Thornton City Zoning Code
CHAPTER 11
9 Special Uses
§ 11-9-1 Purpose.
[1983 Code; amended 2-19-2001; 12-4-2006]
A.
The principal objective of this Title is to provide for an orderly arrangement of uses of compatible building and land uses and for the proper location of all types of uses required for the social and economic welfare of the Village. To accomplish this objective, each type and kind of use is classified as permitted in one or more of the various districts established by this Title. The uses set forth in this Title, however, because of their unique characteristics, only can be located properly in some district or districts upon consideration in each case of the impact of such a use at the particular location. Such uses, hereby designated as special uses, fall into two categories:
1.
Uses either municipally operated, or operated by regulated public utilities or uses traditionally affected with a public interest; and
2.
Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
§ 11-9-2 Permitted special uses.
[1983 Code; amended 8-7-2000; 2-19-2001; 12-4-2006; 8-4-2014(1); 6-7-2021; 3-18-2019; 10-21-2019]
The Village Board of Trustees shall have authority, following review by the Zoning Board of Appeals, to permit the following uses of land or structures, or both, subject to conditions contained herein, if it finds that the proposed location and establishment of any such uses will be desirable or necessary to the public convenience or welfare and will be harmonious and compatible with other uses adjacent to and in the vicinity of the selected site or sites.
Use | District Allowed In | |
|---|---|---|
Adult use | I District | |
Adult-use cannabis business establishment | I District | |
Airport, heliport, landing field or landing strip | Any use district, subject to the Federal Aeronautics Administration certifying that a new or reoriented runway will not interfere with the flight pattern of any established airport, landing field or landing strip | |
Auditorium, stadium, arena, armory, fitness center, gymnasium and other similar places for public events | B-3 or I Districts | |
Automotive repair | B-3 or I District | |
Billboard signs | I District | |
Cemeteries, crematories or mausoleums | Any use district | |
Community residences - small, located less than 1,000 feet from another community residence or state does not require licensing and/or certification, provided: | Any "R" district *Cross references: See also definition of "Residential-care home, small," § 11-1-3 | |
(a) | The President and Board of Trustees find that the cumulative effect of such uses would not alter the residential character of the neighborhood, would not create an institutional setting, and its operation would not create an adverse effect on surrounding properties (NOTE: Expert proof should be submitted to support these findings.) | |
(b) | Prior to occupancy, a certificate of zoning compliance is applied for and received* | |
Community residences - large, subject to the following conditions: | "B" use District *Cross references: See also definition of "Residential-care home, large," § 11-1-3 | |
(a) | No such residence shall be located less than 1,000 feet from a community residence; provided, however, that this spacing requirement may be waived if the President and Board of Trustees find that the cumulative effect of such uses would not alter the residential character of the neighborhood, would not create an institutional setting, and by its operation would not create an adverse effect on surrounding properties | |
(b) | Prior to admitting residents, the operator of such residence shall demonstrate that the dwelling will comply with all applicable licensing and code standards | |
(c) | Applicant shall submit a statement of the exact nature of the residence, the qualifications of the agency that will operate the residence, the number and type of personnel who will be employed, and the number and nature of the residents who will live in the residence | |
(d) | The residence shall, to the extent possible, conform to the type and outward appearances of the residences in the area in which it is located | |
(e) | Prior to occupancy, a certificate of zoning compliance is applied for and received* | |
Dry cleaning: one dry-cleaning machine at the site of a dry-cleaning receiving station | B-2 Business District | |
Firearms dealer | I Districts | |
Gaming café | B-2 Business District | |
Golf courses, public or private | Any use district | |
Hospitals or sanitariums, public or private | Any use district | |
Medical cannabis cultivation center | I District | |
Medical cannabis dispensing organization | Any I or B Districts | |
Municipal or privately owned recreation building or community center; municipal parking lots | Any use district | |
Police station or fire station | Any use district | |
Public buildings, including art galleries, libraries, museums or similar structures | Any use district | |
Public parking area | Any use district | |
Public or private park, playground or private club | Any use district | |
Public or privately owned and operated fairgrounds, permanent carnivals, "kiddie parks" or other similar amusement centers | B-3 or I Districts | |
Public utility facilities, i.e., filtration plant, water reservoir or pumping station, heat or power plant, transformer station and other similar facilities | Any use district | |
Radio and television transmitting or antenna towers (commercial) and other electronic equipment requiring outdoor structures, and including antenna towers used for the sending of private messages, but not including private receiving aerials or antennas | Any B District | |
Railroad right-of-way | Any use district | |
Rest homes and nursing homes not to exceed one story in height | Any use district | |
Schools; elementary, high and college (public or private) | Any R District | |
Any use district | ||
Wireless service facilities | I or any B District | |
Any retail or service use not listed as permitted in any B District | B-3 District | |
§ 11-9-3 Conditions of approval.
[1983 Code; amended 12-4-2006]
The Zoning Board of Appeals (see Title 3, Chapter 3-5, of this Code) may recommend, and the Village Board of Trustees may impose such restrictions upon the height, bulk and area of occupancy of any structure so approved for special use as may be reasonable under the particular circumstances, provided that such restrictions and stipulations shall not be more restrictive than the requirements established for the district in which such structure is proposed to be located, or as may be required in this Code. Off-street parking facilities as well as off-street loading and unloading spaces may also be stipulated in the order permitting the special use.
§ 11-9-4 Procedure for application.
[1983 Code; amended 12-4-2006; 10-21-2019]
The procedure to be followed in considering applications for special uses shall be as follows:
A.
Processing Applications. An application verified by the owner or authorized agent of the owner of the property involved shall be filed with the Village Clerk for the attention of the Zoning Board of Appeals upon a form prescribed therefore, which shall contain or be accompanied by all required information.
B.
Public Hearing. Upon receipt of such verified application, the Village Clerk shall notify the Clerk of the Zoning Board of Appeals, or in his absence, the vice-chairman, who shall give notice of a public hearing in the same manner provided for hearings on the reclassification of property, as contained in §§ 11-10-4B and 11-10-6C of this Title. A record of pertinent information presented at the public hearing shall be made and maintained by the Zoning Board of Appeals as part of the permanent record relative to the application.
C.
Authority. The Zoning Board of Appeals shall then make its findings and recommendations to the Village Board of Trustees within 30 days following the date of public hearing on each application. The Board of Trustees may then approve with conditions or deny a special use based on evidence that, beyond reasonable doubt, such proposed use:
1.
Is consistent with all applicable provisions of the Comprehensive Plan as contained in Title 12, Subdivision Regulations.
2.
Is necessary and desirable at the particular location requested to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community.
3.
Will not under the circumstances of the particular case, be detrimental to the health, safety, morals or general welfare of persons residing or working in the vicinity or injurious to property values or improvements in the vicinity.
4.
Can demonstrate that adequate public facilities, including roads, drainage, potable water, sanitary sewer, and police and fire protection exist or will exist to serve the requested use at the time such facilities are needed.
5.
Can demonstrate adequate provision for maintenance of the use and associated structures.
6.
Has minimized, to the degree possible, adverse effects on the natural environment.
7.
Will contain provisions for safe and effective traffic control.
8.
Will comply with the regulations and conditions specific in this Title for such use, and with the stipulations and conditions made a part of the authorization by the Village Board of Trustees.
D.
Period of special use. Absent an extension granted by the President and Board of Trustees, special use approval shall automatically become null and void unless construction is completed within one year of Village Board approval.
§ 11-9-5 Planned developments.
[1983 Code; amended 12-4-2006]
Planned developments, as defined in § 11-1-3 of this Title, are of such substantially different character from other special uses that specific and additional standards and exceptions are hereby set out to govern the recommendations of the Zoning Board of Appeals and the action of the Village Board of Trustees.
A.
Use Exceptions. In the case of residential, business or industrial planned developments, the Zoning Board of Appeals may recommend and the Village Board of Trustees may authorize that there be in part of the area of such development and for the duration of such development, specified uses not permitted by the use regulations of the district in which said development is located; provided the Zoning Board of Appeals shall find that:
1.
The uses permitted by such exception are necessary or desirable and are appropriate with respect to the primary purpose of the development;
2.
The uses permitted by such exception are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood, nor will the development substantially change the character or intent of the district in which it is located; and
3.
In an industrial planned development, such additional uses allowed by exception shall conform with the performance standards of the district in which the development is located.
B.
Exception to Bulk Regulations. In the case of any planned development, the Zoning Board of Appeals may recommend and the Village Board of Trustees may authorize exceptions to the applicable bulk regulations of this Title within the boundaries of such development; provided that the Zoning Board of Appeals shall find that:
1.
Such exception shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such development as well as to neighboring properties than would obtain under the bulk regulations of this Title for buildings developed on separate zoning lots.
2.
The overall bulk of buildings of the development shall not exceed that prescribed in this Title for the district in which it is located.
3.
The minimum lot area per dwelling unit requirements of this Title shall be adhered to in any such development containing residential uses, and there shall be available to each residential building and immediately adjacent thereto (including the land area upon which it is erected), the minimum amount of land area required herein.
4.
Spacing between principal buildings shall be at least equivalent to such spacing as would be required between the buildings similarly developed under the terms of this Title on separate zoning lots, due consideration being given to the openness normally afforded by intervening streets and alleys.
5.
Along the periphery of such planned developments, yard shall be provided as required by the regulations of the district in which said development is located.
C.
Requirements. At the time application for a special use permit is made, the applicant shall submit to the Board of Trustees a detailed tentative development plan for the proposed use and development of the tract of land as a planned development. Such tentative development plan shall include the following:
1.
A tentative site plan indicating the areas to be developed for buildings, the anticipated total gross floor space, the areas to be developed for parking, the points of ingress and egress, including access streets where required, and the adjustments to be made in relation to abutting land uses and zoning districts.
2.
A traffic survey prepared by a traffic consultant setting forth and analyzing the effects of the proposed planned development upon traffic in and outside of the Village, and such survey shall not be limited to the effect on adjacent streets, but shall extend to all of the surrounding areas affected and shall indicate the anticipated points of origin, the direction, amount and density of traffic flow to and from the proposed planned development.
3.
An architect's preliminary sketches of the proposed planned development.
D.
Plan Commission Review. Upon receipt of the application for special use permit and the tentative development plan as aforesaid, the Board of Trustees shall refer a copy of the application and tentative development plan to the Plan Commission for a study and report thereon. The Plan Commission's report to the Board of Trustees shall be made within 30 days from the date of the reference to the Plan Commission. In its report, the Plan Commission shall make such recommendations as it considers desirable and in the public interest.
E.
Board of Trustees' Approval. Upon receipt of the report of the Plan Commission, the Board of Trustees may approve or disapprove the tentative development plan and shall proceed to issue or deny a special use permit in accordance with the provisions of this section; provided, that any special use permit issued hereunder shall be strictly conditioned upon the submission, within 180 days from the date of its issuance, of a final development plan conforming as nearly as practicable to the tentative development plan as approved.