(A)   The special exceptions listed in the following table, and their accessory buildings and uses may be permitted by the Planning Commission and Corporate Authorities in the districts indicated therein, in accordance with the procedure set forth in this section and the requirements listed herein.

   (B)   Upon receipt of an application for a permit for a special use exception by the Code Enforcement Officer, it shall be referred to the Planning Commission for investigation as to the manner in which the proposed location and character of the special use exception will affect the applicable Comprehensive Land Use Plan and how the standards herein adopted are applied. The Planning Commission shall report the results of its study to the Corporate Authorities within sixty (60) days following receipt of the application. If no such report has been filed as aforesaid within this time period, the Corporate Authorities are permitted to proceed to process the application.

      A fee of thirty five dollars ($35.00) shall be paid to the City Clerk at the time the application is filed, and an additional fee of fifteen dollars ($15.00) shall be paid to the Clerk prior to the time publication of "Notice of Public Hearing" is ordered by the Corporate Authorities. All fees received hereunder by the Clerk shall be paid over to the City to the credit of the General Fund.

      Within sixty (60) days of the receipt of an application for a permit for a special use exception, or upon receipt of the report of the Planning Commission, the Corporate Authorities shall cause a public hearing to be held before the Planning Commission in relation thereto after fifteen (15) days' notice thereof has been given in a newspaper of general circulation within the City.

      The hearing shall be held at a regular meeting of the Planning Commission and the notice thereof shall contain the particular location for which the special use exception is requested as well as a brief statement of what the proposed special use consists.

      Within ten (10) days following the hearing, the Planning Commission shall file a report of the hearing and its recommendations relative to the application with the Corporate Authorities.

SPECIAL USE EXCEPTIONS AND REQUIREMENTS

 

   NOTE: Use of # symbol in the following indicates that the requirements of the district apply to the district where located.

 

 

On receipt of the Planning Commission's report and recommendations or after the lapse of sixty (60) days from the date of application, the Corporate Authorities shall conduct a hearing at their next regular meeting, and upon an affirmative finding of the Planning Commission's recommendations and that:

      1.   The proposed special use exception is to be located in a district wherein such use may be permitted, and

      2.   The requirements set forth in subsection (A) of this section for such special use exception will be met, and

      3.   The special use exception is consistent with the spirit, purpose and intent of the applicable land use plan, will not substantially and permanently injure the appropriate use of neighboring property and will serve the public convenience and welfare,

the City may order the Code Enforcement Officer to issue a zoning certificate for the special use exception.

   (C)   An existing lawful use which is listed herein as a special use exception, and which is located in a district in which such special use exception may be permitted, shall be considered a conforming use, and shall not be required to apply for a permit as a special use exception.

   (D)   Any expansion of such special use exception involving the enlargement of the buildings, structures and land area devoted to such use shall be subject to the procedure described in this section.

   (E)   If the nature of the special use exception involves more than one of those listed in subsection (A) of this section, the applicant may apply for a permit for the special use exception which is most closely related to the primary use; provided that the requirements of all related uses are met. (Ord. 69-23, 4-6-1970)

The district regulations hereinafter set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this title:

   (A)   Additional Height Regulations:

      1.   Single-family dwellings and two-family dwellings may be increased in height by not more than ten feet (10') when the side and rear yards are increased over the yard requirements of the district in which they are located by not less than ten feet (10') each, but they shall not exceed three (3) stories in height.

      2.   Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, radio towers or necessary mechanical appurtenances, may be erected to a height in accordance with existing or future ordinances of the Governing Body.

   (B)   Additional Area Regulations:

      1.   No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes unless the main building on the lot is also being used for dwelling purposes.

      2.   More than one industrial, commercial, multiple dwelling or institutional building may be erected upon a single lot or tract, but the yards and open spaces required around the boundaries of the lot or tract shall not be encroached upon by any such buildings, nor shall there be any change in the intensity of use requirements.

When more than one multiple dwelling building is erected upon a single lot or tract, the minimum distances between main buildings shall be the following:

         (a)   Front to front, seventy feet (70'); front to rear, sixty feet (60').

         (b)   Side to side, one-half (1/2) the height of the taller building but not less than twenty feet (20').

         (c)   Front to side or rear to side, the height of the taller building but not less than thirty feet (30').

         (d)   Rear to rear, fifty feet (50').

      3.   Where an open space is more than fifty percent (50%) surrounded by buildings, the minimum width of the open space shall be thirty feet (30') for one-story buildings, forty feet (40') for two-story buildings and fifty feet (50') for three- story buildings.

      4.   All distance requirements and buffer area or screening requirements established for the protection of R districts shall be applicable to any trailer (mobile home) court existing or hereafter established.

   (C)   Additional Yard Regulations:

      1.   In computing the depth of a rear yard, where such yard opens onto an alley, one-half (1/2) of the alley width may be included as a portion of the rear yard.

      2.   No accessory buildings which are not a part of the main building may be built in any yard but a rear yard and shall be at least five feet (5') from the rear lot line. An accessory building which is not a part of the main building shall not occupy more than thirty percent (30%) of the required rear yard.

      3.   Every part of a required yard shall be open to the sky, unobstructed, except for accessory buildings in a rear yard, and except for the ordinary projections of skylights, sills, belt courses, cornices and ornamental features projecting not to exceed twelve inches (12"). This requirement shall not prevent the construction of fences not exceeding eight feet (8') in height, except on that portion of lots within thirty feet (30') of the intersection of two (2) or more streets.

      4.   Open, or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers projecting into a yard not more than five feet (5') and the ordinary projections of chimneys and flues may be permitted by the Code Enforcement Officer.

      5.   For the purposes of side yard requirements, a two-family dwelling shall be considered as one building occupying a single lot.

      6.   An open unenclosed porch not more than one story in height or paved terrace may project into the required front yard for a distance not exceeding ten feet (10'). An enclosed vestibule containing not more than forty (40) square feet may project into the required front yard for a distance not to exceed four feet (4').

      7.   Terraces, uncovered porches, platforms and ornamental features which do not extend more than three feet (3') above the floor level of the first (ground) story may project into a required yard, provided these projections be distant at least two feet (2') from the adjacent side lot line.

      8.   When forty percent (40%) of a frontage is developed with two (2) or more buildings, then the depth of the front yards heretofore established shall be adjusted in the following manner:

         (a)   When the building furthest from the street provides a front yard no more than ten feet (10') deeper than the building closest to the street, then the average depth of the front yard for such frontage shall be the minimum depth of front yard for new buildings in such block.

         (b)   When the foregoing subsection is not the case and the lot is within one hundred feet (100') of an existing building on each side, excluding, however, buildings on corner lots which front upon the intersecting street, then the depth of the front yard is determined by a line drawn from the closest front corners of these two (2) adjacent buildings.

         (c)   When neither subsection (C)8(a) nor (C)8(b) of this section is the case and the lot is within one hundred feet (100') of an existing building on one side only, excluding, however, buildings on corner lots which front upon the intersecting street, then the depth of the front yard is the same as that of the existing adjacent building.

      9.   In all districts a triangular space must be maintained at the street corner of a corner lot, free from any kind of obstruction to vision between the heights of three feet (3') and twelve feet (12') above the established street grade. The street grade is measured at the intersection of the center lines of the intersecting street pavements, and the triangular space is determined by a diagonal line connecting two (2) points measured fifteen feet (15') equidistant from the intersection of the property lines or the property lines extended on the corner of the lot using each of the street right-of-way lines.

      10.   In single-family dwelling districts, when eighty percent (80%) of the frontage of a block on both sides of the street between two (2) intersecting streets or between an intersecting street and a cul-de-sac has been developed with main buildings and accessory buildings with side yards less than that required by the dwelling district in which said property is situated, then the side yard requirements for any main building or accessory buildings in said block shall be the average side yard of all parcels of property in said block rather than the side yard set forth in the dwelling district in which said parcel of property is situated. In determining the existing side yard of any developed parcel, in order to compute the average herein required, the side yard of the main building on any developed parcel shall be used except that when an accessory building exists with a smaller side yard than the main building has, the side yard shall be taken as being the average between the side yard of the main building and the side yard of the accessory building. (Ord. 69-23, 4-6-1970)

   (A)   General Provisions:

      1.   Procedure: An application for a building permit for a new or enlarged building, structure, or use shall include therewith a plot plan, drawn to scale, and fully dimensioned showing any off- street parking or loading facilities to be provided in compliance with the requirements of this title.

      2.   Extent Of Control: The off-street parking and loading requirements herein shall apply as follows:

         (a)   All buildings and structures erected and all land uses shall provide accessory off-street parking or loading facilities as required hereinafter for the use thereof.

         (b)   When a building or structure erected or enlarged prior to or after the effective date hereof shall undergo a decrease in number of dwelling units, gross floor area, seating capacity, number of employees, or other unit of measurement specified hereinafter for required off-street parking or loading facilities, and further, when said decrease would result in a requirement for fewer total off-street parking or loading spaces through application of the provisions of these regulations, off- street parking and loading facilities may be reduced accordingly, provided that existing off-street parking or loading facilities are so decreased only when the facilities remaining would at least equal or exceed the off-street parking or loading requirements resulting from application of the provisions of these regulations to the entire building or structure as modified.

         (c)   When a building or structure undergoes any increase in number of dwelling units, gross floor area, seating capacity, or other unit of measurement specified hereinafter for required off-street parking or loading facilities, and further when the increase will result in a requirement for additional total off-street parking or loading spaces through application of the provisions of this title, parking and loading facilities shall be increased so that the facilities will at least equal or exceed the off-street parking or loading requirements resulting from application of the provisions of this title to the entire building or structure as modified.

      3.   Existing Off-Street Parking And Loading Spaces: Accessory off- street parking and loading spaces in existence on the effective date hereof may not be reduced in number unless already exceeding the requirements of this section for equivalent new construction; in which event, said spaces shall not be reduced below the number required herein for such equivalent new construction.

      4.   Schedule Of Requirements:

         (a)   Tables For Required Off-Street Parking And Loading: Requirements governing the number and location of off-street parking and off-street loading facilities in relation to the use of property are hereinafter established. The off-street parking and loading requirements for any use not specified herein shall be the same as for similar specified use, as determined below.

         (b)   Floor Area: The term "floor area" as employed in this section in the case of office, merchandising, or service types of use shall mean the gross floor area of a building or structure used or intended to be used for service to the public as customers, patrons, clients, patients or tenants, including areas occupied by fixtures and equipment used for display or sale of merchandise.

         "Floor area" for the purpose of this section, shall not include any area used for:

            (1)   Storage accessory to the principal use of a building.

            (2)   Incidental repairs.

            (3)   Stairways and elevators.

            (4)   Show windows.

            (5)   Restrooms.

            (6)   Utilities.

            (7)   Dressing, fitting or alteration rooms.

   (B)   Additional Regulations; Parking:

      1.   Use Of Off-Street Parking Facilities: Off-street parking facilities accessory to residential use and developed in any residential district in accordance with the requirements of this section shall be used solely for the parking of passenger automobiles or commercial vehicles of not more than five (5) ton GVW owned by occupants of the dwelling structures to which such facilities are accessory or by guests of said occupants.

      2.   Joint Parking Facilities: Off-street parking facilities for different buildings, structures or uses, or for mixed uses, may be provided collectively in any zoning district in which separate off-street parking facilities for each constituent use would be permitted, provided that the total number of spaces so located together are not less than the sum of the separate requirements for each use and not more than three hundred feet (300') from the lot on which the main building or use to be served is located.

In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereto assuring their retention for such purposes, shall be properly drawn and executed by the parties concerned, approved as to form and execution by the City Attorney or appointed legal advisor, and shall be filed with the application for a building permit.

      3.   Written Agreement For Joint Parking: Not more than fifty percent (50%) of the parking spaces required for: a) theaters, and places of amusement, and up to one hundred percent (100%) of the parking spaces required for a church or school may be provided and used jointly by b) banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those listed in item a of this subsection; provided, however, that written agreement, assuring the retention for such purpose, shall be properly drawn and executed by the parties concerned, approved as to form and execution by the City Attorney and shall be filed with the application for a building permit.

      4.   Control Of Off-Site Facilities: When required accessory off- street parking facilities are provided elsewhere than on the lot on which the principal use served is located, they shall be in the same possession, either by deed or long-term lease, as the property occupied by such principal use, and the owner shall be bound by covenants filed on record in the Office of the City Clerk, requiring the owner and his heirs and assigns to maintain the required number of off-street parking spaces during the existence of the principal use.

      5.   Permitted Districts For Accessory Parking: Accessory parking facilities provided elsewhere than on the same zoning lot with the principal use served in accordance with the requirements below, may be located in any zoning district except as follows:

(a) No parking facilities accessory to a business or manufacturing use shall be located as a residential district where authorized by the Corporate Authorities as hereinafter prescribed.

      6.   Nonresidential Parking In Residential Districts: Accessory off-street parking facilities serving nonresidential uses of property may be permitted in any R district, when authorized by the Corporate Authorities after review and study by the Planning Commission, subject to the following requirements in addition to all other relevant requirements:

(a) The parking lot shall be accessory to, and for use in connection with, one or more nonresidential establishments located in adjoining districts or in connection with one or more existing professional or institutional office buildings or institutions, if the parking lot proposed is within three hundred feet (300') of the nonresidential use which it is to serve.

(b) The parking lot shall be used solely for the parking of passenger automobiles or commercial vehicles of not more than five (5) tons GVW.

(c) No commercial repair work or service of any kind shall be conducted on the parking lot.

(d) No sign of any kind other than signs designating entrances, exits and conditions of use, shall be maintained on the parking lot, and shall not exceed twenty (20) square feet in area.

(e) The parking lot may be open from seven o'clock (7:00) A.M. to nine o'clock (9:00) P.M. and shall be closed at all other times; provided, however, that when supervised by one or more full-time attendants, the parking lot may be kept open until twelve o'clock (12:00) midnight. Parking lot lights shall be turned off when the lot closes.

(f) Each entrance to and exit from the parking lot shall be at least twenty feet (20') distant from any adjacent property located in any residential district, except where ingress and egress to the parking lot is provided from a public alley or public way separating the residential areas from the proposed parking lot.

(g) In addition to the foregoing requirements, such parking lots shall conform to any further requirements and conditions as may be prescribed by the Corporate Authorities for the protection of properties adjacent to and in the vicinity of the proposed parking lot.

      7.   Design And Maintenance:

(a) Parking Space; Description: A required off-street parking space shall be an area of not less than two hundred (200) square feet nor less than ten feet (10') wide by twenty feet (20') long measured perpendicularly to the sides of the parking space exclusive of access drives or aisles, ramps, columns, or office and work areas, accessible from streets or alleys and to be used for the storage or parking of passenger automobiles or commercial vehicles under one and one-half (11/2) tons' capacity. Aisles between vehicular parking spaces shall be not less than twelve feet (12') in width when serving automobiles parked at a forty five degree (45°) angle in one direction nor less than twenty five feet (25') in width when serving automobiles parked perpendicularly.

(b) Measurement Of Space: When determination of the number of required off-street parking spaces results in a requirement of a fractional space, any fraction up to and including one-half (1/2) shall be disregarded, and fractions over one-half (1/2) shall be interpreted as one parking space.

(c) Access: Parking facilities shall be designed with appropriate means of vehicular access to a street or alley in such a manner as will least interfere with the movement of traffic and so designed as to permit adequate maneuvering area for vehicles to turn around where only one entry or exit is provided in order that no backing of vehicles into the street is required. No driveway or curb cut in any district shall exceed twenty five feet (25') in width.

(d) Signs: No signs shall be displayed in any parking area within any residential district, except such as may be necessary for the orderly use of the parking facilities.

(e) Striping: All parking spaces shall be properly marked by durable paint in stripes a minimum of four inches (4") wide and extending the length of the parking space.

(f) Required Setbacks: No parking space nor portion thereof established on the same zoning lot with a building shall be located within a required front yard. No parking spaces nor portion thereof established on a zoning lot without a building shall be located closer to any street line than the established building line on adjacent properties nor closer than the front yard setback required for the district in which the parking lot is located. Further, any wall, fence or hedge developed around any parking area shall be subject to the front yard setback requirements of this title in the same manner as a building or structure. (Ord. 69-23, 4-6-1970)

(g) Surfacing: All open off-street parking areas, except those accessory to single-family dwellings or parking areas providing space for ten (10) or less vehicles shall be improved with a compacted macadam base, not less than four inches (4") thick, surface with not less than one and one-half inches (11/2") of asphaltic concrete or some other comparable all-weather dustless material. Off-street parking areas providing for parking spaces for ten (10) or less vehicles, except those accessory to single- family dwellings, shall be improved with a compacted crushed rock base of not less than six inches (6") thick. (Ord. 82-18, 2-8-1983)

(h) Lighting: Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away from all adjoining properties. (Ord. 69-23, 4-6-1970)

(i) Stormwater: Adequate stormwater drainage facilities shall be installed in order to insure that stormwater does not flow onto abutting property or abutting sidewalks in such a way or quantity that pedestrians using the sidewalk would be detrimentally affected or inconvenienced. The Codes Enforcement Officer shall approve all such facilities. (Ord. 69-23, 4-6-1970; amd. 2018 Code)

   (C)   Location Of Parking Areas:

      1.   Extent Of Control: Off-street automobile parking facilities shall be located as hereinafter specified; where a distance is specified, such distance shall be walking distance measured from the nearest point of the parking area to the nearest entrance of the building that the parking area is required to serve.

(a) For one- and two-family dwellings, on the same lot with the building they are required to serve.

(b) For three- and four-family dwellings, not over two (2) stories in height, row dwellings, not over one and one-half (11/2) stories in height, on the same lot or parcel of land as the building they are required to serve. For the purpose of this requirement, a group of such uses constructed and maintained under a single ownership or management shall be assumed to be on a single lot or parcel of land.

(c) For apartment houses containing four (4) or more dwelling units on the same lot or parcel of land as the building they are required to service, or on a separate lot or parcel of land not more than three hundred feet (300') from the nearest entrance to the main building being serviced, provided the lot or parcel of land selected for the parking facilities is located in a multiple-family district or a less restricted district.

(d) For clubs, hospitals, sanitariums, orphanages, homes for the aged, convalescent homes and for other similar uses, the off- street parking facilities required shall be on the same lot or parcel of land as the main building or buildings being served, or upon properties contiguous to the zoning lot upon which is located the building or buildings they are intended to serve.

(e) For uses other than those specified above, off-street parking facilities shall be provided on the same lot or parcel of land as the main building being served, or on a separate lot or parcel of land not over one thousand feet (1,000') from any entrance of the main building measured from the nearest point of the parking area, provided the separate lot or parcel of land intended for the parking facilities is located in the same district as the principal permitted use or in a less restricted district. (Ord. 69-23, 4-6-1970)

   (D)   Schedule Of Off-Street Parking Requirements:

 

(Ord. 69-23, 4-6-1970; amd. Ord. 79-8, 10-9-1979)

   (E)   Design And Schedule Of Off-Street Loading And Unloading Space:

      1.   Design:

(a) Loading Berth; Description: An off-street loading berth shall be a hard-surfaced area of land, open or enclosed, other than a street or public way, used principally for the standing, loading or unloading of motor trucks, tractors and trailers so as to avoid undue interference with the public use of streets and alleys.

(b) Location: No permitted or required loading berth shall be closer than fifty feet (50') to any property in a residential district unless completely enclosed by building walls, or a uniformly painted solid fence or wall, or any combination thereof not less than six feet (6') in height. No permitted or required loading berth shall be located within twenty five feet (25') of the nearest point of intersection of any two (2) streets. Loading berths open to the sky may be located in any required yards.

(c) Measurement Of Berth: When determination of the number of required off-street loading berths results in a requirement of a fractional berth, any fraction up to and including one-half (1/2) shall be disregarded, and fractions over one-half (1/2) shall be interpreted as one loading berth.

(d) Surfacing: All open off-street loading berths shall be improved with a compacted gravel base, not less than seven inches (7") thick, surfaced with not less than two inches (2") of asphaltic concrete or some comparable all-weather dustless material.

      2.   Space Requirements: Every building or structure used for business, trade or industry shall provide adequate space for the loading and unloading of vehicles off the street or public alley. Such space shall have access to a public alley or, if there is no alley, to a street. Off-street loading and unloading space shall be in addition to and not considered as meeting a part of the requirements for off-street parking space. Off-street loading and unloading space shall not be used or designed, intended or constructed to be used in a manner to obstruct or interfere with the free use of any street, alley or adjoining property. At least the following off-street loading and unloading space requirements for specific uses shall be provided:

 

 

(Ord. 69-23, 4-6-1970)