(A)   The primary administration of this Title is hereby vested in five (5) offices of the government of the City as follows:

      City Council.

      Plan Commission.

      Planning and Development Committee.

      Zoning Enforcement Officer.

   (B)   This Section shall first set out the authority of each of these five (5) offices, and then describe the procedure and substantive standards with respect to the following administrative functions:

      1.   Site plan review.

      2.   Issuance of occupancy certificates.

      3.   Variations.

      4.   Appeals.

      5.   Amendments.

      6.   Special uses.

      7.   Fees.

      8.   Penalties. (Ord. 0-03-00, 4-3-2000; amd. Ord. O-01-25, 1-20-2025)

   (A)   Jurisdiction: The City Council shall retain the following duties and responsibilities under this Title:

      1.   Take final action on all applications for amendments to the Zoning Title text or map, and special uses, after the public hearing held by the Plan Commission and the recommendation of the Planning and Development Committee;

      2.   Take final action on all variations, after the public hearing held by the Plan Commission;

      3.   Take action on applications for temporary buildings, structures, and uses of land; and

      4.   Receive and act upon all reports on the effectiveness of this Title along with recommendations for changes.

   (B)   Final Actions By City Council: All decisions and findings of the City Council related to this Title shall, in all instances, be the final legislative decision and shall be subject to judicial reviews as by law may be provided. (Ord. 0-03-00, 4-3-2000; amd. Ord. O-01-25, 1-20-2025)

   (A)   Creation: The Director of Community Development shall be the Zoning Enforcement Officer, and shall have the authority to enforce the provisions of this Title.

   (B)   Jurisdiction: The Zoning Enforcement Officer and such deputies or assistants as have been, or shall be, duly designated by the Zoning Enforcement Officer shall enforce this Title, and in addition thereto, and in furtherance of such authority shall:

      1.   Determine conformance of applications with regulations of this Title;

      2.   Issue all certificates of occupancy and make and maintain records thereof;

      3.   Conduct inspections of buildings, structures, and use of land to determine compliance with the terms of this Title;

      4.   Issue violation notices, and advise persons found in violation of their right of appeal;

      5.   Revoke any permit which was unlawfully issued and require that all construction work of any type be stopped when such work is not in compliance with this Title; provided, that the owner or owners, agents, or person in charge of the construction site be given notice twenty four (24) hours prior to such stoppage except in case of an emergency endangering the health, safety, and welfare of the City;

      6.   Maintain permanent and current records of the administration and enforcement of this Title, including, but not limited to, applications, processing, and decisions for all amendments, variations, and appeals, and designate on the Zoning District Map each amendment and special use granted by the City Council;

      7.   Register and issue permits for all nonconforming buildings, structures, and uses;

      8.   Review and approve or deny, all applications for nonlisted uses;

      9.   Forward to the Planning and Development Committee all applications for special uses, companion variations, amendments to this Title, appeals, variations, or other matters on which the Planning and Development Committee is required to review under this Title;

      10.   Forward to the Plan Commission, all applications for special uses, companion variations, amendments to this Title, or other matters on which the Plan Commission is required to review under this Title;

      11.   Forward to the Plan Commission all applications for appeals, variations, or other matters on which the Plan Commission is required to review under this Title;

      12.    Forward pertinent applications to appropriate staff members and other governmental agencies for review;

      13.    Periodically initiate and review the provisions of this Title and the administrative records and make a report of recommendations to the City Council not less frequently than once a year; and

      14.    Provide such technical assistance as may be required by the Plan Commission in the exercise of their duties. (Ord. 0-03-00, 4-3-2000; amd. Ord. O-01-25, 1-20-2025)

   (A)   Creation: A Planning, Zoning and Economic Development Commission is hereby established. The Commission shall consist of seven (7) members, appointed by the Mayor, with the advice and consent of the City Council, who shall serve without salary. One member of the Commission may live outside of the City, but shall be a member of the Darien business community.

   (B)   Initial Appointments: Initial appointments to the Commission shall be as follows:

      1.   Three (3) members shall be appointed for a term ending April 30, 2028.

      2.   Two (2) members shall be appointed for a term ending April 30, 2027.

      3.   Two (2) members shall be appointed for a term ending April 30, 2026.

      4.   Thereafter, all appointments shall be made for three (3) year terms. Annually, one of the members of the Commission shall be designated as chairperson by the Mayor, with the advice and consent of the City Council.

      5.   Commission vacancies shall be served for the unexpired term of the member whose position has become vacant in the manner provided for the appointment of such member.

      6.   Commission members may be removed by the Mayor subject to disapproval by the City Council as provided by Section 3.1-35-10 of the Illinois Municipal Code.

   (C)   Jurisdiction: The Commission shall discharge the following duties:

      1.   Review all applications for amendments to the Zoning Ordinance (text or map) and for special uses, hold public hearings thereon, and report its findings and recommendations to the Planning and Development Committee and City Council;

      2.   Review all applications for companion variations made as a part of a petition for an amendment, annexation, special use, and/or plat application, hold hearings thereon, and report findings and recommendations to the Planning and Development Committee and City Council;

      3.   Initiate, direct, and review, from time to time, studies of the provisions of the Zoning Ordinance, and make reports of its recommendations relative to proposed amendments to the Planning and Development Committee and City Council;

      4.   Initiate, review, and make recommendations to the Planning and Development Committee and City Council regarding amendments to the Comprehensive Plan and the Official Map;

      5.   Review and make recommendations to the Planning and Development Committee and City Council regarding proposed plats of subdivisions within the territorial jurisdiction of the City;

      6.   From time to time, make recommendations to the City Council regarding potential actions and programs which will preserve and foster economic development in the City.

      7.   Identify potential economic incentives which may be offered to businesses.

      8.   Act on all other matters which are referred to it, from time to time, or as required by the provisions of the Zoning Ordinance; and

      9.   Keep records of its meetings, hearings, findings, recommendations, and reports.

   (D)   Meetings And Rules: The Commission shall meet on the first and third Wednesday of each month. All other meetings of the Commission under this Chapter shall be held at the call of the chairperson or of any three (3) members of the Commission and at such other times as the Commission may determine. All hearings conducted by said Commission under the authority conferred by this Chapter shall be open to the public and shall be announced as provided by law. In all proceedings of the Commission provided for in this Chapter, the chairperson, and in the chairperson's absence, the acting chairperson, shall have the power to administer oaths. The Commission shall keep minutes of its proceedings, showing the vote, of each member upon each question, or if absent or failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions. No hearing shall be conducted without a quorum of the Commission being present. A quorum shall consist of a majority of all members then in office. However, fewer than the number of members necessary to establish a quorum may recess a meeting to another specific date and time. No final action shall be taken on any measure before it, except with the concurrence of a majority of the members then in office. A copy of every rule or regulation, every amendment and special use, and every recommendation, order, requirement, decision, or determination of the Commission under this Chapter shall be filed immediately in the office of the City Clerk and shall be public record. The Commission may adopt its own rules and procedures, not in conflict with this Chapter or with applicable Illinois statutes. The members of the Commission shall elect an acting chairperson, who shall serve in the absence of the chairperson and may select or appoint such persons authorized to be employed by the City Council who shall be deemed necessary for the proper discharge of the powers and duties conferred upon the Commission under this Chapter.

   (E)   Recommendations Of The Commission: All recommendations of the Commission, upon any application for a text or map amendment, special use, companion variations, or upon any other matter, after a public hearing, shall, in all instances, be advisory in nature and shall be subject to final consideration, evaluation, and determination by the City Council. (Ord. 0-03-00, 4-3-2000; amd. Ord. O-01-25, 1-20-2025)

(Rep. by Ord. O-01-25, 1-20-2025)

   (A)   Creation: The planning and development committee, a standing committee of the city council, is authorized to be established in title 1, chapter 5 of this code.

   (B)   Jurisdiction: The planning and development committee is hereby vested with the jurisdiction, authority, and duties under this title to hear, consider, and make recommendations to the city council for any recommendation pertaining to this title forwarded to it by the plan commission, zoning board of appeals, or zoning enforcement officer.

   (C)   Meetings And Rules: The planning and development committee shall meet the second Monday of every month. All other meetings of the planning and development committee shall be held at the call of the chairperson. All meetings shall be open to the public and shall be announced as provided by law. The planning and development committee shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact. No meeting shall be conducted without a quorum of the committee being present. A quorum shall consist of two (2) members. Minutes of committee meetings must be recorded with approved minutes being distributed to the city council. A copy of every rule or regulation, every amendment and special use, and every recommendation, order, requirement, decision, or determination of the planning and development committee under this chapter shall be filed immediately in the office of the city clerk and shall be a public record. The planning and development committee may adopt its own rules and procedures, not in conflict with this chapter or with applicable Illinois statutes. (Ord. 0-19-05, 7-18-2005; amd. Ord. O-01-25, 1-20-2025)

   (A)   Intent: The city recognizes that the very nature of land development creates potential for traffic congestion, overcrowding, adverse environmental impacts, and health related problems. To ensure that the details of developing commercial, office, research, and industrial areas for authorized uses will be such that the operation of the uses will not offend the public interest, will be compatible and be planned in conformity with surrounding uses and will not adversely affect the flow of traffic within the community, a site plan shall be submitted for approval by the corporate authorities, after review by the zoning enforcement officer. Site plan reviews shall help ensure compliance with the meaning and intent of the zoning ordinance, and all portions thereof.

   (B)   Applicability: All applications involving an increase in square footage (except for detached single-family dwellings) shall be subject to site plan review approval in accordance with the provisions established herein. Applications for site plan approval which include requests for map amendments, variations, special uses, or subdivision approval, are processed concurrently with the map amendment, variations, special uses, or subdivision approval.

   (C)   General Procedures And Submittal Information: Prior to the filing of a formal application for site plan approval, the petitioner may be required to meet with the zoning enforcement officer. The zoning enforcement officer may require the submittal of a site plan, plat of survey, or similar information for any proposed development or approval related to the administrative functions described in this title. All required site plans, plats of survey, and other required information shall conform to the requirements of this title. The following plans may be required by the zoning enforcement officer:

      1.   Plats Of Survey: Plats of survey must indicate all existing conditions and shall be signed and sealed by an Illinois registered land surveyor.

      2.   Site Plans: All required site plans shall be prepared by either a licensed architect, a licensed landscape architect, a registered land surveyor, a licensed engineer, or a professional land planner. The site plan shall be in conformance with all appropriate city ordinances. At a minimum, said site plan shall include the following information:

         (a)   Lot dimensions.

         (b)   All buildings and structures, existing and proposed.

         (c)   Easements, including location, width and purpose of existing and proposed easements.

         (d)   Yards and spaces between buildings.

         (e)   Walls and fences.

         (f)   Vehicular, pedestrian, and service access, including the distance from the driveway opening at the curb to the prolongation of the property line of the nearest intersection street, the width of the driveway at the property line, the curb radius on each side of the driveway, identification and location of curb lines, property lines, sidewalks, existing driveways, bus zones, parking regulations and signs, traffic signals, utility poles, parkway meters, light standards, and fire hydrants.

         (g)   Off street parking and loading facilities, including number of spaces and dimensions of parking areas.

         (h)   Location of outdoor storage and activities, if allowed.

         (i)   Location of refuse disposal facilities.

      3.   Final Engineering Plans: All required engineering plans shall be prepared by a licensed engineer, and shall be in conformance with all appropriate city ordinances. Detailed plans shall be submitted for the design, construction, or installation of site amenities; including buildings, landscaping, lakes, sewer, water, storm water and floodwater control, street facilities, and other site improvements, including specifications. Said plans shall include drainage and grading plans and utility plans. When required by Title 6B, Chapter 1 of this Code, applicable storm water calculations, wetland delineation, and flood plain delineation are required with site plan approval.

      4.   Landscape Plans: All required landscape plans shall be prepared by either a licensed architect, a licensed landscape architect, a licensed land surveyor, a licensed engineer, or a professional land planner and shall be in compliance with Section 5A-10-10 of this Title.

      5.   Sign Plan: Sign plans shall be submitted in compliance with the Darien Sign Ordinance (Title 4, Chapter 3 of this Code).

      6.   Building Elevations: Building elevations.

      7.   Photometric Plans: Photometric plans including location, size, height, and method of illumination.

      8.   Traffic Study: If deemed necessary by the Zoning Enforcement Officer, a traffic study shall be required. A traffic analysis providing information on the adequacy of the local transportation and thoroughfare system to handle anticipated traffic volumes generated by the development, on potential traffic hazards and points of friction caused by the proposed development, and on the proposed road improvements deemed necessary to service the development, and an analysis of the adequacy of the internal vehicular circulation pattern.

   (D)   Variations And Appeals: All requests for a building permit which vary in any way from the required site plan standards shall be required to follow the variation procedure outlined in Section 5A-2-2-3 of this Chapter. An applicant may contest decisions of the Zoning Enforcement Officer following the appeals procedure outlined in Section 5A-2-2-4 of this Chapter. (Ord. 0-03-00, 4-3-2000)

   (A)   Authority: No land shall be occupied or used for a new use, and no building hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever, until a certificate of occupancy shall have been issued by the Zoning Enforcement Officer stating that the building complies with all the applicable ordinances of the City. No change of use shall be made in any building or part thereof, now or hereafter erected or altered, without a certificate of occupancy having been issued by the Zoning Enforcement Officer, and no certificate of occupancy shall be issued to make such change, unless it is in conformity with the provisions of this Title and amendments thereto.

   (B)   Application For A Certificate: Every application for a certificate shall be filed with the Zoning Enforcement Officer and shall be accompanied by such information as may be required by the Zoning Enforcement Officer for the proper enforcement of this Title. Every application for a certificate for an industrial use shall have affixed to it the certificate of a licensed professional engineer licensed with the State of Illinois, certifying that the building or structure, and the proposed use thereof, complies with all of the provisions of this Title respecting performance standards for industrial and similar uses as specified in Chapter 12 of this Title. It shall be deemed a violation of this Title for any person to falsely certify as to the compliance of submitted plans and documents with said performance standards.

   (C)   Issuance: Certificates of occupancy and compliance shall be applied for coincident with the application for a building permit, if one is required, and shall be issued, or written notice shall be given to the applicant stating the reasons for a denial of such certificate, within twenty one (21) days after the erection or alteration of such building has been completed, or twenty one (21) days after the application for a certificate was filed if only a change in use without any building alterations or new construction was applied for, or within such further period as may be agreed to by the applicant. A record of all certificates shall be kept on file in the office of the Zoning Enforcement Officer and copies shall be furnished on request to any person having proprietary or tenancy interest in the building affected. (Ord. 0-03-00, 4-3-2000)

   (A)   Authority: In cases where there are practical difficulties or particular hardships in the way of carrying out the strict letter of any of the regulations adopted by this Title, the City Council may, by ordinance, determine and vary the application of such regulations in harmony with their general purpose and intent, and in accordance with the general or specific rules herein contained; provided, however, that a variation shall be granted or denied by the City Council only after a public hearing before the Plan Commission as provided herein, with the following exceptions:

      1.   Simple Variations:

         (a)   Applicability: The Plan Commission may grant variations of the Zoning Ordinance with a public hearing, but without requiring approval of the City Council in certain situations. This authority applies only to single lot variation requests for existing single-family detached homes on detached single-family residential lots where all other provisions of this Code are met, and is limited by the following conditions:

            (1)   May reduce required front yard by no more than ten percent (10%).

            (2)   May reduce required interior side yard to a minimum of seven and one-half feet (7.5').

            (3)   May reduce required corner side yard by no more than ten percent (10%).

         (b)   Notification Of Surrounding Property Owners: All properties within one hundred twenty five feet (125') shall be notified by mail of the date, time, and simple variation being requested.

         (c)   Action By The Plan Commission: All such variation requests will be heard at a regular meeting of the Plan Commission. The Plan Commission shall have final authority on simple variations.

   (B)   Initiation: An application for a variation may be made by any person, firm, or corporation, being the owner, lessee, or contract purchaser of the subject property.

   (C)   Application: If deemed necessary by the Zoning Enforcement Officer, a preapplication meeting with the Zoning Enforcement Officer is required prior to the City accepting an application for a variation. The Zoning Enforcement Officer may solicit the input of the appropriate staff members and other governmental agencies. An application for a variation shall be filed in writing with the Zoning Enforcement Officer, with a copy to the City Clerk, in such forms and containing such information as the Plan Commission may from time to time prescribe. No application shall be accepted by the City for processing until all the required documentation has been submitted by the applicant. If the application is deemed incomplete, the Zoning Enforcement Officer shall notify the applicant in writing, with a copy to the City Clerk, specifying the information and documentation that must be submitted by the applicant to complete the application. If the application is deemed complete, the Zoning Enforcement Officer shall notify the applicant that the City has accepted the application and shall forthwith process and forward the application to the Plan Commission, as provided herein, for review and public hearing with a copy of such application forwarded to the City Council for their information at its next regular meeting. Any changes in the application made by the applicant, whether initiated by the applicant or at the request of the City, shall be submitted to the Plan Commission via the Zoning Enforcement Officer no later than two (2) weeks prior to the scheduled date of the public hearing. Any change not submitted by that time may be accepted by the Plan Commission, at their discretion, by majority vote or the application may be recommended for continuation to a future meeting.

   (D)   Action By The Plan Commission: The Plan Commission shall hold a public hearing within forty five (45) days after the date the application was deemed complete. Notice of all public hearings conducted by the Plan Commission, wherein an application for a variation is to be considered, shall be published at least once, not more than thirty (30) nor less than fifteen (15) days before said hearing in one or more newspapers with a general circulation within the City. A public hearing once commenced may be continued from time to time with the approval of the applicant. Where the date, place and time of the next hearing is announced at the close of the last hearing, no further notice of the next hearing need be made; otherwise, notice of the date, place and time of the new hearing must be made in the manner provided by law. Where the applicant objects to a continuance, only one further continuance of not more than fourteen (14) days shall be allowed. The Plan Commission shall, within thirty (30) days after the close of the public hearing, transmit a written report giving its findings and recommendations to the City Council. If no report is filed within this time period and no time extension is granted by the City Council, the application shall be deemed to have received a recommendation of denial. Provided, however, that if at any time after the commencement of the public hearing the City Council has required by motion that the Plan Commission close the public hearing and present a written report containing findings and recommendations no later than forty five (45) days from the date of the motion, the Commission shall be so required, and failure to file such report within the forty five (45) days shall be deemed a recommendation to deny the application. The Plan Commission may recommend that the city council impose such conditions and restrictions upon the premises as may be necessary to comply with the standards established in this section and the objectives of this title, and other ordinances of the city.

   (E)   Action By The Planning And Development Committee: Upon receipt of the recommendation of the Plan Commission, the planning and development committee may recommend that the city council impose such conditions and restrictions upon the premises as may be necessary to comply with the standards established in this section and the objectives of this title, and other ordinances of the city.

   (F)   Action By The City Council:

      1.   The city council, by motion, may require the close of the public hearing and the presentation of a report containing findings and recommendations no later than forty five (45) days after the date of the motion. In the event that no report is filed with the city council within the forty five (45) days, the application shall be considered as having received a recommendation of denial.

      2.   The city council, after receiving the report of the Plan Commission, or, if no report is received, after the time period allowed to file such report has elapsed, and without further public hearing, may grant or deny the proposed variation or may refer the matter back to the Plan Commission for further consideration. The commission shall, within the time period stipulated by the city council in its communication or, if no time period is so stipulated, no later than thirty (30) days from the date of referral by the city council, transmit a written report to the city council. If no report is received by the city council within the stipulated time period and no further time extension is granted, the application shall be deemed to have received a recommendation of denial. Every variation which is granted shall be accompanied by findings of fact specifying the reason or reasons for making the variation. Any proposed variation which fails to receive the approval of the zoning board of appeals or plan commission shall not be passed except by the favorable vote of two-thirds (2/3) of the city aldermen then holding office.

      3.   If an application for a variation is not acted upon finally within ninety (90) days of the date upon which such application is initially returned to the city council from the Plan Commission, it shall be deemed to have been denied. However, if the applicant requests of the city council that the ninety (90) day time period be extended, the city council may postpone its final action on the application until the expiration of the time extension requested. If the application is not acted upon within the time extension period and no further extensions are requested by the applicant and used by the city council, the application shall be deemed to have been denied.

      4.   The city council may impose such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards established in this section and the objectives of this title and other ordinances of the city. In all cases in which variations are granted, the city council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be, complied with, including, but not limited to, the acceptance in writing of the owner of the property involved and other interested parties of the conditions and guarantees set forth within the ordinance granting the variation. A copy of the ordinance bearing the acceptance may be recorded in the office of the county recorder of DuPage County. The acceptance shall be in approximately the following form:

(Ord. 0-03-00, 4-3-2000)

   (G)   Criteria:

      1.   Eligibility: The City may grant variations to any provision of this title, except for variations to the "non-conforming buildings, structures, and uses" provisions, which are in chapter 4 of this title, and the "permitted uses" and "special uses" provisions of each zoning district, which are in chapters 7, 8, and 9 of this title.

      2.   State Decision Criteria: The City may grant variations only if the finding-of-fact supports each of the following, as required by the Illinois Municipal Code, sections 11-13-4 and 5.

         (a)   The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the zone.

         (b)   The plight of the owner is due to unique circumstances.

         (c)   The variation if granted will not alter the essential character of the locality.

      3.   City Decision Criteria: The City may grant variations based on the finding-of-fact that supports the following criteria outlined below by the City to be the most relevant to the subject property situation.

         (a)   Essential Need: The owner would suffer substantial difficulty or hardship and not mere inconvenience or a decrease in financial gain if the variation is not granted.

         (b)   Problem With Property: There is a feature of the property such as slope or shape or change made to the property, which does not exist on neighboring properties, which makes it unreasonable for the owner to make the proposed improvement in compliance with this title. Such feature or change was not made by the current owner and was not known to the current buyer at the time of purchase.

         (c)   Smallest Solution: There is no suitable or reasonable way to redesign the proposed improvements without incurring substantial difficulty or hardship or reduce the amount of variation required to make such improvements.

         (d)   Create Neighbor Problem: The variation, if granted, will not cause a substantial difficulty, undue hardship, unreasonable burden, or loss of value to the neighboring properties.

         (e)   Create Community Problem: The variation, if granted, may result in the same or similar requests from other property owners within the community, but will not cause an unreasonable burden or undesirable result within the community.

         (f)   Net Benefit: The positive impacts to the community outweigh the negative impacts.

         (g)   Sacrifice Basic Protections: The variation, if granted, will comply with the purposes and intent of this title set forth in subsection 5A-1-2(A) of this title and summarized as follows: to lessen congestion, to avoid overcrowding, to prevent blight, to facilitate public services, to conserve land values, to protect from incompatible uses, to avoid nuisances, to enhance aesthetic values, to ensure an adequate supply of light and air, and to protect public health, safety, and welfare. (Ord. 0-02-19, 1-21-2019)

   (H)   Revocation Of A Variation:

      1.   A variation granted by the City Council shall be subject to revocation in the manner provided hereinbelow under any of the following circumstances:

         (a)   Failure to obtain a building permit within six (6) months from the date of the ordinance granting the variation.

         (b)   Failure to start construction for the alteration or erection of the building or to commence the use within six (6) months from and after the date of the granting of the building permit.

         (c)   Failure to carry the construction work forward expeditiously with adequate forces for a period of six (6) months out of any twelve (12) month period.

         (d)   Following the issuance of occupancy permits, abandonment, or other failure to utilize the property for the purposes permitted by the variation for a period of two (2) months out of any consecutive six (6) month period.

         (e)   Destruction of or damage to the property by fire, collapse, explosion, casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence exceeds fifty percent (50%) of the fair market value of the building or structure at the time of destruction or damage.

         (f)   Destruction of or damage to the property by fire, collapse, explosion, casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence does not exceed fifty percent (50%) of the fair market value of the structure or damage, if restoration is not started within six (6) months from the date of partial destruction, restoration does not proceed and ceases for any period of sixty (60) days or the completion is not accomplished within twenty four (24) months from the date of partial destruction.

         (g)   Where changed circumstances or experience derived from the exercise of the variation previously granted indicates that the continuation of the variation does not carry out the goals of this title. Provided, however, that any variation so withdrawn may continue to exist until abated under the provisions of chapter 4 of this title.

         (h)   Upon written application, the City Council may authorize extensions of any time period specified hereinabove at any time prior to the expiration of such time period, but each such extension shall not exceed six (6) months at a time.

      2.   Upon written application by any person, the Plan Commission, or the City Council, following the happening of any of the conditions specified in subsection (H)1 of this Section, the Plan Commission shall hold a public hearing with regard to whether any of the conditions described in subsection (H)1 of this Section exist and whether on account of such conditions and other circumstances the variation shall be revoked. Public notice of such hearing shall be given by newspaper publication and the legal owner of record of the subject property shall be notified by certified mail, return receipt requested. The hearing shall otherwise be conducted in accordance with the procedures required by statute and by Section 5A-2-3 of this Chapter.

      3.   Following such hearing, the Plan Commission shall prepare written findings of fact and its recommendations regarding the continuation or revocation of the variation. Such findings and recommendations shall be transmitted forthwith to the Planning and Development Committee for a recommendation and then to the City Council for final action. The City Council, after receiving such findings and recommendations, or after the time period to file such recommendations has elapsed, may either continue or revoke the variation. (Ord. 0-03-00, 4-3-2000; amd. Ord. O-01-25, 1-20-2025)

   (A)   Authority: The Plan Commission shall hear and decide appeals from any administrative order, requirement, decision, or determination made by the Zoning Enforcement Officer or other authorized official of the City having jurisdiction under this Title.

   (B)   Initiation:

      1.   An appeal may be taken to the Plan Commission by any person aggrieved by an administrative order, requirement, decision, or determination under this Title by the Zoning Enforcement Officer or other authorized official of the City having jurisdiction under this Title.

      2.   An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Plan Commission, after the notice of appeal has been filed, that by reason of facts stated in the certificate, a stay would, in the officer's opinion, cause peril to life or property. In this event the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Plan Commission to whom the appeal is taken, and on due cause shown.

   (C)   Application: An appeal must be taken within forty five (45) days after the decision of the action complained of, by filing with the Zoning Enforcement Officer and with the Plan Commission a notice of appeal specifying the grounds thereof. The Zoning Enforcement Officer shall forthwith transmit to the City Clerk all of the papers constituting a record upon which the action appealed from was taken. The City Clerk shall process and forward the application for appeal to the Plan Commission for review and hearing and to the City Council for their information at its next regularly scheduled meeting.

   (D)   Action By The Plan Commission:

      1.   The Plan Commission shall hold a hearing at a reasonable time and place, within fifteen (15) days from the date the appeal was forwarded to it by the City Clerk, and shall give notice thereof to the parties, including the appellant, the Zoning Enforcement Officer, the Mayor, and any other affected party who has requested in writing to be so notified. Such hearing shall not be continued more than once without the consent of the applicant, and in that event, for no more than seven (7) days.

      2.   The Plan Commission shall decide the appeal and forward a report of their decision to the applicant and to the City Council within fifteen (15) days after the close of the hearing. The Plan Commission may reverse or affirm, wholly or partly, or may modify the order, requirement or decision or determination as in its opinion ought to be made on the premises and to that end has all the powers of the official from whom the appeal is taken.

      3.   All final administrative decisions of the Plan Commission under this Section shall be subject to judicial review pursuant to the provisions of the Administrative Review Act. (Ord. 0-03-00, 4-3-2000; amd. Ord. O-01-25, 1-20-2025)

   (A)   Authority; Declaration Of Public Policy: For the purpose of promoting the public health, safety, and general welfare, conserving the value of property throughout the community, and lessening or avoiding congestion in the public streets and highways, the City Council may, from time to time, after a public hearing thereon by the Plan Commission, and subject to the procedure provided in this Section, amend the regulations imposed in the districts created by this Title (a "text amendment"), amend district boundary lines (a "map amendment"), or grant district designations to lands newly annexed; provided, however, that if no specific designation is given to land newly annexed, that land shall automatically be given the R-1 District designation. In all amendatory ordinances adopted under the authority of this Section, due allowance shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantage of the entire community, and the uses to which property is devoted at the time of the adoption of such amendatory ordinance.

   (B)   Initiation: Amendments may be proposed by any governmental body or any interested person or organization, with the exception of map amendments which may be initiated only by the City Council, Plan Commission, or by a person being the owner, lessee, or contract purchaser of the subject property.

   (C)   Application: No application for an amendment shall be submitted to the City until a preapplication meeting has been held with the Zoning Enforcement Officer and the applicant has addressed the concerns of the Zoning Enforcement Officer, as advised by the appropriate staff members and other governmental agencies. An application for an amendment shall be filed with the Zoning Enforcement Officer, with a copy to the City Clerk, in such forms and containing such information as the Zoning Enforcement Officer may, from time to time, prescribe. The Zoning Enforcement Officer will review the application for completeness. No application shall be accepted by the City for processing until all the required documentation has been submitted by the applicant. If the application is deemed incomplete, the Zoning Enforcement Officer shall notify the applicant in writing, with a copy to the City Clerk, specifying the information and documentation that must be submitted by the applicant to complete the application. The Zoning Enforcement Officer shall notify the applicant that the City has accepted the application and shall forthwith process and forward the application to the Plan Commission for review and public hearing, with a copy of such application forwarded to the City Council for their information at its next regular meeting. Any changes in the application made by the applicant, whether initiated by the applicant or at the request of the City, shall be submitted to the Plan Commission via the Zoning Enforcement Officer no later than two (2) weeks prior to the scheduled date of the public hearing. Any change not submitted by that time may be accepted by the Plan Commission, at their discretion, by majority vote, or the application may be recommended for continuance.

   (D)   Action By The Plan Commission: The Plan Commission shall hold a public hearing on the proposed amendment within forty five (45) days from the date the application was forwarded to the Plan Commission by the Zoning Enforcement Officer. Notice of such hearing shall be published at least once not more than thirty (30) nor less than fifteen (15) days before such hearing in a newspaper of general circulation within the City. Provided, however, that in the case of text or map amendments initiated by the City, actual notice by certified mail, not less than ten (10) days prior to the date of the public hearing, shall be given to the person or persons to whom the current real estate tax bills are sent, for each parcel of property affected by the amendment. Actual notice need not be provided for parcels whenever the proposed amendment only makes textual changes in the regulations of the district, nor for parcels in any district if the amendment is a comprehensive amendment to the Zoning Title.

A public hearing, once commenced, may be continued from time to time with the approval of the applicant. Where the date, place, and time of the next hearing is announced at the close of the last hearing, no further notice of the next hearing need be made; otherwise, notice of the date, place, and time of the new hearing must be made in the manner provided by law. Where the applicant objects to a continuance, only one further continuance of not more than fourteen (14) days shall be allowed. The Plan Commission shall, within sixty (60) days after the close of the public hearing, transmit a written report giving its findings and recommendations to the City Council. If no report is filed within this time period and no time extension is granted by the City Council, the application shall be deemed to have received recommendation of denial. Provided, however, that if at any time after the commencement of the public hearing the City Council has required by motion that the Plan Commission close the public hearing and present a written report containing findings and recommendations no later than sixty (60) days from the date of the motion, the Plan Commission shall be so required, and failure to file such report within the sixty (60) days shall be deemed a recommendation to deny the application. The Plan Commission may recommend that the City Council impose such conditions and restrictions upon the premises as may be necessary to comply with the standards established in this Section and the objectives of this Title and other ordinances of the City.

   (E)   Action By The Planning And Development Committee: Upon receipt of the recommendation of the Plan Commission, the Planning and Development Committee may recommend that the City Council impose such conditions and restrictions upon the premises as may be necessary to comply with the standards established in this Section and the objectives of this Title, and other ordinances of the City.

   (F)   Action By The City Council:

      1.   The City Council by motion may require the close of the public hearing and the presentation of a report containing findings and recommendations no later than forty five (45) days after the date of the motion. In the event that no report is filed with the City Council within that forty five (45) days, the application shall be considered as having received a recommendation of denial.

      2.   The City Council, after receipt of the report from the Plan Commission and Planning and Development Committee, or, if no report is received, after the time period allowed to file such report has elapsed, and without further public hearing, may grant or deny any proposed amendment or may refer it back to the Plan Commission for further consideration. The Plan Commission shall, within the time period stipulated by the City Council in its communication, or if no time period is so stipulated, no later than forty five (45) days from the date of referral by the City Council, transmit a written report to the City Council. If no report is received by the City Council within the stipulated time period and no further time extension is granted, the application shall be deemed to have received a recommendation of denial.

      3.   In case a written protest against any proposed amendment of the regulations or districts, signed and acknowledged (i.e., notarized) by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, is filed with the City Clerk, the amendment shall not be passed except by a favorable vote of two-thirds (2/3) of the City Aldermen then holding office.

      4.   If an application for a proposed amendment is not acted upon finally by the City Council within ninety (90) days of the date upon which such application is initially returned to the City Council from the Plan Commission, it shall be deemed to have been denied. However, if the applicant requests the City Council that the ninety (90) day time period be extended, the City Council may postpone its final action on the application until the expiration of the time extension requested if the application is not acted upon within the time extension period and no further extensions are requested by the applicant and used by the City Council, the application shall be deemed to have been denied.

      5.   No application for a map amendment which has been denied by the City Council shall be resubmitted for a period of one year from the date of denial by the City Council. The City Council may, on the grounds of substantial new evidence or proof of changed conditions, allow a new application to be submitted to the City Clerk prior to the expiration of the one year period.

   (G)   Standards: The Plan Commission shall consider the following factors and other pertinent factors in developing a recommendation for the City Council:

      1.   Existing uses of property within the general area of the property in question, and the resulting character of the general area;

      2.   The zoning classifications of property within the general area of the property in question;

      3.   The suitability of the property in question to the uses permitted under the existing zoning classification including consideration of the length of time the property has been vacant as zoned;

      4.   The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place in its present zoning classifications and the impact to surrounding property likely to result from the proposed use;

      5.   The reduction in value of the subject property resulting from the particular zoning restriction as compared to the gain to the public if the property remains restricted; and

      6.   The policies of all current official plans or plan elements of the City.

The Plan Commission may recommend the adoption of an amendment changing the zoning classification of the property in question to a more restrictive classification than that requested by the applicant if said classification is in conformance with the planning policies of the City. For the purpose of this paragraph, the R-1 District shall be considered the most restrictive classification and I-1 shall be considered the least restrictive classification. (Ord. 0-03-00, 4-3-2000)

   (A)   Authority: The development and execution of this Title is based upon the division of the community into districts within which the use of land and buildings, and the bulk and location of buildings and structures, in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use in the particular location. Such special uses fall into three (3) categories:

      1.   Uses publicly operated or traditionally affected with a public interest.

      2.   Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

      3.   Planned unit developments pursuant to Chapter 3 of this Title.

An application for a special use shall be acted upon by the City Council only after a public hearing has been held by the Plan Commission after due notice by publication, as provided by applicable Illinois Compiled Statutes and after receiving the recommendation of the Planning and Development Committee.

   (B)   Initiation: Any person being the owner, lessee, or contract purchaser of the subject property may file an application to use such land for one or more of the special uses provided for in this Title in the zoning district in which the land is located.

   (C)   Application: No application for a special use shall be submitted to the City until a preapplication meeting has been held with the Zoning Enforcement Officer and the applicant has addressed the concerns of the Zoning Enforcement Officer, as advised by the appropriate staff members and other governmental agencies. An application for a special use, except for planned unit developments as controlled by Chapter 3 of this Title, shall be filed with the Zoning Enforcement Officer with a copy to the City Clerk, on such forms and requiring such information as the Zoning Enforcement Officer may from time to time prescribe. The Zoning Enforcement Officer shall review the application for completeness. No application shall be accepted by the City for processing until all the required documentation has been submitted by the applicant. If the application is deemed incomplete, the Zoning Enforcement Officer shall notify the applicant in writing, with a copy to the City Clerk specifying the information and documentation that must be submitted by the applicant to complete the application. The Zoning Enforcement Officer shall notify the applicant that the City has accepted the application and shall forthwith, process and forward the application to the Plan Commission for review and public hearing, with a copy of such application forwarded to the City Council at its next regular meeting for their information. Any changes in the application made by the applicant, whether initiated by the applicant or at the request of the City, shall be submitted to the Plan Commission via the Zoning Enforcement Officer no later than two (2) weeks prior to the scheduled date of the public hearing. Any change not submitted by that time may be accepted by the Plan Commission at their discretion by majority vote of the Plan Commission or may be recommended for continuance.

   (D)   Action By The Plan Commission:

      1.   The Plan Commission shall hold a public hearing within forty five (45) days from the date the application was deemed to be completed by the Zoning Enforcement Officer. Notice of such hearing shall be published at least once in a newspaper of general circulation in the City, not more than thirty (30) nor less than fifteen (15) days before the date of such hearing. A public hearing once commenced may be continued from time to time with the approval of the applicant. Where the date, place, and time of the next hearing is announced at the close of the last hearing, no further notice of the next hearing need be made; otherwise, notice of the date, place and time of the new hearing must be made in the manner provided by law. Where the applicant objects to a continuance, only one further continuance of not more than fourteen (14) days shall be allowed. The Plan Commission shall, within sixty (60) days after the close of the public hearing, transmit a written report giving its findings and recommendations to the Planning and Development Committee and City Council. If no report is filed within this time period, and no time extension is granted by the City Council, the application shall be deemed to have received a recommendation of denial. Provided, however, that if at any time after the commencement of the public hearing the City Council has required by motion that the Plan Commission close the public hearing and present a written report containing findings and recommendations no later than sixty (60) days from the date of the motion, the Plan Commission shall be so required, and failure to file such report within the sixty (60) days shall be deemed a recommendation to deny the application. The Plan Commission may recommend that the City Council impose such conditions and restrictions upon the premises as may be necessary to comply with the standards established in this Section and the objectives of this Title and other ordinances of the City.

      2.   The Plan Commission may request that the Zoning Enforcement Officer prepare an evaluation of the proposed special use in regard to its impact on official planning policies as they exist from time to time, and on existing conditions of neighboring properties or districts. Said evaluation shall be submitted by the Zoning Enforcement Officer within thirty (30) days of Plan Commission request.

   (E)   Action By The Planning And Development Committee: Upon receipt of the recommendation of the Plan Commission, the Planning and Development Committee may recommend that the City Council impose such conditions and restrictions upon the premises as may be necessary to comply with the standards established in this Section and the objectives of this Title, and other ordinances of the City.

   (F)   Action By City Council:

      1.   The City Council, by motion, may require the close of the public hearing and the presentation of a report containing findings and recommendations no later than forty five (45) days after the date of the motion. In the event that no report is filed with the City Council within that forty five (45) days, the application shall be considered as having received a recommendation of denial.

      2.   The City Council, after receipt of the report of the Plan Commission and Planning and Development Committee or, if no report is received, after the time period allowed for filing such report has elapsed, and without any further public hearing, may approve or deny the special use, or resubmit the application to the Plan Commission for further consideration. The Plan Commission shall, within the time period stipulated by the City Council in its communication or, if no time period is so stipulated, no later than forty five (45) days from the date of the referral by the City Council, transmit a written report to the Planning and Development Committee and City Council. If no report is received by the City Council within the stipulated time period and no further time extension is granted, the application shall be deemed to have received a recommendation of denial.

      3.   If an application for a special use is not acted upon finally within ninety (90) days of the date upon which such application is initially returned to the City Council from the Plan Commission, it shall be deemed to have been denied. However, if the applicant requests the City Council that the ninety (90) day time period be extended, the City Council may postpone its final action until the expiration of the time extension requested. If the application is not acted upon within the time extension period and no further extensions are requested by the applicant and used by the City Council, the application shall be deemed to have been denied.

      4.   Prior to granting any special use, the City Council may stipulate certain conditions and restrictions, including, but not limited to, those upon the establishment, location, construction, maintenance, and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified herein, or as may be from time to time required. In all cases in which special uses are granted, the City Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be complied with, including, but not limited to, the acceptance in writing of the owner of the property involved and other interested parties of the conditions and guarantees set forth within the ordinance granting the special use. A copy of the ordinance bearing the acceptance may be recorded in the office of the County Recorder of DuPage County. The acceptance shall be in approximately the following form:

      5.   No application for a special use which has been denied wholly or in part by the City Council shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of substantial new evidence or proof of changed conditions found to be valid by the City Council who shall in such case refer the application to the Plan Commission for a new hearing pursuant to proper legal notice.

   (G)   Standards: No special use shall be recommended to the City Council by the Plan Commission, nor approved by the City Council, unless findings of fact have been made on those of the following factors which relate to the special use being sought:

      1.   That the special use is deemed necessary for the public convenience at the location specified;

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

      3.   That 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 values within the neighborhood;

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

      5.   That the exterior architectural design, landscape treatment, and functional plan of any proposed structure will not be at variation with either the exterior architectural design, landscape treatment, and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district, as to cause a substantial depreciation in the property values within the neighborhood;

      6.   That adequate utilities, access roads, drainage, and/or necessary facilities have been or are being provided;

      7.   That 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

      8.   That the special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the City Council pursuant to the recommendations of the Plan Commission and Planning and Development Committee.

   (H)   Effect Of Granting A Special Use:

      1.   When a special use is granted for a particular lot, in conjunction with a change in zoning district classification, such lot shall be developed only for the granted special use, and in accordance with all the conditions imposed by the ordinance granting the special use unless the special use is revoked by the City Council in accordance with the procedures for revocation of subsection (I) of this Section. When a special use is granted, however, with no change in zoning district classification, the owner can abandon the special use and introduce any use which was or is then a permitted use in the underlying zoning district. Such special use may only be revoked using the procedures of subsection (I) of this Section, except that the special use shall automatically lapse where another use is introduced and continues uninterruptedly for a one year period.

   (I)   Revocation Of Special Use Permit:

      1.   A special use permit granted by the City Council shall be subject to revocation in part or in whole in the manner provided hereinbelow under any of the following circumstances:

         (a)   Failure to commence construction of the proposed use within one year from and after the date of the granting of said permit. Construction shall not be deemed to have commenced unless and until: 1) all necessary permits have been obtained; 2) the site has been properly graded; 3) all foundations and footings are in place; and 4) all utilities have been provided for.

         (b)   Failure to carry the construction work forward expeditiously with adequate forces for a period of twelve (12) months out of any eighteen (18) month period.

         (c)   Following the issuance of occupancy permits, abandonment, or other failure to utilize the property for the purposes permitted by the special use for a period of two (2) months out of any consecutive six (6) month period.

         (d)   Where changed circumstances or experience derived from the exercise of the special use previously granted indicates that the continuation of the special use no longer carries out the goals of this Zoning Title. Provided, however, that any special use so withdrawn may continue to exist to the extent that it has been utilized and developed subject to the provisions of Chapter 4 of this Title.

         (e)   Upon written application, the City Council may authorize extensions of any time period specified hereinabove, at any time prior to the expiration of such time period but each such extension shall not exceed one year at a time.

      2.   Upon written application by any person, the Plan Commission or the City Council, following the happening of any of the conditions specified in subsection (I)1 of this Section, the Plan Commission shall hold a public hearing with regard to whether any of the conditions described in subsection (I)1 of this Section exist and whether on account of such conditions and other circumstances the special use permit shall be revoked or whether the property shall be rezoned to another use. Public notice of such hearing shall be given by newspaper publication and the legal owner of record of the subject property shall be notified by certified mail, return receipt requested. The hearing shall otherwise be conducted in accordance with the procedures required by statute and by Sections 5A-2-2-6 and 5A-2-3 of this Chapter.

      3.   Following such hearing, the Plan Commission shall prepare written findings of fact and its recommendations: a) regarding the continuation or revocation of the special use; and b) regarding the rezoning of the property to another classification. Such findings and recommendations shall be transmitted forthwith to the Planning and Development Committee for a recommendation, then to the City Council for final action. The City Council, after receiving such findings and recommendations, may grant a further extension of the special use permit, may allow the property to be developed and utilized for the permitted uses of the underlying zoning classification or may rezone the property.

      4.   In making their determination, the Plan Commission, the Planning and Development Committee, and the City Council shall consider the effect of changed conditions, if any, upon the property. Where the property in question was granted a change in zoning category contemporaneously with its special use or achieved such a use as part of an annexation agreement, the Plan Commission, Planning and Development Committee and City Council shall consider whether the property would have been granted the zoning classification underlying its special use if it were not for the conditions which were imposed by the special use or by an annexation agreement, as the case may be. It is the intent of this provision of this Title to prevent the abandonment of a special use which was granted contemporaneously with a rezoning of land to a less restrictive category based upon the promise of development of a well-planned special use subject to various conditions; and the attempted development of the property without proper planning controls under a zoning category which would not have been granted, but for the planning requirements imposed under the special use. (Ord. 0-03-00, 4-3-2000)

   (A)   General Procedures And Information: Public hearings of the administrative bodies of the City shall be conducted in accordance with the requirements of the Illinois Compiled Statutes. Information regarding requirements for public hearings for each administrative function shall be available at the Department of Community Development of the City. In addition, materials submitted in conjunction with a public hearing shall be made available for public inspection at the Department of Community Development. Issuance of notice of public hearings and pending actions of the administrative bodies of the City shall be governed by the requirements of the Illinois Compiled Statutes, except as provided herein.

   (B)   Public Notice:

      1.   Publication: The Zoning Enforcement Officer shall see that notice of all public hearings is published not more than thirty (30) nor less than fifteen (15) days before said hearing in one or more newspapers with a general circulation within the City.

      2.   Adjoining Property Owners: It shall be the responsibility of the petitioner to submit to the Zoning Enforcement Officer a list of names and addresses of property owners within two hundred fifty feet (250') of the property that is the subject of the public hearing, except for simple variations where owners within one hundred twenty five feet (125') of the property are notified. It shall be the responsibility of the Director of Community Development to prepare such notice in writing, and mail or distribute the notice not more than thirty (30), nor less than fifteen (15) days before said hearing. For the purposes of determining property owners for notification, the taxpayer of record as listed with the Township Assessor office shall be used.

      3.   Public Notice Sign(s): One or more public notice sign, as required by the Department of Community Development, shall be placed on all properties that are the subject of a map amendment, special use, variations (except for simple variations), or annexation request, in compliance with the following:

         (a)   The public notice sign shall be erected at least fifteen (15) days before the public hearing and remain until final action is taken by the City Council;

         (b)   Said sign shall be removed within three (3) days of final City Council action;

         (c)   The sign shall be sized and placed so as to be visible to the general public as determined by the Zoning Enforcement Officer;

         (d)   Said sign(s) shall be a minimum of eight (8) square feet and a maximum of thirty two (32) square feet as determined by the Zoning Enforcement Officer; and

         (e)   The text and construction materials of said sign(s) shall be approved by the Zoning Enforcement Officer. (Ord. 0-03-00, 4-3-2000)

The City Council shall establish by separate ordinance a schedule of fees, charges, and expenses required for building permits, certificates of occupancy, variations, special use permits, amendments, planned unit development approvals and other matters pertaining to this Title.

Until all such required fees have been paid, no application for any of the above shall be deemed to have been filed and no action shall be taken on such application. All fees shall be paid to the City Clerk.

In addition to any other fees required by the City's ordinances, whenever the City determines that the nature of any real estate development is such that the effective approval or supervision thereof would require review by specialized experts, the costs incurred by the City with respect thereto shall be the responsibility of the owner or developer thereof, and payment of all such costs and fees shall be a condition precedent to approvals, inspections, and the receipt of any certificate of occupancy with respect to such development. The costs and services include, but are not limited to: a) plan review by model code agencies; b) environmental impact review; c) on-site resident engineering services; d) architectural, landscaping, forestry preservation, or wetland review services; e) fiscal impact study; and f) market analysis. (Ord. 0-03-00, 4-3-2000)

   (A)   Any person who violates, disobeys, omits, neglects, or refuses to comply with, or who resists enforcement of any provisions of this Title, shall be subject to a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each offense. A separate offense shall be deemed committed on each day that such violation occurs or continues.

   (B)   The owner or tenant of any building, structure, or land and any architect, builder, constructor, agent or other person who commits, participates or assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. (Ord. 0-03-00, 4-3-2000)