(1)   Make final decisions on applications for special use permits § 1252.03(C) (Special Use Permit).

      (2)   Make final decisions on applications for zoning variations § 1252.03(D) (Variation).

      (3)   Make final decisions on applications for zoning text and map amendments § 1252.03(E) (Zoning Text and Map Amendment).

      (4)   Make final decisions on applications for planned developments § 1252.04 (Planned Developments).

      (5)   Other responsibilities as designated by this Zoning Code.

      (1)   Make final decisions on applications for zoning appeals (refer to § 1252.03(F) (Zoning Appeal)).

      (2)   Make recommendations to the City Council on applications for special use permits (refer to § 1252.03(C) (Special Use Permit)).

      (3)   Make recommendations to the City Council on applications for zoning variations (refer to § 1252.03(D) (Variation)).

      (4)   Make recommendations to the City Council on applications for zoning text and map amendments refer to (§ 1252.03(E) (Zoning Text and Map Amendment)).

      (5)   Make recommendations to the City Council on applications for planned developments (refer to § 1252.04 (Planned Development)).

      (6)   Prepare and recommend to the City Council a comprehensive plan for the city and propose needed amendments to the plan from time to time.

      (7)   Other responsibilities as designated by this Zoning Code or by the City Council.

      (1)   Review and make final decisions on applications for site plan review (refer to § 1252.03(B) (Site Plan Review)).

      (2)   Review and make decisions on applications for zoning interpretations (refer to § 1252.03(G) (Zoning Interpretation)).

      (3)   Review and make decisions on applications for temporary use permits (refer to § 1252.03(H) (Temporary Use Permit)).

      (4)   Review and forward applications for special use permits (refer to § 1252.03(C) (Special Use Permit)), zoning variations (refer to § 1252.03(D) (Variation)), zoning text and map amendments (refer to § 1252.03(E) (Zoning Text and Map Amendment)), zoning appeals (refer to § 1252.03(F) (Zoning Appeal)), planned developments (refer to § 1252.04 (Planned Developments)), and other administrative reviews required by this Zoning Code to the Zoning, Planning, and Development Commission or City Council, as specified.

      (5)   Maintain and make available permanent and current records of the City's Zoning Code and zoning map.

      (6)   Maintain and make available permanent and current records as required by this Zoning Code including, but not limited to, all relevant information and official action regarding zoning applications.

      (7)   Other responsibilities as designated by this Zoning Code, the City Council, or the Zoning, Planning, and Development Commission.

(Ord. 17-31, passed 9-12-2017; Ord. 23-25, passed 11-28-2023)

(Ord. 17-31, passed 9-12-2017; Ord. 18-25, passed 10-10-2018; Ord. 23-25, passed 11-28-2023)

         (a)   All development and redevelopment, with the exception of single-family and two-family developments.

         (b)   Additions to existing structures that result in an increase in gross floor area, capacity, or number of dwelling units by 15% or more, with the exception of single-family and two-family developments.

         (c)   Construction of a new parking lot or expansion of an existing parking lot that results in a total of 15 spaces or more.

         (a)   Applications for site plan review shall be filed with the Zoning Administrator in accordance with § 1252.02(B) (Application Procedure).

         (b)   Upon determining that the application is complete, the Zoning Administrator shall evaluate the application based upon each of the standards of division (B)(4) of this section.

         (c)   The Zoning Administrator shall prepare a report and render a decision within 45 days after receipt of a complete application and take action in the form of approval, approval with conditions, or denial of the application. The 45-day period may be extended with the written consent of the applicant.

         (d)   If the Zoning Administrator denies an application for site plan review, the applicant may appeal the Zoning Administrator's decision to the Zoning, Planning, and Development Commission in accordance with division (F) of this section.

         (a)   The site plan for the proposed development is consistent with the existing character and zoning of adjacent properties and other property within the immediate vicinity of the proposed development.

         (b)   The site plan for the proposed development will not adversely impact adjacent properties and other property within the immediate vicinity of the proposed development.

         (c)   The site plan for the proposed development will be provided with adequate utilities, access roads, circulation systems, parking, drainage, exterior lighting, and/or other necessary facilities.

         (d)   The site plan for the proposed development is designed to preserve the environmental resources of the zoning lot.

         (e)   The site plan for the proposed development is consistent with the intent of the Comprehensive Plan, this Zoning Code, and the other land use policies of the city.

         (a)   An application to amend an approved site plan shall include a written description and explanation of the requested amendment and shall be filed with the Zoning Administrator in accordance with § 1252.02(B) (Application Procedure).

         (b)   Upon determining that the application is complete, the Zoning Administrator shall evaluate the application to establish whether the amendment is a minor modification to the approved site plan or a major modification to the approved site plan.

         (c)   If the Zoning Administrator determines that the amendment is a major modification, the applicant must submit a new application for site plan review in accordance with division (B)(3) of this section.

         (d)   If the Zoning Administrator determines that the amendment is a minor modification consistent with the scope and intent of the approved site plan, the applicant shall revise the site plan prior to completing an application for a building permit in accordance with Chapter 1443 (Permits and Certificates of Occupancy).

         (e)   The determination of the Zoning Administrator may be appealed to the Zoning, Planning, and Development Commission in accordance with division (F) of this section.

         (a)   A building permit has not been obtained for the use within one year after approval of the site plan. The applicant may request one extension of this period, which may be approved by the Zoning Administrator, by means of a written request filed at least 30 days prior to the expiration of the one-year period.

         (b)   The standards of this Zoning Code or any of the terms and conditions of the site plan approval are violated.

         (a)   Action by the Zoning Administrator.

            1.   An application for a special use permit shall be filed with the Zoning Administrator in accordance with § 1252.02(B) (Application Procedure).

            2.   Upon determining that the application is complete, the Zoning Administrator shall prepare a report for the Zoning, Planning, and Development Commission based upon the standards of division (C)(4) of this section, and schedule the application for consideration by the Zoning, Planning, and Development Commission.

         (b)   Action by the Zoning, Planning, and Development Commission.

            1.   The Zoning, Planning, and Development Commission shall conduct a public hearing on the application at a regularly scheduled meeting in accordance with § 1252.02(D) (Public Hearing) within 60 days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant.

            2.   The Zoning, Planning, and Development Commission shall evaluate the application based upon the Zoning Administrator's report, the evidence presented at the public hearing, and each of the standards of division (C)(4) of this section.

            3.   The Zoning, Planning, and Development Commission shall recommend approval, approval with conditions, or denial of the application. In recommending approval, the Zoning, Planning, and Development Commission may:

               a.   Recommend conditions upon the establishment, location, construction, maintenance, and operation of the special use as deemed necessary to protect the public interest.

               b.   Require guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.

            4.   The Zoning, Planning, and Development Commission shall forward its recommendation and the minutes of its public hearing to the City Council within 60 days after the close of the public hearing.

         (c)   Action by the City Council.

            1.   The City Council shall consider the application at a regularly scheduled meeting within 60 days after receiving the recommendation of the Zoning, Planning, and Development Commission. The 60-day period may be extended with the written consent of the applicant.

            2.   The City Council shall evaluate the application based upon the Zoning Administrator's report, the recommendation of the Zoning, Planning, and Development Commission, the evidence presented at the public hearing, and each of the standards of division (C)(4) of this section.

            3.   The City Council shall take action in the form of approval, approval with conditions, denial, or referral of the application back to the Zoning, Planning, and Development Commission for further consideration. In approving a special use permit, the City Council may:

               a.   Recommend conditions upon the establishment, location, construction, maintenance, and operation of the special use as deemed necessary to protect the public interest.

               b.   Require guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.

         (a)   The proposed special use will not endanger the health, safety, comfort, convenience and general welfare of the public.

         (b)   The proposed special use is compatible with the character of adjacent properties and other property within the immediate vicinity of the proposed special use.

         (c)   The proposed special use will not impede the normal and orderly development and improvement of adjacent properties and other property within the immediate vicinity of the proposed special use.

         (d)   The proposed special use will be provided with adequate utilities, access roads, drainage, and/or other necessary facilities.

         (e)   The proposed special use is consistent with the intent of the Comprehensive Plan, this Zoning Code, and the other land use policies of the city.

         (a)   The use has not commenced or a building permit has not been obtained for the use within one year after approval of the special use permit. The applicant may request one extension of this period, which may be approved by the Zoning Administrator, by means of a written request filed at least 30 days prior to the expiration of the initial one-year period.

         (b)   The licenses or permits required for the operation or maintenance of the use are not obtained or are subsequently terminated.

         (c)   The standards of this Zoning Code or any of the terms and conditions of the special use permit are violated.

         (d)   The operation of the use for which a special use permit has been issued ceases for a minimum continuous period of six months.

         (a)   Action by the Zoning Administrator.

            1.   An application for a variation shall be filed with the Zoning Administrator in accordance with § 1252.02(B) (Application Procedure).

            2.   Upon determining that the application is complete, the Zoning Administrator shall prepare a report for the Zoning, Planning, and Development Commission based upon each of the standards of division (D)(5) of this section, and schedule the application for consideration by the Zoning, Planning and Development Commission.

         (b)   Action by the Zoning, Planning, and Development Commission.

            1.   The Zoning, Planning, and Development Commission shall conduct a public hearing on the application at a regularly scheduled meeting in accordance with § 1252.02(D) (Public Hearing) within 60 days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant.

            2.   The Zoning, Planning, and Development Commission shall evaluate the application based upon the Zoning Administrator's report, the evidence presented at the public hearing, and each of the standards of division (D)(5) of this section.

            3.   The Zoning, Planning, and Development Commission shall recommend approval, approval with conditions, or denial of the application. In recommending approval, the Zoning, Planning, and Development Commission may:

               a.   Recommend conditions upon the establishment, location, construction, maintenance, and operation of the property that receives a major variation as deemed necessary to protect the public interest.

               b.   Recommend approval of a variation from the regulations of this Zoning Code less than the variation requested by the applicant if the Zoning, Planning, and Development Commission finds that the applicant is entitled to some relief, but not to the entire relief requested, based upon each of the standards of division (D)(5) of this section.

               c.   Require guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.

               d.   The Zoning, Planning, and Development Commission shall forward its recommendation and the minutes of its public hearing to the City Council within 60 days after the close of the public hearing.

         (c)   Action by the City Council.

            1.   The City Council shall consider the application at a regularly scheduled meeting within 60 days after receiving the recommendation of the Zoning, Planning, and Development Commission. The 60-day period may be extended with the written consent of the applicant.

            2.   The City Council shall evaluate the application based upon the Zoning Administrator's report, the recommendation of the Zoning, Planning, and Development Commission, the evidence presented at the public hearing, and each of the standards of division (D)(5) of this section.

            3.   The City Council shall take action in the form of approval, approval with conditions, denial, or referral of the application back to the Zoning, Planning, and Development Commission for further consideration. In approving a variation, the City Council may:

               a.   Recommend conditions upon the establishment, location, construction, maintenance, and operation of the property that receives a variation as deemed necessary to protect the public interest.

               b.   Grant a variation from the regulations of this Zoning Code less than the variation requested by the applicant, if the City Council finds that the applicant is entitled to some relief, but not to the entire relief requested , based upon each of the standards of division (D)(5) of this section.

               c.   Require guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.

      (4)   A two-thirds favorable vote of the City Council is required to approve the application if the Zoning, Planning, and Development Commission recommends denial of the application.

         (a)   The proposed variation will not endanger the health, safety, comfort, convenience, and general welfare of the public.

         (b)   The proposed variation is compatible with the character of adjacent properties and other property within the immediate vicinity of the proposed variation.

         (c)   The proposed variation will not substantially diminish the value of adjacent properties and other property within the immediate vicinity of the proposed variation.

         (d)   The proposed variation alleviates a particular hardship created by the literal enforcement of this Zoning Code that would prevent the applicant from yielding a reasonable return from the subject property.

         (e)   The proposed variation is necessary due to the unique attributes of the subject property, which were not deliberately created by the applicant, and are not shared by adjacent properties and other properties within the immediate vicinity of the proposed variation.

         (f)   The proposed variation is necessary to permit a reasonable use of land, but does not confer a special privilege on the applicant which is denied to the owners of adjacent properties and other properties within the immediate vicinity of the proposed variation.

         (g)   The proposed variation represents the minimum deviation from established standards necessary to accomplish the desired improvement of the subject property.

         (h)   The proposed variation is consistent with the intent of the Comprehensive Plan, this Zoning Code, and the other land use policies of the city.

         (a)   A building permit has not been obtained for the use within six months after approval of the variation. The applicant may request one extension of this period, which may be approved by the Zoning Administrator, by means of a written request filed at least 30 days prior to the expiration of the initial six-month period.

         (b)   The standards of this Zoning Code or any of the terms and conditions of the variation for the use are violated.

         (a)   Action by the Zoning Administrator.

            1.   An application for a zoning text or map amendment shall be filed with the Zoning Administrator in accordance with § 1252.02(B) (Application Procedure).

            2.   Upon determining that the application is complete, the Zoning Administrator shall prepare a report for the City Council based upon a balance of the standards of division (E)(3) of this section and schedule the application for consideration by the City Council.

         (b)   Public hearing by the City Council on map amendments. The City Council shall conduct a public hearing on a proposed zoning map amendment at a regularly scheduled meeting in accordance with § 1252.02(D) (Public Hearing) within 60 days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant.

         (c)   Action by the City Council.

            1.   The City Council shall consider the application at a regularly scheduled meeting within 60 days after the public hearing, in the case of a map amendment, or within 60 days of receiving the report of the Zoning Administrator, in the case of text amendments. Map amendments, in the discretion of the City Council, may be considered immediately upon conclusion of a public hearing. The 60-day period may be extended with the written consent of the applicant.

            2.   The City Council shall evaluate the application based upon the Zoning Administrator's report, the evidence presented at the public hearing in the case of map amendments, and the standards of division (E)(3) of this section.

            3.   For zoning text amendments, the City Council shall take action in the form of approval, approval with conditions, or denial.

            4.   For zoning map amendments, the City Council may take action in the form of approval, approval with conditions, or denial.

            5.   A two-thirds favorable vote of the City Council is required if a written protest is filed with the City Clerk against the proposed zoning text or map amendment, signed by the owners of no less than 20% of the frontage along, immediately adjacent to, immediately across an alley from, or directly across the street from the subject property. A copy of any such protest shall be served by the protestor on the applicant for the proposed amendments and the applicant’s attorney, if applicable, by certified mail at the address shown in the application for the proposed amendment.

         (a)   The proposed amendment will not endanger the health, safety, comfort, convenience, and general welfare of the public.

         (b)   The proposed amendment is compatible with the existing uses, character, and zoning of adjacent properties and other property within the immediate vicinity of the proposed amendment.

         (c)   The proposed amendment provides a relative gain to the public, as compared to any hardship imposed upon an individual property owner.

         (d)   The proposed amendment makes it more feasible to develop property relative to the present zoning classification of the property.

         (e)   The proposed amendment facilitates the development of property, including vacant property, in contrast to the development of other property in the vicinity.

         (f)   The proposed amendment addresses the community need for a specific use.

         (g)   The proposed amendment corrects an error, adds clarification, or reflects a change in policy.

         (h)   The proposed amendment rectifies existing nonconformities and, if so, the extent of such nonconformities.

         (i)   The proposed amendment is consistent with the intent of the Comprehensive Plan, this Zoning Code, and the other land use policies of the city.

         (a)   Action by the Zoning Administrator.

            1.   An application for a zoning appeal shall be filed with the Zoning Administrator in accordance with § 1252.02(B) (Application Procedure).

            2.   Upon determining that the application is complete, the Zoning Administrator shall prepare a report for the Zoning, Planning, and Development Commission and schedule the application for consideration by the Zoning, Planning, and Development Commission.

         (b)   Action by the Zoning, Planning, and Development Commission.

            1.   The Zoning, Planning, and Development Commission shall conduct a public hearing on a proposed zoning appeal at a regularly scheduled meeting in accordance with § 1252.02(D) (Public Hearing) within 60 days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant.

            2.   The Zoning, Planning, and Development Commission shall take action in the form of reversing, affirming, or modifying the decision made by the Zoning Administrator.

         (a)   An application for a zoning interpretation shall be filed with the Zoning Administrator in accordance with § 1252.02(B) (Application Procedure).

         (b)   Upon determining that the application is complete, the Zoning Administrator shall render an interpretation within 15 days after receipt of the complete application.

         (c)   The determination of the Zoning Administrator may be appealed to the Zoning, Planning, and Development Commission in accordance with division (F) of this section.

         (a)   An application for a temporary use permit shall be filed with the Zoning Administrator in accordance with § 1252.02(B) (Application Procedure).

         (b)   Upon determining that the application is complete, the Zoning Administrator shall approve, approve with conditions, or deny the temporary use permit based on the standards of § 1244.05 (Temporary Structures and Uses). Temporary uses not established in § 1244.05 (Temporary Structures and Uses) shall require approval by the City Council.

         (a)   The use has not commenced or a building permit has not been obtained for the use within six months after approval of the temporary use permit. The applicant may request one extension of this period, which may be approved by the Zoning Administrator, by means of a written request filed at least 30 days prior to the initial expiration of the six-month period.

         (b)   The licenses or permits required for the operation or maintenance of the use are not obtained or are subsequently terminated.

         (c)   The standards of this Zoning Code or any of the terms and conditions of the temporary use permit are violated.

(Ord. 17-31, passed 9-12-2017; Ord. 18-25, passed 10-10-2018; Ord. 23-25, passed 11-28-2023)

      (1)   Encourage creativity, flexibility, and environmental sensitivity in the development of land and the design of structures.

      (2)   Provide for the efficient use of land to facilitate a more effective arrangement of land uses, structures, utilities, circulation systems, parking, and other facilities.

      (3)   Facilitate development that is consistent with city land use policies, particularly in areas designated for potential redevelopment.

      (4)   Encourage development that preserves and enhances the natural features, environmental resources, watercourses, and topography of the site.

      (5)   Facilitate the provision of public and private open space, recreational facilities, and other amenities that will enhance the character of the site.

   (B)   Applicability.

      (1)   Special use permit standards. A planned development shall be granted in accordance with the procedures, standards, and requirements of this section and § 1252.03(C) (Special Use Permit). The ordinance granting or amending the planned development as a special use may depart from the procedures, standards, and requirements of this Zoning Code.

      (2)   Zoning district standards. A planned development may be granted as a special use in accordance with Chapter 1244 (Uses). The requirements of the underlying zoning district shall apply to the planned development unless exceptions from these requirements are specifically granted in the ordinance approving the planned development.

      (3)   Subdivision plats and building permits. A planned development must be granted prior to the applicant receiving a subdivision plat in accordance with Chapter 1220 (Subdivision Regulations) or a building permit in accordance with Chapter 1443 (Permits and Certificates of Occupancy).

   (C)   Procedure. An application for a planned development shall follow a four-step procedure, which includes a required pre-application consultation, an optional concept plan consultation, a required preliminary plan, and a required final plan.

      (1)   Pre-application consultation. The purpose of the required pre-application consultation is to allow the applicant to receive advice and assistance from the Zoning Administrator and appropriate city staff prior to preparation of the optional concept plan or required preliminary plan. Action by the Zoning Administrator shall have the following process:

         (a)   Prior to filing a formal application for a planned development, the applicant shall arrange a pre-application consultation with the Zoning Administrator to discuss the proposed planned development.

         (b)   The Zoning Administrator and appropriate city staff shall meet with the applicant to discuss the proposed planned development in accordance with division (D) of this section.

         (c)   The Zoning Administrator shall provide advice and assistance to the applicant after determining the nature of the exceptions required from this Zoning Code and whether the proposal is consistent with the intent of the Comprehensive Plan and the other land use policies of the city.

         (d)   Any advice and assistance provided by the Zoning Administrator and city staff shall not be binding upon the City Council or Zoning, Planning, and Development Commission with respect to the formal planned development application.

      (2)   Optional concept plan consultation. The purpose of the optional concept plan consultation is to allow the applicant to obtain information and guidance from the City Council prior to preparation of the required preliminary plan. Action by the City Council shall have the following process:

         (a)   Prior to filing a formal application for a planned development, the applicant may arrange a concept plan consultation with the City Council to discuss the proposed planned development.

         (b)   The City Council shall meet with the applicant to discuss the proposed planned development in accordance with division (D) of this section.

         (c)   The City Council shall provide information and guidance to the applicant after determining the nature of the exceptions required from this Zoning Code and whether the proposal is consistent with the intent of the Comprehensive Plan and the other land use policies of the city.

         (d)   Any information and guidance provided by the City Council shall not be binding upon the City Council or Zoning, Planning, and Development Commission with respect to the formal planned development application.

      (3)   Preliminary plan. The purpose of the required preliminary plan is to allow the applicant to obtain a preliminary recommendation from the Zoning, Planning, and Development Commission and preliminary approval from the City Council prior to preparation of the required final plan.

         (a)   Action by the Zoning Administrator.

            1.   Applications for a special use permit and preliminary plan for a planned development shall be filed concurrently with the Zoning Administrator in accordance with § 1252.02(B) (Application Procedure) and division (D) of this section. Applications shall not be filed prior to completion of the required pre-application consultation.

            2.   Upon determining that the application is complete, the Zoning Administrator shall prepare a report for the Zoning, Planning, and Development Commission based upon the standards of division (F) of this section and § 1252.03(C)(4) (Standards for Special Use Permits), and schedule the application for consideration by the Zoning, Planning, and Development Commission.

         (b)   Action by the Planning, Zoning, and Development Commission.

            1.   The Zoning, Planning, and Development Commission shall conduct a public hearing on a proposed preliminary plan for a planned development and a special use permit at a regularly scheduled meeting in accordance with § 1252.02(D) (Public Hearing) within 60 days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant. Notice for the public hearing shall be in accordance with § 1252.02(C) (Notice).

            2.   The Zoning, Planning, and Development Commission shall evaluate the application based upon the Zoning Administrator's report, the evidence presented at the public hearing, and the standards of division (F) of this section and § 1252.03(C)(4) (Standards for Special Use Permits).

            3.   The Zoning, Planning, and Development Commission shall recommend approval, approval with conditions, or denial of the applications.

               a.   In recommending approval of a special use permit and preliminary plan for a planned development, the Zoning, Planning, and Development Commission may recommend conditions upon the establishment, location, construction, maintenance, and operation of the planned development and the special use as deemed necessary to protect the public interest.

               b.   In recommending approval of a special use permit and preliminary plan for a planned development, the Zoning, Planning, and Development Commission may require guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.

            4.   The Zoning, Planning, and Development Commission shall forward its recommendation and the minutes of its public hearing to the City Council within 60 days after the close of the public hearing.

         (c)   Action by the City Council.

            1.   The City Council shall consider the application at a regularly scheduled meeting within 60 days after receiving the recommendation of the Zoning, Planning, and Development Commission. The 60-day period may be extended with the written consent of the applicant.

            2.   The City Council shall evaluate the application based upon the Zoning Administrator's report, the recommendation of the Zoning, Planning, and Development Commission, the evidence presented at the public hearing, and the standards of division (F) of this section and § 1252.03(C)(4) (Standards for Special Use Permits).

            3.   The City Council shall take action in the form of approval, approval with conditions, denial, or referral of the application back to the Zoning, Planning, and Development Commission for further consideration. In approving a special use permit and preliminary plan for a planned development, the City Council may:

               a.   Recommend conditions upon the establishment, location, construction, maintenance, and operation of the planned development and the special use as deemed necessary to protect the public interest.

               b.   Require guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions.

            4.   Following approval of the special use permit and preliminary plan for a planned development, the applicant shall submit a final plan for the planned development.

      (4)   Final plan. The purpose of the required final plan is to allow the applicant to obtain final approval of the final plan from the City Council.

         (a)   Action by the Zoning Administrator.

            1.   Applications for a special use permit and final plan for a planned development shall be filed with the Zoning Administrator in accordance with § 1252.02(B) (Application Procedure) and division (D) of this section. Applications shall be filed within two years after approval of the required pre-application consultation, optional concept plan consultation, or required preliminary plan.

            2.   Upon determining that the application is complete, the Zoning Administrator shall determine whether the final plan is in conformance with the approved preliminary plan and any conditions and guarantees deemed necessary by the City Council.

            3.   If the final plan is in substantial conformance with the approved preliminary plan, the Zoning Administrator shall prepare a report for the City Council recommending approval of the final plan and schedule the application for consideration by the City Council.

            4.   If the final plan is not in substantial conformance with the approved preliminary plan, the Zoning Administrator shall allow the applicant to revise any parts of the application that are not in substantial conformance with the preliminary plan prior to preparing the report, and shall allow the applicant to resubmit the application as a final plan in accordance with the requirements of this section.

         (b)   Action by the City Council.

            1.   The City Council shall consider the application at a regularly scheduled meeting within 60 days after receiving the report of the Zoning Administrator recommending approval of the final plan. The 60-day period may be extended with the written consent of the applicant.

            2.   The City Council shall take action in the form of approval, approval with conditions, or denial of the application.

            3.   Upon approval of the final plan by the City Council, the use of land and the construction or modification of any buildings or structures on the site will be governed by the approved final plan rather than by other provisions of this Zoning Code.

   (D)   Application contents.

      (1)   Pre-application consultation. An application for a pre-application consultation for a planned development shall include a site plan drawn to an appropriate scale including the following information:

         (a)   The current ownership of the site.

         (b)   A conceptual layout of the proposed planned development.

         (c)   The location of the property and rights-of-way immediately adjacent to the proposed planned development.

         (d)   The location and use of all existing and proposed buildings and structures within the proposed planned development.

         (e)   The location of any proposed public or private improvements.

         (f)   A statement establishing any known exceptions to this Zoning Code, including the section number of each standard from which an exception is sought.

         (g)   Any other information necessary to clearly explain the planned development.

      (2)   Optional concept plan consultation. An application for an optional concept plan consultation for a planned development shall include a site plan drawn to an appropriate scale including the following information:

         (a)   The current ownership of the site.

         (b)   A conceptual layout of the proposed planned development.

         (c)   The location of the property and rights-of-way immediately adjacent to the proposed planned development.

         (d)   The location and use of all existing and proposed buildings and structures within the proposed planned development.

         (e)   The location of any proposed public or private improvements.

         (f)   A statement establishing any known exceptions to this Zoning Code, including the section number of each standard from which an exception is sought.

         (g)   Any other information necessary to clearly explain the planned development.

      (3)   Preliminary plan. An application for a preliminary plan for a planned development shall include the following information:

         (a)   Proof of ownership establishing that the proposed planned development shall be in single ownership or under unified control so that all owners of the property shall be included as joint applicants.

         (b)   A plat of survey drawn to an appropriate scale showing the location of the zoning lot associated with the planned development, including all lots within the zoning lot.

         (c)   A site plan drawn to an appropriate scale that includes the following information:

            1.   The location of property and rights-of-way immediately adjacent to the proposed planned development.

            2.   The location, height, and use of all existing buildings and structures immediately adjacent to the proposed planned development.

            3.   The location, area, height, bulk, and dimensions of all existing and proposed buildings and structures within the proposed planned development.

            4.   The general land uses of all existing and proposed buildings and structures within the proposed planned development.

            5.   The location and dimensions of all setbacks within the proposed planned development.

            6.   The location and dimensions of all walkways, driveways, streets, parking facilities, and loading facilities within the proposed planned development.

            7.   The location and dimensions of all external lighting fixtures within the proposed planned development.

            8.   The location and dimensions of any areas proposed to be conveyed, dedicated or reserved for parks, playgrounds, schools, public buildings, or any other public uses within the proposed planned development.

            9.   A statement establishing any proposed exceptions to this Zoning Code to be requested as part of the proposed planned development, including the section number of each standard from which an exception is sought.

         (d)   Building elevations and schematic designs indicating the general architectural character of all proposed buildings and structures.

         (e)   A traffic circulation plan and traffic impact analysis indicating the proposed movement of motorists, bicyclists, and pedestrians within the site, access to and from adjacent streets, off-street parking facilities, and the impact of the proposed planned development upon existing traffic patterns.

         (f)   A utilities and drainage plan indicating the adequacy of the utilities serving the proposed planned development, including water distribution lines, sanitary sewers, and stormwater management facilities.

         (g)   A preliminary landscape plan in accordance with the requirements of § 1250.01(D) (Landscape Plan).

         (h)   A statement establishing the amenities to be included in the proposed planned development.

      (4)   Final plan. An application for a final plan for a planned development shall include the following information:

         (a)   All covenants, easements, agreements, and provisions required to govern the ownership, use, maintenance, and continued protection of the planned development, including an agreement assuring that the applicant, any subsequent owner, and/or any applicable homeowners association will be responsible for all street, utility, and common open space maintenance within the planned development.

         (b)   All plats, certificates, seals, and signatures required for the dedication or vacation of land, the dedication or vacation of public rights-of way, and for the recording of the final site plan.

         (c)   A plat of subdivision prepared in a format suitable to be recorded with the Cook County Recorder of Deeds if subdivision of the development site is included in the planned development.

         (d)   A final site plan in a format suitable to be recorded with the Cook County Recorder of Deeds including the following information:

            1.   A legal description of the zoning lot associated with the planned development, including a legal description of each lot within the zoning lot.

            2.   Final designation of the location, area, height, bulk, and dimensions of all existing and proposed buildings and structures within the proposed planned development.

            3.   Final designation of the general land uses of all existing and proposed buildings and structures within the proposed planned development. Projects with residential land uses shall include the total number of residential dwelling units within the proposed planned development and the residential density of the site.

            4.   The final location and dimensions of all setbacks within the proposed development.

            5.   The final location and dimensions of all walkways, driveways, streets, parking facilities, and loading facilities within the proposed planned development.

            6.   The final location, dimensions, and design and illumination characteristics of all external lighting fixtures within the proposed planned development.

            7.   The legal description, location, and dimensions of any areas proposed to be conveyed, dedicated, or reserved for parks, playgrounds, schools, public buildings, or any other public uses within the proposed planned development.

            8.   A final statement establishing any proposed exceptions to this Zoning Code requested as part of the proposed planned development, including the section number of each standard from which an exception is sought.

         (e)   Final building elevations and schematic designs indicating the specific architectural character of all proposed buildings and structures.

         (f)   A final traffic circulation plan and traffic impact analysis indicating the proposed movement of motorists, bicyclists, and pedestrians within the site, access to and from adjacent streets, off-street parking facilities, and the impact of the proposed planned development upon existing traffic patterns.

         (g)   A final utilities and drainage plan indicating the size and location of all water distribution lines, sanitary sewers, and stormwater management facilities.

         (h)   A final landscape plan in accordance with the requirements of § 1250.01(D) (Landscape Plan).

         (i)   A final sign plan indicating the location and dimensions of all signs, including the design and illumination characteristics of all signs.

         (j)   A final statement establishing the amenities to be included in the proposed planned development.

         (k)   A construction schedule indicating the following:

            1.   If the planned development is going to be developed in a single phase, the date construction will begin, the date construction will be completed, and the date when specific uses will be established on the site.

            2.   If the planned development is going to be developed in multiple phases, the date that construction of the initial phase will begin, the dates when final plans are expected to be submitted for each subsequent phase, the date that construction is expected to be completed for each phase, and the date when specific uses are expected to be established on the site.

   (E)   Amendment to approved planned development. A final plan for an approved planned development may be amended in accordance with the requirements of this section.

      (1)   Major amendments. During construction of the planned development, any change to an approved final plan that substantially affects the essential design, composition, and character of the planned development shall be considered a major amendment. The City Council shall make a decision on a request for a major amendment after receiving a recommendation from the Zoning, Planning, and Development Commission in accordance with division (C)(3) of this section. Major amendments may include, but shall not be limited to, the following:

         (a)   Any change in the location of land uses within the development.

         (b)   Any change in the proportion of land uses in the development by ten percentage points or more.

         (c)   Any change in the gross floor area of the development by 5% or more.

         (d)   Any change in the building height of the development by 5% or more.

         (e)   Any change in the proportion of the impervious coverage of the development by ten percentage points or more.

         (f)   Any change in the number of dwelling units within the development.

         (g)   Any change in the location or dimensions of walkways, driveways, streets, parking facilities, and loading facilities within the development by ten feet or more.

         (h)   Any change in the number of off-street parking spaces provided within the development by 10% or more.

         (i)   Any change in the amount of open space provided within the development or in the location of open space from that shown on the approved final plan.

         (j)   Any change to the landscape plan that reduces the amount of material planted within the development.

      (2)   Minor amendments. During construction of the planned development, any change to an approved final plan that minimally affects the essential design, composition, and character of the planned development shall be considered a minor amendment. Any amendment that is not established as a major amendment in division (E)(1) of this section shall be considered a minor amendment. The Zoning Administrator shall make a decision on a request for a minor amendment in accordance with division (D)(3) of this section. The Zoning Administrator may determine that the application shall be resubmitted as a major amendment in accordance with division (E)(1) of this section.

   (F)   Standards for planned developments. The City Council, Zoning, Planning, and Development Commission, and Zoning Administrator shall evaluate applications for planned developments with specific written findings based on a balance of both the standards of this section and the standards for special use permits in accordance with § 1252.03(C)(4) (Standards for Special Use Permits).

      (1)   The proposed planned development will provide walkways, driveways, streets, parking facilities, and loading facilities that adequately serve the uses within the development and provide for safe motor vehicle, bicycle, and pedestrian traffic to and from the site.

      (2)   The proposed planned development will provide landscaping and screening that enhances the city's character and livability, improves air and water quality, reduces noise, provides buffers, and facilitates transitions between different types of uses.

      (3)   The proposed planned development will protect the community's natural environment to the greatest extent practical, including existing natural features, watercourses, trees, and native vegetation.

      (4)   The proposed planned development will be provided with underground installation of utilities when feasible, including electricity, cable, and telephone, as well as appropriate facilities for storm sewers, stormwater retention, and stormwater detention.

   (G)   Zoning district exceptions and provision of community amenities.

      (1)   Zoning district exceptions. Planned developments are subject to the regulations of the zoning district in which they are located unless exceptions from these regulations are specifically recommended by the Zoning, Planning, and Development Commission, granted by the City Council, and found to be in accordance with division (F) of this section.

      (2)   Provision of community amenities. Planned developments may be granted exceptions from zoning district regulations if the applicant demonstrates that the development will provide amenities to the city that are not required from conventional development applications. The amenities to be considered by the City Council, Planning, Zoning, and Development Commission, and Zoning Administrator shall be appropriate for the scale of the planned development and may include, but shall not be limited to, the following:

         (a)   Establishment of community amenities such as plazas, gardens, public art features, outdoor seating areas, pedestrian facilities, and transit facilities.

         (b)   Establishment of open space amenities such as playing fields, playgrounds, swimming pools, and fitness facilities.

         (c)   Enhancement of the community's natural environment, including existing natural features, watercourses, trees, and native vegetation.

         (d)   Preservation and enhancement of the community's historic places and cultural resources.

         (e)   Provision of public infrastructure improvements that exceed the requirements of the planned development, such as enhancements to rights-of-way, stormwater management systems, and sewer systems.

         (f)   Incorporation of sustainable development techniques, such as meeting the requirements of LEED or LEED-equivalent rating systems.

         (g)   Provision of residential dwelling units for affordable housing or senior housing.

         (h)   Provision of residential dwelling units with accessible features that exceed the requirements of the Americans with Disabilities Act.

   (H)   Expiration of approved planned developments.

      (1)   Preliminary plan expiration. Preliminary plan approval shall expire and be revoked if a complete application for the final plan has not been filed within two years after approval of the preliminary plan by the City Council. The applicant may extend this two-year period by means of a written request filed with the Zoning Administrator at least 30 days prior to the expiration of the period, which shall be approved by the City Council.

      (2)   Final plan expiration. Final plan approval shall expire and be revoked if a building permit has not been filed within two years after approval of the preliminary plan by the City Council. The applicant may extend this two-year period by means of a written request filed with the Zoning Administrator at least 30 days prior to the expiration of the period, which shall be approved by the City Council.

(Ord. 17-31, passed 9-12-2017)

   (B)   Applicability.

      (1)   Authority to continue.

         (a)   Any use, structure, or lot that was established legally as of the effective date of this Zoning Code, or its subsequent amendments, may continue as long as it remains lawful.

         (b)   Any use, structure, or lot that was established legally as of the effective date of this Zoning Code, or its subsequent amendments, and has been made nonconforming due to the regulations of this Zoning Code, or its subsequent amendments, is a legal nonconforming use, structure, or lot and may continue subject to the provisions of this section as long as it remains otherwise lawful.

         (c)   Any use, structure, or lot that was established illegally as of the effective date of this Zoning Code, or its subsequent amendments, shall remain illegal if it does not conform with the requirements of this Zoning Code.

      (2)   Nonconforming status. The nonconforming status of a nonconforming use, structure, or lot rests with the property and shall not be affected by changes in property ownership, tenancy, or management.

      (3)   Burden of establishing legal status. The burden of establishing the legal status of a nonconforming use, structure, or lot under the provisions of this Zoning Code shall be the responsibility of the owner of such use, structure, or lot.

   (C)   Nonconforming uses.

      (1)   Applicability. A legal nonconforming use is the use of land or a structure that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this Code.

      (2)   Expansion of use. A legal nonconforming use shall not be expanded, enlarged, or increased in intensity to include any land area or structure not previously occupied by such legal nonconforming use.

      (3)   Relocation of use. A legal nonconforming use shall not be relocated on the same lot or any other lot unless the relocation of such use meets the requirements of the zoning district in which the use is relocated.

      (4)   Damage or destruction of use. In the event that any structure devoted in whole or in part to a legal nonconforming use is damaged or destroyed to the extent of 50% or more of its replacement value, then the use cannot be continued unless it meets the requirements of the zoning district in which the use is located.

      (5)   Change of use. A legal nonconforming use shall not be changed to any other use unless the use is allowed within the zoning district in which the use is located.

      (6)   Discontinuation or abandonment of use. If a legal nonconforming use is discontinued, or the structure that it occupies becomes vacant or remains unoccupied for a continuous period of at least six months, such use shall be deemed abandoned and shall not be reestablished regardless of the intent to continue the use. Any period of discontinuance or abandonment caused by a government action or an act of nature shall not be included in the six-month period. Any subsequent use or occupancy of such land or structure shall meet the requirements of the zoning district in which the use is located.

      (7)   Multi-family dwelling units in the R-3 District. Multi-family dwelling units consisting of three dwelling units shall be deemed a legal nonconforming use in the R-3 District.

   (D)   Nonconforming structures.

      (1)   Applicability. A legal nonconforming structure is a principal or accessory structure that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this Code. For the purposes of this section, legal nonconforming structures shall include nonconforming on-site development, off-street parking and loading facilities, and landscape characteristics.

      (2)   Ordinary maintenance and repair. Ordinary maintenance and repair may be performed on any legal nonconforming structure provided that such activities will not create any new nonconformity or increase the degree of any existing nonconformity.

      (3)   Structural alterations, enlargements, and additions. Structural alterations, enlargements, and additions shall not be performed on any legal nonconforming structure, except in the following situations:

         (a)   When the alteration, enlargement, or addition is required by law or is necessary to restore the structure to a safe condition upon the order of any official representative of the city.

         (b)   When the alteration, enlargement, or addition is for the purpose of creating a conforming structure.

         (c)   When the alteration, enlargement, or addition will not create any new nonconformity or increase the degree of any existing nonconformity.

         (d)   When the alteration, enlargement, or addition expands the existing perimeter walls of a legal nonconforming single-family or two-family residential structure provided that it meets the following conditions:

            1.   The resulting structure will not create any new nonconformity or increase the degree of any existing nonconformity.

            2.   The resulting interior side setback is no less than 50% of the required interior side setback.

            3.   The resulting front, corner side, or rear setback is no less than 75% of the required front, corner side, or rear setback.

      (4)   Relocation. A legal nonconforming structure shall not be relocated on the same lot or any other lot unless the relocation of such structure meets the requirements of the zoning district to which the structure is relocated.

      (5)   Damage or destruction.

         (a)   In the event that a legal nonconforming structure is damaged or destroyed to the extent of 50% or more of its replacement value, then the structure may not be repaired unless it meets the requirements of the zoning district in which the structure is located.

         (b)   In the event that a legal nonconforming structure is damaged or destroyed to the extent of less than 50% of its replacement value, the structure may be repaired provided that:

            1.   The repairs will not create any new nonconformity or increase the degree of any existing nonconformity.

            2.   A building permit is obtained for such repairs within one year of the date of damage or destruction, and such repairs are completed within one year of issuance of the building permit.

         (c)   The replacement value of the legal nonconforming structure shall be established by:

            1.   The sale of the structure within the previous year, or if that is not applicable;

            2.   An appraisal of the structure within the last two years, or if that is not available;

            3.   The amount for which the structure was insured prior to the date of damage or destruction, or if that is not available;

            4.   An alternative method determined acceptable by the city.

   (E)   Nonconforming lots of record.

      (1)   Applicability. A legal nonconforming lot of record is a lot of record that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this Code.

      (2)   Contiguous nonconforming lots of record. If two or more contiguous lots of record are owned by a single party, or by related parties, and one or more of the lots does not meet the requirements for lot area or lot width as established by this Zoning Code, then the lots of record shall be developed as a single entity. A building permit shall not be issued for the development of such contiguous lots of record in violation of this section.

      (3)   Individual nonconforming lots of record in residential districts. In the R-1, R-2, and R-3 Districts, a single-family dwelling unit may be developed on a legal nonconforming lot of record provided that the owner of that lot of record, or a related party, does not own any lots of record that are contiguous to the subject lot of record and that the principal structure meets all of the bulk and yard requirements of the zoning district in which it is located.

(Ord. 17-31, passed 9-12-2017)