The administration of this chapter is hereby vested in the following:

   (A)   Administrative Officer;

   (B)   Zoning Board of Appeals; and

   (C)   Plan Commission.

(Prior Code, § 46-19) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 2009-17, passed 4-20-2009)

   (A)   This chapter shall be administered and enforced by an Administrative Officer who shall be the Director of Community Development or such other officer as may be designated from time to time by the City Manager.

   (B)   The Administrative Officer, in furtherance of such authority, shall:

      (1)   Issue all certificates of zoning compliance to authorize any change of use, expansion of a use or issuance of building permits and make and maintain records thereof;

      (2)   Issue all certificates of occupancy, and make and maintain records;

      (3)   Conduct inspections of buildings, structures and use of land to determine compliance with the terms of this chapter;

      (4)   Maintain permanent and current records of this chapter including, but not limited to, all maps, amendments, special uses, variances, appeals and applications;

      (5)   Forward to the appropriate board or commission all applications, including, but not limited to, those for special use permits, variances, appeals and for amendments to this chapter that are initially filed with the office of the Administrative Officer; and

      (6)   Initiate, direct and review, from time to time, the provisions of this chapter, and make recommendations to the City Council regarding amendments if determined to be necessary.

(Prior Code, § 46-20) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 94-49, passed 11-7-1994; Ord. 03-38, passed 6-19-2003; Ord. 2009-17, passed 4-20-2009)

   (A)   Creation, composition, term. There is hereby created the City Zoning Board of Appeals herein referenced as “the Board.”

      (1)   The Mayor, with the advice and consent of the City Council, shall appoint seven Board members with one of the members appointed as Chairperson. Every member may serve a maximum of three two-year terms.

      (2)   Board members may continue to serve beyond the expiration of the term if necessary until a replacement is appointed by the Mayor.

      (3)   Four members of the Board shall constitute a quorum.

      (4)   Members serve at the discretion of the Mayor.

      (5)   The Board shall include persons of diverse backgrounds, to the extent possible, with each Board member demonstrating various skills, knowledge and expertise that facilitate the review of matters that come before the Board.

      (6)   One member of the Zoning Board of Appeals may serve concurrently on the Plan Commission with the terms for each body being distinct and separate.

      (7)   In the event of a vacancy, the Mayor, with the consent of the City Council, shall appoint a new Board member to fill the remainder of the term in question. Following completion of the term filled, said member may be appointed to a full term consistent with the provisions of this section.

   (B)   Purpose. The Zoning Board of Appeals serves as a recommending body to the City Council on requests for variances from this chapter of the city code as amended and on matters relating to special use permits authorizing expansion of or changes to some existing special uses. With respect to appeals of administrative decisions, the Zoning Board of Appeals renders the final decision at the local level. The Zoning Board of Appeals provides a public forum for input and deliberation on all of the above matters.

   (C)   Powers and duties. The Zoning Board of Appeals shall discharge the following duties under this chapter:

      (1)   Review and render a final decision on all appeals from any order, requirement, decision or determination made by the Administrative Officer, or the Officer’s designee, under this chapter. In rendering a final decision on administrative appeals, the Board may affirm, affirm with conditions, modify or reverse the decision of the Administrative Officer or the Officer’s designee;

      (2)   Review and make a recommendation to the City Council on all applications for variances from the requirements of this chapter;

      (3)   Review and make a recommendation to the City Council on all applications for amendments to existing special use permits except those required by § 159.048 and §§ 159.109 through 159.114, relating to the various business districts which are the purview of the Plan Commission;

      (4)   Hold public hearings and make recommendations on other matters as appropriate consistent with this chapter;

      (5)   Conduct special studies as directed from time to time by the City Council; and

      (6)   All recommendations provided to the City Council with respect to all of the duties listed above shall include written documentation of the Board’s findings in support of the recommended action in the manner prescribed herein.

   (D)   Meetings and rules of the Board. The Board shall conduct all proceedings in accordance with the following.

      (1)   All meetings of the Board shall be held in accordance with the meeting schedule adopted by the Board on an annual basis subject to modification by the Chairperson.

      (2)   Decisions and recommendations of the Board shall be reached only after a public hearing for which notice has been provided in accordance with the requirements of this chapter.

      (3)   All hearings shall be open to the public.

      (4)   At all hearings, any interested party may appear in person, or by agent or attorney, and offer evidence and testimony and cross-examine witnesses in accordance with the meeting procedures established by the Board.

      (5)   The Chairperson, or in his or her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses.

      (6)   All witnesses shall be sworn or shall affirm their testimony in the manner required in courts of record.

      (7)   All evidence and testimony shall be presented publicly. The Board may take judicial notice of facts to the same extent and in the same manner as courts of record and may consider any relevant facts within the personal knowledge of any member of the Board which are stated into the record by such member.

      (8)   The Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact, and shall also keep records of its examinations and other official actions. No hearing shall be conducted without a quorum of the Board being present, which shall consist of a majority of all the members then in office.

   (E)   Administrative appeals. 

      (1)   Scope of appeals. An appeal may be filed by any person aggrieved by a decision of the Administrative Officer or the Officer’s designee. Such appeal shall be submitted on a form provided by the city within 45 days of the action complained of, by filing with the Administrative Officer and with the Board, a notice of appeal specifying the grounds thereof.

      (3)   Transmission of record. Prior to the hearing, the Administrative Officer shall transmit to the Board the complete record upon which the action appealed was taken at least five working days prior to the hearing.

      (4)   Findings on appeals. An appeal shall stay all proceedings in furtherance of the action appealed unless the Administrative Officer demonstrates to the satisfaction of the Board, that a stay would 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 Board or by a Circuit Court on application and on notice to the Administrative Officer from whom the appeal is taken, and on due cause shown.

      (5)   Disposition of appeals.

         (a)   The Board may reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination as it deems necessary and to that end has all powers of the Administrative Officer.

         (b)   The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Administrative Officer.

      (6)   Report to City Council. The Board shall transmit to the City Council a written report stating the Board’s decision on each appeal from an order, requirement, decision or determination of the Administrative Officer for information purposes.

      (7)   Administrative review. All final administrative decisions of the Board shall be subject to judicial review pursuant to the provisions of the Administrative Review Act, being 735 ILCS 5/Art. III, approved May 8, 1945, and all amendments and modifications thereof, and the rules adopted pursuant thereto.

   (F)   Variances.

      (1)   Application for variance.

         (a)   An application for a variance shall be filed on a form provided by the city. Such applications shall be filed by or on behalf of the legal or beneficial owner of the property for which a variance is sought.

         (b)   A complete application shall include all of the following unless an item is specifically waived by the Administrative Officer.

            1.   A completed variance application form;

            2.   Disclosure of beneficial interests.

               a.   If the applicant is a corporation, the application must be accompanied by a resolution of the corporation authorizing the execution and submittal of the application. In addition, the application shall indicate on its face the names of all directors and corporate officers of the corporation and also the names of all shareholders who own individually or beneficially 5% or more of the outstanding stock of the corporation.

               b.   If the applicant is a general partnership, the application shall contain a list of all general partners who have a 5% or greater individual or beneficial interest in the partnership.

               c.   If the applicant is a limited partnership, the application shall contain a list of all the names of general partners and the names of all limited partners having a 5% or greater individual or beneficial interest in the partnership.

            3.   Title report, warranty deed or similar instrument;

            4.   Legal description of property and plat of survey;

            5.   Statement of intent addressing variance criteria;

            6.   Site plan, elevations, floor plans, roof plans illustrating requested variance;

            7.   Tree removal, landscape and grading plans; and

            8.   Any other materials determined to be necessary by the Administrative Officer.

      (2)   Notice of hearing. The Administrative Officer shall have published in a newspaper of general circulation in the city a notice of the time and place of a hearing on a variance and also shall mail notice thereof to the residents and owners of record of all parcels of land, within the city limits, to a depth of three ownerships, but not to exceed 1,320 feet from the perimeter of the property being considered. The publication and mailing shall be made not more than 30 days or less than 15 days before the date of the hearing.

      (3)   Transmission of report and recommendation. Prior to the hearing, the Administrative Officer shall transmit to the Board a report, recommendation and background material upon which said report and recommendation are based. The complete application shall be on file and available for Board member and public review in the office of the Community Development Department.

      (4)   Standards for variance.

         (a)   The Board, after a hearing, may recommend a variance from the regulations of this chapter in cases where there are practical difficulties or particular hardships in the way of carrying out the strict letter of any of these regulations, but only when such variance is in harmony with the general purpose and intent of this chapter.

         (b)   In reviewing a case, the Board shall require evidence to the effect that:

            1.   The variance, if granted, will not alter the essential character of the subject property, the surrounding area or the larger neighborhood in which the property is located;

            2.   The conditions upon which a petition for a variance are based are unique to the property for which the variance is sought, and are not applicable, generally, to other property with the same zoning classification;

            3.   The alleged difficulty or hardship in conforming with the requirements of this chapter is caused by this chapter and has not been created by the actions of any persons presently or formerly having an interest in the property; and

            4.   The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.

   (G)   Disposition of variances.

      (1)   Recommendation by Board of Appeals. The Board shall transmit its recommendation and written findings of fact to the City Council within 30 days after the close of the hearing on a proposed variance. In its recommendation, the Board may recommend that such conditions and restrictions be placed upon the premises benefitted by a variance as may be necessary to comply with the objectives of this chapter. The concurring vote of four members of the Board shall be necessary to recommend the authorization of any variance from this chapter.

(Prior Code, § 46-21) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 94-49, passed 11-7-1994; Ord. 2009-17, passed 4-20-2009; Ord. 2013-21, passed 5-6-2013; Ord. 2017-06, passed 2-6-2017)

   (A)   Creation, composition, term. There is hereby created the City Plan Commission herein referenced as “the Commission.”

      (1)   The Mayor, with the advice and consent of the City Council, shall appoint seven Commissioners with one of the members appointed as Chairperson. In order to maintain continuity among Commissioners, each member may serve a maximum of three consecutive two-year terms with said terms of the various Commissioners being set to expire on a staggered basis relative to each other.

      (2)   Commissioners may continue to serve beyond the expiration of the term until a replacement is appointed by the Mayor.

      (3)   Four members of the Commission shall constitute a quorum.

      (4)   Members serve at the discretion of the Mayor.

      (5)   The Commission shall include persons of diverse backgrounds with each Commissioner demonstrating various skills, knowledge and expertise that facilitate the review of matters that come before the Commission.

      (6)   One member of the Plan Commission may serve concurrently on the Zoning Board of Appeals with the terms for each body being distinct and separate.

      (7)   One member of the Plan Commission may serve concurrently on the Historic Preservation Commission with the terms for each body being distinct and separate.

      (8)   In the event of a vacancy, the Mayor, with the consent of the City Council, shall appoint a new Commissioner to fill the remainder of the term in question.

   (B)   Purpose. The Plan Commission serves as a recommending body to the City Council on matters pertaining to land use and development including, but not limited to, zone changes, code amendments, subdivisions, special use permits, the Comprehensive Plan and special studies. The Plan Commission provides a forum for public input and deliberation with a focus on long term planning in a manner that safeguards the character, traditions, quality of life and property values of the city.

   (C)   Powers and duties. The Plan Commission shall discharge the following duties under this chapter:

      (1)   Review all applications for subdivisions, planned preservation subdivisions and planned developments and for any other matters prescribed by the terms of this chapter;

      (2)   Review all applications for special use permits for new developments as required by § 159.048 and §§ 159.109 through 159.114, relating to the various business districts;

      (3)   Review all applications for amendments to the official city zoning map and to this chapter;

      (4)   On an annual basis, update the official city zoning map;

      (5)   Hold public hearings and make recommendations on other matters as appropriate which it is required to consider under this chapter;

      (6)   Recommend to the City Council amendments to the subdivision regulations and this chapter of the city code and the City Comprehensive Plan as from time to time it deems appropriate after notice of and hearings with respect thereto in accordance with § 159.044;

      (7)   Conduct special studies as directed from time to time by the City Council; and

      (8)   Provide to the City Council recommendations with respect to all of the duties listed above along with documentation of the Commission’s findings in support of the recommended action in the manner prescribed herein.

(Prior Code, § 46-22) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 94-49, passed 11-7-1994; Ord. 2009-03, passed 1-5-2009)

   (A)   Intent. The regulations imposed and the districts created by this chapter may be amended from time to time by ordinance after the ordinance establishing same has gone into effect, but no amendments shall be made without a hearing before the Plan Commission.

   (B)   Application for amendment. All applications for amendment to this chapter shall be filed with the Administrative Officer in such form and accompanied by such information as required by the Plan Commission and shall include a disclosure of beneficial interests as required by § 159.046. In the case of applications to amend the zoning district map, such applications shall be filed by the legal or beneficial owner of the property for which an amendment is sought. All such applications shall be forwarded to the Plan Commission at the Plan Commission’s next available agenda after all required notices have been provided in accordance with state statutes and city ordinances.

   (C)   Hearing on application. Within 60 days of receipt of any application by the Administrative Officer for an amendment, the Plan Commission shall hold a hearing on such application at such time and place as shall be established by the Plan Commission. The hearing shall be conducted and a record of such proceedings shall be preserved in such manner as the Plan Commission may, by rule, prescribe from time to time.

   (D)   Notice of hearing. Notice of time and place of such hearing shall be published at least once in a newspaper of general circulation in the city not more than 30 nor less than 15 days before such hearing. Supplemental or additional notices may be published or distributed as the Plan Commission may, by rule, prescribe from time to time.

   (E)   Findings of fact and recommendation of the Plan Commission.

      (1)   The Plan Commission shall make written findings of fact and shall submit same together with its recommendations to the City Council within 30 days after the close of the hearing on a proposed amendment. The Plan Commission’s report to the City Council shall indicate the vote of each member present and voting upon every recommendation and shall contain a statement of reasons why a member or members did not vote in favor of a recommendation.

      (2)   Where the purpose and effect of the proposed amendment is to change the zoning classification of a particular property, the Plan Commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:

         (a)   The zoning classification of property within the general area of the property in question;

         (b)   Existing uses of property within the general area of the property in question;

         (c)   The suitability of the property in question to the uses permitted under the existing zoning classification;

         (d)   The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place in its present zoning classification; and

         (e)   That there are chances of changing conditions in the applicable area of the amendment, or in the city generally, that make the proposed amendment reasonable necessary to the promotion of the public health, safety or general welfare.

      (3)   The Plan Commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment is in the public interest and is not solely for the interest of the petitioner. The Plan Commission may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the petitioner. For the purpose of this division (E)(3), the R-5 District shall be considered the highest classification and the B-2 District shall be considered the lowest classification.

   (F)   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 Plan Commission on the proposed amendment.

      (2)   Upon receipt of a written report and recommendation from the Plan Commission the City Council shall place such report and recommendation on its agenda within 30 days. The City Council may grant or deny any application for an amendment, provided however, that in case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, is filed with the Clerk of the city, the amendment shall not be passed except by a favorable vote of two-thirds of the aldermen then holding office or such vote as may be required by 65 ILCS 5/11.

   (G)   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 and one-half years, the Plan Commission may, after written notice to the owner of record of the property and after notice and hearing as herein provided for amendments, recommend to the City Council that such zoning be affirmed or repealed and rezoned to its most appropriate district classification.

(Prior Code, § 46-23) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991)

   (A)   Purpose.

      (1)   The development and execution of this chapter is based upon the division to the community 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 the public need for the particular use in the particular location.

      (2)   Such special uses fall into two categories:

         (a)   Uses publicly operated or traditionally affected with a public interest; and

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

   (B)   Application for special use permit. An application for a special use permit shall be filed with the Administrative Officer on a form prescribed by the Plan Commission if the special use permit is required for a planned development and by the Zoning Board of Appeals in all other cases. The application shall include a disclosure of beneficial interests as required by § 159.046. Such application shall be filed by the legal or beneficial owner of the property from which the special use permit is sought. The application shall be accompanied by plans and data prescribed by the appropriate Board or Commission, and shall include a statement in writing by the applicant and adequate evidence that the proposed special use will conform to the standards set forth in division (E) below. All such applications shall be forwarded to the appropriate Board or Commission at the next available agenda after all required notices have been provided in accordance with state statutes and city ordinances.

   (C)   Hearing on application for special use permit. Within 60 days of receipt of any application by the Administrative Officer for a special use permit the appropriate Board or Commission shall hold a hearing of such application at such time and place as shall be established by the appropriate Board or Commission. The hearing shall be conducted and a record of such proceedings shall be preserved in such manner as appropriate Board or Commission shall prescribe.

   (D)   Notice of hearing. Notice of time and place of such hearing shall be published at least once in a newspaper of general circulation in the city not more than 30 nor less than 15 days before such hearing. Supplemental or additional notices may be published or distributed as the appropriate Board or Commission may, by rule, prescribe form time to time.

   (E)   Findings of fact and recommendations of the Plan Commission.

      (1)   The appropriate board or commission shall make written findings of fact and shall submit same together with its recommendations to the City Council within 30 days after the close of the hearing on a special use. The Board’s or Commission’s report to the City Council shall indicate the vote of each member present and voting upon every recommendation and shall contain a statement of reasons why a member or members did not vote in favor of a recommendation.

      (2)   No special use shall be recommended by the Board or Commission for approval by the City Council unless the Board or Commission shall find that the petitioner has shown that:

         (a)   The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;

         (b)   The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, not substantially diminish and impair property values within the neighborhood;

         (c)   The establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district, including in business districts, the special use will not negatively affect the overall character of the area or detract from the primary retail nature of the district;

         (d)   The exterior architectural appearance and functional plan of any proposed structure will not be incompatible with either the exterior architectural appearance functional plan of structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district so as to cause a substantial depreciation in the property values within the neighborhood;

         (e)   Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;

         (f)   Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and

         (g)   The special use shall conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the City Council.

   (F)   Conditions. The appropriate Board or Commission may recommend and the City Council may require such conditions or restrictions upon the construction, location and operation of a special use as shall be deemed necessary to secure the general objectives of this chapter and maintain the value of property in the neighborhood. Such conditions may include, but not be limited to, provisions for the protection of adjacent property, the expiration of such special use permit after a specified period of time, or off-street parking and loading.

   (G)   Action by the City Council.

      (1)   The City Council shall not act upon a proposed special use permit until it shall have received written findings of fact and a recommendation from the appropriate Board or Commission on the special use permit.

      (2)   Upon receipt of written findings of fact and recommendation from the appropriate Board or Commission, the City Council shall place such report on its agenda within 30 days. special use permits shall be authorized by the City Council by ordinance.

   (H)   Effect of denial of a special use permit. No application for a special use permit which has been denied wholly or partly by the City Council shall be resubmitted for a period of one year from the date of such denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the appropriate Board or Commission.

   (I)   Uses authorized. Within each zoning district a special use permit may include one or more of the uses listed therein as special uses.

   (J)   Revocation and expiration. In any case where a special use has not been established within one year after the date of granting hereof, the appropriate Board or Commission shall review the special use permit and recommend to the City Council whether or not the special use permit should be revoked. Should a special use or uses authorized by special use permit cease to exist for more than one year, the special use permit shall automatically expire and may be renewed only by complying with the provisions of this section.

   (K)   Special use development standards. Except as herein provided, the minimum size for each zoning lot designed or used for a special use and the minimum yard requirements shall be recommended by the appropriate Board or Commission and specified by the City Council.

   (L)   Uses requiring a special use permit; residence and general residence districts. The following may be allowed by special use permit in any residence or general residence district, as provided in this section:

      (1)   Cemeteries, but not on zoning lots of less than ten acres in area with a minimum frontage of 500 feet;

      (2)   Memorial garden;

      (3)   Excavations and filling as follows:

         (a)   Artificial lakes and ponds not associated with the subdivision of an existing zoning lot in which a lake and/or and may be developed as a part of a drainage system for the subdivision and surrounding area;

         (b)   Borrow pits; and

         (c)   Artificial mounds or berms for landscaping purposes exceeding seven feet in height above the natural elevation of the surrounding land.

      (4)   Funeral homes and mortuaries on zoning lots of ten acres or more with a minimum frontage of 500 feet;

      (5)   Governmental structures and facilities;

      (6)   Institutions, but not on zoning lots of less than 40,000 square feet, including all uses, structures and facilities customarily incidental to their operation, as follows:

         (a)   Colleges and universities;

         (b)   Elementary and high schools, private or public;

         (c)   Institutions for the mentally handicapped;

         (d)   Day, nursery and other schools for the care and instruction of children except as permitted in the OR-2 District;

         (e)   Churches, chapels, temples and synagogues, including associated rectories, parsonages and parish houses;

         (f)   Hospitals and related health care facilities;

         (g)   Nursing homes;

         (h)   Libraries, art galleries and museums open to the public;

         (i)   Philanthropic and charitable institutions, but not including businesses sponsored by such institutions except such as are accessory or incidental to and located in the same building as such institution proper; and

         (j)   Continuing care retirement communities.

      (7)   Planned developments, in accordance with §§ 159.047 and 159.048, as follows:

         (a)   Planned preservation subdivisions in all districts; and

         (b)   Planned apartment developments in GR-4, GR-3, GR-2 and GR-1 Districts.

      (8)   Private guest houses and detached living quarters in the R-5, R-4 and R-3 Districts for persons employed on the premises and their immediate family, but only when associated with a single-family dwelling located on a zoning lot with twice the minimum area required by the zoning district in which the single-family detached dwelling is located;

      (9)   Private recreational and social clubs and civic and fraternal organizations on zoning lots of ten acres or more with a minimum frontage of 500 feet except as permitted in the ROS, OR and OR-2 Districts;

      (10)   Public utility, service and equipment facilities, including, but not limited to, telephone exchanges, electric substations and gas regulator stations;

      (11)   Natural preservation areas, provided that such property must exist and remain in an undeveloped state as a nature preserve devoted exclusively to scientific and educational purposes, shall not be used for any residential, commercial or industrial purposes and that public access be provided directly to the property or to adjoining property for which similar use is permitted;

      (12)   Residential developments in existing buildings having historic architectural or aesthetic significance, of educational institutions on zoning lots of ten acres or more in existence on May 13, 1978, which historically have provided complete residence and educational facilities for its faculty and students. The residential densities in such existing buildings may exceed those permitted for the underlying classification only when it is determined to be necessary to accomplish the objectives and intent of this section. However, no new residential structures or additions may be constructed on the site which will further increase the density beyond that permitted by the zoning classification. No new accessory facilities or additions may be permitted on the site which are not in harmony with the intent of this section to preserve the historical and architectural, aesthetic significance of existing structures and sites. In evaluating the appropriateness of the number of dwelling units proposed for such development, the following items, among other things, shall be considered: the historical residential population and use of the site during institutional use, the character of the surrounding area, the topography of the area, the bulk of the buildings existing on the site, and the extent of the benefit to the welfare of the community to be derived from preserving the existing aesthetic appearance of the site;

      (13)   Non-school related uses of public and private elementary and high school buildings and facilities which either are temporarily or permanently not needed or required for school purposes;

      (14)   Senior cottage developments, as this term is defined in § 159.002, shall only be permitted pursuant to a special use permit, which permit may authorize variances from the floor area, setback and other bulk and yard requirements of the zoning district in which the property in question is located. No such special use permit shall be granted unless the applicant demonstrates, to the satisfaction of the City Council that, in addition to the standards otherwise required for special permit uses found in division (E) above, the following standards are also satisfied.

         (a)   There is a demonstrable and immediate need for affordable, rental, senior housing units, as evidenced in a market analysis or other competent evidence, within the city and its immediate vicinity.

         (b)   The proposed senior cottage development is reasonably accessible to commercial areas, public and private services, public transportation routes or other identified senior magnets, including:

            1.   Market Square;

            2.   Settlers’ Square;

            3.   Lake Forest High School;

            4.   District 67 Schools;

            5.   Barat Campus and Lake Forest College;

            6.   Parks and open lands;

            7.   Grove School; and

            8.   The Lake Forest Library.

         (c)   The proposed senior cottage development is to be located on property owned by either the city, the City Housing Foundation or some other similarly situated not-for-profit corporation involved in the development and management of affordable senior housing for the city community. Where the property is owned by a not-for-profit corporation other than the City Housing Foundation, the not-for-profit corporation shall produce evidence, satisfactory in form and substance to the City Manager in consultation with the City Attorney, that it owns the property in fee simple. Notwithstanding anything provided in this division (L)(14)(c), senior cottage developments may be proposed on property where neither the city, the City Housing Foundation, nor another similarly situated not-for-profit corporation has a fee simple or lesser interest in the property; provided, however, that the owner of the property is prepared to transfer ownership in fee simple to either the city, the City Housing Foundation or a similarly situated not-for-profit corporation as a condition of the special use permit.

         (d)   The proposed senior cottage development is designed to be architecturally and structurally compatible and consonant in overall site design with surrounding properties. The determination as to whether a senior cottage development is architecturally and structurally compatible and consonant with surrounding properties shall be made by the Building Review Board, and where appropriate, the Historic Preservation Committee.

         (e)   Each senior cottage within a proposed senior cottage development shall be designed to accommodate the independent living requirements of persons at least 65 years of age, and shall contain no more than 1,300 square feet of space with no more than one bedroom. Each senior cottage shall have an attached or detached single car garage or carport that shall contain no more than 330 square feet. All square footage calculation for senior cottages shall be based on the city’s building scale ordinance. In addition, the senior cottage development shall contain at least one senior cottage, but in no instance more than five senior cottages, and shall provide direct connection to public sidewalks.

         (f)   Each senior cottage within a proposed senior cottage development shall be made available exclusively for rental occupancy by a family of not more than two people, provided that at least one of the family-members is at least 65 years of age and the other family-member is at least 21 years of age.

         (g)   Any senior cottage development shall have a restrictive covenant recorded against its property. The restrictive covenant shall be in a form and substance acceptable to the City Attorney and shall contain such terms to assure compliance with the requirements of this code, and include the following provisions:

            1.   The senior cottage development within a proposed senior cottage development shall be made available exclusively for rental occupancy by a family in accordance with the limitations of division (L)(14)(f) above; and

            2.   The senior cottage development serves a demonstrable sector of the community in need of affordable, rental housing units that qualify as “low income housing” under the “safe harbor” provisions, adopted as Rev. Proc. 96-32, 1996-1 C.B. 717, by the Internal Revenue Services, (as it may be amended from time to time).

         (h)   Any applicant for a senior cottage development special use permit must demonstrate the financial capability, in form and substance satisfactory to the City Manager to undertake and operate such development in compliance with the requirements of this code. In evaluating such financial capability, the city shall consider whether the senior cottages and their residents would be eligible to participate in rental subsidy programs designed to serve person of limited income.

         (i)   Notwithstanding any contrary regulations of this code, special use permits issued for any senior cottage development may multiple senior cottages on one zoning lot.

      (15)   In the R-4 zoning district an adaptive reuse residential development may be authorized as a type of planned development through a special use permit in accordance with the provisions of this division (L)(15) and subject to the determination by the city that the following criteria are satisfied.

         (a)   Minimum size. No development area consisting of fewer than 20 acres shall be considered for an adaptive reuse special use permit.

         (b)   Previous use. Previous use or uses of the proposed development area were uses other than single-family residential authorized through a special use permit.

         (c)   Historic significance. One or more structures of historic significance are located on the development area. Historic significance shall be deemed to exist if the structure(s) are included in one or more local or national historic districts or if the structure(s) are locally designated as individual historic landmarks.

         (d)   Adjacencies. The development area is adjacent to or located within 200 feet of at least one other zoning district and the density of the adaptive reuse development does not exceed the maximum density permitted in the most permissive of those districts.

         (e)   Regulations for adaptive reuse developments.

            1.   Lot size, building coverage, total impervious surface and open space. All adaptive reuse developments shall be subject to the lot size, building coverage, total impervious surface and open space requirements set forth in the ordinance approving the special use permit.

            2.   Building footprints. All adaptive reuse developments shall be subject to the building locations and configurations set forth in the ordinance approving the special use permit.

            3.   Setback requirements. All adaptive reuse developments shall be subject to the setbacks set forth in the ordinance approving the special use permit.

            4.   Height requirements. All adaptive reuse residential developments shall be subject to the height requirements set forth in the ordinance approving the special use permit.

            5.   Number of buildings on a zoning lot. Multiple principal buildings are allowed on a zoning lot, subject to the limitations set forth in the ordinance approving the special use permit.

            6.   Parking and loading. All adaptive reuse residential developments shall be subject to the parking and loading requirements applicable to the R-4 District as set forth § 159.080(H) and (I), unless otherwise provided in the ordinance approving the special use permit.

            7.   Signs. Signs incorporated into adaptive reuse residential developments shall, unless otherwise provided in the ordinance approving the special use permit comply with the sign requirements applicable to the R-4 District as set forth in § 159.080(G).

         (f)   Procedure for approval of a special use permit for an adaptive reuse residential development.

            1.   Application. The owner shall submit to the city a written application for approval of an adaptive reuse residential development plan on forms supplied by the city. The application shall be accompanied by payment of requisite filing fees and a development plan, as described in division (L)(15)(f)3. below.

            2.   Tentative development plan. A tentative development plan shall be prepared by a licensed architect, land surveyor, civil engineer, or planning consultant and shall include the following:

               a.   A survey showing existing features of the property, including contours, buildings, structures, conditions and species of trees over four inches in trunk diameter, streets, utility easements, right of way, land use and other data required by the city’s subdivision ordinance for tentative plat approval, the tree preservation and landscape ordinance and other applicable city codes, ordinances and regulations;

               b.   A site plan showing proposed building location and land use areas on the property in question. The site plan shall identify all bulk, space, and yard information relating to the property in question;

               c.   An area map identifying uses and showing the buildings, natural features, roadways, pedestrian ways, and other significant characteristics of the land lying adjacent to and within at least 500 feet of the property in question. In addition, the area map shall identify the nearest adjacent zoning districts to the various areas of the property in question;

               d.   Traffic circulation, parking areas, sidewalks and pedestrian walks;

               e.   Landscaping plans, including site grading, tree preservation and landscaping design;

               f.   Preliminary drawings for buildings to be constructed in each phase, including floor plans, exterior elevations and sections, and an artist’s renderings thereof, all of which shall have been submitted to appropriate City Board or Commission for its report and recommendation prior to the final consideration of the development plan pursuant to the applicable sections of this code, unless otherwise approved in the ordinance approving the special use. A copy of the report and recommendation of the appropriate Board or Commission shall be submitted with the final development plan; and

               g.   Preliminary engineering plans, including street, yard and open space lighting, street improvements, drainage system, sewer system and public utility extensions, shall be prepared. Such preliminary engineering plans shall demonstrate compliance, or the ability to comply with, the requirements of the subdivision ordinance, the watershed development ordinance and all other applicable regulations and shall address top of foundation heights, base flood elevations, off-site stormwater impacts, wetland and other buffering requirements, and tree removal and tree preservation activities.

            3.   Review of tentative development plan; hearing. The Plan Commission shall hold a public meeting on an application for approval of a tentative development plan for the adaptive reuse development. In the course of its review, the Plan Commission may require the owner to supplement the information provided, including without limitation the preparation and delivery of engineering or other feasibility studies on the handling of anticipated problems arising out of or in connection with the development. The Plan Commission, following its review of a tentative development plan, shall recommend to the City Council approval, approval with modifications or disapproval of the tentative development plan. Any approval may be with conditions, but it shall be recommended only upon findings that:

               a.   The proposed uses will not be detrimental to present and potential surrounding uses;

               b.   The building massing, building footprints and open space reflected in the tentative development plan are consistent with those in adjoining zoning districts;

               c.   The proposed development is consistent with the general intent of the Comprehensive Plan, with consideration to the natural features on, development adjacent to, and the ingress to and egress from, the property. Alternatively, a finding that an amendment to the Comprehensive Plan consistent with the proposed adaptive reuse residential development is warranted;

               d.   Existing and proposed streets are suitable and adequate to carry anticipated traffic within the proposed development and in the vicinity of the proposed development, as well as to avoid conflicts in the character and patterns of traffic. To the extent private streets are included in the tentative development plan, adequate provisions must be made for the long-term maintenance of such streets to ensure that they do not become a financial burden on the city. Provision in deed restrictions acceptable to the city requiring that such maintenance be performed and paid for by a mandatory owners association is deemed adequate provision;

               e.   Existing and proposed utility services are adequate for the proposed development;

               f.   The proposed development, or each phase of the proposed development if construction will be in stages, will contain the required parking spaces, landscape and utility areas necessary for creating and sustaining a desirable and suitable environment;

               g.   Construction, installation or performance of all mass grading, stormwater facilities, all underground utility mains and appurtenances, private roads or public streets (through first lift) and sidewalks, and major landscaping elements is capable of completion within two years unless a longer time frame is specified in the ordinance; and

               h.   The tentative development plan complies with all other criteria and the stated purpose set forth in this section.

            4.   Consideration of tentative development plan. The City Council shall, within 60 days after receipt of the recommendation from the Plan Commission on the tentative development plan, approve, approve with modifications or disapprove the tentative development plan; any approval may be with conditions. If the Council fails to act within such 60-day period, the tentative development plan shall be deemed disapproved; provided that, if the applicant requests an extension to such period, then the period will be so extended until the Council takes action on the tentative development plan.

            5.   Ordinance approving tentative development plan. Upon approval of a tentative development plan for an adaptive reuse development, the City Council shall pass an ordinance approving the tentative development plan. No ordinance approving a tentative development plan shall be effective unless all of its terms and conditions are accepted and agreed to by the owner within ten days after its passage by the City Council (unless a longer period is provided in the ordinance approving the tentative development plan). Such ordinance approving the tentative development plan shall constitute tentative plat approval. The city may grant the tentative development plan approval contemporaneously with the special use permit ordinance; provided, however, that there shall be no right to proceed with implementation of a development plan unless and until final development plan approval is granted.

            6.   Final development plan; special use permit approval.

               a.   The Plan Commission shall hold a public hearing on an application for approval of a final development plan. Notice shall be given in accordance with the provisions of the Zoning Code relating to special uses. The owner shall submit a final development plan in accordance with the ordinance approving the tentative development plan and the final platting requirements in the city’s subdivision ordinance. The final development plan shall be processed contemporaneously with, and in accordance with, the procedures for a final plat and for a special use permit, and shall include at least the following information:

                  i.   All submittal requirements for a final plat under the subdivision ordinance; the watershed development ordinance; and other applicable city codes, ordinances and regulations (including the ordinance approving the development plan). The information required for all of the foregoing, and demonstration of compliance, shall be fully presented, including without limitation provision for construction of underground electrical and telephone service. Final engineering plans, including street, yard and open space lighting, street improvements, drainage system, sewer system and public utility extensions shall be prepared. Location of garbage and refuse collection points and of mail pickup points shall also be specified;

                  ii.   Any required declarations of covenants shall be presented for review and approval by the City Attorney;

                  iii.   Construction sequence and time schedule for completion of improvements, infrastructure, buildings, parking spaces and landscaped areas within the adaptive reuse residential development shall be set forth as part of the final development plan; and

                  iv.   Any information required pursuant to the ordinance approving the tentative development plan.

               b.   Following the public hearing, the Plan Commission shall recommend the terms for approval or amendment of the special use permit in connection with for the final development plan. Thereafter, such Plan Commission recommendation shall be forwarded to the City Council for consideration of the approval of the final development plan pursuant to a special use permit ordinance, which shall also serve as the final plat approval for the property. Until a final development plan designating the land subdivided into lots, if any, as well as the division of other lands not so subdivided into common open areas and building sites is recorded with the County Recorder of Deeds, no development activity on the property in question shall be permitted unless expressly authorized in the ordinance approving the tentative development plan. The recording of the special use permit ordinance and final development plan (including the final plat) shall inform all who deal with adaptive reuse residential development of the restrictions placed upon the land and act as a zoning control device. The final development plan for the adaptive reuse development shall contain appropriate legends or notations on its face reflecting the special use permit ordinance and all of the covenants, restrictions, dedications, regulations and requirements of and for the plan and pertaining to the development, and shall be certified by the Plan Commission as being in compliance with this subchapter prior to its being recorded. No building permit shall be issued for any structure until the certification and recording of the final development plan has been completed.

            7.   Contemporaneous approvals. Nothing in this section shall prevent an owner from seeking and obtaining contemporaneous approvals, such as those for architectural elements and landscaping, provided that all elements of a development plan and other matters requiring approval are in a form acceptable to the city. To the extent feasible, contemporaneous reviews and approvals of development plans and other matters should be encouraged.

            8.   Modifications to the final development plan.

               a.   Minor modifications. The City Engineer, in his or her discretion and with the consent of the Director of Community Development, may authorize in writing minor modifications to a particular final development plan if such adjustments are necessary in light of technical or engineering considerations first discovered during actual development and do not materially affect the nature or character of the approved final development plans. Other changes necessitated by engineering considerations that may affect the nature or character of the final development plans may also be so approved by the City Engineer, within the Engineer’s sole discretion, pursuant to this division (L)(15)(f)8.a.; provided, however, that such minor modifications shall be limited to the following:

                  i.   Altering the location or dimensions of any structure, group of structures or vehicular drive by not more than five feet;

                  ii.   Altering the location of any open space by not more than five feet; and

                  iii.   Altering the final grade by not more than 5% of the originally planned grade.

               b.   Major modifications. Any modification to a particular final development plan not specifically authorized in division (L)(15)(f)8.a. above shall be considered to be a major modification and shall be granted only upon application to, and approval by the City Council, by resolution duly adopted. The City Council may, but shall have no obligation to, require that the application for a major modification be considered at a public hearing before the City Council or such other board or commission as the City Council shall require.

   (M)   Uses requiring a special use permit; Office District. The following uses may be allowed by special use permit in the Office District, as provided in this section:

      (1)   Multiple-family dwellings, independent structures with a minimum zoning lot area per dwelling unit of 2,000 square feet and planned apartment developments, in accordance with § 159.047;

      (2)   Governmental structures and facilities, except offices; and

      (3)   Public utilities, service and equipment facilities, including, but not limited to, telephone exchanges, electric substations and gas regulator stations.

   (N)   Uses requiring a special use permit; OR-2 Office Research District. The following uses may be allowed by special use permit in the OR-2 Office Research District, as provided in this section:

      (1)   Medical laboratories and scientific research laboratories (including, but not limited to, pure research, product development and research manufacturing facilities) not otherwise permitted;

      (2)   Sports complex and related facilities for indoor and outdoor athletic training, contests, events, exhibitions and other uses customarily associated with a professional football organization; and

      (3)   Governmental structures and facilities, including offices owned by municipal corporations as authorized in a special use permit, excluding active park and recreation facilities.

   (O)   Temporary uses in any district.

      (1)   The City Council may, after providing public notice as required by law, and after conducting a public hearing, direct the City Manager to grant approval of a temporary use of property or structures in any zoning district by charitable and not-for-profit entities for public or quasi-public educational, recreational or cultural uses including, but not limited to, the Lake Forest Symphony, the Deerpath Art League and the Historical Society, if determined by the City Council to be in the public interest.

      (2)   Such temporary uses shall be approved for a period of not more than two years.

      (3)   (a)   Established annual community events, that occur for not more than five consecutive days, once a year, may be approved by the City Manager without a public notice, a public hearing or direction from the City Council.

         (b)   A newly proposed annual community event requires review and approval by the City Council prior to City Manager approval.

   (P)   Uses requiring a special use permit; TD Transitional District.

      (1)   The following uses may be allowed by special use permit in the TD Transitional District, as provided in this section:

         (a)   Single-family residential dwellings that do not meet the requirements of the R-5 Zoning District;

         (b)   Multiple-family dwellings;

         (c)   Office buildings, including accessory commercial uses for the convenience of the office building occupants;

         (d)   Adaptive re-use buildings that may contain restaurants, educational facilities, daycare facilities, clubhouses, offices and any other use approved by ordinance duly adopted by the City Council;

         (e)   Civic, religious, institutional, recreational and cultural uses; and

         (f)   Financial institutions.

      (2)   Special uses proposed for any area within the TD Transitional District shall be consistent with the city’s Comprehensive Plan, with consideration to the natural features on, and development adjacent to, the property.

(Prior Code, § 46-24) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 92-58, passed 11-2-1992; Ord. 94-49, passed 11-7-1994; Ord. 95-2, passed 2-16-1995; Ord. 95-26, passed 8-7-1995; Ord. 95-41, passed 11-6-1995; Ord. 96-23, passed 7-1-1996; Ord. 98-52, passed 9-17-1998; Ord. 01-17, passed 6-21-2001; Ord. 03-39, passed 6-19-2003; Ord. 2005-41, passed 10-3-2005; Ord. 06-46, passed 8-7-2006; Ord. 2007-18, passed 5-7-2007)

   All applications for variations (§ 159.042(F)(1)), amendments (§ 159.044(E)), and special use permits (§ 159.045(B)), shall set forth on their face the following information:

   (A)   If the applicant is a corporation, the application must be accompanied by a resolution of the corporation authorizing the execution and submittal of the instant application. In addition, the application shall indicate on its face the names of all directors and corporate officers of the corporation and also the names of all shareholders who own individually or beneficially 5% or more of the outstanding stock of the corporation;

   (B)   If the applicant is a general partnership, the application shall contain a list of all general partners who have a 5% or greater individual or beneficial interest in the partnership;

   (C)   If the applicant is a limited partnership, the application shall contain a list of all the names of general partners and the names of all limited partners having a 5% or greater individual or beneficial interest in the partnership; and

   (D)   If the applicant is a land trust or any other trust, the application shall contain the names and addresses of all beneficiaries of the trust together with their respective interests in the trusts. The application shall be further verified by the applicant in his or her capacity of trustee or by the beneficiary as a beneficial owner of an interest in the trust and the application shall be signed individually by as many beneficiaries as are necessary to constitute greater than 50% ownership of the beneficial interest of the trust.

(Prior Code, § 46-25) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991)

      (1)   The regulations contained in this section are established to achieve or otherwise promote one or more of the following amenities or objectives in a new development: (a) imaginative design; (b) preservation of natural features such as floodplains, woodlands, wetlands, bluffs and ravines; (c) open space; (d) landscaped berms and buffers; (e) recreational facilities; (f) stormwater retention facilities; (g) diverse housing types and housing types that are available only in limited supplies in the community; (h) housing that supports alternative modes of fransportation through proximity to train stations, bicycle and pedestrian paths and similar facilities; (i) development that supports and brings vitality to the business districts; and (j) housing near community institutions or (k) such other amenities as the City Council may determine will serve the purposes of this section and be in the public interest. The standards contained in this section and § 159.048 are intended to provide a development alternative to the zoning standards applicable to the underlying zoning for the property. To be eligible for approval, proposed developments must, in the determination of the City Council based on consideration of the findings and recommendation of the Plan Commission: (a) serve the purposes stated in this division (A); (b) comply with all applicable requirements of this § 159.047, including the standards stated in the appropriate section of division (A)(2), below; (c) be in the public interest; (d) be compatible with the character of the city; and (e) be in accord with the principles set forth in the Comprehensive Plan of the city.

      (2)   Additionally, each of the individual types of planned developments was created for the following purposes:

         (a)   Planned preservation subdivision development. The planned preservation subdivision provisions, as further set forth in § 159.048, permit creation of developments which preserve and protect architecturally significant homes and estates, significant parts of the landscape heritage of the city or significant natural resources including, but not limited to, woodlands, prairies, wetlands, flood plains, and environmentally sensitive or significant open space, through the dedication or establishment of common open space and the use of innovative subdivision design techniques for single-family dwellings in residential disfricts. Notwithstanding anything in this section or § 159.048 to the contrary, the City Council may approve a planned preservation subdivision design that deviates from the generally applicable development standards of Chapters 156 and 159 of the city code (including, but not limited to, standards pertaining to the size, shape, and number of lots; density; setbacks; and building areas) if the City Council determines that such design will serve one or more of the purposes described in this paragraph.

         (a)   Be permitted on zoning lots the minimum size of which are in accordance with the provisions of each district.

         (b)   Be served by public water supply and be connected to the public sanitary sewer system.

         (c)   Have adequate public street frontage to construct the necessary road or roads needed to serve such development.

         (a)   Except as otherwise provided herein, the maximum number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per dwelling unit required by the district or districts in which the development is located. Net development area shall be determined by subtracting from the goss development area the area set aside for nonresidential uses and the area devoted to public or private streets or roads. The area of land set aside for common open space or recreational use and off-street parking may be included in determining the number of dwelling units permitted.

         (b)   The land area covered by the main building or buildings shall not exceed 30% of the net development area.

         (c)   Along the periphery, yards shall be provided as required by the regulations of the district in which such development is located; provided, however, that such requirement might be modified on a showing by the applicant of a more workable or compatible arrangement.

         (d)   The spacing between principal buildings shall be at least equivalent to such spacing as would be required between buildings similarly developed under the terms of this chapter on separate zoning lots.

         (e)   Upon recommendation of the Plan Commission and approval by the City Council the lot area provided for each dwelling unit may be reduced to 2,650 square feet in the GR-2 District.

         (f)   Upon recommendation of the Plan Commission and approval by the City Council the lot area provided for each dwelling unit may be reduced to 1,700 square feet in the GR-1 District if underground parking is provided for at least 75% of all parking on the site.

         (a)   Any applicant for a planned multi-family development under these regulations shall file with the Community Development Departnent, an application including the following information:

            1.   A statement describing the general character or the intended development together with such pertinent information as may be necessary to determine whether the contemplated development conforms to the requirements of this section and the general and specific standards established herein;

            2.   A site plan indicating the arrangement and tentative location of buildings, uses pennitted, land to be preserved as permanent common open space, parking and loading spaces and other special features of the development plan;

            3.   A draft of the proposed protective covenants whereby the owner proposes to regulate land use and otherwise protect the development;

            4.   A draft of any proposed incorporation agreement and a draft of any bylaws or easement declaration conceming maintenance of open space and other common facilities;

            5.   Architectural elevation and perspective drawings of all proposed structures and improvements;

            6.   A development schedule indicating:

               a.   The approximate date when constuction of the project can be expected to begin;

               b.   The stages in which the project will be built and the approximate dates when construction of each stage can be expected to begin;

               c.   The anticipated rate of development;

               d.   The approximate dates when development of each of the stages will be completed; and

               e.   The area and location of common open space that will be provided at each stage.

            7.   A landscaping plan including a comprehensive drainage plan;

            8.   A statement of proposed financing and financial assurance acceptable to the City Council, in consultation with the City Attorney guaranteeing that once any stage of a development is started it will be completed; and

            9.   A tentative plat of subdivision prepared in accordance with all provisions of Chapter 156 of this city code.

         (b)   The planned multi-family development shall be examined and evaluated by the Plan Commission in terms of the statement of purpose contained herein, and may be recommended for approval only after a determination has been made that the proposed development does in fact serve such purpose.

         (c)   No planned multi-family development shall be recommended by the Plan Commission for approval by the City Council unless such complies with all of the other standards provided in Chapter 156 of this city code unless a variance is specifically recommended.

         (a)   In a planned business development, the total goss floor area shall not exceed three times the area of the zoning lot on which the planned business development is located.

         (b)   In a planned business development, the bulk requirements of the applicable zoning district may be modified in accordance with a comprehensive site development plan.

         (c)   In a planned business development, if 75% or more of all on site off-street parking is located undergound or in a basement substantially screened from view from the outside, the total goss floor area specified in division (D)(3)(a) above, may be increased by 15%.

         (d)   In a planned business development, if a 20-foot setback is provided along one or more streets on which the planned business development fronts, the total gross floor area specified in division (D)(3)(a) above, may be increased by 5% for each such street setback.

         (e)   In a planned business development, multiple-family dwellings may be permitted with a minimum zoning lot area per dwelling unit of 2,000 square feet.

         Additionally, the gross floor area devoted to dwelling units shall not exceed the gross floor area devoted to business uses.

         (a)   Any applicant for a planned business development under these regulations shall file with the Plan Commission an application, including the following information:

            1.   A statement describing the general character of the intended development together with such pertinent information as may be necessary to determine whether the contemplated development conforms to the requirements of this section and the general and specific standards established herein;

            2.   A site plan indicating the arrangement and tentative location of buildings, uses permitted, open space and landscaped areas, pedestrian walkway areas, parking and loading spaces and facilities, and other special features of the development plan;

            3.   Architectural elevations and perspective drawings of all proposed structures and improvements;

            4.   A development schedule indicating:

               a.   The approximate date when construction of the project can be expected to begin;

               b.   The stages, if any, in which the project will be built and the approximate dates when construction of each stage can be expected to begin;

               c.   The anticipated rate of development; and

               d.   The approximate dates when development of each of the stages will be completed.

            5.   A landscape plan including a comprehensive drainage plan;

            6.   A statement of proposed financing and financial assurances acceptable to the City Council in consultation with the City Attorney guaranteeing that once any stage of a development is started it will be completed; and

            7.   A tentative plat of subdivision prepared in accordance with all provisions of Chapter 156.

               a.   The planned business development shall be examined and evaluated by the Plan Commission in terms of the statement of purpose contained herein, and the Plan Commission may recommend such planned business development for approval by the City Council only after a determination has been made that the proposed development does in fact serve such purpose.

               b.   No planned business development shall be recommended by the Plan Commission for approval by the City Council unless such complies with all of the standards provided in Chapter 156 of the city code unless a variance is specifically recommended.

   (E)   Overriding authority. Notwithstanding any deviation from the provisions otherwise set forth in this section, § 159.048, or other applicable provisions of this Chapter 159 or Chapter 156 of the city code, the City Council may approve any planned development regardless of type that will, in the Council’s legislative judgment, promote the public health, safety, or welfare of the city and its residents.

(Prior Code, § 46-26) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 95-26, passed 8-7-1995; Ord. 2017-08, passed 2-21-2017)

   (A)   Purpose.

      (1)   The regulations contained herein are adopted pursuant to the 65 ILCS 5/11-13-1, to ensure and facilitate the preservation of sites, areas, buildings, structures, landscaping, woods and other natural terrain features, and the character of surrounding areas which are individually and/or collectively of special historical, architectural, aesthetic, cultural and/or ecological significance to the city and its citizens, and are desirable in order to maintain the value of property within the city and the distinct urban ambiance that characterizes the city as a unique community in the United States. Because of the collective significance of the properties within the district, special use permits, demolition of structures and subdivisions of land within the district are of special concern to the city and its citizens, thereby necessitating special standards and procedures for review and approval. To be eligible for approval under this section, proposed uses, actions and developments must comply with all provisions of this section and be compatible with the character of the city ambiance of the Historic Residential and Open Space Preservation District.

      (2)   It is a further purpose of this section to preserve the architecturally significant homes and estate properties concentrated in the city, and rarely found elsewhere in this state or the Midwest, because such homes and properties comprise an irreplaceable historic resource embodying high standards of architectural design and craftsmanship that represent a significant period of residential development, which is important and rare in American history and whose continued existence is desirable in order to maintain the distinct urban ambiance that characterizes the city as a unique community in the United States; provided that such preservation can be accomplished without any material adverse effect upon the particular property involved.

      (3)   It is also the purpose of this section to protect those areas or portions of property identified on the historic residential and open space preservation map as significant parts of the landscape heritage of the city, such as wetlands, floodplains, poor soils, woodlands, meadows, prairies, savannas, environmentally sensitive and/or significant open space, from increasing development pressures while being sensitive to the rights of individual property owners to develop their properties in accordance with the rules and regulations as set forth by city standards. Innovative design and site planning solutions are encouraged when contemplating development to achieve the purposes of this section. It is not the primary intent of this section to allow density transfers, thus preserving large areas of open space, for properties that would not otherwise be buildable, such as those areas listed above in this division (A)(3).

   (B)   Designation and definition of the Historic Residential and Open Space Preservation District and general provisions.

      (1)   A Historic Residential and Open Space Preservation District is hereby created as a special district which is to function as a secondary zoning district superimposed on the existing zoning districts contained in the official map of the city.

      (2)   The Historic Residential and Open Space Preservation District which may comprise separate and distinct areas shall be labeled on the district map of the city the Historic Residential and Open Space Preservation District, as provided in § 159.066. The locations and boundaries of the district shall be as set forth on said district map, as amended from time to time by the City Council.

      (3)   The City Council may, from time to time, add to or delete from the Historic Residential and Open Space Preservation District.

      (4)   In revising the boundaries of the district and in the Historic Residential and Open Space Preservation District map, the following criteria shall be considered:

         (a)   The historic, architectural, aesthetic and/or cultural significance or value of any area, site, building, structure and/or landscaping, streetscape, road frontage, vistas or terrain feature, either individually or in relation to each other or to natural or physical boundaries;

         (b)   The visual, geographic and density relationship of any such site, building, structure or feature to its surrounding area;

         (c)   The age, history, architectural or historical style or period, construction, craftsmanship, uniqueness, ecological value, topographical significance or irreplaceability of any such building, structure or feature, considered individually or collectively;

         (d)   The designation by governmental bodies of any area, site, building, structure or feature, having any historic, architectural, aesthetic, ecological and/or cultural significance or value to the community;

         (e)   The establishment of naturally definable boundaries and buffer areas necessary to prevent encroachment of uses, development or other influences potentially adverse to the preservation purpose of this section; and

         (f)   Natural features on the site deemed worthy of preservation in accordance with standards set forth in the environmental plan and open space plan for the preservation of streams, floodway and floodplain areas, wetlands, woodlands, savannas, prairie, bluffs and ravines.

      (5)   All property and structures contained within the Historic Residential and Open Space Preservation District are collectively significant and are hereby declared to be of a special historic, architectural, cultural, ecological and/or aesthetic significance to the city by their very inclusion since each individually contributes to the ambiance existing within the District which is an irreplaceable resource.

   (C)   Applications requiring special review.

      (1)   Applications. Applications for any of the following actions within the Historic Residential and Open Space Preservation District are subject to this division (C) and the division (D) below and the submission and approval requirements designated:

         (a)   Application for subdivision of any land; or

         (b)   Application for a special use permit as permitted according to the underlying zoning. Any application for a permit for the demolition of any structure within the Historic Residential and Open Space Reservation District is subject to the provisions of § 150.148(E) of this city code.

      (2)   Special use permit required for subdivision. All applications for subdivision of land within the District shall be considered as a special use permit application, pursuant to this code, and be processed as a planned preservation subdivision in accordance with the rules and procedures contained in §§ 159.045 and 159.047, provided, however, that:

         (a)   Section 159.045(G)(2) shall not apply to planned preservation subdivisions considered under this section;

         (b)   No minimum acreage shall be required for a subdivision to be considered as a planned preservation subdivision;

         (c)   The underlying zoning of the subject property shall govern the number of lots permitted within any subdivision approved under this section, provided that the area of any street, road or access easement, on or across such property, shall be excluded, as in the conventional subdivision process;

         (d)   The size of lots in such subdivisions shall be determined based upon the purposes of this section. The lot area on which an existing structure is to be located may be required to be greater than the minimum allowed in order to preserve its aesthetic or environmental relationship to surrounding properties and or to significant accessory structures, gardens, landscaped areas and natural terrain features of the property or adjacent structures and property. Similarly, the areas of the remaining lots may individually be required to be greater or smaller that the minimum lot size allowed under the existing zoning classification for the purpose of protecting significant structural, architectural or environmental features on the property or adjacent properties, provided that no more than the number of lots calculated in division (C)(2)(c) above, shall be permitted; and

         (e)   The city may approve a “conventional subdivision” plan in lieu of a planned preservation subdivision if it finds that such subdivision more fully and appropriately meets the intent and purpose of this section.

      (3)   All other special use permits in district. Special use permits allowed in the underlying zoning shall be processed in accordance with the rules and procedures contained in § 159.045, in addition to any requirements and/or criteria in this section which may be more restrictive.

   (D)   Review criteria.

      (1)   Review requirements. Any property within the Historic Residential and Open Space Preservation District may be subdivided and/or used for any special use that is permitted under the underlying zoning upon approval of the City Council, after the review and consideration by the Plan Commission of the appropriateness of any such subdivision or special use, based on the criteria established in this section and in other applicable sections of the city code.

      (2)   Submission documents required. The following information shall be filed with the Administrative Officer together with any other documentation requested by the Plan Commission or City Manager unless waived in whole or in part by the City Manager. The developer shall bear all costs associated with providing these items:

         (a)   A full statement of reasons and purposes for which the application is made, a description of the action proposed to be taken and the manner and timing in which it is to be implemented, if approved;

         (b)   An inventory of features or elements worthy of preservation on the subject property may be required and, if required, shall include any features or elements having any historical, architectural, aesthetic, cultural and/or ecological value such as the main house, formal gardens, outbuildings, walls, reflecting pools or fountains, wetlands, floodplains, woodlands and other such similar creatures or elements;

         (c)   An assessment of the subject property by a qualified specialist(s) demonstrating whether adjoining ecosystems may be adversely affected. The developer shall provide to the city a detailed listing of the professional qualifications of all specialists to be used along with any other information deemed necessary; and

         (d)   All other information required for the review of conventional development pursuant to applicable city requirements.

      (3)   Determining appropriateness. In considering the appropriateness of an application under this section, findings must be made, in addition to the findings required in other applicable sections of the city code, that the application would not:

         (a)   Adversely affect the subject property and/or any structure. Adversely affect the residential value, use or character of the property or structure nor deprive the structure or grounds of size, configuration and relative proportions necessary to preserve the integrity, value and character of the structure and to maintain its relationship with its surroundings;

         (b)   Adversely affect other property or structures. Be significantly detrimental to the residential value, character or use of any sites, streets or areas within the Historic Residential and Open Space Preservation District visually related to or surrounding the site or structure which is the subject of the special use permit; and/or

         (c)   Materially damage, destroy, change or neglect.

            1.   Materially damage, destroy, change or neglect:

               a.   Those primary elements or features of a structure which enhance such structure’s residential value, use or character; or

               b.   Any other significant elements or features of the property that contribute to the ambiance of the Historic Residential and Open Space Preservation District.

            2.   If such damage, destruction, change or neglect was effected in anticipation of said submission, or while said submission is under review, so as to avoid the requirements of this section, the application shall be construed by the Plan Commission and the City Council as proposing such damage, destruction, change or neglect just as though it had not occurred. Further, the Plan Commission and the City Council may require repair, renovation, restoration or reconstruction of any damaged, destroyed or changed matter at the expense of the owner of and/or applicant for such property, if the city finds that said matter is a material element of the property in question and is necessary to meet the purpose of this section.

   (E)   Variations. Under special or unusual circumstances the City Council may grant variations to this section, or any other city codes, that are found to be consistent with the purposes of this section and necessary to meet or fully realize said purposes provided that the underlying density is maintained and that new structures shall be in accordance with the existing zoning; provided, that the Construction Codes Commission shall consider any variances to the construction codes of the city pursuant to Chapter 150 of the city code.

   (F)   Open space preservation, regulation and maintenance.

      (1)   Any planned preservation subdivision open space shall be common open space for the enjoyment or benefit of all residents. Each building site need not abut common open space; however, convenient access through permanent easement must be provided and perpetually guaranteed to all building sites not abutting common open space.

      (2)   Common open space areas may be devoted to the following purposes, provided, however, that all such facilities have been approved by the City Council as part of a detailed landscape and amenities plan:

         (a)   Natural areas, consisting of existing or restored native vegetation, such as floodplains, woodlands, wetlands, savannas, prairies, ravines and bluffs and/or landscape areas, including landscaped berms;

         (b)   Active or passive recreational facilities or amenities; and

         (c)   Farming and agricultural uses, such as pastures, meadows and crop fields, consistent with the permitted uses as set forth by the underlying zoning district.

      (3)   Common open space shall not be subject to further subdivision.

      (4)   It is encouraged that property located adjacent to existing open space, during the design of any development, attempt to align all proposed open space with existing open space.

      (5)   All or part of a common open space area may be required to be dedicated to the city and operated as a city recreational or educational facility, a stormwater detention facility or for other appropriate public purposes.

      (6)   The required subdivision plat shall contain the appropriate notations and clauses reflecting dedications, easements, reservations, regulations and requirements concerning ownership and responsibility for common space areas and facilities.

      (7)   When property is identified on the Historic Residential and Open Space Preservation District map as having wetlands, mature woodlands, significant road frontage or streetscape and/or other similar features, the use of conservation easement, variations in lot sizes and set backs above or below the minimums required by the District, may be encouraged to help achieve the purposes of this section.

   (G)   Miscellaneous. Unless otherwise provided by this section, the provisions set forth in the Building Code, Zoning Code, the subdivision regulations and the regulations and policies of the city, shall be fully applicable.

(Prior Code, § 46-27) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991)

   Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by any officer, department or employee unless the application for such permit has been examined by the Administrative Officer and has affixed to it his or her certificate indicating that the proposed building or structure or use of land complies with all the provisions of this chapter. Any permit or certificate of occupancy issued in conflict with the provisions of this chapter shall be null and void.

(Prior Code, § 46-28) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991)

   (A)   Certificates of occupancy.

      (1)   It shall be unlawful to use or permit the use of any building or premises or part thereof, hereafter created, erected, changed or converted wholly or partly in its use or structure, until a certificate of occupancy, to the effect that the building or premises or the part thereof so created, erected, changed or converted, and the proposed use thereof, conform to the provisions of this chapter, shall have been issued by the Administrative Officer.

      (2)   No change or extension of use and no alterations shall be made in a nonconforming use of premises without a certificate of occupancy having first been issued that such change, extension or alteration is in conformity with the provisions of this chapter.

      (3)   Copies of such certificates shall be furnished upon request to any persons having a proprietary or tenancy interest in the building affected.

   (B)   Temporary certificate. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued for a period not exceeding six months during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificates shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the city relating to the use or occupation of the premises or any other matter covered by this chapter, and such temporary certificate shall not be issued except under such restriction and provisions as will adequately insure the safety of the occupants.

(Prior Code, § 46-29) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991) Penalty, see § 159.999

   (A)   Each application for zoning certificate or for a certificate of occupancy shall be accompanied by a plat in duplicate, drawn to scale and in such form as may be prescribed by the Administrative Officer, showing the actual dimensions of the lot to be built upon, the size and location of the building or buildings to be erected and such other information as may be necessary to provide for the enforcement of the regulations contained in this chapter.

   (B)   A careful record of such applications and plats shall be kept in the office of the Administrative Officer.

(Prior Code, § 46-30) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991)

   (A)   Any person, firm, corporation or agent who shall file an application for amendment or for an appeal, variation or special 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 established by the City Council in order to defray the approximate cost of such review procedures.

   (B)   In addition thereto, all applicants for zoning amendments (text-map), appeals, variations or special uses, shall be required to pay all costs for publishing legal notices. All such additional expenses shall be paid to the Administrative Officer before any final action is taken b the Board of Appeals or Plan Commission and before the Board or Plan Commission shall transmit a recommendation to the City Council.

(Prior Code, § 46-31) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991)