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Carbondale City Zoning Code

CHAPTER 9

REDEVELOPMENT

15.9.1: LEGISLATIVE DECLARATION OF PURPOSE:

It is hereby determined and declared that there exist certain areas within the city where improved and vacant lands because of the presence of one or more of the following factors are detrimental to the public health, safety, morals and welfare: dilapidation; obsolescence; deterioration; illegal or nonconforming use of existing structures; excessive vacancies; overcrowding of structures and community facilities; lack of adequate ventilation, light or sanitary facilities; inadequate utilities; excessive land coverage; deleterious land use or layout; depreciation of physical maintenance; obsolete platting of l and; diversity of ownership of land; and deterioration of structures or site improvements in neighboring areas adjacent to vacant lands. As a result of the existence of these conditions, these areas result in a disproportionate expenditure of public funds, inadequate public and private investment, marketability of property, growth in delinquencies and crime, ordinance violations, abnormal exodus of families and businesses so that the decline of these areas impairs the value of private investments, threatens the sound growth and the tax base of the city, increases unemployment, and threatens the public health, safety, morals and welfare. These conditions need to be eradicated, conservation measures instituted and the development and redevelopment of such areas undertaken. The eradication and the elimination of these conditions in such areas and the construction and redevelopment and development projects in areas by private capital with financial assistance from the city is hereby declared to be a public use essential to the public interest. (Ord. 2013-20)

15.9.2: DESIGNATION OF DISTRICTS:

   A.   Any person may propose that an area be designated as a redevelopment or development district or propose that an amendment be made to existing district boundaries by first submitting a proposal for the same to the city manager for study and review.
   B.   After review by the city manager, the proposal shall be submitted to the planning commission. The planning commission shall conduct at least one public hearing concerning the proposal. Notice shall be given of the date, time and place of the public hearing not more than thirty (30) days nor less than fifteen (15) days before the public hearing before the planning commission by publishing a notice thereof at least once in one or more newspapers in general circulation in the city.
   C.   The city manager or the city manager's designee shall, not more than thirty (30) days nor less than fifteen (15) days before the public hearing before the planning commission, serve written notice either in person or by certified mail, return receipt requested, on the owners as appears from authentic tax records of the county or counties in which the district is proposed to be located, of all property located within the proposed redevelopment or development district, or if an amendment to existing boundaries is proposed, of all property located within the area proposed to be added or deleted. The notice herein required shall state the nature of the proposal, a general description of the boundaries or a general description of the proposed amendment to existing boundaries, the date, time and place of the public hearing if, after a bona fide effort to determine property owner addresses, the owners of the property upon which notice is to be served cannot be found at the last known address, or the mailed notice is returned because the owner cannot be found at the last known address, the notice requirements of this section shall be deemed to have been met. Furthermore, if ownership of a property has been changed, but has not been properly recorded on the tax records of the county or counties, notice to the person(s) recorded on the county tax records as owner shall be deemed to meet the requirements of this section.
   D.   As a result of the public hearing, the planning commission shall make findings of fact and a recommendation concerning the proposal to the city council.
   E.   The city council may adopt, decrease in size or reject the proposal by resolution of the city council.
   F.   The city council shall establish fees and charges for applications to amend the district boundaries and other matters pertaining to this chapter. A schedule of fees shall be posted in the office of the director of development services of the city and may be altered or amended by resolution by the city council. Until all applicable fees and charges have been paid in full, no action shall be taken on any application. (Ord. 2013-20)

15.9.3: DESIGNATION OF PROJECTS:

   A.   Any person may propose a redevelopment or development project. Each such proposal shall be submitted to the city manager for study and review and shall contain at a minimum the following information: a statement concerning the manner in which the project will lead to redevelopment or development of the project area, a statement concerning the specific manner in which the purposes of this chapter will be served, the estimated itemized total project cost, the proposed method of financing the project, including any proposed expenditures by the city which the project may require and any proposed use of the city's corporate powers which the project may require.
   B.   After study and review by the city manager, the proposal shall be submitted to the city council. The city council may reject or designate in whole or in part any such project as a redevelopment or development project. (Ord. 2013-20)

15.9.4.1: GENERALLY:

The city council may designate a particular area within a redevelopment or development district as a targeted project area and authorize the city manager to solicit redevelopment or development project proposals for said targeted project area. The city council may establish a deadline for submission to the city manager of redevelopment or development proposals for targeted project areas. (Ord. 2013-20)

15.9.4.2: SUBMISSION OF MORE THAN ONE PROJECT FOR AN AREA:

   A.   If more than one proposal is submitted to the city manager for redevelopment or development of a targeted project area, the city council before taking action shall consider each proposal submitted and may reject all proposals or designate in whole or in part any such project as a redevelopment or development project.
   B.   If more than one proposal is submitted to the city manager for the same or partially the same project area that is not included in a targeted project area for which a deadline for submission of proposals has been established, the city council may consider and act upon each proposal in order of submission or may consider all proposals submitted and may reject all proposals, or designate in whole or in part any such project as a redevelopment or development project. (Ord. 2013-20)

15.9.5: REDEVELOPMENT OR DEVELOPMENT POWERS:

   A.   The city council may exercise, in connection with any redevelopment or development project, any of the powers granted to it hereafter by the laws and the constitution of the state, including, but not limited to, the following:
      1.   Acquire, manage, convey or otherwise dispose of real and personal property acquired pursuant to the provisions of a redevelopment or development project;
      2.   Apply for and accept grants and loans from the United States and the state of Illinois, or any instrumentality of the United States or the state, for redevelopment or development purposes;
      3.   Borrow funds as it may be deemed necessary for the purpose of redevelopment or development and in this connection issue such obligation or revenue bonds as it shall be deemed necessary;
      4.   Enter into contracts with any public or private agency or person;
      5.   Sell, lease, trade or improve such real property as may be acquired in connection with a redevelopment or development project;
      6.   Employ all such persons as may be necessary for the planning, administration and implementation of redevelopment or development projects;
      7.   Exercise the use of eminent domain for the acquisition of real and personal property for the purpose of redevelopment or development projects;
      8.   Expend such public funds as may be necessary for the planning, execution and implementation of redevelopment or development projects;
      9.   Install, repair, construct, reconstruct or relocate streets, utilities and site improvements essential to the redevelopment or development district for use in accordance with a redevelopment or development project.
   B.   The powers specifically listed in this chapter are in addition and supplemental to, and the limitations imposed by this chapter shall not affect, the powers conferred, authorized or granted by any law, ordinance or constitution of the state. Projects may be acquired, purchased, constructed, reconstructed, improved, bettered, equipped, extended and financed, and bonds may be issued under this chapter for such purposes, notwithstanding that any law or any other ordinance may provide for the acquisition, purchase, construction, reconstruction, improvement, equipping, betterment, extension, and financing of a like project, or the issuance of bonds for like purposes and without regard to the requirements, restrictions, limitations or other provisions contained in any law or any other ordinance. (Ord. 2013-20)

15.9.6: EXEMPTION FROM BIDDING REQUIREMENTS:

The designation of redevelopment or development projects and the disposition of real or personal property by the city in connection with a designated redevelopment or development project shall not be subject to any requirements relating to public buildings, structures, grounds, works, or improvements imposed by the Illinois Compiled Statutes or any other ordinance, or any other similar requirement which may be lawfully waived; and any requirement for competitive bidding or restriction imposed on the procedure for award of contracts for such purposes or the lease, sale or other disposition of property by the city is not applicable to any action taken under authority of this chapter. (Ord. 2013-20)