(A)   Application: Prior to the establishment of a new use, change of use, addition to an existing use, or the erection of any building in a zoning district, subject to the conditions listed below, a site and/or architectural building plan shall be submitted and approved, approved with conditions, or disapproved by the planning commission in accordance with the ordinance requirements of this chapter:

      1.   Site plan reviews are required for all permitted principal uses and structures in all zoning districts (except for the single-family detached dwellings and their accessory uses only when said uses are not within the 100-year floodplain) and all conditional approval uses in all zoning districts.

      2.   When the proposed new construction or remodeling constitutes an addition to an existing building, or use, site plan review procedures may be modified, at the discretion of the building official, to provide for an administrative review by the building official in lieu of a more formal review by the planning commission. The building official may conduct an administrative review provided both of the following are true:

         (a)   No variances to this title are required.

         (b)   The proposed new construction would not increase the total square footage of the building greater than twenty five percent (25%) or one thousand (1,000) square feet, whichever is less.

      3.   For those cases requiring site plan review solely as a result of building reoccupancy, site plan review procedures may be modified, at the discretion of the building official, to provide for an administrative review by the building official in lieu of a more formal review by the planning commission. The building official may conduct an administrative review provided all of the following are true:

         (a)   Such use is conducted within a completely enclosed building.

         (b)   Reoccupancy does not create additional parking demands, beyond twenty five percent (25%) of that which exists.

         (c)   Reoccupancy does not substantially alter the character of the site.

      4.   Every site plan submitted for review shall be in accordance with the requirements of this title. Administrative review procedures are not intended to modify any ordinance, regulation or development standard.

   (B)   Copies Required: Every site and/or architectural building plan submitted to the planning commission shall be in accordance with the requirements of this title. Eight (8) complete copies of all site plans shall be filed with the building official who shall place the request on the next planning commission agenda.

   (C)   Information Required: The following information shall be included on the site plan:

      1.   A scale of not less than one inch equals fifty feet (1" = 50') if the subject property is less than three (3) acres and one inch equals one hundred feet (1" = 100') if three (3) acres or more.

      2.   Date, north point and scale.

      3.   The dimensions of all lot and property lines, showing the relationship of the subject property to abutting properties and buildings within one hundred feet (100').

      4.   Legal description of parcel.

      5.   Existing and proposed topography with contours at two foot (2') intervals (based on USGS datum), extending a minimum of one hundred feet (100') beyond site boundaries.

      6.   An inventory of existing vegetation on the site and an indication of any alterations.

      7.   The location and nature of any streams, drains, swamps, marshes, and/or unstable soils.

      8.   An indication of basic drainage patterns, existing and proposed, and including any structures, retention basins and fencing which are proposed. The applicant shall contact the municipality and municipal engineer to determine the adequacy of utility and storm water proposals, slope and sod erosion requirements to determine if any such requirements will adversely affect the site and/or architectural building plan.

      9.   A schedule of parking needs. Separate drawings may be submitted to indicate usable floor areas, etc., for computation of parking needs.

      10.   A detailed planting plan and schedule of plant materials and sizes.

      11.   Cross section drawings of any walls, berms, etc.

      12.   The location and width of all existing and proposed sidewalks on or bordering the subject site. Where the subject site borders a public right of way, a concrete sidewalk five feet (5') in width shall be provided within the public right of way one foot (1') from the subject's site's property line. If a sidewalk in good condition exists within the public right of way, the building official may waive the above requirement.

      13.   The location of all existing and proposed structures of the subject property and all existing structures within one hundred feet (100') of the subject property. The setbacks to all existing and proposed structures to be retained or constructed on the site shall be indicated; this includes buildings, signs, trash storage areas, walls, fences, berms, parking areas, etc. The height of all proposed structures shall also be indicated.

      14.   The location of all existing and proposed drives and parking areas.

      15.   The location and right of way widths of all abutting streets and alleys.

      16.   The names, addresses, and telephone numbers of the architect, planner, designer, engineer or person responsible for the preparation of the site plan.

      17.   The names, addresses and telephone numbers, of the developers.

      18.   In addition to the above information, the applicant shall submit a supplementary explanation as to the specific type(s) of activities proposed. Such information shall include, but not be limited to:

         (a)   Estimated number of employees, resident shoppers, etc.

         (b)   Hours of operation.

         (c)   Any changes anticipated in terms of dust, odor, smoke, fumes, noise, lights, etc.

         (d)   Modifications to vegetative cover, drainage patterns, earth work, problem areas.

         (e)   Any ancillary improvements that the applicant proposes to remedy or prevent problems created by the development.

         (f)   Estimated costs of proposed landscaping berms, walls, acceleration-deceleration lanes, or bypass lanes or any other required site improvement not covered in the building permit cost estimates, shall be provided.

   (D)   Content Of Site Plan File: The site plan(s), all supplementary data, together with minutes of any meeting and/or hearings related to the proposed site and/or architectural building plan shall become part of the official site plan file.

   (E)   Standards For Approval: In the process of reviewing the site plan, the planning commission shall consider:

      1.   Specific development requirements set forth in the zoning ordinance.

      2.   The location and design of driveways providing vehicular ingress to and egress from the site, in relation to streets giving access to the site, and in relation to pedestrian traffic.

      3.   The traffic circulation features within the site and location of automobile parking areas; and may make such requirements with respect to any matters as will assure:

         (a)   Safety and convenience of both vehicular and pedestrian traffic, both within the site and in relation to access streets.

         (b)   Satisfactory and harmonious relationships between the development on the site and the existing and prospective development of contiguous land and adjacent neighborhoods.

         (c)   Accessibility afforded to emergency vehicles.

      4.   The arrangement of use areas on the site in relation to functional, efficient and compatible arrangements within the site and also to adjacent uses.

      5.   The planning commission may further require landscaping, fences, and walls in pursuance of these objectives, and same shall be provided and maintained as a condition of the establishment and the continued maintenance of any use to which they are appurtenant.

      6.   In those instances wherein the planning commission finds that an excessive number of ingress and/or egress points may occur with relation to major or secondary thoroughfares, thereby diminishing the carrying capacity of the thoroughfare, the planning commission may require marginal access drives. For a narrow frontage, which will require a single outlet, the planning commission may require that money be placed in escrow with the city of Clinton so as to provide for a marginal service drive equal in length to the frontage of the property involved. Occupancy permits shall not be issued until the improvement is physically provided, or monies have been deposited with the clerk.

      7.   The cost estimates, as required in this section, shall be reviewed by the appropriate municipal official (i.e., building official, engineer or planner) for their compliance with current cost estimates. These reviews and recommendations may be forwarded to the planning commission for inclusion in any approved site plan.

      8.   The planning commission may waive site plan information for topography, vegetation, problem soils, landscaping, employment data, environmental considerations, etc., when such concerns are obviously not pertinent to the proposed development.

      9.   The planning commission, or building official as part of administrative review procedures, shall seek the input from local public safety officials as part of the site plan review process, prior to approving, disapproving, or approving with conditions, the site plan.

   (F)   Planning Commission Actions: The planning commission, upon reviewing a site plan, shall take one of the following actions:

      1.   Approval: If the site plan meets all the zoning ordinance and related development requirements and standards, the planning commission shall record such approval, and the chairman shall sign three (3) copies of the site plan filing one in the official site plan file, forwarding one to the building official, and returning one to the applicant.

      2.   Disapproval: If the site plan does not meet zoning ordinance and related development requirements and standards, the planning commission shall record the reasons for denial. The applicant may subsequently refile a corrected site plan under the same procedures followed for the initial submission.

      3.   Conditional Approval: If minor corrections to the site plan are necessary, which can be clearly noted, then the planning commission shall so note such conditions, and the chairman shall sign three (3) site plans as conditionally approved and stating the necessary conditions. One copy shall be retained in the official site plan file, one forwarded to the building official, and one returned to the applicant.

      4.   Table: If the site plan is found to be in violation of the requirements or incomplete with respect to necessary information, the planning commission may table action on the site plan until ordinance compliance is shown or required additional information is provided.

   (G)   Performance Guarantees: To ensure compliance with the zoning ordinance and any condition imposed thereunder, the planning commission may require (excluding single-family) that a cash certified check, irrevocable bank letter of credit, or surety bond acceptable to the city covering the estimated cost of improvements associated with a project for which site plan approval is sought, be deposited with the city to ensure faithful completion of the improvements and also be subject to the following:

      1.   The performance guarantee shall be deposited prior to the issuance of a temporary certificate of occupancy. The city shall establish procedures whereby a rebate of any cash deposits in reasonable proportion to the ratio of work completed on the required improvements will be made as work progresses. Any partial release of funds shall be less than ten percent (10%), which shall be retained by the municipality until all work has been completed and subsequently inspected and approved by the building official. This does not relieve the applicant from satisfying all applicable maintenance warranties and/or guarantees necessary to ensure the proper functioning of said public improvements.

      2.   As used in this section, "improvements" mean those features and actions associated with a project which are considered necessary by the body or official granting zoning approval, to protect natural resources, or the health, safety, and welfare of the residents of the city and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening, landscaping, and surface drainage. "Improvements" do not include the entire project, which is the subject of zoning approval.

   (H)   Period Of Completion: An approved site plan shall remain valid for a period of one year from the date of approval. In the event all improvements are not installed, then any such remaining improvements shall be completed no later than July 1 of the following construction season, except that the planning commission may, at its discretion, upon application by the owner and for cause shown, provide for up to two (2) successive twelve (12) month extensions. (Ord. 867, 11-5-2001)

   (A)   Application:

      1.   The uses identified as special uses are recognized as possessing characteristics of such unique and special nature (relative to location, design, size, public utilities needs, and other similar characteristics) as necessitating individual standards and conditions in order to safeguard the general health, safety and welfare of the community.

      2.   The city council, as provided herein, shall have the authority to approve special use permits, subject to such conditions of design, operation, and appropriate and reasonable safeguards as the city may require for any special use included in the various provisions of this title.

   (B)   Data Required:

      1.   Application for any special use permit as provided under the provisions of this title shall be made to the building official by filing an official special use permit application form; submitting required data, exhibits, and information; and depositing the required fee as established by resolution of the city council, and as may be amended from time to time. No portion of such fee shall be reimbursable to the applicant.

      2.   An application for a special use permit shall contain the following:

         (a)   Applicant's name, address and telephone number.

         (b)   Address and tax description number of the subject parcel.

         (c)   A signed statement that the applicant is the owner of the subject parcel, or is acting as the owner's representative.

         (d)   A certified survey drawing of the subject parcel.

         (e)   A complete site plan containing all of the applicable data outlined in section 12-6-1, "Review And Approval Of Site Plans", of this chapter.

         (f)   Supporting statements, evidence, data, information and exhibits which address those standards and requirements for assessing special use permit applications outlined in subsection (D) of this section.

   (C)   Public Hearing Requirements: Upon receipt of an application for a use requiring conditional approval, the planning commission shall hold a public hearing, one notice of which shall be published not less than fifteen (15) nor more than thirty (30) days prior to the public hearing date in a newspaper of general circulation in the city. The applicant must fulfill all conditions of 65 Illinois Compiled Statutes 5/11-13-1.1 (1998 state bar edition), as may be amended, and all conditions by its reference to 65 Illinois Compiled Statutes 5/11-13-6 and 5/11-13-7 (1998 state bar edition), as may be amended.

   (D)   Standards For Approval:

      1.   The planning commission shall review the particular circumstances and facts applicable to each proposed special use in terms of the following standards and requirements and shall make a determination as to whether the use proposed to be developed on the subject parcel meets the following standards and requirements:

         (a)   Will be harmonious with and in accordance with the general objective of the city's master plan.

         (b)   Will be designed, constructed, operated, maintained, in harmony with existing and intended character of the general vicinity and so that such use will not change the essential character of that area.

         (c)   Will not be hazardous or detrimental to existing or future neighboring uses.

         (d)   Will represent a substantial improvement to property in the immediate vicinity and general benefit to the community as a whole.

         (e)   Will be served adequately by essential public services and facilities, such as highways, streets, drainage structures, police and fire protection and refuse disposal; or persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately for such services.

         (f)   Will not create excessive additional requirements at public cost for public facilities and services, and will not be detrimental to the economic welfare of the community.

         (g)   Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive smoke, fumes, glare, noise, vibration or odors.

         (h)   Will be consistent with the intent and purposes of this title.

      2.   If the facts regarding the special use being reviewed do not establish by a preponderance of the evidence that the standards and requirements set forth in this title will be met by the proposed use, the planning commission shall not recommend special condition approval to the city council.

      3.   Upon holding a public hearing and review of the special use request, the planning commission shall within thirty (30) days forward to the city council its finding and recommendation. The finding shall include a record of those conditions which are recommended to be imposed. The city council, upon receipt of the finding and recommendation, may deny, approve, or approve with conditions, any request for a special use approval. Any decision on such a request shall state the findings of fact and specify the conclusions drawn therefrom and any conditions imposed thereon. Any conditions imposed shall remain unchanged except upon the mutual consent of a majority of the city council and the landowner, and the city council shall maintain a record of all conditions that are changed. All records of proceedings hereunder shall be kept and made available to the public.

      4.   The special use review and site plan review may occur concurrently at the discretion of the planning commission. (Ord. 867, 11-5-2001)