Belvidere City Zoning Code

ARTICLE 9

- PROCEDURES AND ADMINISTRATION

Sec. 150.901.- Purpose.

The purpose of this article is to establish the procedural requirements for zoning text amendments, zoning map amendments, special use review and approval, temporary use review and approval, site plan review and approval, variances, and appeals of zoning interpretations and decisions.

(Ord. No. 801G, § 3, 3-6-06)

Sec. 150.902. - Amendment of zoning regulations (text amendment).

(A)

Purpose. The purpose of this section is to provide regulations which govern the procedures and requirements for the review and approval, or denial, of proposed text amendments to the zoning ordinance.

(B)

Initiation of request for amendment of this chapter. Proceedings for a text amendment of this chapter may be initiated by any one of the following four methods:

(1)

An application by the owner(s) of property lying within the city;

(2)

A recommendation of the city staff;

(3)

A recommendation of the planning and zoning commission; or

(4)

By action of the city council.

(C)

Application requirements. An application for a proposed text amendment shall be filed with the zoning administrator. No placement of the application on any agenda, as an item to be acted upon, shall occur unless the zoning administrator has certified that an application is complete. Prior to the submittal of the notice of public hearing regarding the application to the newspaper, the applicant shall provide the zoning administrator with a complete application in both hard copy and an accessible electronic format acceptable to the city (Microsoft Word or Adobe PDF). The zoning administrator may waive, at his or her sole discretion, the requirement for the electronic copy. The following shall comprise a complete application:

(1)

A copy of the portion of the current provisions of this chapter which are proposed to be amended, with said provisions clearly indicated in a manner which is clearly reproducible with a photocopier;

(2)

A copy of the text which is proposed to replace the current text; and

(3)

An applicant other than the city shall provide written justification for the proposed text amendment, consisting of the reasons why the applicant believes the proposed text amendment is in harmony with the recommendation of the comprehensive plan.

(D)

Review by the zoning administrator. The proposed text amendment shall be reviewed by the zoning administrator as follows:

(1)

The zoning administrator, or his designee, shall determine whether the application is complete and fulfills the requirements of this chapter. If the zoning administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return the application to the applicant. If the zoning administrator determines that the application is complete, he shall so notify applicant.

(2)

Upon notifying the applicant that his application is complete the zoning administrator or his designee shall review the application and evaluate and comment on the written justification for the proposed text amendment.

(3)

The zoning administrator shall forward the report and recommendations to the planning and zoning commission for the commission's review and use in making its recommendation to the city council.

(E)

Reserved.

(F)

Public hearing procedures. The planning and zoning commission shall notice and conduct the meeting in accordance with § 150.910.

(G)

Review and recommendation by the planning and zoning commission. Any proposal for the amendment of this chapter not originating from the planning and zoning commission shall be referred to the commission for its consideration and recommendation before any action is taken by the city council. The planning and zoning commission shall review the application during the public hearing.

(1)

After the public hearing, the planning and zoning commission shall:

Adopt formal findings of fact;

Make a specific recommendation to the city council regarding the application; and

Forward the recommended findings of fact, minutes and transcripts of the public hearing to the city council for its review and action.

(H)

Review and action by the city council. The city council shall consider the planning and zoning commission's recommendation regarding the proposed text amendment. The city council may approve or deny the amendment as originally proposed, may approve the proposed amendment with modifications or may remand the request back to the planning and zoning commission for further hearings and/or discussion. The city council's approval of the requested amendment shall be considered the approval of a unique request, and shall not be construed as precedent for any other proposed amendment.

(I)

Effect of denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said denial, except on grounds of new evidence or proof of change of factors found valid by the city council.

(J)

Fee. A fee is required for this procedure (refer to § 150.913).

(Ord. No. 801G, § 3, 3-6-06; Ord. No. 51H, § 1, 3-1-10)

Sec. 150.903. - Amendment of official zoning map.

(A)

Purpose. The purpose of this section is to provide regulations, which govern the procedure and requirements for the review and approval, or denial, of proposed amendments to of the official zoning map.

(B)

Initiation of request for amendment to official zoning map. Proceedings for amendment of the official zoning map may be initiated by any one of the following four methods:

(1)

An application of the owner(s) of the subject property or the owner's designee;

(2)

A recommendation of the city staff;

(3)

A recommendation of the planning and zoning commission; or

(4)

By action of the city council.

(C)

Application requirements. An application for a proposed official zoning map amendment shall be filed with the zoning administrator. No placement of the application on any agenda, as an item to be acted upon, shall occur unless the zoning administrator has certified that an application is complete. Prior to the submittal of the notice of public hearing regarding the application to the newspaper, the applicant shall provide the zoning administrator with a complete application in both hard copy and an acceptable electronic format acceptable to the city (Microsoft Word or Adobe PDF). The zoning administrator may waive the requirement for the electronic copy. Said complete application shall contain all of the following:

(1)

A map of the subject property showing all lands for which the special use is proposed. Said map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided.

(2)

A map, such as the land use plan map, of the generalized location of the subject property in relation to the city as a whole; and

(3)

The applicant shall provide justification for the proposed map amendment, consisting of the reasons why the applicant believes the proposed map amendment is in harmony with recommendations of the comprehensive plan, particularly as evidenced by compliance with the standards set out in § 150.903(D)(2), below.

(D)

Review by the zoning administrator. The proposed amendment to the official zoning map shall be reviewed by the zoning administrator as follows:

(1)

The zoning administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the zoning administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return the application to the Applicant.

(2)

The zoning administrator shall review the application and evaluate and comment on the written justification for the proposed map amendment. The zoning administrator shall make findings based upon the evidence presented in the application with respect to the following matters:

Existing uses and intensities of property within the general area of the property in question.

The zoning classification of property within the general area of the property in question.

The suitability of the property in question for the uses permitted under the existing zoning classification.

The trend of development, if any, in the general area of the property in question, including changes (such as the presence of new roads or other infrastructure, additional development, annexation, or other zoning changes), if any, that may have taken place since the day the property in question was placed in its present zoning classification and that make the property more appropriate for a different zoning district.

Whether the proposed amendment is consistent with the plans and policies of the comprehensive plan adopted by the city.

Whether the proposed official zoning map amendment further the purposes of this chapter and the applicable rules and regulations of the state and the Federal Emergency Management Agency (FEMA).

Whether a mistake was made in mapping on the official zoning map or if an area is developing in a manner and purpose different from that for which it is mapped. If this reason is cited, it must be demonstrated that the discussed inconsistency between actual land use and designated zoning is not intended, as the city may intend to stop an undesirable land use pattern from spreading;

Such other matters the zoning administrator deems pertinent.

(3)

The zoning administrator shall forward a report and recommendations to the planning and zoning commission for the commission's review and use in the making its recommendation to the city council.

(E)

Reserved.

(F)

Public hearing procedures. The planning and zoning commission shall conduct a public hearing in accordance with § 150.910.

(G)

Review and recommendation by planning and zoning commission. The planning and zoning commission shall review the application and make a recommendation to the city council per the procedures outlined in § 150.902(G).

(H)

Review and action by the city council. The city council shall consider the planning and zoning commission's recommendation regarding the proposed amendment to the official zoning map. The city council's approval or denial of the requested amendment shall be considered the approval or denial of a unique request, and shall not be construed as precedent for any other proposed amendment.

(I)

Effect of denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the city council.

(J)

Fee. A fee is required for this procedure. Refer to § 150.913.

(Ord. No. 801G, § 3, 3-6-06; Ord. No. 24H, § 14, 9-8-09; Ord. No. 51H, § 2, 3-1-10)

Sec. 150.904. - Special use review and approval procedures.

(A)

Purpose. The purpose of this section is to provide regulations, which govern the procedure and requirements for the review and approval, or denial, of proposed special uses. A complete list of special uses is available in appendix C. Permitted special uses may be certain uses in situations which are of a special nature, or are so dependent upon actual contemporary circumstances, as to make impractical the predetermination of permissibility, or the detailing in this chapter of specific standards, regulation or conditions which would permit such determination in each individual situation. Special uses are described for each zoning district in § 150.204.

(B)

Initiation of request for approval of a special use. Proceedings for approval of a special use may be initiated by an application of the owner(s) or his/their designee of the subject property, or by the city.

(C)

Application requirements. An application for a special use shall be filed with the zoning administrator. No placement of the application on any agenda shall occur unless the zoning administrator has certified that an application is complete. The applicant shall provide the zoning administrator with a complete application in both hard copy and an electronic format acceptable to the city (Microsoft Word or Adobe PDF). The zoning administrator may waive the requirement for the electronic copy. The following shall comprise a complete application:

(1)

A map of the subject property showing all lands for which the special use is proposed. Said map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale of not less than one inch per 800 feet. All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided;

(2)

A map, such as the land use plan map, of the generalized location of the subject property in relation to the city as a whole;

(3)

A written description of the proposed special use describing the type of activities, buildings, and structures proposed for the subject property and their general locations;

(4)

A site plan of the subject property as proposed for development. Said site plan shall conform to any and all the requirements of § 150.906(C);

(5)

The applicant shall provide written justification for the proposed special use consisting of the reasons why the applicant believes the proposed special use is appropriate, particularly as evidenced by compliance with the standards set forth in § 150.904(G), below.

(D)

Review by the zoning administrator. The proposed special use shall be reviewed by the zoning administrator as follows:

(1)

(2)

Upon notifying the applicant that his application is complete the zoning administrator shall review the application and evaluate and comment on the written justification for the proposed special use provided in the application per § 150.904(C)(5), above.

The zoning administrator may also evaluate the application to determine whether the requested special use is in harmony with the recommendations of the comprehensive plan.

(3)

The zoning administrator shall forward the reports to the planning and zoning commission for the commission's review and use in making its recommendation to the city council.

(E)

Reserved.

(F)

Public hearing procedures. The planning and zoning commission shall conduct a public hearing in accordance with § 150.910.

(G)

Review and recommendation by the planning and zoning commission. The planning and zoning commission shall review the application, adopt findings of fact, and make a recommendation to the city council. In order to make a recommendation and adoption of findings of fact, the commission shall consider the following facts:

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

That the proposed special use, both its general use independent of its location and in its specific location, will be in harmony with the purposes, goals, objectives, policies and standards of the city comprehensive plan, this chapter, and any other plan, program, or ordinance adopted, or under consideration pursuant to notice of public hearing by the city.

That the special use will not in its proposed location and as depicted on the required site plan, result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of the provisions of this chapter, the comprehensive plan, or any other plan, program, map, or ordinance adopted or under consideration pursuant to notice of public hearing by the city or other governmental agency having jurisdiction to guide development.

That the establishment of the special use will not impede the normal and orderly development and improvement of surrounding property, and maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property.

That the proposed special use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public agencies serving the subject property.

That the potential public benefits of the proposed special use outweighs any and all potential adverse impacts of the proposed special use after taking into consideration the applicant's proposal and any requirements recommended by the applicant to ameliorate such impacts.

That such other factors that the commission deems pertinent.

(H)

Review and action by the city council. The city council shall consider the planning and zoning commission's recommendation regarding the proposed special use. The city council may approve or deny the special use as originally proposed, may approve the proposed special use with modifications or may remand the matter back to the planning and zoning commission for further discussion or hearing. The city council's approval of the requested special use shall be considered the approval of a unique request, and shall not be construed as precedent for any other proposed special use.

(I)

(J)

Termination of an approved special use. The applicant must demonstrate that the proposed special use meets all general and specific special use requirements in the site plan required for initiation of development activity on the subject property. Once a special use is granted, no erosion control permit, site plan approval, occupancy permit, or building permit shall be issued for any development which does not comply with all requirements of this chapter. Any special use found not to be in compliance with the terms of this chapter and any "conditions of approval" identified in the ordinance approving the special use shall be considered in violation of this chapter and shall be subject to all applicable procedures and penalties. A special use may be revoked for such a violation by majority vote of the city council.

(K)

Time limits on the development of special use. The start of construction of any and all special uses shall be initiated within 365 days of their approval by the city council and shall be operational within 730 days of said approval. Failure to initiate development within this period shall automatically constitute a revocation of the special use. For the purposes of this section, "operational" shall be defined as the granting of an occupancy permit for the special use. Prior to such a revocation, the applicant may request an extension of this period. Said request shall require formal approval by the city council and shall be based upon a showing of acceptable justification (as determined by the city council).

(L)

Discontinuing an approved special use. Any and all special uses which are discontinued for a period exceeding 365 days shall automatically terminate and any subsequent use previously allowed by the special use shall be a violation of this code. The burden of proof shall be on the property owner to conclusively demonstrate that the subject special use was operational during this period.

(M)

Change of ownership. All requirements of the approved special use shall be continued regardless of ownership of the subject property. Modification, alteration, or expansion of any special use without approval by the city council, shall be considered in violation of the zoning ordinance and shall be, in addition to any other remedies or penalties, grounds for revocation of said special use approval per (J), above.

(N)

Recording of special use requirements. Except for special use approvals for temporary uses, a certified copy of the authorizing ordinance, containing identifiable description and any specific requirements of approval, shall be recorded at the applicant's expense with the county recorder's office.

(O)

Uses now regulated as special uses which were approved as legal land uses—Permitted by right or as special uses—Prior to the effective date of this chapter. A use now regulated as a special use which was approved as a legal land use—either permitted by right or as a special use—prior to the effective date of this chapter shall be considered as a legal, conforming land use so long as the previously approved conditions of use and site plan are followed. Any modification of the previously approved conditions of use or site plan shall require application and city consideration for a new special use under this article.

(P)

Fees. One or more fees are required for this procedure. Refer to §§ 150.913.

(Ord. No. 801G, § 3, 3-6-06; Ord. No. 24H, § 15, 9-8-09; Ord. No. 51H, § 3, 3-1-10; Ord. No. 701H, § 21, 11-4-24)

Sec. 150.905. - Temporary use review and approval procedures.

(A)

Purpose.

(1)

The purpose of this section is to provide regulations that govern the procedure and requirements for the review and approval, or denial, of proposed temporary uses.

(2)

Temporary uses are those uses that have the potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of this chapter. In addition to such potential, temporary uses also have the potential to create undesirable impacts on nearby properties that potentially cannot be determined except on a case-by-case basis. In order to prevent this from occurring, all temporary uses are required to meet certain procedural requirements applicable only to temporary uses, in addition to the general requirements of this chapter and the requirements of the zoning district in which the subject property is located.

(3)

Land uses which fail to meet one of the requirements for temporary uses of § 150.204 may be reviewed as a special use (see § 150.202(B)).

(B)

Regulations applicable to all temporary uses. No public hearing is required to develop a temporary use, however, a demonstration that the developer proposes to meet all temporary use requirements of this article must be made at time of site plan application. Furthermore, no building permit shall be issued for any development that does not comply with all requirements of this chapter. Any temporary use must comply with other applicable codes, including but not limited to electrical, plumbing and fire codes. Any temporary use found not to be in compliance with the terms of this chapter shall be considered in violation of this Code and shall be subject to all applicable procedures and penalties.

(C)

Application requirements. All applications for proposed temporary uses, shall be approved as complete by the zoning administrator prior to certification of the proposed temporary use. Said complete application shall contain all of the following:

(1)

A map of the subject property showing all lands for which the temporary use is proposed. Said map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided;

(2)

A map, such as the land use plan map, of the generalized location of the subject property in relation to the city as a whole; and

(3)

A written description of the proposed temporary use describing the type of activities, buildings, and structures proposed for the subject property and their general locations.

(4)

The zoning administrator may require a site plan of the subject property. Said site plan shall conform to any and all the requirements of § 150.906(C).

(D)

Approval by the zoning enforcement officer. Approval of a temporary use shall be by the zoning enforcement officer following review of said complete application per § 150.905(C) above.

(E)

Fee. A fee is required for this procedure. Refer to § 150.913.

(Ord. No. 801G, § 3, 3-6-06; Ord. No. 24H, § 16, 9-8-09)

Sec. 150.906. - Site plan review and approval procedures.

(A)

Purpose. The purpose of this section is to specify the requirements and procedures for the review and approval of site plan applications. The provisions of this section are designed to ensure that all proposed land use and development activity complies with the requirements of this chapter. Specifically, this section requires that the initiation of all development activity (including building permits, zoning certificates, occupancy permits for a change of use of an existing lot or structure where there is contemplated a site plan revision, clear cutting, grading or filling) require the approval of site, building and operational plans by the city before the building, occupancy, and zoning permits can be issued—except, however, that development activity associated with an approved final plat of subdivision for single-family and/or duplex/twin home dwelling units, and development activity associated with the full and complete implementation of a project approved within the SIP phase of the planned development district (PD) is exempt from this requirement.

(B)

Procedure.

(1)

Initiation of request for approval of a site plan. Proceedings for approval of a site plan shall be initiated by the owner(s) of the subject property, or their legally authorized representative(s).

(2)

Pre-application meeting. The applicant may first meet with the zoning administrator and other applicable city staff to discuss preliminary concepts and plans for the development. Guidance will be provided to the applicant on technical requirements and procedures, and a timetable for project review may be discussed.

(C)

Application for site plan review. The applicant shall apply to the zoning administrator for the approval of a site plan. The zoning administrator may waive requirements at his/her discretion. Said complete application shall contain all of the following:

(1)

Written description of the intended use describing in reasonable detail the:

Existing zoning district(s) (and proposed zoning district(s) if different);

Land use plan map designation(s);

Natural resources site evaluation worksheet (see § 150.304(A)(3));

Natural resources plan if natural resource features defined and described in article 5 are present on the property (see § 150.503(D));

Current land uses present on the subject property;

Proposed land uses for the subject property (per § 150.204);

Projected number of residents, employees, and daily customers;

Proposed amount of dwelling units, floor area, impervious surface area, and landscape surface area, and resulting site density, floor area ratio, impervious surface area ratio, and landscape surface area ratio;

Operational considerations relating to hours of operation, projected normal and peak water usage, sanitary sewer or septic loadings, and traffic generation;

Operational considerations relating to potential nuisance creation pertaining to noncompliance with the performance standards addressed in article 7, including street access, traffic visibility, parking, loading, exterior storage, exterior lighting, vibration, noise, and hazardous materials. If no such nuisances will be created (as indicated by complete and continuous compliance with the provisions of article 7, then the statement "The proposed development shall comply with all requirements of article 7" shall be provided;

Exterior building and fencing materials (§ 150.710 and § 150.712);

Possible future expansion and related implications for § 150.906(C)(1)A. through J., above; and

Any other information pertinent to adequate understanding by the city of the intended use and its relation to nearby properties.

(2)

A small location map at 11″ × 17″ showing the subject property and illustrating its relationship to the nearest street intersection. (A photocopy of the pertinent section of the city's land use plan map with the subject property clearly indicated shall suffice to meet this requirement.)

(3)

A property site plan drawing (and reduction at 11″ × 17″) which includes:

A title block which indicates the name, address and phone/fax number(s) of the current property owner and/or agent(s) (developer, architect, engineer, planner) for project;

The date of the original plan and the latest date of revision to the plan;

A north arrow and a graphic scale. Said scale shall not be smaller than one inch equals 100 feet;

A legal description of the subject property;

All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled;

All existing and proposed easement lines and dimensions with a key provided and explained on the margins of the plan as to ownership and purpose;

All required building setback lines;

All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, decks, patios, fences, utility poles, drainage facilities, and walls;

The location and dimension (cross-section and entry throat) of all access points onto public streets;

The location and dimension of all on-site parking (and off-site parking provisions if they are to be employed), including a summary of the number of parking stalls provided versus required by this chapter;

The location and dimension of all loading and service areas on the subject property and labels indicating the dimension of such areas;

The location of all outdoor storage areas and the design of all screening devices;

The location, type, height, size and lighting of all signage on the subject property;

The location, height, design/type, illumination power and orientation of all exterior lighting on the subject property—including the clear demonstration of compliance with § 150.707;

The location and type of any permanently protected natural resource areas, floodways and 100-year floodplains;

The location of existing and proposed drainage facilities; and

In the legend, data for the subject property:

Lot area;

Floor area;

Floor area ratio (Q.2./Q.1.);

Impervious surface area;

Impervious surface ratio (Q.4./Q.1.); and

Building height.

(4)

A detailed landscaping plan of the subject property, at the same scale as the main plan (and reduction at 11″ × 17″), showing the location of all required bufferyard and landscaping areas, and existing and proposed landscape point fencing and berm options for meeting said requirements. The landscaping plan shall demonstrate complete compliance with the requirements of article 6 (note: the individual plant locations and species, fencing types and heights, and berm heights need to be provided). A detailed landscaping plan is only required where the site plan represents an expansion of 50 percent or more of the impervious cover on the site.

(5)

A grading and erosion control plan at the same scale as the main plan (and reduction at 11″ × 17″) showing existing and proposed grades, including retention walls and related devices, and erosion control measures per the approval of the city engineer. A grading and erosion control plan is not required when grading is not being done on the site.

(6)

Elevation drawings of proposed buildings or proposed remodeling of existing buildings showing finished exterior treatment shall also be submitted, with adequate labels provided to clearly depict exterior materials, texture, color and overall appearance. Perspective renderings of the proposed project and/or photos of similar structures may be submitted, but not in lieu of adequate drawings showing the actual intended appearance of the buildings (refer to § 150.710.) An elevation drawing is not required when no new buildings are being built on the site.

(7)

A certified survey may be required by the zoning administrator in instances where he determines compliance with setback requirements may be difficult. The survey shall be prepared by a registered land surveyor and shall depict property lines and proposed buildings, structures, and paved areas.

(8)

A detailed site analysis per the following submission and review process:

Purpose. The detailed site analysis required by this article is designed to provide the clear identification of permanently protected natural resource areas on a site which is proposed for development. A detailed site analysis is not required for sites that contain no permanently protected natural resource areas. The detailed survey work required to identify these areas accurately on a map is not required prior to the initiation of development concept plans for an area. A detailed site analysis shall be performed in conjunction with required land division documents or development site plans for any and all properties containing permanently protected natural resource areas.

Description. The detailed site analysis shall be shown on a map of the subject property which depicts the location of all protected natural resource areas, as defined by the provisions of this article. The detailed site analysis shall meet the following requirements:

Scale. A minimum scale of one inch equals 200 feet shall be used.

Topography. Topographic information is not required for any property which does not contain steep slopes. For such properties, topographic information with a minimum contour interval of two feet is required. This requirement may be waived by written permission of the zoning administrator or his designee.

Specific natural resources areas. All natural resources areas which require protection under the provisions of this chapter shall be accurately outlined and clearly labeled. Particular care as to clarity shall be taken in areas where different resource types overlap with one another.

Development pads. The depiction of development pads on the site plan shall only be required on site plans where site disruption will affect permanently protected natural resource areas.

All site disruption (including selective cutting) proposed to occur within permanently protected natural resource areas shall be limited to development pads. Development pads shall be depicted on the detailed site analysis map, site plans required for development permits, and the recorded plat of subdivision.

Beyond visible damage to natural resources, vegetation, soil, and drainage patterns, site disruption activities shall not compact soil covering tree roots, or otherwise damage trees beyond the area from which trees are to be removed. All trees with calipers exceeding three inches, whose canopies are located adjacent to disturbed areas, which die within a period of five years following site disruption shall be replaced by the owner with a three-inch caliper tree of the same type (canopy or understory). Therefore, care shall be taken to ensure that equipment and actions associated with permitted site disruption activities are limited to the area in which they are permitted. The use of snow fences and other barriers to outline development pads during disruption activity is strongly recommended to limit the extent of inadvertent compaction or other disturbance of earth, and collision damage to vegetation intended for protection. Such barriers should be placed no closer to protected trees than a point on the ground directly under their outer canopy edge.

Mitigation areas. All mitigation areas related to the provisions of this chapter shall be depicted on the detailed site map with notations provided which describe the mitigation techniques employed.

Required procedure for submission and review.

Required timing of submission. The detailed site analysis map shall be submitted to the zoning administrator for initial review prior to, or concurrently with, the submission of the preliminary plat of subdivision; or if the proposed development does not involve a land division then submittal is required as an attachment to a required site plan. A concept plan of the proposed development may be submitted prior to the submission of the detailed site analysis map; however, in no way does the acceptance and/or general approval of a concept plan indicate the approval of natural resource feature locations. A detailed site analysis map prepared for the subject property which has been previously approved by city staff may be submitted for any subsequent development activity on the site. However, modifications to such a previously approved map will be required if the analysis is no longer accurate for the subject property.

Review by city staff. City staff shall review the submitted detailed site analysis map for general compliance with the following data sources:

The official zoning map;

Applicable USGS 7.5 minute topographic maps for the city and its environs;

Air photos of the subject property;

USGS Quads and other sources of topographic information;

Applicable FEMA and related floodplain maps;

Applicable federal and state wetland inventory maps;

The city comprehensive plan; and

Site visits. The zoning administrator shall provide the petitioner with a written evaluation of the submitted detailed site analysis map which shall indicate the acceptance by city staff; or the need for further analysis work, discussion with the petitioner and/or staff-recognized experts, or a joint site visit.

Modification of detailed site analysis map. If necessary, as determined by city staff, revised detailed site analysis maps shall be prepared and submitted for review by city staff, until a version is deemed acceptable. Staff review of the detailed site analysis may be appealed to the planning and zoning commission as a matter of ordinance interpretation (see § 150.910 and § 150.911).

Acceptance of detailed site analysis map. Upon notification of acceptance by city staff (or, in case of appeal, by determination of the planning and zoning commission), the petitioner may proceed with the submittal of necessary development documents.

Integration of detailed site analysis information with required development and/or land division. Information contained on the detailed site analysis map relating to the boundaries of permanently protected natural resource areas (including natural resource protection areas, other permanently protected natural resource areas, and required mitigation areas), shall be clearly depicted on any and all site plans required as a precondition for application for any development permit (such as a building permit) and on any proposed plat of subdivision.

(D)

Initiation of land use or development activity. Except with the written permission of the zoning administrator, absolutely no land use or development activity, including site clearing, grubbing, or grading shall occur on the subject property prior to the approval of the required site plan. Any such activity prior to such approval shall be a violation of this chapter and shall be subject to all applicable enforcement mechanisms and penalties.

(E)

Modification of an approved site plan. Any and all variation between development and/or land use activity on the subject property and the approved site plan is a violation of this chapter. An approved site plan shall be revised and approved via the procedures described above, so as to clearly and completely depict any and all proposed modifications to the previously approved site plan, prior to the initiation of said modifications.

(F)

Sunset clause. All buildings on an approved site plan not fully developed within two years of approval shall expire, and no additional site plan development shall be permitted on undeveloped portions of the subject property. The city council may extend this period, as requested by the applicant, through the special use process following a public hearing.

(Ord. No. 801G, § 3, 3-6-06)

Sec. 150.907. - Planned development district procedures.

(A)

Purpose.

(1)

The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed Planned Developments, and to provide for the possible relaxation of certain development standards pertaining to the underlying standard zoning district.

(2)

Planned developments are designed to forward both the aesthetic and economic development objectives of the city by controlling the site design and the appearance, density or intensity of development in terms of more flexible requirements for land uses, density, intensity, bulk, landscaping, and parking requirements. The planned development shall provide a much higher level of site design, architectural control and other aspects of aesthetic and functional excellence than normally required for other developments.

(3)

Planned developments have the potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of this chapter. In addition to such potential, planned developments also have the potential to create undesirable impacts on nearby properties which potentially cannot be determined except with a binding site plan, landscape plan and architectural plan, and on a case by case basis. In order to prevent this from occurring, all planned developments are required to meet certain procedural requirements, in addition to the general requirements of this chapter. This process involves staff review and review for a special use per the requirements of § 150.904.

(B)

Provision of flexible development standards for planned developments.

(1)

Flexible development standards.

Within the PD district, the standards for all development and allowed uses shall be those of the underlying zoning district(s) except where new or alternative standards are approved by the city.

All aspects of development (including land use, density and intensity, bulk, landscaping, and parking and loading) must be depicted on the site plan required as part of a general development plan or specific implementation plan. All development aspects approved by the city as part of a general development plan or specific implementation plan shall be construed to be and enforced as part of this chapter.

The PD process (specified in §§ 150.907(E) through (H), below) can be conducted simultaneously at the request of the applicant.

(C)

Initiation of request for approval of a planned development. Proceedings for approval of a planned development shall be initiated by:

(1)

An application of the owner(s) of the subject property or his/their designee;

(2)

A recommendation of the planning and zoning commission; or

(3)

By action of the city council.

(D)

Application requirements. All applications for proposed planned developments, regardless of the initiating party per §§ 150.907(C) above, shall be filed with the zoning administrator, who shall determine if they are complete. The zoning administrator shall forward copies of complete applications to the appropriate staff. Said application shall apply to each of the process steps in §§ 150.907(E) through (H) below.

(E)

PD process step 1—Concept plan and pre-application conference.

(1)

The applicant shall provide the zoning administrator with a draft PD concept plan submittal packet for city staff review. A concept plan and pre-application conference is optional, but an encouraged first step prior to an application for a general development plan, particularly for larger and more complex PD projects. The concept plan submittal packet shall be provided in hard copy and electronic format acceptable to the city (Microsoft Word© or Adobe PDF©). The packet shall contain all of the following items:

A location map of the subject property and its vicinity at 11″ × 17″, as depicted on a copy of the city land use plan map;

A conceptual plan drawing (at 11″ × 17″) of the general land use layout and the general location of major public streets and/or private drives. The applicant may submit copies of a larger version of the "bubble plan" in addition to the 11″ × 17″ reduction.

A general written description of proposed PD including:

General project themes and images;

The general mix of dwelling unit types and/or land uses;

Approximate residential densities and non-residential intensities as described by dwelling units per acre, floor area ratio and impervious surface area ratio;

The underlying zoning district(s) for the PD;

The general treatment of natural features;

The general relationship to nearby properties and public streets;

The general relationship of the project to the comprehensive plan;

The standard zoning district(s) that form the baseline zoning for the PD.

An initial draft of density and intensity, bulk, landscaping, and parking and loading standards for the development that vary from those of the baseline standard zoning district(s).

(2)

City staff review. After receiving a complete draft PD concept plan submittal packet, the zoning administrator shall schedule a pre-application conference with the applicant and representatives from the city department of public works and fire department and others having an interest in the development proposal.

(3)

Pre-application conference. The applicant may engage in an informal discussion with city staff regarding the conceptual PD. Points of discussion and conclusions reached in this stage of the process shall be in no way be binding upon the city, but should be considered as the informal, nonbinding basis for proceeding to the next step.

(4)

Approval criteria. A concept plan shall demonstrate conformance with all of the following criteria:

The comprehensive plan, other adopted plans and policies, applicable guidelines and other overlay districts;

Adequate public services and facilities being provided to serve all development areas to be developed;

Adequate circulation and access being provided to serve all development areas;

Appropriate screening and buffering of adjacent property and uses being provided;

An appropriate range of intensity/density of uses for the entire property or for each development area;

An appropriate set of default or minimum standards for the entire property or development area;

An appropriate phasing plan or development schedule for the entire property or for each development area.

(5)

After the pre-application conference, the zoning administrator may provide the applicant with written review comments from city staff.

(F)

PD process step 2—General development plan (GDP).

(1)

The applicant shall provide the zoning administrator with a draft GDP plan submittal packet for city staff review. The GDP submittal packet shall be prepared in tandem with the rezoning process or at such other time as requested by the city (for example, prior to an annexation). This submittal packet shall contain all of the following items:

A location map of the subject property and its vicinity at 11″ × 17″, as depicted on a copy of the city land use plan map.

A general development plan drawing at a minimum scale of 1″ = 100′ (11″ × 17″ reduction shall also be provided by applicant) of the proposed project showing at least the following information in sufficient detail to make an evaluation against criteria for approval:

Location of recreational and open space areas and facilities and specifically describing those that are to be reserved or dedicated for public acquisition and use;

Statistical data on minimum lot sizes in the development, the approximate areas of large development lots and pads, density/intensity of various parts of the development, floor area ratio, impervious surface area ratio and landscape surface area ratio of various land uses, expected staging, and any other plans required by city staff; and

Notations relating the written information provided in §§ 150.907(F), below, to specific areas on the GDP drawing.

A general conceptual landscaping plan for subject property, noting approximate locations of foundation, street, yard and paving, landscaping, and the compliance of development with all landscaping requirements of this chapter (except as noted in the listing of exceptions) and the use of extra landscaping and bufferyards.

A general signage plan for the project, including all project identification signs and concepts for public fixtures and signs (such as street light fixtures and/or poles or street sign faces and/or poles) which are proposed to vary from city standards or common practices.

A general written description of proposed PD including:

General project themes and images;

The general mix of dwelling unit types and/or land uses;

Approximate residential densities and non-residential intensities as described by dwelling units per acre, floor area ratio and impervious surface area ratio

The underlying zoning district(s) for the PD;

The general treatment of natural features;

The general relationship to nearby properties and public streets;

The general relationship of the project to the comprehensive plan;

A statement of rationale as to why the PD is proposed. This shall identify barriers that the applicant perceives in the form of requirements of standard zoning districts and opportunities for community betterment the applicant suggests are available through the proposed PD.

A general list of density and intensity, bulk, landscaping, and parking and loading standards for the development for the proposed PD and the location(s) in which they apply.

10.

A written report that provides general information about the site conditions, development objectives, covenants, conservation easements, or agreements that will influence the use and maintenance of the proposed development may be required for larger or more complex projects.

11.

Written justification for the proposed planned development (the applicant is advised to use the requirements of the special use procedure to develop said written justification).

(2)

Review criteria. After receiving a complete GDP submittal packet, city staff shall review the proposal. A GDP shall demonstrate compliance with all of the following:

Provisions of § 150.907(E)(4), above;

The applicable plat criteria in the city's subdivision ordinance;

The special use review criteria outlined in the § 150.906(G);

(3)

Sunset clause. All portions of an approved PD/GDP not fully developed within five years of approval shall expire, and additional PD-based development shall require re-submittal of a GDP. The city council may extend this five years period by up to five additional years via a majority vote following a public hearing.

(G)

PD process step 3—Specific implementation plan (SIP).

(1)

After the effective date of the approved GDP, the applicant may file an application for a proposed specific implementation plan (SIP) with the city. This submittal packet shall contain all of the following items, prior to its acceptance by the zoning administrator and placement of the item on a planning and zoning commission agenda for PD review:

A location map of the subject property and its vicinity at 11″ × 17″, as depicted on a copy of the city land use plan map;

A map of the subject property showing all lands for which the planned development is proposed. Said map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided;

A specific implementation plan drawing at a minimum scale of 1″ = 100′ (11″ × 17″ reduction shall also be provided by applicant) of the proposed project showing at least the following information in sufficient detail to make an evaluation against criteria for approval:

A SIP site plan conforming to all the requirements of §§ 150.906(C).

Location of recreational and open space areas and facilities and specifically describing those that are to be reserved or dedicated for public acquisition and use;

Statistical data on minimum lot sizes in the development, the precise areas of all development lots and pads, density/intensity of various parts of the development, floor area ratio, impervious surface area ratio and landscape surface area ratio of various land uses, expected staging, and any other plans required by the planning and zoning commission or city council; and

Notations relating the written information provided in § 150.907(G), below, to specific areas on the GDP drawing.

A landscaping plan for subject property, specifying the location, species, and installed size of all trees and shrubs. This plan shall also include a chart that provides a cumulative total for each species, type and required location (foundation, yard, street, paved area or bufferyard) of all trees and shrubs.

A series of building elevations for the entire exterior of all buildings in the planned development, including detailed notes as to the materials and colors proposed.

A general signage plan for the project, including all project identification signs, concepts for public fixtures and signs (such as street light fixtures and/or poles or street sign faces and/or poles), and group development signage themes which are proposed to vary from city standards or common practices.

A written description of proposed SIP including:

Specific project themes and images;

The specific mix of dwelling unit types and/or land uses;

Specific residential densities and non-residential intensities as described by dwelling units per acre, floor area ratio and impervious surface area ratio;

The underlying zoning district(s) for the PD;

The specific treatment of natural features;

The specific relationship to nearby properties and public streets.

A brief statement of rationale as to why PD is proposed. This may identify barriers that the applicant perceives in the form of requirements of standard zoning districts and/or opportunities for community betterment the applicant suggests are available through the proposed PD.

A detailed list of density and intensity, bulk, landscaping, and parking and loading standards for the development for the proposed PD and the location(s) in which they apply.

An outline of the intended organizational structure for a property owners association, if any; deed restrictions and provisions for private provision of common services, if any.

10.

A description demonstrating the full consistency of the proposed SIP with the approved GDP.

11.

All variations between the requirements of the applicable PD-GDP zoning district and the proposed SIP development; and

12.

Proof of financing capability pertaining to construction and maintenance and operation of public works elements of the proposed development.

The area included in a SIP may be only a portion of the area included in a previously approved GDP.

The SIP submission may include site plan and design information, allowing the planning and zoning commission to combine design review and review of the SIP. Design review may, at the choice of the applicant, be deferred until a later time when specific site and building developments will be brought forth.

The applicant may not receive a building permit until the SIP is approved.

The planning and zoning commission or city council may specify other plans, documents or schedules that must be submitted prior to consideration or approval of the SIP, as such may be relevant to review.

Review process. The process for review and approval of the PD shall be identical to that for special use permits per § 150.904 of this chapter and (if land is to be divided) to that for preliminary and final plats of subdivision per the Municipal Code.

Sunset clause. All portions of an approved PD-SIP not fully developed within five years of final city council approval shall expire, and no additional PD-based development shall be permitted. The city council may extend this five years period by up to five additional years via a majority vote following a public hearing.

(H)

PD process step 4—Site plan review and approval procedures.

(1)

This submittal requirements and review process shall follow those outlined in the site plan review and approval procedures described in § 150.906, above.

(Ord. No. 801G, § 3, 3-6-06; Ord. No. 24H, § 17, 9-8-09)

Sec. 150.908. - Downtown design overlay zoning district.

(A)

Purpose and scope. This district is intended to implement the urban design recommendations of the comprehensive plan by preserving and enhancing the aesthetic qualities (historical and visual) of the community, and by attaining a consistent visually pleasing image for various portions of the city. As emphasized by said plan, this district is designed to forward both aesthetic and economic objectives of the city by controlling the site design and appearance of development within the district in a manner which is consistent with sound land use, urban design, and economic revitalization principles. The application of these standards will ensure the long-term progress and broad participation toward these principles.

(B)

Designation of downtown design overlay zoning district boundaries. All properties having frontage on either side of the street along North State Street between West Madison Avenue and the Kishwaukee River; South State Street between the Kishwaukee River and West Second Street; and Logan Avenue between South State Street and South Main Street are included in the downtown overlay district, excluding the property located at the southeast corner of South State Street and Logan Avenue commonly known as 600 South State Street (Lots 1 through 5, Block 2 and Lots 1, 2 and 10 and the east 33 feet of Lot 6, Block 6, Cohoon and Allens Addition); and excluding the property commonly known as 620-624 South State Street (the west 132 feet of Lot Six, Block Six of Cohoon and Allen Addition).

(C)

Powers and duties of the zoning administrator, and planning and zoning commission for all development. Proposed changes to the exterior appearance (no structural changes) of properties used exclusively for residential purposes are hereby excluded from the provisions of this section. All other development applications within the downtown design overlay zoning district are subject to one of the following three processes, as determined by the zoning administrator:

(1)

Applications which involve only a renovation of the exterior appearance of a property (such as repainting, re-roofing, residing or replacing with identical colors and materials approved by the city), or a change in the exterior appearance of a property in absolute clear and complete compliance with the provisions of § 150.106(C) (as determined by the zoning administrator), are subject to downtown renovation review by the zoning administrator. The zoning administrator shall determine whether the petition requires only certification of thorough compliance with the technical requirements set out in § 150.908(D)(1) below;

(2)

Applications which involve only a change in the appearance of a property (such as painting, roofing, siding, architectural component substitution, fencing, paving, or signage), are subject to downtown design review and approval by the zoning administrator.

(3)

Applications which involve modification to the physical configuration of a property (such as grading, the erection of a new building, the demolition of an existing building, or the addition or removal of bulk to an existing building) are subject to downtown project review by the zoning administrator, and the planning and zoning commission. The planning and zoning commission shall serve as the initial and final review and determining body subject to appeal under administrative review act, on aesthetics, and shall focus its review on whether the application complies with sound aesthetic, urban design, historic and architectural practices pursuant to the procedures outlined in § 150.908(D)(3), below. In part, this effort shall be guided by the comprehensive plan. The planning and zoning commission shall serve as the initial and final discretionary review body, subject to appeal under administrative review act on site design, and shall focus its review on the application's compliance with sound land use, site design and economic revitalization practices. In part, this effort shall be guided by the comprehensive plan.

(D)

Procedure for review and approval.

(1)

Downtown renovation review. Applications which involve only a renovation of the exterior appearance of a property (such as repainting, re-roofing, residing or replacing with identical colors and materials approved by the city, or a change in the exterior appearance of a property in absolute clear and complete compliance with the provisions of § 150.106(C)(as determined by the zoning administrator), are subject to downtown renovation review by the zoning administrator. The zoning administrator shall serve to determine whether the application simply requires certification of thorough compliance with the technical requirements below. (Refer to the procedure summary chart at the end of this section.)

Application requirements. All applications for renovation review shall be made to the zoning administrator, and, in addition, shall be accompanied by all of the following, in addition to the requirements for site plan (per § 150.906):

A clear depiction of the existing appearance of the property. Clear color photographs are recommended for this purpose. Scaled and dimensioned drawings of existing components such as windows, doors, railings, fencing or other site components, and/or detailed building elevations which are proposed for alteration or replacement may be required by the zoning administrator;

A clear depiction of the proposed appearance of the property. Paint charts, promotional brochures, and/or clear color photographs of replacement architectural components are recommended for this purpose. Scaled and dimensioned drawings of proposed components such as windows, doors, railings, fencing or other site components, and/or detailed building elevations which are proposed for renovation or replacement may be required by the zoning administrator;

A written description of the proposed renovation, including a complete listing of proposed components, materials, and colors.

Written justification for the proposed renovation consisting of the reasons why the applicant believes the requested alteration is in harmony with the recommendations of the comprehensive plan, particularly as evidenced by compliance with the standards set out is § 150.908(D)(1)A.2., above.

Review by the zoning administrator. The application for renovation review shall be reviewed and approved by the zoning administrator as follows:

After the filing of the application, the zoning administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the zoning administrator determines that the application is not complete and does not fulfill the requirements of the ordinance, he shall return the application to the applicant.

After the filing of a complete application, the zoning administrator shall review the application which: 1) shall evaluate its status as merely requiring downtown renovation review; and, 2) shall evaluate and comment on the written justification for the proposed alteration provided in the application per §§ 150.908(C)(1) above. The zoning administrator shall also evaluate the application based on the following question:

How is the proposed alteration in harmony with the recommendations of the comprehensive plan, particularly as evidenced by compliance with the standards of § 150.106(C)?

Action by the zoning administrator.

The zoning administrator may request further information and/or additional reports from the applicant.

The zoning administrator may approve the application as originally proposed, may approve the application with modifications, may deny the application, or (where the proposal requires discretionary aesthetic judgment) shall forward the application to the planning and zoning commission as an applicant for downtown design review or downtown project review.

The approval of the proposed renovation shall be considered as the approval of a unique request and shall not be construed as precedent for any other proposed alteration.

(2)

Downtown design review. Applications which involve only a change in the appearance of a property (such as painting, roofing, siding, architectural component substitution, fencing, paving, or signage), are subject to downtown design review by the zoning administrator. In part, this effort shall be guided by the comprehensive plan. The zoning administrator shall serve to determine whether the application simply requires certification of thorough compliance with the technical requirements below. Refer to the procedure summary chart at the end of this section.

Application requirements. All applications for downtown design review shall be made to the zoning administrator and shall be accompanied by the building permit application, and, in addition, shall be accompanied by all of the following:

A clear depiction of the proposed appearance of the property. Paint charts, promotional brochures, and/or clear color photographs of replacement architectural components are recommended for this purpose. Scaled and dimensioned drawings of proposed components such as windows, doors, railings, fencing or other site components, and/or detailed building elevations which are proposed for alteration or replacement may be required by the city;

A written description of the proposed modification, including a complete listing of proposed components, materials, and colors.

Written justification for the proposed alteration consisting of the reasons why the applicant believes the requested alteration is in harmony with the recommendations of the comprehensive plan, particularly as evidenced by compliance with the standards set out in § 150.908(D)(2), above, using the following question to develop said written justification:

How is the proposed alteration in harmony with the recommendations of the comprehensive plan, particularly as evidenced by compliance with § 150.106(C)?

Review by the zoning administrator. The application for renovation review shall be reviewed and approved by the zoning administrator as specified in § 150.908(D)(1)(B).

Action by the zoning administrator.

The zoning administrator may request further information and/or additional reports from the applicant.

The approval of the proposed renovation shall be considered as the approval of a unique request and shall not be construed as precedent for any other proposed alteration.

(3)

Downtown project review. Applications which involve modification to the physical configuration of a property (such as the erection of a new building, the demolition of an existing building, or the addition or removal of bulk to an existing building) are subject to downtown project review by the zoning administrator. The zoning administrator shall ensure that the technical and procedural requirements of the zoning ordinance are met. The zoning administrator shall review for aesthetics, and shall focus its review on the application's compliance with sound aesthetic, urban design, historic and architectural practices per the procedures outlined below. In part, this effort shall be guided by the comprehensive plan. The zoning administrator shall serve as the initial and final discretionary review body on site design, and shall focus its review on the application's compliance with sound land use, site design and economic revitalization practices. In part, this effort shall be guided by the comprehensive plan. (Refer to the procedure summary chart at the end of this section.)

Procedure. Applications for projects within the downtown overlay district shall be submitted to the zoning administrator for review.

Application requirements. All applications for project review shall be made to the zoning administrator and shall be accompanied by the building permit application, and, in addition, shall be accompanied by all of the following:

A clear depiction of the proposed appearance of the property. Paint charts, promotional brochures, and/or clear color photographs of replacement architectural components are recommended for this purpose. Scaled and dimensioned drawings of proposed components such as windows, doors, railings, fencing or other site components, and/or detailed building elevations which are proposed for alteration or replacement may be required by the city.

For all projects involving a new building, or an addition exceeding 100 square feet of gross floor area, a detailed site plan which provides the following information:

A title block indicating name and address of the current property owner, developer and project consultants;

The date of the original plan and the latest date of revision to the plan;

A north arrow and a graphic scale. Said scale shall not be smaller than one inch equals 100 feet;

All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled;

All existing and proposed easement lines and dimensions with a key provided and explained on the margins of the plan as to ownership and purpose;

All existing and proposed buildings, structures, and paved areas, including walks, drives, decks, patios, fences, utility poles, drainage facilities, and walls;

All required building setback lines;

A legal description of the subject property;

The location, type and size of all signage on the site

The location, type and orientation of all exterior lighting on the subject property;

The location of all access points, parking and loading areas on the subject property, including a summary of the number of parking stalls and labels indicating the dimension of such areas;

The location of all outdoor storage areas;

The location and type of any permanently protected natural resource areas;

The location of existing & proposed drainage facilities;

In the legend, the following data for the subject property:

Lot area;

Floor area;

Floor area ratio;

Impervious surface area;

Impervious surface ratio; and

Building height.

A detailed landscaping plan of the subject property, at the same scale as the main plan, showing the location, species and size of all proposed plant materials.

A written description of the proposed project, including a complete listing of proposed components, materials, and colors.

Written justification for the proposed project consisting of the reasons why the applicant believes the requested alteration is in harmony with the recommendations of the comprehensive plan, particularly as evidenced by compliance with the standards set out is § 150.908(D)(3), above, using the following question to develop said written justification:

How is the proposed project in harmony with the recommendations of the comprehensive plan, particularly as evidenced by compliance with the standards of § 150.106C)?

(E)

Additional recommendations permitted under the design review process.

(1)

The zoning administrator is hereby authorized to make recommendations for, or require modifications to, a proposed application for downtown renovation review; and to make recommendations for the modification of a proposed application for design review or project review.

(2)

The planning and zoning commission is hereby authorized to make recommendations for, or require modifications to, a proposed application for downtown project review.

(3)

The planning and zoning commission is hereby authorized to make recommendations for, or require modifications to, a proposed application for site design aspects for downtown project review.

(F)

Appeals. Decisions on the enforcement of this section may be appealed as set forth in § 150.912 of the city zoning ordinance.

(G)

Penalty. Penalty for violation of the provisions of this chapter shall be per the provisions of § 150.914.

Table 150.908. Process for Residential and Nonresidential Proposal Review

Procedure				Type of Proposal
Procedure				Renovation ¹	Design ²	Project ³
1.	Optional meeting with zoning administrator to discuss proposal			Optional	Optional	Optional, but recommended
2.	Submit zoning permit application to the zoning administrator, including:			Yes	Yes	Yes
	a.	Color photos/drawings of existing property, with close-ups of details		Yes	Yes	Yes
	b.	Drawings/depictions of proposed changes to the site & bldg. exterior		Yes	Yes	Yes
	c.	For new projects or additions ≥100 sf, provide site plan including:		No	No	Yes
		1)	Title block with name of current property owner and applicant;
		2)	Date of original plan graphic and date of most recent revision;
		3)	North arrow and graphic scale;
		4)	Property lines and right-of-way lines (with distances and bearings);
		5)	Easements;
		6)	Existing and proposed buildings, structures and paved areas;
		7)	Required building setback lines;
		8)	Legal description of the property;
		9)	Location, size, type and orientation of all exterior signage;
		10)	Location, type and orientation of all exterior lighting;
		11)	Location of all vehicle access drives, circulation areas, loading areas and parking stalls;
		12)	Location of all outdoor storage and display areas (including trash facilities);
		13)	Location and purpose of all drainage facilities;
		14)	Location of all permanent green space areas; and
		15)	Site summary data: Lot area, floor area, floor area ratio, impervious surface area, impervious surface ratio
	d.	Landscaping plan showing the location, size and type of plants		No	No	Yes
	e.	Written description of proposal, including exterior materials and colors		Yes	Yes	Yes
	f.	Written justification of proposal answering: How does the proposal comply with the design standards?		Yes	Yes	Yes
3.	Review and action by the zoning administrator/city staff			Yes	Yes	Yes
4.	Review and action by the planning and zoning commission on aesthetics			No	No	Yes
5.	Review and action by the planning and zoning commission on site design			No	No	Yes
6.	If proposal is approved:			Yes	Yes	Yes
	a.	Record documents with county recorder's office;
	b.	Work must start within 365 days and be complete within 730 days;
	c.	Conditions of approval run with the property. If the proposal is denied: It may not be resubmitted for 12 months.

KEY: Yes: Step is required. No: Step is not required.

¹ Only a renovation of the exterior appearance of a property.

² Only a change in the appearance of a property.

³ Modification to the physical configuration of a property.

(Ord. No. 801G, § 3, 3-6-06; Ord. No. 957G, § 1, 4-7-08; Ord. No. 303H, § 1, 8-1-16)

Sec. 150.909. - Variance review and approval procedures.

(A)

Purpose. The purpose of this section is to provide regulations which enable the city to hear and decide requests for permitted variation from the terms of this chapter as will not be contrary to the public interest; where owing to special factors, a literal enforcement of the provisions of this chapter would result in practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done.

(B)

Authorized variations. Variations are authorized for bulk regulations of structures, lots, setbacks, signage and fencing standards. A variation for the allowed principal land uses, allowable accessory uses, and/or permitted special uses shall not be permitted.

(C)

Initiation of request for approval of a variance. Proceedings for approval of a requested variance shall be initiated by an application of the owner(s) of the subject property, lease holders, or contract purchasers.

(D)

Application requirements. An application for a variance request shall be filed with the zoning administrator. No placement of the application on any agenda, as an item to be acted upon, shall occur unless the zoning administrator has certified that an application is complete. The applicant shall provide the zoning administrator with a complete application in both hard copy and an acceptable electronic format acceptable to the city (Microsoft Word© or Adobe PDF©. The zoning administrator may waive the requirement for the electronic copy. The number of copies is to be determined by the zoning administrator. Said complete application shall contain all of the following:

(1)

A map of the subject property showing all lands for which the variance is proposed. Said map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided;

(2)

A map, such as the land use plan map, of the generalized location of the subject property in relation to the city as a whole;

(3)

A written description of the proposed variance describing the type of specific requirements of the variance proposed for the subject property;

(4)

A site plan of the subject property as proposed for development. Said site plan shall conform to any and all the requirements of §§ 150.906(C); and

(5)

Written justification for the requested variance consisting of the reasons why the applicant believes the proposed variance is appropriate, particularly as evidenced by compliance with the standard set out in §§ 150.909(D)(2), below.

(E)

Review by the zoning administrator. The requested variance shall be reviewed by the zoning administrator as follows:

(1)

(2)

The zoning administrator shall review the application and evaluate and comment on the written justification for the proposed variance. The zoning administrator shall evaluate the application to determine whether the requested is in harmony with state statute and this code and the city's comprehensive plan. A variance from the terms of this chapter shall not be granted by the planning and zoning commission unless the variance will not be contrary to the public interest and where owing to conditions peculiar to the property, and not the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. A variation shall not be granted unless, after a public hearing, the commission finds facts sufficient to support each of the foregoing and following findings.

Special conditions and circumstances exist that are peculiar to the land, structure or building involved and are not applicable to other lands, structures or buildings in the same district.

A particular hardship or difficulty shall have arisen because of the unusual shape of the original acreage parcel; unusual topography or elevation; or because the lot was platted/created before the passage of the current, applicable zoning regulations, and is not economically suitable for a permitted use or will not accommodate a structure of reasonable design for a permitted use if all area, yard, green space, and setback requirements are observed;

The hardships or difficulties do not result from the actions of the applicant. Reductions resulting from the sale of portions of a property reducing the remainder of said property below buildable size or cutting-off existing access to a public right-of-way or deed restrictions imposed by the owner's predecessor in title are considered to be such self-imposed hardships;

Granting the variation requested will not confer on the applicant any special privilege that is denied by this subsection to the owners of other lands, structures or buildings in the same district.

The variation is the minimum variation that will make possible the reasonable use of land, structure or building.

The property cannot yield a reasonable return if permitted to be used only under the regulations allowed in the applicable zoning district.

The granting of the variation will be in harmony with the general purpose and intent of this chapter, will not be injurious to the neighborhood, will not impair the adequate supply of light and air to adjacent property, will not unreasonably increase the congestion in public streets, will not unreasonably diminish property values within the surrounding area, or otherwise be detrimental to the public interest.

(3)

Loss of profit or pecuniary hardship shall not, in and of itself, be grounds for a variance

(4)

Violations by, or variances granted to, neighboring properties shall not justify a variance;

(5)

The zoning administrator shall forward the report and recommendations to the planning and zoning commission for the commission's review and action.

(F)

Reserved.

(G)

Public hearing procedures. The planning and zoning commission shall conduct the meeting in accordance with § 150.910.

(H)

Review and determination by planning and zoning commission. After the holding of the public hearing, the planning and zoning commission shall make and adopt findings of fact and make its determination regarding the application as a whole. The planning and zoning commission may request further information and/or additional reports from the zoning administrator and/or the applicant. The planning and zoning commission may take final action on said request for approval of the requested variance at time of its initial meeting, or said proceedings may be continued from time-to-time for further consideration.

(I)

Effect of denial. No application for a variance which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the zoning administrator.

(J)

Limited effect of a variance. Where the planning and zoning commission has granted a variance, such approval shall neither change the use classification of the building or premises, nor give it any status as a nonconforming use other than that which it has as a result of the variance. Granting of a variance shall be considered as unique to the variance granted, and shall not be construed as precedent for any other proposed variance.

(K)

Fee. A fee is required for this procedure. Refer to § 150.913.

(Ord. No. 801G, § 3, 3-6-06; Ord. No. 24H, § 18, 9-8-09; Ord. No. 51H, § 4, 3-1-10; Ord. No. 240H, § 9, 12-1-14)

Sec. 150.910. - Public hearing procedures.

(A)

Scope. All public hearings, proceedings and applications before the planning and zoning commission (the commission) shall be conducted and processed in accordance with this section.

(B)

Chairman. The chair of the commission shall preside over the public hearing and may impose reasonable limitations on evidence or testimony, including but not limited to, reasonable time limits. The commission shall not be bound by strict rules of evidence. However, irrelevant, immaterial or unduly repetitious evidence shall not be admissible. The city may appoint a hearing officer to assist the chair or to rule on evidentiary matters.

(C)

Court reporter required. A certified court reporter shall record all public hearings before the commission. It is the responsibility of the applicant for the relief requested to provide the court reporter and the cost of the court reporter and all transcripts shall be borne by the applicant. The zoning administrator may, at his discretion, waive the requirement for a court reporter.

(D)

Public hearing notice.

(1)

Within a reasonable time following receipt of all papers and documents relating to an application for special use, variance, planned development or applicant for amendment of the regulations or zoning district boundaries established by this chapter there shall be published in a newspaper of general circulation in the City of Belvidere a notice of the time and place of a public hearing thereon. Notice shall be published not less than 15 days nor more than 30 days before the hearing date and, except in the case of a petition to only amend the text of this Code shall contain the common address, a brief legal description of the property for the variation, ruling or recommendation is sought, the property index number (PIN) and a brief description of the nature of the matter to be heard.

(2)

Except in the case of a text amendment, notice shall also be mailed to the individuals who last paid taxes on all property within 250 feet of the subject property of the petition (exclusive of rights-of-ways). Said notices shall be mailed, by certified mail (with return receipt) by the petitioner, not less than 15 days nor more than 30 days before the hearing date. All return receipts shall be submitted to the director of the planning department prior to the public hearing.

(3)

In addition to the other notices provided for herein, the petitioner shall post notice of said hearing by the erection of a sign to be provided by the city, on the subject property for a period of not less than 15 continuous days immediately preceding the date of the hearing and not more than 30 days before. The required sign shall be posted in a conspicuous place allowing unobstructed public viewing. A sign deposit fee may be required.

(E)

Interested party participation. Any interested party may participate in the public hearing. An interested party shall include, the applicant, the city, any citizen of the city or a person owning real property, or any other person living within 250 feet of the property which is the subject of the public hearing.

(1)

Any interested party may appear, present evidence and cross-examine witnesses at a public hearing.

(2)

The chair of the commission may establish reasonable rules for establishing those who wish to participate as interested parties, including, but not limited to, requiring registration prior to the start of the public hearing.

(F)

Proceedings.

(1)

Public hearings shall be conducted in a manner substantially consistent with a small claims trial pursuant to Illinois Supreme Court Rule 286(b).

(2)

At least 15 days prior to the public hearing, the applicant shall file a pre-hearing memo with the zoning administrator identifying all witnesses and evidence the applicant will introduce at the public hearing, including the subject matter of all testimony. The zoning administrator shall provide a copy of the pre-hearing memo to the city attorney and mayor. The city may use the pre-hearing memo to prepare for the public hearing. If the pre-hearing memo is not timely filed, the planning and zoning commission may continue the public hearing to a time after the pre-hearing memo is actually filed.

(3)

At the commencement of the public hearing, the chair or his or her designee shall read into the record, proof of lawful notice (e.g. the chair shall signify that any required publication was completed, along with the date of the publication, and a declaration that the chair is in possession of proof that all required certified mailings were indeed mailed).

(4)

All witnesses appearing at the public hearing and offering testimony, including but not limited to, city staff presenting evidence, shall be sworn under oath. An attorney, who merely questions witnesses, summarizes testimony and makes an argument to the planning and zoning commission based upon the evidence shall not be sworn. However, if the attorney provides testimony or evidence, the attorney shall be sworn under oath.

(5)

At the public hearing, the applicant may make an opening statement. The city may also make an opening statement at this time or reserve opening until its case in chief. Thereafter, the applicant shall present its witnesses and evidence.

All exhibits shall be appropriately marked for easy identification (e.g. applicant's exhibit 1). A reasonable foundation for each exhibit shall be provided before being admitted into evidence.

After each witness testifies, the city, the commission and any interested party may cross examine the witness on the subject matter of the testimony.

(6)

After the applicant completes the presentation of witnesses and evidence and rests, any interested party may make an opening statement and present evidence and witnesses. Each interested party shall identify his or herself and state their address. The applicant and the city may cross-examine any witness.

(7)

After all interested parties, who wish to present evidence, have rested, the city may, but is not obligated to, make an opening statement and present evidence and witnesses. The applicant and any interested party may cross-examine the city's witnesses. In the interest of brevity and clarity, the chair may provide that the city present its summary and evidence first, prior to the applicant.

(8)

The commission may question any witness on any matter pertaining to the public hearing. If the commission does question a witness, all parties may cross-examine the witness based upon the testimony elicited.

(9)

The chair shall grant any reasonable request or motion by the city or the commission for a continuance.

(10)

After the city has completed presenting its evidence, the applicant may present rebuttal evidence subject to cross-examination and a closing statement.

(11)

Thereafter, the chair shall close the public hearing. The commission shall not render any decision or recommendations until the public hearing is closed.

(12)

The chair may order reasonable deviations from these hearing procedures in order to promote efficiency, so long as the applicant or any interested party is not unduly prejudiced.

(G)

Decisions/recommendations.

(1)

In rendering a decision or recommendation, the commission shall only consider the evidence, testimony and argument presented as a part of the public hearing and accepted into evidence, as well as information generally known by the commission.

(2)

The decision and recommendations shall be based upon the specific factors and criteria set forth in the city's ordinances and/or relevant state statutes.

(3)

As a part of its decision/recommendation, the commission shall render a written decision and statement of facts addressing each of the factors and criteria required by statute or ordinance.

(4)

The commission may delay a decision or recommendation until a future meeting to allow the members to review and consider the evidence and transcript of the proceedings.

(H)

Transcript.

(1)

The court reporter shall, at the applicant's cost, transcribe the proceedings and forward one copy to the city and one copy to the applicant. The city and applicant may copy the transcripts as necessary. Other interested parties may order the transcript from the court reporter at their own expense.

(I)

Decision by corporate authorities.

(1)

For any decision or recommendation requiring action by the corporate authorities (including those only requiring action by the city council), the full record of the public hearing, the transcript, all evidence and the written decision/recommendation shall be forwarded to the council and mayor at least 14 days prior to the action by the corporate authorities (the 14-day limit may be waived by the corporate authorities).

(2)

In rendering a decision, the corporate authorities shall only consider the record of the public hearing and evidence admitted at that hearing, as well as information already in the possession of the council (i.e. matters of public record, etc.). The corporate authorities may allow the applicant, the city and interested parties to make a statement/argument prior to rendering a decision. However, such statement or argument shall be limited to arguing the facts in the record, and no new evidence shall be considered.

(3)

The corporate authorities may, by a majority vote, refer the matter back to the commission for further consideration and the taking of further evidence at another public hearing.

Any additional public hearing shall be noticed and published, at the applicant's cost, as the initial public hearing.

(J)

Retention of records. Upon a final decision by the corporate authorities or the commission, the evidence, transcript and findings of fact shall be retained by the city clerk for three years.

(Ord. of 3-6-06; Ord. No. 880G, § 1, 1-2-07; Ord. No. 957G, § 1, 4-7-08; Ord. No. 51H, § 5, 3-1-10; Ord. No. 240H, § 10, 12-1-14)

Sec. 150.911. - Administration and enforcement.

The appointed office of zoning administrator and zoning enforcement officer are hereby created. The two officers shall be appointed by the mayor, with the consent of the city council. The officers shall have the responsibility of administering and enforcing the provisions of this chapter.

(A)

Zoning administrator.

(1)

Establishment. There is hereby established the office of zoning administrator. The zoning administrator shall be the executive head of this office. For the purpose of this chapter, the director of planning, hereinafter referred to as city planner, shall serve in this capacity. Other employees of the office of the zoning administrator shall be hired by the zoning administrator with the approval of the city council.

(2)

Duties. The zoning administrator shall enforce the provisions of this chapter; and in addition thereto and in furtherance of his authority, the administrator shall:

Receive, file and forward to the planning and zoning commission all applications for appeals, variations or for other matters on which the planning and zoning commission is required to pass under this chapter.

Receive, file and forward to the planning and zoning commission all applications for the amendments, planned developments, special uses, or for other matters that under this chapter require referral to the planning and zoning commission.

Maintain permanent and current records of the zoning ordinance, including but not limited to maps, amendments, the rules of practice and procedure of the planning and zoning commission, variations, appeals, and applications therefore, and records of hearings thereon, including the recording of district amendments and special uses on the official zoning map.

Maintain all zoning records that are a part of the administration of this chapter.

Decide or make recommendations on all other matters under this chapter upon which the zoning administrator is required to act.

Receive all notices of petitions for appeals, variations, amendments and special use permits that have been referred to the planning and zoning commission or other appropriate reviewing body.

Initiate, direct and review from time to time a study of the provisions of this chapter, and make reports of his recommendations to the city planning and zoning commission and the city council not less frequently than annually.

Assist the office of the city attorney in the development of proposed amendments to the provisions of this chapter as may be necessary from time to time.

Publish periodically this chapter or changes thereto, including the official zoning map.

Provide and maintain public information service relative to matters arising out of this chapter.

Give assistance to the zoning enforcement officer.

(B)

Zoning enforcement officer.

(1)

Establishment. There is hereby established the office of zoning enforcement officer for the purpose of enforcing this chapter.

(2)

Duties. The zoning enforcement officer shall enforce this chapter; and in addition thereto and in furtherance of his authority, he shall:

Examine and approve an application pertaining to the use of land or structures when the application conforms to the provisions of this chapter.

Issue zoning certificates, and make and maintain records thereof.

Provide inspection of structures and uses of land to determine compliance with the terms of this chapter and, where there are violations, initiate action to secure compliance.

Establish a systematic area-by-area enforcement procedure and maintain records of all the permits entered.

Order discontinuance of illegal uses of land, buildings or structures.

Order removal of illegal buildings or structures or illegal additions or structural alterations.

Take any other action authorized by this chapter to ensure compliance with or to prevent a violation or violations of this chapter. This may include the issuance of and action on zoning and occupancy permit permits and such similar administrative duties as permissible under law.

Call on the city attorney to institute necessary legal proceedings to enforce the provisions of this chapter, and the city attorney is authorized to institute appropriate actions to that end. The zoning enforcement officer may call on the police department to assist in the enforcement of this chapter.

Give assistance to the zoning administrator.

(3)

Notification of violation. Upon finding that any of the provisions of this chapter are being violated, the zoning enforcement officer shall notify in writing the person responsible for such a violation or violations and order the action necessary to correct such a violation or violations.

(Ord. No. 801G, § 3, 3-6-06)

Sec. 150.912. - Appeals.

(A)

Appeals. Appeals to the planning and zoning commission may be taken by a person aggrieved by a zoning decision or by any officer, department, board or bureau of the city affected by a zoning decision of the administrative officers. Such appeal shall be taken within 30 days of a final decision of the zoning administrator and/or the zoning enforcement officer, as provided by the rules of the planning and zoning commission, by filing with the officer(s) from whom the appeal is taken and with the planning and zoning commission a notice of appeal specifying the grounds thereof, together with payment of a filing fee as may be established by the city council. The officer(s) from whom the appeal is taken shall forthwith transmit to the planning and zoning commission all papers constituting the record of appeals upon which the action appealed from was taken. The planning and zoning commission shall fix a reasonable time for the hearing of appeals and give public notice thereof as well as due notice to the parties in interest, and shall decide to same within a reasonable time.

(B)

Notice of hearing. The planning and zoning commission shall fix a reasonable time and place for the hearing on appeal which shall be held at a regularly scheduled meeting.

(C)

Hearings. Hearings on appeals shall be public and shall be conducted according to the rules of procedure adopted by the commission. At the hearing, the appellant or applicant may appear in person, by agent or by attorney. Decisions of the commission following public hearing may be made either in public or closed session as the commission shall determine.

(D)

Findings. Findings of fact and reasons for all actions taken shall be recorded as a separate written document which the commission must make a formal motion to approve.

(E)

Decision. The planning and zoning commission shall decide all appeals and applications within 30 days after the public hearing and shall transmit a signed copy of the commission's decision to the appellant or applicant, zoning administrator and city clerk.

(1)

Decisions of the commission regarding appeals shall expire within six months unless substantial work has commenced pursuant to such grant.

(2)

Applicants receiving variances in floodlands shall be notified, in writing, by the planning and zoning commission that increased flood insurance premiums and risk to life or property may result from the granting of the variance. The commission shall keep a record of the notification in its files.

(F)

Review by court of record. Final administrative decisions of the planning and zoning commission are subject to judicial review in accordance with 65 ILCS 5/11-13-13.

(Ord. No. 801G, § 3, 3-6-06)

Sec. 150.913. - Fees.

(A)

Fees for procedures requested by a private party. The fees for the procedures and permits established by this chapter shall be established by resolution or ordinance of the city council of the city. Applicable fees existing prior to the date of this chapter shall remain applicable until altered or repealed.

(B)

Fees for procedures requested by the city. There shall be no fee in the case of applications filed by or at the direction of the city council or the planning and zoning commission, other agency, or official of the city.

(C)

Payment of fees. Fees shall be payable at the time applications are filed with the appropriate officer of the city (per the requirements of this chapter), and are not refundable.

(D)

Reimbursable costs. The city planner, city engineer and city attorney, and other city staff, may expend time in the investigation and processing of special use applications, site plan review and supplemental regulation), and zoning ordinance amendments. In addition to city staff involvement, the city may retain the services of professional consultants including, but not limited to engineers, landscape architects, architects, attorneys, environmental specialists, and recreation specialists in the administration, investigation and processing of such matters. Any person, firm or corporation requesting action by the city on special use permits, permits pursuant to the supplemental regulations and zoning ordinance amendments shall reimburse the city for staff time expended in the administration, investigation and processing of applications for such permits or amendments and the cost to the city charged by any professional consultant retained by the city on any such matter. Notice shall be sent to the property owner or representative of the property owner informing them of the city policy on reimbursement costs.

(E)

Fees for public hearing notification. Applicants for all zoning matters (special uses, variations, map amendments, etc.) shall pay all expenses incurred for notification of all public hearings and other notices; including, but not limited to, publication, first class mail, certified mail, etc.

(Ord. of 3-6-06; Ord. No. 848G, § 1, 9-5-06)

Sec. 150.914. - Violations and penalties.

(A)

Violation of this chapter. It shall be unlawful to construct or use any land, engage in any development activity (including disruption of protected vegetation), or construct or use any structure, land or water in violation of any of the provisions of this chapter, or otherwise neglect, refuse or fail to comply with this chapter's requirements. Any person who violates or fails to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalties set forth in § 150.914(B), below, and in addition, shall pay all costs and expenses, including actual reasonable attorney and other fees involved in the case. Each day a violation exists or continues shall constitute a separate offense.

(B)

Penalties. Any person, firm, or corporation who fails to comply with the provisions of this Code shall pay a fine of not less than $100.00 nor more than $750.00 for each offense plus costs of prosecution, including but not limited to, attorney's fees. A failure to pay fines and costs as ordered by a court of competent jurisdiction is subject to a finding of contempt. Each day a violation exists or continues shall constitute a separate offense.

(C)

Belvidere promulgated correction of violation. In addition to any other penalty imposed by this subchapter for a violation of the provisions of this chapter, the city reserves and maintains the continued right to abate violations of this chapter.

(1)

Hazardous condition caused by violation of this chapter. If the zoning enforcement officer determines that a violation of this chapter exists, and further determines that the nature of such violation poses a great and immediate danger to the public health, safety, peace, morals or decency, the zoning enforcement officer shall cause the violation to be abated. Costs associated with said abatement shall be charged to the owner of the property on which said violation has occurred per § 150.914(C)(3), below, and shall be a lien upon the property. The zoning enforcement officer is hereby authorized to abate a violation of this chapter.

(2)

Non-hazardous condition caused by violation of this chapter. If the zoning enforcement officer determines that a violation of this chapter exists, and further determines that the nature of such violation is not such as to pose great and immediate danger to the public health, safety, peace, morals or decency, the zoning enforcement officer shall serve written notice by registered mail on the current owner of the property (as indicated by current city tax records)or occupant of the property on which said violation is occurring to remove said violation within ten working days. If such violation is not removed within such ten working days, the zoning enforcement officer shall cause the violation to be abated per § 150.914(C)(1), above. Costs associated with said abatement shall be charged to the owner of the property on which said violation has occurred per § 150.914(C)(3), below.

(3)

Cost of abatement. In addition to any other penalty imposed by this Subchapter for a violation of the provisions of this chapter, the cost of abating a violation of this chapter per § 150.914(C)(1) and/or (2), above, shall be collected as a debt from the owner of the property on which said violation has occurred. An account of the expenses incurred by the city to abate the violation shall be kept and such expenses shall be charged to and paid by the property owner. Notice of the bill for abatement of the violation shall be mailed to the last known address of said property owner by registered mail, and shall be payable within 30 calendar days from the receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the city clerk shall enter such charges onto the tax roll as a special tax.