§ 17.20.050. Criteria for specific special uses.
In addition to the criteria in Section 17.20.030, the Board of Zoning Appeals shall consider the criteria set out in this Section 17.20.050 for any application for a special use which is identified in this Section.
A.
Residential Group Homes may be allowed in the A, RS, RT, or RM districts based on the following criteria:
(1)
The residential appearance of the facility and its lot shall be maintained at all times in reasonable conformance with the surrounding neighborhood or subdivision.
(2)
In order to preclude the undue concentration of Residential Group Homes in any neighborhood or subdivision, no Residential Group Home shall be located within five hundred (500) feet of another such facility.
(3)
The owner or operator shall be duly licensed by the Illinois Department of Mental Health, or have accreditation acceptable to that department.
(4)
The total number of residents of the facility shall be based on the square footage of the facility and occupancy limitations of the building code as may be further reasonably restricted by the Board of Zoning Appeals based on public health, safety and general welfare considerations.
B.
Bed and Breakfast Inns may be allowed in the RS, RT, or RM districts based on the following criteria:
(1)
The Bed and Breakfast Inn shall be located within a single-family residence and shall maintain the appearance of a single-family residence.
(2)
No expansion of the residence shall be allowed to accommodate the Bed and Breakfast Inn and all guest rooms shall be located in the principal residential structure on the site.
(3)
Not more than fifty (50) percent of the floor area of the residence nor more than three (3) bedrooms shall be devoted to rooms rented as overnight accommodations.
(4)
A resident manager shall reside on the premises at all times that a guest is registered.
(5)
The owner or resident manager of the Bed and Breakfast Inn shall maintain a guest register including names, addresses and dates of occupancy and such register shall be open to inspection by the appropriate City officials.
(6)
There shall be no employees other than immediate family members of the owner or resident manager or other domestic help.
(7)
Meals shall only include breakfast and shall only be served to overnight guests.
(8)
No food preparation or storage facilities shall be provided in guest rooms.
(9)
No guest shall remain in a Bed and Breakfast Inn for more than fourteen (14) consecutive days and no guest shall reside within the facility for more than a total of sixty (60) days in any calendar year.
(10)
There shall be one (1) off-street parking space provided on the site for each bedroom for rent, in addition to the parking requirements for a single-family residence in the district.
(11)
Signage shall be limited to one (1) single-face wall sign not exceeding two (2) square foot in size.
(12)
The owner shall acquire a business license form the City of Vandalia and shall comply with all applicable laws, ordinances and statutes of the City of Vandalia, Fayette County and the State of Illinois.
(13)
Additional reasonable requirements necessary to protect the public health, safety and general welfare as determined by the Board of Zoning Appeals.
C.
Communication Antennae may be allowed in the CD and CG districts based on the following criteria:
(1)
Communication antennae may exceed the district height limitation provided that no equipment shall exceed fifteen (15) feet in height as measured from the roof of the building. If mounted on a water tower or similar structure, the antennae shall not exceed fifteen (15) feet in height as measured from the top of the highest point of the structure.
(2)
Prior to approval of a communication antenna by the Board of Zoning Appeals, the applicant shall document its efforts to locate its communication antenna on an existing communication tower within the City or in close proximity to the City. Such documentation shall also indicate why collocation on any existing tower is not feasible or not desirable.
(3)
The design of the communication antenna shall maximize use of building materials, colors, textures, screening and landscaping that effectively blend the communication antenna facilities with the surrounding natural setting and built environment.
(4)
In addition to the requirements of Section 17.16.020, the site plan for the communication antenna shall include the following information:
(a)
Proposed type, number, and location of antennae or other transmission equipment to be located on the site; and
(b)
Location of any adjoining residential districts or structures used for residential purposes.
(5)
Communication antennae shall not be installed on single-family residential buildings.
(6)
Any communication antenna that is no longer in use for its original communications purpose shall be removed at the owner's expense. The owner shall provide the city with a copy of the notice to the FCC of intent to cease operations and shall be given twelve (12) months from the date of ceasing operations to remove the equipment.
D.
Communication Towers may be allowed in the CD, CG, IL and IG districts based on the following criteria:
(1)
The height of the tower shall not exceed one hundred (100) feet.
(2)
The tower shall be set back from property lines a minimum of one (1) foot for every foot of tower height.
(3)
Owners and operators of every communication tower approved after the effective date of this title shall provide for the collocation of other communications providers on their tower for reasonable compensation.
(4)
Prior to approval of a communication tower by the Board of Zoning Appeals, the applicant shall document their efforts to locate their antenna on an existing communication tower within the City or in close proximity to the City. Such documentation shall also indicate why collocation on any existing tower is not feasible.
(5)
Additional reasonable requirements designed to protect the safety and general welfare of adjoining landowners and other residents of the City.
E.
Used Vehicle Sales (all uses within SIC Code 552) may be allowed in CG district based on the following criteria:
(1)
Shall be located on a site of at least one (1) acre.
(2)
All vehicles shall be in proper running order.
(3)
Additional criteria necessary to protect the public health, safety and welfare as determined by the Board of Zoning Appeals.
F.
Pawn Shops (classified under SIC Code 5932), Check Cashing Agencies (classified under SIC Code 6099) and Personal Credit Institutions (all uses within SIC Code 614) may be allowed in the CG district based on the following criteria:
(1)
All property lines of the lot on which the business is located shall be at least three hundred (300) feet from the nearest property line of any church or similar place of worship, any school, or any residentially-zoned property.
(2)
All property lines of the lot on which the business is located shall be at least one thousand (1,000) feet from the nearest property line of any other use classified within SIC Code 6099 or SIC Code 614, or any pawn shop.
(3)
The establishment shall not be open for business between the hours of 8:00 p.m. and 7:00 a.m.
(4)
The establishment shall have an interior space for patrons to transact business and shall have no drive-up or walk-up window.
(5)
No bars, heavy mesh screens or similar material shall be allowed on the exterior of the building and no such material located on the interior of the building shall be visible from outside the building.
(6)
Additional criteria necessary to protect the public health, safety and welfare as determined by the Board of Zoning Appeals.
G.
General Warehousing and Storage (SIC Code 4225) including only Miniwarehouses and Self-Service Storage Facilities may be allowed in the CG district based on the following criteria:
(1)
There shall be a minimum of one (1) parking space for each employee.
(2)
No gasolines, flammables, explosives or other dangerous materials may be stored, and no motor vehicles may be stored inside a storage building egress to the storage facilities.
(3)
Such facility may contain a surfaced lot for the outside storage of motor vehicles, trailers, and watercraft as an accessory use. Motor vehicle, trailers, and watercraft include boats, boat trailers, camping trailers, materials trailers, and recreational vehicles, and automobiles and light trucks of less than ten thousand (10,000) pounds gross weight. All such vehicles shall be registered and in operating condition. No derelict vehicles shall be allowed. No repair, maintenance, and/or upgrading of motor vehicles, trailers, or watercraft shall be permitted on site.
(4)
All storage facilities shall be separated by walls and ceilings.
(5)
There shall be a minimum of twenty-four (24) feet between buildings for purposes of ingress and egress to storage facilities.
(6)
Each individual storage facility shall not exceed a width of twelve (12) feet, a length of thirty (30) feet and a height of nine (9) feet.
(7)
Additional reasonable requirements, including but not limited to, access ways, billing locations, hours of operation, and on-site resident manager, may be imposed for the protection of adjoining landowners.
H.
Tattoo Establishments. Tattoo establishments may be allowed in commercial (CD) or light industrial (IL) districts based on the following criteria:
(1)
All property lines of the lot upon which the business is located shall be at least two hundred (200) feet from a school or church.
(2)
The establishment shall not be open for business between the hours of 9:00 p.m. and 7:00 a.m.
(3)
The site plan as submitted shall include scale drawings and explanation of exterior signage.
(4)
There shall be appended to the license application a required state license as issued by the State of Illinois, Department of Public Health.
I.
Places of Worship. Places of worship may be allowed in a General Commercial District (CG) and in a Light Industrial District (IL) based upon the following criteria:
(1)
Shall be located on a site of at least two (2) acres.
(2)
No structural improvement upon the premises may be closer than fifty (50) feet from a property line.
(Ord. No. 1997-6-16-D, Art. 10(10.5), 6-16-1997; Ord. No. 2009-7-6-B, § I, 7-6-2009; Ord. No. 2011-2-7-A, § I, 2-7-2011)