the owner(s) of such special use.
18. The owners and operators of such indoor firing range shall not operate, maintain or use such indoor firing range until and unless the requisite fee for said operating permit is paid by such owners or operators and said operating permit is issued by the City. Such operating permit shall be for a twelve (12) month period, subject to earlier termination by the City's Zoning Enforcement Officer should he determine that such indoor firing range is being maintained or operated or used in violation of any of the aforesaid requirements for such special use. The annual fee for such operating permit shall be two hundred dollars ($200.00), subject to change from time to time by the City Council, in its sole discretion, by majority prevailing vote.
19. The owners and operators of such indoor firing range shall annually submit to the City's Zoning Enforcement Officer, and more frequently as may be requested from time to time by the City's Zoning Enforcement Officer or by any appropriate official inspector in the State of Illinois a certified copy of all records and documents that evidence that such indoor firearms range facility is being operated and maintained in full compliance with all the terms, provisions, restrictions and conditions of such special use including, but not limited to, as they relate to the safety of such indoor firearms range, the maintenance of all firearms range equipment and machinery, and the applicable noise control and air quality inside and outside of the indoor firearms range facility. Said submission of full compliance shall be prepared and certified in writing by a competent professional and Illinois licensed engineer and/or Illinois licensed architect who is proficient and experienced in the design, construction, maintenance, and operation of indoor firing range and training facilities. If said written full compliance certification with said supporting documentation is not received by the City's Zoning Enforcement Officer, then the aforesaid special use may be terminated by majority affirmative vote of the City Council exercised in its sole discretion without notice to the owner(s) of such special use.
20. The City's Zoning Enforcement Officer and/or his delegate(s) or any member(s) of the City's Police Department shall have the right from time to time to enter and inspect such indoor firing range to determine whether such indoor firing range has been designed and constructed and is being maintained, operated, and used in accordance with and in full compliance with all of the aforesaid requirements for such indoor firing range.
Indoor recycling centers.
1. For purposes hereof, an "indoor recycling center" shall only mean a business located in a completely enclosed building that is specifically designed, constructed, maintained, and operated in accordance with all requirements as specifically set forth in this Section and with any additional requirements as may be directed by the City Council for the sole purpose of providing an indoor recycling building opened to the general public for personal deposit of recyclable materials and waste and operated solely for receiving, depositing, storing, collecting, processing, and transferring or disposing of source separated recyclable materials or waste off site to another third party location source; and such recyclable materials or waste shall not be permitted to be stored, deposited, or located outside of such indoor recycling building.
2. For purposes hereof, "recyclable materials or waste" shall only mean those hereafter described dry recyclable materials which would otherwise become solid waste and which may be collected, separated or processed and returned to the economic mainstream in the form of raw material or products and shall only include cardboard, paper, and glass or plastic or aluminum bottles, cans, or containers.
3. For purposes hereof, "processing" shall solely mean the preparation of recyclable materials or waste for efficient shipment, or to an end user's specifications, by such means as bailing, compacting, flattening, crushing, mechanical sorting, shredding, or cleaning. "Processing" does not mean melting down.
4. An indoor recyclable center shall be constructed, maintained and operated in accordance with any and all applicable City, Illinois, and Federal Statutes, laws, ordinances, rules, regulations, exposure standards and guidelines and recommendations, including, but not limited to, the Federal Environmental Protection Agency (EPA), Illinois Environmental Protection Agency (IEPA), and ATF.
5. An indoor recyclable center shall otherwise conform to all existing City setback, off street parking and loading, site and structure requirements, and screening requirements, and all other applicable zoning requirements for the zoning district where it is located.
6. If such indoor recycling center ceases its operations as such indoor recycling center for more than seven (7) consecutive calendar days, then the owners of such indoor recycling center shall, within thirty (30) consecutive calendar days thereafter, remove all recyclable materials and waste located within or outside the indoor recycling center building at the indoor recycling center site.
7. Such indoor recycling center shall be conducted in accordance with all requirements and conditions of the City Council, the Plan Commission, this Code, and with Illinois and Federal law.
8. The City's Zoning Enforcement Officer and/or his delegate(s) or any member(s) of the City's Police Department shall have the right from time to time to enter and inspect such indoor recycling center to determine whether such indoor recycling center has been designed and constructed and is being maintained, operated, and used in accordance with and in full compliance with all of the aforesaid requirements for such indoor recycling center.
Pet crematoriums.
1. The crematory chamber must be enclosed inside a building conforming in architecture and design to the neighborhood.
2. The exhaust stacks must be constructed to resemble normal chimneys with a veneer of brick or some other type of masonry.
3. Designs, elevations, and locations of the proposed building and crematory equipment must be submitted for approval to the Plan Commission. (Ord. 3345, 7-16-2007; amd. Ord. 3740, 3-7-2016; Ord. 3741, 3-7-2016; Ord. 3830, 1-16-2018)
B. C-2 District:
Indoor firing ranges.
1. The same aforesaid requirements as stated in subsection A of this Section for an indoor firing range special use in a C-1 District are incorporated herein by reference thereto and are applicable to an indoor firing range special use in a C-2 District.
Indoor recycling centers.
1. The same aforesaid requirements as stated in subsection A of this Section for an indoor recycling center special use in a C-1 District are incorporated herein by reference thereto and are applicable to an indoor recycling center special use in a C-2 District. (Ord. 3740, 3-7-2016; amd. Ord. 3741, 3-7-2016)
C. 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.
D. Termination Of Special Use:
1. A special use as described herein shall terminate if not used for a period of twelve (12) months.
2. A special use as described herein shall be limited solely to the existing sole owner(s) of said property granted such special use under this Section.
3. A special use as described herein shall terminate, without further action, immediately upon the leasing of the special use property to anyone other than the existing owners of the property granted such special use or immediately upon any future transfer of ownership of the property granted such special use to anyone other than to one of the existing owners of the property granted such special use or to their respective heirs or testamentary devisees.
4. A special use as described herein shall, without further action, immediately terminate: a) upon the exercise of any other use of any kind, nature, or extent whatsoever on the property granted such special use under; or b) upon the exercise of any other use not permitted in a C-1 or C-2 Commercial District, as the case may be; or c) upon the majority affirmative vote of the City Council, exercised in its sole discretion, upon any violation of any one or more of the terms, restrictions, provisions, or conditions of a special use as described herein.
5. In addition to, and not in lieu of any other right or remedy of the City, each owner of the property that is subject to such special use shall be assessed a fine or penalty in an amount of not less than two hundred fifty dollars ($250.00) nor more than seven hundred fifty dollars ($750.00) for each violation of any terms, provisions, restrictions or conditions of a special use as described herein. Each day upon which a violation occurs or continues shall be deemed to be a separate offense. A violation hereof may be established by a preponderance of the evidence.
E. C-1 District Or C-2 District: The subdivision of a single lot of commercial property with adjoining and connected buildings in a C-1 District or in a C-2 District may be permitted as a special use provided:
1. There is a common building wall maintenance agreement between the adjoining subdivided landowners that is approved by the City Council; and
2. There are separate water meters to each of the connected buildings to be serviced with City water; and
3. There are sufficient off-street parking and loading spaces for each building in compliance with the off-street parking and loading requirements as set forth in Section 10-5-4; and
4. Such Special Use shall be further subject to such other additional requirements as the Plan Commission and/or the City Council shall determine from time to time, and in addition to all other applicable requirements, conditions, and regulations for special uses as stated in Section 10-5-6 of the Taylorville City Code; provided, however, there shall be no side yard setback requirements for the side of the buildings that are connected to one another after such subdivision. (Ord. 3741, 3-7-2016; amd. Ord. 3929, 12-2-2019)