Article 26. SPECIAL USE REGULATIONS, Appendix B. ZONING REGULATIONS, Code of Ordinances, Effingham

26-1. A. The city council by an affirmative two-thirds ( 2/3 ) vote may by ordinance grant a special permit for the following special uses in any district, except as herein qualified, for which they are otherwise prohibited by this ordinance and may impose appropriate conditions and safeguards, including a specified period of time for the permit, to protect the comprehensive plan and to conserve and protect property and property values in the neighborhood:

(1)

Airport, landing field or landing strip for aircraft.

(2)

Amusement park but not within three hundred (300) feet of any R district.

(3)

Cemetery or mausoleum.

(4)

Circus or carnival grounds, but not within three hundred (300) feet of any R district.

(5)

Commercial recreational, amusement, or campground development in a B-2, General Commercial District.

Before permitting a Commercial Recreational, Amusement or Campground Development, the City Council shall satisfy itself that the Commercial Recreational, Amusement, or Campground Development will not be injurious to the use of other property in the immediate vicinity, that property values will not be substantially impaired, and that the Commercial Recreational, Amusement, or Campground Development will not impede the normal and orderly development of surrounding properties. Furthermore, before permitting a Commercial Recreational, Amusement, or Campground Development, the following requirements will be met:

(a)

A site plan shall be submitted with all applicable requirements of Article 27 of Appendix B of the Municipal Code of Effingham, Illinois, as part of the petition for a special use permit under this Section;

(b)

On any day when transient guests will spend the night on the property, an on-site manager or employee shall be required to spend the night on the property;

(c)

Public restrooms and showers must be provided onsite, which shall comply with all applicable requirements of the City of Effingham, Illinois, Building Code, Fire Code, Life Safety Code, Plumbing Code, and Electrical Code, as well as comply with applicable ADA Standards for Accessible Design;

(d)

A storm shelter must be provided on-site and constructed to the current building codes of the City of Effingham;

(e)

Any events, if either live music or entertainment by a disc jockey is being offered by the business or displayed by transient guests, shall end by 10:00 p.m.;

(f)

A Commercial Recreational, Amusement or Campground Development must be located a minimum of one hundred (100) feet from any residential district;

(g)

All open burning and fires shall be regulated by the International Fire Code (IFC) - 2015 edition, section 307 and Sections 10-2 and 10-2.1 of the Municipal Code of Effingham;

(h)

A permit from the Illinois Department of Public Health under the Campground Licensing and Recreational Area Act is required and must be submitted to the Building Official before a building permit is issued; and,

(i)

An automatic revocation of this Special Use Permit will occur if the Illinois Department of Public Health Permit issued under the Campground Licensing and Recreational Area Act is revoked. (Ord. No. 29-2018 , § 2, 4-17-2018)

(6)

Drive-in theater in the B-2 or B-5 Districts.

(7)

Hospital or institution; provided that any hospital or institution building permitted in any R district, except the R-3D District, shall be located on a site of not less than five (5) acres, shall not occupy more than twenty (20) percent of the total lot area and shall be set back at least one hundred (100) feet from all lot lines.

(8)

Privately operated community building or recreation field.

(9)

Any public or government building or privately owned emergency service operation. (Ord. No. 42-2018 , 5-15-2018)

(10)

Radio or television broadcasting tower or station.

(11)

Mobile home court or travel trailer park in the NU Nonurban District or R-1 Single-Family District on a minimum of ten (10) acres. Before permitting a mobile home court or trailer park, the city council shall approve a special use permit and site plan as required in Article 27. The council shall satisfy itself that the court will not be injurious to the use of other property in the immediate vicinity, that property values will not be substantially impaired, that the court will not impede the normal and orderly development of surrounding properties and that the following requirements will be met:

(a)

All appropriate state and county sanitation regulations shall be strictly observed.

(b)

At least four thousand (4,000) square feet of lot area per mobile home shall be provided; no mobile home shall be parked closer to the street or highway than the required front yard setback or closer than twenty-five (25) feet to any property line; and a clearance of not less than twenty (20) feet shall be maintained between mobile homes on all sides.

(c)

Mobile home spaces shall abut upon a hard surfaced driveway access way of not less than twenty-five (25) feet in width.

(d)

Service building or other facilities for bathing, laundry and sanitation as required by the state and local health regulations shall be located at least twenty (20) feet from the side and rear lot lines and shall be accessible to all trailer coaches by means of the access drives or hard-surfaced walks.

(e)

Wherever practicable, space shall be reserved for recreation and a playground.

(12)

Filling station in the B-1 District.

(13)

Truck terminal in the B-5 District; provided that sufficient safeguards in the form of buffering, screening, open space or others, as determined by council, are provided.

(14)

Storage warehouses or distribution centers with floor area devoted to warehousing and wholesaling in the B-2, B-3 or B-5 District.

(15)

Quarry, borrow pit or other extractive use, including oil well.

(16)

Commercial recreational facilities in the B-5, Highway Commercial District and the B-4, Planned Shopping District.

(Ord. No. 42-2009, § 2, 9-15-2009)

(17)

Offices and clinics operated by physicians, dentists or other members of the healing arts in the R-3D District.

(18)

Pharmacy in the R-3D District.

(19)

Carwash in the B-2 or B-5 District.

(20)

Miniwarehouse in the B-2 or M-1 District.

(21)

Reserved.

(22)

Day-care center, Child Care Institution or Maternity Center in the R-3C, R-3D, R-4, B-1, B-2, or POM District. (Ord. No. 63-2016, § 3, 8-2-2016)

(23)

Bed-and-breakfast establishment in the R-3D, R-4, B-1 or B-2 District.

(24)

Truck wash in the B-5 District.

(25)

Offices in the B-5 District.

(26)

Any use permitted in a B-1 District located in a NU District.

[(27)

Reserved.]

28.

Recycling centers in the M-1 Light Industrial District. Before permitting a recycling center, the city council shall approve a special use permit and site plan as required in Article 27. The city council shall satisfy itself that the recycling center will not be injurious to the use of other property in the immediate vicinity, that property values will not be substantially impaired, that the recycling center will not impede the normal and orderly development of surrounding properties and that the following requirements will be met:

(a)

Such use shall provide the City of Effingham Building Official with evidence that it has complied with all federal and state licenses, certifications, and other regulations.

(b)

All appropriate federal, state, and local sanitation regulations shall be strictly observed.

(c)

Sufficient safeguards in the form of buffering, screening, open space or others, as determined by the city council shall be utilized.

(d)

The processing of materials shall be completely indoors.

(e)

Any recyclable or related materials to be stored outdoors shall be stored in containers, dumpsters, or similar apparatus that can be covered when not in use. Any outside storage area for recyclable materials or processed materials shall be enclosed by a minimum eight-foot high solid fence or a wall, as approved by the city council, adequate to shield all containers within the enclosure, and material within the fenced enclosure shall not extend above the height of the fence or wall. The area shall be secured by a solid gate or provide for an overlapping opening which completely screens all views into the enclosure. The use of chain link fences with slats shall be prohibited.

(f)

All refuse disposal and recyclable material storage enclosures shall be located in areas designed to provide adequate accessibility for service vehicles. Locations shall generally be to the rear of buildings or in areas where minimal exposure to public streets will exist.

(g)

Refuse disposal and recyclable materials, and other equipment such as grease containers or outdoor storage of materials such as pallets, shall not be placed outside of exterior fence or wall enclosures.

(h)

There shall be a plan for regular shipping or reprocessing of recyclable materials, such that the size of the storage yard is minimized in relationship to the amount of recyclable materials estimated to be received. In no event shall any recyclable material remain on-site for a period exceeding one (1) year. Such plan shall be submitted to the City of Effingham Building Official as part of the special use approval.

For purposes of this section, "recycling center" shall mean a building or enclosed area used for the collection and/or processing of recyclable materials. Processing means the preparation of material for shipment, or an end-user's specifications, by such means as baling, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing.

For purposes of this section, "recyclable materials" shall mean nonhazardous, nonputrescible materials that would otherwise be considered or become municipal waste if not for the existence of viable secondary markets for such materials, including but not limited to categories of metals, glass, papers or plastics that are processed and returned to the economic mainstream in the form of raw material feedstock or products. Special recyclable materials allowed to be accepted and collected by a recycling center shall be designated by the city.

29.

Bed-and-breakfast establishment/hotel and events venue.

(a)

For purposes of this section, a "Bed and Breakfast Establishment" being defined as a building where, for compensation and by arrangement, lodging (in not more than seven (7) lodging rooms) and a breakfast meal are provided for transient guests. On any date when transient guests will spend the night on the grounds, an on-site manager or employee will also spend the night on the grounds.

(b)

For purposes of this section, a "Hotel and Special Events Venue" would allow events to be held on the property, with the following restrictions:

Such facility would host Special Events, including small events (an event attended by less than fifty (50) guests) and large events (an event attended by fifty (50) or more guests).

Small events could be hosted on any day of the week, and large events would be limited to holidays, Fridays, Saturdays, and Sundays.

All large events would be limited to a maximum of 250 guests.

At any such events, if either live music or entertainment by a disc jockey is being offered, said music would end by 10:00 p.m.

Such events will allow parking on Premises for no more than twenty-five (25) vehicles at any one time, and management will assist in the adherence of its guests to all city and neighborhood street parking restrictions.

Such events will have an on-site manager present during any large events.

Such facility may also maintain an office on the property for the operation of a wedding and event planning business.

Such facility may further utilize onsite garage space for storage associated with a wedding and event planning business.

(Ord. No. 14-2014, § 2, 3-4-2014; Ord. No. 96-2018 , § 2, 11-20-2018)

[30—33.

Reserved.]

34.

Veterinary hospital, animal clinic, animal shelter or kennel in the M-1 Light Industrial District or NU - Non Urban District. Before permitting a veterinary hospital, animal clinic, animal shelter or kennel in the M-1 Light Industrial District or NU - Non Urban District; the city council shall approve a special use permit and site plan as required in Article 27. The city council shall satisfy itself that the veterinary hospital, animal clinic, animal shelter or kennel will not be injurious to the use of other property in the immediate vicinity, that property values will not be substantially impaired, that the veterinary hospital, animal clinic, or kennel will not impede the normal and orderly development of surrounding properties and that the following requirements will be met:

(a)

Such use shall provide the City of Effingham Building Official with evidence that it has complied with all federal and state licenses, certifications, and other regulations.

(b)

All appropriate federal, state, and local sanitation regulations shall be strictly observed.

(c)

Sufficient safeguards in the form of buffering, screening, open space or others, as determined by the city council shall be utilized.

(d)

All facilities for keeping and/or boarding animals shall be completely within the facility so as to minimize noise discernable outside of the property boundaries.

(e)

An outside exercise/training fenced area is allowed provided no animals are left unattended.

(f)

Outside runs are permitted provided they are covered with a roof, the floor shall be concrete or other impervious material, all other surface material shall be easily cleaned and kept free from excessive accumulation of animal waste, shall provide gutters or drains for the discharge of waste to a sewer, septic tank or filter field (but shall not be allowed or used for drainage of storm water) and the runs shall be a minimum of 300 feet from a residential structure.

For purposes of this section, "Veterinary Hospital" shall mean a place where animals or pets are given medical and/or surgical treatment by a licensed veterinarian.

For purposes of this section, "Animal Clinic" shall mean an establishment for the treatment of small animals, including, but not limited to dogs, cats, rabbits and birds by a licensed veterinarian.

For purposes of this section, "Animal shelter" means a facility operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other non-profit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals.

For purposes of this section, "Kennel" shall mean any building or enclosed area where five (5) or more dogs and/or cats (or any combination thereof) over six (6) months of age are kept as pets, is intended and used for the breeding of animals for sale, pet grooming, pet day care, training, and/or overnight boarding of animals other than those of the owner of the lot, or any building or enclosed area on which dogs and/or cats are raised and offered for sale, adoption, or exchange, with or without compensation. This does not include a veterinary hospital or animal clinic in which the overnight boarding is necessary for and accessory to the testing and medical treatment of the physical disorders of animals. (Ord. No. 3-2019 , § 2, 1-15-2019)

35.

Veterinary hospital, animal clinic, animal shelter or kennel in the B-2 General Commercial District. Before permitting a veterinary hospital, animal clinic, animal shelter or kennel in the B-2 General Commercial District; the city council shall approve a special use permit and site plan as required in Article 27. The city council shall satisfy itself that the veterinary hospital, animal clinic, animal shelter or kennel will not be injurious to the use of other property in the immediate vicinity, that property values will not be substantially impaired, that the veterinary hospital or animal clinic will not impede the normal and orderly development of surrounding properties and that the following requirements will be met:

(a)

Such use shall provide the City of Effingham Building Official with evidence that it has complied with all federal and state licenses, certifications, and other regulations.

(b)

All appropriate federal, state, and local sanitation regulations shall be strictly observed.

(c)

Sufficient safeguards in the form of buffering, screening, open space or others, as determined by the city council shall be utilized.

(d)

All facilities for keeping and/or boarding animals shall be completely within the facility so as to minimize noise discernable outside of the property boundaries.

(e)

An outside exercise/training fenced area is allowed provided no animals are left unattended.

(f)

The number of animals is limited to 20 dogs and/or cats. A litter of puppies or kittens less than 12 weeks old does not count towards the 20. After 12 weeks, the litter is counted as one animal until they reach six (6) months of age at which time the individual animals are counted towards the limit of 20.

For purposes of this section, "Veterinary Hospital" shall mean a place where animals or pets are given medical and/or surgical treatment by a licensed veterinarian.

For purposes of this section, "Animal Clinic" shall mean an establishment for the treatment and/or boarding of small animals, including, but not limited to dogs, cats, rabbits and birds by a licensed veterinarian.

For purposes of this section, "Kennel" shall mean any building or enclosed area where five (5) or more dogs and/or cats (or any combination thereof) over six (6) months of age are kept as pets, is intended and used for the breeding of animals for sale, pet grooming, pet day care, training and/or overnight boarding of animals other than those of the owner of the lot, or any building or enclosed area on which dogs and/or cats are raised and offered for sale, adoption, or exchange, with or without compensation. This does not include a veterinary hospital or animal clinic in which the overnight boarding is necessary for and accessory to the testing and medical treatment of the physical disorders of animals. (Ord. No. 29-2008, §§ 2, 3, 5-20-2008; Ord. No. 3-2019 , § 3, 1-15-2019)

36.

Indoor Shooting Range in the M-1 Light Industrial District. For purposes of this Section, "Indoor Shooting Range" shall mean a fully enclosed building or part of a fully enclosed building specifically designed and operated for the use of a sporting event or for practice, instruction, testing, or training in the use of firearms, including but not limited to rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, as well as the use of archery or any other shooting activity, but does not include police or military indoor shooting ranges operated by any level of government. (Ord. No. 69-2015, § 2, 8-18-2015)

37.

Brew pub in a B-2, General Commercial District, B-3, Central Business District, B-5, Highway Commercial District, or an M-1, Light Industrial District. For purposes of this section, "brew pub" shall mean a facility where beer and/or other fermented malt beverages are manufactured, produced, stored, bottled, sold at wholesale or at retail in sealed bottles or other sealed containers for consumption off premises, or sold to be consumed on the premises in an area or room that is ancillary to the production of beer or other fermented malt beverages, in quantities not to exceed one hundred fifty-five thousand (155,000) gallons per year. Such brew pub may also include restaurant, dining, and bar facilities. (Ord. No. 89-2016, § 2, 10-4-2016; Ord. No. 44-2017 , § 2, 7-5-2017)

38.

Relocatable Home in an M-1, Light Industrial District, provided said Relocatable Home can only be utilized as a commercial showroom and/or office in connection with a business operating a sales lots for the sale of Mobile Homes, Modular Homes, and manufactured homes. (Ord. No. 99-2016, § 2, 12-6-2016)

39.

Mixed Commercial/Residential Use on the first floor in a B-3, Central Business District. For purposes of this Section, "Mixed Commercial/Residential Use" shall mean any combination of residential, office, and commercial uses within a building, provided, however, that at least a portion of the first floor shall be utilized for office, commercial, or other business related uses and functions (i.e. meeting rooms, business center, etc.)

Before permitting a Mixed Commercial/Residential Use, the City Council shall satisfy itself that the Mixed Commercial/Residential Use will not be injurious to the use of other property in the immediate vicinity, that property values will not be substantially impaired, and that the Mixed Commercial/Residential Use will not impede the normal and orderly development of surrounding properties, Furthermore, before permitting a Mixed Commercial/Residential Use, the following requirements will be met:

(a)

A detailed floor plan rendering shall be submitted as part of the petition for a special use permit under this Section;

(b)

The use and building shall comply with all applicable requirements of the City of Effingham, Illinois, Building Code, Fire Code, Life Safety Code, Plumbing Code, and Electrical Code, as well as comply with applicable ADA Standards for Accessible Design;

(c)

Such use shall allow not more than six (6) bedrooms on the First floor of the building;

(d)

Such use shall provide for private security access, which would further prohibit access to the building by the general public;

(e)

Such use shall either have sufficient on-site parking to allow for 2 parking spots per bedroom contained within the first-floor of the building or provide a copy of a separate written agreement for additional private parking spots located within a 1 block radius of the building capable of fulfilling the aforesaid 2 parking spots per bedroom requirement;

(f)

Such use shall contain full-laundry facilities within the building;

(g)

Must provide residents of the mixed commercial/residential use with a 24 hour contact for services (i.e. Heat/Air, etc.); and,

(h)

The Special Use Permit for a Mixed Commercial/Residential Use shall be a personal privilege to the permittee and/or a subsidiary of permittee, and shall not run with the land, and will automatically terminate upon title transfer, sale, assignment, or conveyance of the real property in which any Special Use Permit for a Mixed Commercial/Residential Use is granted, provided, however, that said permit shall not terminate upon the transfer, sale, assignment, or conveyance of the real property to a subsidiary of the permittee.

(40)

Banquet Facility in a B-2, General Commercial District, B-3, Central Business District, B-4, Planned Shopping District and B-5, Highway Commercial District.

Before permitting a Banquet Facility in a B-2, General Commercial District, B-3, Central Business District, B-4, Planned Shopping District and B-5, Highway Commercial District, the following requirements will be met:

(a)

A conceptual plan sheet, drawn to scale will be required showing all existing and proposed structures, required parking, access routes, water and sewer locations, zoning, intended use with maximum proposed occupancy and drainage studies as determined and approved by the City Engineer;

(b)

If required by the City Engineer, the drainage study shall be signed by a registered professional engineer;

(c)

If the City of Effingham sanitary sewer system is not available to serve the property within 200 feet, approval by the Effingham County Health Department for a septic system must be submitted to the Building Official for the intended capacity;

(d)

Certificate of Occupancy or Letter of Approval must be issued by the jurisdictional Fire Department and submitted to the Effingham Building Official;

(e)

Any outdoor events, if either live music or entertainment by a disc jockey is being offered by the business or displayed by guests, shall end by 10:00 p.m.; and,

(f)

Public restrooms must be provided onsite, which shall comply with all applicable requirements of the applicable Building Code, Fire Code, Life Safety Code, Plumbing Code, and Electrical Code, as well as comply with applicable ADA Standards for Accessible Design. (Ord. 61-2018 , § 3, 7-17-2018)

Before authorization of any of the above special uses, the request therefor shall be referred to the city plan commission for study and report concerning the effect of the proposed use on the comprehensive plan and on the character and development of the neighborhood, and a public hearing shall be held in relation thereto before the planning commission, notice and publication of the time and place for which shall conform to the procedure prescribed in Article 33 for hearings on amendments. If no report is transmitted by the planning commission within sixty (60) days of notification, the city council may take action without further awaiting such report.

Any proposed special use shall otherwise comply with all the regulations set forth in this ordinance for the district in which such use is located, except that the city council may permit hospitals and institutions to exceed the height limitations of such district.

(Ord. No. 6-91, § 5, 1-15-91; Ord. No. 54-98, § 1, 6-16-98; Ord. No. 11-2007, § 2, 4-3-2007; Ord. No. 115-2017 , § 2, 12-19-2017; Ord. No. 061-2018, § 3, 7-17-2018)