Any person proposing a land use or development shall comply with the procedures of this section. Table 4-1 summarizes the procedures and decision makers involved in the development proposal process.
TABLE 4-1: DEVELOPMENT REVIEW PROCEDURES SUMMARY
Development Order | Recommending Agency | Decision Maker | Application Process | Applicable Section |
Development Order | Recommending Agency | Decision Maker | Application Process | Applicable Section |
Staff issued permits | Staff | Staff1 | Type 1 | |
Comprehensive plan amendment | Board of zoning appeals and planning2 | City council | Type 3 | |
UDC text and zoning map amendments | Board of zoning appeals and planning2 | City council | Type 3 | |
Conditional use permit | Board of zoning appeals and planning2 | City council | Type 3 | |
Planned unit development Preliminary plan Final plan | Board of zoning appeals and planning2 | City council | Type 3 Type 2 | |
Site plan review corridor development district | Corridor review committee | City council | Type 3 | |
PUD plan major amendment | Board of zoning appeals and planning2 | City council | Type 3 | |
PUD plan minor amendment | - | Staff | Type 1 | |
Major subdivision concept plan3 | Board of zoning appeals and planning | City council | Type 3 | |
Subdivision preliminary plat | Board of zoning appeals and planning2 | City council | Type 3 | |
Subdivision construction plans | Staff | Staff | Type 1 | |
Subdivision final plat | Staff | City council | Type 2 | |
Subdivision - minor4 | Staff | City council | Type 2 | |
Conveyances and plat adjustments or corrections | Staff | City council | Type 2 | |
Vested rights determination | Staff | City council | Type 2 | |
Vacations/ abandonments | Staff | City council | Type 2 | |
Improvement agreements | Staff | City council | Type 2 | |
Variances | Board of zoning appeals and planning2 | City council | Type 3 | |
Appeals to staff actions | Staff | Board of zoning appeals and planning | Type 4 | |
Notes:
1. Board of zoning appeals and planning approval required for site plans in conformance with subsection 10-4-2B4 of this chapter.
2. The building official is responsible for receiving and submitting a staff report relating to the application for development approval prior to the formal recommendation or decision, as applicable.
3. Major subdivisions involve the division of a tract into 5 or more parcels or more than 1 division of a tract of land.
4. Minor subdivisions involve the division of a tract into 4 or fewer parcels, or any subsequent division after 1 initial minor subdivision of a tract.
(Ord. 03-O-9, 3-18-2003; amd. 2006 Code)
A. Application Process: The following procedures apply to all applications, except as modified for specific procedures:
1. When Required: Unless indicated as optional, applicants shall meet with the staff to discuss the nature of the proposed application, application submittal requirements, the procedure for action and the standards for evaluation of the application.
2. Application Requirements: Current application materials shall be made available in the office of the building official. Such applications shall be filed in advance of any public hearing or public meetings required pursuant to this title. The building official may establish a schedule for filing any application for development approval requiring action by the board of zoning appeals and planning or the city council, which schedule shall provide adequate time for notice and/or publication consistent with the Illinois Compiled Statutes or otherwise applicable requirements. Completed applications shall be filed and processed according to the schedule. At the preapplication conference, the building official may determine that additional information is necessary to provide for an adequate assessment of the project. At any time during the processing of any application, additional information may be required by the decision maker to respond to issues or concerns that may not have been evident at the preapplication conference. The results of the preapplication conference, prepared by staff, shall be made part of the development file upon submittal of an application.
3. Streamlining Development And Permitting Process: The building official and the public works director, as applicable, shall be authorized to shorten the time required to process applications for development, provided there is no conflict with statutory requirements.
4. Staff Review: The staff shall review the application and determine if the application is complete. If the application is incomplete or submitted prematurely, the building official shall return it to the applicant to be resubmitted in conformance with this title. All applications shall be reviewed by city staff and other appropriate agencies for compliance with city codes and policies. The staff may forward copies of the applications to various agencies for their review of the material submitted. Review agencies may request additional time for review, which may be granted by the decision maker if good cause is shown and if such request is made within the review time. The agencies' review will be advisory and does not constitute approval or denial. Upon completion of staff review, the staff will provide its comments in writing to the applicant.
5. Building Official Or Public Works Director Decision: After the applicant has had the opportunity to respond to the comments of staff and other agencies, the building official or the public works director, as applicable, shall recommend approval or denial of the application based on the applicable review criteria. (Ord. 03-O-9, 3-18-2003)
6. Appeals: Appeals to the building official's or the public works director's decision, as applicable, shall be filed within thirty five (35) days of the date when the decision sought to be amended was served upon the party affected by the decision as defined in 735 Illinois Compiled Statutes 5/3-103. (Ord. 03-O-9, 3-18-2003; amd. 2006 Code)
7. Amendments: Unless otherwise stated, a permit shall be amended through the process it was originally approved.
8. Validity: Unless otherwise stated, all permits and approvals shall expire within one year of issuance or approval; provided, that the decision maker may approve an extension of up to twelve (12) months upon receipt of an application providing evidence that the applicant can proceed with the initial permit in conformance with currently adopted codes and policies.
9. Enforcement And Revocation: The building official or the public works director, as applicable, may revoke any permit for failure to comply with the conditions of the permit. (Ord. 03-O-9, 3-18-2003)
B. Notice And Public Hearing Provisions:
1. General Provisions:
a. The content of public hearing notices and method of giving notice for public hearings shall be done in conformance with the requirements in 65 Illinois Compiled Statutes 5/11-13-2, 5/11-13-14, 5/11-13-3, 5/11-13-1.1 and 5/11-13-7, and this title as applicable. The applicant shall pay all costs for notification, shall ensure its timely delivery to the newspaper, shall provide the "certificate of publication" to the building official, shall post signs and deliver appropriate notice as detailed below.
b. A public hearing shall be held by the board of zoning appeals and planning in accordance with this title and any rules established by the board before any action to change or amend this title, the zoning map, and any decision on a conditional use permit, variance, vacation/abandonment of public easements or right of way and the Charleston comprehensive plan.
2. Timing Of Notice: As specified in table 4-2 (subsection B7 of this section), notice shall be published, hand delivered or mailed and posted by sign not more than thirty (30) days nor fewer than fifteen (15) days before the applicable hearing. For staff issued permits, signs shall be posted for the duration of work being done pursuant to the permit.
3. Published Notice: In any instance in which a public hearing is required, a notice setting forth the date, time, place and purpose of such hearing, the name of the applicant and identification of the subject property must be published at least once in the Charleston Times-Courier, or its successors.
4. Notice Of Public Hearing: Notice of a public hearing, as required in table 4-2 (subsection B7 of this section), shall be hand delivered and attested to by signed affidavit or sent by the applicant by first class U.S. mail to every owner of property within two hundred fifty feet (250') of the subject property. The notice shall be hand delivered or mailed, to each affected property owner at the mailing address listed in the official records of the Coles County assessor.
a. The point at which the distance is measured for the hand delivered or mailed notice shall begin at the property boundary line that completely encompasses the subject property. The distance shall be measured, in a straight line from the subject property boundary.
b. Mailed notice shall be in postcard form stating the date, time and place of the hearing, a general description of the proposal, the location of the property which is the subject of the hearing, and other such requirements as further specified in this title. The mailed notice must also include a statement explaining that members of the public may be heard at the public hearing.
c. The failure of a property owner to receive the notice by hand delivery or mail, if timely sent and properly addressed to the current owner of record, shall not be grounds for invalidating any action taken by the responsible decision making body.
5. Property Sign: When required by table 4-2 (subsection B7 of this section), the applicant shall post city approved signs giving notice of the pending application. The applicant shall post at least one sign on the subject property prior to the hearing, on or before the date of the published notice. At least one sign shall be visible from street abutting the subject property. The sign(s) shall remain posted on the property until after the close of the final public hearing.
6. Agenda Notice: Notice shall be posted at city hall at least forty eight (48) hours prior to any public hearing.
7. Table 4-2:
TABLE 4-2: SUMMARY OF NOTICE REQUIREMENTS
Notice | ||||
Application | Publication | Mail Or Hand Delivery | Sign | |
Notice | ||||
Application | Publication | Mail Or Hand Delivery | Sign | |
Staff issued permits | - | - | ||
Comprehensive plan | ||||
Text amendment | - | - | ||
Map amendment | ||||
UDC text | - | - | ||
Zoning map amendments | ||||
Conditional use permit | ||||
Site plan review-C/D district | ||||
Planned unit development | ||||
Preliminary plan | ||||
Final plan | - | - | - | |
PUD plan amendment | ||||
Major | ||||
Minor | - | - | - | |
Subdivision concept plan | - | - | - | |
Subdivision preliminary plat | - | - | ||
Subdivision construction plans | - | - | - | |
Subdivision final plat | - | - | - | |
Subdivision - minor | - | - | ||
Conveyances and plat adjustments or corrections | - | - | - | |
Vested rights determination vacations/abandonment | ||||
Development improvement agreements | - | - | - | |
Variances, appeals to staff actions | ||||
(Ord. 07-O-16, 4-3-2007)
C. Application And Public Hearing Procedures:
1. Application Review: All applications shall be reviewed as a type 1, type 2, type 3 or type 4 application in accordance with table 4-1 (located at the beginning of this section). These processes are illustrated in exhibit 4-1 (subsection C9 of this section). Timelines shown in exhibit 4-1 are maximums unless otherwise noted or prescribed by state law.
a. Type 1: Type 1 applications shall be reviewed and decided upon by staff. Decisions may be appealed to the board of zoning appeals and planning in accordance with subsection 10-4-3L of this chapter.
b. Type 2: Type 2 applications shall be reviewed by staff, which shall make a recommendation to the city council. The city council may accept the staff recommendation on a consent agenda or conduct a hearing on the staff recommendation and then approve the application, approve the application with conditions or deny the application.
c. Type 3: Type 3 applications shall be reviewed by staff, which shall make a recommendation to the board of zoning appeals and planning. The board shall conduct a public hearing as required, and make a recommendation to the city council. The city council may approve the application, approve the application with conditions or deny the application. The city council may add or modify conditions of approval recommended by the board by a simple majority vote, but a three-fourths (3/4) majority of the council is required to overturn any recommendation made by the board.
d. Type 4: Type 4 applications shall be reviewed by staff, which shall prepare findings of fact for review by the board of zoning appeals and planning. The board shall conduct a public hearing on the application and render a decision based on its own findings of fact from the application, staff findings and testimony during the hearing.
2. Purpose Of Hearing: The purpose of a public hearing is to allow the applicant and all other interested parties a reasonable and fair opportunity to be heard, to present evidence relevant to the application, and to rebut evidence presented by others.
3. Conduct Of Hearing: Public hearings shall be conducted in conformance with 65 Illinois Compiled Statutes.
4. Applicant Not Present: If the applicant is not present at the public hearing of the board of zoning appeals and planning, then the board may elect to take no action on the application. (Ord. 03-O-9, 3-18-2003)
5. Record Of Proceedings: The proceedings of all public hearings shall be recorded in conformance with the provisions of 5 Illinois Compiled Statutes 120/2.06. (Ord. 03-O-9, 3-18-2003; amd. 2006 Code)
6. Continuance Of Proceedings:
a. Continuances may be granted in accordance with applicable board or city council policy.
b. The record shall indicate the reason such continuance was made and any stipulations or conditions placed upon the continuance.
c. If the board of zoning appeals and planning or city council, continues a public hearing on its own motion, it may direct the building official to advertise the continuance of the public hearing.
d. If the continuance of a public hearing is made at the request of an applicant, the board of zoning appeals and planning or city council may direct the applicant to advertise the continuance of the public hearing at the applicant's expense.
e. Where an applicant is required to advertise the continuance of the public hearing, the applicant shall submit a certificate of publication to the building official indicating that such publication has occurred.
7. Action On Applications Requiring Notice: The decision maker may take any action on an application that is consistent with the notice given, including approval of the application, conditional approval of the application or denial of the application. The decision maker may allow amendments to the application if the effect of the amendments is to reduce the density or intensity of the original application, reduce the impact of the development, or reduce the amount of land involved from that indicated in the notices of the hearing.
8. Notice Of Final Determination: Within ten (10) days of the final determination on the development application, written notification of the decision shall be mailed to the applicant, stating the action taken and including all conditions imposed and times established for satisfaction of such conditions, if any. If the decision maker denies the application, a written statement setting forth the basis for the denial shall be included.
9. Exhibit 4-1:
D. Postdecision Proceedings:
1. Appeals Of Action By Final Decision Maker: Any appeal to a final action by the city council or board of zoning appeals and planning shall be filed within thirty five (35) days of the action being appealed, unless otherwise provided by law.
2. Amendments And Revisions: The building official may approve adjustments and revisions to the terms of approval of an application for development. Minor revisions must be authorized in writing by the building official and are subject to appeal to the board of zoning appeals and planning pursuant to subsection 10-4-3L of this chapter. Minor revisions that may be authorized are technical corrections to improve clarity discovered after the decision on the development application by the applicant or the building official. Minor revisions shall not result in higher densities, additional units or floor area, abandonment of easements or variance from the minimum standards of this title. Major amendments and revisions of a development proposal shall be reviewed by the approving body after a public hearing in accordance with the provisions of this section and other applicable sections of this title.
3. Stay Of Action: An appeal or protest stays all proceedings in furtherance of the action appealed unless the building official certifies to the decision maker, after notice of appeal has been filed, that by reason of the facts stated in the certificate, a stay would, in the building official's opinion, cause imminent peril to life or property.
E. Expiration Of Development Approval:
1. Time Of Expiration: Unless otherwise provided, development applications shall automatically expire, and all activities pursuant to such approval thereafter shall be deemed in violation of this title, when:
a. The applicant fails to satisfy any condition that was imposed as part of the original or revised approval of the development application, or that was made pursuant to the terms of any development agreement, including the failure to abide by specified time limits established therein; or
b. The applicant fails to present a subsequent development application as required by this title within the time required. If no time limit for satisfaction of conditions is specified in the original or revised approval of the development application, the time shall be presumed to be one year from the date of approval.
2. Extension Procedures: Unless otherwise prohibited by this title, the building official may extend a staff issued permit for a period not to exceed one hundred twenty (120) days from the original date of expiration.
F. Revocation Of Permit Approval:
1. Duties Of Building Official And Public Works Director: If the building official or the public works director determines that there are reasonable grounds for revocation of a development permit or approval, the building official or the public works director, as applicable, shall set a hearing before the final decision maker. If the original permit approval being revoked was made by the building official or the public works director, the hearing shall be conducted by board of zoning appeals and planning. All other revocations shall be reviewed by the city council. If the city council was the original decision maker, the council may, at its sole discretion, refer the proposed revocation to the board of zoning appeals and planning for a recommendation prior to its action.
2. Notice And Public Hearing: Notice of the revocation hearing shall be given in the same manner as required for the original application. A public hearing shall be conducted in accordance with the procedures of subsection B of this section.
3. Decision And Notice: After the conclusion of the hearing, the decision maker shall render a decision to revoke the permit or allow the applicant to retain the development permit.
4. Effect And Appeals: A decision to revoke a development permit shall become final fifteen (15) days after the date the decision is rendered, unless appealed. After the effective date of revocation, any activities continuing pursuant to the permit shall be deemed to be in violation of this title.
5. Right Cumulative: The city's right to revoke a development permit, as provided in this section, shall be cumulative to any other remedy allowed by law.
G. Transfer Of Land; Building Permit: No parcel of land in a subdivision created after the adoption of this title shall be transferred, sold, or offered for sale; nor shall a building permit, zoning permit or certificate of occupancy be issued for any use or structure thereon, until a plat of subdivision shall have been recorded with the recorder of deeds of Coles County, Illinois, in accordance with this title. Any person who violates this provision shall be subject to the penalties expressed in chapter 3 of this title.
H. City Initiated Requests: The city manager, mayor, board of zoning appeals and planning or city council may initiate a request for any development permit on behalf of the city. Such requests shall not be subject to fees, but shall otherwise follow the same procedures established in this chapter. (Ord. 03-O-9, 3-18-2003)