§ 2.9. SPECIAL USES

2.9.1

Purpose

It is recognized that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district. Such uses require consideration of their impact upon neighboring land and of the public need for the particular use in a given location. Special uses fall into two categories:

A.

Uses publicly operated or traditionally associated with a public interest; and

B.

Uses entirely private in character, but having unusual characteristics so that their operations may give rise to unique circumstances with respect to their impact upon neighboring property or public facilities.

2.9.2

Applicability

Special use review is required as set forth in the Permitted Use Table (see 5.2).

2.9.3

Initiation of a Special Use

A.

Any person, firm, corporation, office, department, or other legal entity having an interest in land, or a possessory interest, option to purchase or a contractual interest which may become a freehold interest or an exclusive possessory interest, and which is specifically enforceable, may file an application with the consent of the property owner, to use such land for one or more of the special uses provided for in this development code.

B.

Where an amendment is being sought to a previously issued special use where there are multiple owners of the property, the consent of a property owner or owners shall only be required from such owner or owners of property whose use, limitations or site requirements would be amended or changed by such application, with all other owners (whose properties are not so affected but are covered by the previously issued special use) to be listed in the application for special use and provided notice in accordance with the requirements of 2.9.7.

C.

Notwithstanding the foregoing, the applicant shall mail the other property owners notice of the proposed amendment of the special use not less than 15 days nor more than 45 days prior to the public hearing. The application shall submit certification of the mailing of the notice of the proposed amendment of the special use prior to the public hearing.

D.

A special use may also be initiated by the City of Peoria.

2.9.4

Application for Special Use

A.

An application for a special use shall be filed with the Zoning Administrator. The application shall be accompanied by such plans and/or data prescribed by the Zoning Administrator, including, but not limited to a detailed site plan, conceptual rendering and elevations. The site plan shall contain as a minimum the following:

1.

Points of ingress and egress for the proposed development.

2.

Parking plan illustrating internal circulation for the proposed development.

3.

Sign plan for all activity.

4.

Landscaping, screening and buffering plans illustrating specific treatment for screening adjacent residential areas from undesirable impacts from the activity on the proposed site.

5.

Exterior lighting plan illustrating the location of all illuminating fixtures.

6.

Estimated traffic generation of the proposed development.

7.

Illustration of any special treatment of the proposed site that enhances the quality of design.

8.

Boundary lines; bearings, distances and acreage.

9.

Easements; location, width and purpose.

10.

Streets on, adjacent to, the tract; street name, right-of-way width, existing or proposed center line elevations, pavement types, walks, curbs, gutters, and culverts.

11.

Open space; all parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the purpose indicated.

12.

Map data; name of development, north point, scale and date of preparation.

13.

An accurate legal description of the subject property.

14.

Designation of proposed use of the property, the location of all buildings to be constructed, and a designation of the specific internal uses to which each building shall be put.

15.

Elevations.

B.

After the Zoning Administrator certifies the application to be completed, it shall be forwarded from the Zoning Administrator to the Development Review Board for technical review and the Planning and Zoning Commission for public hearing and recommendation to the City Council.

2.9.5

Special Uses in the CG and C2 District

Use of land classified as a special use within the CG and C2 Districts shall provide the City of Peoria with a development impact statement. The development impact statement is designed to provide the decision-making process with adequate information relating to the impacts a large scale commercial use will have on economic, environmental, aesthetic, cultural, residential, and public services within the community. Criteria to be addressed in a development impact statement shall include the following:

A.

Economic Statement

1.

Projected property tax generation;

2.

Projected sales tax generation adjusted for economic shift;

3.

Projected benefits due to expanded customer/consumer service/product mix to be provided to the community; and

4.

Impacts on surrounding property values.

B.

Environmental Statement

1.

Existing storm and sanitary sewers and their capacity;

2.

Soils—type and classification for agricultural uses and structural stability;

3.

Slope, proposed cut and fill;

4.

Flood plain locations and impact of proposed development;

5.

Protected water table recharge areas and development impacts;

6.

Impacts on surrounding land use, [and] quality of life factors relating to physical, cultural, and aesthetic impacts the proposed development may have on surrounding existing land uses; and

7.

Construction phases impacts, traffic on residential streets, erosion, inconvenience.

C.

Public Services Statement

1.

Transportation systems network impact;

2.

Police/fire protection impact; and

3.

General services impacts.

4.

This statement may be replaced by a statement of no impact for the redevelopment expansion or reconstruction of existing development. The statement of no impact shall include rationale for each of the above criteria. The statement must outline the center's use of existing services and how the redevelopment, reconstruction, or expansion of the center will not impact those existing services.

5.

Any application which does not include all of the indicated materials shall be rejected and returned to the developer.

2.9.6

Planning and Zoning Commission Public Hearing

The Planning and Zoning Commission shall hold a public hearing on each application at such time and place as shall be established by the Planning and Zoning Commission. Such hearing shall be scheduled not more than 60 days from the submitted date of a complete application for a special use by the Zoning Administrator. The public hearing shall be conducted and a written record of the proceedings shall be preserved.

2.9.7

Notice Requirement for Public Hearing

Not less than 15 days nor more than 30 days prior to a public hearing for a special use, notice of the time and place of such public hearing shall be advertised by:

A.

Publication at least once in a newspaper of general circulation within the City of Peoria;

B.

Mailing of notices of the hearing by the City of Peoria to assessees, per department procedures, of the subject property and all property within 250 feet of the property line of the subject property; and

C.

The posting of the Official Notice of Public Hearing Sign, by the petitioner, per department procedures, on the subject property. The unauthorized removal of the Official Notice of Public Hearing Sign shall be deemed a violation of this development code.

2.9.8

Development Review Board

All applications for special uses shall be forwarded by the Zoning Administrator to the Development Review Board for their review. The Development Review Board shall review the site plan and report its findings and recommendations to the Planning and Zoning Commission within 30 days of the original filing of a certified complete application for said special use.

2.9.9

Planning and Zoning Commission Findings

For each application for a special use the Planning and Zoning Commission shall, within 45 days of the conclusion of the public hearing on the application, render its decision to recommend the proposed special uses and shall report its recommendations to the City Council together with findings of fact relating to each of the standards. In making its decision, the Planning and Zoning Commission shall keep a written record of findings relative to the standards for considering special use applications as listed below.

2.9.10

Standards

No special use shall be recommended by the Planning and Zoning Commission, unless it shall find that:

A.

The establishment, maintenance, or operation of the special use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare;

B.

The special use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located;

C.

The establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

D.

Adequate facilities, access roads, drainage and/or necessary facilities have been or will be provided;

E.

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;

F.

The proposed special use is not contrary to (supports and furthers) the objectives of the adopted plans (see 1.6);

G.

If a public use or a use providing public utility service, that such use or service shall meet a demonstrable public need, and provide a public benefit;

H.

The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendations of the Planning and Zoning Commission.

2.9.11

Conditions and Guarantees

Prior to the granting of any special use, the Planning and Zoning Commission may recommend and the City Council may place such conditions and restrictions, upon the establishment, locations, construction, maintenance, and operation of the special use as it is deemed necessary for the protection of the public interest and to secure compliance with the standards of requirements specified in 2.9.10. In all cases in which special uses are subject to conditions, the Planning and Zoning Commission may recommend and the City Council require evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.

2.9.12

Effect of Denial of Special Use

No application for a special use which has been denied wholly or in part by the City Council, shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or if proof of change of conditions is found to be valid by the Zoning Administrator.

2.9.13

Revocation

In any case where a special use is not in place and in active use within two years from the date of granting, and/or in accordance with the terms of the special use originally granted, then, without further action by the Planning and Zoning Commission and the City Council, the special use, or authorization thereof, shall be null and void.

2.9.14

Amendments to Existing Special Uses

Changes to previously approved Special Uses may be administratively reviewed and approved under the following circumstances:

A.

The proposed changes do not include a change of use; or

B.

The proposed changes do not include an expansion to building height or size, or parking lots greater than 10 percent, except for expansions or additions of accessory structures; or

C.

The proposed change does not include a change to the legal description of the special use; or

D.

There are no waivers of the Unified Development Code requirements.

E.

Applications for administrative amendments shall be submitted to the Zoning Administrator and subject to the site plan review process as set forth in 2.1.3 Development Review Board. Only one administrative amendment shall be approved for an extension of time to establish the use or an expansion to an existing building.

F.

Amendments to Shopping Centers shall be reviewed and approved as set forth in 5.3.3.J.

2.9.15

Limitations on Continuation of Special Use

Once a special use is established, the special use may continue as approved under the following limitations:

A.

When a special use is discontinued for twenty-four (24) consecutive months, the special use permit shall expire.

B.

The construction of a special use in variation with the approved site plan, elevation, or conditions of the special use permit, shall be considered a violation of this chapter and shall be subject to the enforcement mechanisms specified in Section 2.15, Penalties and Enforcement.

( Ord. No. 17505 , § 1(Exh. A), 9-26-17)