The following elements are common to all procedures unless otherwise modified by more specific provisions.
(A) Timeframes. The timeframes for action on the part of the city are established as part of the administrative policies of the city, a copy of which can be obtained from the Zoning Administrator.
(B) Pre-application conference.
(1) Purposes. The general purposes of a pre-application are to:
(a) Obtain a complete understanding of the proposed project and the applicant's specific objectives;
(b) Identify all of the approvals necessary to construct the proposed development;
(c) Identify all of the documents, plans, drawings, fees and other materials necessary for a complete application;
(d) Identify the most significant issues that the development will need to address in order to gain approval; and
(e) Provide the applicant with direction on how to meet the requirements of this code and other applicable codes, regulations and policies.
(2) Applicability. Table 154.918.1 indicates the development permits for which a pre-application conference is required or recommended. The Zoning Administrator may waive the pre-application conference when in such administrator's discretion there is substantial evidence to show that the purposes of the code can be met without having to conduct such a conference.
(3) Application submittal requirements. Submittal requirements for various types of development permits are available from the Zoning Department. These requirements are typical for the type of approval required; however, the scope of any specific development application may require different types or levels of information. At the pre-application conference, the Zoning Administrator shall determine what information shall be submitted in order to provide for an adequate assessment of the project. At any time during the processing of any application, additional information may be required to address issues or concerns that may not have been evident at the pre-application conference. Requirements and information from the pre-application conference shall be recorded on a form supplied by the Department and made part of the development file upon submittal of the application.
(C) Application requirements.
(1) Materials. Lists of required application materials are available in the Zoning Department office. The lists may be picked up during normal business hours.
(2) Application deadlines. Schedules of application deadlines are established by administrative policy and are available in the Zoning Department during normal business hours.
(3) Application fees. The City Council sets fees in amounts sufficient to recover all or a portion of the costs of processing, publicizing and reviewing development applications. The City Council may, by the adoption of a resolution, increase, decrease, or otherwise modify any of the fees set forth. The most recent fee schedule, as adopted by the City Council, is available from the Zoning Department during normal business hours.
(4) Completeness. The Zoning Administrator shall review the application and determine if the application is complete for purposes of city staff and agency review.
(D) Neighborhood meeting. The general purpose of a neighborhood meeting is to produce a project that better meets the needs and desires of both the developer and surrounding neighbors. The objective of the meeting is to find areas of mutual agreement through an increased public understanding of a proposed project and through dialogue between the developer and surrounding neighbors about a project and its impacts. The recommendations for a neighborhood meeting are established as part of the administrative policies of the city, a copy of which can be obtained from the Zoning Administrator.
(E) Procedures.
(1) Staff review. Applications shall be reviewed by city staff and other appropriate agencies for compliance with city and agency codes and policies. Upon completion of staff review, city staff will provide its comments in writing to the applicant.
(2) Review by other agencies. City staff may forward copies of the applications to various agencies for their review of the material submitted. These agencies include, but are not limited to, the following:
(a) Other city departments;
(b) Telecommunication, gas, electric and other utilities;
(c) School districts;
(d) Law enforcement agencies;
(e) Fire departments or districts;
(f) Jo Daviess County staff, Zoning Board of Appeals, or Board members;
(g) State agencies; and
(h) Federal agencies (e.g. Federal Emergency Management Agency, Bureau of Land Management, U.S. Army Corps of Engineers, etc.).
(3) Agency and department comments. Agencies will be asked to respond in writing concerning the requested review. The agencies review will be advisory in character, and does not constitute approval or disapproval. All comments shall be forwarded to the applicant for response.
(4) Applicant's response. The applicant shall respond to staff and agency comments in writing.
(5) Review of response. Upon receipt of the applicant's response to comments, the Zoning Administrator shall determine if sufficient information has been provided to schedule the application for a hearing. If the Zoning Administrator deems the application insufficient for such purposes, the Zoning Administrator shall notify the applicant in writing of the informational deficiencies.
(F) Notice.
(1) Purpose. Public hearings under this section and notice thereof provide the opportunity for input in decisions that may affect the community. Public participation ensures that decisions reflect consideration of the community interest and ensure that the applicant and other interested parties are given due process - the opportunity to be heard. Accordingly, nothing herein shall prohibit the Zoning Administrator from providing public notice that meets or exceeds these requirements for any type of development permit, whenever he believes such notice will further the purposes and intent of this code.
(2) Published notice.
(a) Except as otherwise specifically provided in this section, in any instance in which a public hearing is required, a notice setting forth the date, time, place and purpose of such hearing, the general nature of the request or matter to be heard, the name of the applicant and property owner, and identification of the subject property must be published at least once in a newspaper of general circulation in the city.
(b) With all other required application material, the applicant shall either provide the information for the notice, or bear the cost of collection, to the Zoning Administrator who shall be responsible for preparing notice for publication.
(3) Mailed notice of public hearing.
(a) Mailed notice of a public hearing, when required by state law or administrative policy of the city, shall be sent by the Zoning Administrator at the applicant's cost by first class U.S. Mail. The notice shall be mailed to each required property owner at the mailing address listed in the official records of the Jo Daviess County, Illinois Assessor.
(b) The point at which the distance is measured for the mailed notice shall begin at the property boundary line that completely encompasses the subject proposal. The distance to affected properties shall be measured in a straight line from the subject property boundary.
(c) Mailed notice shall state 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 code. The mailed notice must also include a statement explaining that members of the public may be heard at the public hearing and interested parties may cross-examine those testifying at the hearing. Newspaper clippings of the published notice shall not be used for mailed notice. The mailed notice shall be delivered by first class U.S. Mail.
(d) The failure of a property owner to receive notice by mail, if timely sent and properly prepared in accordance with this section, shall not be grounds for invalidating any action taken by the responsible decision-making body.
(4) Combined notice. In instances where a proposed development requires action on several development permits at the same hearing, the Zoning Administrator may provide a single, combined notice for all actions to be taken.
(5) Substantial compliance. Notice shall be deemed to be complete when there is substantial compliance with the requirements of this section. Minor technical deviations in the language of published or mailed notice shall not be deemed to impair the notice when notice has been given. The requirement for the number of days of notice, for the general types of notices and for specifying the time, date and place of a hearing and the general location of the property shall be strictly construed; where there is a question raised at the hearing regarding the adequacy of notice, the body conducting the hearing shall make a formal finding as to whether there was substantial compliance with the notice requirement.
(G) Request for a continuance prior to hearing.
(1) An applicant shall have the right to one continuance before the Zoning Board of Appeals or public hearing, provided that a written request is filed with the City Clerk at least five business days prior to the date of the hearing being continued. If an application is not continued in this manner, the right to a continuance shall be waived. There is no tacking of rights from application to another. Additional continuances shall be per division (I)(5) below.
(2) An applicant requesting a continuance shall make reasonable efforts to notify all persons previously advised of the hearing that a continuance has been requested. Reasonable efforts shall include, but not be limited to, personal notice, broadcast or print media notice and any other form of notice determined by the Zoning Administrator to be reasonable. The applicant shall reimburse the city and provide all materials necessary to provide published and mailed notice of the rescheduled public hearing date to surrounding property owners in the same manner and in accordance with the same time schedule as for the original date.
(3) The review body scheduled to conduct the hearing shall, upon compliance with this section, grant the continuance to a time and date certain, to be decided at its discretion. The hearing may be continued without being opened for public testimony. Requests for additional continuances shall be heard as per division (I)(4) below.
(H) Withdrawal of application. At any time prior to the hearing on an application, the applicant may request in writing that the application be withdrawal from consideration, subject to forfeiture of fees. After a hearing is opened an applicant may request a withdrawal; however, the body conducting a hearing shall decide whether or not to approve the request and may approve the request either with or without prejudice.
(I) Public hearing procedures.
(1) Timing. When the Zoning Administrator determines that a development permit application is sufficient to be scheduled for a public hearing, notice of such hearing shall be made pursuant to division (F) above.
(2) Purpose of hearing. The purpose of a public hearing is to allow the applicant and all other parties a reasonable and fair opportunity to be heard, to present evidence relevant to the application, to rebut evidence presented by others, and for interested parties, the additional opportunity to cross-examine as permitted by law.
(3) Hearing body. Public hearings for non-administrative permits shall be held as indicated on Table 154.915.1.
(4) Conduct of hearing.
(a) Any person or persons may appear at a public hearing and submit evidence, either individually or via a representative. Each person who appears at a public hearing shall state, for the record, his or her name, address, and if appearing on behalf of an organization or group, the name and mailing address of the organization or group. Persons claiming "interested party" status shall so qualify and register with the city as per adopted administrative policies, a copy of which can be obtained from the Zoning Administrator.
(b) The Zoning Administrator's report and recommendations shall be made available prior to the public hearing. The Chair may direct that the Zoning Administrator provide a summary presentation of the report and recommendations.
(c) The Chair may exclude testimony or evidence that is irrelevant, immaterial or unduly repetitious. Cross-examination of witnesses shall be permitted as per the adopted administrative policies of the review body. At any point, members of the body conducting the hearing may ask questions of the applicant, staff or public.
(5) Continuance.
(a) Request for a continuance at the hearing. At any time prior to a final decision, an applicant may request an application be continued for further proceedings. In so doing, the applicant shall state the reasons of the request. The granting or denial of a request for a continuance at this stage of the process shall be at the sole discretion of the body conducting the hearing. A majority vote of those members in attendance shall be required to grant a continuance. The record shall reflect the reason(s) such continuance was granted, any stipulations or conditions placed upon the continuance, and the date and time at which the matter will be heard.
(b) Directed continuance. At any time prior to a final decision on a request for a development permit, the Zoning Board of Appeals or City Council may on its own motion continue a hearing. A majority vote of those members in attendance shall be required to direct a continuance of an item. The record shall reflect verbatim the reason(s) such continuance was granted, any stipulations or conditions placed upon the continuance, and the date and time at which the matter will be heard.
(c) Rules of construction. The provisions concerning requests for continuances at a hearing and directed continuances shall be liberally construed by the public body when the purpose or expected result of the continuance is:
1. Increased efficiency in the development review process;
2. A reassessment of a design or a position;
3. Consideration or re-consideration of evidence in favor or opposed to an application; and/or
4. Any other opportunity for the process to work toward the goal of guiding and accomplishing coordinated and harmonious development of the city and its environs.
(d) Purpose. The purpose of the section is to generally encourage efficiency and to that end the legal issues of justifiability shall be de- emphasized but not to the point of compromising fundamental fairness and due process.
(6) Record of proceedings.
(a) The body conducting the hearing shall record the proceedings by any appropriate means and according to such procedures as the city may, from time to time, prescribe by administrative policies.
(b) The record of all proceedings, including testimony and statements of personal opinions, the minutes of the secretary, all application, exhibits and papers submitted, all staff and advisory body or commission reports and recommendations, and the decision and report(s) of the body before which the hearing is heard shall constitute the record.
(7) Additional rules. The body conducting the hearing may adopt rules of procedure to limit the number of applications for development approval which may be considered per meeting and to limit the time for each presentation, or each speaker.
(J) Decision-making.
(1) Action. As provided by this code, the acting body shall decide or recommend: to approve, approve with conditions, or deny applications. The acting bodies shall base decisions or recommendations on consideration of evidence and analysis presented including, but not limited to, the following:
(a) Conformance with the code, the adopted Comprehensive Plan and other adopted plans, overlay districts, standards and policies;
(b) Recommendations of staff and recommending bodies as applicable;
(c) Review agency input;
(d) Public input and testimony received at the hearing; and
(e) Effects of the proposal on the neighborhood, area, and community-at-large.
(2) Authority to condition development approvals. After review of the application, other pertinent documents and any evidence made part of the public record, the recommending and decision-making bodies may impose conditions as are reasonably necessary to assure compliance with applicable general or specific standards stated in the code. The Zoning Administrator shall include a copy of the conditions with the record of the decision. The applicant shall be notified of any conditions imposed on the application.
(3) Zoning Board of Appeals as recommending body to City Council. For items that the Zoning Board of Appeals is the recommending body pursuant to Table 154.918.1, a recommendation for denial shall require a two-thirds affirmative vote of the City Council to be approved.
(4) Zoning Board of Appeals as decision-making body. The Zoning Board of Appeals shall render final decision for items that the Zoning Board of Appeals is the decision-making body pursuant to Table 154.918.1.
(5) City Council. The City Council shall act upon applications pursuant to Table 154.918.1.
(K) Scope of action. The review body 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 reviewing body 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. The reviewing body may not, in any case, permit a greater amount of development, a more intensive use, a larger land area than indicated in the original application, or a greater variance than was indicated in the notice.
(L) Post-decision proceedings.
(1) Appeals. Any interested party aggrieved by a final decision by any decision-maker may appeal the final action in accordance with the provisions of § 154.926.
(2) Amendments and revisions to approval.
(a) Unless provided otherwise by this code, the Zoning Administrator may approve minor revisions to an approved application. Minor revisions must be authorized in writing by the Zoning Administrator and are subject to appeal to the original final decision-maker. Authorized minor revisions are those that are necessary in light of technical considerations that do not substantively change the character of the development approval.
(b) If the Zoning Administrator determines that a requested revision is not minor, approval of the revision by the original final decision-maker is required in accordance with the procedures established for the original consideration of the application.
(M) Validity.
(1) Time of expiration. Unless otherwise specifically provided for in this code, development approvals shall expire and become null and void, all activities taken pursuant to such approved development applications shall cease, and all activities pursuant to such approval thereafter shall be deemed in violation of this code, 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 application, 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 code within the time so required or as may be required by the Illinois Compiled Statutes. 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.
(a) Considerations. Unless otherwise prohibited by Illinois law or this code, an extension of the effective period of the development approval and/or development phasing schedule may be granted by the decision-making body granting the original approval. In deciding a request for an extension, the decision-making body shall consider: whether the applicant has demonstrated sufficient cause as to why the original effective period or development phasing schedule cannot be met; and whether development regulations applicable to the project have not or are not proposed to be materially changed so as to render the project inconsistent with the regulations prevailing at the time the extension would expire.
(b) Requests. Requests for an extension of the effective period of the development approval or development phasing schedule shall be submitted in writing to the Zoning Administrator prior to the expiration of the original approval. Upon receipt of the request, the Zoning Administrator shall schedule the matter before the decision-making body.
(N) Continued compliance. Once constructed and occupied, a development shall continue to provide all necessary maintenance and/or replacement in order to remain in substantial compliance with all approved plans and conditions of approval. Failure to remain in substantial compliance, including the replacement of required plant materials that have died or are diseased, shall constitute a violation of this code.
(O) Revocation of permit or approval.
(1) Duties of Zoning Administrator. If the Zoning Administrator determines that there are reasonable grounds for revocation of a development permit or approval, other than those provided in division (M) above, the Zoning Administrator shall set a hearing before the final decision-maker. If the decision was made by the Zoning Administrator, the hearing shall be conducted by the Zoning Board of Appeals. If the City Council was the original decision-maker, it may refer the proposed revocation to the Zoning Board of Appeals for a recommendation prior to the hearing.
(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 this section.
(3) Notification of appeal or revocation. Whenever an appeal is taken from a final decision, or whenever the city determines to revoke a development permit which was obtained following a public hearing, mailed notice of the appeal or revocation shall be prepared and made in the manner prescribed for the original action. If no public hearing was held prior to obtaining the development permit, mailed notice of revocation shall be given to the holder of the permit only.
(4) Decision and notice. After the conclusion of the hearing, the decision-maker shall render a decision to revoke the permit, to allow the applicant to retain the development permit, or reconsider the permit and shall notify the holder of the permit and any other person who has filed a written request for such notice.
(5) Effect and appeals. Unless specified otherwise at the time of the decision, a decision to revoke a development permit shall become final immediately at the time the decision is rendered, unless appealed. After such effective date of revocation, any activities continuing pursuant to such permit shall be deemed to be in violation of the code.
(6) 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.
(P) City initiated requests. The City Administrator, Zoning Administrator, Zoning Board of Appeals, or City Council may initiate a request for any development permit on behalf of th city. Such requests shall not be subject to fees, but shall otherwise follow the same procedures established in this code.
(Ord. O-05-04, passed 4-11-05)