A "special use" is a use which is necessary or desirable for the public welfare, but which is potentially incompatible with the uses normally permitted in the zoning district established herein. It is hereby declared the policy and purpose of this chapter to employ the special use as a flexible means of permitting certain exceptions to the districts established and the rules and regulations adopted herein, in cases where the public benefit of such uses outweighs the potential harm, and under such conditions imposed as are necessary to protect the public health, safety and welfare and individual property rights.

Special use permits may be granted by the Village Board by ordinance, in a specific case and after a public hearing before the Zoning Board in accordance with the procedure hereinafter set forth when it appears:

1. That it is reasonably necessary for the public convenience at that location;
2. That it is so designed, located and proposed as to be operated so that it will not be injurious to the district in which it shall be located or otherwise detrimental to the public welfare;
3. That it conforms to the applicable regulations and standards of and preserves the essential character of the district in which it shall be located;
4. That in the case of an existing nonconforming use, will make such use more compatible with its surroundings.

Special uses which may be authorized by the Village Board are as follows:

1. Auditoriums in Residential and Industrial Districts.
2. Cemeteries in Residential Districts.
3. Churches, synagogues, cathedrals, mosques, and places of public worship; convents, monasteries, and rectories in all districts except the Industrial Districts.
4. Clubs, private clubs, private lodges, and country clubs in the Residential and the Commercial Districts.
5. Commercial establishments in the Residential Districts, supplying the every-day needs and services of the residents of the surrounding area, subject to the regulations specified in § 153.144.
6. Electric substations, filtration plants, pumping stations, telephone exchanges, police stations, fire stations and governmental administration buildings in all districts.
7. Fairgrounds, circuses, coliseums, racetracks, and expositions in the Industrial and Commercial Districts.
8. Golf courses (3 par) or standard golf courses with illuminated fairways or green in the Commercial and Industrial Districts.
9. Hospitals, nursing or convalescent homes, and sanatoriums in the Residential and Commercial Districts.
10. Institutions for aged persons and children in all districts except the Industrial and Conservation Districts.
11. Junkyards in the Industrial District, provided they shall be enclosed on all sides by a solid fence, wall or hedge at least eight feet in height.
12. Motor bus passenger terminals in the Commercial Districts.
13. Philanthropic and elementary institutions in the Residential and Commercial Districts.
14. Radio and television broadcasting stations in all districts.
15. Schools (secondary or college) in any district.
16. Sewage treatment plants in the Industrial and Commercial Districts.
17. Theaters, outdoor drive-in, in the Industrial and Commercial Districts.
18. Public swimming pools or swimming areas in the Commercial District.
19. Tourist homes in Residence District.
20. Community Garden Energy Systems.
    
21. Those uses permitted in Residential and Commercial Districts in the Industrial District, however if the special use is granted those uses shall be subject to the standards and regulations applicable to Residential District or Commercial District respectively even though the property lies in the Industrial District.
22. Those uses permitted in the Residential and Commercial Districts subject to the yard requirements of the Residential District and further subject to the provision of § 153.150.
23. Cell towers and other similar structures for cellular communications in the Industrial District, not to be within one thousand (1,000) feet of a Residential District.

In addition to any special conditions or restrictions prescribed by the Village Board, the yard and setback line regulations and standards of the district in which the special use is located shall apply.

The following specific regulations and standards shall apply to the commercial establishment. In Residential Districts classified as special uses in § 153.142 (E):

1. Location. Any such commercial establishment shall be located so as to abut a direct access street but may abut a limited access street only if access to and from such street is provided by a merging feeder system.
2. Business.
   1. All businesses shall be conducted within an enclosed building except for off-street parking, loading, and unloading; and except for those businesses serving agriculture, located in an agriculture district, which are normally carried on in the open.
   2. Establishments of the "drive-in" type offering goods and services directly to customers waiting in parked vehicles shall not be permitted.
3. Performance standards, nuisances, and hazards.
   1. Smoke and particulate matter. No commercial establishment shall be allowed which produces emission of smoke of more than five smoke units per hour per stack; however, during one hour period in each 24 hours each stack may emit up to ten smoke units per hour when blowing soot or cleaning fires, with no more than four minutes of smoke of a density of Ringelmann Number 2.
   2. Vibrations, heat, or glare which are readily detectable by normal human senses without the use of instruments at the lot lines.
   3. Toxic or noxious matter, odors, vapors, or gases. No use shall discharge across the lot lines wherein it is located, toxic or noxious matter, odors, vapors, or gases in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare, or cause injury or damage to property, business, crops, or livestock.
4. Signs. Signs in connection with a commercial establishment shall:
   1. Not be illuminated;
   2. Not extend beyond lot lines; and
   3. Not exceed an area of one-sixth of the lineal feet of frontage of the lot on which such establishment is located or 30 square feet, whichever is smaller.
5. Landscaping. Commercial establishments in a Residential District shall maintain the following landscape standards:
   1. All open, unpaved, uncovered, and unsheltered yards and all other open spaces shall be planted with trees at least two inches in diameter measured at a point five feet above the ground surface. A tree-planting ratio of at least one such tree for every 2,000 square feet of lot area shall be maintained.
   2. All parking lots and carports with a capacity of six or more vehicles visible from the front line of the front yard of the lot on which such parking lots and carports are located shall be screened from public view with a fence, wall, or hedge at least 50% solid and at least 2 1/2 feet but not more than four feet in height.
6. Off-street parking spaces. Off-street parking spaces for commercial establishments shall be provided as follows:
   1. All such parking spaces shall be located on the same lot or tract of land as the establishment served.
   2. The number of such parking spaces required shall be the sum of the individual requirements of the various individual establishments, computed separately in accordance with this section. Such parking spaces for one such establishment shall not be considered as providing the number of such parking spaces for any other such establishment.
   3. Such parking space for the accommodation of an automobile or a light motor truck shall be at least 300 square feet including both maneuvering and parking area.
   4. Such parking space for the accommodation of a heavy motor truck, motor bus or other vehicle shall be of dimensions herein specified for an off-street loading berth.
   5. All such parking space in a Residential District shall be surfaced with some all-weather dustless material.
   6. No such parking space shall be located less than ten feet from any front lot line.
   7. No such parking space shall be located less than five feet from any side or rear lot line.
   8. The provisions of § 153.31 shall apply.
   9. Schedule of off-street parking spaces.
      1. Clinics and offices of physicians shall provide three such parking spaces for each staff or visiting physician plus one such parking space for each other employee.
      2. Business, professional, financial and office buildings, other than noted in division (9)(a) above, shall provide one such parking space for every 100 square feet of floor use.
      3. Retail stores shall provide one such parking space for every 100 square feet of floor area.
      4. Farm businesses shall provide one such parking space for each employee not being on the premises.
7. Off-street loading berths. Off-street loading berths for commercial establishments shall be provided as follows:
   1. All such loading berths shall be located on the same lot or tract of land as the establishment served except when serving adjacent establishments when the loading berth requirements are sufficient to serve both such establishments.
   2. No such loading berth in a Residential District shall be located less than 50 feet from the building restriction line of a dwelling or residential building unless such loading berth is screened from view by a fence, wall, or hedge at least 75% solid and at least six feet in height.
   3. No such loading berth shall be located within 50 feet from the nearest point of intersection of two streets.
   4. Such loading berth shall be designed with means of vehicular access to street or alley which will least interfere with traffic movement.
   5. Such loading berth in a Residential District shall be improved with a compacted base at least six inches thick and shall be surfaced with at least two inches of some all-weather dustless material.
   6. No such loading berth shall be located less than ten feet from any front lot line.
   7. No such loading berth shall be located less than five feet from any side or rear lot line.
   8. The provisions of § 153.31 shall apply.
   9. No vehicle repair or service work shall be performed on any such loading berth located in a Residential District.
   10. All such loading berths shall have a vertical clearance of at least 14 feet. Penalty, see § 153.999

1. An application for one of the special uses of land specified in § 153.142 may be made by filing a written application or petition to the Village Board in quintuplicate, in the office of the Zoning Officer. Such application shall:
   1. State the name and address of the applicant (and the name and address of the owner of record, if applicant is not the owner);
   2. State the location of the property for which the special use is sought;
   3. Request the specific special use desired;
   4. State facts sufficient to demonstrate that the conditions prescribed in § 153.141 exist and support such statement with any plans and/or data necessary for a proper understanding of the application or such plans and/ or data as are recommended by the Zoning Officer or the Village Board.
2. The original copy of such application or petition shall be retained by the Zoning Officer and the duplicate copies shall be transmitted to the Village Clerk for the records of the Village Board.

1. If the application for special use is in proper form, the Zoning Officer shall set a hearing date for the application and shall cause a notice of the time and place of such public hearing to be published in a newspaper of general circulation in the village not less than 15 days nor more than 30 days prior to the date of hearing. Such notice shall contain the particular location for which the special use is requested as well as a brief statement describing the special use.
2. Within five days after publication, a copy of such published notice shall be mailed to the applicant at the address given in such application, and a copy shall be mailed or delivered to the Village Clerk with the certificate of the publisher attached.
3. If the application is not in proper form, the Village Board shall notify the applicant in writing, and send a copy of such communication to the Village Clerk, and no hearing shall be set nor notice published until a proper application is filed.

1. A public hearing on the application for special use shall be conducted by the Zoning Board on the date set in accordance with the general rules for meetings.
2. After the hearing, the Zoning Board shall make a report of their findings to the Village Board, and in the report shall indicate their approval or disapproval of the special use applied for. Every report shall contain a finding of fact specifying the reason for the Zoning Board's recommendations of approval or disapproval. Such report may also recommend that special conditions and safeguards for the protection of the public health, safety and welfare be imposed by the Village Board if it grants the application for special use.

1. Upon the report of the Zoning Board, the Village Board may, by ordinance, without further public hearing, grant the application or petition for the special use or they may refer it back to the Zoning Board for further consideration.
2. An ordinance granting an application for special use may be adopted by the majority vote of the Village Board, regardless of the recommendation of the Zoning Board except in those cases where a written protest against the granting of such special use is filed with the Village Clerk signed and acknowledged by the owners of 50% of the frontage immediately adjoining, across an alley therefrom, or directly opposite the frontage for which the special use is sought. In these cases, a two-thirds vote of the members of the Village Board present and voting at a meeting at which a quorum is present shall be required. A written protest shall be filed in the office of the Village Clerk at least five days before the Village Board meeting next following the Zoning Board hearing. The Village Clerk shall forward the same to the Chairman of the Village Board's Zoning Committee.
3. Every ordinance granting an application for special use shall contain a finding of fact specifying the reason for granting same and shall specify any special conditions or safeguards for the protection of the public health, safety, and welfare which the Village Board may impose.

1. If a special use that has been granted is not implemented within one year from the date of enactment by application for and issuance of a permit according to plans as presented and approved, that special use shall be rescinded, and the land area involved shall revert to the zoning use that existed at the time of the grant of the special use.
2. A special use about to expire may be extended for a year by application for renewal through the same process as required for the initial grant of such use.

No existing structure shall be converted to a single-family, two-family, or multi-family dwelling on the ground floor, no existing structure shall be demolished and replaced by a single-family, two-family, or multi-family on the ground floor, no vacant lots shall have erected on it a single-family, two-family, or multi-family dwelling on the ground floor of any property zoned in the Commercial or Industrial District unless the following requirements are met:

1. Prior to occupancy the dwelling unit on the first floor shall be inspected to determine if the dwelling unit complies with the Fire Code of the State of Illinois and, if applicable, the Mackinaw Fire Protection District. The inspection shall be completed by the Fire Code Officer of the Mackinaw Fire Protection District. In the event the Mackinaw Fire Protection District does not have a Fire Code Officer then the inspection shall be made by a Fire Code Officer hired by the village and the applicant shall pay for all charges imposed by the Fire Code Officer.
2. At least two off street parking spaces shall be furnished for each first-floor dwelling.
3. Each dwelling, unit including each first-floor dwelling unit, shall have at least two separate exits that comply with the Fire Code of the State of Illinois and if applicable the Fire Code of the Mackinaw Fire Protection District.
4. Each dwelling unit, both on the first floor and if applicable any other floors, shall comply with the Tazewell County Health Department Codes that apply to dwelling units.
5. All other requirements of the zoning ordinances of the village shall apply including but not limited to the minimum square footage requirement for each dwelling unit. (Ord. 924, passed 11-14-16)