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Tuscola City Zoning Code

STANDARDS AND

REQUIREMENTS FOR SPECIAL USES

§ 156.115 GENERAL STANDARDS.

   (A)   The Plan Commission shall review the particular facts and circumstances of each proposed special use in terms of the following standards and requirements and shall find adequate evidence showing that such use at the proposed location:
      (1)   Is in fact, a special use in § 156.092 for the zoning district in which it would be located;
      (2)   Will be harmonious with and in accordance with the general objectives, or with any specific provision, of the city Comprehensive Plan or zoning code.
      (3)   Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general character of the general vicinity and that such use will not change the essential character of the same area;
      (4)   Will not be hazardous or disturbing to the existing or future neighboring uses;
      (5)   Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;
      (6)   Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
      (7)   Will not involve uses, activities, processes, materials, equipment, or conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors;
      (8)   Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on the surrounding public thoroughfares;
      (9)   Will not result in the destruction, loss, or damage to cultural, scenic, or historic features;
      (10)   In the case of mobile home parks, has followed the procedures and has satisfied the standards and requirements of § 156.118; if the provisions of § 156.118 conflict with any other provisions of this subchapter, the provisions of § 156.118 shall prevail;
      (11)   In the case of special uses in the FP Floodplain District, complies with all applicable regulations in § 156.119. An explanation of the relation between regulations for the Floodplain District and regulations for the underlying T, I, B, or D Districts, including regulation of special uses, is provided in division (A)(3) hereof.
   (B)   All special uses, in all zoning districts, require a special use permit which must be applied for to the Plan Commission and approved by the City Council. The procedure for application and approval of special use permits is set forth in §§ 156.033 through 156.042.
(Ord. 80-0-24, passed 1-12-81)

§ 156.116 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.

   In granting any special use permit, the Plan Commission may prescribe for any structure so approved restrictions on height and bulk which are deemed reasonable and which are in conformity with this chapter provided that such restrictions shall not be more restrictive than the requirements established for the district in which such structure is proposed to be located. Violation of such conditions and safeguards, when made part of the terms under which the special use is granted, shall be deemed a violation of this chapter and punishable under § 156.999.
(Ord. 80-0-24, passed 1-12-81) Penalty, see § 156.99

§ 156.117 STANDARDS AND REQUIREMENTS FOR SPECIFIC SPECIAL USES.

   In addition to §§ 156.115 and 156.116 the Plan Commission may recommend and the City Council approve, the special uses listed in division (B) hereof. Special uses shall comply with the standards and requirements provided therein. These standards and requirements shall apply only where a use is listed as a special use in the zoning district in which it is or would be located. Where a use is listed as permitted in a zoning district, the regular zoning district standards and requirements shall apply. In the case of a use being listed as a special use in the FP, Floodplain District the standards and requirements listed in the following schedule shall apply only where the use is also listed as a special use in the underlying T, D, B, or I District. Otherwise, a use listed as a special use shall be subject only to the provisions of § 156.125(A)(1). The following table is provided to clarify the relation between regulations for the FP, Floodplain District and regulations for the underlying T, D, B, or I Districts.
   (A)   The relation between regulations in the FP, Floodplain District and regulations for the underlying T, D, B, and I Districts.
   If use is listed in the underlying T, D, B, or I District as:
 
Permitted
Special
If use is listed in the FP, Floodplain District as:
Both regulations applying to all uses in the FP District regulations applying to all uses in the underlying T, D, B, or I District shall apply, except that in case of conflict, the FP District regulations shall prevail. (no special use permit required)
Both regulations applying to and   all uses in the FP District and regulations applying to all uses in the underlying T, D, B, or I District shall apply, except that in case of conflict, the FP District regulations shall prevail. In addition, the special use regulations for the underlying T, D, B, or I District shall apply, except that in case of conflict with any FP District regulations, the FP District regulations shall prevail. (special use permit required)
Permitted
Both regulations applying to all uses in the FP District and regulations applying to all uses in the underlying T, D, B, or I District shall apply, except that in case of conflict, the FP District regulations shall prevail. In addition, the special use regulations for the FP District shall apply and shall prevail in case of conflict with any regulations for the underlying T, D, B, or I District. (special use permit required)
Both regulations applying to all uses in the FP District and regulations applying to all uses in the underlying T, D, B, or I District shall apply, except that in case of conflict, the FP District regulations shall prevail. In addition, the special use regulations for the FP District and the special use regulations for the underlying T, D, B, or I District shall apply, except that in case of conflict, the special use regulations for the FP District shall prevail. (special use permit required)
Special
 
   (B)   Schedule of standards and requirements for specific special uses. The following schedule provides standards and requirements for specific uses indicated as special uses in § 156.092. Those uses listed as special uses in § 156.092 and not listed in this division shall comply with applicable regulations in §§ 156.115 and 156.116 and all applicable regulations for the zoning district in which the special use is located. Footnotes are included in this table and are given at its conclusion.
Special Uses or Use Categories
Explanatory or Special Provisions
All special uses in the Industrial uses: Food and kindred products category
Not permitted closer than 300 feet from any D or B District or any institutional or public assembly use. Front setback must be a minimum of 100 feet and side and rear yards must be a minimum of 50 feet.
All special uses in the Industrial uses: Chemical and allied products category
Not permitted closer than 2,000 feet from any D or B District or any institutional or public assembly use. Front setback and side and rear yards must be a minimum of 300 feet.
All special uses in the Industrial products: Petroleum and rubber products category, except petroleum and gas bulk storage of any other explosive flammable or toxic substance.1
Not permitted closer than 2,000 feet from any D or B District or any institutional or public assembly use. Front and side and rear setbacks must be a minimum of 300 feet.
Petroleum and gas bulk storage, or bulk storage of any other flammable explosive or toxic substance1
Not permitted closer than 1,500 feet from an D or B District  any institutional or public assembly use. Front setback and side and rear yards must be a minimum of 100 feet.
Mineral extraction, quarrying, topsoil removal, or similar activities
Front setback and side and rear yards must be a minimum of 100 feet.
Radio or television tower1
Front setback must be a minimum of 100 feet. Side and rear yards must be a minimum of 50 feet.
Water treatment, pumping or storage facility1
Front setback shall be a minimum of 100 feet and side and rear yards shall be a minimum of 50 feet.
Temporary real estate sales or rental office
Special use permit must be renewed annually.
Electrical substation1
Side and rear yards shall be a minimum of 20 feet. 6-foot wire mesh or solid fence required around site.
Hospital1
Side and rear yards shall be a minimum of 40 feet.
Truck terminal or cartage and express facilities1
Not permitted closer than 200 feet from any D District or residential use.
Railroad yard or freight terminal1
Not permitted closer than 200 feet from any D District.
Open-air or drive-in theater, Miniature golf course, or all other outdoor private or commercial amusement or recreational enterprises1
Not permitted within 200 feet of any D District.
 
 
Special Uses or Use Categories
Explanatory or Special Provisions
Kennel or dog pound or veterinary hospital1
Not permitted within 100 feet of any D District or any residential, institutional, or public assembly use. 6-foot wire mesh or solid fence required around open animal exercise yards.
Airport or airfield
Federal Aviation Administration and Illinois Department of Aeronautics requirements govern.
Public or commercial sanitary landfill
Not permitted closer than 500 feet from any D or B District, or any institutional or public assembly use. Other standards shall be in accordance with the State of Illinois Environmental Protection Solid Waste Rules and Regulations, effective July 27, 1973.
Sewage disposal plant or lagoon1
Not permitted closer than 500 feet from any residential, institutional, or public assembly use. Front back and side and rear yards shall be a minimum of 200 feet. All sewage facilities shall be constructed in accordance with the rules and regulations of the state and this chapter.
 
Notes
1If use existed prior to the effective date of this chapter, but is not in conformity to the standards and requirements set forth in the above schedule, the use shall without further action be considered to be conforming in its use, setback, side and rear yard, and other requirements provided, however, that it still conforms to the regulations for permitted uses for the zoning district in which it is located. If use does not conform to the district regulations, then it shall be deemed nonconforming.
(Ord. 80-0-24, passed 1-12-81) Penalty, see § 156.999

§ 156.118 MOBILE HOME PARKS.

   Mobile home parks are permitted as a special use in the D-3, Mobile Home Dwelling District subject to the following provisions and the provisions of ILCS Ch. 210, Act 115 § 1.
   (A)   Special use permits for mobile home parks; additional requirements for special use permit applications. It shall be unlawful to construct, alter, or expand any mobile home park, unless a valid special use permit is issued by the City Council for the specific construction, alteration, or expansion proposed. All application for special use permits for mobile home parks shall, in addition to the information required by §§ 156.035 through 156.042, contain the following minimum plans and specifications:
      (1)   A map indicating the area and dimensions of the tract of land;
      (2)   The number, location, and size of all mobile home sites;
      (3)   The location and width of all public and private streets, roadways, and walks;
      (4)   The location of all water, storm sewer, and sanitary sewer lines, and refusal disposal facilities;
      (5)   All buildings existing or to be constructed within the mobile home park;
      (6)   The location of internal lighting and electrical systems.
   (B)   Development standards.
      (1)   General provisions.
         (a)   No mobile home park shall be located such that it is exposed to objectionable smoke, dust, noise, odors, vibrations, or other adverse influences.
         (b)   Ingress and egress to a mobile home park shall be provided in such a manner to facilitate access by emergency vehicles, and shall be designed to provide efficient and safe traffic circulation in the vicinity.
         (c)   No part of any mobile home park shall be used for nonresidential purposes except for accessory uses that are required to directly serve mobile home park residents and for management and maintenance of the mobile home park.
         (d)   No mobile home park shall be located in an area, where the conditions of soil, groundwater level, drainage, or topography may cause hazard to the property, health, or safety of the occupants.
      (2)   Size and density of mobile home parks. No mobile home park shall contain an area of less than five acres nor less than 20 mobile home sites provided, however, that mobile home parks in existence on the effective date of this chapter having a total area or number of mobile home sites less than hereinabove prescribed may continue to operate. Existing mobile home parks may be altered to bring such parks into conformity with this chapter. However, no additions or alterations may be made to any existing mobile home park unless such additions or alterations are in conformity with this chapter and unless such additions or alterations contain not more than eight mobile home sites for each gross acre of land.
      (3)   Required setbacks and screening for mobile home park exterior boundary.
         (a)   All mobile home stands shall maintain the following setbacks from mobile home park boundaries facing public streets:
 
State, U.S., or interstate highways
45 feet
County highways
35 feet
Township roads or city streets
25 feet
 
         (b)   All mobile home parks shall have minimum side and rear yards of 15 feet.
         (c)   All mobile home parks shall be provided with visual screening such as fences or screen planting along any boundary lines abutting nonmobile home residential areas, such boundary not being a thoroughfare.
      (4)   Required recreation space. Not less than 8% of the gross area of the mobile home park shall be devoted to recreational facilities. Such facilities shall be centrally located on the mobile home park site and shall be readily accessible to all mobile home occupants. Recreation facilities may include park space, play lots, swimming pools and community buildings (exclusive of laundry rooms and administrative offices.) Recreation facilities may be decentralized provided that no parcel of outdoor recreation space contains less than 6,000 square feet nor has a minimum average width of less than 30 feet.
      (5)   Mobile home site requirements.
         (a)   The boundaries of each mobile home site shall be designated in accordance with the approved plan required by division (A) above.
         (b)   Each mobile home shall maintain the following minimum setbacks from the boundaries of its mobile home site:
            1.   The minimum distance between a mobile home and its site boundary adjacent to private streets or roads shall be 15 feet.
            2.   The minimum distance between the entrance side of a mobile home and its site boundary shall be 20 feet.
            3.   All other setbacks shall be a minimum of ten feet.
         (c)   In no case, however, shall a mobile home site consist of an area of less than 3,200 square feet.
         (d)   A mobile home stand or pad shall be provided on each mobile home site of sufficient size to accommodate the mobile home to be located thereon. Mobile home stands shall be concrete slabs or runways, constructed so as not to shift or settle unevenly under the weight of a mobile home or other forces due to frost, vibration, wind, or water. Provisions shall be made for the use of ground anchors designed to withstand a minimum of 4,800 pounds each. Four ground anchor connections shall be provided for each mobile home of less than 50 feet in length and six ground anchor connections shall be provided for each mobile home equal to or exceeding 50 feet in length.
         (e)   Each mobile home site shall be provided with an outdoor living space to supplement the interior living space of the mobile home. This outdoor living space must be paved, or constructed of masonry or concrete slabs or blocks placed sufficiently close together to create a single usable surface. The area of the outdoor living space shall be a minimum of 160 square feet with one dimension being a minimum of eight feet.
         (f)   The space between the mobile home stand and the floor of the mobile home shall be enclosed with noncombustible skirting.
         (g)   A minimum of two off-street parking spaces shall be provided for each mobile home site. One of these parking spaces may be provided off the site provided such parking space is not located more than 200 feet from the mobile home site served.
      (6)   Street requirements.
         (a)   All mobile home parks shall be provided with adequate, safe, and convenient vehicular access from abutting public streets.
         (b)   Public street dedications within or abutting mobile home parks shall be made in accordance with the subdivision regulations. No mobile home shall have direct access onto a dedicated public street.
         (c)   Entrance drives into mobile home parks shall have direct access to a public street and shall be designed to have free traffic flow onto such public streets. No parking or mobile home lot access driveway shall be permitted off an entrance for a distance of 50 feet from a public right-of-way.
         (d)   The internal private street system serving mobile home sites shall provide convenient circulation by means of minor private streets and properly located collector minor streets. Cul-de-sac private streets shall be limited to a length of 300 feet.
         (e)   Minimum pavement widths for private streets shall be as follows:
 
Private Streets
Minimum Widths
Collector streets
30 feet
Minor streets
24 feet
Cul-de-sac streets
24 feet
Cul-de-sac turnarounds
80 feet
 
   All dimensions are exclusive of parking areas.
         (f)   With respect to paving materials, curbs and gutters, grading, intersections, off sets, and radii of curvature, the provisions of chapter 154 shall apply to private streets.
         (g)   Parking spaces perpendicular to private streets shall not be located within the required pavement width. Parallel parking on one side of a minor street is permitted provided the required 24 feet of pavement remains unobstructed for travel.
      (7)   Street lighting.
         (a)   Street lighting shall be designed to produce a minimum of 0.1 footcandle throughout the street system. Potentially hazardous locations such as intersections, major pedestrian crossings, and portions of streets abutting service buildings and recreation areas shall be illuminated with a minimum of 0.3 footcandle.
         (b)   All gas or electric service to the street lighting system shall be located underground.
      (8)   Pedestrian walkways.
         (a)   Common walks are required at locations where heavy pedestrian traffic is likely to occur such as entrances, service facilities, and recreation areas. Common walks should be located through interior areas removed from streets wherever possible.
         (b)   Individual and common walks shall be paved or constructed of masonry or concrete blocks or slabs placed sufficiently close together to create a uniform surface for accessibility by the handicapped. Individual walks shall not be less than two feet in width. Common walks shall not be less than 3-1/2 feet in width.
         (c)   No walk shall be used as a drainage way. Sudden changes in alignment and gradient shall be avoided.
   (C)   Utilities and required services.
      (1)   Water supply and distribution system.
         (a)   Connection shall be made to public water supply and its supply used exclusively.
         (b)   All applicable minimum requirements of the State Department of Public Health shall be met.
      (2)   Sewage systems.
         (a)   Connection shall be made to the public sewage collection and treatment system. All sewage and water carried waste shall be carried into such public system.
         (b)   All applicable minimum requirements of the State Department of Public Health shall be met.
      (3)   Solid waste disposal.
         (a)   All refuse shall be stored in watertight containers located on each mobile home site or within 150 feet thereof.
         (b)   Refuse shall be collected regularly and transported to a disposal site in compliance with state law. Incineration of any refuse or vegetation within a mobile home park is prohibited.
         (c)   All applicable minimum requirements of the State Department of Public Health shall be met.
      (4)   Electrical distribution system.
         (a)   Electrical installations in mobile home parks including site feeder circuits and additional secondary receptacles shall conform to the National Electrical Code, latest edition.
         (b)   The electrical distribution system in all mobile home parks shall be underground.
         (c)   The total load for a mobile home park shall be calculated on the basis of 16,000 watts per mobile home site.
The minimum allowable demand factors which may be used in calculating load on feeders and service are as follows:
Number of Mobile Home Sites Serviced
Demand Factor (Percent)
1
100
2
55
5
33
10
27
20
25
50
23
100 or more
22
 
      (5)   Telephone service and television systems.
         (a)   All telephone service to mobile homes in mobile home parks shall be underground.
         (b)   Distribution of master television antenna service to mobile home sites in mobile home parks shall be underground.
      (6)   Fire protection.
         (a)   Mobile home parks shall be kept free of all litter, rubbish, or other accumulated flammable materials.
         (b)   Fire hydrants shall be located throughout the mobile home park and shall be located not more than 500 feet from any mobile home. The hydrants shall deliver a minimum of 75 gallons of water per minute at a pressure of 20 pounds per square inch at the highest elevation point of the mobile home park.
         (c)   Fire extinguishers shall be provided in accordance with the State Department of Public Health requirements.
         (d)   Service buildings and other community facilities. All mobile home parks shall provide the following community facilities.
            1.   A management office;
            2.   Management and maintenance storage facilities; and
            3.   Other facilities as may be required.
(Ord. 80-0-24, passed 1-12-81) Penalty, see § 156.999

§ 156.119 MOBILE HOMES ON INDIVIDUAL LOTS.

   The following regulations shall apply to mobile homes on individual lots in the D-3, Mobile Home Dwelling District. Regulations for mobile homes in mobile home parks are provided in § 156.118 and regulations for all other uses in the D-3 District are provided in §§ 156.100 through 156.108.
   (A)   Areas. No mobile home shall be situated and maintained on an individual lot in the D-3, Mobile Home Dwelling District unless the following yards and lot areas are provided and maintained in connection with such mobile home. Mobile homes may not be stored on any lot except in the Mobile Home District.
      (1)   Front yard (setback). There shall be a front yard (setback) not less than 25 feet from the boundary of the lot along the public right-of-way.
      (2)   Side yards shall be not less than eight feet from lot lines abutting vacant lots or lots occupied by other mobile homes, and shall be not less than ten feet from lot lines abutting lots occupied by any other use.
      (3)   Rear yard. There shall be a rear yard of not less than 20 feet.
      (4)   Lot area. Every lot in the D-3 District on which a mobile home is situated and maintained shall have a minimum area of 5,000 square feet.
      (5)   Lot coverage. Not more than 30% of the area of any lot in the D-3 District shall be occupied by a mobile home and any accessory building or structure.
   (B)   Number of mobile homes per lot. No lot in the D-3 District shall be occupied, at any one time, by more than one mobile home.
(Ord. 80-0-24, passed 1-12-81) Penalty, see § 156.999