The city council shall establish fees and charges for building permits, zoning certificates, appeals, and other matters pertaining to this title. A schedule of fees shall be posted in the office of the planning services division of the city and may be altered or amended by resolution of the city council. Until all applicable fees and charges have been paid in full, no action shall be taken on any application or appeal. (Ord. 2013-20)

   A.   It shall be unlawful after the effective date hereof to permit any building or premises hereafter to be erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a zoning certificate shall have been issued therefor stating that the proposed use of the building or land conforms to the requirements of this title.

   B.   It shall be unlawful to change the use of a building, structure or land from one use to another until a zoning certificate has been issued stating that the proposed use conforms to the applicable provisions of this title.

   C.   It shall be unlawful to install or expand a driveway or parking area until a zoning certificate has been issued, stating that the proposed installation or expansion conforms to the applicable provisions of this title.

   D.   It shall be unlawful to install or expand a fence until a zoning certificate has been issued stating that the proposed installation or expansion conforms to the applicable provisions of this title.

   E.   A record of all zoning certificates shall be maintained by the planning services division and such record shall be available for public inspection.

   F.   Zoning certificates shall be issued by the planning services division only after it is determined that the proposed structure and/or use is in compliance with the provisions of this title.

   G.   Zoning certificates shall state specifically whether the certificate is for a permitted use, variance, and/or special use.

   H.   No building permit for the erection, alteration, or moving of any building within the city shall be issued until a zoning certificate has been applied for and issued.

   I.   A zoning certificate is required prior to the construction, alteration or moving of any structure or use of land in the area lying outside of but within one and one-half (11/2) miles of the corporate limits of the city as designated on the official zoning map.

   J.   The issuance of a zoning certificate for any new construction will require the property to be brought into compliance with this code. This includes, but is not limited to, existing driveways and curb cuts. (Ord. 2013-20)

Zoning certificates are issued on the basis of plans and applications approved by the administrative official (or zoning board of appeals or city council where required by this chapter) and authorize only the use, arrangement, and construction set forth in such approved plans and applications. Any other use, arrangement, or construction shall be deemed a violation of this chapter. (Ord. 2013-20)

The work or use authorized by any zoning certificate must be commenced within twelve (12) months of the date of issuance of such certificate; otherwise, the same shall be lapsed and become null and void. All work so authorized shall be completed within eighteen (18) months from the issuance of the zoning certificate therefor, except that for good cause shown, the administrative official may extend the work completion time. (Ord. 2013-20)

It shall be unlawful within the city limits to construct, add to, alter, remove or demolish, or to commence the construction, addition, alteration, removal or demolition of a building or structure or install equipment for the operation of a building or structure without a building permit. (Ord. 2013-20)

Building permits shall be valid for a period of time as provided in section 4-1-2 of this code. (Ord. 2013-20)

No building or structure or land shall be occupied or used in whole or in part within the jurisdiction of this title until an occupancy permit shall have been issued by the administrative official charged with the enforcement of this title.

   A.   An occupancy permit issued within the corporate limits of the city shall state that all applicable building, housing, electrical and plumbing codes and ordinances of the city and the provisions of this title have been complied with.

   B.   An occupancy permit issued in the area outside of but within one and one-half (11/2) miles of the corporate limits of the city as designated on the official zoning map shall state that the provisions of this title have been complied with.

   C.   A temporary occupancy permit may be issued during alteration or for occupancy of a building pending its completion. A temporary occupancy permit may include conditions and safeguards necessary to protect the safety of the occupants and the public.

   D.   An administrative occupancy permit shall be issued to the operator of a group home demonstrating:

      1.   That the home is licensed by an agency of the state;

      2.   That the building in which the group home is located is more than eight hundred feet (800') from any other building containing a group home; and

      3.   That the group home meets the criteria established above for the issuance of occupancy permits. (Ord. 2013-20)

No building permit or zoning certificate shall be issued by the governing official for the construction of any building, structure, or improvement to the land or any lot within a "subdivision" as defined herein which has been approved for platting or replatting until all requirements of this chapter have been fully complied with. (Ord. 2013-20)

Before a sign is erected, altered, or relocated, a permit must be obtained:

   A.   If it is a new sign.

   B.   If an existing sign is being moved to a new location.

   C.   If an existing sign is being enlarged in any manner.

   D.   If an existing sign is being replaced with a similar sign of a new material.

   E.   If the sign is repainted or panel inserts replaced which constitute fifty percent (50%) or more of the surface area of any side of an existing sign.

   F.   If there is any alteration of a sign that results from a change in the business name, ownership, nature of business or product.

   G.   If it is a temporary sign or banner as permitted by section 15.4.10.8 of this title. (Ord. 2013-20)

It is the responsibility of the owner of the sign to secure the appropriate permit. (Ord. 2013-20)

The permit shall be on display on the premises at the time of erection and the following seven (7) days. (Ord. 2013-20)

The following signs do not require a permit, but these signs must meet all requirements of section 15.4.10.7 of this title:

   A.   The maintenance of existing sign areas as defined in section 15.4.10.12 of this title;

   B.   Construction signs (erected after construction has commenced) and temporary real estate signs;

   C.   Window promotional signs, except electrically operated window promotional signs which are considered to be architectural signs;

   D.   Yard sale signs;

   E.   Signs for historic places and buildings;

   F.   Political signs. (Ord. 2013-20)

   A.   It shall be unlawful after the effective date hereof to permit any development within the FF flood fringe and FW floodway zoning districts until a floodplain development permit (FDP) has been issued therefor stating that the proposed development is in compliance with the provisions of this title. A record of all floodplain development permits shall be maintained by the planning services division and such record shall be made available for public inspection.

   B.   A floodplain development permit shall be issued by the planning services division only after a determination has been made that the proposed development is in compliance with the provisions of this title.

   C.   A floodplain development permit is required prior to development of the floodplain in the area lying within the city limits and outside but within one and one-half (11/2) miles of the corporate limits of the city as designated on the official zoning map. (Ord. 2013-20)

Floodplain development permits are issued on the basis of plans and applications approved by the administrative official (or zoning board of appeals or city council where required by this title) and authorize only the use, arrangement, and construction set forth in such approved plans and applications. Any other use, arrangement, or construction shall be deemed a violation of this title. (Ord. 2013-20)

Prior to the start of new construction for any new construction, substantial improvement or development, including structures, fill, obstructions, storage, or other use, a floodplain development permit shall be secured from the city. This permit is issued in addition to all other permits required by the city. This permit shall not be issued if the provisions of this section are not satisfied, or if a permit required by Illinois or federal laws has been denied. (Ord. 2013-20)

   A.   An applicant for an FDP shall submit a plan containing the following information certified to the planning services division for transmittal to the development services director:

      1.   Existing and proposed changes in terrain and proposed site grading at one foot (1') North American vertical datum of 1988 (NAVD 88) contour intervals.

      2.   Proposed use of the land, and including elevation (NAVD 88) of the lowest habitable floor, including cellar or basement of any structure, elevation (NAVD 88) of all mechanical and utility equipment, and in the case of floodproofed structures, the elevation to which it will be floodproofed.

      3.   Final dimensions and locations of proposed structures.

      4.   If property is located in the FF flood fringe district, certification from a registered professional engineer that the proposed fill, structure, or other development is not in the floodway.

      5.   Certification from a registered professional engineer that the plan is accurate, and that the design and construction methods, including floodproofing where permitted, are adequate to withstand flood heights, pressures, velocities, impact and uplift forces, and all other factors associated with the base (100-year) flood. Within thirty (30) days of the completion, an elevation certification prepared by an Illinois registered professional engineer or an Illinois registered land surveyor shall be submitted which states the specific as built elevation (NAVD 88) of the lowest floor including basements or cellars. In the case of floodproofed nonresidential structures or facilities, such as mechanical and utility equipment, a floodproofing certification prepared by an Illinois registered professional engineer or an Illinois registered architect shall be submitted within thirty (30) days of completion which states the specific elevation (NAVD 88) to which the structure or facilities are floodproofed. Such elevation shall be certified by an Illinois registered professional engineer or an Illinois registered land surveyor.

      6.   Location of the floodway boundary as shown by the plan view on the flood insurance rate map along with the flood insurance study, Carbondale, Illinois, dated May 2, 2008; location of flood fringe boundary as calculated from floodplain profiles as determined in the flood insurance study, Carbondale, Illinois, dated May 2, 2008; and location of the special flood hazard area as shown on the flood insurance rate map for Jackson County, Illinois, dated May 2, 2008. To determine the base flood elevation for Plum Creek and Mud Creek, or any other that are shown as zone A on the flood insurance rate map, Carbondale, Illinois, dated May 2, 2008, the city shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source.

      7.   Information pertaining to receipt of all other applicable permits and licenses.

   B.   Upon findings by the development services director that the requirements of this section are met, an FDP may be issued.

   C.   The limits of the site grading, structures, and uses shown on the approved plan shall be binding on the applicant, his successors and assigns unless amended through the permit procedure outlined above. It shall be unlawful for anyone to vary any development from specifications permitted in the FDP. (Ord. 2013-20)

   A.   Regulation imposed and the districts created by this title may be amended from time to time by ordinance, but no such amendments shall be made without public hearing before the planning commission of the city, with the exception of amendments under section 15.2.5, "P Preservation District", of this title wherein said public hearing shall be held before the preservation commission of the city. Notice shall be given of the time, date, and the place of the hearing, not more than thirty (30) nor less than fifteen (15) days before the hearing, by publishing a notice thereof at least once in one or more newspapers in general circulation in the city. As a result of the hearing, the planning commission or preservation commission shall make findings of fact and shall submit a recommendation concerning proposed amendments to the city council.

   B.   The administrative official shall cause to be posted, not less than seven (7) or more than fifteen (15) days prior to the scheduled hearing, on any property proposed to be changed from one district to another, a notice containing the following: date, time, place, existing zoning and proposed zoning, along with a district statement of intent. Provided, however, that in case of a change in district involving more than one lot or parcel, such notice need only be posted at the corners of the area to be changed in a district where said corners adjoin a public way.

   C.   The administrative official shall, not more than thirty (30) days nor less than ten (10) days before the hearing, serve written notice, either in person or by certified mail, return receipt requested, on the owners as appears from authentic tax records of such county, of all property within two hundred fifty feet (250') in each direction of the location for which a zoning district change is requested; provided the number of feet occupied by all public roads, streets, alleys, and other public ways shall be excluded in computing the two hundred fifty foot (250') requirement. For properties zoned LI, GI, or RR the notification boundary shall be expanded to five hundred feet (500') in each direction of the location for which a zoning district change is requested. For properties zoned AG or F, the notification boundary shall be expanded to one thousand feet (1,000') in each direction of the location for which a zoning district change is requested. The notice herein required shall contain the address and legal description of the location for which the zoning district change is requested; the proposed zoning district and the district statement of intent; the name and address of the applicant, the name and address of the owner(s) of the property sought to be changed (including beneficiaries of land trusts); the date, time, and place of the hearing; and the present zoning district and statement of intent. After an unsuccessful bona fide effort to determine the owner and the owner's address from the county tax records, the notice required herein may be sent to the entity to which the real estate tax bills are sent. If the mailed notice is returned, the notice requirements of this section shall be deemed to have been met. If ownership of a property has changed, but has not been properly recorded, notice to person(s) shown on the county tax records shall be deemed to meet the requirements of this section. The administrative official's notification responsibilities shall be limited to that information available to the city from the appropriate county records. (Ord. 2013-20)

Request for zoning change may be initiated in the following ways:

   A.   Any person with proprietary interest desiring a change in zoning of property shall make application with the administrative official.

   B.   Any person without proprietary interest desiring a change in zoning of property may request the city council to direct the administrative official to accept such application.

   C.   The planning commission may initiate a zoning change. (Ord. 2013-20)

In case of a written protest against any proposed amendment of the regulations or districts, classification or reclassification of property, signed and acknowledged by the owners of twenty percent (20%) of the frontage proposed to be classified or reclassified or by the owners of twenty percent (20%) of the frontage immediately adjoining or directly opposite, or across the alley therefrom, is filed with the city clerk, the proposed amendment shall not be passed except by a favorable vote of two- thirds (2/3) of those council members present, but at least four (4) votes are required.

   A.   In such cases, a copy of the written protest shall be served by the protestors on the applicant for the proposed amendment and a copy upon the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment.

   B.   In the case when a written protest is filed with the city clerk, and evidence is furnished that a copy of the written protest has been served on the applicant and the applicant's attorney, the city council shall acknowledge any written protest, and rule on the validity of every such protest to determine if the two-thirds (2/3) vote of all of the city council shall apply. (Ord. 2013-20)

   A.   Five Or More Parcels:

      1.   When action is taken by the city to expand the city's zoning boundaries within one and one-half (11/2) miles of the city limits which incorporates five (5) or more parcels of property within such expansion, the provisions of this section shall be followed. Action to expand the city's zoning boundaries may be initiated by any of the ways described in section 15.6.7.2 of this chapter.

      2.   A report on the proposed zoning boundary expansion including a map of the proposed zoning districts shall be submitted to the planning commission for review and consideration. The report shall contain an adequate legal description and map of areas affected by such expansion and proposed zoning districts created by the expansion.

      3.   The planning commission shall hold a public hearing thereon and shall afford persons interested an opportunity to be heard. Notice of the hearing shall be published at least once not more than thirty (30) or less than fifteen (15) days before the hearing, in a local newspaper of general circulation. The notice shall state the time and place of the hearing, and the place where copies of the proposed zoning boundary expansion report may be reviewed for examination by interested persons.

      4.   Owners of property within the expanded zoning boundaries shall be sent written notice of the public hearing by regular mail not more than thirty (30) days, or less than ten (10) days before the hearing. Ownership shall be determined from the tax records of the county in which the property is located and if, after a bona fide effort the mailed notice is returned, the notice requirements of this section shall be deemed to have been met.

      5.   Following the public hearing, the planning commission shall make a recommendation on the proposed zoning districts in the boundary expansion area to the city council.

      6.   During a regular or special city council meeting, the city council may take action to enact an ordinance expanding the city's zoning boundaries with or without change or refer it back to the commission for further consideration.

   B.   Less Than Five Parcels: When action is taken to expand the city's zoning boundaries within one and one-half (11/2) miles of the city limits which incorporates less than five (5) parcels of property within such expansion, the provisions of sections 15.6.7.1 through 15.6.7.3 of this chapter shall be followed. (Ord. 2013-20)

The special use permit is established to provide for those uses which may have a unique, special, or unusual impact upon the use or enjoyment of neighboring property, and to provide for those public and quasi-public uses affected with the public interest. Where a use exists on the effective date hereof and it is classified as a special use by this title, it shall be considered to be a lawful special use. (Ord. 2014-48)

   A.   Application: Any person having a proprietary interest in the premises may file for a special use with the administrative official. The application shall be in three (3) copies and contain information required by this title. The administrative official shall process such application and forward it to the planning commission with any recommendations deemed appropriate. A schematic development plan shall be included with an application for a special use, and shall contain the following information:

      1.   Legal description of property included in the special use.

      2.   All adjoining streets within two hundred fifty feet (250') of property proposed for special uses.

      3.   Proposed land use for the property including building locations and number of stories for each, a tabulation of total land area and percentage thereof designated for various uses, including land use intensity requirements, if any.

      4.   Schematic landscaping (trees, shrubs, grass).

      5.   Direction of stormwater flow.

      6.   Location of ingress, egress, parking areas and evidence that minimum parking requirements will be met. Specific design of parking layout and interior circulation is not required.

      7.   Delineation of development staging and estimated timetable.

      8.   Location and apparent use of all buildings on adjacent lands which are within one hundred feet (100') of the property line of the property proposed for special use.

Certain plan requirements may be waived by the administrative official if it is determined that they are inappropriate for the specific case because of the size, location or nature of the special use.

   B.   Special Use Performance Standards:

      1.   The special use shall meet all of the minimum performance standards and requirements of the district in which the special use is located and any additional requirements established for the individual special use under the provisions of this chapter.

      2.   In addition, the special use shall meet any requirements established by the city council.

   C.   Hearing:

      1.   A special use may be permitted by the city council only after a public hearing before the planning commission. The planning commission shall make findings of fact; and if the planning commission finds that:

         a.   The proposed special use will permit and encourage an environment of sustained desirability and stability, and that it will be in harmony with the character of the surrounding neighborhood;

         b.   The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, or general welfare;

         c.   The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish and impair property value within the neighborhood;

         d.   The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;

         e.   Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided;

         f.   Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and

         g.   The special use will be located in a district where such use may be permitted, and shall conform to all requirements of this title.

      2.   In addition to the factors listed in subsection C1 of this section, the planning commission shall consider the following criteria when reviewing a request for a special use permit for property located in the NB, neighborhood business district:

         a.   Protected traffic volumes and type of traffic (vehicle type);

         b.   Typical hours of operation;

         c.   The presence of harmful toxins, emissions, or odors;

         d.   The impact of outdoor lighting on adjacent properties;

         e.   Expected crowd levels and crowd control; and

         f.   The presence of elevated, excessive and/or continuous noise.

      3.   The planning commission shall recommend that the city council approve the issuance of the zoning certificate for such special use. Otherwise, the planning commission shall recommend that the city council direct the administrative official to deny the application. The findings of fact and the recommendation of the planning commission shall be in writing. The city council decision shall be written to the applicant by the administrative official.

   D.   Notice Of Hearing:

      1.   Notice shall be given of the nature, time, date, and place of the hearing not more than thirty (30) days nor less than fifteen (15) days before the hearing, by publishing a notice thereof at least once in one or more newspapers in general circulation in the city.

      2.   The administrative official shall cause to be posted, not less than seven (7) nor more than fifteen (15) days prior to the scheduled hearing, on any property for which a special use is requested, a notice containing the following: date, time and place of hearing; existing zoning; special use requested; and district statement of intent.

      3.   The procedure specified in subsection 15.6.7.1C of this chapter for notifying adjoining property owners shall be followed; provided, however, that the notice shall include the nature of the special use, rather than reference to a zoning district change.

   E.   Expiration Of Special Use Approval: The applicant shall have twelve (12) months from the date of issuance of the zoning certificate which certifies the approval of the special use to commence the work or use authorized by the special use; otherwise the special use shall be lapsed and become null and void. All work so authorized shall be completed within eighteen (18) months from the date of issuance of the zoning certificate certifying approval of the special use therefor, except that for good cause shown, the administrative official may extend the work completion time; otherwise the special use shall be lapsed and be and become null and void. In the event such authorized special use shall be discontinued or abandoned for a period of six (6) consecutive months, or for at least eighteen (18) intermittent months of any consecutive thirty six (36) month period, the same shall not, after the expiration of such applicable period, be permitted to continue as a special use, and the special use shall be lapsed and become null and void. (Ord. 2014-48)

   A.   Appeals: Any person aggrieved by a ruling of the administrative official charged with the enforcement of this title, or by an officer, department, board, or bureau of the city concerning the interpretation of this title, may take an appeal to the zoning board of appeals. The appeal shall be taken within forty five (45) days of the action complained of by filing, with the officer from whom the appeal is taken and with the zoning board of appeals, a notice of appeal specifying the grounds thereof.

   B.   Variances:

      1.   A variance may be granted by the zoning board of appeals after a public hearing upon the following conditions:

         a.   That the party seeking a variance makes written application to the board demonstrating:

            (1)   That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.

            (2)   That literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title.

            (3)   That the special conditions and circumstances do not result from the actions of the applicant. (Ord. 2014-48)

            (4)   That granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures, or buildings in the same district.

         b.   That the granting of the variance will be in harmony with the general purpose and intent of this title and will not be injurious to the neighborhood, or detrimental to the public welfare. A variance shall not be granted merely to serve as a convenience to the applicant, but only if it is necessary to alleviate some demonstrable hardship or difficulty. Under no circumstances shall the zoning board of appeals grant a variance to allow a use not expressly permissible under the terms of this title in the district involved. (Ord. 2013-20)

      2.   In granting a variance, the zoning board of appeals may prescribe appropriate conditions and safeguards in conformity with this title. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be punishable under chapter 10 of this title. (Ord. 2013-31)

      3.   No nonconforming use of neighborhood lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.

      4.   The applicant shall have twelve (12) months from the date of issuance of the zoning certificate which certifies the approval of the variance to commence the work authorized by the variance; otherwise the variance shall be lapsed and be and become null and void.

   C.   Procedures For Appeals And Variances:

      1.   An appeal or application for variance shall be filed with the administrative official. The appeal or application shall be in such form and shall contain such information as the zoning board of appeals shall prescribe by general rule. Upon receiving an appeal or application for variance, the zoning board of appeals shall fix a reasonable time for a public hearing thereon, provided however, such time shall be within thirty one (31) days from the date the appeal or application for variance is so filed, and give public notice of such hearing. Such notice shall be published at least once, not more than thirty (30) nor less than fifteen (15) days before the hearing, in one or more newspapers of general circulation.

      2.   The notice shall designate the location of the premises and contain a brief statement of the appeal or application for variance, provided, however, such notice may be supplemented by such additional form of information as the board by rule may provide. The administrative official shall cause to be posted, not less than seven (7) nor more than fifteen (15) days prior to the scheduled hearing, on any property to be affected by such appeal or variance, a notice indicating the date, time, place, existing zoning and proposed variance or nature of the appeal. Furthermore, the procedure specified in subsection 15.6.7.1C of this chapter for notifying adjoining property owners shall be followed; provided, however, that the notice shall include the nature of the variance or appeal, rather than reference to a zoning district change.

      3.   All hearings conducted by the zoning board of appeals shall be open to the public and may be continued from time to time for good cause shown. Any person may appear and testify at a hearing, either in person or by a duly authorized agent or attorney. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses.

      4.   Within fifteen (15) days after the conclusion of a hearing, the zoning board of appeals shall file its decision in writing, accompanied by findings of fact specifying the reason or reasons for such decision.

      5.   The affirmative vote of five (5) members of the board shall be required to reverse or modify, in whole or in part, any order, requirement, decision, or determination of the administrative official or to grant, wholly or in part, any request for variance application.

      6.   In the case of an appeal, such appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative official certifies to the zoning board of appeals after notice of appeal has been filed with him, that by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property; in which case, the proceedings shall be stayed only by a restraining order which may be granted to the zoning board of appeals by a court of record on application, with notice to the official from whom the appeal is taken.

      7.   In the case of an appeal, the zoning board of appeals, in exercising its powers, may, upon the concurring vote of five (5) members reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, so long as such action is in conformity with the terms of this title. To this end, the zoning boards of appeals shall have the powers of the administrative official from whom the appeal is taken.

      8.   In the case of an application for variance, the zoning board of appeals shall determine and may make variance to the regulations of this title in harmony with their general purpose and intent, only in the specific instances as provided herein, where the board makes a finding of fact based upon the standards prescribed herein, that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this title.

      9.   The zoning board of appeals may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to prevent injurious effects therefrom upon other property in the neighborhood, and better to carry out the general intent of this title.

      10.   All decisions and findings of the zoning board of appeals shall be final administrative determinations and shall be subject to review by the courts as provided by law. (Ord. 2013-20)

Site plan requirements shall be applied to land development within the Carbondale city limits and subject to the rules and regulations of this title.

   A.   No person shall:

      1.   Construct or place on land a new building or other structure, or substantially change, convert, or reconstruct an existing building, or other structure, private or public, other than one single-unit dwelling or one two-unit dwelling on any one "lot", parcel, or tract of land as defined in chapter 11 of this title, or amendments thereto without first securing approval of a site plan from the director of the development services department.

      2.   Develop other than a temporary use of land different from its existing state, without first securing approval of a site plan from the director of the development services department. Development of a use of land includes, but is not limited to, use for recreation, parking of vehicles on surface parking lots, parking of vehicles within "parking structures" as defined in chapter 11 of this title, or storage of materials and areas on which sales of personal property are to be conducted.

   B.   No building permit shall be issued prior to approval of the site plan except as follows: A partial building permit (such as for footings and foundations) may be issued at the direction of the development services director after the site plan has been reviewed by the development assistance committee and there is agreement that the proposed location and elevation of the building are acceptable and that some work can begin on the building while the remaining details of the site plan approval (such as parking lot layout, landscaping, lighting, etc.) are finalized.

   C.   If existing entrances, parking lots, utilities, etc., are intended to serve an area requiring a site plan, the existing conditions shall be improved in accordance with current standards and practices. (Ord. 2013-20)

A "site plan" is a plan for the use of land, including a plan for the use of the interior of a parking structure, reduced to a drawing and writing and including the basic information required by section 15.6.10.3 of this chapter. Unless the context clearly indicates otherwise, the terms in this chapter shall have the same meanings as the definitions in chapter 11 of this title. (Ord. 2013-20)

A site plan shall consist of the following basic information as is pertinent to the proposed use of the land; provided, however, that the development services director upon concurrence of the appropriate development assistance committee members may waive or lessen items of required information when it is clear that the nature of the proposed development does not necessitate provision of the information with the site plan:

   A.   Legal description of the property, address if applicable, and permanent parcel number.

   B.   Name and address of the developer and property owner(s).

   C.   Signature, registration number and address of the professional engineer, surveyor and architect who assisted in the development of the site plan in accordance with the respective licensing requirements under Illinois statutes.

   D.   Survey information including distances with angles or bearings, north points, and land area in square feet.

   E.   Plan scale not exceeding: One inch equals twenty feet (1" = 20') on twenty four inch by thirty six inch (24" x 36") sheets. Special approval may be granted for using one inch equals thirty feet (1" = 30') and/or thirty inch by forty two inch (30" x 42") sheets for large scale developments.

   F.   Zoning classification of the site plan land.

   G.   Existing and proposed contours or spot grades at no more than two foot (2') intervals. All elevations shall be expressed in feet above mean sea level.

   H.   Provide spot grades for all accessible stalls, ramps, and access routes.

   I.   Location, dimensions and area in square feet of existing buildings not to be razed.

   J.   Proposed buildings with location, dimensions, area in square feet, number of stories, and type of construction.

   K.   Distance in feet on all sides between buildings and property lines and between buildings.

   L.   Building use including number of employees or apartments or family units.

   M.   Drainage design for roof areas, parking lots and driveways, showing area for or method of disposal of surface runoff waters. Surface gradient shall be shown. A drainage certificate certifying the drainage design, including stormwater retention hydrographs and calculations, shall be submitted.

   N.   Location and use of all buildings on adjacent lands that are within twenty five feet (25') of the property line of the site plan land.

   O.   Limits and location of proposed or existing streets, sidewalks, easements, right of way, street curb cut radii, and street curb cut width.

   P.   Location, size, appurtenances, type of materials and elevation (MSL) where appropriate, of all public and private utilities serving the site. Applications for any proposed water and sewer taps should be submitted along with the site plan. If water and sewer main extensions are required, a separate drawing for each shall be submitted.

   Q.   Location and approximate diameter of proposed or existing trees and other woody stemmed plantings together with the common names of the plantings. A landscape plan shall be submitted and approved prior to planting.

   R.   Limits and location of required buffer yards designed to screen vehicle lights preventing illumination of adjoining property.

   S.   Limits, location and size of retaining walls and type of material to be used in construction.

   T.   Limits and location of parking lots, driveways, parking bays, outside storage, rubbish, recycling, and garbage areas, loading and unloading areas and surfacing and screening thereof shall be shown on the site plan.

   U.   Directions of vehicular traffic flow to, from and within the area, together with traffic control signs and markings.

   V.   A photometric plan verifying the location, height, and candlepower of all outside lighting. The plan should also include street lighting and sign lighting.

   W.   Locations of outside signs.

   X.   An erosion control plan and a completed IEPA notice of intent form may be required.

   Y.   Such other or different information as may be required by the design standards set forth hereinafter or as required elsewhere in this code.

   Z.   A site plan shall be comprised at a minimum of the following sheets:

      1.   Topographic survey.

      2.   Site plan.

      3.   Site utility plan (water, sewer, storm sewer, gas, electric, etc.).

      4.   Site grading/elevation plan.

      5.   Erosion control plan (if applicable).

      6.   Photometric and lighting plan.

      7.   Detail sheet(s). (Ord. 2013-20)

   A.   An application for site plan review shall be secured from and filed with the planning services division and/or the development services department.

   B.   Eight (8) copies of the site plan shall be filed with the application. Upon approval of the site plan a digital copy of the plan shall be submitted to the planning services division as a scalable PDF.

   C.   Within two (2) days of receipt of the application, the development services director or their designee shall submit the site plan to the development assistance committee members for review and a meeting shall be scheduled with the developer.

   D.   The development assistance committee shall review the application and recommend modifications if necessary. All necessary modifications will be put in writing and forwarded to the owner/developer within fourteen (14) days of submittal. After all the necessary items have been completed, an approval letter and eight (8) stamped approved copies of the plan will be prepared for the owner/developer's signature. Under certain zoning designations, city council approval of the final approved plan will be required.

   E.   Upon approval the owner/developer may then apply for all necessary zoning and building permits. (Ord. 2013-20)

Each initial application shall be accompanied by a fee of twenty five dollars ($25.00). (Ord. 2013-20)

   A.   It shall be the duty of the building and neighborhood services division to ensure that the approved site plan complies with all provisions of this code and state law, and that the approved site plan is followed by the owner or developer.

   B.   No substantial departure from the approved site plan shall be permitted without the express written permission of the development services director.

   C.   The building and neighborhood services division shall not issue a certificate of occupancy until he has been satisfied that the construction and development has substantially complied with the site plan.

   D.   The building and neighborhood services division may issue a temporary certificate of occupancy with the written permission of the development services director, where the approved site plan has been substantially complied with but the owner or developer is prevented from complete compliance by reason of occurrences beyond his control. Prior to issuance of the temporary certificate of occupancy, the owner or developer shall file with the finance director a corporate performance bond payable to the city and for the use of the city, in a sum deemed sufficient by the development services director to cover the cost of completion of the unfinished items required by the approved site plan. The bond shall be executed by the owner or developer and shall be approved by the city attorney. The condition of the bond shall be that if the owner or developer shall comply with the approved site plan and provide the unfinished items, and shall fully indemnify and save the city harmless from all cost and damage which it may suffer by reason of failure of the owner or developer to do so, and shall fully reimburse and repay the city all outlay and expense which it may incur in making good any default of the owner or developer, and shall pay all persons who have contracts directly with the owner or developer for labor, equipment or materials, and shall indemnify and save harmless the city from any and all costs, damage, and expense occasioned by or arising directly or indirectly out of supplying all labor, equipment or materials necessary for compliance and provisions of the unfinished items, and from all cost or charge that may accrue through the enforcing of the terms of the bond if action is brought on the bond, including reasonable attorney fees in any case where such action is successfully maintained, and will appear in and defend and pay and satisfy any final judgment, if any is obtained, in any suits or actions arising out of, supply all labor, equipment or materials necessary for compliance and provision of the unfinished items, or occasioned by any act or omission on the part of the owner or developer, their subcontractors, agents, employees and servants, then the obligation shall be null and void.

      1.   A further condition of the bond shall be that the penalty shall attach and the surety shall be liable if the owner or developer shall not have complied with the condition of the bond within six (6) months after the date of its execution.

      2.   In lieu of the performance bond heretofore described, the owner or developer may provide alternative forms of security satisfactory to the finance director, city attorney, and development services director. Said alternative form of security may include one of the following:

         a.   A deposit of noninterest bearing cash with the city refundable once the work is completed or to be used by the city to complete the work in the event the owner/developer fails to do it.

         b.   A restricted account in a financial institution in which account there are sufficient funds to complete the project. The restrictions on the account would require the city's prior concurrence that each disbursement of funds from the account is for the purpose of completing the site plan, or in the event the owner/developer fails to perform the work that the financial institution will disburse the funds to the city for the purpose of completing the work.

   E.   The land areas of a site developed pursuant to an approved site plan shall not thereafter be reduced in size, and no substantial change shall thereafter be made in the site plan or structures thereon without the express written permission of the development services director. The procedure for review and approval shall be the same as for the initial application, and a fee of twenty five dollars ($25.00) shall be paid. (Ord. 2013-20)

   A.   Appeals Of Site Plan: Any party who is denied approval of a site plan by the development services director may appeal the denial to the city manager. Likewise, any party who believes the development services director has improperly interpreted or applied the site plan requirements may appeal such decision to the city manager. The city manager shall hear the appeal within ten (10) days of receiving a written request from the affected party. The written request must clearly describe the items being appealed. No later than two (2) working days before the hearing the person requesting the appeal shall file a written statement with the city manager setting forth the reasons why the development services director's action should be reversed or modified. At the hearing the person making the appeal, persons invited by the applicant to assist in the presentation, the development services director, and appropriate members of the development assistance committee (including those upon whose recommendation the denial was made) shall be given an opportunity to present information to the city manager. The city manager shall submit his written determination on the appeal to the person submitting the appeal and to the development services director within three (3) working days of the conclusion of the appeal hearing. The development services director shall thereafter be directed by the city manager's decision. Upon application to the city council by any party who is denied approval by the development services director and subsequently by the city manager as provided for above for his site plan, the city council may review the application. If the city council finds that the proposed plan meets substantially with all the provisions of this chapter or that if modified, it would meet with the provisions of this chapter, it may recommend modification, or approve the plan. If the city council finds that the provisions of this chapter are not substantially met, it may disapprove the plan. The city council will direct, by motion, the city manager to comply with and to carry out the city council's findings.

   B.   Variance Of Site Plan: Upon application, the council may also grant a variance from the provisions of this chapter, where, owing to special conditions pertaining to a specific piece of property, a literal enforcement of the provisions or requirements of this chapter will result in practical difficulty or hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.

      1.   A request for a variance or for an appeal shall be submitted in writing through the city manager to the city council. The city council shall take action on the variance within thirty (30) days after its receipt by the city manager. The city manager shall present any appeal submitted for city council review to the city council at the first regularly scheduled city council meeting following the receipt of the appeal request provided the appeal is requested at least twenty four (24) hours prior to the distribution of the agenda materials to the city council. The city council shall take action on the appeal no later than the next regular council meeting after the city council meeting at which the appeal is initially heard. (Ord. 2013-20)

Approval of a site plan shall eliminate the need for a zoning certificate fee required by section 15.6.2 of this chapter or amendments thereto. (Ord. 2013-20)

An application for a certificate of appropriateness shall be filed with the planning services division on a form provided by the commission and shall be accompanied by such information, plans, elevations, specifications and other documents as may be required by the preservation commission. Any applicant may request a meeting with the preservation commission before submitting an application and may consult with the commission during the review of the application. (Ord. 2013-20)

   A.   The preservation commission shall review an application for a certificate of appropriateness at its next regularly scheduled meeting or within forty five (45) days of the date the application is filed, whichever comes first. In the case of a demolition permit application, a sixty (60) day stay of demolition may be granted, during which time the application must be reviewed by the certificate of appropriateness committee. In reviewing the application the preservation commission shall solely determine if the proposed work is in accordance with the design standards established for the district in which the property is located. The preservation commission shall approve the application as submitted, approve the application with modifications, deny the application, or table the application. If the applicant does not agree with the preservation commission's decision to modify an application, the application shall be denied.

   B.   The preservation commission can table an application to a subsequent meeting which shall be held within thirty (30) days and direct the planning services division to notify appropriate property owners and historic or neighborhood organizations of the pending application and the time of the meeting.

   C.   Written notice of the preservation commission's action shall be provided to the applicant within seven (7) days following the commission's determination and shall be accompanied by a certificate of appropriateness in the case of an approval. A denial of the application shall be accompanied by a statement of the reasons for denial that shall include recommendations concerning amendments to the application that would cause the commission to reconsider its denial. An application that has been denied may be resubmitted with amendments within thirty (30) days for reconsideration by the preservation commission at its next regularly scheduled meeting. (Ord. 2013-20)

   A.   The preservation commission may establish guidelines for the planning services division to determine applications for certificates of appropriateness that are clearly in accordance with the applicable design standards for the district in which the property is located and that are considered routine in nature.

   B.   The preservation commission may establish a subcommittee of three (3) members to review routine applications. The planning services division shall refer applications to the subcommittee based upon guidelines adopted by the commission for determining if an application qualifies as being routine. The subcommittee shall meet as soon as a convenient time can be arranged at which all three (3) members and the applicant can be present. The subcommittee meeting shall be open to the public and conform to the requirements of the Illinois open meetings act.

   C.   The subcommittee may approve an application as submitted or approve an application with modifications upon the unanimous vote of all three (3) members. Written notice of the subcommittee's action shall be provided the applicant within seven (7) days of the determination and shall be accompanied by a certificate of appropriateness. A copy of the notice shall also be sent to all preservation commission members with their next regularly scheduled agenda. An application not receiving the unanimous approval of the subcommittee shall be forwarded to the commission for review at the next regularly scheduled meeting or within forty five (45) days of the date the application is filed, whichever comes first. (Ord. 2013-20)

   A.   An applicant whose application for a certificate of appropriateness is denied by the preservation commission may appeal the preservation commission's decision in writing to the city council. Within thirty (30) days after receiving at a city council meeting the written appeal, the city council shall take action.

   B.   The city council may affirm or modify the decision after due consideration of the facts contained in the record submitted by the preservation commission and the denied application. The city council may receive comments on the content of the record, but no new matter may be considered by the city council, and its decision shall be based solely on a determination as to whether the proposed work is in accordance with the design standards established for the district in which the property is located. If the city council approves the application as submitted, or approves the application with modifications, the executive secretary shall notify the applicant of the approval in writing within seven (7) days following the city council's determination. The preservation commission shall receive a copy of the written notice and the executive secretary shall issue the applicant a certificate of appropriateness. If the city council concurs with the decision of the preservation commission to deny the application the city council's decision shall be final. The executive secretary shall notify the applicant and the preservation commission of the denial in writing within seven (7) days following the city council's determination. Any further appeal shall be to the courts as provided by law. (Ord. 2013-20)

   A.   An applicant whose application for a certificate of appropriateness has been denied may apply for a certificate of economic hardship within sixty (60) days of the denial. An application for a certificate of economic hardship shall include the information on the proposed work contained in the denied application for a certificate of appropriateness and shall be on a form provided by the commission. The preservation commission shall schedule a public hearing concerning the application and provide notice in the same manner as provided in subsection 15.2.5.2E of this title, except that only property owners within two hundred fifty feet (250') of the property subject to the application shall receive written notice. The public hearing shall be conducted in the same manner as specified in subsection 15.2.5.2E of this title, except that the preservation commission shall make findings of fact on the information submitted to determine economic hardship.

   B.   The preservation commission may solicit testimony or require that the applicant submit any or all of the following information before the preservation commission makes a determination on the application for economic hardship:

      1.   Estimate of cost of the proposed alteration, construction or demolition and an estimate of any additional cost that would be incurred to comply with the recommendations of the preservation commission for changes necessary for the approval of a certificate of appropriateness.

      2.   Reports from professionals with experience in rehabilitation as to the structural soundness of the structures and their suitability for rehabilitation; and in the case of a proposed demolition, the economic feasibility of rehabilitation or other use of the structure.

      3.   Estimated market value of property in current condition and after completion of proposed work, including any appraisals obtained by the applicant or owner in connection with the purchase, financing or ownership of the property.

      4.   If the property is income producing, the annual gross income of the property for the previous two (2) years, itemized operating and maintenance expenses for the previous two (2) years, and depreciation deduction and annual cash flow before and after debt service, if any, during the same time period.

      5.   Any real estate sales or rental listing or advertisement for sale or rent of the property, price asked and offers received, if any.

      6.   Any other information that the preservation commission considers necessary to determine if the property owner or owner's agent will experience an economic hardship by not being issued a certificate of appropriateness for work specified in the application.

      7.   Any plans, ideas or other considerations of the owner or owner's agent as to alternative uses of the property or alternative alterations, construction or scope of demolition work.

   C.   Within thirty (30) days after the public hearing the preservation commission shall take one of the two (2) following actions on the application and direct the planning services division to notify the applicant in writing of its decision. The commission shall either:

      1.   Deny the application; or

      2.   Delay final action for a period not to exceed ninety (90) days to investigate possible alternative plans for the property.

   D.   If the application is denied as indicated in the preceding paragraph, the applicant may appeal the decision to the city council in the same manner that is specified in section 15.6.11.4 of this chapter; provided, however, that the city council shall determine either that it concurs with the preservation commission's decision to deny the application for a certificate of economic hardship, or that the application be delayed for ninety (90) days and sent back to the preservation commission to investigate possible alternative plans for the property.

   E.   If the application is delayed the preservation commission shall investigate alternatives with the applicant that would not require a certificate of economic hardship and allow for a reasonably beneficial use of or reasonable economic return from the property, or to otherwise preserve the property. Such alternatives may include, but are not limited to: relaxing provisions of the design standards for the district in which the property is located, seeking financial assistance, recommending amending the zoning regulations, and modifying the work proposed in the application for a certificate of appropriateness. If by the end of the ninety (90) day period the preservation commission and applicant agree on an alternate plan for the property, appropriate action should be taken to implement the plan, which may include the issuance of a certificate of appropriateness. If by the end of the ninety (90) day period the commission determines that alternative plans exist that would allow for a reasonably beneficial use or reasonable economic return, but an agreement with the applicant for implementing these plans cannot be reached, then the preservation commission shall deny the application for a certificate of economic hardship.

   F.   If the application is denied as indicated in the preceding paragraph, the applicant may appeal the decision to the city council in the same manner that is specified in section 15.6.11.4 of this chapter; provided, however, that the city council shall either concur with the preservation commission's decision to deny the application, agree on an alternative plan with the applicant, or direct the planning services division to issue a certificate of economic hardship in accordance with the following paragraph.

   G.   If by the end of the ninety (90) day period the commission finds that:

      1.   No alternate plan will allow for a reasonably beneficial use of or a reasonable economic return from the property, and

      2.   The work proposed in the application will not alter the essential character of the area, and

      3.   The hardship is the result of the application of the ordinance and is not the result of any act or omission of the applicant.

The commission shall direct the planning services division to issue a certificate of economic hardship. In granting the certificate of economic hardship, the preservation commission shall prescribe any conditions that it deems necessary.

   H.   It shall be unlawful to deviate from the plans, including modifications made thereto in the certificate of economic hardship. Any relief granted by the preservation commission in issuance of the certificate of economic hardship shall be in conformance with the objectives of this section and shall be limited to the minimum requirement to affect substantial justice and shall be in harmony with the general intent and purpose of this section. (Ord. 2013-20)

Any fees associated with carrying out the intent of this section shall be established by resolution of the city council after consultation with the preservation commission. (Ord. 2013-20)

Any person with any direct or indirect interest in a piece of property in the jurisdiction may apply for an interpretation of any provision of this title as applied to that property. For purposes of this section, "indirect interest" shall be broadly construed to include tenants, contract purchasers, mortgage holders, easement holders, and owners of other property located within five hundred feet (500') of the property for which the interpretation is sought. (Ord. 2013-20)

The scope of an interpretation may include, but is not limited to:

   A.   Determination of whether a use not listed in this title is so similar to a listed use that it may be allowed where the listed use is allowed;

   B.   Determination of how to apply the dimensional standards of this title to a particular piece of property;

   C.   Determination of what part of a lot is the front yard;

   D.   Interpretation of the location of a district boundary line on the zoning map;

   E.   Definition of a word or clarification of the definition of a word. (Ord. 2013-20)

   A.   Application: An application for interpretation may be filed on a form provided by the planning services division or by letter addressed to the development services director.

   B.   Review: Within five (5) business days of the receipt of a request for interpretation, development services director shall do one of the following:

      1.   If the request is unclear, return it to the applicant with a specific request for additional information.

      2.   If the request is clear,

         a.   Provide to the applicant and, if not the applicant, to the record owner of the property, a written interpretation; or

         b.   Refer the matter to the zoning board of appeals, where it should be considered as an administrative appeal under subsection 15.6.9.1A of this chapter. (Ord. 2013-20)

Unless overturned on appeal, an interpretation shall be considered definitive and binding as to the specific issue and the specific piece of property. (Ord. 2013-20)

A person aggrieved by an interpretation under this section may appeal it in accordance with subsection 15.6.9.1A of this chapter. (Ord. 2013-20)

Any community organization or person may register for notifications through the neighborhood notification program. Registered contacts will receive notification of all upcoming public hearings and development related items that will be considered before the planning commission, zoning board of appeals, preservation commission, or the city council. Notification shall be given within five (5) days of the receipt of any application or submittal that requires public review. Each notification shall include the date, time, and location of any public meeting for which an item will be considered. Persons desiring to register for the program must contact the planning services division. (Ord. 2013-20)