A.

Certain uses cannot be allowable generally in a particular zoning district or in any zoning district, because of the impact their special character creates on surrounding areas.

B.

Some such uses may, however, be allowed under special conditions. These uses are provided for in this chapter as conditional uses.

C.

Because a conditional use is compatible with the applicable zoning district only under special conditions, a conditional use permit is required before any use authorized herein as a conditional use may be established.

D.

Except as specifically provided in this chapter, all regulations of the applicable zoning district, and all other applicable regulations of this title and other city ordinances, shall apply to conditional uses.

(Ord. No. 88-ZO-1 § 5(part), 1989)

Conditional uses shall be approved only if conformance with the filing procedures outlined below and the approval criteria in Table 7 of Section 17.54.080.

A.

Certain uses cannot be allowable generally in a particular zoning district or in any zoning district, because of the impact their special character creates on surrounding areas.

1.

The name, address and phone number of the applicant and name of the development, if any;

2.

Legal descriptions of the subject property as a whole and each phase thereof;

3.

The names, addresses and phone numbers of any developer, site planner or engineer involved in project plans;

4.

The location of the property to be affected by the action requested;

5.

A description of the action requested;

6.

A nonrefundable filing fee;

7.

A retained-personnel fee deposit;

8.

Descriptions of the present and proposed uses of the property;

9.

A complete disclosure of interest;

10.

A typewritten list of all owners of record of property abutting the subject property;

11.

The zoning district classifications of the subject property and all abutting properties;

12.

A current plat of survey as defined herein of the subject property;

13.

A site plan meeting the requirements below;

14.

Performance standards certification and data (for industrial uses only);

15.

Statement of reasons why applicant believes action requested conforms to applicable approval criteria;

16.

Renderings. Architectural renderings showing substantial design intent for proposed structures but not necessarily final design detail (may be required if considered necessary by the zoning board or code enforcement official);

17.

Traffic Analysis. A professional analysis of estimated traffic generated by the completed development per day and during a.m. and p.m. peak hours, the impact on existing traffic loads in the vicinity, and street construction or traffic control measures needed to accommodate the new traffic (may be required if considered necessary by the zoning board or code enforcement official);

18.

School Capacity. Evidence of capacity of all affected public school districts to handle the enrollment likely to be generated by the development (may be required if considered necessary by the zoning board or code enforcement official);

19.

Any other information the zoning board requires to determine whether the application conforms to the requirements of this title.

B.

Required Contents of Site Plan.

1.

Twenty copies of site plan showing:

a.

Scale: One hundred feet to one inch (or other such scale as the code enforcement official or zoning board shall require);

b.

Numeric and graphic scales, north arrow, and date of preparation;

c.

Boundaries of the development and of each phase thereof;

d.

Lot lines and dimensions and areas of lots;

e.

Easements and encroachments;

f.

Data indicating for each development phase:

i.

Number of dwelling units broken down by number of bedrooms,

ii.

Number of lots,

iii.

Gross and net site area,

iv.

Land area devoted to gross and net site area, streets, off-street parking, off-street loading, uncovered space, nonvehicular space, recreation space and each housing and land use type;

g.

Parking, Loading and Service. Location, shape, dimensions and area of off-street parking and loading spaces and areas, outside storage and refuse disposal and service areas, including aisles, curbing, surface type, driveways and curb cuts;

h.

Circulation. Existing and proposed number, location, alignment, dimensions, design and construction standards of all public and private thoroughfares, sidewalks, pedestrian and bicycle paths, railroad rights-of-way, curb cuts and driveways, and distance of property lines to nearest existing intersections;

i.

Subsurface Conditions. Data on subsurface soil, rock and groundwater conditions.

C.

Approval Procedure Steps.

1.

Hearing before zoning board of appeals;

2.

Zoning board action;

3.

City council action;

4.

Permit issuance by code enforcement official.

(Ord. No. 88-ZO-1 § 5(part), 1989)

A.

Conditional uses as provided in this chapter shall be considered the same as special uses provided under state statute. Lawful special uses granted to a property prior to the effective date of the ordinance codified in this title shall be considered lawful conditional uses without the need for approval of a conditional use permit hereunder, whether or not such special use is authorized as a conditional use in the applicable zoning district herein. Where such a use is a permitted use in the applicable district, conditional use status shall not be applicable.

B.

Any expansion of, addition to or structural alteration of such a use shall, however, require the approval of a conditional use permit.

(Ord. No. 88-ZO-1 § 5(part), 1989)

A.

In evaluating the suitability of a proposed conditional use, the zoning board and city council shall examine the following characteristics of the proposed use and its individual structures or components:

1.

Location and orientation;

2.

Lot size;

3.

Size of facility, including floor area, structure height, design capacity and anticipated employment;

4.

Site design and arrangement;

5.

Provisions affecting on-site and off-site pedestrian and traffic movement, vehicle storage and the passage of emergency vehicles;

6.

Appearance;

7.

Screening or landscaping;

8.

On-site or off-site buffering from incompatible uses with open spaces or transitional uses;

9.

Operations factors, such as hours of use or environmental controls;

10.

Other characteristics of the proposed use pertinent in the judgment of the zoning board or city council to an assessment of the impact of the use on the area.

B.

The zoning board or city council may call upon technical experts or have studies performed to determine specific development standards or conditions for any particular conditional use with the expense thereof to be paid by the applicant.

(Ord. No. 88-ZO-1 § 5(part), 1989)

The code enforcement official shall issue a conditional use permit after approval thereof by the city council unless the city council directs otherwise. Such permit shall specify any conditions, restrictions and time limits to which the council has made its approval subject.

(Ord. No. 88-ZO-1 § 5(part), 1989)

A conditional use permit may be revoked by the city council:

A.

If any condition or restrictions are not complied with within the time limit specified on the permit;

B.

If after they are initially complied with, compliance with such conditions or restrictions is not maintained at any time;

C.

If the conditional use is not established, or a required building permit is not obtained and building started, within one year of the date the permit is issued;

D.

If the conditional use shall cease for more than one year.

(Ord. No. 88-ZO-1 § 5(part), 1989)

Any expansion, enlargement or structural alteration of a conditional use shall require an additional conditional use permit.

(Ord. No. 88-ZO-1 § 5(part), 1989)

In recommending approval or conditional approval of a conditional use, the zoning board shall transmit to the city council written findings of the fact that on the basis of the characteristics cited under Section 17.54.030 or changes to such characteristics that the zoning board recommends, the proposed use will be compatible with existing uses in the area, and with permitted uses in the zoning district, in the ways specified in this table. The city council shall not be found by the recommendation of the zoning board. However, in granting approval or conditional approval, the city council shall find that the proposed use will be compatible with such uses in the following ways:

A.

Traffic. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized.

B.

Environmental Nuisance. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled.

C.

Neighborhood Character. The proposed use will fit harmoniously with the existing natural or manmade character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values or neighborhood character already existing in the area or normally associated with permitted uses in the district.

D.

Public Services and Facilities. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generated disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area.

E.

Public Safety and Health. The proposed use will not be detrimental to the safety or health of the employees, patrons or visitors associated with the use nor of the general public in the vicinity.

F.

Other Factors. The proposed use is in harmony with any other elements of compatibility pertinent in the judgment of the city council to the particular conditional use or its particular location.

(Ord. No. 88-ZO-1 § 5(part), 1989)

A.

Adult Uses and Entertainment.

1.

Definitions: The definitions contained within Section 5.93.020 of the Park City Municipal Code entitled "definitions" is hereby incorporated into this section, and shall define the terms used herein, with the addition that an "adult use" shall be defined as "any business that provides sexual entertainment or services to customers, including, but not limited to, adult entertainment establishments, or adult booths, and any part or combination thereof."

2.

All adult uses shall comply with all federal and Illinois Statutes and Regulations, and with all rules and regulations contained within the Park City Municipal Code and the Park City Zoning Ordinance.

3.

Submittal Requirements: After a pre-application meeting with building commissioner, in addition to all other submittal requirements contained in Section 17.54.020 of the Park City Zoning Ordinance, an applicant for a conditional use permit for an adult use shall be required to submit plans and documents as deemed necessary to evaluate the adult use's effect on the community, including, but not limited to, a plat of survey, a site plan, engineering plan, architectural plans and elevations, building material samples, lighting plan, signage plan, business and operational plan, security plan, traffic impact statement, community deleterious prevention plan, and any document required for applications for any license required for an adult use.

4.

Special Setbacks: For those areas that qualify for the location of an adult use, only as a conditional use, the following special setbacks and landscaping, as measured from the property lines where the adult use is to be located, shall be required at a minimum as follows:

a.

An adult use shall be setback a minimum of two hundred feet from a property line that abuts, or is across the street from, a property line within a residential zoning district.

b.

An adult use shall be setback a minimum of fifty feet from a property line that abuts, or is across the street from, a property line that is within a non-residential zoning district.

5.

Minimum Landscaping: For those areas that qualify for the location of an adult use, only as a conditional use, the following minimum required landscaping, upon property where the adult use is to be located, shall be required at a minimum as follows:

a.

Planting material shall be provided at a rate of two shade trees, two ornamental trees, and ten shrubs (or their equivalent) per each one hundred lineal feet.

b.

Landscaping in parking areas shall at a minimum meet the requirements of Section 17.53.100 entitled "Landscaping and screening," subject to the conditional use review process.

6.

Off Street Parking and Loading: In addition to the requirements of Chapter 17.53 of the Park City Zoning Ordinance entitled "Off-Street Parking and Loading," the following requirements shall apply to adult uses:

a.

Parking areas shall be located in an area which is visible from a public road or a private road that is accessible to the public.

b.

Parking areas shall be well lit and monitored by video surveillance equipment whose live images can be viewed by the staff of the adult use and shall be recorded and maintained for a time period as established as part of the conditional use review process.

7.

Traffic Impact: A traffic impact statement shall be provided with any application submittal that will provide an analysis of items such as, but not limited to, peak traffic trip generation, access arrangements, existing and proposed area roadway condition, automobile queuing and stacking, and parking. The Traffic Impact Statement will provide estimates of costs to improve roadway infrastructure to accommodate any increase in demand on the area roadway network.

8.

Building Requirements: An adult use shall be the sole use of a single lot, parcel, and/or property and located in a detached, single tenant building.

9.

Exterior Display: No adult use shall be maintained or operated in a manner that causes, creates or allows the public viewing of adult material from any sidewalk, public or private right-of-way or any property other than the lot on which the adult use is located. No portion of the exterior of the adult use, including signage, shall utilize or contain the word "adult," "strip," "sex," or any sexual symbols or language or variant thereof; pictures, silhouettes, or depictions of any part of the human body; or any language or imagery depicting adult material; flashing lights; search lights or spot lights, or any similar lighting system.

10.

Signage and Advertising:

a.

Signage shall comply with the standards of the underlying zoning district.

b.

Electronic message boards and temporary signs are not permitted.

c.

A sign shall be posted in a conspicuous place at or near all entrances and exits and shall indicate the age restriction for any person, either as a patron or an employee to enter the adult-use establishment. The required text shall be no larger than one inch in height.

11.

Hours of Operation: An adult use shall operate only during the hours established by the business license issued by the city of Park City for the specific adult entertainment establishment.

12.

Drive-Through Service Windows: An adult use may not have a drive-through service window.

13.

Security and Video Surveillance: As part of the conditional use review process an adult-use applicant shall provide to the city a security plan that at a minimum provides that:

a.

The adult use shall be in an enclosed building and shall provide and maintain adequate security on the premises, including lighting, video surveillance and alarms reasonably designed to ensure the safety of persons and to protect the premises from theft;

b.

The parking area, client entrance, sales area, back room, storage areas and delivery bay and entrances shall be monitored by video surveillance equipment whose live images can be viewed by the staff of the adult use, and shall be recorded and maintained for a time period as established as part of the conditional use review process.

c.

A sign shall be posted in a prominent location which includes the following language "This area is under live/recorded video surveillance to aid in the prosecution of any crimes committed against this adult use or its patrons.";

d.

The Park City Police Department shall review and approve prior to the hearing on the conditional use permit the adequacy of lighting, security and video surveillance installations, and report its findings to the zoning board of appeals;

e.

Any employee or other person associated with the adult use shall report all criminal activities to the Park City Police Department immediately upon discovery; and

f.

Deliveries shall occur during normal business hours.

14.

Conduct on Site: Loitering is prohibited on an adult-use property.

B.

Adult-Use Cannabis Dispensing Facilities, Adult-Use Cannabis Cultivation Centers, Medical Cannabis Dispensing Facilities, and Medical Cannabis Cultivation Centers.

1.

Purpose and Applicability: It is the intent and purpose of this paragraph B to provide regulations regarding adult-use cannabis dispensing facilities, adult-use cannabis cultivation centers, medical cannabis dispensing facilities, and medical cannabis cultivation centers located within the corporate limits of the city. Said facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027) and the Compassionate Use of Medical Cannabis Program Act (P.A. 98-122), as it may apply to each use, as may be amended from time-to-time, and regulations promulgated thereunder, and the regulations provided in the Park City Municipal Code. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply.

2.

Conditional Use: Adult-use cannabis dispensing facilities, adult-use cannabis cultivation centers, medical cannabis dispensing facilities, and medical cannabis cultivation centers shall be a conditional use in the respective district in which they are allowed, and shall be processed in accordance Chapter 17.54 of this code entitled "Conditional Uses" and this section.

3.

Criteria for Adult-Use Cannabis Dispensing Facilities, Adult-Use Cannabis Cultivation Centers, Medical Cannabis Dispensing Facilities, and Medical Cannabis Cultivation Centers: In addition to the standards provided in Chapter 17.54 of this code entitled "Conditional Uses," and in Chapter 5.55 of this code entitled "Cannabis," the following additional criteria shall be used in evaluating the suitability of a proposed adult-use cannabis dispensary, adult-use cannabis cultivation center, medical cannabis dispensary, or medical cannabis cultivation center to be located upon a property located within the city:

a.

Impact of the proposed facility on existing planned uses located within the vicinity of the subject property.

b.

Proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, security installations/security plan and building code compliance.

c.

Hours of operation and anticipated number of customers/employees for the facility.

d.

Anticipated parking demand and available private parking supply for the facility.

e.

Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways for the facility.

f.

Site design, including access points and internal site circulation of the facility.

g.

Proposed signage plan for the facility.

h.

Compliance with all applicable requirements of the Park City Municipal Code.

i.

Any other criteria determined to be necessary by the city to assess suitability of the facility for the area in which it is proposed to be located.

4.

Requirements for establishing and operating Adult-Use Cannabis Dispensing Facilities, Adult-Use Cannabis Cultivation Centers, Medical Cannabis Dispensing Facilities, and Medical Cannabis Cultivation Centers: In addition to the requirements contained within the Park City Municipal Code, an adult-use cannabis dispensing facility, adult-use cannabis cultivation center, medical cannabis dispensing facility, and medical cannabis cultivation center must meet the following requirements:

a.

Site Plan Review: All adult-use cannabis dispensing facilities, adult-use cannabis cultivation centers, medical cannabis dispensing facilities, and medical cannabis cultivation centers shall be subject to all applicable site plan review standards as required by this Title 17. Applicants for adult-use cannabis dispensing facility, adult-use cannabis cultivation center, medical cannabis dispensing facility, and medical cannabis cultivation center approval must submit a site plan as part of the conditional use application. The city may impose additional setback, landscaping, screening, and buffering requirements on an adult-use cannabis dispensing facility, adult-use cannabis cultivation center, medical cannabis dispensing facility, and medical cannabis cultivation center to mitigate impacts on surrounding properties.

b.

State Licensing: Applicants seeking conditional use approval for an adult-use cannabis dispensing facility, adult-use cannabis cultivation center, medical cannabis dispensing facility, and medical cannabis cultivation center must submit a complete copy of their license application and all plans submitted to the State of Illinois, or any agency thereof, as part of their conditional use application. Before issuance of a certificate of occupancy or otherwise opening to the public, cannabis business establishments must provide a copy of their license to operate from the relevant state agency. Any issued conditional use permit, for which an applicant fails to file a copy of the above required license with the city, shall be null and void.

c.

Compliance with State Regulations and Rules: All adult-use cannabis dispensing facilities, adult-use cannabis cultivation centers, medical cannabis dispensing facilities, and medical cannabis cultivation centers shall comply with the Cannabis Regulation and Tax Act, as amended, and the Compassionate Use of Medical Cannabis Program Act, as amended, as it may apply to each use, and all rules and regulations adopted in accordance thereto.

d.

Odor Control: All adult-use cannabis dispensing facilities, adult-use cannabis cultivation centers, medical cannabis dispensing facilities, and medical cannabis cultivation centers must submit a plan for the control of cannabis odors from the subject property as part of its conditional use application and must comply with said plan in the operation of said facility.

e.

Security: All adult-use cannabis dispensing facilities, adult-use cannabis cultivation centers, medical cannabis dispensing facilities, and medical cannabis cultivation centers must submit a security plan as part of the conditional use application, which must be approved by the chief of police. The facility must operate in compliance with said approved plan.

f.

Drive-Thru Windows and Vending Machines Shall be Prohibited: No adult-use or medical cannabis dispensary may have a drive-through service or vending machine(s) that dispenses cannabis.

g.

Cannabis Dispensary Parking: Adult-use or medical cannabis dispensaries are required to have a minimum of four parking spaces per one thousand square feet of floor area (and as additional spaces as determined by the city council to meet the parking demand of the facility), and are required to have a written security plan for deliveries of cannabis product on file with the Park City Police Department, that is approved by the Park City Chief of Police (see Table 6 in Section 17.53.280). Adult-use or medical cannabis cultivations centers shall have a minimum of one parking space for each employee, and as many additional spaces as determined by the city council to meet the parking demand of the facility).

h.

Traffic Study: Adult-use cannabis dispensing facilities, adult-use cannabis cultivation centers, medical cannabis dispensing facilities, and medical cannabis cultivation centers must submit a study showing the impact of the proposed business relative to access, on-site circulation, parking, and the surrounding roadway network as part of the conditional use application. Said study shall only be required to be performed by a professional traffic consultant if required by the city engineer.

i.

Cannabis Waste: All adult-use cannabis dispensing facilities, adult-use cannabis cultivation centers, medical cannabis dispensing facilities, and medical cannabis cultivation centers must submit a plan for the recycling and destruction of cannabis waste as part of the conditional use application, and all cannabis business establishments must comply with all state, county, and city regulations governing cannabis waste.

j.

Prohibition: No adult-use cannabis dispensing facility, adult-use cannabis cultivation center, medical cannabis dispensing facility, or medical cannabis cultivation center may allow the smoking, inhalation, or consumption of cannabis on the premises in any form. A sign, with the dimensions at least eight and one-half by eleven inches in size, shall be posted inside said establishment in a conspicuous place and visible to patrons and shall include the following language: "Smoking, eating, drinking or other forms of consumption of cannabis products is prohibited on the premises of this establishment."

(Ord. No. 2014-ZO-02, § 8, 8-7-2014; Ord. No. 2022-ZO-01, §§ VI, VII, 1-20-2022)

For definitions of terms in Chapter 17.54 refer to Chapter 17.64.

(Ord. No. 88-ZO-1 § 5(part), 1989)

(Ord. No. 2014-ZO-02, § 7, 8-7-2014)

Editor's note— Ord. No. 2014-ZO-02, § 7, adopted August 7, 2014, renumbered § 17.54.090 as 17.54.100.