A. Comprehensive Plan Amendments: All comprehensive plan amendments follow the type 3 review process as described in subsection 10-4-1C of this chapter.
1. Purpose: To amend the comprehensive plan from time to time so that they best reflect existing conditions and projected needs of the city.
2. Application And Procedures:
a. The applicant shall file an application with the required information listed in the appendix to the ordinance codified herein.
b. Amendments to the comprehensive plan text may be initiated by the board of zoning appeals and planning, the city council, city staff or by petition of an owner of property located in the city.
c. Before any application is made, the applicant is encouraged to confer with the building official to discuss, in general, the procedures and requirements for a comprehensive plan amendment request pursuant to this title.
d. A comprehensive plan amendment request may be initiated by filing an application with the building official and paying the application filing fee as established by the city council.
3. Review Criteria: The following criteria shall be considered when reviewing a comprehensive plan amendment application:
a. Whether there was error in the original comprehensive plan adoption in that the council failed to take into account then existing facts, projections or trends that were reasonably foreseeable to exist in the future.
b. Whether events subsequent to the comprehensive plan adoption have invalidated the council's original premise and findings made upon plan adoption.
c. Whether any or all of the council's original premise and findings regarding comprehensive plan adoption were mistaken.
d. Whether events subsequent to the comprehensive plan adoption have changed the character and/or condition of the area so as to make the application acceptable.
4. Decision Makers:
a. Board Of Zoning Appeals And Planning:
(1) The board of zoning appeals and planning shall hold a public hearing in accordance with subsection 10-4-1B of this chapter within thirty (30) days of receipt of application and make its recommendation to the city council on each proposed comprehensive plan amendment.
(2) When the board of zoning appeals and planning deems it necessary or expedient, the board may consider other property for a change or amendment of plan category in addition to the property described in the application provided that such additional property is included in the hearing notices.
(3) In determining its recommendation of whether the proposed amendment should be approved, the board of zoning appeals and planning shall consider the review criteria established in subsection A3 of this section.
b. City Council:
(1) The council may approve, conditionally approve or deny the proposed amendment.
(2) When making its decision, the council shall consider the review criteria established in subsection A3 of this section and the record provided by the board. If the plan amendment is approved, future amendments to the zoning map shall be consistent with the approved comprehensive plan amendment.
(3) The city council shall act on the plan amendment in conformance with 65 Illinois Compiled Statutes 5/11-12-7 within thirty (30) days of the next council meeting following the conclusion of the board's public hearing.
5. Filing Of Plan: The official comprehensive plan shall be certified by the city council and placed on file with the city clerk.
B. Text And Zoning Map Amendments: All amendments to the text of this title and zoning map amendments follow the type 3 review process as described in subsection 10-4-1C of this chapter.
1. Purpose: The council may, from time to time, on its own motion or on petition, amend, supplement, or change, by ordinance, the zoning map or development regulations in this title to better provide for the public health, safety and welfare of the city.
2. Applicability: An owner of real property within the city, or that owner's authorized representative, may apply for a change in zoning district boundaries (rezoning) for that landowner's property, or an amendment to the text of this title. The board of zoning appeals and planning, city manager or the city council also may initiate such amendments.
3. Application And Procedures: The applicant shall file an application with the required information listed in the appendix to the ordinance codified herein.
4. Review Criteria: Changes to the text of this title or the zoning map shall not become effective until after review and study by the board of zoning appeals and planning and the city council who shall consider the following review criteria, as applicable, to determine whether the change should be approved:
a. The existing zoning was in error at the time of adoption; or
b. The proposed change is consistent with, and in furtherance of, the implementation of the goals and objectives of the comprehensive plan, other adopted plans, and the policies, intents and requirements of this title and other city regulations and guidelines; or
c. There is a community need for and benefit from the proposed change; or
d. The proposed change is consistent with the character of the affected area; or
e. The proposed zoning is compatible with the zoning and uses of property nearby; or
f. The existing zoning is suitable for the development of the uses authorized under the existing zoning classification, will be conducive to proper community planning, and is a logical extension of an existing urban area or growth center; and
g. Public and community facilities, which may include, but are not limited to, sanitary and storm sewers, water, electrical service, police and fire protection, schools, parks and recreation facilities, roads, libraries, and solid waste collection and disposal, are available and adequate to serve uses authorized under the proposed zoning; and
h. Authorized uses will not adversely affect the capacity or safety of the street network in the vicinity of the property; and
i. Potential environmental impacts (e.g., excessive storm water runoff, water pollution, air pollution, noise pollution, excessive lighting, or other environmental harms) of authorized uses will be mitigated.
5. Decision Makers:
a. Board Of Zoning Appeals And Planning:
(1) The board of zoning appeals and planning shall hold a public hearing on each proposed amendment within thirty (30) days of the date of application.
(2) When the board of zoning appeals and planning deems it necessary or expedient, the board may consider other property for a change or amendment of zoning district in addition to the property described in the application; provided, that such additional property is included in the hearing notices.
(3) Within thirty (30) days of the conclusion of the public hearing, the board of zoning appeals and planning shall forward to the city council a summary of all evidence taken at the hearing, together with its recommendations for any change to zoning district boundaries and/or regulations. The board may recommend approval, denial, or conditional approval. The reasons for the recommendations shall be included. A copy of the recommendations shall be given to the applicant.
b. City Council:
(1) Decision: The council shall consider the findings of fact and the recommendation of the board of zoning appeals and planning and the record of public input. Within thirty (30) days of conclusion of the council's initial consideration of the application, the council may, by simple majority vote, approve, deny or conditionally approve the recommendation of the board of zoning appeals and planning.
(2) Amending Ordinance: If the council approves an application, it shall adopt an ordinance approving the change. The amending ordinance shall define the change or boundary as amended. The ordinance shall be filed with the city clerk and shall be recorded in the county recorder's office.
(3) Protest: In case a written protest is filed with the city clerk, in conformance with 65 Illinois Compiled Statutes 5/11-13-14, a favorable vote of four-fifths (4/5) of the council membership shall be required to approve the amendment.
C. Planned Unit Development (PUD):
1. Purpose: The purpose of the PUD process is to demonstrate conformance with the comprehensive plan, compatibility of land use and coordination of improvements within and among individually platted parcels, sections or phases of development. A PUD application includes a rezoning application tied to a detailed plan for site development and a subdivision plat if applicable. The concept plan phase of the PUD includes the site layout and preliminary plat. The final plan is approved in conjunction with the rezoning, proposed development phasing and final subdivision plat.
2. Applicability: Planned unit development may be applied to residential, commercial, industrial and mixed use projects to provide design flexibility not available through strict interpretation of the standards established in this title. Classification as a planned unit development shall require a rezoning of the affected property in conformance with subsection B of this section. Design flexibility is provided through planned unit development to enhance long term community benefits that may be achieved through high quality development that provides:
a. More efficient infrastructure.
b. Reduced traffic demands.
c. More usable public or private open space.
d. Recreational amenities.
e. Needed housing choices.
3. PUD Concept Plan:
a. Purpose: A PUD concept plan constitutes a major step in the review process and provides general information about the proposed planned unit development.
b. Applicability: A concept plan is optional, unless the applicant proposes to develop a portion of a larger site.
c. Application And Procedures: The applicant shall file an application with the required information listed in the appendix to the ordinance codified herein. PUD concept plan shall be processed as a type 3 application as described in subsection 10-4-1C of this chapter.
d. Review Criteria: The concept plan application shall be evaluated using the review criteria established for zoning map amendments (subsection B of this section), major subdivision (subsection E of this section) and the following criteria:
(1) The development design is consistent with the purposes of the planned unit development (subsection C1 of this section) and comprehensive plan goals and policies; and
(2) The development is designed and phased to make efficient use of existing infrastructure, have lower traffic volumes or contribute to better mobility than would conventional development, provide more usable public or private open space or other recreational amenities than conventional development, and provide needed housing choices; and
(3) The development will provide long term benefits to the neighborhood in which it is located and the community as a whole.
e. Decision Makers:
(1) Board Of Zoning Appeals And Planning: The board of zoning appeals and planning shall review the concept plan application at a public hearing and make a recommendation to the city council for approval, denial, or conditional approval of the concept plan, the requested rezoning and the preliminary subdivision plat, if applicable.
(2) City Council: The city council shall review the concept plan application, proposed zoning amendment, and the board of zoning appeals and planning recommendation, and approve, deny, or conditionally approve the concept plan and preliminary plat, if applicable. The city council may require the dedication of perimeter rights of way as a condition of concept plan approval.
4. Final Development Plan:
a. Purpose: The final development plan, together with the development schedule and final plat, shall act as the blueprint for development of a planned unit development project over the length of time the project is developed. The final development plan and final plat refine the information submitted during the concept plan stage.
b. Application And Procedures: The applicant shall file an application with the required information listed in the appendix to the ordinance codified herein, and it shall be processed as a type 2 application in accordance with subsection 10-4-1C of this chapter.
c. Review Criteria: The final development plan and final plat application and submittal shall be in substantial conformance with the concept plan. The final development plan shall be reviewed for substantial conformance with the concept plan and the review criteria for rezoning (subsection B of this section) and subdivision (subsection E of this section). Substantial conformance means that the application does not:
(1) Vary the proposed gross residential density or intensity of use;
(2) Vary the proposed ratio of residential units to nonresidential square footage;
(3) Involve a reduction of the area set aside for common open space or the substantial relocation of such area;
(4) Substantially increase the floor area proposed for nonresidential use; or
(5) Substantially increase the total ground areas covered by buildings or involve a substantial change in the height of buildings.
d. Decision Makers: The city council shall review the final plan, proposed zoning amendment and final plat, as applicable, within thirty (30) days following the receipt of the complete application. The council shall approve, conditionally approve or deny the final development plan, rezoning, development schedule and final plat within thirty (30) days of its initial consideration. The applicant shall provide all required subdivision guarantees prior to the final reading of the ordinance creating the PUD.
e. Recording: The final development plan and final plat with restrictive covenants and articles of incorporation, if any, a certified copy of the ordinance approving the plan and plat, and any other related documents and changed zoning shall be recorded in the county recorder's office within six (6) months of approval by the city council. (Ord. 03-O-9, 3-18-2003)
f. Amendments To Final Development Plan And Final Plat: No changes shall be made in the approved final development plan and final plat unless in conformance with the following requirements:
(1) Minor Changes: The building official may authorize minor changes under the following conditions:
(A) The term "minor changes" as used in this section is considered to represent changes which do not alter the overall characteristics of the total plan and which create no adverse impacts on adjacent uses or public services and facilities. Some examples of what can be considered as minor changes are: (Ord. 09-O-60, 12-1-2009)
(i) Changes in location and type of landscaping and/or screening so long as the approved character and intent is maintained;
(ii) Changes in the orientation of portions of parking areas so long as the effectiveness of the overall site circulation and parking is maintained; parking areas shall be relocated not closer than twenty feet (20') to any residential structure or ten feet (10') to any street or right of way lines; and the number of parking spaces shall not be reduced by the relocation;
(iii) Changes in the location of sidewalks and pathways; provided, that continuity of pedestrian circulation remains;
(iv) The reorientation, but not complete relocation, of major structures; or
(v) Changes that will not impact properties or uses outside of and adjacent to the PUD. (Ord. 03-O-9, 3-18-2003)
(vi) The construction of accessory buildings and structures as established in this title. (Ord. 09-O-60, 12-1-2009)
(B) No minor change authorized by this section may cause any of the following:
(i) Change in the permitted uses or of development character;
(ii) Increased overall coverage of structures;
(iii) Increased intensity of use;
(iv) Increased demand for traffic circulation and public utilities;
(v) Decrease in public or private open space;
(vi) Decrease in pavement and sidewalk widths; or
(vii) Increased numbers of dwellings.
(2) Major Changes: All other changes to the approved final development plan shall be deemed "major" and shall be approved only by the council after review of a revised final development plan and/or map. No amendments may be made in the approved final development plan unless the applicant establishes that such amendments are required as a result of:
(A) Changes in conditions which occurred after final development plan approval;
(B) Changes in the development policy of the community; or
(C) Conditions that were reasonably unforeseen at the time of final development plan approval.
(3) Recording Of Changes And Amendments: Any changes that are approved for the final development plan and/or final plat shall be recorded as amendments to the previously recorded plan and/or map.
5. Lapse Of Plan And Rezone: If a PUD has not been completed in accordance with an approved development schedule (a "lapse"), the building official shall schedule the project before the board of zoning appeals and planning, at which time a revocation of all prior approvals shall be considered. If the board of zoning appeals and planning determines that a lapse has occurred, the building official shall record an appropriate legal notice and may initiate, without owner consent, a zoning change to the underlying zone.
6. Development According To Final Development Plan And Final Plat: No building permit shall be issued on any site unless a site plan has been submitted and approved in accordance with the provision in subsection 10-4-2B of this chapter, and unless such site plan conforms with the conditions of the adopted final plan and final plat.
7. Transfer Of Ownership: The requirements, restrictions, conditions and provisions of the approved PUD concept plan and final development plan and final plat shall be binding upon the owners, their heirs and assigns and future owners until such time as the city may release such limitation on the use of the subject property under the procedures provided herein.
D. Conditional Use Permits: All conditional use permit applications follow the type 3 review process as described in subsection 10-4-1C of this chapter.
1. Purpose: The purpose of conditional use review is to allow the city to exercise some discretion over the extent and design of certain activities that could have a detrimental effect on the community if permitted to exist in large numbers, in certain locations or without special conditions. Therefore, these regulations enable the city to authorize a conditional use subject to conditions that mitigate the potential problems associated with the use or its location in relation to the neighboring properties. A conditional use is not a use by right.
2. Applicability: Conditional uses, as shown in tables 5-2 and 5-3 (subsections 10-5-3B and C, respectively, of this title), are uses that have negative impacts upon allowed uses that can be mitigated for some sites. A conditional use, once approved, goes with the land for the approved use only, unless the permit is revoked due to violations enumerated in subsection D6 of this section. The designation of a use in a zoning district as a conditional use does not constitute an authorization or assurance that such use will be approved. Temporary uses for commercial, recreational or amusement land uses also shall be required to receive approval of a conditional use permit.
3. Application And Procedures: The applicant shall file an application with the required information listed in the appendix to the ordinance codified herein.
4. Review Criteria: The following criteria shall be used when determining approval of a conditional use permit:
a. The proposed use at the specified location is consistent with the goals, objectives and policies of the comprehensive plan;
b. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations and complies with requirements of this code;
c. The proposed conditional use is not materially detrimental to the public health, safety, comfort and general welfare, and will not result in material damage or prejudice to other property in the vicinity;
d. The proposed use is compatible with and preserves or enhances the character and integrity of adjacent development and includes improvements necessary to mitigate adverse development related impacts, such as traffic, noise, odors, visual nuisances, or other similar adverse effects to adjacent development and neighborhoods;
e. The proposed use does not generate pedestrian and vehicular traffic that will be hazardous to the existing and anticipated traffic in the neighborhood;
f. The proposed conditional use complies will all fire, health, building, plumbing, electrical and storm water drainage regulations of the city, county, state and federal agencies; and
g. Adequate utilities exist to service the proposed conditional use.
5. Decision Makers:
a. Board Of Zoning Appeals And Planning: The board of zoning appeals and planning shall conduct a public hearing, review the conditional use permit application and make its recommendation to the council for approval, denial, or conditional approval.
b. City Council: The council shall review the conditional use permit application and any other proposed action related to the permit and the board's recommendation, and shall approve, conditionally approve or deny the permit. The council may impose conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to protect the public and to ensure compliance with the provisions of this title.
6. Revocation: Any conditional use permit granted under the authority of this title is subject to revocation by the council for any or all of the following reasons:
a. Noncompliance with any special conditions imposed by this title or by the council at the time of approval of the conditional use permit.
b. Violation of any provisions of this title pertaining to the use of the land, construction or uses of buildings or structures or activities conducted on the premises by the permittee or agents of the permittee.
c. Violation of any other applicable provisions of this title or any state or federal law or regulation by the permittee or agents of the permittee; provided, that such violations relate to the conduct or activity authorized by the conditional use permit or the qualifications of the permittee or its agents to engage in such conduct or activity.
7. Validity: The conditional use permit shall be valid for the duration of the period specified in the ordinance approving the permit unless revoked by the council or the use is ceased or terminated for ninety (90) consecutive days. The duration of the permit may be extended if, after a public hearing, the board of zoning appeals and planning recommends and the council grants the extension of up to one hundred twenty (120) days. Conditional use permits granted prior to adoption of this title shall remain in effect under the conditions established at the time the permits were issued. Amendments to those permits shall be processed as new permits in accordance with this title. (Ord. 03-O-9, 3-18-2003)
E. Major Subdivision: All subdivisions creating five (5) or more lots or parcels (any of which is less than 5 acres) and any subdivision of a parcel created through the minor subdivision process, shall be processed in conformance with 65 Illinois Compiled Statutes 5/11-12-8 and 765 Illinois Compiled Statutes 205/0.01 et seq. (Ord. 09-O-60, 12-1-2009)
1. Purpose: The purpose of this subsection is to ensure that subdivisions comply with the minimum standards for the design, development and improvement established in this title.
2. Applicability: Every owner of any tract or parcel of land who shall hereafter subdivide or plat said tract or parcel into five (5) or more lots (any of which is less than 5 acres) or shall divide a lot or parcel created through the minor subdivision process shall follow the major subdivision process.
3. Concept Plan:
a. Purpose: The purpose of the concept plan is to ensure that improvements are well coordinated within and among individually platted parcels, sections, or phases of a development prior to approval of a preliminary plat. Approval of a concept plan shall constitute approval of the type(s) and intensity of development and approval of a project phasing plan. A concept plan may be processed concurrently with a preliminary plat.
b. Applicability: A concept plan is required for any major subdivision. The concept plan shall identify all contiguous land holdings of the applicant and establish a phasing plan for any subdivision involving multiple phases of development and any subdivision for which only a portion of the parent tract or a portion of contiguous holdings under common ownership are proposed to be platted.
c. Application And Procedures: The applicant shall file an application with the required information listed in the appendix to the ordinance codified herein. The application shall be reviewed according to the type 3 process described in subsection 10-4-1C of this chapter.
d. Review Criteria: The board and council shall consider the following criteria when reviewing the concept plan:
(1) The consistency of the proposed subdivision with applicable zoning of the property.
(2) The consistency of proposed public improvements with the existing and planned development within and surrounding the proposed subdivision.
(3) The suitability of the proposed project for the site.
(4) Conformance of the proposed project with the goals and objectives of the comprehensive plan and the city development standards.
(5) The availability and adequacy of required public and community facilities, utilities and services to serve the proposed project. These may include, but are not limited to, sanitary and storm sewers, water, electrical services, police and fire protection, schools, parks and recreation facilities, roads, libraries, solid waste collection and disposal and others, as applicable.
(6) The extent to which the proposed project would adversely affect the capacity or safety of that portion of the street network influenced by the use.
(7) The extent to which the proposed project would contribute to inefficient development patterns.
(8) The environmental impacts that the proposed project will generate including, but not limited to, excessive storm water runoff, water pollution, air pollution, noise pollution, excessive nighttime lighting, or other environmental harm.
e. Decision Makers: The city council shall determine whether the proposed development meets the criteria stated in subsection E3d of this section and shall approve, deny or conditionally approve the application after receipt of the recommendation of the board. If the public works director determines that the proposed subdivision may have a major impact on the school districts, the city shall provide a copy of the concept plan and successive preliminary plat to the applicable school district for review and comment.
f. Effect Of Approval And Validity:
(1) Approval of a concept plan constitutes acceptance of the type, density and intensity of land use indicated on the plan as being consistent with the comprehensive plan; the classification and arrangement of streets indicated; the proposed phasing plan; and the nature of utility service proposed. The approval of the concept plan shall not expire as long as the development proceeds in accordance with the phasing plan. At such time as the development lags one year behind the approved phasing plan, or a period of one year elapses without approval of a preliminary plat, concept plan approval shall expire. Upon receipt of a written request, the board of zoning appeals and planning may approve extensions upon finding that changing conditions in the city do not necessitate changes to the approved concept plan.
(2) Concept plan approval does not ensure approval of a preliminary plat involving a substantially different concept or failing to meet specific requirements of these regulations, and approval does not comprise any vesting of development rights or any assurance that permits of any kind will be issued.
4. Preliminary Plat:
a. Purpose: Preliminary plat approval allows the board of zoning appeals and planning and city council to review all substantive aspects of a proposed subdivision and impose such conditions as will be necessary to ensure compliance with city plans and regulations.
b. Applicability: Any person proposing to subdivide land, other than a minor subdivision, shall submit the application and preliminary plat to the building official for consideration of the board of zoning appeals and planning. The design and layout of the subdivision shall conform to the requirements of chapter 8 of this title. The building official may permit the applicant to prepare a final plat for submission to the council at the same time the preliminary plat is submitted. However, if a concept plan is submitted concurrently with a preliminary plat, the submission and review of the final plat shall be done separately.
c. Application And Procedures: The applicant shall file an application with the required information listed in the appendix to the ordinance codified herein. The application shall be reviewed according to the type 3 process described in subsection 10-4-1C of this chapter.
(1) Before any application is made, the applicant is encouraged to confer with the building official to discuss, in general, the procedures and requirements for preliminary plat approval pursuant to these regulations. (Ord. 03-O-9, 3-18-2003)
(2) A preliminary plat application and applicable fee shall be submitted to the building official for review and the applicable fee shall be submitted to the city comptroller. (Ord. 03-O-9, 3-18-2003; amd. Ord. 03-O-38, 12-16-2003)
(3) A preliminary plat application shall be filed thirty (30) days prior to the regular board of zoning appeals and planning meeting at which the applicant desires to be heard.
d. Submittal Date: For purposes of these regulations, the date of the regular meeting of the board of zoning appeals and planning at which time a complete preliminary plat is reviewed shall constitute the official application date of the plat.
e. Notification Of Subdivision:
(1) School District: In conformance with 765 Illinois Compiled Statutes 205/2, the building official shall notify the president of the school board of each school district in which the land is subdivided that the plat has been submitted for approval and that it is available for inspection. The notice shall give the date, time and place of hearing on the plat and shall be mailed by certified mail, return receipt requested, or shall be delivered by personal delivery.
(2) County: When a proposed subdivision is located within the extraterritorial area of the city, outside the city limits, but not farther than twelve (12) miles, the city shall provide a copy of the preliminary plat to the county and applicable township for review and comments in conformance with 765 Illinois Compiled Statutes 205/2.
f. Review Criteria: The recommending and decision making bodies shall make the following findings before approving a preliminary plat:
(1) The plat is consistent with the future land use map in conformance with 65 Illinois Compiled Statutes 5/11-12-8;
(2) The application conforms with environmental and health laws and regulations concerning water and air pollution, the disposal of solid waste, public facilities to supply water, community or public sewage disposal and, where applicable, individual systems for sewage disposal. If on site wastewater systems are proposed, the building official shall find that the proposed development and improvements are compatible with long term expansion plans for the city wastewater system, and the county health department shall certify that the proposed lots satisfy applicable regulations prior to approval of the final plat;
(3) The site is served, or will be served at the time of development, with all necessary public utilities;
(4) The location of the site will not cause the need for premature or inefficient extensions and expansions of public facilities, utilities and services;
(5) The applicant has demonstrated that public services such as schools, public safety and fire protection will be available upon platting of the subdivision in conformance with the requirements of chapter 9 of this title;
(6) The site represents an overall development pattern that is consistent with chapter 8 of this title and with the goals and policies of the comprehensive plan, the capital improvements program, and any other applicable planning documents adopted by the city;
(7) The site and application conform to all applicable provisions of these regulations;
(8) The proposed subdivision will not overload existing public streets or create the need for the city to fund new street construction to serve the subdivision in conformance with the provisions of chapter 9 of this title;
(9) The preliminary plat shows the location, spacing and design of proposed streets, curb cuts and intersections, all of which are consistent with the engineering design standards provided in chapter 9 of this title;
(10) Each lot in the plat of a residential development has adequate and safe access to/from a local street. If lot access is to/from a collector or arterial street, the board of zoning appeals and planning shall expressly find that such access is safe and that no other lot access or subdivision configuration is feasible;
(11) The site contains a parcel, lot and land subdivision layout that is consistent with this title, generally accepted land planning and site engineering design principles;
(12) The arrangement of streets and lots shall give due regard to the topography and other physical features of the property; and
(13) The applicant agrees to dedicate and improve land, right of way and easements, as may be determined to be needed to effectuate the purposes of these regulations and the standards and requirements incorporated herein.
g. Staff Action:
(1) The building official shall transmit copies of the preliminary plat to the board of zoning appeals and planning.
(2) The public works director and building official shall file a written recommendation with the board of zoning appeals and planning within twenty one (21) days of receipt of the preliminary plat. The public works director shall include the written comments of the Illinois department of transportation, relevant highway authority, county health department and school district, if applicable.
h. Decision Makers:
(1) Board Of Zoning Appeals And Planning: Within thirty (30) days of receipt of the application, if the board of zoning appeals and planning finds that the preliminary plat satisfies the requirements of this title, it shall make its recommendation to the council. If the board finds otherwise, it shall specify in writing the objections to such plat and may either recommend denial or recommend approval conditioned upon specific changes to the plat. The applicant may, however, agree in writing to an extension of time not to exceed sixty (60) days. A copy of the recommendations shall be forwarded to the applicant. In the case of denial of the preliminary plat, the board shall notify the applicant in writing within thirty (30) days of the reasons for this action. Failure of the board of zoning appeals and planning to act within ninety (90) days without written consent of the applicant shall result in a recommendation to approve the application. The recommendation and findings of the board, shall be submitted to the council. (Ord. 03-O-9, 3-18-2003)
(2) City Council: Within six (6) months (to allow for approval of engineering aspects from the director of public works) of the next council meeting following the board's action, the city council shall review the application and approve, conditionally approve or deny the preliminary plat. If the preliminary plat is denied, the city council shall advise the applicant of the reason for denial. Approval of the preliminary plat by the city council shall constitute approval to proceed with the preparation of the final plat but not to be deemed as approval of the subdivision. (Ord. 09-O-60, 12-1-2009)
i. Exceptions: Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of the requirements contained in this title would result in real difficulties or substantial hardship or injustice, the council, after report by the board, may vary or modify such requirements so that the applicant may develop his property in a reasonable manner, while, at the same time, the public welfare and interests of the city and surrounding area are protected and the general intent and spirit of this title are preserved.
j. Duration Of Permit/Approval: Preliminary plat approval shall confer upon the applicant, for a period of one year from the date of approval by the city council, the right to proceed to final plat approval pursuant to the terms and conditions under which the preliminary plat approval was granted by the city council. The applicant may delay the submission of the final plat provided approval time extension is granted by the city council in accordance with 65 Illinois Compiled Statutes 5/11-12-8.
5. Construction Plans/Improvements:
a. Construction Plans Required:
(1) Following approval of the preliminary plat, the applicant shall submit construction plans consisting of complete plans and specifications for all easements, streets, traffic control devices, streetlights, street signs, sanitary sewers, stormwater facilities, water system facilities, sidewalks and the provision for all public utility sources to be provided to each lot within the subdivision together with other improvements required by these regulations. The public works director shall review the plans and specifications as a type 1 application in accordance with subsection 10-4-1C of this chapter for minimum improvements and report these findings to the applicant. If the public works director shall find such construction plans and specifications to be in accordance with the adopted standards and procedures for subdivision improvements, he shall determine the amount of bond, if required. Following the approval of the plans and specifications by the public works director, the applicant may submit the final plat to the building official for consideration by the board of zoning appeals and planning and the city council.
(2) All improvements required pursuant to these regulations shall be designed and constructed in accordance with the design standards and plan requirements of these regulations, the standards and specifications of the city and, where applicable, the requirements and authorization of the appropriate state agency, utility company or local franchisee.
b. Construction Drawing Requirements: The applicant shall file the construction drawings in conformance with the requirements listed in the appendix to the ordinance codified herein.
c. Survey Monuments: All subdivision boundary corners shall be marked with survey monuments in conformance with the requirements in 765 Illinois Compiled Statutes 205/1(a). If survey monuments are removed during construction, a registered land surveyor shall replace them before the final plat is approved and/or before the city accepts improvements. All subdivisions must be referenced to two (2) United States public land survey corners of record.
d. Public Agency Reviews: Prior to approving the construction plans, the applicant shall submit the construction plans to the public works director for review of applicable local reviewing agencies and public utility companies that will service the subdivision and the Illinois department of transportation. The public works director may seek consultation in the review of plans, and the applicant shall pay the costs of such consultations. The public works director shall review and act on all construction plans within thirty (30) days of submittal.
e. Approval: Following agency and utility approvals, the public works director shall approve, conditionally approve or deny approval of the construction plans. Plans that are denied may be amended and immediately resubmitted. Denial may be appealed to the city council within thirty (30) days of notification.
f. Timing Of Improvements: The applicant is authorized to clear sight lines for surveys and provide access for boring equipment when necessary; provided, that any related disturbance of the site is the minimum needed to obtain required information for the final engineering plans. Except upon the written approval of the public works director or building official, no grading, removal of vegetation, land filling, construction of improvements, or other material change shall commence on the subject property until the applicant has:
(1) Received approval of the construction plans and all necessary permits from the city, including a written notice to proceed with construction from the director of public works;
(2) Entered into an improvement agreement with the city or otherwise arranged for completion of all required improvements; and
(3) Obtained necessary approvals and permits from other affected municipal, county or state agencies.
g. Modification Of Construction Plans: Installation of improvements and construction shall conform to the approved construction plans. If the applicant chooses to make minor modifications in design and/or specifications during construction, such changes shall be made at the applicant's own risk. It shall be the responsibility of the applicant to notify the public works director in advance of any changes to be made to the approved plans. The applicant shall provide as built plans prepared by a registered professional engineer with a statement by the engineer to the effect that the installed improvements conform to the approved construction plans with any exceptions noted. When the applicant deviates from construction, the city may take such other actions as may be deemed appropriate including, but not limited to, revocation of map approval and/or permits already issued and/or withholding of future approvals and permits.
h. Inspection And Acceptance Of Improvements:
(1) Inspection Required: All improvements required by these regulations shall be inspected by the public works director, except for improvements made under the jurisdiction of other public agencies or by an independent engineer as authorized in a written agreement with the city. In these cases, engineers or inspectors of such agency will make the necessary inspections. Where inspections are made by other agencies, the applicant shall provide the city with written reports of each final inspection.
(2) Inspection Schedule: It shall be the responsibility of the applicant to notify the public works director of the commencement of construction of improvements forty eight (48) hours prior thereto. Inspections shall be required at each of the following stages of construction or as otherwise determined through an owner contract or improvement agreement (see subsection I of this section):
(A) Site grading/erosion control completion.
(B) Start and completion of each phase of underground utility construction.
(C) Subgrade preparation prior to aggregate base installation.
(D) Aggregate base compaction.
(E) Concrete curb and gutter installation.
(F) Prior to constructing pavement.
(3) Compliance With Standards: The applicant and the bonded construction contractor shall bear full and final responsibility for the installation and construction of all required improvements according to the provisions of these regulations and the standards and specifications of other public agencies.
(4) Acceptance:
(A) Approval of the installation and construction of improvements by the public works director shall not constitute acceptance by the city of the improvements for dedication purposes.
(B) The city shall not have any responsibility with respect to any street or other improvements, notwithstanding the use of the same by the public, unless the street or other improvements shall have been accepted by the city council upon recommendation of the public works director.
(C) After acceptance of improvements, the developer shall maintain a two (2) year warranty with surety equivalent to twenty five percent (25%) of the total cost of improvements to ensure that any failures occurring within the warranty period will be properly repaired.
(5) Site Cleanup: The applicant shall be responsible for removal of all equipment, material, and general construction debris from the subdivision and from any lot, street, public way or property therein or adjacent thereto. Dumping of such debris into sewers, onto adjacent property or onto other land in the city, other than an approved landfill, is prohibited.
(6) Failure To Complete Improvements: Failure to complete all required public improvements within six (6) months of final plat approval or within a period otherwise specified by the city council shall result in revocation of final plat approval. If an improvement agreement (see subsection I of this section) has been executed and security has been posted and required public improvements are not installed pursuant to the terms of the agreement, the city may:
(A) Declare the development to be in default and require that all public improvements be installed regardless of the extent of completion of the development at the time the agreement is declared to be in default;
(B) Revoke final plat approval until the public improvements are completed and record a document to that effect with the county recorder's office for the purpose of public notice;
(C) Obtain funds pursuant to the surety and complete the public improvements itself or through a third party;
(D) Assign its right to receive funds pursuant to the surety, in whole or in part, to any third party, including a subsequent owner of the subdivision or addition for whom the public improvements were not constructed, in exchange for the subsequent owner's agreement to complete the required public improvements; and/or
(E) Exercise any other rights available under the law.
(7) Release Of Construction Surety Upon Completion Of Improvements: Upon a satisfactory inspection of public improvements and acceptance by the city, the city council shall adopt a resolution accepting improvements and releasing the surety in the affected subdivision plat. The surety for construction shall not be released until surety has been provided for the warranty of improvements. Upon written request of the applicant, the city clerk shall deliver a certified copy of the resolution to the applicant and the bonding company.
i. Filing Construction Plans: Approved construction plans shall be retained permanently in the office of the public works director.
6. Final Plat:
a. Purpose: Final plat approval is required at the completion of the major subdivision process so that the subdivision plat can be recorded, dedications can be made and building construction can begin.
b. Application And Procedures: The applicant shall submit an application with the required information listed in the appendix to the ordinance codified herein to the building official. The application shall be processed as a type 2 application pursuant to subsection 10-4-1C of this chapter.
c. Review Criteria: When the final plat conforms to the approved preliminary plat, certification to this effect shall be endorsed on the final plat by the city council. Where the final plat does not conform to the approved preliminary plat, the council may deny approval of the final plat. Before approving the final plat, the council shall make the following findings:
(1) The final plat substantially conforms to the approved preliminary plat and any conditions and exceptions granted pursuant thereto. Substantial deviations shall include, but are not necessarily limited to, the following:
(A) Change in the location or design of a public street;
(B) A change in the number or layout of lots or blocks;
(C) A change in access to lots;
(D) A change in areas, streets or rights of way to be reserved or dedicated;
(E) A change in the drainage plan which increases the runoff from the tract;
(F) A change in the public utilities and facilities to be provided; and
(G) A change in the extent of buffering between the proposed subdivision and adjacent areas and/or land uses.
(2) The final plat conforms to all applicable requirements of these regulations, and other applicable land development regulations.
(3) All submission requirements of these regulations have been satisfied.
d. Staff Action:
(1) The building official shall review the final plat to ensure that all the requirements have been fulfilled. The building official may forward copies of the final plat to appropriate departments and agencies for their review and shall forward all staff and agency comments to the applicant and city council.
(2) The building official shall schedule review of the final plat with the city council within thirty (30) days of filing of the final plat.
e. Decision Makers:
(1) City Council:
(A) Unless agreed to by the applicant, the city council shall approve, conditionally approve or deny the final plat within thirty (30) days from the date of the application, and subsequently shall transmit written notice of its decision to the applicant.
(B) If the proposed final plat is approved, the mayor shall sign the final plat and copies of the same filed with other certification and instruments required for recordation.
(2) Failure To Act: If the city council fails to act upon the final plat within the prescribed time, the applicant may take action in conformance with 65 Illinois Compiled Statutes 5/11-12-8.
f. Filing And Recordation:
(1) After the approval of the final plat by the city council, said plat and certified copy of the ordinance approving it shall be recorded in the county recorder's office at the owner's expense. If not recorded within six (6) months of approval, such plat shall have no validity and shall not be recorded without reapproval in conformance with this subsection. The city council may grant one 120-day extension to allow the plat to be recorded. However, the application for extension must be made prior to the expiration of the six (6) months following approval.
(2) The development improvement agreement, if applicable, shall be recorded with the final plat.
F. Minor Subdivisions:
1. Purpose: Adequate information concerning land use, utility requirements, traffic impact, streets, easements and dedications, and sufficient time to review that information are vital to ensure the continued health, safety and welfare of the city residents. Recognizing that small scale projects may be unnecessarily burdened by these process costs, the city herein establishes a simplified procedure for minor subdivisions.
2. Applicability: Any person proposing to subdivide land into four (4) or fewer lots or parcels shall submit a final plat to the building official, prepared in accordance with subsection E of this section. If public improvements are required, the applicant shall submit and receive approval of construction plans prior to processing the final plat. If any of the parcels in the proposed minor subdivision were created by the minor subdivision process, or if the building official determines that the proposed subdivision creates the need for off site infrastructure improvements, then the application shall be reviewed as a major subdivision.
3. Application And Procedures: The application and procedure for minor subdivisions shall be the same as for final plats (type 2 process); except, that the building official shall receive the application and shall determine its completeness, and the final plat will not be recorded until after all public improvements have been accepted by the city. Applicants for subdivisions or resubdivisions may follow these procedures; provided, that the subdivision meets all of the following criteria:
a. No new public streets are required for lot access to a public street.
b. No new easements are required.
c. The design and layout of the subdivision shall conform to the requirements of chapters 8 and 9 of this title.
4. Review Criteria: The minor subdivision shall comply with the criteria set forth for final plats.
5. Decision Makers: Consent of the city council shall be required for approval of a minor subdivision.
6. Maintenance Guarantee: The applicant shall guarantee the public improvements against defects in workmanship and materials for a period of two (2) years from the date of city acceptance of such improvements. The maintenance guarantee shall be secured in an amount reflecting twenty five percent (25%) of the cost of the completed improvements at the time of adoption of the resolution accepting the improvements.
G. Conveyances And Plat Adjustments Or Corrections:
1. Purpose And Applicability: The following short form approval process may be used for:
a. The conveyance of parcels of land or interests therein for use as right of way for railroads or other public utility facilities and other pipelines that do not involve any new streets or easements of access.
b. Conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use.
c. A conveyance made to correct a description in a prior conveyance such as:
(1) To correct an error in any course or distance shown on the prior plat;
(2) To add any course or distance that was omitted on the prior plat;
(3) To correct an error in the description of the real property shown on the prior plat;
(4) To indicate monuments set after death, disability or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments;
(5) To show the proper location or character of any monument which has been changed in location or character or which originally was shown at the wrong location or incorrectly as to its character on the prior plat;
(6) To correct any other type of scrivener or clerical error or omission as previously approved by the board of zoning appeals and planning or the city council; such errors and omissions may include, but are not limited to: lot numbers, acreage, street names and identification of adjacent recorded plats; and
(7) To correct an error in courses and distances of lot lines between two (2) adjacent lots where lot owners join in the application for plat amendment and neither lot is abolished; provided, that such amendment does not attempt to remove recorded covenants or restrictions and does not have a material adverse effect on the property rights of the other owners in the plat.
d. Single lot splits and lot line adjustment to combine lots.
2. Application And Procedures: The application, with the required information as listed in the appendix to the ordinance codified herein, shall be filed with the public works director who shall review the application according to the type 2 process established in subsection 10-4-1C of this chapter, and forward the plat for the review of affected utilities and other applicable agencies. The public works director shall approve, conditionally approve or deny approval of the application. However, if a written protest to the application for correction to the plat is filed, then the public works director shall schedule the application for review at the next board of zoning appeals and planning meeting and shall notify all affected property owners of such meeting. After approval of the application, all conveyances or plat corrections or adjustments shall be recorded pursuant to subsection E6f of this section. Disputed boundary line adjustments shall be done in conformance with 765 Illinois Compiled Statutes 215/0.01 et seq.
3. Review Criteria:
a. All resultant parcels shall comply with the minimum standards required by these regulations;
b. No change in street right of way locations or reduction of easement width shall occur; and
c. The action will not adversely affect the character of the previously recorded plat or the character of the area.
4. Decision Maker: The public works director shall approve, conditionally approve or deny all applications for conveyance and plat corrections or adjustments.
H. Vacation Or Abandonment Of Streets, Easements Or Plats:
1. Purpose: When deemed to be in the public interest, and where no private rights will be injured or endangered and neither the public nor abutting property owners will suffer any loss or inconvenience thereby, all or a portion of any street, alley or public reservation, including, but not limited to, public utility or drainage easements, dedicated building setback lines and access control, or subdivision plat may be vacated, in conformance with 65 Illinois Compiled Statutes 5 and 765 Illinois Compiled Statutes 205/6 and 205/7. Applications for vacation of any street, alley or a public reservation or subdivision plat may be made by the city or by any owner of property on which the street, alley or public reservation lies or adjoins.
2. Applicability: A street or easement may be vacated if the street, alley or public reservation, or easement is not necessary for the public safety or convenience and meets the review criteria set forth below. A plat may be vacated or abandoned if it has not been developed or has been partially developed and the owner desires to vacate the undeveloped portion thereof.
3. Application And Procedures: Any street, alley or public reservation, or portion thereof, certain public roads, or subdivision plat may be vacated by ordinance adopted by the city council pursuant to the type 2 process established in subsection 10-4-1C of this chapter. Any application for vacation or abandonment by ordinance shall be filed in the office of the public works director with the required information as listed in the appendix to the ordinance codified herein. Following the adoption of any ordinance vacating any street, alley or public reservation, or portion thereof, or subdivision plat, the clerk shall file a copy thereof for recording. Any vacation of right of way, reservation or easement on a recorded plat shall be noted on the final plat.
4. Reservation Of Easements: In vacating any street, alley or public reservation, or portion thereof, either by plat or by ordinance, the council may reserve such rights of way and other easements as in the judgment of the council are necessary or desirable for public service.
5. Reversion Of Land Vacated: Streets, alleys or other public reservations that have been vacated shall be sold or shall revert to the owners of adjoining properties as provided by state law and any amendments thereto.
6. Review Criteria:
a. The proposal is in conformance with 765 Illinois Compiled Statutes 205/6;
b. The proposal is consistent with the comprehensive plan, major street plan and other adopted plans and policies of the city;
c. The proposal shall not landlock any parcel of land;
d. The proposal shall not restrict access to any parcel so that such access is unreasonable, economically prohibitive, or devalues any property affected by the proposed vacation;
e. The proposal shall have no adverse impact on the health, safety, and/or welfare of the general community, and shall not reduce the quality of public services provided to any parcel of land; and
f. There is evidence that the right of way, reservation or easement or subdivision plat is no longer needed by any of the parties having an interest in same.
7. Decision Makers: The city council shall review the application in the same manner as a final plat at a public hearing and approve, approve with conditions or deny approval of the application.
I. Improvement Agreements:
1. Purpose: The purpose of an improvement agreement is to ensure completion of public improvements.
2. Applicability: Except as provided below, before the final plat is recorded, all applicants shall be required to complete, to the satisfaction of the public works director, all street, sanitary, and other public improvements, as well as lot improvements on the individual residential lots of the subdivision or addition as required by these regulations. The required improvements shall be those specified in the approved preliminary and/or final plat.
3. Conditions: As a condition of final plat approval, the council shall require the applicant to execute an irrevocable letter of credit in favor of the city of Charleston to assure the construction of certain infrastructure extensions and improvements as identified in the final plat and the improvement agreement. This surety shall remain in effect for the duration of the agreement or until the city has accepted all improvements. In the event the applicant is unable to complete the required improvements, and such improvements are deemed necessary for the preservation of the public health and safety, the city may use the letter of credit or other guarantee to complete the improvements as required.
4. Guarantee Of Completion Of Improvements: The council may defer the requirement for the completion of required improvements if the applicant enters into an improvement agreement by which the applicant covenants and agrees to complete all required public improvements no later than two (2) years following the date upon which the final plat is signed. Such two (2) year period may be extended for up to an additional two (2) years at the discretion of the council. The council may require the applicant to complete and dedicate some required public improvements prior to approval of the final plat and to enter into an improvement agreement for completion of the remainder of the required improvements during such two (2) year period. The city attorney shall approve any improvement agreement as to form and legality.
5. Covenants To Run With Land: The improvement agreement shall provide that the covenants contained therein shall run with the land and bind all successors, heirs and assigns of the applicant. The improvement agreement shall be recorded with the county recorder. All existing lien holders shall be required to subordinate their liens to the covenants contained in the improvement agreement.
6. Performance Security:
a. Whenever the council permits an applicant to enter into an improvement agreement, the applicant shall be required to provide sufficient security to ensure completion of the required public improvements. The security shall be in the form of a letter of credit, cash escrow or a surety bond naming the city as the "beneficiary".
b. The letter of credit, cash escrow or surety bond shall be in an amount estimated by the public works director as reflecting one hundred percent (100%) of the cost of the improvements in the approved construction plan as calculated using prevailing wage rates, and shall be sufficient to cover all promises and conditions contained in the improvement agreement.
c. In addition to all other security, when the city participates in the cost of an improvement, the applicant shall provide a performance bond from the contractor, with the city as a co- obligee.
d. The issuer of any surety bond shall be subject to the approval of the city attorney.
7. Escrow Agent: If security is provided in the form of a cash escrow, the applicant shall deposit said security with the city clerk a cash amount or certified check endorsed to the escrow agent for a face value in an amount not less than the amount specified by the public works director.
a. Accrual: The surety bond or cash escrow account shall accrue to the city for administering the construction, operation and maintenance of the improvements.
b. Reimbursement: Where oversized facilities are required by the city, the city and applicant shall specify a reimbursement procedure in the improvement agreement.
8. Maintenance Guarantee: The applicant shall guarantee the improvements against defects in workmanship and materials for a period of two (2) years from the date of city acceptance of such improvements. The maintenance guarantee shall be secured in an amount reflecting twenty five percent (25%) of the cost of the completed improvements at the time of adoption of the resolution accepting the improvements.
9. Temporary Improvements: The applicant shall construct and pay for all costs of temporary improvements required by the city and shall maintain said temporary improvements for the period specified.
10. Governmental Units: Governmental units to which these improvement and security provisions apply may file, in lieu of the agreement and security, an ordinance by the officers or officials authorized to act on their behalf, agreeing to comply fully with all applicable provisions of these regulations.
11. Decision Makers: The city council shall approve, approve with conditions or deny approval of the improvement agreement.
J. Variances:
1. Purpose: Variances provide a mechanism for relief for property owners when strict application of this title would result in practical difficulties or a particular hardship. The variance granted shall be the minimum necessary to permit reasonable use of the land.
2. Applicability: The board of zoning appeals and planning shall hear and make recommendations on all requests for variances, in conformance with 65 Illinois Compiled Statutes 5/11-13-5. The city council shall decide all variances. No variance shall be granted to allow a use that is not authorized by this title or a density that exceeds the maximums established for the applicable zoning district. The practical difficulty or hardship must be clearly exhibited and shall not be a result of actions of the applicant or previous owner.
3. Application And Procedures: The application, with the required information as listed in the appendix to the ordinance codified herein, shall be filed with the building official and processed in accordance with the procedures for a type 3 application as described in subsection 10-4-1C of this chapter.
4. Required Findings: A variance is not a right. In conformance with 65 Illinois Compiled Statutes 5/11-13-5, a variance may be granted only upon finding that:
a. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the zone; and
b. The plight of the owner is due to unique circumstances; and
c. The variance, if granted, will not alter the essential character of the locality.
d. The following factors shall be used to determine whether each of the findings have been satisfied:
(1) Prior to finding that a property could not yield a reasonable return as provided in subsection J4a of this section, the city shall consider:
(A) The initial purchase price was prudent and the intended return reasonable.
(B) Lack of reasonable return was not due to a general economic downturn that affected all similarly situated property in the city.
(C) The impact of the regulations could not have been reasonably anticipated at the time of purchase of the property.
(2) Prior to finding that the plight of the owner is due to unique circumstances, as provided in subsection J4b of this section, the city shall consider:
(A) The variance is being requested due to a constraint that does not commonly apply to other properties within the city.
(B) The variance is required due to the shape or size of the property or due to natural constraints such as steep slopes, floodplains or significant vegetation (define this as specimen trees or stands of trees) that will be preserved.
(3) Prior to finding that the variance, if granted, will not alter the essential character of the locality, as provided in subsection J4c of this section, the city shall consider:
(A) The variance will not reduce the viability of adjacent uses.
(B) The variance will not reduce the value of adjacent properties.
(C) The variance will not create a health or safety hazard for the users of the subject or adjacent properties, pedestrians, bicyclists or automobiles.
(D) The variance will not subject adjacent residences to additional light or noise.
5. Decision Makers:
a. Board Of Zoning Appeals And Planning: The board of zoning appeals and planning shall conduct a public hearing in conformance with subsection 10-4-1B of this chapter. The board shall make recommendation to the city council on approval or denial of the variance request. The board shall make finding based upon subsection J4 of this section in conformance with 65 Illinois Compiled Statutes 5/11-13-5.
b. City Council: City council shall make the final decision by considering the above described findings and minutes of the public hearing from the board of zoning appeals and planning.
K. Adjustments By Board Of Zoning Appeals And Planning: After making required findings the board may grant design authorized adjustments for the redevelopment, remodeling or expansion of existing sites when it determines that the strict application of landscaping and other standards cannot be accomplished on the site. These provisions shall not apply to redevelopment of sites involving the removal of existing buildings.
1. Required Findings:
a. The applicant has provided sufficient information to evaluate the necessity of the exception and the impacts of the proposed design alternative; and
b. Strict compliance with landscaping standards is not physically feasible, due to existing structures on the site, required parking and required setbacks; and
c. The proposed exceptions are the minimum required to allow the proposed redevelopment, remodeling or expansion of the site; and
d. The proposed design alternative and exceptions result in greater compliance with the landscape provisions, a more attractive site and greater compatibility with adjacent development than current development.
2. Authorized Exceptions: The board may adjust landscaping, parking and setback requirements subject to the following limitations:
a. Total site landscaping has not been reduced more than twenty percent (20%) below the requirement for new development on the site;
b. Total number of parking spaces has not been reduced by more than ten percent (10%) of the required spaces; and
c. Parking angles, parking space width and traffic flow are sufficient to provide for the safe reduction of parking aisle widths; and
d. Building setbacks have not been reduced by more than twenty percent (20%).
L. Appeals From Staff Determinations:
1. Purpose: Appeals to the board of zoning appeals and planning provide a mechanism for review of any staff determination, including, but not limited to, action on a development application or interpretation of development regulations.
2. Applicability: An applicant, aggrieved citizen or city representative, who believes that the city has committed an error in any order, requirement, decision or refusal made by any member of the city staff, may appeal that action by filing a notice of appeal with the building official within thirty (30) days of the subject action. An appeal stays all proceedings in furtherance of the action appealed from, unless in the opinion of the building official, by reason of the facts stated, the request or stay would result in imminent peril to life or property. In this event, the proceedings shall not be stayed except by order of the board or by the circuit court on application and on notice to the building official from whom the appeal is taken, and on due cause shown. The board may authorize development activity to continue if it determines that the development does not pose an imminent threat to the health, safety and welfare of adjacent property owners.
3. Application And Procedures: The application shall be the same as those required for a variance and shall be processed in accordance with the procedures for a type 4 application as described in section 10-4-1C of this chapter.
4. Appeals Review Criteria: The scope of review shall be limited to determining whether the decision or interpretation by the staff was in accordance with the intent and requirements of this title.
5. Decisions: The procedures shall be in conformance with 65 Illinois Compiled Statutes 5/11-13-12.
M. Vested Rights Determination:
1. Purpose: The vested rights determination procedure is intended to determine whether an applicant has acquired a protected status that requires the city to permit a development to proceed contrary to existing or amended land use regulations. The procedure establishes a limit on the duration of all development approvals to avoid unproductive investment in public facility system capacities.
2. Applicability: The determination of vested rights applies to developments and permits that were approved or issued or were in the process of being approved on or before the effective date hereof and approved projects in which no development activity has occurred for five (5) years or more.
3. Application And Procedures: The application for vested rights determination shall include all information listed in the appendix to the ordinance codified herein and shall be processed as a type 3 application pursuant to subsection 10-4-1C of this chapter.
4. Review Criteria: The application shall be denied unless the applicant demonstrates compliance with the following criteria:
a. Entitlement to development approval on the basis of detrimental reliance, i.e.:
(1) The initial application for development approval was made by the applicant and approved by the city;
(2) The city had an opportunity to require the applicant to submit relevant information, including, but not limited to, adequate public facilities data;
(3) The applicant has proceeded in good faith; and
(4) No approvals or permits have lapsed or been revoked; or
b. Entitlement to development approval on the basis of other vested rights under any applicable state law.
5. Decision Makers:
a. Board Of Zoning Appeals And Planning: The board of zoning appeals and planning shall review the application at a public hearing in conformance with subsection 10-4-1B of this chapter and shall make recommendations to the city council.
b. City Council: The city council shall approve, conditionally approve or deny approval of all vested rights determinations. If the applicant is found to be vested, the city council shall enter into an agreement with the applicant specifying the terms of continued development. If the applicant is found to be not vested, the development application for which the applicant made the vested rights claim shall be considered void.
6. Validity: The vested rights determination shall be valid for one year if the applicant fails to enter into an improvements agreement. Otherwise, vested rights determination shall be valid for the term specified in the development agreement.
N. Issuance Of Rules And Regulations For Public Improvements: The city may promulgate reasonable rules and regulations regarding the design and installation of improvements required pursuant to this title through a type 2 review process as described in subsection 10-4-1C of this chapter. The public works director shall prepare such rules for review and approval by the city council.
1. Minimum Standard: Any rule and regulation established shall meet the minimum city and state standards, but nothing in this section shall prevent the city from requiring compliance with higher requirements than the state regulations.
2. Notice Of Hearing: Notice of public hearing on any proposed rule or regulation shall be given in at least one newspaper having general circulation within the city at least fifteen (15) days before the hearing.
3. When Effective: Rules and regulations issued by the city shall be effective after approval by the city council.
4. Enforcement Of Rules: The public works director shall enforce rules and regulations adopted under this section in the following manner:
a. Suspend Or Revoke Permit: The public works director may suspend or revoke any permit for noncompliance with any rule or regulation issued pursuant to this section.
b. Notice Of Violation: When the public works director determines a violation exists, the public works director shall notify the violator in writing. Such notice of violation shall be delivered to the person causing the violation or the legally authorized representative of the person or mailed to the last known address of that person.
c. Stop Work Order Issued: In addition to the notice of violation, the public works director may issue a written stop work order if it is believed that the violation poses a serious threat to health and safety. The stop work order shall be delivered to the owner of the property involved, to the agent of the owner or to the person doing the work.
d. Reinstallation Of Improvement: The public works director may require that an improvement installed in violation of rules and regulations adopted pursuant to this section be reinstalled in compliance with adopted rules and regulations. (Ord. 03-O-9, 3-18-2003)