26-1.

A.

The city council by an affirmative two-thirds (⅔) vote may by ordinance grant a special permit for the following special uses in any district, except as herein qualified, for which they are otherwise prohibited by this ordinance and may impose appropriate conditions and safeguards, including a specified period of time for the permit, to protect the comprehensive plan and to conserve and protect property and property values in the neighborhood:

(1)

Airport, landing field or landing strip for aircraft.

(2)

Amusement park but not within three hundred (300) feet of any R district.

(3)

Cemetery or mausoleum.

(4)

Circus or carnival grounds, but not within three hundred (300) feet of any R district.

(5)

Commercial recreational, amusement, or campground development in a B-2, General Commercial District.

Before permitting a Commercial Recreational, Amusement or Campground Development, the City Council shall satisfy itself that the Commercial Recreational, Amusement, or Campground Development will not be injurious to the use of other property in the immediate vicinity, that property values will not be substantially impaired, and that the Commercial Recreational, Amusement, or Campground Development will not impede the normal and orderly development of surrounding properties. Furthermore, before permitting a Commercial Recreational, Amusement, or Campground Development, the following requirements will be met:

(a)

A site plan shall be submitted with all applicable requirements of Article 27 of Appendix B of the Municipal Code of Effingham, Illinois, as part of the petition for a special use permit under this Section;

(b)

On any day when transient guests will spend the night on the property, an on-site manager or employee shall be required to spend the night on the property;

(c)

Public restrooms and showers must be provided onsite, which shall comply with all applicable requirements of the City of Effingham, Illinois, Building Code, Fire Code, Life Safety Code, Plumbing Code, and Electrical Code, as well as comply with applicable ADA Standards for Accessible Design;

(d)

A storm shelter must be provided on-site and constructed to the current building codes of the City of Effingham;

(e)

Any events, if either live music or entertainment by a disc jockey is being offered by the business or displayed by transient guests, shall end by 10:00 p.m.;

(f)

A Commercial Recreational, Amusement or Campground Development must be located a minimum of one hundred (100) feet from any residential district;

(g)

All open burning and fires shall be regulated by the International Fire Code (IFC) - 2015 edition, section 307 and Sections 10-2 and 10-2.1 of the Municipal Code of Effingham;

(h)

A permit from the Illinois Department of Public Health under the Campground Licensing and Recreational Area Act is required and must be submitted to the Building Official before a building permit is issued; and,

(i)

An automatic revocation of this Special Use Permit will occur if the Illinois Department of Public Health Permit issued under the Campground Licensing and Recreational Area Act is revoked.

(6)

Drive-in theater in the B-2 or B-5 Districts.

(7)

Hospital or institution; provided that any hospital or institution building permitted in any R district, except the R-3D District, shall be located on a site of not less than five (5) acres, shall not occupy more than twenty (20) percent of the total lot area and shall be set back at least one hundred (100) feet from all lot lines.

(8)

Privately operated community building or recreation field.

(9)

Any public or government building or privately owned emergency service operation.

(10)

Radio or television broadcasting station, tower and/or Antenna, or an Earth Terminal Antenna or Earth Terminal used for commercial purposes in the NU, B-2, M-1 or M-2 Districts.

Before permitting a radio or television broadcasting station, tower and/or Antenna or an Earth Terminal Antenna or Earth Terminal used for commercial purposes larger than two meters in diameter in the NU, B-2, M-1 or M-2 Districts, the following requirements shall be met, notwithstanding anything contained herein, wireless telecommunications facilities shall comply with Appendix D of Appendix B of the Municipal Code of Effingham, Illinois:

(a)

A conceptual plan drawn to scale showing all existing and proposed structures, exposed equipment and access routes;

(b)

No public office, repair or storage areas or facilities are allowed;

(c)

Any building or structure shall be designed and constructed to conform to the general aesthetic character of the area in which it is located;

(d)

The facility area shall provide appropriate aesthetic screening and buffering with a Type C Buffer with the requirement for trees omitted. A security fence on the perimeter of the property is encouraged and shall conform to the City fence regulations;

(e)

Any building or structure or exposed equipment (equipment not in an enclosed building or similar structure) shall meet the required setbacks for the zoning district in which the facility is located except a minimum setback of 10 feet is required on all property lines. For any tower or Antenna over 50 feet in height, the tower or Antenna must be setback from the property lines a distance equal to the height of the tower;

(f)

Any building or structure or exposed equipment (equipment not in an enclosed building or similar structure including an Earth Terminal Antenna or Earth Terminal) shall not exceed the maximum heights in Article 21 and 22 of Appendix B of the Municipal Code of Effingham, Illinois;

(g)

Provide documentation of compliance with applicable State and Federal rules, regulations, permits, licenses including but not limited to Illinois Commerce Commission, Federal Communications Commission (FCC), Federal Aviation Administration (FAA) and Antenna Structure Registration (ASR) with the FCC;

(h)

If required by the City Engineer, a drainage study signed by an Illinois Professional Engineer.

(11)

Manufactured Home Park (Trailer Park or Mobile Home Park) on a minimum of ten (10) acres. Before permitting a Manufactured Home Park, the city council shall approve a special use permit and site plan as required in Article 27. The council shall satisfy itself that the Manufactured Home Park will not be injurious to the use of other property in the immediate vicinity, that property values will not be substantially impaired, that the Manufactured Home Park will not impede the normal and orderly development of surrounding properties and that the following requirements will be met:

(a)

All appropriate state and county sanitation regulations shall be strictly observed.

(b)

A minimum of four thousand (4,000) square feet of lot area per Manufactured Home shall be provided; no Manufactured Home shall be parked or set closer to a public street or highway than the required front yard setback or closer than twenty-five (25) feet to any property line or private roadway; and a clearance of not less than twenty (20) feet shall be maintained between Manufactured Homes on all sides. Consideration of Accessory Buildings and structures to a Manufactured Home shall be considered in determining the lot area provided.

(c)

Manufactured Home spaces shall abut upon a hard surfaced driveway access way of not less than twenty-five (25) feet in width.

(d)

Service buildings or other facilities for bathing, laundry and sanitation as required by the state and local health regulations are not permitted adjacent to a public street or highway and shall be located at least twenty (20) feet from the side and rear lot lines and shall be accessible to all Manufactured Homes by means of the access drives or hard-surfaced walks.

(e)

Wherever practicable, space shall be reserved for recreation and playground areas.

(f)

Accessory Buildings (garage, shed, carport) and structures (such as decks, porches, patios) in a Manufactured Home Park shall be in accordance with Article 22.

(g)

Living space addition to a Manufactured Home is not permitted.

(h)

No Manufactured Home constructed prior to January 1, 2000 shall be permitted to locate in a Manufactured Home Park.

(12)

Filling station in the B-1 District.

(13)

Truck terminal in the B-5 District; provided that sufficient safeguards in the form of buffering, screening, open space or others, as determined by council, are provided.

(14)

Storage warehouses or distribution centers with floor area devoted to warehousing and wholesaling in the B-2, B-3 or B-5 District.

(15)

Quarry, borrow pit or other extractive use, including oil well.

(16)

Commercial recreational facilities in the B-5, Highway Commercial District and the B-4, Planned Shopping District.

(17)

Offices and clinics operated by physicians, dentists or other members of the healing arts in the R-3D District.

(18)

Pharmacy in the R-3D District.

(19)

Carwash in the B-2 or B-5 District.

(20)

Miniwarehouse in the B-2 or M-1 District.

(21)

Reserved.

(22)

Day-care center, Child Care Institution or Maternity Center in the R-3C, R-3D, R-4, B-1, B-2, or POM District.

(23)

Bed-and-breakfast establishment in the R-3D, R-4, B-1 or B-2 District.

(24)

Truck wash in the B-5 District.

(25)

An allowable use in a B-2 General Commercial District in a B-5 Highway Commercial District.

Before permitting an allowable B-2 General Commercial District use to be located in a B-5 Highway Commercial District, the following shall apply:

(a)

A conceptual plan showing all existing and proposed structures, required parking for the use(s), loading zones/docks, entrances, green space, required landscaping, and when required screening or buffering if adjacent to a Residential use;

(b)

The petition for Special Use Permit shall clearly identify the use(s) proposed for the property. If granted, the Special Use shall be for the specific use(s) stated in the Petition.

(c)

The Special Use Permit shall run with the land, however, it will terminate and become null and void 1 (one) year after discontinuation of the permitted use(s).

(26)

Any use permitted in a B-1 District located in a NU District.

(27)

Reserved.

(28)

Recycling Center in the M-1 Light Industrial District and the NU Nonurban District.

Before permitting a recycling center, the city council shall approve a special use permit and site plan as required in Article 27. The city council shall satisfy itself that the recycling center will not be injurious to the use of other property in the immediate vicinity, that property values will not be substantially impaired, that the recycling center will not impede the normal and orderly development of surrounding properties and that the following requirements will be met:

(a)

Such use shall provide the City of Effingham Building Official with evidence that it has complied with all federal and state licenses, certifications, and other regulations.

(b)

All appropriate federal, state, and local sanitation regulations shall be strictly observed.

(c)

Sufficient safeguards in the form of buffering, screening, open space or others, as determined by the city council shall be utilized.

(d)

The processing of materials shall be completely indoors.

(e)

Any recyclable or related materials to be stored outdoors shall be stored in containers, dumpsters, or similar apparatus that can be covered when not in use. Any outside storage area for recyclable materials or processed materials shall be enclosed by a minimum eight-foot high solid fence or a wall, as approved by the city council, adequate to shield all containers within the enclosure, and material within the fenced enclosure shall not extend above the height of the fence or wall. The area shall be secured by a solid gate or provide for an overlapping opening which completely screens all views into the enclosure. The use of chain link fences with slats shall be prohibited.

(f)

All refuse disposal and recyclable material storage enclosures shall be located in areas designed to provide adequate accessibility for service vehicles. Locations shall generally be to the rear of buildings or in areas where minimal exposure to public streets will exist.

(g)

Refuse disposal and recyclable materials, and other equipment such as grease containers or outdoor storage of materials such as pallets, shall not be placed outside of exterior fence or wall enclosures.

(h)

There shall be a plan for regular shipping or reprocessing of recyclable materials, such that the size of the storage yard is minimized in relationship to the amount of recyclable materials estimated to be received. In no event shall any recyclable material remain on-site for a period exceeding one (1) year. Such plan shall be submitted to the City of Effingham Building Official as part of the special use approval.

For purposes of this section, "recycling center" shall mean a building or enclosed area used for the collection and/or processing of recyclable materials. Processing means the preparation of material for shipment, or an end-user's specifications, by such means as baling, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing.

For purposes of this section, "recyclable materials" shall mean nonhazardous, non-putrescible materials that would otherwise be considered or become municipal waste if not for the existence of viable secondary markets for such materials, including but not limited to categories of metals, glass, papers or plastics that are processed and returned to the economic mainstream in the form of raw material feedstock or products. Special recyclable materials allowed to be accepted and collected by a recycling center shall be designated by the city.

(29)

Bed-and-breakfast establishment/hotel and events venue.

(a)

For purposes of this section, a "Bed and Breakfast Establishment" being defined as a building where, for compensation and by arrangement, lodging (in not more than seven (7) lodging rooms) and a breakfast meal are provided for transient guests. On any date when transient guests will spend the night on the grounds, an on-site manager or employee will also spend the night on the grounds.

(b)

For purposes of this section, a "Hotel and Special Events Venue" would allow events to be held on the property, with the following restrictions:

1.

Such facility would host Special Events, including small events (an event attended by less than fifty (50) guests) and large events (an event attended by fifty (50) or more guests).

2.

Small events could be hosted on any day of the week, and large events would be limited to holidays, Fridays, Saturdays, and Sundays.

3.

All large events would be limited to a maximum of 250 guests.

4.

At any such events, if either live music or entertainment by a disc jockey is being offered, said music would end by 10:00 p.m.

5.

Such events will allow parking on Premises for no more than twenty-five (25) vehicles at any one time, and management will assist in the adherence of its guests to all city and neighborhood street parking restrictions.

6.

Such events will have an on-site manager present during any large events.

7.

Such facility may also maintain an office on the property for the operation of a wedding and event planning business.

8.

Such facility may further utilize onsite garage space for storage associated with a wedding and event planning business.

(30)—(33)

Reserved.

(34)

Veterinary hospital, animal clinic, animal shelter or kennel in the M-1 Light Industrial District or NU - Non Urban District. Before permitting a veterinary hospital, animal clinic, animal shelter or kennel in the M-1 Light Industrial District or NU - Non Urban District; the city council shall approve a special use permit and site plan as required in Article 27. The city council shall satisfy itself that the veterinary hospital, animal clinic, animal shelter or kennel will not be injurious to the use of other property in the immediate vicinity, that property values will not be substantially impaired, that the veterinary hospital, animal clinic, or kennel will not impede the normal and orderly development of surrounding properties and that the following requirements will be met:

(a)

Such use shall provide the City of Effingham Building Official with evidence that it has complied with all federal and state licenses, certifications, and other regulations.

(b)

All appropriate federal, state, and local sanitation regulations shall be strictly observed.

(c)

Sufficient safeguards in the form of buffering, screening, open space or others, as determined by the city council shall be utilized.

(d)

All facilities for keeping and/or boarding animals shall be completely within the facility so as to minimize noise discernable outside of the property boundaries.

(e)

An outside exercise/training fenced area is allowed provided no animals are left unattended.

(f)

Outside runs are permitted provided they are covered with a roof, the floor shall be concrete or other impervious material, all other surface material shall be easily cleaned and kept free from excessive accumulation of animal waste, shall provide gutters or drains for the discharge of waste to a sewer, septic tank or filter field (but shall not be allowed or used for drainage of storm water) and the runs shall be a minimum of 300 feet from a residential structure.

For purposes of this section, "Veterinary Hospital" shall mean a place where animals or pets are given medical and/or surgical treatment by a licensed veterinarian.

For purposes of this section, "Animal Clinic" shall mean an establishment for the treatment of small animals, including, but not limited to dogs, cats, rabbits and birds by a licensed veterinarian.

For purposes of this section, "Animal shelter" means a facility operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other non-profit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals.

For purposes of this section, "Kennel" shall mean any building or enclosed area where five (5) or more dogs and/or cats (or any combination thereof) over six (6) months of age are kept as pets, is intended and used for the breeding of animals for sale, pet grooming, pet day care, training, and/or overnight boarding of animals other than those of the owner of the lot, or any building or enclosed area on which dogs and/or cats are raised and offered for sale, adoption, or exchange, with or without compensation. This does not include a veterinary hospital or animal clinic in which the overnight boarding is necessary for and accessory to the testing and medical treatment of the physical disorders of animals.

(35)

Veterinary hospital, animal clinic, animal shelter or kennel in the B-2 General Commercial District. Before permitting a veterinary hospital, animal clinic, animal shelter or kennel in the B-2 General Commercial District; the city council shall approve a special use permit and site plan as required in Article 27. The city council shall satisfy itself that the veterinary hospital, animal clinic, animal shelter or kennel will not be injurious to the use of other property in the immediate vicinity, that property values will not be substantially impaired, that the veterinary hospital or animal clinic will not impede the normal and orderly development of surrounding properties and that the following requirements will be met:

(a)

Such use shall provide the City of Effingham Building Official with evidence that it has complied with all federal and state licenses, certifications, and other regulations.

(b)

All appropriate federal, state, and local sanitation regulations shall be strictly observed.

(c)

Sufficient safeguards in the form of buffering, screening, open space or others, as determined by the city council shall be utilized.

(d)

All facilities for keeping and/or boarding animals shall be completely within the facility so as to minimize noise discernable outside of the property boundaries.

(e)

An outside exercise/training fenced area is allowed provided no animals are left unattended.

(f)

The number of animals is limited to 20 dogs and/or cats. A litter of puppies or kittens less than 12 weeks old does not count towards the 20. After 12 weeks, the litter is counted as one animal until they reach six (6) months of age at which time the individual animals are counted towards the limit of 20.

For purposes of this section, "Veterinary Hospital" shall mean a place where animals or pets are given medical and/or surgical treatment by a licensed veterinarian.

For purposes of this section, "Animal Clinic" shall mean an establishment for the treatment and/or boarding of small animals, including, but not limited to dogs, cats, rabbits and birds by a licensed veterinarian.

For purposes of this section, "Animal shelter" means a facility operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other non-profit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals.

For purposes of this section, "Kennel" shall mean any building or enclosed area where five (5) or more dogs and/or cats (or any combination thereof) over six (6) months of age are kept as pets, is intended and used for the breeding of animals for sale, pet grooming, pet day care, training and/or overnight boarding of animals other than those of the owner of the lot, or any building or enclosed area on which dogs and/or cats are raised and offered for sale, adoption, or exchange, with or without compensation. This does not include a veterinary hospital or animal clinic in which the overnight boarding is necessary for and accessory to the testing and medical treatment of the physical disorders of animals.

(36)

Indoor Shooting Range in the M-1 Light Industrial District. For purposes of this Section, "Indoor Shooting Range" shall mean a fully enclosed building or part of a fully enclosed building specifically designed and operated for the use of a sporting event or for practice, instruction, testing, or training in the use of firearms, including but not limited to rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, as well as the use of archery or any other shooting activity, but does not include police or military indoor shooting ranges operated by any level of government.

(37)

Brew pub in a B-2, General Commercial District, B-3, Central Business District, B-5, Highway Commercial District, or an M-1, Light Industrial District. For purposes of this section, "brew pub" shall mean a facility where beer and/or other fermented malt beverages are manufactured, produced, stored, bottled, sold at wholesale or at retail in sealed bottles or other sealed containers for consumption off premises, or sold to be consumed on the premises in an area or room that is ancillary to the production of beer or other fermented malt beverages, in quantities not to exceed one hundred fifty-five thousand (155,000) gallons per year. Such brew pub may also include restaurant, dining, and bar facilities.

(38)

Modular Dwelling in an M-1, Light Industrial District, provided said Modular Dwelling can only be utilized as a commercial showroom and/or office in connection with a business operating a sales lots for the sale of Modular Dwellings ( Manufactured Housing" or "Manufactured Housing Unit") and Manufactured Homes (Mobile Home, House Trailer or Double-Wide Trailer).

(39)

Mixed Commercial/Residential Use on the first floor in a B-3, Central Business District. For purposes of this Section, "Mixed Commercial/Residential Use" shall mean any combination of residential, office, and commercial uses within a building, provided, however, that at least a portion of the first floor shall be utilized for office, commercial, or other business related uses and functions (i.e. meeting rooms, business center, etc.)

Before permitting a Mixed Commercial/Residential Use, the City Council shall satisfy itself that the Mixed Commercial/Residential Use will not be injurious to the use of other property in the immediate vicinity, that property values will not be substantially impaired, and that the Mixed Commercial/Residential Use will not impede the normal and orderly development of surrounding properties, Furthermore, before permitting a Mixed Commercial/Residential Use, the following requirements will be met:

(a)

A detailed floor plan rendering shall be submitted as part of the petition for a special use permit under this Section;

(b)

The use and building shall comply with all applicable requirements of the City of Effingham, Illinois, Building Code, Fire Code, Life Safety Code, Plumbing Code, and Electrical Code, as well as comply with applicable ADA Standards for Accessible Design;

(c)

Such use shall allow not more than six (6) bedrooms on the First floor of the building;

(d)

Such use shall provide for private security access, which would further prohibit access to the building by the general public;

(e)

Such use shall either have sufficient on-site parking to allow for 2 parking spots per bedroom contained within the first-floor of the building or provide a copy of a separate written agreement for additional private parking spots located within a 1 block radius of the building capable of fulfilling the aforesaid 2 parking spots per bedroom requirement;

(f)

Such use shall contain full-laundry facilities within the building;

(g)

Must provide residents of the mixed commercial/residential use with a 24 hour contact for services (i.e. Heat/Air, etc.); and

(h)

The Special Use Permit for a Mixed Commercial/Residential Use shall be a personal privilege to the permittee and/or a subsidiary of permittee, and shall not run with the land, and will automatically terminate upon title transfer, sale, assignment, or conveyance of the real property in which any Special Use Permit for a Mixed Commercial/Residential Use is granted, provided, however, that said permit shall not terminate upon the transfer, sale, assignment, or conveyance of the real property to a subsidiary of the permittee.

(40)

Banquet Facility in a B-2, General Commercial District, B-3, Central Business District, B-4, Planned Shopping District and B-5, Highway Commercial District.

Before permitting a Banquet Facility in a B-2, General Commercial District, B-3, Central Business District, B-4, Planned Shopping District and B-5, Highway Commercial District, the following requirements will be met:

(a)

A conceptual plan sheet, drawn to scale will be required showing all existing and proposed structures, required parking, access routes, water and sewer locations, zoning, intended use with maximum proposed occupancy and drainage studies as determined and approved by the City Engineer;

(b)

If required by the City Engineer, the drainage study shall be signed by a registered professional engineer;

(c)

If the City of Effingham sanitary sewer system is not available to serve the property within 200 feet, approval by the Effingham County Health Department for a septic system must be submitted to the Building Official for the intended capacity;

(d)

Certificate of Occupancy or Letter of Approval must be issued by the jurisdictional Fire Department and submitted to the Effingham Building Official;

(e)

Any outdoor events, if either live music or entertainment by a disc jockey is being offered by the business or displayed by guests, shall end by 10:00 p.m.; and,

(f)

Public restrooms must be provided onsite, which shall comply with all applicable requirements of the applicable Building Code, Fire Code, Life Safety Code, Plumbing Code, and Electrical Code, as well as comply with applicable ADA Standards for Accessible Design.

(41)

Adult-Use Cannabis Dispensing Organization in a B-5, Highway Commercial District. Before permitting an Adult-Use Cannabis Dispensing Organization in a B-5, Highway Commercial District, the City Council shall satisfy itself that an Adult-Use Cannabis Dispensing Organization will not be injurious to the use of other property in the immediate vicinity, that property values will not be substantially impaired, and that the Adult-Use Cannabis Dispensing Organization will not impede the normal and orderly development of surrounding properties. Any petition for a special use permit under this Section shall be considered on a case-by-case basis, evaluated based on the entirety of the circumstances affecting the subject property including, but not limited to, existing and intended future uses of the subject property, the properties surrounding and adjacent to the subject property, as well as any uses of property around the subject property in which the City Council, in its sole discretion, deem sensitive. Furthermore, before permitting an Adult-Use Cannabis Dispensing Organization in a B-5, Highway Commercial District, the following requirements shall be met:

(a)

A site plan, together with a nonrefundable site plan and administrative review fee of Five Thousand Dollars ($5,000.00), shall be submitted with all applicable requirements of Article 27 of Appendix B of the Municipal Code of Effingham, Illinois, as part of the petition for a special use permit under this Section. In addition to the requirements contained in Article 27, the site plan shall also provide details or depict the following:

(1)

Demonstration that the Adult-Use Cannabis Dispensing Organization facility meets the conditions for an enclosed, locked facility;

(2)

Distance from all facilities and uses requiring setbacks as required by the Cannabis Regulation and Tax Law, 410 ILCS 705/1-1 et seq., as amended from time to time, and regulations promulgated thereunder (hereinafter referred to as the "Cannabis Regulation and Tax Law");

(3)

Location of video surveillance equipment;

(4)

Proposed lighting for the property;

(5)

Proposed signage for the property; and

(6)

Nature and adequacy of supervision and security at the facility.

(b)

As part of the petition for a special use permit under this Section, the Petitioner shall submit a written acknowledgment that the Petitioner agrees to and accepts the limitations of liability and the requirement to indemnify, hold harmless and defend the City of Effingham and the City's employees and agents, including that: the City of Effingham shall not be liable to the Adult-Use Cannabis Dispensing Organization, the Adult-Use Cannabis Dispensing Organization's employees, any members, guests, or invitees of the Adult-Use Cannabis Dispensing Organization, for any damage, injury, accident, loss, compensation or claim, based on, arising out of, or resulting from the property for which the zoning is requested being used pursuant to the Compassionate Use of Medical Cannabis Pilot Program or the Cannabis Regulation and Tax Law, 410 ILCS 705/1-1 et seq., as amended from time to time including, but not limited to the following: arrest, seizure of persons or property, prosecution pursuant to federal or state laws, any fire, robbery, theft, mysterious disappearance or any other casualty; or the actions of any other registrants or persons. This limitation of liability provision shall survive expiration or the early termination of the State registration of an Adult-Use Cannabis Dispensing Organization (if the registration is granted), or dissolution of the use of property as an Adult-Use Cannabis Dispensing Organization or any subsequent change in zoning;

(c)

A maximum of two (2) special use permits shall be issued for an Adult-Use Cannabis Dispensing Organization in a B-5, Highway Commercial District under this Section;

(d)

Compliance with State law: An Adult-Use Cannabis Dispensing Organization shall at all times comply with all regulations provided within the Cannabis Regulation and Tax Law, 410 ILCS 705/1-1 et seq.;

(e)

Setback Requirements: No Adult-Use Cannabis Dispensing Organization shall be located within 1,500 feet from another Adult-Use Cannabis Dispensing Organization. Such distance shall be measured linearly and shall be the shortest distance between the closest points of the property lines. If a boundary line measured touches upon any portion of a parcel or lot, the parcel or lot shall be within the area being identified by the City Director of the Department of Public Works;

(f)

Parking: An Adult-Use Cannabis Dispensing Organization shall have a minimum of one parking space per employee, and one for every 200 square feet available to the public. The parking area shall meet all requirements for off-street parking and loading as contained within Article 25. Parking shall be located in an area which is visible from a public road that is accessible to the public. It may not be screened from the roadway with vegetation, fencing, or other obstructions, but such may be allowed with the presentation of evidence of a safety or security need. Parking areas shall be well lit and monitored by video surveillance equipment, which live images can be viewed by the staff of the Adult-Use Cannabis Dispensing Organization and continually recorded in a tamper proof format;

(g)

Security and Video Surveillance:

(1)

An Adult-Use Cannabis Dispensing Organization shall be located in an enclosed, locked facility and shall provide and maintain adequate security within the facility and on the property to ensure the safety of persons and to protect the facility from theft;

(2)

The parking area, client entrance, sales area, back room, storage areas, delivery bay, and employee entrance shall be monitored by video surveillance equipment, which live images can be viewed by the staff of the Adult-Use Cannabis Dispensing Organization and continually recorded in a temper proof format;

(3)

A sign shall be posted in a prominent location, which includes the following language: "These premises are under constant video surveillance."

(4)

The City Director of the Department of Public Works shall review the adequacy of lighting, security, and video surveillance installations with assistance of the City of Effingham Police Department;

(5)

An Adult-Use Cannabis Dispensing Organization shall report all criminal activities to all appropriate law enforcement agencies immediately upon discovery that criminal activity has occurred on property issued a permit under this Section; and

(6)

Deliveries shall occur only during normal business hours within a secure enclosed delivery bay. No delivery shall be visible from the exterior of the building.

(h)

Exterior Display: No Adult-Use Cannabis Dispensing Organization shall be maintained or operated in a manner that causes, creates or allows the public viewing of cannabis, cannabis-infused products, cannabis paraphernalia, or similar products from any sidewalk, public or private right-of-way, or any property other than the lot in which the Adult-Use Cannabis Dispensing Organization is located. No portion of the exterior of the Adult-Use Cannabis Dispensing Organization shall utilize or contain any flashing light, search light, spot light, or any other similar lighting system;

(i)

Signage: All exterior signs shall comply with the requirements contained within Article 24. Additionally, the Adult-Use Cannabis Dispensing Organization shall comply with the following sign requirements:

(1)

Exterior signs shall not obstruct the entrance or windows of an Adult-Use Cannabis Dispensing Organization;

(2)

Electronic message boards and temporary signs are prohibited;

(3)

Signs shall not include any realistic or stylized graphical representation of the cannabis plant or its parts, smoke, any realistic or stylized graphical representation of drug paraphernalia, or cartoonish imagery oriented toward youth; and

(4)

Notwithstanding anything contained within Article 24, an Adult-Use Cannabis Dispensing Organization shall not be authorized to advertise on off-site billboards or off-site signs.

(j)

Conduct on Site:

(1)

Drive-Through Services. Drive-through services shall be prohibited;

(2)

Outdoor Seating. Outdoor seating shall be prohibited;

(3)

Loitering. Loitering is prohibited on any Adult-Use Cannabis Dispensing Organization property;

(4)

Smoking and Use of Cannabis Products. It shall be prohibited to smoke, inhale, or consume cannabis products in the Adult-Use Cannabis Dispensing Organization or anywhere on the property occupied by the Adult-Use Cannabis Dispensing Organization. A sign, at least 8.5 inches by 11 inches, shall be posted inside the Adult-Use Cannabis Dispensing Organization building in a conspicuous place and visible to a customer and shall include the following language: "Smoking, eating, drinking, or other forms on consumption of cannabis or cannabis-infused products is prohibited on dispensary property."; and

(5)

Noxious Odors: An Adult-Use Cannabis Dispensing Organization shall be operated in a manner that prevents any odor impacts to any neighboring properties and uses.

(k)

Hours of Operation: An Adult-Use Cannabis Dispensing Organization shall only be allowed to operate and admit the public to the Adult-Use Cannabis Dispensing Organization between the hours of 6:00 a.m. and 8:00 p.m.;

(l)

Age and Access Limitations: It shall be unlawful for an Adult-Use Cannabis Dispensing Organization to allow any person who is not at least twenty-one (21) years of age within the Adult-Use Cannabis Dispensary on the premises; provided, however, that any cardholder, designated caregiver, and those specifically authorized by the Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1 et seq., may be allowed within a Medical Cannabis Dispensary on a premises shared by an Adult-Use Cannabis Dispensing Organization and a Medical Cannabis Dispensary provided that they are at least eighteen (18) years of age. An Adult-Use Cannabis Dispensing Organization shall not employ anyone under the age of twenty-one (21) years of age;

(m)

Drug Paraphernalia Sales: An Adult-Use Cannabis Dispensing Organization that displays or sells drug paraphernalia shall do so in compliance with the Illinois Drug Paraphernalia Control Act, 720 ILCS 600/1 et seq., as amended from time to time;

(n)

Requirements contained within this Section shall not be subject to variance;

(o)

Dissolution of Use and Revocation of Special Use Permit:

(1)

Failure to Obtain State Registration. Should an Adult-Use Cannabis Dispensing Organization fail to provide the City Director of the Department of Public Works evidence that the Adult-Use Cannabis Dispensing Organization has obtained its approval of registration from the State of Illinois within 180 calendar days of the issuance of a special use permit under this Section by the City Council, the special use permit issued to the Adult-Use Cannabis Dispensing Organization under this Section shall be deemed null and void and the zoning of the subject property shall revert back to that which existed prior to the issuance of the special use permit under this Section;

(2)

Failure to Comply with State and City Regulations. Should an Adult-Use Cannabis Dispensing Organization fail to conform to and comply with the Cannabis Regulation and Tax Law, 410 ILCS 705/1-1 et seq., as amended from time to time, and regulations promulgated thereunder, and any and all other laws, rules, and regulations established by the State of Illinois, or the provisions contained within this Section, such violation shall be considered a dissolution of use, allowing for the revocation of the special use permit issued to the Adult-Use Cannabis Dispensing Organization under this Section. Should the special use permit issued to the Adult-Use Cannabis Dispensing Organization under this Section be revoked, the zoning of the subject property shall revert back to that which existed prior to the issuance of the special use permit under this Section; and

(3)

Termination of Use. Should an Adult-Use Cannabis Dispensing Organization fail to use the property which was issued a special use permit as an Adult-Use Cannabis Dispensing Organization under this Section for a period of ninety (90) days, this shall be considered a dissolution of use, allowing for the revocation of the special use permit issued to the Adult-Use Cannabis Dispensing Organization under this Section. Should the special use permit issued to the Adult-Use Cannabis Dispensing Organization under this Section be revoked, the zoning of the subject property shall revert back to that which existed prior to the issuance of the special use permit under this Section.

(p)

Nothing contained within this Section, or otherwise contained within Appendix B of the Municipal Code of the City of Effingham, Illinois, shall be deemed to authorize any Craft Grower, Cultivation Center, Infuser Organization, Processing Organization, or Transporting Organization (as those terms are defined in the Cannabis Regulation and Tax Law, 410 ILCS 705/1-1 et seq.), to be located within the corporate or extraterritorial limits of the City of Effingham, Illinois.

(42)

Vacation—Short Term Rental in a B-1 Neighborhood Shopping District, B-2 General Commercial District, B-3 Central Business District or M-1 Light Industrial District.

Before permitting a Vacation—Short Term Rental special use permit in a B-1 Neighborhood Shopping District, B-2 General Commercial District, B-3 Central Business District or M-1 Light Industrial District, the City Council shall satisfy itself that the Vacation—Short Term Rental will not be injurious to the use of other property in the immediate vicinity, that property values will not be substantially impaired, and that the Vacation—Short Term Rental will not impede the normal and orderly development of surrounding properties. Any petition for a special use permit under this Section shall be by the owner or owners of a tract of land and considered on a case-by-case basis, evaluated based on the entirety of the circumstances affecting the subject property including, but not limited to, existing and intended future uses of the subject property, the properties surrounding and adjacent to the subject property, as well as any uses of property around the subject property. Furthermore, before permitting a Vacation—Short Term Rental, the following requirements shall be met:

(a)

A conceptual plan, signed by the owner, together with a non-refundable fee of One Hundred Dollars ($100.00), shall be submitted as part of the petition for a special use permit under this Section. The conceptual plan shall be to scale, with a North Arrow, address, owner's name and number, authorized manager name and number, location map, maximum number of guests, and notes depicting all required items of this special use permit. The plan shall also provide details or depict the following:

(1)

Layout of the subject property with a floor plan of the building showing, with labels, all rooms and spaces; bedrooms, bathrooms, kitchen, living/family room, laundry room, parking locations, street access, etc.;

(2)

If only a portion of a building will be used for a Vacation—Short Term Rental or multiple Vacation—Short Term Rentals, the conceptual plan shall show in sufficient detail the horizontal and vertical limits of each Vacation—Short Term Rental space;

(3)

Parking in the B-1 Neighborhood Shopping District, B-2 General Commercial District or M-1 Light Industrial District—the owner shall provide a minimum of two (2) designated off street parking spaces with signage for each Vacation—Short Term Rental space. Said off street parking spaces shall be shown on the conceptual plan;

(4)

Parking in the B-3 Central Business District—the owner shall provide a minimum of two (2) designated off street parking spaces for each Vacation—Short Term Rental space on the first floor. Said off street parking spaces shall be shown on the conceptual plan;

(b)

As part of the petition for a special use permit under this Section, the owner shall submit a written acknowledgment that the owner agrees to and accepts the limitations of liability and the requirement to indemnify, hold harmless and defend the City of Effingham and the City's employees and agents, including that: the City of Effingham shall not be liable to the owner, employees, any members, guests, or invitees of the Vacation—Short Term Rental, for any damage, injury, accident, loss, compensation or claim, based on, arising out of, or resulting from the property for which the special use permit is requested being used. This limitation of liability provision shall survive termination of the use of property as a Vacation—Short Term Rental;

(c)

In the B-3 Central Business District—before allowing a Vacation—Short Term Rental on the first or ground floor in the B-3 Central Business District, the owner shall have obtained and complied with Special Use Permit (39) Mixed Commercial/Residential Use on the first floor in a B-3 Central Business District;

(d)

No more than a maximum of four (4) special use permits shall be issued for a Vacation—Short Term Rental owner. For the purposes of this section, an owner shall mean a person and spouse, the trustee or beneficiary of a trust, member of a corporation, limited liability company, partnership or limited partnership (an owner may own 2 individually, 2 as a Trustee but a 5th as a member of an LLC would not be allowed);

(e)

Shall be owner occupied and/or have an authorized manager available 24 hours a day/7 days a week with name, phone number and e-mail address on file with the City Building Official, Fire Department and Police Department;

(f)

The length of stay shall not be more than 29 consecutive days, provided that between October 31, 2020 through December 31, 2021, the regultaions as contained in this Paragraph 41(f) shall be amended to allow a length of stay to not exceed one (1) year;

(g)

Guests—The owner shall keep a register in which the name and age of every guest and his/her arrival and departure dates is recorded. The register shall be freely accessible to any officer of the City's Police, Fire and Building Official Departments;

(1)

No more than four (4) guests shall be unrelated persons age 18 or older; and,

(2)

Persons under 18 (minors) shall be accompanied by at least one (1) family member age 18 or older - family as defined in Article 1 of Appendix B of the Municipal Code of Effingham, Illinois, or shall be accompanied by at least two (2) chaperones age 21 or older per six (6) minors. The chaperones shall have and provide copies of written authorization from the parents or legal guardians of the minors to the owner;

(h)

Subject to the imposition of Chapter 23, Article VII—Hotel Motel Tax;

(i)

Subject to an initial inspection prior to operation and a minimum of an annual inspection to ensure compliance with Building and Life Safety Codes. Additional inspections may be warranted due to complaints by guests. A Certificate of Occupancy issued by the Building Official is required for operation. The Certificate of Occupancy may be revoked by the Building Official if warranted;

(j)

All life safety code questions shall be requested and approved by the City of Effingham Fire Department Fire Prevention Bureau (FPB). The FPB will then state the proper code—NFPA, ILSC, LSC, and City Ordinance requirements;

(k)

Shall include in any listing the following information about the Vacation—Short Term Rental:

(1)

The owner's cancellation and check-in and check-out policies;

(2)

A statement on:

(i)

Whether the rental is wheelchair or ADA accessible;

(ii)

The parking availability and any parking restrictions;

(iii)

The availability of, or restrictions on, the use of any recreational facilities or other amenities applicable to guests;

(3)

A description of the Vacation—Short Term Rental, including the number of sleeping rooms and bathrooms;

(4)

The maximum number of guests and restrictions on guest family relationship and ages;

(l)

Shall have posted, in a conspicuous place within the Vacation—Short Term Rental:

(1)

The name and telephone number of the owner and/or the authorized manager—a 24 hour a day/7 day a week contact person;

(2)

An evacuation diagram inside entrance door identifying all means of egress from the Vacation—Short Term Rental and the building in which it is located;

(3)

A current copy of the listing;

(4)

If the property is subject to restrictions imposed by a homeowner's association or board of directors, the owner shall post an attestation that the homeowner's association or board of directors has not adopted by-laws prohibiting a Vacation—Short Term Rental;

(m)

Shall not serve or otherwise provide any food or beverage;

(n)

Requirements contained within this Section shall not be subject to variance;

(o)

Dissolution of use and revocation of Special Use Permit:

(1)

If the owner or authorized manager violates any of the terms provided herein;

(2)

If the owner or authorized manager is deemed to have maintained a nuisance premises therein, in violation of Chapter 12, Article 2 of the City of Effingham Municipal Code;

(3)

Non-payment of water/sewer bill;

(p)

The grant of a Special Use Permit for a Vacation—Short Term Rental does not invalidate or supersede any other regulations of the City of Effingham Municipal Code.

(43)

Solar Energy System in a NU Non-Urban District, M-1 Light Industrial District, or M-2 Heavy Industrial District.

Before permitting a Small Solar Energy System with a Solar Collector Surface area greater than 100,000 square feet or a Large Solar Energy System in a NU Non-Urban District, M-1 Light Industrial District, or M-2 Heavy Industrial District, the requirements as set forth in Article 23A-3. Large Solar Energy Systems shall be met.

(44)

Utility Station in the NU, B-1, B-2, B-4, B-5, POM, or PUD-C Districts;

Before permitting a Utility Station, the following requirements shall be met:

(a)

A conceptual plan drawn to scale showing the size and height of all existing and proposed structures and appurtenances.

(b)

Structures and appurtenances shall be setback a minimum of 20 feet from all property lines and 100 feet from a Residential District with a Type C Buffer (trees omitted) when adjacent to the Residential District.

(c)

Occupied work or storage areas are not allowed.

(d)

Building or structure shall be designed and constructed to conform to the general character of the area in which it is located.

(e)

Building or structure shall not exceed the maximum height allowed per District in Article 21 and 22 of this Appendix B, except poles for utility lines or antenna for monitoring and control communications.

(45)

Reserved.

(46)

Cryptocurrency Mine or Data Center in a NU, M-1 or M-2 District.

A petition for a special use permit under this paragraph shall be considered on a case-by-case basis, evaluated based on the entirety of the circumstances affecting the subject property, and the adjacent properties, including, but not limited to, existing uses and the intended future uses in the Comprehensive Plan. The City Council shall satisfy itself the special use permit will not be injurious to the use of other property in the immediate vicinity, that property values will not be substantially impaired, will not impede the normal and orderly development of surrounding properties and is the highest and best use of the property. In addition, is there adequate capacity on electrical power supply lines and substations for the HDL, sufficient water supply, noise pollution controls, safety and security measures. Employment density to infrastructure investment shall also be considered.

Furthermore, before permitting a Cryptocurrency Mine or Data Center, the following requirements will be met:

(a)

A site plan with all applicable requirements of Article 27 and Appendix A of Appendix B of the Municipal Code of Effingham, Illinois, shall be submitted as part of the petition for a special use permit under this paragraph;

(b)

Structures and appurtenances shall be located a minimum of 100 feet from a Residential District with a Type C Buffer (trees omitted).

(c)

Shall be a permanent structure(s) with foundation constructed to the applicable codes as adopted by the City of Effingham.

(d)

Structure(s) shall be designed and constructed to conform to the general character of the area in which it is located.

(e)

The use of cargo containers, railroad cars, semi-truck trailers, truck van body and other similar storage containers for any component of the operation is strictly prohibited.

(f)

Noise levels shall be in compliance with the applicable Illinois Pollution Control Board (IPCB) regulations (35 Illinois Administrative Code, Subtitle H: Noise, Parts 900, 901,910). If located within 1,500 feet of a residential dwelling, a noise analysis by a qualified professional that demonstrates compliance with the IPCB noise regulations shall be submitted. The analysis shall include manufacturer's sound power level characteristics and other relevant data regarding noise characteristics of all proposed equipment.

(g)

If water is used for cooling, the source and adequacy of the supply shall be provided.

(h)

Report from the Electric Utility Company:

(1)

Adequate capacity is available on the supply lines and substation for the proposed HDL development and to serve the current and future needs of the area and is consistent with the normal projected load growth envisioned by the Electric Utility Company;

(2)

Utility supply equipment and related electrical infrastructure are sufficiently sized and can safely accommodate the HDL development; and

(3)

The use will not cause electrical interference or fluctuations in line voltage on and off the operating premises.

B.

Before authorization of any of the above special uses, the request therefor shall be referred to the city plan commission for study and report concerning the effect of the proposed use on the comprehensive plan and on the character and development of the neighborhood, and a public hearing shall be held in relation thereto before the planning commission, notice and publication of the time and place for which shall conform to the procedure prescribed in Article 33 for hearings on amendments. If no report is transmitted by the planning commission within sixty (60) days of notification, the city council may take action without further awaiting such report.

C.

Any proposed special use shall otherwise comply with all the regulations set forth in this ordinance for the district in which such use is located, except that the city council may permit hospitals and institutions to exceed the height limitations of such district.

(Ord. No. 6-91, § 5, 1-15-91; Ord. No. 54-98, § 1, 6-16-98; Ord. No. 11-2007, § 2, 4-3-2007; Ord. No. 29-2008, §§ 2, 3, 5-20-2008; Ord. No. 42-2009, § 2, 9-15-2009; Ord. No. 14-2014, § 2, 3-4-2014; Ord. No. 69-2015, § 2, 8-18-2015; Ord. No. 63-2016, § 3, 8-2-2016; Ord. No. 89-2016, § 2, 10-4-2016; Ord. No. 99-2016, § 2, 12-6-2016; Ord. No. 44-2017, § 2, 7-5-2017; Ord. No. 115-2017, § 2, 12-19-2017; Ord. No. 29-2018, § 2, 4-17-2018; Ord. No. 42-2018, 5-15-2018; Ord. 61-2018, § 3, 7-17-2018; Ord. No. 96-2018, § 2, 11-20-2018; Ord. No. 3-2019, §§ 2, 3, 1-15-2019; Ord. No. 006-2020, § III, 2-4-2020; Ord. No. 015-2020, § III, 2-18-2020; Ord. No. 070-2020, § II, 10-20-2020; Ord. No. 027-2021, § III, 5-18-2021; Ord. No. 030-2021, § III, 5-18-2021; Ord. No. 076-2021, § II, 11-16-2021; Ord. No. 019-2022, § VIII, 3-15-2022; Ord. No. 054-2022, § II, 7-19-2022; Ord. No. 026-2023, § IV, 5-16-2023; Ord. No. 099-2023, § VIII, 12-19-2023; Ord. No. 017-2024, § IV, 3-19-2024)