A.    The special exceptions listed in Figure 1 and their accessory    buildings and uses may be permitted by the plan commission and the governing body of the municipality in the districts indicated therein, in accordance with the procedure set forth in this section and the requirements listed in Figure 1.

    B.1.  Upon receipt of an application for a permit for a special use exception by the building inspector, it shall be referred to the plan commission for investigation as to the manner in which the proposed location and character of the special use exception will affect the comprehensive community plan and how the standards in Figure 1 are applied. The plan commission shall report the results of its study to the city council within sixty (60) days following receipt of the application. If no such report has been filed with the city council within this time period, the city council may proceed to process the application.

    2.    A fee for filing and publication costs, in an amount to be set by city ordinance from time to time, shall be paid to the city clerk, at the time the application is filed. All fees received hereunder by the city clerk shall forthwith be paid over to the municipal treasurer to the credit of the general revenue fund of the city.

    3.    Prior to filing the application for special use permit with the city’ s building inspector, the applicant must obtain a list of the names and addresses of the owners of record of all property located within two hundred fifty (250) feet in each direction from the outboundary of the property for which the special use permit is requested, as determined from the official tax records of the county where the property is located. That information may be obtained in Monroe County, from the County Recorder, Monroe County Courthouse, 100 S. Main Street, Waterloo, IL 62298, and in St. Clair County, from the County Recorder, St. Clair County Building, 10 Public Square, Belleville, IL 62220. (65 ILCS 11-13-1.1 and 11-13-7).

    a.    Not more than thirty (30) days before the application is filed with the building inspector, the applicant must serve a written notice on the property owners aforesaid (either by certified mail return receipt required or personal delivery) stating:

    i.    The address of the location for which the special use exception is requested;

    ii.    A description of the special use exception requested;

    iii. The name and address of the owners of the property for which the special use exception is sought;

    iv.    A statement the applicant intends to file a special use exception application with the city; and

    v.    The approximate date the application will be filed.

    b.    If, after a bona fide effort to determine such address by the applicant for the special use permit, the owner of the property on which the notice is required to be served cannot be found at his or her last known address, or the mailed notice is returned because the owner cannot be found at the last known address, this notice requirement shall be deemed satisfied. In addition to serving the notice herein required, at the time of filing the application for special use, the applicant shall file with the building inspector (to be furnished to the board of appeals) a complete list containing the names and last known addresses of the owners of the property required to be served, the method of service and the names and addresses of the persons so served. The applicant shall also file with the building inspector (for the building inspector to furnish to the zoning board) a written statement certifying that the applicant has complied with the requirements of this section of the city code. The board of appeals shall hear no application for special use exception unless the applicant for the special use permit furnishes the list and certificate herein required.

    4.    The application for special use exception will be filed by the applicant with the city building inspector and the building inspector will forward the same to the city’ s zoning board of appeals (the "zoning board" or "board of appeals") for public hearing.

    5.    The board of appeals shall, not more than thirty (30) nor less than fifteen (15) days before the hearing at which the application for special use is to be considered, send written notice to the persons appearing on the list furnished by the applicant, which notice shall contain the time and place of the hearing, the address of the location for which the special use is requested and the name and address of the applicant for the special use and a brief statement of the nature of the special use requested.

    6.    The zoning board of appeals shall then conduct a public hearing after not less than fifteen (15) nor more than thirty (30) days notice thereof is published in a newspaper published in the city. The notice shall contain the particular location for which the special use exception is requested as well as a brief statement of what the proposed special use exception consists. Within thirty (30) days after the public hearing, the zoning board of appeals shall file their written recommendations on the special use permit application with the city council. If the zoning board of appeals fails to file their recommendations with the city council within the time aforesaid, the application shall be deemed approved by the zoning board of appeals.

    7.    The city council shall then act on the special use permit application. If the zoning board has failed to recommend approval of the special use permit application, then the favorable vote of a majority of the aldermen holding office in the city council shall be required to approve the application and authorize the issuance of the special use permit. Approval of the application shall require the affirmative finding by the city council that:

    a.    The proposed special use exception is to be located in a district wherein such use may be permitted; and

    b.    The requirements set forth in Figure 1 for such special use exception will be met; and

    c.    The special use exception is consistent with the spirit, purpose and intent of the comprehensive community plan, will not substantially and permanently injure the appropriate use of neighboring property, and will serve the public convenience and welfare.

    If the special use permit application is approved, the city council shall enact an ordinance to order the building inspector to issue a zoning certificate for the special use exception.

    C.    An existing lawful use which is listed herein as a special use exception, and which is located in a district in which such special use exception may be permitted, shall be considered a conforming use.

    D.    Any expansion of such special use exception involving the enlargement of the buildings, structures and land area devoted to such use shall be subject to the procedure described in this section.

    E.    If the nature of the special use exception involves more than one of those listed in Figure 1, the applicant may apply for a permit for the special use exception which most closely relates to the primary use; provided that the requirements of all related uses will be met.

    F.    Any application for a building permit to construct or install a satellite earth station which would not fully conform with the requirements of Chapter 17.42, as amended, shall be deemed an application for a permit for a special use exception, and shall be treated in accordance with this section.

Note: Use of # symbol in the figure indicates that the requirements of the district apply to the district where located.

a.    Classifications of Use Permitted.

    1.    Light industrial

    2.    Local business

b.    Minimum Lot Area.

    1.    #

    2.    1,500 sq. ft.

    3.    110 sq. ft. per child

    4.    25,000 sq. ft.

    5.    20,000 sq. ft. plus 5,000 sq. ft. per horse over four horses

    6.    One acre

    7.    5 acres

    8.    5 acres, including 2,500 sq. ft. per mobile home stand

    9.    6 acres

    10.    20 acres

    11.    40 acres

    12.    80 acres

    13.    320 acres

    14.    Two times requirement for single-family dwelling

    15.    2 acres

c.    Minimum Yards (Feet).

    1.    #    #    #

    2.    #    50    50

    3.    #    10    30

    4.    #    40    40

    5.    #    -    -

    6.    100    40    40

    8.    #    20    #

    9.    150    150    150

d.    Building Setback from Center Line of Interior Road.

    1.    40 feet

    2.    50 feet

    3.    85 feet

e.    Use Permitted Not Closer Than 300 Feet to a Residential Use.

f.    Minimum Gross Floor Area of Principal Building(s)--(Square Feet).

    1.    #

    2.    Over 1,000

    3.    Determined by number of children to be accommodated

    4.    400

    5.    Two times single-family dwelling

    6.    672

g.    Plan of Landscape Development to be Submitted with Application.

h.    Maximum Height of Structure--(Feet).

    1.    #

    2.    As required by appropriate state or federal agency

    3.    Same as light industrial

    4.    45

    5.    70

    6.    25

i.    Fence.

    1.    6-foot wire mesh where accessible to the public

    2.    6-foot wire mesh when located at ground level

    3.    4-foot wire mesh around play area

    4.    Solid wall or solid painted fence eight feet high

    5.    4-foot wire mesh abutting residential use

    6.    Painted board fence eight feet high

    7.    Adequate to protect abutting use

    8.    6-foot wire mesh

    9.    6-foot solid painted for refuse dump

    10.    6-foot wire mesh abutting residential use.

j.    Screen Planting Where Abutting Residential Use--(Tight Screen, Effective at All Times).

    1.    6-foot height by 6-foot width

    2.    25 feet abutting residential district or use

    3.    8-foot height by 6-foot width

    4.    Adequate to screen power substation from street view

    5.    6-foot high along streets for refuse dump

k.    Parking Spaces.

    1.    1 per 2 employees, plus 1 per 4 seats in waiting room

    2.    1 per 2 customers or members

    3.    1 per 2 employees, plus 3 per doctor

    4.    1 per 3 employees, plus 1 per 6 students

    5.    30

    6.    1 per 3 employees per shift

    7.    1 per 3 employees plus 1 per 125 sq. ft. of sales area

    8.    1 additional

    9.    1 per 4 beds, plus 1 per doctor, plus 1 per 3 employees, plus 1 per hospital vehicle

    10.    1 per 2 employees on largest shift

    11.    1 per 2 employees

    12.    1 per 2 employees, plus 1 per 5 children to be accommodated

    13.    1 per 2 employees, plus 1 per mobile home stand

    14.    1 per 3 employees, plus 1 per 500 sq. ft. of use area

    15.    1 per 3 employees plus 1 per 10 inmates at estimated capacity

    16.    1 per 3 employees plus 1 per driving tee

    17.    1 per camp site and 1 per cabin

    18.    Telephone exchange--1 per employee

    19.    1 per employee per shift

    20.    1 per 2 employees where headquartered

    21.    1 per 5,000 sq. ft.

    22.    One

    23.    1 per 60 sq. ft. of sales area

    24.    3 per 4 employees plus 1 per 4 seats

    25.    1 per 2 employees plus 10 for customers

    26.    1 per employee, plus 1 per sleeping accommodation

    27.    Two

    28.    1 per employee, plus 1 for each 6 seats in main auditorium

    29.    1 per 3 members

l.    Distance of Parking Area from Residential Use(Feet).

    1.    10

    2.    25

    3.    50

    4.    100

    5.    300

m. Number of Loading and Unloading Berths-- (Shall Not Face on Bordering Highway).

    1.    1

    2.    2

    3.    Per development plan

    4.    15,000 sq. ft.--1

        Over 15,000 sq. ft.--2

    5.    Up to 200 beds--1;

        200 to 500 beds--2;

        Over 500 beds--3

    6.    15,000 sq. ft. or less--1;

        15,001--40,000 sq. ft.--2;

        40,001--100,000 sq. ft.--3;

        each additional 40,000 sq. ft.--1 additional

n.    Distance of Loading and Unloading Berth from Residential Use (Feet).

    1.    50

    2.    100

    3.    300

o.    Plat Approved by the Commission to be Submitted with Application.

p.    Development Plan to be Submitted with Application.

q.    Covenant by Owners to Perpetuate Maintenance and Approve Future Improvements.

r.    Maximum Number of Principal Entrances from Major Thoroughfare.

    1.    1

    2.    2

s.    Acceptable Relationship to Major Thoroughfare.

t.    Thoroughfares Must be Adequate to Carry Additional Traffic Engendered by Use.

u.    Other Authority Approval Required.

    1.    State Board of Health

    2.    Aeronautics Commission

v.    Outdoor Artificial Lighting Shall be Approved by the Commission.

w. Disposal of Liquid and Other Wastes Shall Meet

    the Approval of the Pertinent Health Authorities.

x.    No Sales, Dead Storage, Repair Work, or Dismantling on the Lot.

y.    Except for Approved Exits and Entrances a Masonry Wall Four Feet in Height and Six Inches Thick Erected at Required Front Line of Building and May be Required Along Boundaries of Parking Area, as Determined by the Commission for the Protection of Residentially Zoned or Used Property.

z.    Must conform with multifamily dwellings, except that in a C-2 general business district the following requirements shall apply instead of those provided for in Chapter 17.24 where there is a conflict between the requirements contained in Chapter 17.24 and the following requirements:

    i.    Instead of the permitted uses authorized in Section 17.24.020(B) and (C) multiple-family dwellings allowed in a C-2 general business district will be limited to four family dwelling units or structures, including condominiums, quadri-plexes, town houses and row houses.

    ii.    The percentage of lot coverage in Section 17.24.060 shall not apply in a C-2 general business district, but instead in a C-2 general business district all main buildings, accessory buildings, driveways and paved parking lots shall not cover more than fifty-five (55) percent of the area of the lot.

    iii.    In a C-2 general business district the fire wall of all multiple-family dwellings hereinafter constructed shall be constructed of masonry or other BOCA Code approved fire resistant material from the foundation to the roof line.

    iv.    As authorized by Section 11-30-4 of the Illinois Municipal Code (65 ILCS 5/11-30-4) for fire and life safety all of the exterior walls of multiple-family dwellings in a C-2 general business district hereafter constructed or renovated or rehabilitated shall be constructed of brick, brick veneer, stone or comparable masonry type incombustible building materials, on all sides of the building containing the dwelling units; except that, currently existing multiple-family dwellings that are hereafter renovated or rehabilitated may be restored to their original design without exterior masonry type walls being required.

    v.    The illumination from on-premises lighting will be so directed as to not cause direct light to encroach on adjoining property or so as to otherwise adversely affect or interfere with the use of adjoining property.

    aa.    Must conform to requirements of Section 17.42.060 (Regulations pertaining to telecommunications antennae and support structures) of Chapter 17.42 (Additional Height, Area and Yard Regulations) of Title 17, Zoning, of the Columbia, Illinois Municipal Code, enacted by city Ordinance No. 1635 on December 1, 1997, and the application process provided for therein and thereby.    bb.    The following conditions are applicable to vehicle towing and storage businesses in the C-3 highway business district:

    iii.    Adequate paving shall be provided for areas where vehicles will be stored.

    iv.    Stored vehicles shall be contained within a sight-proof fence.

    v.    All towing vehicles kept on site shall be contained within a sight-proof fence.

    vi.    The applicant will comply with such other reasonable requirements of the city council as the city council hereafter determines to be necessary to protect the public health, safety, and welfare of the citizens of the city. (Ord. 1842 § 2, 2000; Ord. 1703 § 1, 1998; Ord. 1690 §§ 1, 2, 1998; Ord. 1669 § 1, 1998; Ord. 1660 § 1, 1998; Ord. 1651 §§ 1, 2, 1998; Ord. 1619 § 1, 1997; Ord. 1612 § 1, 1997; Ord. 1571 § 1, 1997; Ord. 1553 § 1, 1997; amended during 1997 codification; Ord. 1506 § 1, 1996; Ord. 1496 § 2, 1996; Ord. 1446 § 1, 1996; Ord. 1434 § 1, 1996; Ord. 1405 § 1, 1995; Ord. 1024 § 1, 1992; Ord. 957 § 1, 1991; Ord. 901 § 2, 1990; Ord. 868 § 1, 1990; Ord. 821 § 2, 1990; Ord. 751 § 1, 1989; Ord. 700 § 1, 1988; Ord. 673 § 1, 1987; Ord. 594 § 5, 1985; prior code § 40-10-1)