The primary administration of this Chapter is hereby vested in four offices of the government of the City as follows:

Zoning Administrator

Zoning Board of Appeals*

Zoning and Planning Commission*

City Council

* The Zoning Board of Appeals and the Zoning and Planning Commission are the same body acting in two capacities.

For the purposes of this Chapter, the Zoning Administrator's responsibilities shall include:

(a)

Issue all zoning certificates and make and maintain records thereof;

(b)

Issue all certificates of occupancy, and make and maintain records thereof;

(c)

Be responsible for conducting all necessary pre-application conferences;

(d)

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

(e)

Issue violation notices requiring compliance within a reasonable period of time, not to exceed forty-five (45) days, and advising suspected violators of right of appeal to the Zoning Board of Appeals;

(f)

Require that all construction or work of any type be stopped when such work is not in compliance with this Chapter; and revoke any certificate which was unlawfully issued;

(g)

Review all applications for approval of non-listed uses, as established in Section 22.48;

(h)

Have possession of permanent and current records of this Chapter, including, but not limited to, all maps, amendments, conditional uses, variations, appeals, and applications therefore;

(i)

Assist in providing public information relative to this Chapter;

(j)

Forward to the Zoning and Planning Commission all applications for conditional uses and for amendments to this Chapter that are initially filed with the office of the Zoning Administrator;

(k)

Forward to the Zoning Board of Appeals applications for appeals, variations, or other matters on which the Board of Appeals is required to pass under this Chapter;

(l)

Enforce all orders of the Zoning Board of Appeals;

(m)

Initiate, direct, and review, from time to time, a study of the provisions of this Chapter, and make a report of his recommendations to the Zoning and Planning Commission not less frequently than once a year. Once every three years the Zoning Administrator shall be required to make a study of both this Chapter and the comprehensive plan, and submit a report thereon to the Zoning and Planning Commission.

(n)

Be entitled to request and rely upon any opinions of the City Attorney's office as to the interpretations of this Chapter, or the legal applications of this Chapter to any factual situations.

(o)

Request and receive the assistance and cooperation of the Police Department, Fire Department, City Attorney's office and other City officials.

(p)

Adopt rules and procedures consistent with this Chapter.

(q)

Other duties as assigned by the Director of Planning and Development.

(a)

Creation and Membership. A Zoning Board of Appeals also known as the Zoning and Planning Commission is hereby established. The word "Board" when used in this Chapter shall be construed to mean the Board of Appeals. The Board shall consist of nine members appointed by the Mayor of the City, by and with the consent of the City Council. The nine members of the Board of Appeals first appointed shall serve respectively for the following terms: one for one-year, two for two years, two for three years, two for four years, and two for five years.

The successor of each member so appointed will serve for a term of five years. One of the members of the Board shall be designated by the Mayor of the City, with the consent of the City Council as Chairman of the Board and shall hold office as Chairman until a successor is appointed. The Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. The Mayor of the City will have the power to remove any member of said Board for cause and after public hearing. Vacancies upon the Board shall be filled for the unexpired term of the member whose place has become vacant, in the manner provided in this Code.

(b)

Meetings. All meetings of the Board of Appeals shall be held at the call of the chairman, or upon the call of any three members, and at such times as such Board may determine. All meetings of said Board shall be open to the public, except executive sessions in accordance with the open meetings act. The Board 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 examinations and other official actions. Findings of fact shall be included in the minutes of each case of a requested variation, and the reasons for making or denying such variation, shall be specified. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board, when final, shall be filed immediately in the office of the Board and in the office of the City Clerk and shall be a public record. The Board shall adopt its own rules of procedure not in conflict with this Chapter or with the Illinois statutes in such case made and provided, and may select or appoint such officers as it deems necessary.

(c)

Jurisdiction.

(1)

To hear and decide appeals from any order, requirement, decision, or determination made by the Zoning Administrator under this Chapter;

(2)

To hear and pass upon applications for variations from the terms of this Chapter, in the manner prescribed by and subject to the standards established herein;

(3)

To hear and decide all matters referred to it upon which it is required to pass under this Chapter; and

(4)

To hear and refer to the City Council, with recommendations, those requested variations specifically cited in subsection 22.23(e).

All final administrative decisions of the Zoning Board of Appeals shall be subject to judicial review pursuant to the provisions of the "Administrative Review Act" of the State of Illinois approved May 8, 1945, and all amendments and modifications thereof, and the rules adopted pursuant thereto.

(a)

Creation and Rules. The Zoning and Planning Commission of the City, as created in accordance with Illinois Statutes and as described and empowered in Section 4.07, is the Zoning and Planning Commission referred to in this Chapter. The word "Commission" when used in this Chapter shall be construed to mean the Zoning and Planning Commission.

(b)

Jurisdiction. The Zoning and Planning Commission shall discharge the following duties under this Chapter:

(1)

Review all applications for amendments to this Chapter (text or map), and report findings and recommendations to the City Council, in the manner prescribed in this chapter for amendments;

(2)

Review all applications for conditional uses, and report findings and recommendations to the City Council, as prescribed in the section on conditional uses;

(3)

Receive from the Zoning Administrator recommendations as related to the effectiveness of this Chapter and report its conclusions and recommendations to the City Council not less frequently than once a year;

(4)

Every three years conduct a complete review of zoning and the comprehensive plan, hold public meetings thereon, and make recommendations to City Council; and

(5)

Review and advise upon all other matters referred to it by this Chapter.

(a)

Creation. The City Council of the City of Elmhurst, hereinafter referred to as the "City Council" or "Council", as established in accordance with the revised statutes of the State of Illinois and this Code, is the City Council referred to in this Chapter.

(b)

Jurisdiction. The City Council shall discharge the following duties under this Chapter:

(1)

Approve or disapprove all proposed amendments and conditional uses, upon receipt of recommendations from the Zoning and Planning Commission.

(2)

Determine the approval or denial of those variations referred to it by the Zoning Board of Appeals.

(3)

Act upon the annual report from the Zoning and Planning Commission concerning the status of zoning and the triennial report concerning both this Chapter and the comprehensive plan.

(a)

Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by an officer, department, or employee unless the application for such permit has been examined by the Zoning Administrator or his duly appointed representative, and has affixed to it his certificate, indicating that the land and the proposed building or structure complies with all the provisions of this Chapter. Any permit or certificate issued in conflict with the provisions of this Chapter shall be null and void.

(b)

Plans and Drawings. Every application for a zoning certificate in CR, RE, Rl, R2, R3 and Neighborhood Transition, zoning districts shall be accompanied by:

(1)

A plot or plan of the piece or parcel of land, lot, lots, block or blocks, or parts or portions thereof, drawn to scale showing the actual dimensions of the piece or parcel, lot, lots, block or blocks, or portions thereof, according to the registered or recorded plat of such land; and

(2)

Additional drawings drawn to a scale in such form as may, from time to time, be prescribed by the Zoning Administrator showing the ground area, height, and bulk of the building or structure, the building lines in relation to lot lines, the use to be made of the building, structure, or land, topographic survey, and such other information as may be required by the Zoning Administrator for the proper enforcement of this Chapter.

The Zoning Administrator may, in those cases where in his judgment it is necessary, require certification by a registered professional engineer, registered architect, or registered land surveyor.

Prior to the issuance of a zoning certificate in the R4, CI, O1, CI, C2, C3, CBC, CBOC, and CBOCR, I1, I2, zoning districts, the requirements of section 22.49, shall first be met with regard to new construction.

(Ord. No. ZO-11-2017, § 5, 8-21-2017)

No building, or addition thereto, constructed after the effective date of the ordinance from which this Chapter is derived, and no addition to a previously existing building shall be occupied, and no land, vacant on the effective date of the ordinance from which this Chapter is derived, shall be used for any purpose until a certificate of occupancy has been issued by the Zoning Administrator.

Every certificate of occupancy shall state that the use or occupancy complies with the provisions of this Chapter.

(a)

Application for Occupancy Certificate. Every application for a building permit or zoning certificate shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new use of land where no building permit is required shall be made directly to the Zoning Administrator.

(b)

Issuance of Occupancy Certificate. No occupancy certificate for a building, or portion thereof, constructed after the effective date of the ordinance from which this Chapter is derived, shall be issued until construction has been completed and the premises inspected and certified by the Zoning Administrator to be in conformity with the plans and specifications upon which the zoning certificate was based. No occupancy certificate for a building, or addition thereto, constructed after the effective date of the ordinance from which this Chapter is derived, shall be issued and no addition to a previously existing building shall be occupied until the premises have been inspected and certified by the Zoning Administrator to be in compliance with all applicable standards. Pending the issuance of a regular certificate, a temporary certificate may be issued to be valid for a period not to exceed six months from its date during the completion of any addition or during partial occupancy of the premises. The occupancy certificate shall be issued or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, not later than fourteen (14) days after the Zoning Administrator is notified in writing that the building or premises are ready for occupancy.

(a)

Purpose. The Zoning Board of Appeals, after a public hearing, may vary the regulations of this Chapter in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where such Board makes findings of fact in accordance with the standards hereinafter prescribed, and further, finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this Chapter.

Requests for variations other than those expressly specified in this section shall be heard by the Zoning Board of Appeals and a recommendation thereon shall be forwarded to the City Council for final disposition.

(b)

Application and Notice of Hearing.

(1)

An application for a variation may be made by any person, firm or corporation, or by any office, department, board, bureau or commission requesting or intending to request application for a zoning certificate.

The application shall contain such information as required by the Zoning Administrator and the Zoning Board of Appeals and shall include, at a minimum:

(A)

Legal descriptions and common address for the property.

(B)

Current plat of survey locating lot lines and all existing improvements and structures.

(C)

A vicinity map indicating the location and distance of adjoining principal and accessory uses from the subject property.

(D)

Satisfactory evidence of ownership by affidavit, contract purchase, or disclosure of beneficial trust, indicating all parties or entities having an interest in the property.

(E)

A project impact statement justifying the need for the variation and how the standards of subsection (e) have been met.

(2)

An application for a variation shall be filed with the Zoning Administrator, who shall forward such application, within ten (10) days, to the Zoning Board of Appeals for processing.

(3)

Notice of all public hearings conducted by the Zoning Board of Appeals 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.

(4)

In addition, notices shall be sent by first class mail to all owners (as determined from current real estate tax records) of property located within five hundred (500) feet of any lot line of the property included in the requested variation.

(c)

Posting of Sign. No request for a variation shall be considered without first having posted a sign on the property in accordance with the provision of this section.

(1)

The applicant is required to post one sign on the property for fifteen (15) consecutive days prior to the public hearing. Such sign shall be posted by 9:00 a.m. of the first day required. The sign must have a white background with black lettering in bold print, the lettering to be no less than one-inch in height.

The applicant must provide to the Zoning Administrator an affidavit verifying compliance with this section.

The sign shall be a freestanding ground sign, not to exceed five feet in height. The sign face shall not be larger than eight square feet in area, with no dimension to be smaller than two feet in length. The sign shall be set back no less than twelve (12) feet from all right-of-way lines and shall be set no closer than ten (10) feet from any structure on the lot.

(2)

The sign must contain the following information:

(A)

Present zoning classification and requested variation;

(B)

Date, time and place of public hearing;

(C)

A copy of the legal notice by the City, in an eight and one-half inches by eleven (11) inch size, shall be affixed to the sign in a clear plastic cover;

(D)

A statement that questions regarding the requested variation should be directed to the Zoning Administrator's office and listing the address and telephone number of that office.

The sign shall remain posted until final action by the City Council, or the Zoning Board of Appeals for those cases where the Zoning Board of Appeals has final authority.

The applicant shall remove all signs within ten (10) days of such final action. The Zoning Administrator may modify the provisions of this section when he finds those provisions inappropriate under the circumstances to provide the intended sign display, and shall then require an alternative method of sign display that will provide adequate notice to the public.

(d)

Required Drawings. Applications for variation shall be accompanied by twenty (20) sets of drawings, at a scale of one hundred (100) feet to the inch or at a scale and size deemed appropriate by the Zoning Administrator, including a block diagram with street numbers, lot and block numbers and street frontage, showing the character and occupancy of all property within five hundred (500) feet in all directions from the property for which such petition is being filed.

(e)

Standards and Conditions for Variations. In its consideration of the standards of practical difficulties or particular hardship, the Zoning Board of Appeals shall require evidence that:

(1)

The plight of the owner is due to unique circumstances; and

(2)

The variation, if granted, will not alter the essential character of the neighborhood; and

(3)

Property in question cannot yield a reasonable return or provide the owner or tenants a reasonable enjoyment of the property if permitted to be used only under the conditions allowed by the regulations in its zone.

In considering all proposed variations to this Chapter, the Zoning Board of Appeals shall, before making any variation from this Chapter in a specific case, first determine that there is a practical difficulty or particular hardship, and that the proposed variation or modification thereof will not impair an adequate supply of light and air to adjacent property, or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the City.

(f)

Authorized Variations. Variations from the regulations of this Chapter shall be granted by the Board of Appeals only in accordance with the standards established in subsection (e), and may be granted only in the following instances and in no others:

(1)

To permit any yard or setback less than the yard or setback required by the applicable regulations, but not to exceed a reduction of twenty (20) percent of the required dimension;

(2)

To permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient width of the lot or lots, but in no event shall the respective width of the lot or lots be reduced by more than ten (10) percent of the required width;

(3)

To permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient area of the lots or lots, but in no event shall the respective area of the lot or lots be reduced by more than five percent of the required area;

(4)

To allow an increase of not more than ten (10) percent in the intensity of any land use;

(5)

To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week;

(6)

To reduce the applicable off-street parking or loading facilities required by not more than one parking space or loading space, or ten (10) percent of the required facilities, whichever number is greater;

(7)

To allow an increase of from one to fifty (50) percent in the maximum distance that required parking spaces are permitted to be located from the use served;

(8)

To allow an increase in the height of structures not exceeding ten (10) percent greater than the required maximum height.

(9)

To increase by not more than one sign the maximum number of signs of any functional type otherwise allowed.

(10)

To allow an increase in the height of wall signs, provided, however, that such signs do not exceed the height of the structure to which it is attached.

(11)

To increase the maximum allowable height of any fence.

Requests for any variation other than those listed above shall be decided by the City Council after a hearing thereon by the Board of Appeals and subsequent recommendation to the City Council.

Whenever any other application is filed as a companion to an application for a variation which would by itself be within the sole jurisdiction of the Zoning Board of Appeals, and such companion application requires approval by the City Council, the Zoning Board of Appeals shall lose its authority to grant such variation. In such event, the Zoning Board of Appeals shall conduct any necessary hearings, make its recommendation and refer same to the City Council.

(g)

Action by City Council. The power of the City Council to determine and approve variations shall be exercised only by the adoption of ordinances. No such ordinance shall be passed unless the application for the proposed variation shall have first been referred to the Zoning Board of Appeals for a public hearing and recommendation, in the same manner as references of proposed amendments to this Chapter. An ordinance granting a variation recommended by the Zoning Board of Appeals may be passed by a majority vote of the aldermen. An ordinance granting a variation contrary to the recommendations of the Zoning Board of Appeals shall require a two-thirds vote of the aldermen then holding office for passage. The Zoning Board of Appeals shall approve or deny any requested variation, or transmit written recommendations thereon, to the City Council within sixty (60) days from the date of the close of the hearing unless a time extension is agreed to by the petitioner.

If no report or recommendation is filed within sixty (60) days from the date of the close of the hearing, and no time extension is agreed to, the petition shall be deemed to have received a recommendation of denial.

(h)

Revocation. Where a variation has been granted pursuant to the provisions of this Chapter, such approval shall become null and void unless work thereon is substantially under way within nine months of the date of issuance, unless extended by the Board of Appeals or City Council, as the case may be.

(a)

Authority. An appeal may be taken from the officer charged with the enforcement of this Chapter by any person, firm or corporation aggrieved, or by an officer, department, board or bureau of the City affected by a decision of the enforcement officer. Such appeal shall be taken within such time as shall be prescribed by the Zoning Board of Appeals by general rule, by filing with the officer from whom the appeal is taken and with the Board of Appeals a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

(b)

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

(c)

Public Meeting. A public meeting shall be conducted by the Board of Appeals upon every appeal.

(d)

Board May Reverse or Affirm. The Board may reverse or affirm wholly or partly or may modify or amend the order, requirement, decision or determination appealed from to the extent and in the manner that the Board may decide to be fitting and proper in the premises, and to that end the Board shall also have the powers of the officer from whom the appeal is taken.

(e)

Decisions. All decisions, after hearing before the Zoning Board of Appeals on appeals from an administrative order, requirement, decision, or determination relating to this Chapter, of the Zoning Administrator or other authorized official of the City shall, in all instances, be final administrative determinations and shall be subject to judicial review only in accordance with applicable statutes of the State of Illinois. The Zoning Board of Appeals shall decide an appeal within thirty (30) days after close of the meeting thereon unless this time period is extended by mutual consent of the Board of Appeals and the appellant.

(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, in the manner hereinafter set forth, amend the regulations imposed in the districts created by this Chapter or amend district boundary lines, provided that in all amendatory ordinances adopted under the authority of this section, due allowances shall be made for existing conditions, the conservation of property values, the direction of building development in accordance with the comprehensive plan, and the uses to which property is devoted at the time of the adoption of such amendatory ordinance.

(b)

Initiation of Amendment. Text amendments may be proposed by the City Council, the Zoning Board of Appeals, the Zoning and Planning Commission, or any person or entity having a proprietary interest in property located within the City.

Map amendments may be proposed by the owner of the property involved or the City Council, Board of Appeals, or Zoning and Planning Commission.

(c)

Application for Amendment—Procedure. An application for an amendment to this Chapter shall be filed with the Zoning Administrator. The application shall contain such information as the Zoning Administrator and Zoning and Planning Commission require. An application for map amendment shall include, as the minimum, the following:

(1)

Legal description and common address of the property;

(2)

A current plat of survey locating lot lines and all existing structures;

(3)

Satisfactory evidence of ownership by affidavit, contract purchase, or disclosure of beneficial trust, showing all persons or entities having an interest in the property;

(4)

Existing zoning on the subject property and within five hundred (500) feet of the site;

(5)

Proposed zoning and land use;

(6)

A project impact statement detailing the reason(s) or need of the amendment and how the standards and findings required under subsection (g) have been met.

The Zoning Administrator, upon receiving an application for amendment, shall transmit the application, within thirty (30) days, along with all pertinent data filed therewith, to the Zoning and Planning Commission for review and recommendation, with a copy to the City Council.

(d)

Hearing on Application. The Zoning and Planning Commission, upon receipt of any application for amendment, shall hold public hearings in accordance with existing procedures and in accordance with the revised statutes of the State of Illinois. Such hearing shall be attended by the applicant or his authorized representative. (See Section 22.27)

(e)

Notice of Hearing. Notice of time and place of such hearing shall be published at least once in a newspaper of general circulation within the City not more than thirty (30) days nor less than fifteen (15) days before such hearing. In addition, and in the event of an application for a map amendment, notices shall be sent by first class mail, postage prepaid, to all owners (as determined from current real estate tax records) of property located within five hundred (500) feet of any lot line of the property included in the proposed amendment.

(f)

Posting of Sign. No map amendment to the classification and zoning of any property shall be made without first having posted a sign on the property in accordance with the provision of this section.

(1)

The applicant is required to post one sign on the property for fifteen (15) consecutive days prior to the public hearing. Such sign shall be posted by 9:00 a.m. of the first day required. The sign must have a white background with black lettering in bold print, the lettering to be no less than one-inch in height.

The applicant must provide to the Zoning Administrator an affidavit verifying compliance with this section.

The sign shall be a free-standing ground sign, not to exceed five feet in height. The sign face shall not be larger than eight square feet in area, with no dimension to be smaller than two feet in length. The sign shall be set back no less than twelve (12) feet from all right-of-way lines and shall be set no closer than ten (10) feet from any structure on the lot.

(2)

The sign must contain the following information:

(A)

Present zoning classification and requested zoning amendment;

(B)

Date, time and place of public hearing;

(C)

A copy of the legal notice by the City, in an eight and one-half inches by eleven (11) inch size, shall be affixed to the sign in a clear plastic cover; and

(D)

A statement that questions regarding the proposed zoning amendment should be directed to the Zoning Administrator's office and listing the address and telephone number of that office.

The sign shall remain posted until final action by City Council.

The applicant shall remove all signs within ten (10) days of such final action having been taken upon said application by the City Council. The Zoning Administrator may vary the provisions of this section when he finds those provisions inappropriate under the circumstances to provide the intended sign display, and shall then require an alternative method of sign display that will provide adequate notice to the public.

(g)

Findings of Fact and Recommendation. The Zoning and Planning Commission shall submit recommendations to the City Council within sixty (60) days of the close of the public hearing. Extension of this time period may be allowed by mutual consent of applicant and Commission. Where the purpose and effect of the proposed map amendment is to change the zoning classification of particular property, the Commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters:

(1)

Existing uses of property within the general area of the property in question;

(2)

The zoning classification 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 as well as the proposed zoning classification; and

(4)

The current comprehensive plan for the City.

The Zoning and Planning Commission shall not recommend the adoption of a proposed amendment unless they find that the adoption of such amendment is not detrimental to the public interest. The Commission may recommend the adoption of a map amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant, with the concurrence of the applicant. For the purpose of this paragraph, the CR district shall be considered the highest classification and the I2 district shall be considered the lowest classification.

(h)

Action by the City Council.

(1)

The City Council shall not act upon a proposed amendment to this Chapter until it shall have received a written report and recommendation from the Zoning and Planning Commission on the proposed amendment.

(2)

The City Council may grant or deny any application for an amendment, provided however, that in case of a written protest against any proposed map amendment, signed and acknowledged by the owners of twenty (20) percent of the frontage proposed to be altered, or by the owners of twenty (20) percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty (20) percent of the frontage directly opposite the frontage proposed to be altered as to such regulations or district, filed with the City Clerk (with a copy forwarded to the Zoning Administrator), such map amendment shall not be passed except by the favorable vote of two-thirds of all members of the City Council.

(i)

Effect of Denial of Amendment. 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 the order of denial, except on the grounds of new evidence or proof of change of condition found to be valid by the Zoning Administrator.

(j)

Repeal of Amendment. In any case where a change of boundary lines of the zoning district map has been granted, and where no development has taken place within one-year, the Zoning and Planning Commission may hold a public hearing, after notice of public hearing has been given, and recommend to the City Council that such zoning be affirmed or repealed and rezoned to its most appropriate district classification.

(k)

Permits Pending Decision on Amendment. When a proposal to amend the this Chapter is initiated by the City, no permit, for the erection or alteration of any building or structure or license or permit for the conduct of any use that would be in violation of the proposed amendment, shall be issued during the period of ninety (90) days after the proposed amendment has been referred to the Zoning and Planning Commission for public hearing; provided, however, that if within the ninety (90) day period the City Council shall amend this Chapter so as to prohibit such building structure or use, such license or permit shall be denied. If within such ninety (90) day period action has been taken by the City Council to reject such contemplated amendment, such license or permit, if otherwise lawful, shall issue immediately.

This section shall apply only to those licenses or permits for which application is made subsequent to such referral.

(a)

Purpose. The execution of this Chapter is based upon the division of the city into districts within which districts 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 conditional uses fall into two 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.

(b)

Initiation of Conditional Use. Any person having an interest in fee simple in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest or an exclusive possessory interest, and which is specifically enforceable, may file an application to use such land for one or more of the conditional uses provided for in this Chapter in the zoning district in which the land is located.

(c)

Application for Conditional Use. An application for a conditional use shall be filed with the Zoning Administrator.

The application shall contain such information as the Zoning Administrator and Zoning and Planning Commission may require, but shall include:

(1)

Legal description and common address for the property;

(2)

Current plat of survey locating lot lines and all existing structures;

(3)

Satisfactory evidence of ownership by affidavit, or contract to purchase and disclosure of beneficial trust, as applicable;

(4)

Existing zoning on subject property and within five hundred (500) feet.

(5)

Proposed zoning and land use; and

(6)

Site plan in accordance with the requirements of Section 22.49.

(7)

Project impact statement describing the reasons for the conditional use and stating how the standards contained in subsection (e) have been met.

The application shall be accompanied by such plans and/or data prescribed by the Zoning and Planning Commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use will conform to the standards set forth in subsection (e), hereinafter. Such application shall be forwarded from the Zoning Administrator to the Zoning and Planning Commission, within sixty (60) days, for review and recommendation, with a copy to City Council.

(d)

Hearing on Application for Conditional Use. The Zoning and Planning Commission shall hold a public hearing on each application, at such time and place as shall be established by the Commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such manner as the Commission shall, by rule, prescribe from time to time. Such hearing shall be attended by the applicant or his authorized representative.

(e)

Notice of Hearing. Notice of time and place of such hearing shall be published at least once in a newspaper of general circulation within the City not more than thirty (30) days nor less than fifteen (15) days before such hearing. In addition, notices shall be sent by first class mail, postage prepaid, to all owners (as determined from current real estate tax records) of property located within five hundred (500) feet of any lot line of the property included in the proposed amendment. (See Section 22.27)

(f)

Posting of Sign. No request for a conditional use shall be considered without first having posted a sign on the property in accordance with the provision of this section.

(1)

Sign Posting Requirements. The applicant is required to post one sign on the property for fifteen (15) consecutive days prior to the public hearing. Such sign shall be posted by 9:00 a.m. of the first day required. The sign must have a white background with black lettering in bold print, the lettering to be no less than one-inch in height.

The applicant must provide to the Zoning Administration an affidavit verifying compliance with this section.

The sign shall be a free standing ground sign, not to exceed five feet in height. The sign face shall not be larger than eight square feet in area, with no dimension to be smaller than two feet in length. The sign shall be set back no less than twelve (12) feet from all right-of-way lines and shall be set no closer than ten (10) feet from any structure on the lot.

(2)

The sign must contain the following information:

(A)

Present zoning classification and requested conditional use;

(B)

Date, time and place of public hearing;

(C)

A copy of the legal notice by the City, in an eight and one-half inches by eleven (11) inches size, shall be affixed to the sign in a clear plastic cover;

(D)

A statement that questions regarding the requested conditional use should be directed to the Zoning Administrator's office and listing the address and telephone number of that office.

The sign shall remain posted until final action by City Council.

The applicant shall remove all signs within ten (10) days of such final action. The Zoning Administrator may vary the provisions of this section when he finds those provisions inappropriate under the circumstances to provide the intended sign display, and shall then require an alternative method of sign display that will provide adequate notice to the public.

(g)

Recommendation. For each application for a conditional use, the Zoning and Planning Commission shall, within sixty (60) days of close of the public hearing, report its findings and recommendations to the City Council, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest.

(h)

Standards. No conditional use shall be recommended by the Zoning and Planning Commission, unless they shall find:

(1)

That the establishment, maintenance, or operation of the conditional use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare;

(2)

That the conditional 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;

(3)

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

(4)

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

(5)

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;

(6)

That the proposed conditional use is not contrary to the objectives of the current comprehensive plan for the City; and

(7)

That the conditional 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 pursuant to the recommendations of the Commission.

(i)

Conditions and Guarantees. Prior to the granting of any conditional use, the Zoning and Planning Commission may recommend and the City Council may stipulate such conditions and restrictions, upon the establishment, location, construction, maintenance, and operation of the conditional use as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in subsection (e). In all cases in which conditional uses are granted, the City Council shall require such evidence and guarantees as they may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.

(j)

Action by the City Council.

(1)

The City Council shall not act upon a proposed conditional use allowed under this Chapter until it shall have received a written report and recommendation from the Zoning and Planning Commission on the proposed conditional use.

(2)

The City Council may grant, by ordinance or resolution, any application for conditional use, and may establish such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use, as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in subsection (e).

(3)

In all cases where the City Council permits the establishment of a conditional use, the terms of the relief granted shall be specifically set forth in the ordinance or resolution, separate from any findings of fact in the case.

(4)

In all cases where the City Council permits the establishment of a conditional use, the terms of the relief granted shall be deemed to relate to the particular zoning lot or lots, and not to individual owners of said lot or lots; provided, however, that such change in ownership be recorded with the Zoning Administrator, and provided that said new owner, through duly notarized documentation, agrees to the terms and conditions set forth in the resolution or ordinance granting such conditional use.

(k)

Revocation. In any case where a conditional use has not been established (substantially under way) within six months from the date of granting thereof, then, without further action by the City Council, the conditional use or authorization thereof shall be null and void. The Zoning Administrator shall submit a quarterly report as to the status of all approved and current conditional uses to the Zoning and Planning Commission and City Council.

(l)

Expiration. A conditional use approval shall be deemed to authorize only one particular conditional use and shall expire if the conditional use shall cease for more than six months for any reason, unless extended by City Council.

(m)

Transferability. The ownership of an authorized conditional use may be changed if the use remains unchanged.

(Ord. No. ZO-14-2019, § 2, 5-6-19)

(a)

Recording of Proceedings. Proceedings of the Zoning Board of Appeals regarding appeals and variations, and proceedings of the Zoning and Planning Commission concerning amendments and conditional uses shall be recorded and transcribed by a certified shorthand reporter or court reporter unless the Zoning Administrator, with the advice and consent of the Chairman of the Zoning Board of Appeals or the Chairman of the Zoning and Planning Commission, determines that such recording and transcription is not necessary due to the nature of the application. The reporter shall be selected or approved by the Zoning Administrator.

(b)

Expenses for Recording of Proceedings. The entire expense for the services of a certified shorthand reporter or court reporter shall be borne by the petitioner. Such expense shall be in addition to the filing fee required. A minimum amount as established in the schedule of fees of this Code shall be deposited by the petitioner at the time the filing fee is paid. Such amount shall be used to defray the expense of the services of the certified shorthand reporter or court reporter. In the event the expense for such services is less than the amount deposited, the unused balance shall be returned to the petitioner. In the event the expense for such services exceeds the amount deposited, the City shall bill the petitioner for such excess amount and such amount shall be paid by the City on the matter which is the subject of the public hearing. The State of Illinois, school districts, and units of local government shall not be required to deposit the amount as required herein provided that such governmental entities shall be required to reimburse the City for the City's actual expenses for the services of a certified shorthand reporter or court reporter.

Any person, firm, corporation, or agent, who shall file an application for amendment or application for an appeal, variation, or conditional use, or for any other certificate or license required under the terms of this Chapter, shall be charged a fee in accordance with a schedule of fees, as contained within this Code.

Any person, firm or corporation who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this Chapter, shall, upon conviction, be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

In case any building or structure is constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this Chapter or other regulation made under the authority conferred thereby, the proper local authorities of the City, in addition to other remedies, may institute any appropriate action or proceedings:

(a)

To prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance, or use;

(b)

To prevent the occupancy of the building, structure, or land;

(c)

To prevent any illegal act, conduct, business, or use in or about the premises; or

(d)

To restrain, correct, or abate the violation.

(a)

Intent and Purpose. The purpose of the regulations, standards, and criteria contained in this Chapter is to provide an alternate zoning procedure under which land can be developed or redeveloped with innovation, imagination, and creative architectural design when sufficiently justified under the provisions of this Chapter. The objective of the planned development is to encourage a higher level of design, amenity, and public benefit than is possible to achieve under otherwise applicable zoning regulations. The end result can be a product which fulfills the objectives of city plans, including, but not limited to, the Comprehensive Plan and all other relevant plans, and planning policies of the City while departing from the strict application of the use and bulk regulations as detailed in Chapter 22 of this Title. The planned development is intended to permit and encourage such flexibility and to accomplish the following purposes:

(1)

To stimulate creative approaches to the commercial, residential, industrial, and mixed-use development of land.

(2)

To streamline the approval process.

(3)

To provide more efficient use of land.

(4)

To preserve natural features and provide open space areas and recreation areas in excess of that required under existing zoning regulations.

(5)

To develop new approaches to the living environment through variety in type, design and layout of buildings, transportation systems, and public facilities.

(6)

To unify buildings and structures through design.

(7)

Promotion of long term planning pursuant to the City of Elmhurst Comprehensive Plan and other relevant plans and planning policies of the City, which will allow harmonious and compatible land uses or combination of uses with surrounding areas.

(8)

To find creative solutions to stormwater and sustainability related issues.

(b)

General Provisions.

(1)

For the purpose of this Title, the term "development" shall mean the division of land into two or more parcels, or the construction, reconstruction, conversion, structured alteration, relocation or enlargement of any structure or land disturbance, and any use or the extension of use of the land.

(A)

The following shall be approved as a planned development in accordance with the Zoning Ordinance:

i.

Any development in the Downtown (Central Business Core District, Central Business Outer Core District, Central Business Outer Core Residential, Neighborhood Transition District and Civic Institutional District), with seventy-five (75) feet or more of street frontage;

ii.

All development greater than 2-acres except for single-family detached developments;

iii.

Any single-family detached residential development of 10-acres or greater.

(B)

The following may be approved as a planned development in accordance with the Zoning Ordinance:

i.

Any development in the Downtown (Central Business Core District, Central Business Outer Core District, Central Business Outer Core Residential, Neighborhood Transition District and Civic Institutional District), with a street frontage of less than seventy-five (75) feet;

ii.

All development less than 2-acres except for single-family detached developments;

iii.

Any single-family-detached development with an area of at least 3-acres.

(C)

Each planned development should be presented and judged on its own merits. It shall not be sufficient to base justification for approval on a previously approved planned development.

(D)

The burden of providing evidence and persuasion that any planned development is necessary and desirable shall in every case rest with the applicant.

(E)

The City Council may permit buildings and uses or combinations of buildings and uses in compliance with an approved development master plan.

(2)

The procedures for approval of a planned development include mandatory and alternative processes. The concept/pre-filing phase is mandatory prior to the filing of any planned development application, pursuant to Section (f)(1) below. The applicant then has the option to apply for a combined preliminary and final application filed concurrently, or file a separate preliminary and final applications pursuant to Sections (f)(2), (f)(3), and (f)(4) below. An applicant that chooses to file solely for a preliminary application must within 180 days of preliminary planned development approval submit an application for final planned development, pursuant to Section (f)(4) below.

(c)

Findings and Standards for Review. In reviewing an application for a planned development, the Zoning and Planning Commission; the Development, Planning, and Zoning Committee; and/or the City Council, as the case may be, shall be required to make certain findings.

Required Findings: No application for a planned development shall be recommended and approved unless all the following findings are made about the proposal.

(1)

Conditional Use Standards pursuant to Section 22.26(h) of the Zoning Ordinance.

(2)

City Plans. The planned development shall conform with the general planning policies of the City's official plans, including, but not limited to, the Comprehensive Plan and other relevant plans and planning policies of the City.

(3)

Public Welfare. The planned development shall be so designed, located, and proposed to be operated and maintained that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire.

(4)

Impact on Public Facilities and Resources. The planned development shall include such impact contributions to the School District, Park District, and/or the City as may be reasonably determined by the City Council. These required impact contributions shall be calculated in reasonable proportion to impact of the planned development on public facilities and infrastructure.

(5)

Archaeological, Historical or Cultural Impact. The planned development shall adequately consider any substantially adverse impact of a known archaeological, historical, or cultural resource located on or off the parcel(s) proposed for development.

(6)

Parking and Traffic. The planned development shall have or make adequate provision to provide access to and circulation through the proposed use by motorized and non-motorized modes of transportation in a manner that considers walking, biking, and public transportation and provides adequate access for emergency vehicles.

(7)

Adequate Buffering. The planned development shall have adequate landscaping, public open space, and other buffering features to protect uses within the development and surrounding properties.

(8)

Performance. The applicant shall demonstrate to the City reasonable assurance that, if authorized, the planned development can be completed according to schedule as designed.

(9)

Appearance. The design of all buildings, structures, and facilities on the site of the planned development shall meet the design related recommendations of the relevant city plans, including, but not limited to, the Comprehensive Plan and other relevant plans and planning policies of the City.

(10)

Signs. Any proposed sign package shall be consistent with the character of the development and incorporate signage into the development in a way that avoids visual clutter or sign proliferation.

(d)

Site Development Allowances. Notwithstanding any limitations on variations which can be approved as contained elsewhere in the Zoning Code, site development allowances, i.e., deviations or relief from the underlying standards of the zoning district provisions set forth in the Zoning Code may be approved provided the applicant specifically identifies each such site development allowance and demonstrates how each such site development allowance would be compatible with surrounding development, is in furtherance of the stated objectives of this section and is necessary for proper development of the site.

(e)

Modification Standards. Modifications in conventional zoning and subdivision regulations are privileges and will be considered by the City only in direct response to the accrual of tangible benefits from the planned development to the City or the neighborhood in which it would be located. These benefits shall be in the form of exceptional amenities, outstanding environmental features, landscape, architectural or site design, or the conservation of special man-made or natural features of the site. In addition to the required findings, the following standards shall be utilized in considering applications for modifications of the conventional zoning and subdivision regulations for a planned development. These standards shall not be regarded as inflexible but shall be used as a framework by the City to test the quality of the amenities, benefits to the community, and design and desirability of the proposal.

(1)

Integrated Design. A planned development shall be laid out and developed as a unit in accordance with an integrated overall design. This design shall provide for safe, efficient, convenient, and harmonious grouping of structures, uses and facilities, and for appropriate relation of space inside and outside buildings to intended uses and structural features, utilizing quality building materials and a design consistent with guidelines, policies, and recommendations of relevant City Plans.

(2)

Beneficial Common Open Space. Any common open space in the planned development is encouraged and shall be integrated into the overall design. Such spaces shall have a direct functional or visual relationship to the main building(s) and not be of isolated or leftover character. The following would not be considered usable common open space:

(A)

Areas reserved for the exclusive use or benefit of an individual tenant or owner.

(B)

Dedicated streets, alleys, and other public rights-of-way.

(C)

Vehicular drives, parking, loading and storage area.

(D)

Irregular or unusable narrow strips of land less than fifteen (15) feet wide.

(3)

Location of Higher Buildings. Higher buildings shall be located within the planned development in such a way as to dissipate any material adverse impact on adjoining lower buildings within the development or on surrounding properties and shall not unreasonably invade the privacy of occupants of such lower buildings.

(4)

Functional and Mechanical Features. Exposed storage areas, trash and garbage retainers, exposed machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures shall be accounted for in the design of the planned development and made as unobtrusive as possible. They shall be subject to such setbacks, special planting or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties.

(5)

Visual and Acoustical Privacy. The planned development shall provide reasonable visual, and acoustical privacy for each dwelling unit and tenant space. Fences, insulations, walks, barriers, and landscaping shall be used as appropriate for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable view or uses, and reduction of noises.

(6)

Sustainable Best Practices. A planned development shall be designed with consideration given to various methods of site design and building location, architectural design of individual structures, landscaping design, and infrastructure reflective of sustainable best practices.

(7)

Landscape Conservation and Visual Enhancement. The existing landscape and trees in a planned development shall be conserved and enhanced, as feasible, by minimizing tree and soil removal, and the conservation of special landscape features such as streams, ponds, groves, and land forms. The addition or use of larger trees, shrubs, flowers, fountains, ponds, special paving amenities will be encouraged to the extent of their appropriateness and usefulness to the planned development and the likelihood of their continued maintenance.

(8)

Drives, Parking and Circulation. Principal vehicular access shall be from dedicated public streets, and access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to minimizing the number of vehicular access points to public streets, the location of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, adequate provision for service by emergency vehicles, and arrangement of parking areas that are safe and convenient, and insofar as feasible, do not detract from the design of proposed buildings and structures and the neighboring properties.

(9)

Storm Water. Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely impact neighboring properties or the public storm drainage system. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic.

(f)

Procedures. The following steps are provided to assure the orderly review of every planned development application in a timely and equitable manner.

(1)

Pre-filing Review of Concept Plan and Transmittal of Application.

(A)

Concept Plan Conferences.

i.

A prospective applicant, prior to submitting a formal application for a planned development, shall meet for a pre-filing conference(s) with City Planner and any other City officials or employees designated by the City Manager. The purpose of the conference(s) is to help the applicant understand the city plans, including, but not limited to, the Comprehensive Plan and other relevant plans and planning policies of the City, the Zoning Ordinance, the site development allowances, the standards by which the application will be evaluated, and the application requirements.

ii.

After the initial prefiling conference, the prospective applicant shall introduce their project to the Development, Planning and Zoning Committee. The Development, Planning, and Zoning Committee may provide feedback to the applicant based on materials presented. This feedback from the Development, Planning, and Zoning Committee is intended to provide the applicant with an initial impression relative to the character, appropriateness, and intensity of the proposed development, prior to the applicant officially filing for a planned development. Any comments and feedback from the Development, Planning, and Zoning Committee at this meeting is non-binding. The applicant is expected to provide a brief narrative and development concept plan sufficient to communicate the character of the proposed development and identify any site development allowances that may be requested.

iii.

After reviewing the planned development process, the applicant may request a waiver of any application requirement which in the applicant's judgment should not apply to the proposed planned development. Such request shall be made in writing to the City Planner prior to the submission of the formal application documents.

iv.

All requests for waiver shall be reviewed within thirty (30) working days by the City Planner. A final determination regarding the waiver shall be given to the prospective applicant following the decision.

v.

The applicant, prior to submitting a formal application for a planned development, will be required to schedule and conduct a public meeting to discuss the proposed planned development and its impact on area residents. The applicant shall send a written notice of the meeting via first class mail to all owners (as determined from current real estate tax records) of property located within five hundred (500) feet of any lot line of the subject property included in the proposed planned development. Such notice shall be mailed not less than fifteen (15) days prior to the date of the meeting. A copy of the notice and mailing list shall be provided to the City Planner. A written summary of comments made at the meeting shall be maintained and submitted by the applicant with the application.

(B)

Filing of Preliminary or Combined Preliminary and Final Application. Following the completion of the prefiling conferences, the applicant shall file a preliminary or combined preliminary and final application for a planned development in accordance with this Section. The preliminary and final plan may be filed simultaneously only if all requirements are met. The City Planner shall deliver copies of the application to other appropriate City departments for review and comment.

(C)

Deficiencies. The City Planner shall determine whether the application is complete. If the City Planner determines that the application is not complete, he/she shall notify the applicant in writing of any deficiencies and shall take no further steps to process the application until the deficiencies are remedied.

(D)

Report on Compliance. A copy of the complete application and a written report incorporating the comments of City staff and other agencies regarding the compliance of the proposed planned development with the requirements and standards of this Section shall be delivered to the Zoning and Planning Commission prior to the public hearing.

(E)

Determination Not Binding. Neither the City Planner's determination that an application is complete, nor any waiver of an application requirement, nor any comment made by the City Planner or City staff at a prefiling conference or as part of the review process shall be intended or construed as a formal or informal recommendation for the approval of a planned development permit for the proposed planned development, or component part thereof, nor shall be intended or construed as a binding decision of the City, the Zoning and Planning Commission or any staff member.

(2)

Review and Action by the Zoning and Planning Commission of Preliminary or combined Preliminary and Final Planned Development.

(A)

Upon receiving the report from the City Planner, the Zoning and Planning Commission shall hold at least one conditional use permit public hearing on the proposed planned development. Notice of the public hearing shall be provided and the public hearing shall be conducted in accordance with the provisions of this Section, State law and rules of procedure adopted by the Zoning and Planning Commission.

(B)

Notice of all public hearings conducted by the Zoning and Planning Commission wherein a preliminary or combined preliminary and final application for a planned development is to be considered shall be published by the City 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, and shall contain the following information:

i.

The case number of the application;

ii.

The date and time of the public hearing;

iii.

The location of the public hearing; and

iv.

The general location of the property, the legal description of the property and its street address, if applicable, and a short description of the proposed planned development and purpose of the public hearing.

(C)

The applicant is required to post one sign on the property for fifteen (15) consecutive days prior to the public hearing. Such sign shall be posted by 9:00 a.m. of the first day required. The sign must have a white background with black lettering in bold print, the lettering to be no less than one-inch in height. The applicant must provide to the City Planner an affidavit verifying compliance with this section.

The sign shall be a freestanding ground sign, not to exceed five feet in height. The sign face shall not be larger than eight square feet in area, with no dimension to be smaller than two feet in length. The sign shall be set back no less than twelve (12) feet from all right-of-way lines and shall be set no closer than ten (10) feet from any structure on the lot. The sign must contain the following information:

i.

The case number of the application;

ii.

The date and time of the public hearing;

iii.

The location of the public hearing; and

iv.

The general location of the property, the legal description of the property and its street address, if applicable, and a short description of the proposed planned development and purpose of the public hearing. The sign shall remain posted until final action by the City Council. The applicant shall remove all signs within ten (10) days of such final action. The City Planner may modify the provisions of this section when he/she finds those provisions inappropriate under the circumstances to provide the intended sign display and shall then require an alternative method of sign display that will provide adequate notice to the public.

(D)

Notices shall be sent by first class mail to all owners (as determined from current real estate tax records) of property located within five hundred (500) feet of any lot line of the property included in the requested planned development. Such notice shall contain the information as is required in subsection (f)(2)(B) above and shall be mailed not more than thirty (30) nor less than fifteen (15) days prior to the date of the public hearing.

(E)

The Zoning and Planning Commission shall review the application, the standards and requirements established by this Section, the report of the City Planner, and any oral and written comments received by the Zoning and Planning Commission before or at the public hearing. Within sixty (60) days following the close of the public hearing and at a regular meeting, the Zoning and Planning Commission shall make specific written findings addressing each of the standards set forth in this Section and transmit such findings, together with a recommendation of approval, approval with conditions, or disapproval to the City Council.

(3)

Review and Action by the City Council of Preliminary or combined Preliminary and Final Planned Development.

(A)

Within sixty (60) days of receipt of the recommendation of the Development, Planning, and Zoning Committee, and without further public hearing, the City Council shall either:

i.

Deny the application;

ii.

Refer the application back to the Zoning and Planning Commission for further review;

iii.

Postpone further consideration pending the submittal of additional information, including any application requirement previously waived; or

iv.

Adopt an ordinance approving the planned development permit.

If no action is taken within sixty (60) days, the application shall be considered denied.

(B)

In approving a planned development permit, the City Council may attach such conditions to the approval as it deems necessary to have the proposed use or combination of uses meet the standards set forth in this Section and to prevent or minimize adverse impacts on other property in the immediate vicinity. Such conditions may include, but are not limited to: limitations on size, bulk, and location; requirements for landscaping, signage, outdoor lighting, provisions for adequate ingress and egress; hours of operation; and such other conditions as the City Council may deem to be in furtherance of the objectives of this Section.

(C)

If a final or combined preliminary and final planned development application is approved; a copy shall be recorded with the County Recorder of Deeds by the developer. Proof of such recording shall be required prior to the issuance of building permits.

(D)

If a preliminary planned development is approved by the City Council it shall be null and void if the Applicant does not file for a final planned development within one hundred eighty (180) days of City Council approval of the preliminary planned development or receive an extension in compliance to (h)(8) below.

(4)

Review and action by the Zoning and Planning Commission and City Council of Final Planned Development with a previously approved Preliminary Planned Development.

(A)

Within one hundred eighty (180) days of receipt of preliminary plan approval the Applicant shall file for a final planned development permit.

(B)

Final Plan. The final planned development plan shall conform substantially to the preliminary plan as approved.

(C)

The final plan and supporting data shall be filed with the City Planner and forwarded to the Commission for certification that the final plan is in conformity with these regulations and in agreement with the approved preliminary plan.

(D)

All final plans shall be accompanied by a written construction schedule for the development.

(E)

After review of the final plan and supporting data, the Commission shall send their findings and recommendations to the City Council which shall approve or disapprove the plan within sixty (60) days after receipt of such findings and recommendations. Disapproval of the final plan shall include a clear statement of the reasons therefor.

(F)

Recording the Approved Plan. A copy of the approved final plan shall be recorded with the County Recorder of Deeds by the developer. Proof of such recording shall be required prior to the issuance of building permits.

(g)

Application Requirements.

(1)

Combined Preliminary and Final Plan. The preliminary and final plan may be filed and simultaneously approved if all requirements are met.

(A)

A preliminary or final plan for a planned development may only be filed by one who has an ownership or leasehold interest, or the agents thereof; or any contract purchaser or anyone holding an option to purchase the parcel of land on which the use or combination of uses is to be located.

(B)

A preliminary and/or final plan for a planned development shall be filed with the City Planner in such form and accompanied by such information, with sufficient copies, as shall be established from time to time by the City.

(2)

Preliminary Plan. A drawing of the planned development shall be prepared at a size appropriate for recording purposes; and shall show such designations as proposed streets (public and private), all buildings and their use, common open space, recreation facilities, parking areas, service areas, and other facilities to indicate the character of the proposed development. The submission may be composed of one or more sheets and drawings and shall include:

(A)

Boundary lines—Bearings and distances.

(B)

Easements—Location, width, and purpose (including fire lanes).

(C)

Utility study prepared by a qualified professional indicating the adequacy of the utility system serving the proposed planned development, including water distribution, sanitary sewers, and storm water drainage.

(D)

Flood plains, wetlands, and any naturally forested or wooded areas.

(E)

Surface and subsurface conditions of the tract—Location and results of tests made to ascertain subsurface soil, rock, and ground water conditions; depth to ground water unless test pits are dry at a depth of five feet.

(F)

Proposed public improvements—Highways or other major improvements planned by public authorities for future construction on or near the tract. (Information to be supplied by City staff.)

(G)

Zoning on, and within five hundred (500) feet adjacent to, the tract.

(H)

Uses of each building or structure, as well as the specific overall land-use of the premises.

(I)

Open space—All parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the purpose indicated.

(J)

General location, purpose, and height of each building, other than single-family residences on individual lots.

(K)

A written summary of resident's comments, pertaining to the proposed application, from any meetings held pursuant to subsection (f)(1)(A) v above.

(L)

Map data—Name of development, north point, scale, and date of preparation.

(M)

Narrative identifying conformity with zoning standards, any site development allowances being requested, and the rationale for why each requested site development allowance is necessary and desirable.

(N)

Statement of present and proposed ownership of all land within the project.

(O) Development schedule indicating:

i.

Stages in which project will be built with emphasis on area, density, use, and public facilities such as open space to be developed with each stage. Overall design of each stage shall be shown on the plan and through supporting graphic material.

ii.

Approximate dates for beginning and completion of each stage.

(P)

Provide information on the density of residential uses, including dwelling units per acre/size of units as applicable, the number of dwelling units by type, and the number of buildings by type.

(Q)

Provide information on the type and amount of ancillary and nonresidential uses in a residential development, including the amount and location of common open space.

(R)

Provide information on all service facilities and off-street parking facilities.

(S)

Preliminary architectural plans for all primary buildings shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the building, and building materials for all elevations, and the number, size, and type of dwelling units.

(T)

Preliminary Signage Plan.

(U)

Traffic impact analysis showing the proposed traffic circulation pattern within and in the vicinity of the area of the planned development, including the location and description of public improvements to be installed, any streets and access easements, and any impact on current conditions.

(V)

Preliminary Facilities Plans (Including Street Profile Plans). Preliminary plans for:

i.

Roads, including classification, width of pavement.

ii.

Sidewalks.

iii.

Sanitary sewers.

iv.

Storm drainage.

v.

Water supply system.

vi.

Underground lighting program. (if proposed)

vii.

A general landscape planting plan.

(W)

Special studies and analyses as necessary, including, but not limited to:

i.

Fiscal impact analysis.

ii.

Market feasibility analysis.

iii.

Topographical survey.

(3)

Final Plan. A final plan, suitable for recording with the County Recorder of Deeds shall be prepared. The purpose of the final planned development plan is to designate with particularity the land subdivided into conventional lots as well as the division of other lands, not so treated, into common open areas and building areas, and to designate and limit the specific internal uses of each building or structure, as well as of the land in general. The final plan of the planned development shall include, but not be limited to:

(A)

Proposed agreements, provisions, or covenants which will govern the use, maintenance, and continued protection of the planned development and any of its common open space. Such instruments of agreement shall include, where applicable, a surety bond favoring the City, in the amount of the estimated cost of such proposed site improvements as pools, fountains, landscaping, and other features.

(B)

An accurate legal description of the entire area under immediate development within the planned development.

(C)

An accurate legal description of each separate unsubdivided use area, including common open space.

(D)

If subdivided lands are included in the planned development, a subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat.

(E)

Designation of the exact location of all buildings to be constructed, and a designation of the specific uses to which each building shall be put.

(F)

Certificates, seals, and signatures required for the dedication of land and recording of the document.

(G)

Existing and proposed grading plans.

(H)

Final landscaping plan.

(I)

Final engineering plans and drawings.

(J)

Final utilities and drainage plan.

(K)

Final development and construction schedule.

(L)

Final architectural plans.

(M)

Final signage plan.

(N)

Tabulations on each separate unsubdivided use area, including land area, number of buildings, number of dwelling units per acre/size of units as applicable.

(O)

Common Open Space Documents.

(P)

All public facilities and improvements made necessary as a result of the planned development shall be either constructed in advance of the approval of the final plan, or, at the election of the city, escrow deposits, irrevocable letters of credit in a form approved by the city, or performance bonds shall be delivered to guarantee construction of the required improvements.

(4)

Fees. Every application must be accompanied by a fee in such amount as established from time to time by the City Council to defray the costs of providing notice and contracting with independent professionals to review applications as required. Such professional costs may include but are not limited to engineering, legal fees, traffic analyses, environmental impact studies, land use design or other similarly related professional studies. Additional materials may be required during the review of a proposed planned development if determined necessary by the Zoning and Planning Commission or the City Council.

(h)

Effect of Approval or Denial.

(1)

Approval of the conditional use permit for final planned development permit, including all required submittals 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 planned development. The City Planner shall review applications for these permits for compliance with the terms of the planned development permit granted by the City Council. No permit shall be issued for development which does not comply with the terms of the planned development permit.

(2)

The City Council shall direct the City Planner to revise the Official Zoning Map to reflect the existence and boundaries of each planned development.

(3)

Subject to subsection (8) below, an approval of a preliminary planned development permit by the City Council shall be null and void if the Applicant does not file for a final planned development within one hundred eighty (180) days of City Council approval of the preliminary planned development. A final planned development shall be null and void if the recipient does not file a complete application with all submittals for a building permit relative to the proposed planned development within nine (9) months after the date of adoption of the ordinance approving the planned development permit.

(4)

Subject to subsection (7) below, an approval of a final planned development permit by the City Council shall be null and void if construction has not commenced within fifteen (15) months after the date of adoption of the ordinance approving the planned development permit unless an extension is granted.

(5)

Subject to subsection (7) below, an approval of a final planned development permit with a phasing plan shall be null and void if construction has not commenced or is not completed in accordance with the terms of that phasing plan.

(6)

An approval of a planned development permit with a master development plan shall be null and void if construction has not commenced within fifteen (15) months or is not completed in accordance with the terms and conditions contained in the development master plan.

(7)

An extension of the time requirements stated in subsections (3), (4), (5) and (6) of this Section for a final planned development may be granted by the City Council for good cause shown by the applicant, provided a written request is filed with the City at least four weeks prior to the respective deadline.

(8)

An extension of six months for a preliminary planned development time requirements stated in subsection (3) of this section may be granted by the City Council for good cause shown by the Applicant, provided a written request is filed with the City at least four weeks prior to the respective deadline.

(9)

No application for a planned development which was previously denied by the City Council shall be considered by the Zoning and Planning Commission or the City Council if it is resubmitted in substantially the same form and/or content within one year of the date of such prior denial. In this regard:

(A)

City Planner shall review the application for a planned development and determine if the application is or is not substantially the same. An applicant has the right to request a hearing before the City Council to appeal the determination of the City Planner that the application is substantially the same, provided a petition for appeal is filed in writing with the City Planner within ten (10) days of the City Planner's determination.

(B)

The City Council shall affirm or reverse the determination of the City Planner, regarding whether the new application is in substantially the same form, within thirty (30) days of receipt of a petition for appeal.

(C)

If it is determined that the new application is not substantially in the same form, then the applicant shall be entitled to continue with the application process and have it reviewed in accordance with the provisions of the Zoning Code.

(i)

Amendments and Alteration to Approved Planned Development Permits.

(1)

Except as provided in subsection (2) below, any modifications to an approved planned development permit or any addition to or expansion of an existing planned development permit shall require separate review and approval under the provisions of section 22.31 of the Zoning Ordinance.

(2)

As determined by the City Planner, a minor change is any change in the site plan or design details of an approved planned development permit which is consistent with the standards and conditions applying to the planned development permit and which does not alter the concept or intent of the planned development. A minor change shall not increase the planned development's density or increase the height of buildings, decrease parking counts by more than five percent, alter alignment of roads, utilities or drainage. Changes to proposed building scale, building bulk and proportions, building placement and orientation, building materials, architectural style, rooflines and parapets and landscaping are not considered minor changes. Any change not considered a minor change will be considered a major modification and require a separate public hearing to amend the previously approved planned development pursuant to this section.

(3)

For appeals to the City Planner's determination of what is a minor or major change the applicant may appeal pursuant to Section 22.24.

(Ord. No. ZO-14-2019, § 3, 5-6-19)