(a) COMMON PROVISIONS.
(1) APPLICABILITY. The common provisions of this section apply to all of the procedures in this Sec. 35-3909, unless otherwise expressly stated.
(2) REVIEW & DECISION-MAKING AUTHORITY. Table 3909-1 provides a summary of review and decision-making authority for projects within the Moline Centre districts.
(3) APPLICATIONS AND FEES. Complete applications and required fees must be submitted after the pre-application conference is held and prior to any formal reviewing.
a. Eligible Applicants. When the procedures of this section allow an application to be filed by an “eligible applicant,” such application must be submitted by, or on behalf of, a person, firm, corporation or organization that has a freehold, possessory, or contractual interest that is specifically enforceable in the land that is subject to the application.
b. Form of Application. Applications must be submitted in a form as required by the Community and Economic Development Department. Applications must include materials and information to assist review and to illustrate compliance with all applicable regulations, including at least the following:
1. A list of the names and addresses of all owners of record of the property that is the subject of the application; and
2. Maps, plats, surveys, dimensioned site plans, engineering documents, environmental reports, traffic studies, and other materials and information, as required by this code or application checklists established by the Community and Economic Development Department.
c. Application Fees. All applications filed must be accompanied by the required application fee, as established in the City's fine and fee schedule.
d. Professionals. Site plans involving engineering, architecture, landscape architecture or land surveying must be certified by an engineer, architect, landscape architect, or land surveyor authorized to practice by the state.
REFERENCE SECTION | PROCEDURE | ZONING ADMINISTRATOR | PLANNING COMMISSION | CITY COUNCIL | ZONING HEARING OFFICER |
REFERENCE SECTION | PROCEDURE | ZONING ADMINISTRATOR | PLANNING COMMISSION | CITY COUNCIL | ZONING HEARING OFFICER |
– | Text and/or Map Amendments | SEE 35-2203 | |||
3909(b) | Site Plans | DECISION | Appeals | – | – |
3909(c) | Development Plans | DECISION | Rezoning approval per 35-2203 | – | |
– | Special Use Permit | SEE 35-2206 | |||
3909(d) | Administrative Adjustment | DECISION | – | – | Appeals |
3909(e) | Design Adjustment | Review & Recommendati on | DECISION | Appeals | |
– | Variances | SEE 35-2207 | |||
KEY | “Review & Recommendation” = reviews and makes a recommendation to the decision-making authority “DECISION” = reviews and makes final decision of approval, approval with conditions, or disapprove Appeals = hears appeals to decisions made by the decision-making authority | ||||
e. Completeness, Accuracy and Sufficiency.
1. An application will be considered complete and ready for processing only if it is submitted in the required number and form, includes all required information and is accompanied by the required application filing and notification fees.
2. The official responsible for accepting the application must make a determination of application completeness within 7 days of application filing.
3. If an application is determined to be incomplete, the official responsible for accepting the application must provide notice to the applicant along with an explanation of the application’s deficiencies and return the application and any application fee to the applicant.
4. Applications deemed complete will be placed in the first available application processing cycle and will be reviewed by staff and other review and decision-making bodies, in accordance with applicable review and approval procedures of this code.
5. The official responsible for accepting the application is authorized to request that applications or plans be revised before being placed on an agenda for possible action if the official determines that inaccuracies or omissions that will hinder timely or competent evaluation of the plan’s/application’s compliance with applicable regulations;
6. Failure to revise an application in accordance with paragraph (5), above may result in the application or plan being recommended for denial.
(4) PREAPPLICATION MEETINGS.
a. Purpose. Preapplication meetings provide an early opportunity for staff and applicants to discuss the procedures, standards and regulations required for approval under the zoning and land development regulations.
b. Applicability. Preapplication meetings are required for site plans and development plan procedures.
c. Scheduling. Preapplication meetings must be scheduled with the zoning administrator prior to any application submittal.
d. Guidelines. The zoning administrator is authorized to establish guidelines for preapplication meetings, including information that must be provided and available alternatives to face-to-face meetings, such as telephone conversations and email correspondence.
e. Development Review Committee. The zoning administrator may determine at their discretion whether the Development Review Committee or members thereof must attend any preapplication meeting; however, the applicant may request attendance of the Development Review Committee or any of its members at the meeting.
(b) SITE PLANS.
(1) GENERAL. Site plan review and approval is required in order to ensure a competent evaluation of whether proposed buildings, uses, and structures, and other site improvements comply with all applicable regulations of the zoning and land development regulations.
(2) APPLICABILITY.
a. All of the following require site plan review in accordance with the procedures of this section:
1. All new buildings and structures.
2. All additions to existing buildings that modify the footprint of any story of the building.
3. Renovations to the exterior facade beyond maintenance or replacement of any material with the same or similar material except as required by Sec. 35-3909(f)(3).
4. Any site improvements that are regulated by the zoning and land development regulations, including but not limited to parking, fences, walls, and steps, and landscaping in any street yard.
b. Minor repairs, maintenance, and replacement of any material with the same or similar material in the same location are exempt from the site plan procedure.
c. Changes in use that do not affect any of the items outlined in paragraph a, above, are required only to submit for a zoning certificate per Sec. 35-2102.
(3) APPROVAL AUTHORITY. The zoning administrator is authorized to review and approve site plans, but may refer any site plan for review and approval to the planning commission at the zoning administrator's discretion.
(4) SITE PLAN REVIEW. Upon receipt of a complete application, the zoning administrator must review the proposed site plan and distribute it to the development review committee for a determination of whether the construction and improvements identified on the site plan comply with all applicable regulations.
(5) ACTION. Upon completion of the review by the zoning administrator and the development review committee, the zoning administrator must act to approve the site plan, approve the site plan with conditions, disapprove the site plan, or, pursuant to Sec. 35- 3909(b)(3), forward the site plan and any review comments to the planning commission for final action to approve, approve with conditions, or disapprove the site plan.
(6) NOTICE OF DECISION. Within 10 days after the date of final action on the site plan, the zoning administrator must provide the applicant with written notice of the decision. If the site plan is disapproved, the notice must state the reasons for disapproval, which may be contained in a separate document or written on the site plan itself.
(7) APPROVAL WITH CONDITIONS.
a. Any site plan that is approved with conditions or subject to addressing development review committee comments must be completed and all comments addressed within 180 days of the date that the notice of decision is provided to the applicant. If this 180-day time limit is not met, the site plan decision expires.
b. If the zoning administrator determines that any aspect of the approved site plan has been revised beyond the conditions, the site plan must proceed back through the review and approval process again.
(8) DEVELOPMENT AGREEMENTS.
a. Before the issuance of a zoning permit, the applicant must submit an agreement in a form approved by the Community & Economic Development Director and City Attorney. The subdivision or development agreement will, without limitation, include or reference the following minimum information:
1. Proposed site development schedule for installation of guaranteed public and private improvements, referencing the final plat or development plan, and final engineering plans, and stipulating the improvements which must be installed prior to issuance of a building permit or certificate of occupancy for the buildings or structures to be constructed.
2. Description and estimated cost of public and private improvements, in a form and amount approved by the City Engineer, providing a detailed accounting of the various types and amounts of improvements included in the estimate.
3. Type and summary of terms of performance guarantee for the construction of public and private improvements.
4. Acknowledgment that the City will take no responsibilities for any public improvements, including, without limitation, maintenance of any sort and repairs, unless and until all of the public improvements are properly dedicated in accordance with this code. The Corporate Authorities may, in their sole and absolute discretion, take dedication of and assume responsibility for individual public improvements as may be requested in writing by the developer.
5. A summary of the covenants, restrictions and easements necessary for the development, including the responsibilities of a property owners' association, if proposed.
6. Agreement to pay:
i. A fair and equitable share of all water, sanitary sewer, and storm sewer improvements developed in the area surrounding the property that benefit the property, as determined by the City Engineer;
ii. All applicable park and school donations; and
iii. Any other applicable costs, payments, permit fees or other fees attributable to the subdivision or development.
7. An acknowledgment by the owner or developer that the City is not and will not be, in any way, liable for any damages or injuries that may be sustained as the result of the City’s review and approval of any plans for the property.
8. All other acknowledgments, indemnifications, and hold harmless agreements as the Corporate Authorities may require.
9. All other provisions deemed necessary by the Corporate Authorities in order to fulfill the purpose and intent of this code.
b. The required agreement and financial guarantee must be provided for the completion of all covered work within the time specified in the agreement. The time period may be extended upon written application by the applicant, signed by all parties, including the sureties, to the original agreement.
c. The City administrator is authorized to determine the adequacy, conditions and acceptability of any proposed financial guarantee, but all such financial guarantees, at a minimum, shall specify the terms and conditions noted below.
1. The guarantee shall have an expiration date not less than 3 months beyond the date specified in the approved development agreement.
2. Not less than 30 days prior to the expiration of such guarantee, the Corporate Authorities shall be given written notice by means of certified or registered mail, indicating that such guarantee is to expire. No guarantee shall expire absent such notice.
3. Failure of the owner or developer to install such guaranteed improvements prior to the scheduled completion date, as specified in the approved development schedule, shall be considered a default by the owner or developer and the issuing institution.
4. The guarantee shall only be released or reduced by the issuing institution upon written certification by the City Engineer stating:
i. that said guarantee may be released or reduced in accordance with this section, and
ii. the amount of such discharge or reduction.
5. If at any time the City determines that the institution issuing the guarantee is without adequate capital, assets, earnings and liquidity as required in Sec. 35- 3909(b)(8)d.2.iii; is unable to meet any federal or state requirement for reserves; is insolvent; is in danger of becoming any of the foregoing; or is otherwise in danger of being unable to honor such guarantee at any time during its term, or if the City otherwise reasonably deems itself to be insecure, then the City shall have the right to demand that the owner or developer provide a replacement guarantee from an institution satisfactory to the City. Such replacement guarantee shall be deposited with the City not later than 10 days following such demand.
6. If the owner or developer fails or refuses to complete the construction of the public and private improvements covered by the guarantee or fails or refuses to correct any defect or deficiency in such improvements upon request by the City, or in any other manner fails or refuses to meet fully any of its obligations under the guarantee or the applicable development agreement, then the City may, in its sole and absolute discretion, retain all or any part of the guarantee. The City thereafter shall have the right to exercise any other action it deems reasonable and appropriate to mitigate the effects of such failure or refusal, and to reimburse itself from the proceeds of the guarantee for all of its costs and expenses, including legal fees and administrative expenses. If the funds remaining in the guarantee are insufficient to repay fully the City for all such costs and expenses, and to maintain a cash reserve equal to the required guarantee during the entire time of such costs and expenses, and to maintain a cash reserve equal to the required guarantee during the entire time such guarantee should have been maintained, then the owner or developer shall, upon demand of the City therefor, immediately deposit with the City such additional funds as the City determines necessary.
d. Performance guarantees for the installation of public and private improvements shall be in a form approved by the Corporate Authorities. The following types of performance guarantee are acceptable, provided they are consistent with the regulations below.
1. Cash Escrow. A cash deposit may be used as a guarantee, provided the total amount of the guarantee required is placed with the Corporate Authorities and administered in accordance with the provisions of the development agreement.
2. Irrevocable Letter of Credit and Cash. An irrevocable letter of credit may be used as a guarantee, provided such letter of credit is issued by a financial institution approved by the Corporate Authorities, the administration of such letter of credit conforms to the terms of the development agreement, and the letter of credit is accompanied by a cash deposit in an amount not less than 10% of the total guarantee amount. The cash deposit shall, at all times until released, as provided herein, be maintained at not less than 10% of the initial total guarantee amount. The financial institution issuing the irrevocable letter of credit shall be:
i. Insured by the Federal Depository Insurance Corporation or Federal Savings and Loan Insurance Corporation;
ii. Chartered in the State of Illinois or have a registered agent in Illinois; and
iii. Have adequate capital, assets, earnings and liquidity to ensure the financial soundness of the issuing institution, as determined by the Corporate Authorities.
3. Surety Bond. A surety bond may be used as a guarantee, provided the surety bond is issued by a surety company approved by the Corporate Authorities, the administration of the surety bond conforms to the terms of the development agreement and this section, Sec. 35-3909(b)(8), the surety bond is accompanied by a cash deposit in an amount not less than 20% of the total guarantee amount.
(9) COMPLIANCE WITH APPROVED PLAN.
a. Unless otherwise expressly provided in the zoning and land development code, the construction standards for all off-site improvements and on-site improvements required must conform to City design and construction standards and the approved site plan.
b. Inspections during the installation of off-site improvements and required on-site improvements may be made by the department or agency responsible for such improvements, as are required to certify compliance with the approved site plan and applicable City standards.
c. The applicant must notify the zoning administrator in writing at least 3 days before beginning any street or storm sewer work shown on the approved site plan.
d. The applicant must provide adequate supervision on the site during the installation of all required improvements and have a responsible superintendent, together with one set of approved plans, profiles and specifications, available at the site at all times when work is being performed.
e. Upon satisfactory completion of the installation of the required improvements, the owner must be provided with a certificate of approval from the zoning administrator. The city administrator is authorized to approve a release or partial release of any bond or financial guarantee for such improvements upon notice by the zoning administrator that the improvements have been satisfactorily completed.
f. The installation of improvements as required does not in any way obligate the City to accept such improvements for maintenance, repair or operation. Acceptance of improvements is subject to existing regulations concerning acceptance of each type of improvement.
(10) AMENDMENTS. The zoning administrator is authorized to approve revisions to approved site plans or to forward proposed site plan amendment requests to the planning commission for final review and decision. All proposed revisions must comply with applicable regulations and City standards.
(11) AS-BUILT PLANS. Upon satisfactory completion of all required improvements shown on an approved site plan, the applicant must submit the completed as-built site plan and electronic file. Such plan must be submitted at least one week before the anticipated occupancy of any building.
(12) APPEALS. An applicant for site plan approval may appeal the decision of the zoning administrator or planning commission defined in Article II.
(c) DEVELOPMENT PLANS.
(1) GENERAL. Development plan review and approval is required in order to ensure a competent evaluation of whether proposed streets, blocks, lots, open space, and new zoning districts comply with the Master Plan Development (MPD) regulations of Sec. 35-3908, subdivision regulations, and other applicable City regulations and standards.
(2) APPLICABILITY. All Master Plan Developments (MPDs) per Sec. 35-3908 require review and approval of a development plan in accordance with the procedures of this subsection.
(3) APPLICATION FILING.
a. Regulating Plans, Street Sections, Other Plans. See Sec. 35-3908(a)(3) for plan and drawing submittal requirements. Development plan approval does not require building design; however, general building footprint locations must be considered and shown.
b. Other Application Requirements. Phasing plans for all components of the site, including streets, open space, utilities and infrastructure, transportation components.
c. Site Narrative. A site narrative describing the intent, goals, and objectives of the development, funding and financing, other requirements defined by the City during the pre-application meeting.
d. Concurrent Filings. Complete applications for the development plan approval must be filed with the zoning administrator concurrently with subdivision and any rezoning applications.
(4) APPROVAL AUTHORITY.
a. The zoning administrator is authorized to review and approve site plans, but may refer any site plan for review and approval to the planning commission at the zoning administrator's discretion.
(5) DEVELOPMENT PLAN REVIEW.
a. Zoning Review. Upon receipt of a complete application, the zoning administrator must review the proposed development plan for compliance with regulations.
b. Development Review Committee. The zoning administrator must distribute the application and their initial review to the development review committee, including the director of engineering, for a determination of whether the construction and improvements identified on the plan comply with all applicable regulations.
c. Advisory Committee(s). The zoning administrator must update any advisory committees in place established by the city administrator.
d. Adjustments. The zoning administrator may determine that administrative and/or design adjustments may be warranted for the project. The application may be revised and requested adjustments must be reviewed per Sec. 35-3909(d) and/or 35-3909(e). Design adjustments may be approved concurren tly with preliminary subdivision plat.
(6) SUBDIVISION. The zoning administrator must prepare preliminary findings and a recommendation to the plan commission for preliminary subdivision plat review and approval per Sec. 35-2200. Design adjustments may be approved concurrently with preliminary subdivision plat.
(7) ZONING MAP AMENDMENT. For any rezoning requested by the applicant, upon approval of the preliminary subdivision plat, the zoning administrator must prepare preliminary findings and a recommendation to the City Council for the zoning map amendment review and approval per Sec. 35-2203. Lot and street dedications may be approved concurrently with the zoning map amendment.
(8) ACTION. Upon required approvals for subdivision and rezoning, the zoning administrator must act to approve, approve with conditions, or disapprove the development plan, or, pursuant to Sec. 35-3909(c)(4), forward the site plan and any review comments to the planning commission for final action to approve, approve with conditions, or disapprove the site plan. If approved by the plan commission when no rezoning is requested, the development plan approval may be concurrent with the subdivision approval.
(9) NOTICE OF DECISION. Within 10 days after the date of final action on the development plan, the zoning administrator must provide the applicant with written notice of the decision. If the development plan is disapproved, the notice must state the reasons for disapproval, which may be contained in a separate document or written on the site plan itself.
(10) APPROVAL WITH CONDITIONS.
a. Any development plan that is approved with conditions or subject to addressing development review committee comments must be completed and all comments addressed within 180 days of the date that the notice of decision is provided to the applicant. If this 180-day time limit is not met, the site plan decision expires.
b. If the zoning administrator determines that any aspect of the approved site plan has been revised beyond the conditions, the site plan must proceed back through the review and approval process again.
(11) INFRASTRUCTURE.
b. Financial guarantees and development agreements per Sec. 35-3909(b)(8) are required per the city administrator's office.
(12) SITE PLAN. Approval of a site plan, in accordance with the applicable site plan procedures of this section, Sec. 35-3909, must occur before any building permits are issued for the development.
a. Site plan reviews and approvals per Sec. 35-3909(b) are required for each building, waterfront buffers, and civic space.
b. Financial guarantees per Sec. 35-3909(b)(8) may be required per the city administrator's office for assurance of implementation of any waterfront buffer and civic space required per the development plan.
(13) AME NDMENTS. The zoning administrator is authorized to approve revisions to approved site plans or to forward proposed site plan amendment requests to the planning commission for final review and decision. All proposed revisions must comply with applicable regulations and City standards.
(14) LAPSE OF APPROVAL.
a. Unless a longer time period or a phasing plan is approved at the time of approval of the development plan and any applicable development agreement, a complete application for an improvement must be filed within 1 year of the date of development plan approval and a complete application for site plan approval must be filed within 2 years of the date of development plan approval. If an application for site plan approval is not filed within the required time period, no further site plans may be approved for the project until the subject property owner has filed the original or amended development plan for re-review and reconsideration by the zoning administrator, planning commission, and City Council, as required, per the development plan approval process. Such re-review and reconsideration must follow the development plan review procedures of this section and will result in a new timeline for the project.
b. For projects to be developed in phases, phase limits must be shown on the development plan and approved by the city administrator. The city administrator may impose conditions upon the phasing plan as deemed necessary to ensure orderly development, including requirements for financial guarantees ensuring construction of all required improvements.
(15) AMENDMENTS.
a. Amendments to an approved development plan may be processed administratively with a revised development plan application, provided the amendments do not affect approved adjustments, subdivision approval, or zoning approval.
b. Depending on the degree of change identified, the zoning administrator may determine the amendment requires a full development resubmittal, including fee and any notice requirements.
c. Amendments that affect approved adjustments, subdivision approval, or zoning approval must be submitted as a new development plan application, including fee, notice, and required approvals.
(d) ADMINISTRATIVE ADJUSTMENTS.
(1) APPROVAL AUTHORITY. The zoning administrator has the authority to approve administrative adjustments to the Moline Centre districts as expressly defined in this subsection.
(2) ALLOWED ADMINISTRATIVE ADJUSTMENTS. All administrative adjustments approved must fall within one of the following categories:
a. Building and Parking Siting. Within the building siting and parking & accessory structures subsections of the building type regulations in Sec. 35-3903, any dimensional requirement may be increased or decreased by up to 10% or 1 foot, whichever is more.
b. Building Height. Within the height subsections of the building type regulations in Sec. 35-3903, floor-to-floor heights may be increased by up to 1 foot, whichever is more, provided the overall building does not exceed the total height in feet that is allowed.
c. Transparency. Up to 3% decrease in transparency or a 3% increase in blank wall limitation for any story on a street facade, provided the overall street facade meets the original regulation.
d. Other Administrative Adjustments. Other administrative adjustments expressly stated in Division 9 as allowed in the Moline Centre districts.
(3) APPLICATION & REVIEW.
a. Administrative adjustments must be requested on the application for a site plan and reviewed concurrently with the site plan procedure.
b. During the site plan review process, an applicant may revise their application, under the direction of and with the agreement of the zoning administrator, to include a request for an allowed adjustment that will assist in the approval of the project.
(4) ACTION. The zoning administrator must act to approve, approve with conditions, or disapprove the administrative adjustment concurrently with the site plan approval. An administrative adjustment may not be approved without an approved site plan.
(e) DESIGN ADJUSTMENTS.
(1) APPROVAL AUTHORITY. The Plan Commission has the authority to approve design adjustments, provided each adjustment fulfills the intent statements defined for Moline Centre Districts in Sec. 35-3901(a), any parameters defined within these regulations, and the resulting form is consistent or compatible with the vision for the downtown.
(2) ALLOWED DESIGN ADJUSTMENTS.
a. Design adjustments to the Moline Centre district regulations are expressly defined through Division 9.
b. For an existing building renovation that requires site plan approval per Sec. 35-3909(a)(1), a design adjustment may be approved to any building type regulation (per Sec. 35-3903) or building design regulation (per Sec. 35-3906) in order to retain any existing building or site element, except the parking yard location. The project must meet the intent statements in Sec. 35-3901(a).
(3) APPLICATION & REVIEW.
a. Design adjustments must be requested on the application for a site plan or development plan and reviewed concurrently with the applicable procedure.
b. During the review process, an applicant may revise their application, under the direction of and with the agreement of the zoning administrator, to include a request for an allowed adjustment that will assist in the approval of the project.
(4) ACTION. The plan commission must act to approve, approve with conditions, or disapprove the design adjustment. Approval of a design adjustment does not constitute approval of any site plan or development plan, subdivision, or zoning map amendment.
(f) NONCONFORMING STRUCTURES. The following regulations apply in addition to Sec. 35-3112, Nonconforming Sites and Structures, in the Moline Centre districts.
(1) EXPANSION. In lieu of Sec. 35-3112(d), when renovations within any continuous 5 year period result in the addition of more than 50% in gross building square footage, all requirements of Division 9 Moline Centre districts must be met.
(2) MAINTENANCE & RESTORATION. In lieu of Sec. 35-2112(c), the following applies:
a. Maintenance. General repair and maintenance of existing building elements, such as resurfacing a roof, replacement of damaged facade materials, replacement of existing windows in the same location, does not require trigger correction of existing conditions up to conformance.
(3) RENOVATION.
a. Facades. In lieu of Sec. 35-2112(c), any street facade must be brought into conformance of the facade requirements of the building type and the building design regulations when any one of the following occurs:
1. Doors. Installation of additional doors or a change in location of a door. For a storefront door and window system, installation or change in location of 2 or more doors.
2. Windows. Expansion or change in location of 35% of windows on any street façade.
3. Facade Materials. Replacement of 35% or more of facade materials on any street facing facade with a different facade material.
b. Roof Renovations. If the renovation of the shape or style of more than 50% of the roof occurs and 30% of the street facing façade exists within the build-to zone, the Roof Type requirements of the applicable building type shall be met.
c. Parking Location. When a parking lot is located in a front yard (nonconforming), the following levels of renovation apply:
1. Any renovation of the site requires implementation of the frontage buffer.
2. Complete renovation of any primary facade requires removal of any primary yard parking lot.
d. Design Adjustment. A design adjustment may be approved for exemption from these nonconforming structure requirements, when the applicant can prove the structure substantially meets the goals and intent of the comprehensive plan and this code.
(Ord. No. 3014-2023; Sec. 35-3909 enacted; 04/18/23)