Notice of the public hearing of the Plan Commission to consider a petitioner's application for any public hearing required by this Chapter shall be given in the following manner:

   (A)   The petitioner shall publish notice of the date, time, place, and purpose of the public hearing in a newspaper of general circulation in the City not more than thirty (30) days nor less than fifteen (15) days prior to the hearing date. Said notice shall contain:

      1.   The common address and the legal description of the subject property;

      2.   A brief statement describing the proposal;

      3.   The current zoning classification of the subject property;

      4.   The proposed zoning classification for the subject property, if appropriate;

      5.   The sections of the City Code under which the proposal is allowed.

   (B)   Proof of publication must be provided prior to or at the time of the Plan Commission hearing by submitting to the secretary of the Plan Commission a certificate of publication issued by the newspaper publishing said notice.

   (C)   Not more than thirty (30) days nor less than fifteen (15) days prior to the hearing, the petitioner shall also notify all legal owners of record of all properties located within one hundred feet (100') of the boundary lines of the subject property, excluding rights-of-way, streets and alleys. This notice shall be given as follows:

      1.   By delivering notice to the record owner personally; or

      2.   By depositing the notice in the United States mail, enclosed in an envelope, plainly addressed to the legal record owner at his residence, certified mail, return receipt requested, with postage fully prepaid;

      3.   Matter of Proof. Proof of service of the notice required under this subsection (B) shall be given as follows:

         (a)   In case of service by personal delivery:

            (1)   By written acknowledgment signed by the person personally served; or

            (2)   By an affidavit of service of the person who made the delivery.

         (b)   In case of service by mail, by certified receipt.

      4.   Proof of service of notice under this subsection (C) must be filed with the Secretary of the Plan Commission prior to or at the time of hearing of the Plan Commission.

   (D)   Findings of Fact: In deliberating on a zoning petition involving a zoning amendment or special use permit, the Plan Commission shall consider the criteria below and make the following findings:

      1.   Comprehensive Plan: The consistency of the proposal with the intent and actual text, maps and drawings of the City of Dixon Comprehensive Plan.

      2.   Existing Uses and Zoning: The existing uses and zoning district classification of nearby property.

      3.   Suitability: The suitability of the property to the uses permitted under the existing zoning district classification.

      4.   Development Conditions: The length of time the property has been vacant as zoned, considered in the context of land development in the vicinity of the subject property.

      5.   Development Trends: That there are changed or changing conditions in the vicinity of the subject property, or in the City generally, that make the proposal reasonable and necessary to the promotion of the public health, safety, morals or general welfare.

      6.   Adequate Public Facilities: Whether adequate public facilities including, but not limited to, schools, parks, police and fire protection, roads, sanitary and storm sewers, water lines exist or can be provided prior to the development of the proposed use(s).

      7.   Impact On Other Property. It shall not substantially lessen or impede the suitability for the permitted use and development of, or be injurious to the use and enjoyment of, or substantially diminish or impair the value of, or be incompatible with other property in the immediate vicinity.

   (E)   Review Process:

      1.   The Plan Commission shall submit its recommendation and Findings of Fact to the City Council within forty-five (45) days of the close of the public hearing.

      2.   The City Council can approve or deny the application, or refer the application back to the Plan Commission for further consideration. If the application is given City Council approval, the City Council will direct an ordinance(s) to be drafted and will then act to approve the appropriate ordinance(s).

      3.   Any proposal which fails to receive the approval of a majority of the Plan Commission members, and is so reported, shall not be passed by the City Council except by the favorable vote of three-fourths (3/4) of all the elected members of the City Council.

   (F)   Denial Of Proposal: No application for an amendment, special use permit, or variation which has been denied by the City Council shall be resubmitted for a period of one (1) year from the date of such denial, except on grounds of new evidence or proof of changed conditions found to be valid by the Plan Commission.

   (G)   Joint Submission And Consideration Of Different Requests For Development Approval: Where two (2) or more types of approval set forth in this Chapter are being sought in order to accommodate a proposed development, the applications required for each type of approval shall be filed in conjunction with each other and shall be reviewed by the City as a single, consolidated application for development approval. The public hearings required for each type of approval shall be combined into a single public hearing. Where this Chapter places responsibility for conducting the public hearings for the different types of approval requested in the hands of different governing bodies, the Building Official shall determine which one body shall conduct the hearing. Similarly, the public notices required for each type of approval shall be combined into a single set of published and personal notices, with the notices identifying each type of approval being considered at the public hearing. (Ord. 1973, 1-6-1997)

The fees for the various types of development petitions covered under this Chapter shall be determined by action of the City Council from time to time. Such fee shall be paid to the Building Official, who shall give a receipt therefor and account for same at regular intervals to the City Council. (Ord. 1973, 1-6-1997)

Site plans, prepared and approved in accordance with the provisions of this Chapter, shall be required to assist City administrative officials in the review of certain applications for Building Permits and Special Use Permits, and to assure compliance with all applicable requirements of this Title. (Ord. 1973, 1-6-1997)

   (A)   All permitted uses in residential zoning districts, except the following:

      1.   Single family detached dwellings, duplex dwellings, and their related accessory uses and structures.

      2.   Agricultural structures.

      3.   Privately-owned dwellings for seasonal occupancy.

   (B)   All permitted uses in business zoning districts.

   (C)   All permitted uses in manufacturing zoning districts.

   (D)   When an alteration or amendment is proposed to the site improvements or design of a previously approved site plan.

   (E)   All special permit uses which require a site plan as determined by the Building Official.

   (F)   When an existing residential use is proposed for a change to a commercial, industrial, or multi-family residential use.

   (G)   All public buildings and institutions.

   (H)   All other uses, and changes from existing uses, for which a site plan is required pursuant to the provisions of this Title. (Ord. 1973, 1-6-1997)

   (A)   No formal site plan shall be required for the following uses:

      1.   Additions to existing buildings or uses when such addition does not exceed two thousand (2,000) square feet or one-third (1/3) of the gross floor area of the existing building or use, whichever is greater.

      2.   Any permitted use on a temporary basis for a period not to exceed six (6) months.

      3.   School uses located in existing church facilities. (Ord. 1973, 1-6-1997)

   (A)   Site plans or any portion thereof involving engineering, architecture, or land surveying shall be respectively certified by an engineer, architect, or land surveyor authorized by the State of Illinois to practice as such.

   (B)   Site plans shall be prepared to a scale of one inch equals twenty feet (1" = 20') or larger.

   (C)   A site plan may be prepared in one (1) or more sheets to show clearly the information required by this Section and to facilitate the review and approval of the plan. If prepared on more than one (1) sheet, match lines shall clearly indicate where the several sheets join. (Ord. 1973, 1-6-1997)

   (A)   All site plans shall be submitted to the Building Official. When the applicant is seeking a zoning amendment, a special use permit, or a variation (other than a variation of the requirements set forth in Section 6-13-7 and/or Chapter 14), the applicant shall submit twenty-one (21) clearly legible blue or black line copies. Each site plan shall be accompanied by a receipt from the City Clerk evidencing the payment of all required site plan fees for processing and approval as set by the City Council from time to time. Unless otherwise agreed by the Building Official, a site plan shall contain the following information:

      1.   Location of tract by an insert map at a scale of not less than one inch equals two thousand feet (1" = 2000'), indicating such information as the names and numbers of adjoining roads, streams and bodies of water, railroads, subdivisions, towns, or other landmarks sufficient to clearly identify the location of the property.

      2.   The name and address of the owner and developer, the north point, date and scale of drawing and number of sheets.

      3.   All existing and proposed streets and easements, their names, numbers and widths; existing and proposed utilities; watercourses and their names; owners, zoning and present use of all adjoining properties.

      4.   A landscape plan, including dimensions and distances and the location, size and description of all proposed landscape materials as required by the provisions of Chapter 14.

      5.   Existing vegetation, proposed removal of vegetation, and proposed replacement of vegetation in accordance with the regulations of this Chapter.

      6.   Location, type, size and height of fencing, retaining walls and screen planting as required by the provisions of this Chapter 14.

      7.   All off-street parking, related driveways; loading spaces and walkways, indicating type of surfacing, size, angle of stalls, width of aisles and a specific schedule showing the number of parking spaces provided and the number required by the provisions of Chapter 7.

      8.   The proposed location, general use, number of floors, height and the net and gross floor area for each building, including outside display areas, and, where applicable, the proposed floor area ratio, the number, size and type of dwelling units.

      9.   When connection is to be made to the City utility system, all existing and proposed water and sanitary sewer facilities, indicating all pipe sizes, types and grades and where connection is to be made to the City utility system.

      10.   When improvements will result in an increase of storm water run-off, provisions for the adequate disposition of storm water in accordance with Section 7-1-10 of the City Code, indicating the location, size, type and grade of ditches, catch basins and pipes and connections to existing drainage system, and on-site storm water retention.

   (B)   If reasonably necessary to evaluate the project, the Building Official also may require that a site plan contain the following information:

      1.   A boundary survey of the property.

      2.   Sufficient information to show how the physical improvements associated with the proposed development interrelate with existing or proposed development of record on adjacent properties.

      3.   Existing topography with a maximum contour interval of two feet (2'), except where existing ground is on a slope of less than two percent (2%) where one foot (1') contours shall be shown.

      4.   Proposed finished grading contours.

      5.   For development in areas with severe building limitations, a soil report prepared by or under the direction of a professional engineer experienced in soil and foundation engineering.

   (C)   The Building Official may waive any or all of the requirements of this Section. (Ord. 1973, 1-6-1997; amd. Ord. 1975, 1-6-1997)

   (A)   The Building Official shall check the site plan for general completeness and shall see that all administrative reviews are completed on time, and that any action that is necessary is taken by the Plan Commission on the site plan within sixty (60) days from the receipt thereof, except under abnormal circumstances.

   (B)   Site Plan Review Conference: Prior to any necessary review by the Plan Commission, and after receiving a complete application, the Building Official shall set a date for a site plan review conference with the applicant, at which the chief administrator of each City department will be invited. The purpose of the site plan review conference is to provide the applicant with the results of City staff's preliminary review of his/her proposal and to identify ways in which the proposed site plan complies or does not comply with the requirements of this Chapter 13 relative to:

      1.   Location and design of vehicular and pedestrian access points, to include notification from the Illinois Department of Transportation authorizing proposed entrances and exits from State routes.

      2.   Location and adequacy of off-street parking and loading areas.

      3.   Design of traffic circulation and control within the site and in relationship to adjoining properties.

      4.   Adequacy of drainage, water supply, fire protection and sanitary sewer facilities.

      5.   Compliance with applicable established design criteria, construction standards and specifications for all improvements required by the City Code of Dixon.

      6.   Provision of adequate erosion and sedimentation control measures of both a temporary and permanent nature.

      7.   Compliance with all of the other applicable requirements of this Title.

   (C)   All site plans, which are appropriately submitted and conform to the standards and requirements set forth in this Chapter 13 and Chapter 14, may be approved solely by the Building Official. Any decision of the Building Official may be appealed to the Plan Commission pursuant to same procedures as required for a text amendment or zoning district change as set forth in Part E of this Chapter.

   (D)   All site plans that do not accompany an application for an amendment or a special use permit or that seek a variation only of one or more of the requirements set forth in Section 6-13-7 and/or Chapter 14 may be approved solely by the Building Official without referral to the Plan Commission or the Zoning Board of Appeals. Any decision of the Building Official is appealable to the Zoning Board of Appeals. (Ord. 1973, 1-6-1997; amd. Ord. 2274, 10-2-2000)

   (A)   Prior to approval of any site plan there shall be executed by the owner or developer and submitted with the site plan an agreement to construct such required physical improvements as are: (a) located within public rights-of-way or easements, or (b) as are connected to any public facility as approved by the City. Such agreement shall be accompanied by a letter of credit, bond or other surety acceptable to the City in the amount of the estimated cost of the required physical improvements as approved by the Building Official.

   (B)   The agreement and surety shall be provided for guaranteeing completion of all work covered thereby within the time to be approved by the Building Official, which time may be extended by the City Council upon written application by the owner or developer. (Ord. 1973, 1-6-1997)

   (A)   Approval of a site plan submitted under the provisions of this Chapter is valid for a maximum duration of one (1) year, unless a building permit(s) has been obtained for construction in accordance therewith, in which case the site plan approval, or part thereof for which a building permit is obtained, is extended for the life of the building permit.

   (B)   Any approved site plan may be revised prior to final acceptance and release of surety in the same manner as originally approved, provided that approval of a site plan revision shall not be deemed to alter the expiration date of the site plan, as established in Paragraph A above.

   (C)   Following release of surety provided in accordance with Section 6-13-9 above, any proposed change to a use requiring site plan approval shall require the submission of a new site plan. (Ord. 1973, 1-6-1997)

In furtherance of the purposes of this Title and to assure the public safety and general welfare, no site plan shall be approved unless the Building Official is assured that the following improvements will be made:

   (A)   Construction of pedestrian walkways so that occupants/patrons may walk on the same from building to building or store to store within the site and to adjacent sites. Wherever possible, connection shall be made to walkways in adjacent developments.

   (B)   Construction of trails or walkways in accordance with the general location shown on the adopted comprehensive plan together with such other connecting trails or walkways within the limits of the site plan. When such trails or walkways are to be constructed, fee title or easements shall be conveyed to the City of Dixon or Dixon Park District. The final location and design of trails or walkways is to be determined by the Plan Commission upon recommendation by the Building Official.

   (C)   Construction of vehicular travel lanes, service drives, driveways or other access connections, which will permit vehicular travel on the site and to and from adjacent properties in accordance with the following:

      1.   Adjacent to any primary highway, and generally parallel thereto, a service drive shall be constructed, and wherever possible, it shall connect with a service drive on adjacent properties.

      2.   Adjacent to any major or minor arterial street a travel lane not less than twenty-two (22') feet in width shall be constructed to afford access to adjoining properties.

      3.   The Building Official may waive the requirement for constructing a travel lane as is set forth in Paragraph 2 above when:

         (a)   There is no existing or proposed vehicular travel lane abutting the subject property on either side, and

         (b)   The adjoining property(s) is used or zoned for single family detached dwellings, or

         (c)   The adjoining property(s) is occupied by a given use, which by its nature would suggest that there will be a limited desire for travel between such use and the one proposed.

   (D)   Dedication and construction of widening for existing roads, existing roads on new alignments, and proposed roads, all as indicated on the adopted comprehensive plan or as may be required by the Plan Commission upon recommendation of the Building Official.

   (E)   Construction of curb and gutter around all medians that separate travel lanes and service drives from existing streets and which separate off-street parking areas from streets, service drives, and travel lanes.

   (F)   Dedication of easements or rights-of-way for all facilities to be publicly maintained. Such easement or right-of-way shall be clearly defined for the purposes intended.

   (G)   Installation of an adequate drainage system for the disposition of storm water.

   (H)   Installation of erosion and sedimentation control measures.

   (I)   All utilities provided by the developer shall be installed underground provided, however, that:

      1.   Equipment such as the electric distribution transformers, switchgear, meter pedestals and telephone pedestals, which are normally installed above ground, may continue to be so installed, in accordance with accepted utility practices for underground distribution;

      2.   Meters, service connections and similar equipment normally attached to the outside wall of the premises they serve may be so installed;

      3.   Temporary overhead facilities required for construction purposes shall be permitted;

   (J)   Vegetation removal and replacement in conformance with the requirements of Chapter 14.

   (K)   All other improvements required by the provisions of this Title. (Ord. 1973, 1-6-1997)

The principle objective of this Title is to provide for an orderly arrangement of compatible building and land uses, and for the proper location of all types of uses required for the social and economic welfare of the City. To accomplish this objective, each type and kind of use is classified as permitted in one or more of the various districts established by this Title. However, in addition to those uses specifically classified and permitted in each district, there are certain additional uses which it may be necessary to allow because of their unusual characteristics or the service they provide the public. These "special uses" require particular consideration as to their proper location in relation to adjacent established or intended uses, or to the planned development of the community. The conditions controlling the location and operation of the "special uses" are established by this Part C and Part B of Chapter 13, and Chapter 14. (Ord. 1973, 1-6-1997)

For purposes of this Chapter 13, a petition for approval of a special use shall follow the same procedures as required for a text amendment or zoning district change as outlined in Part E of this Chapter 13. (Ord. 1973, 1-6-1997)

   (A)   General Standards: A special use permit shall be granted only if the Plan Commission finds the application has demonstrated that the proposed use complies with the following general standards:

      1.   Each special use should be presented and judged on its own merits. It shall not be sufficient to base justification for approval upon an already existing special use.

      2.   The proposed use is consistent with the goals and policies of the Comprehensive Plan.

      3.   The establishment, maintenance or operation of the proposed use will not be detrimental to or endanger the public health, safety, morals or general welfare of the residents of the City.

      4.   The proposed use will not diminish the use or enjoyment of other property in the vicinity for those uses which are permitted by the Zoning Ordinance of the City.

      5.   Adequate measures already exist or will be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion.

      6.   The proposed use will be designed and located in a manner that is consistent with the character of neighboring properties and/or the City as a whole.

      7.   The proposed use will not adversely affect a known historical or cultural resource.

      8.   The proposed use has made adequate provisions for buffers, landscaping, fencing, lighting, building materials, public open space and other improvements necessary to insure that the proposed use does not adversely impact adjacent uses and is compatible with the surrounding area and/or City as a whole.

      9.   The design and location of the proposed use promotes a safe and comfortable pedestrian environment.

      10.   The off-site impacts of the proposed use, such as traffic, noise, hours of operation and visual impacts, have been shown to be compatible with the surrounding area.

      11.   The proposed use will comply with the requirements of the City of Dixon Subdivision Ordinance. (Ord. 1973, 1-6-1997)

   (A)   General Conditions: After reviewing an application for a special use permit and considering the unique features of the specific special use proposal, the Plan Commission may recommend, and the City Council may require, such additional conditions upon the construction, location and operation of the special use as shall be deemed necessary to insure that the special use will meet the standards for special uses set forth in Part C and B of this Chapter 13 and the landscaping and tree preservation regulations of Chapter 14.

   (B)   Booklet Of Typical Conditions:

      1.   The Building Official shall cause to be prepared, as an administrative document, a booklet containing a list of conditions typically associated with each special use permitted by this Chapter. Said booklet shall be periodically reviewed jointly by the Plan Commission and the Building Official for the purpose of updating and modifying the booklet. A copy of the booklet setting forth the appropriate list of conditions shall be available to each applicant for a special use and to members of the general public.

      2.   The booklet of typical conditions shall serve as a guideline for the conditions, if any, ultimately recommended by the Plan Commission to the City Council in conjunction with a recommended special use permit. The Plan Commission may include those conditions specified in the booklet that it feels are appropriate to the specific application for a special use permit or may supplement other appropriate conditions. (Ord. 1973, 1-6-1997)

   (A)   Approval of the application by the City Council authorizes the applicant to proceed with any necessary applications for building permits, certificates of occupancy, and other permits which the City may require for the proposed development. The Building Official shall review applications for these permits for compliance with the terms of the special use approval granted by the City Council. No permit shall be issued for work which does not comply with the terms of the special use approval.

   (B)   No application for a special use shall be filed with or accepted by the Building Official which is identical or substantially similar to an application which has been denied by the City Council within the previous twelve (12) months.

   (C)   Each special use which is approved by the City Council either shall attach to the property itself and run with the land, or shall lapse when the person who received approval of the special use ceases to conduct the activity for which the special use approval was granted. All special use approvals shall be considered personal to the applicant and shall lapse when the person who received the approval ceases to conduct the special use, unless the ordinance which approves the special use provides that the special use approval shall run with the land.

   (D)   Any discontinuation of an approved special use for a period of one hundred eighty (180) consecutive days shall constitute abandonment and shall rescind the approval of the special use. (Ord. 1973, 1-6-1997)

Any special use granted under this Chapter may be revoked by the City Council after a finding of the existence of any one of the conditions, or of the occurrence of any one of the following events:

   (A)   No Construction: Construction authorized or required as a condition to the granting of the special use is not initiated within six (6) months of the granting of the special use.

   (B)   Ceased Operation: The operation of the use for which a special use has been issued ceases for a continuous period of six (6) months.

   (C)   Licenses And Permits: The governmental licenses or permits required for the operation or maintenance of said special use are not obtained or are subsequently terminated.

   (D)   Requirements And Regulations: Any of the provisions of the Zoning Ordinance, or any conditions specifically designated for said special use are violated. (Ord. 1973, 1-6-1997)

All special uses permitted or granted by the City Council are listed in Appendix C and are on file with the City Clerk. (Ord. 1973, 1-6-1997)

Wherever any proposed "Planned Unit Development" shall hereafter be proposed within the City or within contiguous territory and not more than one and one-half (1 ½) miles beyond the incorporated boundary of the City, the applicant thereof or his agent shall submit a Planned Unit Development application form to the City. The plan and all proposed improvements shall also comply with the regulations of Part A of Chapter 12, and all procedures hereinafter contained in this Part D of Chapter 13. (Ord. 1973, 1-6-1997)

   (A)   It is the intent of this Part D that applicable subdivision review procedures and standards under the subdivision regulations of Title 3, Chapter 11, be carried out simultaneously with the review of a Planned Unit Development.

   (B)   The plans required under the Planned Unit Development regulations of Chapter 12, Part A must be submitted in a form which will satisfy the requirements of the subdivision regulations for preliminary plans and final plats as required under those regulations. It is the intent of this section to permit the submission of subdivision applications for the whole, a part, or parts of the overall planned unit development as indicated by phases in the site development plan.

   If any provisions of this section and the subdivision regulations are in conflict, the more restrictive or detailed requirements shall be met, unless specifically waived or altered by the City Council upon recommendation of the Plan Commission. (Ord. 1973, 1-6-1997)

   (A)   Procedure: The procedure for securing a planned unit development shall follow the same basic procedure for public hearings outlined in Part A of this Chapter, with the addition that the application shall be processed in the stages as follows:

   (B)   Pre-Application Conference: Prior to preparation of a formal application, the applicant at his option may meet with the Planning Commission to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys and other data. The Planning Commission may avail themselves of any technical engineering, architectural, or planning advice in informing the applicant.

   (C)   Preliminary Application Submission: The applicant for a Planned Unit Development shall submit an application, and five (5) copies of a preliminary development plan, and an application fee established by the City Council from time to time.

The preliminary development plan shall contain the following material:

      1.   The name and address of all owners of the site proposed for development as well as the name and address of all professional site planners, architects, engineers, surveyors or other consultants;

      2.   A legal description of the site proposed for development;

      3.   A general area plan drawing reflecting the intended use and future street locations for adjacent areas within the site when the proposed Planned Unit Development is intended to be developed in more than one phase;

      4.   The location of all property lines, existing streets, easements, utilities and any other significant physical features;

      5.   Date, north arrow and graphic scale (not less than one inch equals one hundred feet (1" = 100') of all drawings submitted;

      6.   Present zoning;

      7.   An indication of the existing conditions on the tract including contour lines (two foot (2') intervals), water courses and existing drainage facilities, wooded areas and isolated trees of six inches (6") or more in diameter, if any, existing streets, sidewalks or other improvements, and existing buildings and structures with an indication of those which will be removed and those which will be retained as part of the development;

      8.   A description of the area surrounding the site showing land use, streets, peculiar physical or natural features, public facilities and existing zoning;

      9.   A site plan of the proposed development indicating the general location of the following:

         (a)   All buildings, structures and other improvements;

         (b)   Common open space (for developments with residential use);

         (c)   Off-street parking facilities and number of spaces to be provided;

         (d)   Sidewalks;

         (e)   Use of open space being provided;

         (f)   Screening or buffering of the development perimeters;

         (g)   Indication as to which areas and streets are intended to be public;

         (h)   All utilities including storm drainage, sanitary sewers and water service;

   (I)   Such other documents explaining other circumstances as the Planning Commission may require.

      10.   Quantitative data indicating the following:

         (a)   Total number of dwelling units (if applicable)

         (b)   Total lot coverage of buildings and structures (percent of total);

         (c)   Total impervious surface coverage of all building and structures, driveways, roads, sidewalks, patios and other non-porous surfaces (percent of total);

         (d)   Approximate gross and net residential densities, excluding all streets and roadways (if applicable);

         (e)   Total amount of usable open space area provided in the tract;

         (f)   Such other calculations as the Planning Commission may require.

      11.   Elevation or perspective drawings of all buildings and improvements sufficient to show the developer's intent;

      12.   A development schedule indicating (a) the approximate date when construction of the project will begin; (b) the stages in which the project will be built and the approximate date when construction of each stage will begin; (c) the approximate dates when the development of each of the stages will be completed; and (d) the area and location of common open space that will be provided at each stage;

      13.   If the applicant intends to sell or lease all or a portion of the Planned Unit Development after the project is approved, a statement shall be presented to the Commission. If applicable, the conditions of sale and maintenance of such developed properties shall be stipulated. Any covenants, deed restrictions or other similar agreements between the applicant and future owners shall be presented.

   (D)   Preliminary Application Hearing: Upon receipt of the Planned Unit Development preliminary application, the required documents and the payment of fees, the Planning Commission shall fix a time for a public hearing on the Planned Unit Development and give notice of the hearing in the manner and for the length of time prescribed in Part A of this Chapter 13.

Such hearing may be continued for purposes of revising the submitted plan. Within thirty (30) days after the completion of the hearing, the Planning Commission shall then forward its findings and recommendations on the preliminary plan to the City Council.

   (E)   City Council Action on Preliminary Application: Approval of the preliminary plan by the City Council shall constitute approval of the general arrangement of the plan, the provisions submitted by the applicant, and a waiver of only those items of policy or ordinance which have been brought specifically to the attention of the Planning Commission. Such approval shall be valid for one (1) year. In its discretion and for good cause, the City Council may extend for an additional six (6) months, the approval of the preliminary plan. Approval of the preliminary plan shall vest no rights to the applicants other than to be able to submit a final development plan.

   (F)   Final Application Submission: Within one (1) year of preliminary plan approval by the City Council, the applicant shall file a final development plan. Five (5) copies of the final development plan shall be filed with the City. Such submission shall be accompanied by a second fee in equal amount to that required for a zoning amendment.

The final development plan shall include the following:

      1.   All of the material required in submission of the preliminary subdivision plan;

      2.   Designation of location of all proposed structures and the internal uses in sufficient detail to determine off-street parking requirements;

      3.   Architectural elevations, pavement types, culverts, sidewalks, illumination, landscaping and common open space and recreation facilities.

      4.   Certificates, seal and signatures required for the dedication of land, recording the documents, and such other legal documents as may be required by the Subdivision Ordinance;

      5.   Accurate tabulations on the use of the area including land area, number of buildings, number of dwelling units per acre (if applicable), total common open space, percentage of building coverage of the total area, percentage of paved area and total number of parking spaces provided;

      6.   All curb cuts, driving lanes, parking and loading areas, public transportation points, street signs and illuminated facilities for same;

      7.   Any other plans or specifications that may be necessary for final engineering approval of drainage, street design and other facilities by the City Engineer or Planning Commission.

Upon receipt of the final Planned Unit Development plan, the Planning Commission shall review the submitted documents and ascertain whether or not the final plans substantially conform to the approved preliminary development plan and the provisions of this Chapter 13, and Chapter 12. Upon review and approval of the final development plan the Planning Commission shall forward to the City Council, along with the Planning Commission's recommendation, the final plan and any other necessary supporting information.

   (G)   City Council Action on Final Application: Upon approval of the final development plan by a majority vote of the City Council, the City Council shall adopt an ordinance granting the applicant a special use permit in the nature of a planned unit development. The City Clerk shall deliver for recording all ordinances, dedications, covenants and such other documents as may be required by the City.

   (H)   Performance Schedule: The applicant shall conform to the development schedule as required herein. If no construction has begun or no approved use established in the Planned Unit Development within one (1) year from the approval of the final development plan by the City Council, the approval of the final development plan shall lapse and be voided and no longer in effect.

In its discretion and for good cause, the City Council may extend for one additional year the period for the beginning of construction, the establishment of an approved use, or completion of a phase of development as indicated in the development schedule. If a final development plan lapses under the provisions of this Section the Building Official shall notify the applicant of the revocation of approval of the Planned Unit Development ordinance. (Ord. 1973, 1-6-1997)

   (A)   Minor changes in the location, siting and height of buildings and structures may be authorized by the Planning Commission without additional public hearing if required by engineering or other circumstances not foreseen at the time the final plan was approved. No change authorized by this subsection may cause any of the following:

      1.   A change in the use of character of the development;

      2.   An increase by more than one percent (1%) in the overall coverage of structures;

      3.   An increase in the density or intensity of use;

      4.   A reduction of more than one percent (1%) in approved open space;

      5.   A reduction of off-street parking and loading spaces;

   (B)   Minor changes approved by the Planning Commission or changes involving rearrangement of lots, blocks and building tracts must be approved by City Council. Such changes must be recorded as amendments to the planned unit development ordinance in accordance with the same procedure as required for the initial final plan approval. (Ord. 1973, 1-6-1997)

The text of this Title and the Zoning District Map may be amended from time to time in accordance with the procedures and standards set forth in this Part. The purpose of this Part is to provide a means for amending the text of this Title or changing the classification of any land identified on the Official Zoning Map. The purpose is not to relieve particular hardships, nor to confer special privileges or rights on any person, but only to make adjustments to the text of this Title and to the Official Zoning Map that are necessary in light of changed conditions or changes in public policy, to implement the recommendations of the Comprehensive Plan, or that are necessary to advance the general welfare of the City. (Ord. 1973, 1-6-1997)

   (A)   An amendment to the text of this Title may be initiated only by the City Council, the Zoning Board of Appeals, the Plan Commission, any owner of a legal or equitable interest in land located in the City, or any resident of the City.

   (B)   An amendment to the Zoning District Map (or "rezoning") may be initiated only by the City Council, the Plan Commission, the owner of the property affected by the proposed amendment, an agent, lessee, or contract purchaser specifically authorized by the owner to file such application, or any unit of government which is not the owner of the lot but proposes to acquire the lot by purchase, gift, or condemnation. Where an agent, lessee, or contract purchaser files the application, the agent, lessee, or contract purchaser shall provide the City with written documentation that the owner of the property has authorized the filing of the application.

   (C)   The petitioner shall deposit a filing fee as established by the City Council, which fee shall be deposited with the Treasurer within fifteen (15) days after the receipt thereof. No part of the fee shall be returnable to the petitioner. (Ord. 1973, 1-6-1997)

Where an amendment to the text of this Title or to the Zoning District Map is proposed by someone other than the Plan Commission, Zoning Board of Appeals, or City Council, an application requesting the amendment shall be filed with the Building Official. The application shall be accompanied by a written statement from the applicant stating the basis for the request and, where the amendment will rezone land, identifying with the affected property. Any application to rezone property also shall be accompanied by a written statement and site plan illustrating the overall plan for development or redevelopment of the affected property, and how such new development relates to adjacent land uses and maintains the character of the surrounding neighborhood. (Ord. 1973, 1-6-1997)

The regulations imposed and the zoning districts created under this Title may be amended by ordinance, but no such amendment shall be made by the City Council without public notice and without a public hearing before the Plan Commission. (Ord. 1973, 1-6-1997)

In the event written protest against the proposed amendment signed and acknowledged 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 the alley or rear line therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered as to such regulations or zoning district, is filed with the City Clerk such amendment shall not be passed except by the favorable vote of two thirds (2/3) of all of the members of the City Council. (Ord. 1973, 1-6-1997; amd. Ord. 2013, 9-2-1997)

   (A)   In deciding whether to adopt a proposed amendment, the reviewing body shall consider whether the proposed amendment is consistent with the goals and policies of the Comprehensive Plan. In particular, where rezoning property, the reviewing body shall consider the following factors:

      1.   Is the requested change compatible with the existing development pattern and the zoning of nearby properties?

      2.   Has there been a change in the circumstances upon which the original zoning designation was based?

      3.   Have major land uses or conditions changed since the zoning was established?

      4.   Does the current zoning or the proposed zoning better conform to the current Comprehensive Plan?

      5.   Does the proposed use satisfy a public need?

      6.   Is the subject property physically suitable for the zoned purpose and/or the proposed use and purpose?

      7.   Are there sites for the proposed use in existing districts permitting such use?

      8.   Does the present development of the area comply with existing ordinances?

      9.   Does the existing zoning impose an unreasonable hardship?

      10.   Can a reasonable economic benefit be realized from uses in accordance with the existing zoning?

      11.   Will property values in the vicinity be affected?

      12.   Will the proposed change deter the use of adjacent properties under the existing zoning?

      13.   Can the proposed change contribute to the redevelopment of a deteriorated area?

      14.   Will the proposed change conflict with existing or planned public improvements?

      15.   Will the proposed change adversely affect traffic patterns or congestion?

      16.   Will the proposed change adversely impact population density such that the demand for schools, sewers, streets, recreational areas and facilities, and other public facilities are adversely affected?

      17.   Will the proposed change have an adverse environmental impact on the vicinity?

      18.   Will the proposed change adversely affect the health, safety, morals and welfare of the neighborhood?

      19.   Will the proposed change adversely affect the health, safety, morals and welfare of the City as a whole? (Ord. 1973, 1-6-1997)

The City Council, without further public hearing, may adopt or deny the report of the Plan Commission for any proposed amendment, or may refer the petition back to the Plan Commission for further consideration. Any proposed amendment which fails to receive the approval of a majority of the Plan Commission members, and is so reported, shall not be passed by the City Council except by the favorable vote of two-thirds (2/3) of all the elected members of the City Council. (Ord. 1973, 1-6-1997; amd. Ord. 2012, 9-2-1997)

No application for an amendment shall be filed with or accepted by the Building Official which is proposed by someone other than the City Council, Plan Commission, or Zoning Board of Appeals, and which is identical or substantially similar to a proposed amendment which has been rejected by the City Council within the previous twelve (12) months. (Ord. 1973, 1-6-1997)

It shall be unlawful for any person to erect, repair, alter, relocate or maintain within the City any sign or other advertising structure as defined in Chapter 6, without first obtaining a sign permit from the Building Official, and complying with the application and review procedures of Chapter 6. (Ord. 1973, 1-6-1997)

   (A)   No building or structure shall hereafter be erected or structurally altered until a building permit shall be issued by the Building Inspector stating that the building or structure, and use of land, comply with the regulations of this Title and all building and health regulations of this Code.

   (B)   All applications for building permits shall be accompanied by a plat in duplicate drawn to scale showing the actual dimensions of the lot to be built upon, the size of the building or structure to be erected or structurally altered, and its location as may be necessary to provide for the enforcement of these regulations. A careful record of such applications and plats shall be kept in the office of the Building Official. (Ord. 1973, 1-6-1997)

   (A)   No building or structure hereafter erected or structurally altered shall be occupied and used until a certificate of compliance has been issued by the Building Inspector. The certificate of compliance shall be issued only after the Building Inspector makes a finding that the building or structure has been erected or structurally altered in conformance with the provisions of this Title and other health and building regulations of this Code and in accordance with a building permit.

   (B)   Certificates of compliance shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection and alterations of such building shall have been satisfactorily completed. A record of all certificates shall be kept on file in the office of the Building Inspector and copies shall be furnished, on request, to any person having a proprietary interest in the building affected. (Ord. 1973, 1-6-1997)

No change shall be made in the use of a building or part thereof now or hereafter erected or structurally altered, or in the use of land now or hereafter occupied, without a zoning permit having first been issued by the Building Inspector. No such use permit shall be issued to make such change unless it is in conformity with the provisions of this Title and amendments thereto hereafter duly enacted. (Ord. 1973, 1-6-1997)

The "variation" process is intended to provide limited relief from the requirements of this Title in those cases where strict application of those requirements will create a practical difficulty or unnecessary hardship prohibiting the use of land in a manner otherwise allowed under this Title. It is not intended that variations be granted merely to remove inconveniences or financial burdens that the requirements of this Title may impose on property owners in general. Rather, it is intended to provide relief where the requirements of this Title render the land difficult to use because of some unique physical attribute of the property itself or some other factor unique to the property for which the variation is requested. In no event, however, shall the City grant a variation which would allow the establishment of a use which is not otherwise allowed in a zoning district or which would change the zoning district classification of any or all of the affected property. (Ord. 1973, 1-6-1997)

   (A)   An application for a variation may be filed only by the owner of the land affected by the variation, an agent, lessee, or contract purchaser specifically authorized by the owner to file such application, or any unit of government which is not the owner of the lot but proposes to acquire the lot by purchase, gift, or condemnation. Where an agent, lessee, or contract purchaser files the application, the agent, lessee, or contract purchaser shall provide the City with written documentation that the owner of the property has authorized the filing of the application.

   (B)   An application for a variation shall be filed with the Building Official. The application shall include a written statement by the applicant and adequate evidence showing that the proposed variation will conform to the standards set forth in this Part. The application shall be accompanied by such plans, data, or both as specified in the rules of the Zoning Board of Appeals. If the proposed variation will accommodate the construction, demolition, or external modification of any structure then the application must be accompanied by a site plan showing the proposed work and other site features relevant to review of the proposed work.

   (C)   If the Building Official determines that the application is not complete, then he or she shall notify the applicant of any deficiencies and shall take no further steps to process the application until the deficiencies are remedied. Once the application is complete, the Building Official shall schedule the application for consideration at a public hearing before the Zoning Board of Appeals. (Ord. 1973, 1-6-1997)

Prior to the scheduled public hearing, the Building Official shall deliver to the Zoning Board of Appeals copies of the complete application and a written report summarizing the facts of the case, including all relevant documents and staff comments. The Building Official shall also send a copy of the written report to the applicant prior to the scheduled public hearing. (Ord. 1973, 1-6-1997)

   (A)   Upon receiving the application and report from the Building Official, the Zoning Board of Appeals shall hold at least one public hearing on the proposed variation. Notice of the public hearing shall be provided and the public hearing shall be conducted in accordance with Part A of this Chapter.

   (B)   In considering the application, the Zoning Board of Appeals shall review the application, the general purpose and standards set forth in Section 6-13-39 for the granting of variations, the report of the Building Official, and any oral and written comments received by the Zoning Board of Appeals before or at the public hearing.

   (C)   The Zoning Board of Appeals shall not recommend the granting of any variation unless there is a concurring vote of a majority of all members present, with a minimum of four concurring votes required, based on findings of fact that the proposed variation meets the standards set forth in this Part for the proposed variation.

   (D)   Within a reasonable time, all findings of fact the Zoning Board of Appeals arrived at shall be submitted with a report and recommendation to the City Council. The recommendation of the Zoning Board of Appeals may specify such conditions and restrictions upon the premises benefited by a variation as may be necessary to satisfy the standards set forth in Section 6-13-39 and to reduce or minimize any injurious effect of such variation upon other property in the neighborhood.

   (A)   A variation shall be granted only where the evidence presented in the particular case shows that:

      1.   The particular physical conditions, shape, or surroundings of the property would impose upon the owner a practical difficulty or particular hardship, as opposed to a mere inconvenience, if the requirements of this Chapter were strictly enforced; and

      2.   The plight of the property owner was not created by the owner and is due to unique circumstances; and

      3.   The difficulty or hardship is peculiar to the property in question and is not generally shared by other properties classified in the same zoning district and/or used for the same purposes; and

      4.   The difficulty or hardship resulting from the application of this Title would prevent the owner from making a reasonable use of the property; however, the fact that the property could be utilized more profitably with the variation than without the variation shall not be considered as grounds for granting the variation; and

      5.   The proposed variation will not impair an adequate supply of light and air to adjacent property or otherwise injure other property or its use, will not substantially increase the danger of fire or otherwise endanger the public health, safety, morals and welfare, and will not substantially diminish or impair property values within the neighborhood; and

      6.   The variation, if granted, will not alter the essential character of the neighborhood and will be consistent with the goals, objectives, and policies set forth in the Comprehensive Plan.

      7.   The variation will not unreasonably increase the congestion in public streets.

   (B)   In the case of variations sought from the regulations of Chapter 4 "Nonconforming Buildings, Structures and Uses," the following standards shall be considered by the Zoning Board of Appeals in lieu of those standards provided in Section 6-13-39A.:

      1.   Whether a strict application of the terms of Chapter 4 imposes on the applicant a practical difficulty or particular hardship that can be alleviated by the granting of a variance under this Part J of Chapter 13; and

      2.   Whether the granting of the variance will be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and

      3.   Whether the granting of the variance will be beneficial to the public welfare of the City as a whole; and

      4.   Whether the granting of the variance will adversely impact the use or structure on abutting properties and, if so, whether the applicant is proposing to provide a landscaped or other appropriate buffer to reduce those adverse impacts; and

      5.   Whether the granting of the variance will either increase the number of employees hired by the applicant or allow the applicant to maintain a profitable business within the City; and

      6.   Whether the nonconforming use and/or structure has existed for more than five years; and

      7.   Whether the applicant has been offered significant financial incentives by the City and/or County to relocate his or her nonconforming use and/or structure within the City and/or County. (Ord. 1973, 1-6-1997)

   (A)   When a property owner or his agent shows that a strict application of the terms of the Zoning Title relating to the use, construction or alteration of buildings or structures, or the use of land imposes upon him practical difficulties or particular hardship, then the Zoning Board of Appeals may grant such variations of the strict application of the terms of the Zoning Title as are in harmony with its general purpose and intent when the Board is satisfied, under the evidence heard before it, that a granting of such variation will not merely serve as a convenience to the applicant, but is necessary to alleviate some demonstrable hardship or difficulty so great as to warrant a variation from the provisions of the Zoning Title, or in the following instances:

      1.   To permit the extension of a district where the boundary line of a zoning district divides a lot in single ownership as shown on record prior to the date of passage of the Zoning Title.

      2.   To permit a front yard, a side yard, or a rear yard less than that required by the Zoning Title, but such variation shall not exceed fifty percent (50%) of the depth of the front yard, or the depth of the rear yard, or the width of a side yard as required by the Zoning Title.

      3.   To permit a building to exceed the height limit by not more than ten percent (10%) of the height limit established by the zoning district in which it is located.

      4.   To permit the use of a lot less in area than that required by the zoning district in which it is located by not more than twenty percent (20%).

      5.   To permit the use of a lot less in width than that required by the zoning district in which it is located by not more than twenty percent (20%).

      6.   To interpret the provisions of the Zoning Title where the street layout actually on the ground varies from the street layout as shown on the Official Zoning Map fixing the several districts, which Map is made a part of the Zoning Title. (Ord. 1973, 1-6-1997)

   (A)   No variation in any specific case shall be made by the City Council without a hearing by the Zoning Board of Appeals as required herein nor without a report thereof having been made by the Board to the City Council, and every such report shall be accompanied by findings of fact specifying the reasons for the report.

   (B)   Upon receiving the report and recommendation of the Zoning Board of Appeals, and without further public hearing, the City Council may:

      1.   Deny the variation; or

      2.   Refer the application back to the Zoning Board of Appeals for further consideration; or

      3.   Adopt an ordinance granting the variation.

   (C)   The City Council may attach such conditions to the granting of a variation as it deems necessary to have the proposed use meet the standards set forth in Section 6-13-39 above and to prevent or minimize adverse effects on other property in the neighborhood. Such conditions may include, but are not limited to: limitations on size, bulk and location; requirements for landscaping, signage, outdoor lighting, and the provision of adequate ingress and egress; limitations on hours of operation; and the mitigation of environmental impacts. Such conditions may be stricter than any requirement or limitation stated elsewhere in this Title for the proposed use.

   (D)   Any proposed variation which fails to receive the approval of four (4) members of the Zoning Board of Appeals shall not be passed except by the favorable vote of two-thirds (2/3) of all the elected members of the City Council; however, the City Council may approve the variation by only a majority vote of those members present and voting where the application is filed by the City itself or by a public school district, public library district, or public park district governed by a board or commission elected by the residents of the City. Any variation which receives the approval of the Zoning Board of Appeals may nevertheless be denied by a majority vote of the members of the City Council present and voting. (Ord. 1973, 1-6-1997; amd. Ord. 2011, 9-2-1997)

   (A)   The granting of a variation by the City Council authorizes the applicant to proceed with any necessary applications for building permits, certificates of occupancy, and other permits which the City may require for any proposed development of the property. The Building Official shall review applications for these permits for compliance with the terms of variation granted by the City Council. No permit shall be issued for work which does not comply with the terms of the variation.

   (B)   The approval of a variation by the City Council shall be void if the recipient does not file an application for a building permit or certificate of occupancy for the proposed use within six (6) months after the date of the ordinance granting the variation. An applicant who has obtained a variation may request an extension of this time period by filing with the Building Official a letter stating the reasons for the request. The Building Official shall transmit the letter to the City Council which at a regular meeting may grant the request for good cause shown by the applicant.

   (C)   No application for a variation shall be filed with or accepted by the Building Official which is identical or substantially similar to an application which has been denied by the City Council within the previous twelve (12) months. (Ord. 1973, 1-6-1997)

Nothing herein contained shall be construed to give or grant to the Zoning Board of Appeals the power or authority to alter or change the Zoning Title or any zoning district made a part of the Zoning Map, such power and authority being reserved to the City Council. The Zoning Board shall not have any power or authority with respect to any alterations or change of the Zoning Title except to make recommendations to the City Council in such specific cases as may properly come before the Board. (Ord. 1973, 1-6-1997)

   (A)   Any person aggrieved by a ruling of the Building Official or by any officer, department, board or bureau of the City concerning the interpretation of this Title, may take an appeal to the Zoning Board of Appeals.

   (B)   The appeal shall be taken within such time as shall be prescribed by the Zoning Board of Appeals by general rules adopted by it, and shall be taken by filing with the Clerk and with the Zoning Board of Appeals a notice of appeal, specifying the grounds thereof, together with such plats and exhibits as are reasonably necessary. The appeal shall be taken upon forms provided by the Zoning Board of Appeals. The Clerk shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed was taken. (Ord. 1973, 1-6-1997)

   (A)   The appeal shall stay all proceedings and furtherance of the action appealed from, unless the Building Official certifies to the Zoning Board of Appeals, after notice of appeal has been filed with him or her that by reason of facts stated in the certificate, a stay would in his or her opinion cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record on application, with notice to the officer from whom the appeal is taken and all due causes shown.

   (B)   The Zoning Board of Appeals shall fix a reasonable time and place for the hearing of appeals and shall give notice thereof to the persons appealing and to the officer from whom the appeal is taken. It shall hear and decide the appeal within a reasonable time. At the hearing parties of interest may appear in person, by agent or attorney.

   (C)   The Zoning Board of Appeals may reverse or affirm wholly or in part, or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises and to that end shall have all powers of the officer from whom the appeal is taken.

   (D)   All final administrative decisions of the Zoning Board of Appeals under this Chapter shall be subject to judicial review pursuant to the provisions of the "Administrative Review Act" of the State, approved May 8, 1945, and all amendments and modifications thereof, and the rules adopted pursuant thereto. The term "administrative decision" is defined as in section 1 of the "Administrative Review Act." (735 ILCS 5/3-101) (Ord. 1973, 1-6-1997)