The purpose of this chapter is to set forth the administrative procedures, rules and requirements deemed necessary to administer the provisions of this title. (Ord. 95-28, 51-1995)

The administrative bodies and officials of the city with vested authority to administer this title include the following:

City council
Plan and zoning commission
Commission on historic preservation
Community development department
Director of community development
City engineer
City building commissioner
City attorney

The duties and responsibilities of each of the bodies and officers in the administration of this title are as follows:

A.

City Council: The city council shall have the following duties and responsibilities:

1.

To approve or disapprove an application for amendments to the text or map of this title.

2.

To approve or disapprove an application for special use permits authorized under this title.

3.

To approve or disapprove an application for site plan approval under this title.

4.

To initiate applications for text or map amendments to this title.

5.

To direct the community development department, director of community development, or planning and zoning commission to conduct such studies, research or other actions as appropriate in the review, and administration of this title.

6.

To approve or disapprove an application for a variation from this title.

7.

To approve or disapprove an application for a variation from chapter 12 (Signs) of this title.

B.

Planning and Zoning Commission: The planning and zoning commission shall have the following duties and responsibilities:

1.

To initiate, hear and make recommendations to the city council on applications for amendments to the text or map of this title.

2.

To hear and make recommendations to the city council on applications for special use permits, including planned unit developments.

3.

To review and make recommendations to the city council on site plans.

4.

To regularly review and recommend, as appropriate, amendments to this title.

5.

To hear and make recommendations to the city council on applications for variations from chapter 12 (Signs) of this title.

6.

To hear and make recommendations to the city council on applications for variations from this title.

7.

To hear and decide any appeal or any decision, order or interpretation by the officer whose duty it is to enforce the zoning ordinance.

C.

Reserved.

D.

Commission On Historic Preservation: The commission on historic preservation shall have the duties and responsibilities as provided for in title 3, chapter 3 of this code.

E.

Community Development Department: The community development department shall have the following duties and responsibilities:

1.

To provide the public and applicants with information with regard to the requirements of this title.

2.

To review applications for amendments, special use permits, planned unit developments, site plan and variations for compliance with the requirements of this title.

3.

To determine compliance with this title in the review of applications for zoning certificates, building permits and certificates of occupancy.

4.

To prepare reports to the planning and zoning commission and/or city council on applications for amendments, special uses, variations, site plans and planned unit developments.

5.

To provide the planning and zoning commission and city council with assistance and with such information as may be required or requested.

6.

To perform such other duties as directed by the planning and zoning commission or city council.

F.

Director Of Community Development Department: The director of community development and/or his designee shall oversee and direct the functions of the department of community development in carrying out its duties under the provisions of this title.

G.

City Engineer: The city engineer shall have the following duties and responsibilities:

1.

To review for compliance with civil engineering aspects of all development plans and proposals within the city under this title and other applicable ordinances of the city.

2.

To determine as may be required, in collaboration with the director of community development, whether development proposals shall be accompanied by a traffic impact analysis.

3.

To advise and recommend to the planning and zoning commission and city council on civil engineering matters under this title, as required.

4.

To undertake special studies or investigations as may be recommended by the planning and zoning commission to the city council, and/or as directed by the city council.

5.

To enforce the provisions of this title, as appropriate.

H.

City Building Commissioner: The city building commissioner and/or his designee shall have the following duties and responsibilities:

1.

To serve as zoning administrator in the administration of this title and carry out the following:

a.

Receive applications as required and determine whether they are complete for processing under this title.

b.

Examine premises for which permit applications are pending or have been approved, and make necessary inspections to determine compliance with this title.

c.

Make investigations and render written reports when requested by the mayor or city council, or as the interest of the community requires.

d.

Issue notices or orders as may be necessary.

e.

Make available to the public, written rules and procedures consistent with this title.

f.

To approve or disapprove on an application for a zoning certificate for compliance with this title.

g.

Keep permanent and comprehensive records of applications, permits, certificates, inspections, reports, notices, orders and other actions taken under the authority of this title.

h.

Interpret the provisions of this title.

i.

Enforce the provisions of this title.

j.

To initiate the annual update and publication of the official zoning map in accordance with state law.

2.

To approve or disapprove on an application for a building permit for compliance with this title.

3.

To approve or disapprove on an application for an occupancy certificate for compliance with this title.

4.

To enforce the provisions of this title.

I.

City Attorney: The city attorney shall have the following duties and responsibilities:

1.

To advise the city council, director of community development, or planning and zoning commission as requested on any matters of law in the application or enforcement of this title.

2.

To review for compliance under this title, actions to be taken by the city council, as appropriate.

3.

To diligently pursue prosecution of violators and violations brought under this title. (Ord. 95-28, 5-1-1995; Ord. No. 2011-47, § 1, 10-17-2011; Ord. No. 2019-17, § 64, 8-5-2019)

A.

Authority: The city council has the authority to enact amendments to the text or map of this title in accordance with the provisions of this section.

B.

Type And Purpose: The purpose of an amendment is to reclassify land or to change the text of this title.

C.

Initiation:

1.

Text Amendments: Text amendments may be initiated by the city council, planning and zoning commission or any person owning property in the city.

2.

Map Amendments: A map amendment may be initiated by the city council, planning and zoning commission or the owner of the property for which an amendment is sought.

D.

Procedure For Initiation; Application And Notice: See section 11-14-6 of this chapter.

E.

Procedure For Decision; Planning and Zoning Commission And City Council Action:

1.

Public Hearing: The planning and zoning commission shall hold a public hearing on a proposed amendment. At the hearing, all interested parties shall have an opportunity to be heard.

2.

Planning and Zoning Commission Recommendation: Any time after the close of the public hearing, the planning and zoning commission may vote to recommend approval or denial by a simple majority of those commissioners present and voting. If the planning and zoning commission fails to vote within forty-five (45) days after the close of the public hearing, unless the time is mutually extended by the applicant and planning and zoning commission, the planning and zoning commission shall be deemed to have recommended denial.

3.

City Council Action: The city council shall approve or disapprove the requested amendment.

4.

Protest Provision: A written protest against any amendment may be filed with the city clerk in accordance with state law.

F.

Written Findings Of Fact: The planning and zoning commission shall submit findings of fact to the city council along with its recommendation. Where the purpose and effect of the proposed 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. (Ord. 95-28, 5-1-1995; Ord. No. 2019-17, § 65, 8-5-2019)

A.

Authority: The city council has the authority to grant special use permits in accordance with the provisions of this title.

B.

Purpose: The purpose for special use permits is to require the special uses specified in this title to satisfy specified standards set forth in this title to minimize or eliminate the potentially harmful characteristics or off-site impacts of such uses on uses that are permitted in the zoning district.

C.

Initiation: The owner of the property for which a special use permit is sought may initiate a request for a special use permit.

D.

Procedure For Initiation; Application And Notice: See section 11-14-6 of this chapter.

E.

Procedure For Decision; Planning and Zoning Commission And City Council Action:

1.

Public Hearing: The planning and zoning commission shall hold a public hearing on an application for a special use permit. At the hearing, all interested parties shall have an opportunity to be heard.

2.

Planning and Zoning Commission Recommendation: At any time after the close of the public hearing, the planning and zoning commission may vote to recommend approval or denial and the imposition of conditions on the special use by a simple majority of those commissioners present and voting. If the planning and zoning commission fails to vote within forty-five (45) days after the close of the public hearing, the planning and zoning commission shall be deemed to have recommended disapproval.

3.

City Council Action: The city council shall grant or deny the requested special use permit.

F.

Standards For Special Uses: The applicant must present evidence at the public hearing on the application for a special use permit which demonstrates compliance with each of the following standards:

1.

The proposed use at the specified location is consistent with the comprehensive plan.

2.

The proposed building or use will not diminish the value of adjacent and nearby properties.

3.

The proposed use at the specified location will not substantially or unduly increase traffic, traffic congestion and on-street parking demand in the immediate vicinity of the proposed use and in the area affected by traffic generated by the proposed use.

4.

The proposed use has been designed to provide for adequate ingress and egress to minimize potential vehicle conflicts and congestion in public streets.

5.

The proposed building or use will not adversely affect or change the character of the area in which it is located.

6.

The proposed use at the specified location will not adversely affect the use and development of adjacent and nearby properties in accordance with the regulations of the district in which they are located. The location, size and height of proposed buildings and other structures, and the operation of the use will not adversely affect the use and development or hinder the appropriate development of adjacent and nearby properties.

7.

Adequate utility, drainage, parking and other necessary facilities to service the proposed use will be provided and that such utility, drainage, parking and other necessary facilities will not adversely affect the use, development and value of adjacent and nearby properties.

8.

The proposed building, other structures and use comply with any and all regulations, conditions or requirements of the city applicable to such building, structure or use.

9.

That the exterior architectural appeal and function of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district to cause a substantial depreciation in property values in the neighborhood.

G.

Written Findings Of Fact: The planning and zoning commission, in its recommendations with regard to an application for a special use, shall set forth specific written findings of fact on each standard.

H.

Conditions On Special Uses: The planning and zoning commission may recommend and the city council may impose conditions in authorizing a special use to make such special use more compatible with the use, enjoyment and development of adjacent and nearby properties, to make the special use more compatible with the character of the area in which it is located and to eliminate any adverse effect on adjacent and nearby properties and the neighborhood. Any such conditions shall be set forth in the ordinance approving the special use.

I.

Lapse Of Authorization For Special Uses: Unless the city council provides otherwise by ordinance or unless the city council has extended the term of the special use permit by ordinance at the request of the applicant, authorization for a special use shall automatically lapse if: 1) the special use ceases to operate for a continuous six (6) month period; or 2) one year after the date of the passage of the ordinance approving the special use unless a building permit has been issued and construction has commenced. (Ord. 95-28, 5-1-1995; Ord. No. 2019-17, §§ 66, 67, 8-5-2019)

A.

Authority: The city council has the authority to grant or deny requested variations in accordance with the provisions of this title.

B.

Purpose: The purpose for variations is to relieve a particular hardship or practical difficulty that the regulations of this title impose upon a particular parcel of land which make compliance with the regulations generally applicable in a zoning district extraordinarily difficult or impossible.

C.

Types Of Variations Prohibited And Authorized: Use variations are prohibited. Subject to the applicable provisions of this section, variations from other regulations generally applicable in a zoning district are as follows:

1.

To permit any setback less than a setback required by the applicable regulations;

2.

To permit the use of a lot for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots, but in no event shall the respective area and width of the lot be less than eighty percent (80%) of the required area and width; (Ord. 95-28, 5-1-1995)

3.

To increase by not more than twenty percent (20%) the maximum gross floor area of any use so limited by the applicable regulations; (Ord. 2001-14, 2-20-2001)

4.

To reduce the applicable off-street parking or loading facilities required by not more than twenty percent (20%);

5.

To increase the maximum height requirement of any district;

6.

To increase the maximum allowable height of any fence;

7.

To vary the requirements of chapter 11, article C of this title, Traffic and Access Regulations; (Ord. 95-28, 5-1-1995)

8.

To increase the maximum lot coverage ratio; and (Ord. 95-79, 12-18-1995)

9.

To permit the use of a yard otherwise prohibited by this title. (Ord. 96-54, 9-16-1996)

D.

Initiation: The owner of the property for which a variation is sought may initiate a request for a variation.

E.

Procedure For Initiation; Application And Notice: See section 11-14-6 of this chapter.

F.

Procedure For Decision:

1.

Hearing: The planning and zoning commission shall hold a public hearing on the application for a variation. At the public hearing, all interested parties shall have an opportunity to be heard.

2.

Planning and Zoning Commission Recommendation: At any time after the close of the public hearing, the planning and zoning commission may vote to recommend approval or denial by a simple majority vote of those commissioners present and voting. If the planning and zoning commission fails to vote within forty-five (45) days after the close of the public hearing, the planning and zoning commission shall be deemed to have recommended denial.

3.

City Council Action. The city council shall grant or deny the requested variation.

G.

Standards For Variations: The applicant must present evidence at the public hearing on the application for a variation which demonstrates compliance with each of the following standards:

1.

Reasonable Return: The property in question cannot yield a reasonable return if to be permitted to be used only under the regulations of district in which it is located.

2.

Unique Hardship Or Practical Difficulty: The shape, topography or other conditions of the land is such that it is extremely difficult to comply with the regulations generally applicable to the property.

3.

Character Of The Area: The applicant must show that the variation requested will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use or development of property or improvements permitted in the vicinity; will not materially impair an adequate supply of light and air to properties and improvements in the vicinity; will not substantially increase congestion in the public streets due to traffic or parking or increase the danger of flood or fire; will not unduly tax public utilities and facilities in the area; or will not endanger the public health, safety or welfare. (Ord. 95-28, 5-1-1995)

4.

Minimum Variation: Any variation considered by the planning and zoning commission shall be considered the minimum variation necessary for the reasonable use of the land. (Ord. 95-79, 12-18-1995)

H.

Written Findings: The planning and zoning commission, in its recommendation with regard to an application for a variation, shall set forth specific written findings of fact on each standard.

I.

Conditions Of Variations: The planning and zoning commission may recommend and the city council may impose conditions in approving a variation to eliminate any adverse effects on adjacent and nearby properties or a neighborhood. Any such conditions shall be set forth in the ordinance approving the variation.

J.

Recording Of Variations Granted: Prior to the issuance of any building permit, certificate of occupancy or any related development or construction approval, the owner, or his agent, shall record in the office of the Kane County recorder of deeds a copy of the planning and zoning commission decision notice, as provided by the director of community development. Reasonable evidence of recordation shall be provided to the director of community development.

K.

Appeal To Court: A decision by the zoning board of appeals on an appeal is a final administrative decision which is subject to further review in the courts. (Ord. 95-28, 5-1-1995; Ord. No. 2019-17, §§ 68, 69, 8-5-2019)

A.

Authority: The city council has the authority to grant or deny requested variations in accordance with the provisions of this title.

B.

Purpose: The purpose for variations is to relieve a particular hardship or difficulty that the regulations of chapter 12 (Signs) of this title impose upon a particular parcel or structure on which a sign is proposed to be located. Such hardship or difficulty would make compliance with the regulations extraordinarily difficult or impossible and would not be generally applicable to other properties in the same zoning district.

C.

Types Of Variations Authorized: The following variations from the regulations set forth in chapter 12 (Signs) of this title may be authorized:

1.

To increase the maximum allowable area of any sign;

2.

To increase the maximum allowable height of any freestanding sign;

3.

To increase by not more than two (2) signs the maximum numbers of signs of any type otherwise allowed.

4.

To permit any wall sign, awning sign, or canopy sign to be displayed on a secondary building facade;

5.

To vary the requirements established in subsection 11-12-6 D. for electronic message board signs for regional, professional/semi-professional sports facilities, including event centers, arenas and sport stadiums.

6.

To allow a tenant without street frontage in a multiple-tenant/owner building to have one (1) wall sign, awning sign, or canopy sign, provided that the total sign area of all signs on the building facade does not exceed the sign area that would otherwise be permitted for those tenants having street frontage.

D.

Initiation: The owner of the property for which a variation is sought may initiate a request for a variation.

E.

Procedure For Initiation; Application And Notice: See section 11-14-6 of this chapter.

F.

Procedure For Decision:

1.

Hearing: The planning and zoning commission shall hold a public hearing on the application for a variation. At the public hearing, all interested parties shall have an opportunity to be heard.

2.

Planning and Zoning Commission Recommendation: At any time after the close of the public hearing, the planning and zoning commission may vote to recommend approval or denial of the variation request by a simple majority of those commissioners present and voting. If the planning and zoning commission fails to vote within forty-five (45) days after the close of the public hearing, the planning and zoning commission shall be deemed to have recommended disapproval.

G.

Standards For Variations: The applicant must present evidence at the public hearing on the application for a variation which demonstrates compliance with each of the following standards:

1.

General Standard: Carrying out the strict letter of the regulations set forth in chapter 12 (Signs) would create a particular hardship or a practical difficulty not caused by an act or omission of the applicant.

2.

Unusual Physical Limitations: The subject property or the structure on which the sign is proposed to be located is burdened with an unusual physical limitation, such as an irregular shape, unusual geographic location, exceptional topographical feature, or other extraordinary physical condition, that is particular to the subject property and that is more than merely an inconvenience or cost consideration to the applicant.

3.

Adverse Impacts: The variation, if granted, would have no adverse impact on any abutting or adjacent property and no adverse impact on the essential character of any part of or all the neighborhood of the subject property.

4.

Public Health And Safety: The variation, if granted, would have no adverse impact on, and would not endanger, the public health or safety.

5.

Minimum Variation: The variation requested is the minimum variation necessary for the reasonable use of the land.

H.

Written Findings: The planning and zoning commission, in its recommendation with regard to an application for a special use, shall set forth specific findings of fact on each standard.

I.

Conditions Of Variations: The planning and zoning commission may recommend and the city council may impose conditions in approving a variation to eliminate any adverse effects on adjacent and nearby properties or a neighborhood.

J.

Recording Of Variations Granted: Prior to the issuance of a building permit, certificate of occupancy or any related development or construction approval, the owner, or his agent, shall record in the office of the Kane County recorder of deeds a copy of the city council approval, as provided by the director of community development. Reasonable evidence of recordation shall be provided to the director of community development.

(Ord. No. 2011-47, § 1(Exh. C), 10-17-2011; Ord. No. 2019-17, §§ 70, 71, 8-5-2019; Ord. No. 2022-13, § 1, 3-21-2022; Ord. No. 2022-41, § 1, 10-3-2022)

A.

Application for Amendment, Special Use Permit or Variation:

1.

The city council may propose amendments by forwarding its written proposal, which shall set forth the proposed amendment, to the community development department for processing in accordance with the procedure set forth in this title.

2.

The planning and zoning commission may make written proposals for amendments, which shall set forth the purpose and reason for such proposed amendment, and which shall be processed in accordance with the procedure set forth in this title.

3.

The owner, contract purchaser or others having an economic interest, for which a map amendment, special use permit or variation is sought, shall file an application with the community development department, which application shall be accompanied by a nonrefundable fee established from time to time by the city council and which shall contain the following information.

4.

For all graphic and plan drawings, a scale of not less than one inch equals one hundred feet (1" = 100') shall be used. In no event shall individual sheets or drawings exceed thirty inches by forty-two inches (30" x 42"). All sets of drawings submitted shall be folded. The submission may be composed of one (1) or more sheets and shall include:

a.

Name, address and telephone number of the owner. If property ownership is in trust, the name and address of each person or entity owning an interest in the applicant or owner and the extent of such ownership interest unless any of such entities is a corporation or a partnership, in which case only those persons owning an interest in excess of ten percent (10%) in such corporation or partnership need be identified by name, address and extent of interest.

b.

Name, address and telephone number of the applicant including the name and address of each person or entity owning an interest in the applicant or owner and the extent of such ownership interest unless any of such entities is a corporation or a partnership, in which case only those persons owning an interest in excess of ten percent (10%) in such corporation or partnership need be identified by name, address and extent of interest. For purposes of this section, the term ownership interest shall include any legal or equitable interest held at the time of the application in the real property which is the subject of the application. The application shall include the signature of the owner(s).

c.

A plat of survey and legal description of each parcel of property subject to the petition.

d.

A vicinity map showing the subject property and all parcels of property located within a five hundred foot (500') radius of the subject property including public streets and rights-of-way.

e.

An affidavit in which the applicant: 1) lists the names and addresses of the record owners of each parcel of property located within five hundred feet (500') of the subject property, including public streets and rights-of-way; and 2) states under oath that the list is true and correct to the best of the applicant's knowledge and belief.

f.

Present zoning classification and use of each parcel of property for which a map amendment, special use permit or variation is requested.

g.

For map amendments:

(1)

The proposed zoning classification requested for each parcel of property which is the subject of the application and the proposed use of each and all such parcel(s).

(2)

A statement indicating whether the proposed map amendment is consistent with the comprehensive plan and, if not, a statement indicating why the proposed deviation from the comprehensive plan is appropriate.

h.

For text amendments, any text amendment shall require an application to be filed with the community development department, which application shall be accompanied by the proposed text.

i.

For special use permits, a description of the proposed use and a statement of how the application meets each of the criteria described in subsection 11-14-4F of this chapter.

j.

For variations, a statement with supporting facts of the hardship or practical difficulties which form the basis for the variation and which demonstrate compliance with each of the standards for variations listed in subsection 11-14-5H of this chapter.

k.

A site plan depicting proposed improvements, if required, by chapter 14, article A of this title.

l.

Other information, plans and studies which may be required by the community development department which may include, but are not limited to, the following:

(1)

A traffic study.

(2)

A market analysis of the need and demand for the proposed use and the impact of the proposed use on the value of adjoining and nearby properties.

(3)

A fiscal impact analysis.

(4)

A plan for the proposed development.

(5)

Drainage study.

B.

Notice Requirements: Within five (5) working days after a completed application has been filed for a map amendment, special use permit or variation and accepted as complete to form and substance, the community development department shall provide, by regular mail, written notice thereof to the owner and owners of property located within five hundred feet (500') of the property as listed on the affidavit filed as part of the application.

After an appropriate review period, the community development department shall schedule a date for a public hearing thereon before the planning and zoning commission, in the case of an amendment, special use permit, or variation, and shall cause notice thereof no less than fifteen (15) nor more than thirty (30) days prior thereto to be published in the newspaper of general circulation. For a map amendment, special use permit or variation application, notices of the public hearing shall be mailed by regular mail to the owner and owners of property located within five hundred feet (500') of the property as listed on the affidavit filed as a part of the application. If the applicant is the city council or planning and zoning commission, the department shall determine the names and addresses of the record owners of property within a five hundred foot (500') distance of the property to be rezoned.

(Ord. 95-28, 5-1-1995; Ord. 2017-19, 7-17-2017; Ord. No. 2017-27, § 2, 11-20-2017; Ord. No. 2019-17, §§ 72, 73, 8-5-2019)

A.

Authority: The planning and zoning commission is hereby authorized to hear and decide appeals from any order, requirement, decision or determination by any officer, department or office responsible for the administration of this title.

B.

Purpose: The purpose of an appeal is to provide any person aggrieved by an administrative order, requirement, decision or determination under this title to have such matter reviewed by the planning and zoning commission.

C.

Initiation: Any person aggrieved by an order, requirement, decision or determination by any officer, department or office responsible for the administration of this title may file a notice of appeal which shall include the name and address of the person, officer, department or office making the decision being appealed, the date of the decision, the decision being appealed and a statement with supporting facts indicating the manner in which the person filing the notice of appeal is aggrieved.

An appeal must be initiated within forty-five (45) days of the date of the administrative decision, by filing with the planning and zoning commission a notice of appeal, specifying the grounds thereof. Prior to preparing notice to the owner for hearing, the community development department shall verify the appeal was submitted within the forty-five (45) day period.

D.

Stay Of Proceedings: An appeal stays all further proceedings of the action so appealed, unless the officer from whom the appeal is taken certifies to the planning and zoning commission, after notice of appeal has been filed with him, that by reason of the facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In this event, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the planning and zoning commission or circuit court on application and notice to the officer from whom appeal is taken, and on due cause shown.

E.

Procedure For Decision; Planning and Zoning Commission Action:

1.

Planning and Zoning Commission; Information Gathering: Upon the filing of a notice of appeal, the person whose decision is being appealed shall forward any and all documents relating or pertaining to the subject matter of the appeal to the chair of the planning and zoning commission.

2.

Hearing And Decision: The planning and zoning commission shall hold a hearing on the appeal and shall make a decision on said appeal. In its decision, the planning and zoning commission may affirm, reverse or modify the decision being appealed and in so doing, shall have all the power and authority of the officer, department or office whose decision is being appealed. The decision shall be set forth the reasons for said decision.

3.

Written Notice Of Decision: Copy of the decision of the planning and zoning commission shall be mailed to the person who filed the notice of appeal, and, if different, also to the owner of the property.

F.

Recording Of Appeals Granted In Favor Of Owner: Prior to the issuance of any building permit, certificate of occupancy or any related development or construction approval, the owner, or his agent, shall record in the office of the Kane County recorder of deeds a copy of the planning and zoning commission decision notice, as provided by the director of community development. Reasonable evidence of recordation shall be provided to the director of community development. (Ord. 95-28, 5-1-1995; Ord. No. 2019-17, § 74, 8-5-2019)

A.

Zoning Certificates:

1.

Authority: The zoning administrator is authorized to grant or deny applications for zoning certificates in accordance with the provisions of this title.

2.

Purpose: The purpose of a zoning certificate is for the city to certify that the proposed use and the development of a parcel of property complies with all of the provisions of this title and any and all other applicable ordinances, approved plans, special use permits and variations which apply to the use and development of the property.

3.

Certificate Required: A zoning certificate is required along with, or prior to the issuance of a building permit prior to a change in the use of an existing building or any part thereof to a different use.

4.

Initiation: The owner of the property, or the owner's agent, for which a zoning certificate is sought may initiate a request for a zoning certificate.

5.

Procedure For Initiation; Application: Where the requested action(s) require the issuance of a building permit, the building permit application shall substitute for the following application requirements.

For all other applications, the owner of the property for which a zoning certificate is sought shall file an application with the zoning administrator, which application shall be accompanied by a nonrefundable fee established from time to time by the city council and which shall contain the following information:

a.

Name, address and telephone number of the owner. If property ownership is in trust, the name and address of each person or entity owning an interest in the property or owner and the extent of such ownership interest unless any of such entities is a corporation or a partnership, in which case only those persons owning an interest in excess of ten percent (10%) in such corporation or partnership need be identified by name, address and extent of interest.

b.

Name, address and telephone number of the applicant including the name and address of each person or entity owning an interest in the property and the extent of such ownership interest unless any of such entities is a corporation or a partnership, in which case only those persons owning an interest in excess of ten percent (10%) in such corporation or partnership need be identified by name, address and extent of interest. For purposes of this subsection, the term ownership interest shall include any legal or equitable interest held at the time of the application in the real property which is the subject of the application.

c.

A statement identifying the address of the property which is the subject of the application.

d.

A statement setting forth the existing use of the property or portion thereof for which a zoning certificate is sought.

e.

A statement setting forth in detail the proposed use of the property, the projected number of employees, the number of parking spaces available for the exclusive use of the proposed use and proof of such exclusive right and the number of parking spaces available for use of the proposed use on a shared basis and proof thereof.

f.

An approved site plan or an application for site plan approval, if required.

g.

A statement setting forth the zoning ordinances, special use permits, site plans and variations applicable to the proposed use and property.

h.

Any other information which may be requested by the zoning administrator.

6.

Notice Of Zoning Certificate Approval Or Denial: The zoning administrator shall grant the applicant a zoning certificate if the proposed use and development complies with the provisions of this title and any other applicable ordinances, plans, special use permits and variations applicable to the use and property. If the use and property do not so comply, the zoning administrator shall deny such application and notify the applicant in writing by regular mail of such denial setting forth the reasons for such denial. Alternatively, the approval or denial of a building permit may serve to determine compliance, provided the permit stipulates the reasons for denial related to zoning.

7.

Lapse Of Zoning Certificate: Where the zoning administrator has issued a zoning certificate, such certificate shall become null and void unless a building permit has been issued and construction commenced within one year of the date of the issuance of such certificate by the zoning administrator, and diligently prosecuted to completion, unless this time period is extended by city council.

B.

Certificates Of Occupancy:

1.

Certificates Of Occupancy: The authority, purpose and procedures applicable to certificates of occupancy are set forth in title 10 of this code, being the building code of the city. Except where a building permit is issued, no certificate of occupancy shall be granted unless and until a zoning certificate is issued.

2.

Building And Remodeling Permits: The authority, purpose and procedures applicable to building and remodeling permits are set forth in title 10 of this code. (Ord. 95-28, 5-1-1995)

A.

Authority: In addition to other remedies for violations of ordinances as may be contained in this code, the zoning administrator and city engineer are conferred the responsibility for enforcing this title.

B.

Zoning Administrator; Violation Notice Procedures:

1.

Upon the determination that a violation exists, the zoning administrator shall prepare a notice of violation making specific reference to the requirements of this title. The notice shall be delivered by certified mail and request abatement of the violation within a ten (10) day period. Copies of the notice shall be forwarded to the city attorney and chairman of the planning and zoning commission.

2.

Following the ten (10) day violation abatement period, and upon reinspection of the premise, should the violation not be corrected or abated within the timeline established above, the zoning administrator shall notify the city attorney of the status of the violation.

For permits or activity involving construction, the zoning administrator is authorized to issue a stop work order until the violation is corrected.

In all situations, the zoning administrator and/or city attorney may promptly initiate any other lawful proceedings to secure correction or abatement of the violation(s), including the initiation of proceedings in a competent court of law.

C.

Stop Work Orders; Emergency Conditions: The zoning administrator may issue a stop work order where in his judgment, a potentially dangerous or hazardous condition or situation exists which may result in injury to life or loss of property. (Ord. 95-28, 5-1-1995; Ord. No. 2019-17, § 75, 8-5-2019)

CHAPTER 14

ADMINISTRATION AND ENFORCEMENT

SECTION:

SECTION:

The city council has the authority, upon recommendation of the planning and zoning commission, to approve or disapprove site plans required to be submitted for approval under this article. (Ord. 95-28, 5-1-1995; Ord. No. 2019-17, § 76, 8-5-2019)

Plan review and approval is required to ensure that the use and development of land as authorized under this title is undertaken in an orderly and proper manner that furthers the public health, safety and welfare and makes adequate provision for assuring the availability of appropriate public and private services and amenities and for minimizing the adverse effects of such development.

The design, orientation and location of open spaces, buildings, structures and signs visible from public streets, places and ways has a material and substantial relationship to property values and the taxable values of property in the city and the cost of the municipal services provided thereto. Further, many neighborhoods in other urban and suburban communities have deteriorated in the past by reason of the lack of planning, neglect of proper maintenance standards and the erection of buildings and structures unsuitable to and incompatible with the character of the neighborhood or area, resulting in a reduction in property values.

Therefore, it is the policy of the city that these regulations be adopted to avoid and prevent deterioration of the function, character and appearance of the city and provide a favorable environment for residents and businesses, and to preserve and enhance the property values and the general public welfare. (Ord. 95-28, 5-1-1995)

Site plan approval shall be required for multiple-family and nonresidential development under the following intended situations:

A.

Any new principal structure intended and designed for nonresidential or multi-family occupancy (or complete redevelopment of any site for nonresidential or multi-family uses) or the use of land for nonresidential purposes.

B.

Where an existing principal structure erected prior to the date of adoption of this title is proposed to be expanded, for which the sum total of gross floor area expansion(s) since the date of this title are equal to or greater than twenty-five percent (25%) of the total gross floor area of said structure.

C.

Any new or modified building and/or site improvements for a zoning lot which has previously received site plan approval under this title, reapproval of the plan is required for components of the plan which depart from the approved site plan. The extent of changes to be incorporated in the submittal for reapproval shall be determined by the director of community development.

D.

A site plan shall not be required exclusively as a change of use except where such change of use results in increased off-street parking requirements which cannot currently be met on the site.

E.

A site plan shall be required along with any application for a variation, special use permit, or a special use permit amendment for any nonresidential or multi-family development.

F.

These requirements exclude the legal reconstruction of legally nonconforming buildings, when such buildings and related improvements are substantially restored to their prior condition.

Site plan review is not required as part of planned unit development approval in chapter 9 of this title, but may apply to development of individual sites following approval of a special use planned unit development, as controlled by the ordinance granting planned unit development approval. (Ord. 95-28, 5-1-1995; Ord. No. 2019-17, § 77, 8-5-2019)

Plan approval shall be initiated by the owner of the property, or the owner's agent, for which plan approval is sought. (Ord. 95-28, 5-1-1995)

A.

The owner of the property for which a variation or a special use permit is sought (requiring site plan approval under section 11-14A-3 of this article) shall file an application for site plan approval along with such application for a variation or special use permit.

B.

The owner of the property for which a building permit is sought (requiring site plan approval under section 11-14A-3 of this article) and which development has not been approved under the requirements of this section, shall file an application for site plan approval along with an application for such zoning certificate or building permit.

C.

The owner of the property, or a duly authorized representative of the owner, shall file an application for site plan approval with the community development department. It shall be accompanied by a nonrefundable fee established from time to time by the city council and shall contain the following information:

1.

Name, address and telephone number of the applicant, including the name and address of each person or entity owning an interest in the applicant or owner and the extent of such ownership interest, unless any of such entities is a corporation or a partnership, in which case only those persons owning an interest in excess of ten percent (10%) in such corporation or partnership need be identified by name, address and extent of interest. For purposes of this section, the term ownership interest shall include any legal or equitable interest held at the time of the application in the real property which is the subject of the application. The application shall include the signature of the owner(s).

2.

A site plan of the size and containing the information required by section 11-14A-6 of this article. (Ord. 95-28, 5-1-1995; Ord. No. 2019-17, § 78, 8-5-2019)

The application shall include the following information and material for sites and development projects which have not received site plan approval under this title or prior to the adoption of this title. For those sites and development projects which have received site plan approval prior or subsequent to the adoption of this title (excluding PUDs) which require reapproval as a result of a change in planned conditions, the director of community development is authorized to waive requirements in this section which are not affected by or do not apply to the proposed change:

A.

Site Plan Application:

1.

A completed application form provided by the community development department.

2.

For all graphic and plan drawings, a scale of not less than one inch equals one hundred feet (1" = 100') shall be used. In no event shall individual sheets or drawings exceed thirty inches by forty-two inches (30" x 42"). All sets of drawings submitted shall be folded.

3.

The names and addresses of the persons responsible for preparing the plan.

4.

The present zoning of the site and abutting property.

5.

Any other information that may reasonably be required by the city council, planning and zoning commission or community development department as the case may be which may include, but are not limited to, the following:

a.

A traffic study.

b.

In the case of a map amendment or special use, an analysis of the need and demand for the proposed use and the impact of the proposed use on the value of adjoining and nearby properties.

c.

A fiscal impact analysis.

B.

Existing Conditions Map: An existing conditions map shall show the location, dimensions, size and height of the following, as applicable:

1.

Sidewalks, streets, alleys, easements and utilities, including street lighting and underground conduits for street lighting.

2.

Buildings and structures.

3.

Septic fields, wells and public sewer and water systems.

4.

Slopes, particularly slopes specifically in excess of fifteen percent (15%), and terraces and retaining walls.

5.

Driveways, entrances, exits, parking areas and sidewalks.

6.

Water mains and fire hydrants.

7.

Recreation areas and swimming pools.

8.

Natural and artificial watercourses and bodies of water and wetlands.

9.

Limits of floodplains.

10.

Significant geological features, if any.

11.

Areas that can reasonably be expected to or which do contain soils or materials contaminated with but not limited to heavy metals, petroleum products, PCBs, pesticides, fly ash or other toxic or hazardous materials.

12.

Underground storage tanks, if any.

13.

The topography of existing ground and paved areas, and elevations of streets, alleys, utilities, sanitary and storm sewers, buildings and structures. Topography is to be shown by dashed lines illustrating one foot (1') standard contour intervals and by spot elevations where necessary to indicate flat areas.

14.

General alignment and lengths of all streets and all property lines.

15.

All building restriction lines, highway setback lines, easements, covenants, reservations and rights-of-way.

16.

Date, scale and north point.

17.

Existing development on the site including principal and accessory buildings, off-street parking and loading areas, and other improvements, as applicable.

C.

Separate Site Plan: A separate site plan shall be prepared to show the general location, dimensions, size and height of the following regarding the proposed development:

1.

For a site plan which includes any existing structures or other improvements, an indication of those improvements that are to remain and those which will be removed.

2.

Sidewalks, streets, alleys, easements and utilities, including street lighting and underground conduits for street lighting.

3.

Buildings and structures with entrances and exits identified.

4.

Utility plan for water and for sewage disposal.

5.

Slopes, terraces and retaining walls.

6.

Driveways, entrances, exits, parking areas and sidewalks.

7.

Water mains and fire hydrants.

8.

Methods to control erosion on slopes of fifteen percent (15%) or more.

9.

Recreation areas.

10.

Natural and artificial watercourses and bodies of water and wetlands.

11.

Distances between buildings.

12.

Calculations of the following, as applicable:

a.

Number of dwelling units or square footage of nonresidential uses;

b.

Number of parking spaces;

c.

Number of loading spaces;

d.

Total land area;

e.

Total landscaped area;

f.

Total open space;

g.

Total impervious surface.

13.

Tentative plans for collecting and depositing stormwater and the method of treatment of natural and artificial watercourses, including a delineation of proposed limits of floodplains, if any.

14.

A general indication of proposed grading, surface drainage, terraces, retaining wall heights, grades on paved areas and ground floor elevations of proposed buildings and structures, shown by two foot (2') contours and approximate elevations.

15.

A landscape plan showing the location, names and area coverage of trees, shrubs and ground cover to be planted and the areas to be retained in natural vegetation, in accordance with chapter 10 of this title.

16.

Fire hydrants, street lighting, underground conduits for street lighting and street trees on public rights-of-way immediately adjacent to site.

17.

Any locations intended for the outdoor display or storage of goods and merchandise.

18.

Plans to remediate, remove, or control on site any contaminated soils, materials, underground storage tanks, combustible gases, or old landfills, dumps or disposal areas.

19.

Plans for minimizing the impact on existing wetlands.

20.

A light plan indicating all exterior building mounted and freestanding lights and structures including overall height, type of lamp, luminaries, and a statement that such lighting plan will meet the requirements this title.

21.

Exterior building elevations of all proposed structures and exterior elevations of existing buildings when existing building are proposed to be structurally altered. Elevations shall indicate the materials to be used in the design of the structure and the proposed color scheme.

22.

Elevations of proposed freestanding signs as well as the intended sign message/display and the materials and colors intended for the sign. "Typical" elevations shall be provided for wall mounted signs including color renderings of all sign faces; views of supporting members, poles, bases and pedestals; side views which indicate both signage depth and projections; method of illumination, colors samples, materials indications, and dimensions of all sign elements.

23.

A location map locating the site in relation to the nearest intersection of two (2) or more streets at a scale that can be easily traced.

D.

Combined Existing Conditions Map And Site Plan: The requirements for each the existing conditions map and site plan under subsections B and C of this section may be combined in a single map upon approval by the director of community development. (Ord. 95-28, 5-1-1995; Ord. No. 2017-27, § 3, 11-20-2017; Ord. No. 2019-17, §§ 79, 80, 8-5-2019)

All documents and information submitted as part of an application for site plan approval constitute a statement by the applicant that he intends and agrees to be bound to develop in accord with such information upon approval. (Ord. 95-28, 5-1-1995)

Site plans do not require any form of public notice, however a site plan application concurrently filed with an application for a variation or an application for a special use permit shall state that site plan approval is sought as part of the public notice in addition to the requested variation and/or special use permit.

One copy of the completed application shall be forwarded to the secretary of the commission on historic preservation, if the site is an historic site or within an historic district indicating the public hearing or decision date schedule. (Ord. 95-28, 5-1-1995; Ord. No. 2019-17, § 81, 8-5-2019)

Plans which are filed with an application for a variation or with an application for a special use permit shall be processed as a part of the variation or special use. All other site plans shall be approved under the following procedures:

A.

Planning and Zoning Commission Recommendation: Within sixty (60) days of the date the site plan first appears on the agenda of the planning and zoning commission for action, the planning and zoning commission may vote to recommend approval or denial of the site plan by a majority of those commissioners present and voting. If the planning and zoning commission fails to vote within ninety (90) days after the item has first appeared on the planning and zoning commission agenda, the planning and zoning commission shall be deemed to have recommended denial, unless such date is extended as mutually agreed upon by the applicant and the planning and zoning commission. If the site is a historic site or within a historic district, the planning and zoning commission shall not make a recommendation without first receiving documentation and/or comments from the commission on historic preservation, as set forth under title 10, chapter 6 of this code.

B.

City Council Action: The city council shall approve or deny the site plan. Approval shall be made by adoption of an ordinance authorizing such site plan and any conditions thereon. (Ord. 95-28, 5-1-1995; Ord. No. 2019-17, § 82, 8-5-2019)

In reviewing and determining whether to approve or disapprove a plan, the planning and zoning commission and city council shall consider those factors listed below which it determines to be applicable to a given plan:

A.

The application shall comply with the provisions of this title and other ordinances of the city and of any other applicable laws.

B.

The plan shall be in reasonable conformity with the comprehensive plan.

C.

Reasonable provision shall be made to ensure that development will be served by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers or septic and schools.

D.

Any building or structure shall be reasonably accessible to fire, police, emergency and service vehicles. When deemed necessary for access, emergency vehicle easements shall be provided. The access for fire, police and emergency vehicles shall be unobstructed at all times.

E.

Adequate provision shall be made to ensure the compatibility of the proposed development, including mass, scale, site layout and site design with the character of the surrounding property and the neighborhood, including:

1.

Relationship Of Buildings To Sites:

a.

The site shall be planned to achieve a desirable transition to the street, provide for adequate planting, safe pedestrian movement and off-street parking areas.

b.

Parking areas should include innovative ways to significantly screen the parking areas from views from public ways.

c.

Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing (or anticipated) adjoining buildings.

2.

Building Design:

a.

Structures shall be in scale and harmonious with adjoining buildings.

b.

Materials shall be selected for their harmony of the building and adjoining buildings. Materials shall also be selected for suitability to the type buildings and the design in which they are used.

c.

Materials shall be of durable quality.

d.

Exterior lighting shall be part of the architectural concept and fixtures, standards and exposed accessories shall be harmonious with the building design.

3.

Signs:

a.

Every sign shall be designed as an integral architectural element of the building and site to which it principally relates.

b.

The colors, material and illumination of every sign shall be compatible and harmonious with the building and site to which it principally relates.

c.

Each sign shall be compatible with signs on adjoining premises and shall not compete for attention.

F.

Open space provided is configured to make that open space usable, functional and appropriate to the development proposed.

G.

Streets and sidewalks shall, insofar as reasonably practicable, provide access and good traffic circulation to and from adjacent lands, existing streets and sidewalks.

H.

Provision shall be made to ensure that adequate access roads or entrance or exit drives will be provided and will be designed and improved so as to prevent traffic hazards or problems and to minimize traffic congestion in public streets.

I.

Adequate provision shall be made to ensure that the vehicular circulation elements of the proposed development will not create hazards to the safety of vehicular or pedestrian traffic on or off the site, disjointed vehicular or pedestrian circulation paths on or off the site, or undue interference and inconvenience to vehicular and pedestrian travel.

J.

Adequate water mains and fire hydrants shall be provided in accessible places in accordance with good firefighting and fire prevention practice.

K.

Adequate provision shall be made for the collection and disposition of all on- and off-site stormwater and natural water, including, but not limited to, on-site drainage retention facilities.

L.

Adequate provision shall be made for the collection and disposition of sanitary sewage.

M.

Adequate provision shall be made to avoid an increase in hazard to adjacent property from flood, increased runoff or water damage.

N.

The obstruction of natural watercourses shall be prohibited.

O.

Adequate provision shall be made to control the slippage, shifting, erosion, accretion and subsidence of soil.

P.

Adequate provision shall be made to control the slipping and shifting of buildings and structures.

Q.

Adequate provision shall be made to clean, control and otherwise alleviate contamination or environmental hazards on land when the site is in an area found by the director of community development to be contaminated by a toxic substance or otherwise to contain environmental hazards which are detrimental to the public health, safety and welfare.

R.

Adequate provision shall be made to avoid glare of vehicular and stationary lights that would affect the established character of the neighborhood, and to the extent such lights will be visible across from any property line, the performance standards for illumination shall be met.

S.

Adequate provision shall be made to ensure that the location, lighting and type of signs and the relationship of signs to traffic control is appropriate for the site and will not have an adverse affect on any adjacent properties.

T.

Adequate provision shall be made to minimize the impact on existing or developing wetlands.

U.

The requirements of chapter 10 of this title have been met. (Ord. 95-28, 5-1-1995; Ord. No. 2019-17, § 83, 8-5-2019)

The city council, in consideration of any site plan may impose certain conditions in granting plan approval to minimize any negative impacts or minimize any adverse impacts due to the development. (Ord. 95-28, 5-1-1995)

Changes to site plans, except those which are determined minor or technical in nature by the director of community development, shall require reconsideration and reapproval as provided in this article. (Ord. 95-28, 5-1-1995; Ord. No. 2019-17, § 84, 8-5-2019)

Unless the city council provides otherwise by ordinance or unless the city council has extended the term of site plan approval, plan approval shall automatically lapse one year after the date of approval of the plan, unless a building permit has been issued and construction commenced. (Ord. 95-28, 5-1-1995)

In accordance with applicable state and local law, the city may retain professional assistance from outside the city staff in the review of information submitted pursuant to this article, or as otherwise required by the director of community development to carry out the purpose of the same. All reasonable costs incurred as a result of such professional assistance shall be borne by the applicant. (Ord. 95-28, 5-1-1995)

CHAPTER 14

ADMINISTRATION AND ENFORCEMENT

The commission on historic preservation has the authority to comment and recommend to the planning and zoning commission whether applications for a zoning amendment, site plan approval, special use permit or variation within the historic district, or for any historic landmark (as defined by section 10-6-2 of this code), are consistent with the requirements of said title 10, chapter 6 of this code. (Ord. 95-28, 5-1-1995; Ord. No. 2019-17, § 85, 8-5-2019)

As provided in title 3, chapter 3 of this code, the commission on historic preservation has the duties and responsibilities for the review of zoning actions potentially affecting the physical status of sites or areas designated for protection under title 10, chapter 6 of this code. This section provides a procedure to ensure the planning and zoning commission and city council receive any documentation and comments for the commission on historic preservation. (Ord. 95-28, 5-1-1995; Ord. No. 2019-17, § 85, 8-5-2019)

A.

Commission On Historic Preservation; Notice And Request For Comments: Upon any application for any zoning amendment, site plan review, variation, special use permit or planned unit development for a historic landmark or for property within a historic preservation district, shall cause the director of community development to notify the commission on historic preservation of the pending application, the scheduled meeting or hearing date and that comments on the zoning action are required by a specified date prior to the scheduled hearing or meeting. The notice and a complete copy of the application shall be transmitted to the secretary of the commission.

B.

Planning and Zoning Commission Action: The planning and zoning commission, in considering the evidence before it in taking any action under this title, shall consider any recommendations made by the commission on historic preservation. Where comments from the commission on historic preservation are not received by the director of community development prior to the date of meeting or public hearing, the planning and zoning commission shall deem there to be no comment. The planning and zoning commission or city council are not bound by the recommendations of the commission on historic preservation and shall consider them as advisory. (Ord. 95-28, 5-1-1995; Ord. No. 2019-17, § 85, 8-5-2019)