Lockport City Zoning Code

ADMINISTRATION AND

ENFORCEMENT

§ 156.120 ORGANIZATION OF ORDINANCE ADMINISTRATION.

(A) Administration. The administration of this chapter is hereby vested in the following:

(1) The Office of the Zoning Administrator;

(2) The Plan and Zoning Commission.

(B) Procedures. The following zoning processes administered by the city are outlined in this section:

(1) Hearing notice and procedures;

(2) Appeals;

(3) Variations;

(4) Amendments (text amendments and map amendments/rezonings);

(5) Special uses;

(6) Zoning certifications;

(7) Site plan review;

(8) Fees;

(9) Planned unit developments.

(1) Definition. The Zoning Administrator is identified as the Director of Community and Economic Development or their designee. When no person occupies that position, the City Administrator shall appoint a staff member to serve in that capacity. In carrying out their assigned responsibilities, the Zoning Administrator may designate another person to act in their place.

(2) Duties of the Zoning Administrator. The Zoning Administrator or their designee shall administer and enforce this chapter. It shall be the duty of the Zoning Administrator to:

(a) Receive and process applications for zoning certification for structures, or additions thereto, for which building permits are required;

(b) Receive and process applications for zoning certification not accompanied by an application for a building permit;

(c) Receive and process applications for an occupancy certificate upon the completion of a structure or when there is a change of use as herein provided;

(d) Conduct inspections of structures or uses of land to determine compliance with this chapter;

(e) In cases of any violations to this chapter, notify in writing the person or persons responsible, specifying the nature of the violation and ordering corrective action;

(f) Maintain in current status the official zoning map;

(g) Maintain permanent and current records required by this chapter, including but not limited to, zoning certifications, occupancy certificates, useful life determinations, nonconforming use certificates, and all official actions related to this section.

(h) Prepare and make available, in book, pamphlet or map form, on or before March 31 of each year:

1. The compiled text of the zoning ordinance, including all amendments thereto, through the preceding December 31; and

2. An official zoning map or maps, showing the zoning district, divisions and classifications in effect on the preceding December 31;

(i) Maintain for distribution to the public a supply of copies of the zoning map or maps, the compiled text of the zoning code, and the rules of the Plan and Zoning Commission;

(j) Direct and review, not less than every five years, studies of the provisions of this chapter, the comprehensive plan, and the subdivision regulations, and report its findings and recommendations to the City Council;

(k) Cause the preparation and recommend to the City Council a comprehensive plan for the present and future development or redevelopment of the city and its mile-and-one-half planning jurisdiction, as authorized by state statutes; and from time to time, recommend changes to the comprehensive plan;

(l) Cause the preparation and recommend to the City Council, from time to time, plans for specific city improvements in pursuance of the city's comprehensive plan;

(m) Support municipal officials charged with the direction of projects for improvements recommended by the comprehensive plan, to further the making of these projects, and, generally, to promote the realization of the comprehensive plan;

(n) Cause the preparation and recommend to the city schemes for regulating or forbidding structures or activities that may hinder access to solar energy necessary for the proper functioning of solar energy systems, as defined in ILCS Ch. 30, Act 725, § 1.2, the Comprehensive Solar Energy Act of 1977, or to recommend changes in such schemes.

(D) Plan and Zoning Commission.

(1) Establishment.

(a) There is established a Plan and Zoning Commission for the city (as may be referred to here as the PZC).

(b) The Plan and Zoning Commission shall consist of seven members who reside in the city and are appointed by the Mayor with the consent of the City Council.

(2) Jurisdiction. The Plan and Zoning Commission shall have the following powers and duties:

(a) To hear and review all applications for amendments to this chapter and thereafter submit reports of findings of fact and recommendations thereon to the City Council.

(b) To hear and review all applications for special uses as outlined in this chapter and thereafter submit reports of findings of fact and recommendations thereon to the City Council.

(c) To hear and decide appeals in which it is alleged there is an error in any order, requirement, decision, interpretation or determination (referred to collectively as "decision") made by the Zoning Administrator with respect to the zoning code.

(d) To hear and decide on application for variations from the regulations specified in this chapter.

(e) To hear, review and / or recommend to the City Council on all matters as may be required under this chapter.

(f) To receive and review all plats of subdivision, and thereafter submit reports of findings and recommendations thereon to the City Council.

(g) To exercise such other powers germane to the powers granted by ILCS Ch. 65, Act 5, as may be conferred by the City Council.

(3) Meetings and rules.

(a) All meetings of the Plan and Zoning Commission shall be held in conformance with the State Open Meetings Act.

(b) Unless otherwise specified, the concurring vote of four members of the PZC shall be necessary to decide in favor of the applicant on any matter upon which PZC is required to act under this or any other chapter.

(d) In all proceedings of the PZC provided for in this chapter, the Chairman, or in his or her absence, the Vice Chairman or the City Attorney, shall have the power to administer oaths.

(e) All testimony by witnesses at any hearing provided for in this chapter shall be given under oath.

(f) The City Clerk shall keep minutes of its proceedings and shall also keep records of its hearings and other official actions.

(g) A copy of every rule, action or determination of the PZC in regard to its various jurisdictions, as defined by this section and under this chapter, shall be filed in the Office of the City Clerk, and shall be a public record.

(h) The PZC shall adopt its own rules and procedures, which shall not be in conflict with this chapter or with applicable state statutes.

(4) Quorum.

(a) Four members of the Plan and Zoning Commission shall constitute a quorum.

(b) No meeting or hearing shall be conducted by the PZC without a quorum being present.

(5) Finality of decision of Commission. Per division (D)(2), Jurisdiction, above, when PZC is authorized to decide on a matter, all decisions of the PZC on appeal from a decision of the Zoning Administrator or upon application for a variation, shall in all instances be final administrative determinations, and shall be subject to review by a court of law in the manner provided by the applicable state statute.

(E) Notice and hearing procedures.

(1) Time frame. When the provisions of this chapter require a public hearing, the Zoning Administrator shall, upon receipt of a properly completed application, assign the matter a hearing date. The hearing shall be set no later than 60 days following the submission of a fully complete application, unless the Plan and Zoning Commission hearing agenda for that date is fully committed, as determined by the Zoning Administrator.

(2) Complete application required. An application shall be considered "fully complete" only when all materials identified in this chapter, other relevant city documents, and other pertinent data indicated as necessary by the Zoning Administrator have been provided. An application shall be considered complete only if the submitted material is deemed by the Zoning Administrator as sufficiently thorough to provide the information needed by the city to support making a fully informed determination on the requested matter.

(3) Notification requirements. No public hearing shall be held on an application unless the requirements of this section are met.

(a) Published notice. The Zoning Administrator shall publish notice of any public hearing not more than 30 days, nor less than 15 days before the date for the hearing, in a newspaper of general circulation in the city.

(b) Written notice.

1. An applicant for any public hearing required by this chapter shall, not less than 15 days and not more than 30 days prior to the date set for the public hearing, serve written notice in person or by first class mail on the owners as recorded in the Office of the County Recorder of Deeds, and as appears from the authentic tax records of the county, of all property within 250 feet in each direction of the property lines of the subject property for which the public hearing is requested, provided that the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the 250-feet requirement.

2. If, after a bona fide effort to determine the above by the applicant, an owner or owners cannot be found, the notice requirements of this section shall be deemed satisfied upon filing by the applicant of an affidavit evidencing the inability to serve the notice.

3. A signed affidavit, including the notice and copy of the list of addresses, shall be provided to the Zoning Administrator at the time notice is given to the owners or taxpayers.

4. The notice required shall contain the address of the location for which the public hearing is requested, a brief statement of the nature of the request, the name and address of the legal and beneficial owner of the property, and the time and date on which the hearing shall be held. A vicinity map, showing current zoning, the location of the subject property, proposed zoning or proposed zoning action requested, shall be included with the notice.

1. Time frame. An applicant for public hearing shall, not less than 15 days prior to the date before the public hearing, post a readable sign on each adjacent roadway. Signs must be removed no later than ten days after completion of final determination of the requested action.

2. Sign requirements. The face of the signs required by this section shall be at least 36 inches in height and 48 inches in length. The signs shall contain the current zoning action requested, the date, time and place where the hearing shall be held, a statement that further information can be obtained from the petitioner and the Zoning Administrator, and the phone numbers of the city and the applicant. The sign shall have a white background with 1.5-inch-high, black block letters, except that the words "PUBLIC HEARING NOTICE" shall be in three-inch-high, red capital block letters. The signs shall meet all other requirements set forth by the city. All costs associated with hearing signs are to be borne by the applicant.

Sample Public Hearing Sign

(F) Public hearing procedures. The following provisions shall apply to public hearings required by this chapter, in addition to any other specific provisions set forth in the city code or by the Plan and Zoning Commission.

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

(2) All testimony shall be given under oath.

(3) Any interested person may appear and testify at a public hearing, either in person or by a duly authorized agent, and may submit documentary evidence; provided, however, that the Plan and Zoning Commission may exclude immaterial or unduly repetitious evidence.

(4) Procedures defined by the Plan and Zoning Commission may be applied to address processes, including, without limitation: testimony, cross-examination, continuation of the hearing, and the order of testimony.

(5) A record shall be prepared of each public hearing for presentation to the City Council, and shall include, but not be limited to: meeting minutes or similar record, items submitted by applicants and those providing testimony, recommendation of the hearing body, and staff reports and exhibits provided as part of the hearing. Such report shall be transmitted to the City Council within 60 days of the hearing.

(G) Action by the City Council. After receiving the recommendations and report of the Plan and Zoning Commission, the City Council may within 30 days review the proposed action and approve it (with or without change), may reject it, or may recommit it to the Plan and Zoning Commission for further consideration. However, the Council must act within 270 days after receiving the Plan and Zoning Commission recommendation. By way of exception, variations follow a different process as indicated in § 156.122.

(H) Penalty. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this chapter shall, upon conviction, be fined not less than $50 nor more than $750 for each offense. Each day a violation is permitted to exist shall constitute a separate offense. Nothing herein shall be construed to prevent the city from taking other lawful action as is necessary or appropriate to prevent or remedy any violation.

(Ord. 21-016, passed 8-18-21)

§ 156.121 APPEALS.

(A) Authority. Appeals from the determinations of the Zoning Administrator shall be heard by the Plan and Zoning Commission in a manner described in this section.

(B) Purpose. This appeal process is provided to mitigate against arbitrary or erroneous applications of this chapter by the Zoning Administrator, and to avoid the need for litigation in resolving such actions. However, the Plan and Zoning Commission and City Council will give proper deference to the determination of the Zoning Administrator and those charged with applying the standards and intent of this chapter.

(1) An appeal from a decision of the Zoning Administrator, made in interpreting this chapter, may be taken to the PZC by any person, firm or corporation aggrieved by the decision, or by any officer, department, board or bureau of the city.

(2) Any appeal from a decision of the Zoning Administrator shall be made within 35 days of the ruling by the Zoning Administrator, by filing a notice of appeal and specifying the ground.

(3) The Zoning Administrator shall transmit to the PZC within 30 days of receiving all required materials from the appellant, a copy of the appeal, and all of the materials constituting the records of the decision upon which the appeal has been made.

(4) The notice of appeal and the appeal itself shall be filed in the number of copies, and shall be in the form, as the PZC may provide from time to time by general rule, and contain the information as specified in division (E) below.

(D) Action on appeals.

(1) An appeal shall stay all proceedings in furtherance of the decision of appeal, unless the Zoning Administrator certifies to the PZC, after the notice of appeal has been filed with him or her, that, by reasons of facts stated in the certificate, a stay would, in their opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed other than by a restraining order, which may be granted by the PZC or by a court of record upon application following notice to the Zoning Administrator, and upon due cause shown.

(2) The PZC shall hold a public hearing regarding the appeal at an established meeting or other date it may set and give written notice of no less than 15 days to the parties having a known interest.

(3) Within 35 days after closing the hearing, the Plan and Zoning Commission shall render a final decision on the appeal.

(4) Upon the concurring vote of four members, the PZC may reverse or affirm, in whole or in part, or may modify the decision from which the appeal was taken, and to that end the PZC shall have all the powers of the Zoning Administrator with respect to the decision.

(E) Materials to be submitted. Applications for appeals will contain at least the following information:

(1) The owner's name, address, signed consent, and proof of ownership;

(2) The applicant's name and address, if different from those of the owner, and their interest in the subject property;

(3) The names and contact information of any professional consultants advising the applicant with respect to the application;

(4) The common address of the subject property;

(5) A description and/or graphic showing the situation for which the appeal is being sought, as well as the existing zoning classification, use and development of the subject property;

(6) The code section citation and determination from which an appeal is sought;

(7) A narrative of any specific situation giving rise to the original determination and the appeal;

(8) A statement of the applicant's position as to alleged errors in the determination or failure to act being appealed, and why the relief sought is justified.

(F) Fees. Fees for applications and processes related to this section shall be as found in § 156.126, Fees.

(Ord. 21-016, passed 8-18-21)

§ 156.122 VARIATIONS.

(A) Authorization.

(1) The Plan and Zoning Commission (PZC) and the Zoning Administrator may authorize variations from the terms of this chapter, as specified in this section, so long as the relief is in harmony with the purpose and intent of this chapter, and will not be contrary to the public interest.

(2) Variations may be authorized only on those specific instances enumerated in this section, and then only as indicated that the PZC or the Zoning Administrator has the authority to grant the variation requested, and has made findings of fact based upon the standards set out in this section. Such determinations shall reflect that, owing to special conditions, a literal enforcement of the provisions of this chapter will, in an individual case, result in practical difficulties or particular hardship for the owner, lessee or occupant of land or a structure.

(3) Final determination of all variations shall be made by the Plan and Zoning Commission for a PZC variation, or the Zoning Administrator for an administrative variation for which no appeal is made.

(B) Purpose. In certain circumstances, strict application of the regulations of this chapter may cause practical difficulties or a particular hardship relating to construction or alteration of buildings or structures. In such instances the Plan and Zoning Commission may grant variations from strict application of the terms of this chapter.

(C) Application procedure for variation. A complete application for a variation shall be filed with the Zoning Administrator. The Zoning Administrator shall determine based on division (E), Authorized variations, whether the application may be heard, and if so, whether the variation requested is to be heard through PZC or Zoning Administrator procedures. All submittals shall contain the information specified on the variation application form provided by the city or additional information as deemed necessary by the Zoning Administrator.

(D) Hearing and notice.

(1) Plan and Zoning Commission variation hearing and notice.

(a) For variations governed by division (E)(1), the PZC shall select at an established meeting or other date it may set as a special meeting.

(b) Notification shall adhere to the published notice and written notice requirements as contained in § 156.120(E)(3), Notification requirements.

(d) Any party of interest may appear and be heard at the hearing in person, by agent or by attorney.

(2) Administrative variation hearing and notice.

(a) For administrative variations governed by division (E)(2), a public hearing is not required.

(b) Notification required shall be through first class mail to all property owners within one property radius of the subject property, including across a street or other right-of-way.

(c) The notice shall include the street address or common description of the property involved, and a description of the variation requested.

(d) A signature line shall be provided on the notice and those property owners to whom notice was sent must communicate to the Zoning Administrator regarding their support of or opposition to the proposed variation. If all property owners to whom notice was sent do not provide such agreement, the variation shall be heard by the PZC.

(E) Authorized variations.

(1) Plan and Zoning Commission authorized variations. Variations from the regulations of this chapter may be granted by PZC, only in accordance with the standards set out in division (F), Standards for variations, and may be considered only in the following instances:

(a) To vary the applicable lot area and lot width requirements, including the minimum lot area per dwelling unit requirement for multiple-family dwellings;

(b) To vary dimensional requirements of bulk regulations, including but not limited to, maximum height, lot coverage, floor area ratio and minimum yard requirements;

(c) To vary the applicable off-street parking and off-street loading requirements governed by §§ 156.090 et seq., provided that:

1. Reductions in the front and corner side yard setbacks in nonresidential districts to accommodate off-street parking spaces may be approved only when it is the finding of the PZC that ample green space along roadways is provided to maintain a character consistent with surrounding properties, and that specific unique existing hardships require the requested relief; and

2. Landscaping is provided at all property lines and for a minimum of seven feet from all property lines;

(d) To vary the regulation relating to the restoration of damaged or destroyed nonconforming structures contained in § 156.062, Nonconforming Structures;

(e) To vary any bulk regulations for accessory structures or permitted uses governed by § 156.023(E), General and bulk regulations for accessory structures and uses permitted as encroachments.

(2) Administrative variations. Variations from the regulations of this chapter may be granted by the Zoning Administrator in accordance with the requirements of this section and the standards set out in division (F), Standards for variations, and may be considered in the following instances:

(a) To vary dimensional requirements of bulk regulations subject to the following limitations:

1. Up to 20% from the existing condition as built for existing structures for:

a. Lowland yards (such as wetlands or floodplain). The required yard adjacent to a lowlands maintenance easement cannot be varied;

b. The minimum, lot-area-per-dwelling-unit requirement for multiple-family dwellings shall not be reduced to permit more than one dwelling unit in addition to the number that would be permitted by strict application of minimum-lot-area requirements.

2. Up to 10% or ten feet, whichever is less, for accessory structures or permitted obstructions governed by § 156.023(E), General and bulk regulations for accessory structures and uses permitted as encroachments;

3. Up to 20% for other bulk standards, including but not limited to, maximum height, lot coverage, floor area ratio and minimum yard requirements;

(b) To vary the applicable lot-area and lot-width requirements, subject to the following limitations:

1. The minimum lot-width requirements shall not be reduced more than 20%;

2. The minimum lot-area for a single-family or two-family dwelling shall not be reduced more than 20%;

3. The minimum, lot-area-per-dwelling-unit requirement for multiple-family dwellings shall not be reduced to permit more than one dwelling unit in addition to the number that would be permitted by strict application of minimum-lot-area requirements;

(c) To vary the number of required parking spaces contained in § 156.102, Schedule of Parking Requirements, by no more than 10% or two spaces, whichever is greater.

(F) Standards for variations.

(1) Standards. The PZC or Zoning Administrator shall not vary the regulations of this chapter without making positive findings of fact based upon the evidence as presented that:

(a) The property in question cannot yield a reasonable return, if permitted to be used only under the conditions allowed by the regulations of the district in which it is located;

(b) The proposed variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship that will result if the strict letter of the regulations were carried out, which are not generally applicable to property within the same district;

(c) The alleged hardship has not been directly created by any person presently having a proprietary interest in the premises;

(d) The proposed variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood;

(e) The proposed variation will not impair an adequate supply of light and air to adjacent property, substantially increase congestion in the public streets, increase the danger of fire, or endanger the public safety;

(f) The proposed variation will not alter the essential character of the locality;

(g) The proposed variation is in harmony with the spirit and intent of this chapter.

(2) Conditions and restrictions on variations. The PZC, or the Zoning Administrator in the case of administrative variations, may impose conditions and restrictions that include, but are not limited to: location, size, height, construction, berming, screening, landscaping, or other similar means to buffer or protect nearby property and designate standards for installation and maintenance thereof; and design and use of the property benefitted by a variation as may be necessary or appropriate to comply with the foregoing standards, and to protect adjacent property and property values.

(G) Decisions and variations.

(1) Plan and Zoning Commission decisions.

(a) Action by the Plan and Zoning Commission. Within 35 days of the close of the public hearing, the Plan and Zoning Commission shall make a final decision. Failure to do so within 35 days, or longer period if agreed to by the applicant, shall be deemed a decision for denial of the variation by the Plan and Zoning Commission.

(b) If the variation application is denied, a similar application for relief may not be brought before the city for a period of one year.

(c) A variation shall be granted by means of a conclusion or statement of relief granted, supported by findings of fact, which statement and findings shall be transmitted to the applicant not less than 35 days from the date of the decision.

1. The findings of fact shall specify the reason or reasons for granting the variation, and shall refer to any exhibits containing plans and specifications for the proposed variation that have been made a part of the application, or that were introduced at the public hearing as evidence. The exhibits shall remain part of the permanent record of the PZC.

2. The terms of relief granted shall be specifically set forth in conclusions or statements separate from the findings of fact.

(2) Administrative decisions.

(a) If the Zoning Administrator intends to grant the variation, supported by the findings of fact; deems the variation to be in conformance with those that are authorized in division (F), Standards for variations; has not received any objections within 14 days of receipt of required notice; and the applicant does not object or disagree with any condition of approval imposed by the Zoning Administrator, then the administrative variation shall be approved. The applicant shall be notified in writing of the approval.

(b) If any of the following occurs, then the administrative variations shall not be granted and the applicant may file for a non-administrative variation:

1. The Zoning Administrator is going to deny the variation;

2. There was an objection to the variation within 14 days of receipt of required notice; or

3. The applicant objects or disagrees with any condition of approval imposed by the Zoning Administrator.

(H) Period of validity.

(1) Time frame. No decision granting a variation shall be valid for a period longer than 12 months from the date of the decision unless:

(a) An application for a zoning certification is obtained within the period and construction, reconstruction, moving and remodeling is started; or

(b) An occupancy certificate is obtained and a use is commenced.

(2) Extensions of time. The PZC, or the Zoning Administrator in the case of administrative variations, may grant additional extensions of time not exceeding 180 days each, upon written application made within the initial 12-month period, without further notice or hearing, but the right to extend the time shall not include the right to grant additional relief by expanding the scope of the variation; provided, however, that nothing in this section shall limit or affect the validity of a variation granted under the terms of this section, if the relief sought and obtained does not require the issuance of a zoning or occupancy certificate, or the commencement of use, construction, reconstruction, moving or remodeling.

(I) Resubmission. If a proposed variation application is rejected, the application, or one substantially similar, may not be resubmitted within 12 months of the date of rejection.

(J) Fees. Fees for applications and processes related to this section shall be as found in § 156.126, Fees.

(Ord. 21-016, passed 8-18-21)

§ 156.123 AMENDMENTS; TEXT AND MAP.

(A) Authority. The regulations established, and the districts created by this chapter may, from time to time, be amended by an ordinance passed by the City Council, upon receiving a recommendation from the Plan and Zoning Commission (PZC). Amendments for a text amendment or a map amendment (rezoning) may be filed by the City Council, PZC or Zoning Administrator. In addition, the owner of a property or an individual or entity with a contractual interest in a property (with the authorization of the owner) may file for an amendment to the zoning map, and any interested person may propose an amendment to the text of this chapter.

(B) Purpose. Amendments to this chapter are intended to revise or refine the zoning ordinance or zoning map as needed to keep it a current and effective tool for development regulation. Amendments should reflect new conditions or newly identified situations, technologies, business approaches or unexpected conditions. The amendment process is not appropriate solely to relieve a particular inconvenience for an individual applicant, as such changes affect other aspects of the chapter and/or surrounding properties.

(1) An application for an amendment shall be filed with the Zoning Administrator. All submittals shall contain all the information specified on the zoning amendment application form provided by the city or as deemed necessary by the Zoning Administrator.

(2) The completed application for amendment shall be forwarded by the Zoning Administrator to the PZC within 30 days for the purpose of conducting a public hearing, to be held not more than 90 days from the date of the receipt of the application by the Zoning Administrator.

(3) Following receipt of a recommendation by the PZC, the City Council will either approve the application, approve the application with modifications or conditions, deny the application, or refer the matter back to the PZC for further deliberation.

(4) If a proposed zoning amendment application is rejected by the City Council, that application, or one substantially similar, may not be resubmitted within 12 months of the date of rejection by the City Council.

(D) Hearing and notice.

(1) The PZC shall hear the application for amendment at a public hearing on an established meeting or other date it may set.

(2) Notification shall adhere to the published notice and written notice requirements as contained in § 156.120(E)(3), Notification requirements.

(3) The PZC may give any additional notice as it may, from time to time, by rule provide.

(4) Any party of interest may appear and be heard at the hearing in person, by an agent or by an attorney.

(E) Protest against map amendment.

(1) A written protest regarding a proposed map amendment may be filed with the City Clerk, signed and acknowledged by property owners, individually or collectively, representing one or more of the following:

(a) Twenty percent of the block frontage on which a subject property is located;

(b) Twenty percent of the block frontage directly opposite a street from where the subject property is located; or

(2) Where a protest against a proposed map amendment has been properly filed and found valid by the Zoning Administrator, it shall not be passed except by the favorable vote of two-thirds of all members of the City Council.

(3) Protests by such property owners shall be deemed valid only if:

(a) The protest is made only after an authorized representative of the affected property owner(s) has considered the evidence in the case;

(b) The protest is made in writing and submitted to the City Clerk not earlier than the first day after the public hearing has concluded, and not later than six days following the public hearing, and provided that the written protest is circulated by first class mail by the protesting party to the applicant and their representative, if any, identified in the application for the proposed amendment and/or all other represented parties, if any;

(c) An authorized representative of the protesting property owner(s) shall be required, on request of any party in the case, including the city, to give oral testimony under oath to support the protest;

(d) The protest is directly related to the evidence presented during the public hearing and upon which the Plan and Zoning Commission may base their respective findings of fact.

(F) Standards for map amendments. The wisdom of amending the zoning map of this code is a matter committed to the legislative discretion of the City Council and is not dictated by any set standard. However, in determining whether a proposed amendment should be granted or denied, the City Council should be guided by the principle that its power to amend this code is not an arbitrary one, but one that may be exercised only when the public good demands or requires the amendment to be made. In considering whether that principle is satisfied in any particular case, the City Council should weigh the following factors, which the applicant is required to address:

(1) The extent to which property values of nearby properties may be diminished by the particular zoning restriction;

(2) The extent to which the proposed amendment promotes the health, safety, morals or general welfare of the public;

(3) Relative gain to the public compared to the hardship imposed upon the property owner;

(4) The suitability of the subject property for the zoned purposes;

(5) The length of time the property has been vacant as zoned, considered in the context of land development in the vicinity;

(6) The need and demand for the change in uses allowed by a new zoning district;

(7) The extent to which the proposed amendment conforms to the comprehensive plan.

(G) Standards for text amendments. The wisdom of amending the text of this code is a matter committed to the legislative discretion of the City Council and is not dictated by any set standard. However, in determining whether a proposed amendment should be granted or denied, the City Council should be guided by the principle that its power to amend this code is not an arbitrary one, but one that may be exercised only when the public good demands or requires the amendment to be made. In considering whether that principle is satisfied in any particular case, the City Council should weigh the following factors, which the applicant is required to address:

(1) Potential impacts of the proposed text amendment on the overall zoning district purpose, value of impacted properties, or intent of a code section proposed for amendment;

(2) The extent to which the proposed amendment promotes the health, safety, morals or general welfare of the public;

(3) Relevant physical or market conditions that may have changed to make the proposed text amendment necessary for this chapter, and to be in keeping with the desirable development of the city;

(4) Amendments should be consistent with the city's comprehensive plan, official map, and all other plans and policies adopted by the city;

(5) The need and demand for the change in standards, and the extent to which uses of properties that may be relevant are diminished by the current zoning standards, and how those standards are no longer suitable for regulating development.

(H) Fees. Fees for applications and processes related to this section shall be as found in § 156.126, Fees.

(Ord. 21-016, passed 8-18-21)

§ 156.124 SPECIAL USES.

(A) Authority. The City Council may authorize, by ordinance, the establishment of special uses as designated in each of the zoning districts. All of the other applicable provisions of this chapter, including the requirements and restrictions of the zoning district in which the proposed special use is to be located, shall be applicable to the establishment and maintenance of the special use, unless the ordinance authorizing the establishment of the particular special use expressly provides otherwise. Subject to the standards contained in division (E), Standards for special uses, the City Council shall have authority to permit special uses as designated in each of the zoning districts as land, structure, or both, provided it finds that the proposed special use will comply with those standards. Unless otherwise indicated or stated, a special use shall apply only to the current owner and does not run with the land.

(B) Purpose. This chapter provides for an orderly arrangement of compatible buildings and land uses, and for the proper location of all types of uses affording for the social and economic welfare of the city. To advance this objective, some uses require particular consideration as to their proper location in relation to adjacent properties, orientation on a subject property, and compatibility with established or intended uses, or to the planned development of the community. These are classified as special uses.

(1) An application for a special use shall be filed with the Zoning Administrator. All submittals shall contain the information specified on the special use application form provided by the city or as deemed necessary by the Zoning Administrator.

(2) The completed application for special use shall be forwarded by the Zoning Administrator to the Plan and Zoning Commission (PZC) within 30 days. The Plan and Zoning Commission shall conduct a public hearing, and review and recommend to the City Council whether to approve or deny the special use application within 60 days.

(3) Following the hearing, the Plan and Zoning Commission shall transmit to the City Council a written report, giving its findings as to compliance of the proposed special use with the standards governing special uses, and giving its recommendations for action to be taken by the City Council.

(4) After receiving the recommendations and report of the Plan and Zoning Commission, the City Council may, within 30 days, review the recommendations and report. The City Council may accept the findings and recommendations of the Plan and Zoning Commission in whole or in part, it may reject them in whole or in part, or it may refer the matter back to the Plan and Zoning Commission for further consideration. However, the City Council must act within 270 days after receiving the Plan and Zoning Commission recommendation, unless otherwise agreed by applicant and the Zoning Administrator or the City Attorney.

(5) If a proposed special use application is rejected by the City Council, that application, or one substantially similar, may not be resubmitted within 12 months of the date of rejection by the City Council.

(6) Conditions. The Plan and Zoning Commission may recommend, and the City Council may impose such conditions or restrictions upon the location, construction, design and operation of a special use, as they shall respectively find necessary or appropriate to secure compliance with the standards set forth in division (E), Standards for special uses.

(D) Hearing and notice.

(1) The PZC shall hear the application for special use at a public hearing on an established meeting or other date it may set.

(2) Notification shall adhere to the published and written notice requirements as contained in § 156.120(E)(3), Notification requirements.

(3) The PZC may give any additional notice it deems appropriate to be provided, or has established through its established rules.

(4) Any party of interest may appear and be heard at the hearing in person, by an agent or by an attorney.

(E) Standards for special uses. A special use permit shall be granted only if evidence is presented to establish that:

(1) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility in the public interest, and will contribute to the general welfare of the neighborhood or community;

(2) The proposed building or use will not have a substantial adverse effect upon the adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare;

(3) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations;

(4) The other standards and criteria as are established by this chapter for particular special uses as set forth in district (G) below, and as applied to planned developments under §§ 156.140 et seq.

(F) Protest against a special use.

(1) A written protest regarding a proposed special use may be filed with the City Clerk, signed and acknowledged by property owners, individually or collectively, representing one or more of the following:

(a) Twenty percent of the block frontage on which a subject property is located;

(b) Twenty percent of the block frontage directly opposite a street from where the subject property is located; or

(2) Where a protest against a proposed special use has been properly filed and found valid by the Zoning Administrator, the amendment shall not be passed except by the favorable vote of two-thirds of all members of the City Council.

(3) Protests by such property owners shall be deemed valid only if all of the following are found:

(a) The protest is made only after an authorized representative of the affected property owner(s) has considered the evidence in the case;

(d) The protest is directly related to the evidence presented during the public hearing and upon which the Plan and Zoning Commission may base their respective findings of fact.

(G) Additional standards and criteria. In addition to other standards as may be required by the city code, no special use permit shall be granted for the uses listed below, unless evidence is presented to establish the standards and criteria specified in this division.

(1) Airports and heliports.

(a) The area shall be sufficient and the site otherwise adequate to meet the standards of the Federal Aviation Agency and the Illinois Department of Aeronautics for the class of airport or heliport proposed, in accordance with their published rules and regulations.

(b) Any building, hangar or other structure shall be at least 100 feet from any street or boundary line.

(c) There shall be an adequate number of off-street parking spaces at least equal to the number of hangar spaces plus tie-down spaces, plus spaces for accessory uses as established in §§ 156.090 et seq.

(2) Mobile homes. Mobile homes and mobile home parks shall be designed, developed, operated and maintained in accordance with Chapter 154.

(3) Drive-up facilities.

(a) Drive-up facilities shall provide a minimum vehicle-queuing space equal to four cars for each drive-up window. The queuing space shall not interfere with access, internal circulation generally, or circulation to required off-street parking or loading spaces, or with traffic movement on adjacent public streets or alleys.

(b) Loudspeakers used in connection with drive-up facilities shall be directed and modulated so as not to interfere with the privacy, use or enjoyment of adjacent residential property.

(4) Riding stables. Open or enclosed corrals or riding arenas shall not be located nearer than 500 feet to any residential zoning district or an existing dwelling other than the dwelling on the subject property, but not less than 100 feet from any property line on the subject property. Manure shall be disposed off-site.

(5) Contractor’s yards.

(a) All outdoor storage of equipment, material and supplies shall be completely screened from view from adjacent residential districts or public streets with a combination of fence, wall and landscaping equal to the height of the objects stored out of doors.

(b) Loudspeakers used in connection with contractor’s yards shall be directed and modulated so as not to interfere with the privacy, use and enjoyment of adjacent residential property.

(6) Car washes. In addition to providing sufficient on-site space for car detailing so as not to interfere with vehicle circulation on-site, on adjacent property, or on adjacent right-of-way, car washes shall provide the following minimum parking and queuing spaces:

(a) Self-service car washes shall provide two parking spaces, and vehicle-queuing spaces equal to four cars for each wash bay;

(b) Automatic car washes shall provide a minimum of six parking spaces, and vehicle-queuing spaces equal to 20 cars for each conveyor or robotic washing apparatus;

(c) An automatic car wash as an accessory use to a gas station shall provide a minimum vehicle-queuing spaces equal to six cars for each conveyor or robotic washing apparatus.

(7) Mining.

(a) The perimeter of the property or the area on which mining is located shall have an earthen berm of at least six feet in height, and landscaped to screen the mining operation and pit from the adjacent property and public right-of-way, unless other barriers exist that the city determines are adequate, or unless this requirement is modified pursuant to the grant of the special use. Landscaping shall consist of adequately-planted shrubbery and trees and shall be maintained to present a reasonably neat appearance.

(b) The perimeter of the property or the area on which mining is located shall be fenced with a six-foot-high, chain-link fence, either in front of or behind the berm, unless other barriers exist that the city determines are adequate, or unless such requirement is modified pursuant to the grant of the special use.

1. The use, handling and detonation of explosives (sometimes referred to as "blasting") in connection with the quarrying operations shall be under the direct supervision of persons having the requisite experience and knowledge to conduct such operations with safety. If such persons are hereafter required to be licensed by any federal agency or by the state or county, they shall meet the licensing requirements and obtain such license.

2. The storage of explosives shall be in accordance with all applicable federal and state laws and regulations, and shall be stored in magazines, buildings or structures that shall meet the safety requirements of such laws and regulations.

3. Blasting procedures shall be in accordance with modern techniques, generally accepted in the quarrying industry, whereby a shot shall consist of explosives fired or detonated in sequences of multiple delays at intervals of milliseconds, so as to counteract and reduce the ground motion or the ground vibrations from each successive detonation (sometimes referred to as "short-period delay blasting"). Blasting procedures shall be designed on the basis of maximum charge per delay (that it, the quantity of explosives in pounds per detonation) and distances in feet, so that the maximum ground vibration intensity shall not exceed 0.5 inches per second of ground particle velocity, resulting from any shot or blast, measured by any one of the three mutually perpendicular planes of ground motion, as recorded at the nearest existing building not owned by the property owner (or equivalent location if not feasible at the building).

4. Blasting procedures shall be subject to and comply with the applicable lawful requirements of the Illinois Pollution Control Board, the Illinois Department of Mines and Minerals, the Mine Safety and Health Administration (MSHA) of the United States Department of the Interior, and any other federal or state governmental agency having jurisdiction thereof.

5. Blasting procedures shall be in conformity with approved safety regulations, customs and practices generally accepted in the quarrying industry, and the safety regulations or governmental agencies having jurisdiction thereof.

6. Compliance with the provisions of these regulations governing blasting procedures and quarrying operations shall be subject to review and inspection from time to time by authorized city officials, upon reasonably prior notice and during reasonable business hours.

7. The actual detonation of any blasts will be restricted to the local time period between 1:00 p.m. and 4:30 p.m., Monday through Saturday of each week. No blasting shall take place on Sunday or on the following legal holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

(8) Unique uses. The petitioner shall have the burden of presenting clear and convincing proof that the unique use is justified and proper; and:

(a) Proof of special and extraordinary need for the unique use, which shall include proof of unique characteristics of the subject property, proposed use, and/or the neighborhood surrounding the subject property;

(b) Proof that the unique use will be of some affirmative benefit, from a land use and economic standpoint, to the surrounding properties and neighborhood;

(9) Planned developments. Planned developments are also subject to the standards and procedures set forth in §§ 156.140 et seq.

(10) Outdoor restaurant and/or bar permit (if located on the rooftop). An outdoor eating and/or drinking permit for eating and or drinking establishments within the Downtown Commercial District, with an outside area on the rooftop of the building, shall be subject to the following conditions:

(a) The rooftop area shall be associated with an establishment doing business within the principal building;

(b) The floor immediately below the rooftop area is occupied by a nonresidential use;

(c) If it is determined that the hours of operation of the outdoor area will not negatively impact the use and enjoyment of the neighboring properties, outdoor area activities (including music) may be allowed and shall not exceed the hours of operation for the principal use, excluding the sale of liquor, which may be further limited by the liquor license;

(d) Screening shall be provided, either with landscaping and/or a fence, based on the specific site circumstances. The City Council may waive or modify this requirement, based on specific site circumstances, in granting the special use permit;

(e) The main access to the rooftop patio shall be from the interior space of the business within the principal building;

(f) Any lighting fixtures shall be designed to effectively eliminate glare, and sharply cut off lighting levels at the property line. All lights associated with the rooftop patio must be turned off when the rooftop area is not in use;

(g) Complaints regarding outdoor eating and drinking permits will be investigated by the Police Department, and violations of the rules and regulations heretofore promulgated will result in citations and possible revocation of the rooftop patio permit;

(h) When there are sales and consumption of alcoholic beverages in the outdoor area, additional standards apply and it shall be licensed as set forth in § 111.09.

(11) Cargo container storage facilities or a cargo container maintenance facility shall be in keeping with standards and criteria for such facilities contained in § 156.026, Cargo Containers.

(12) Medical cannabis cultivation center.

(a) A cultivation center must comply with the Compassionate Use of Medical Cannabis Pilot Program Act (Public Act 098-0122), ILCS Ch. 410, Act 130, §§ 1 et seq., and all rules and regulations adopted in accordance thereto.

(b) A cultivation center may not be located within 2,500 feet of the property line of a preexisting public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part day child care facility, park, religious institution, library, or an area zoned for residential use.

(13) Medical cannabis dispensing organization.

(a) A dispensing organization must comply with the Compassionate Use of Medical Cannabis Pilot Program Act, and all rules and regulations adopted in accordance thereto.

(b) A dispensing organization may not be located within 1,000 feet of the property line of a preexisting public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part day child care facility, park, religious institution, or library.

(d) A dispensing organization may not share office space with a physician or refer patients to a physician.

(e) A dispensing organization’s ours of operation are limited to Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m.

(14) Secondhand retail store.

(a) Ancillary, donation-drop-off activities shall take place inside the building, with donators entering the building and leaving items with an employee.

(b) Donations are to be accepted during normal business hours as there are to be no donations accepted or left outside the facility after normal business hours.

(15) Automobile dealership, used high-end vehicles.

(a) All vehicles displayed outside on the property for sale shall be parked in parking spaces as striped, sized, allotted and allowed under this chapter. Vehicles obtained as trade-in vehicles may temporarily be maintained for no more than ten business days in the back of the property until properly restored to a good condition, sold or removed from the property. All other vehicles stored or displayed outside shall be in good condition with no visible damage, including but not limited to, rust, scratch, flat tire(s), cracked window(s) or chipping paint. No vehicle shall utilize a parking space reserved for persons with disabilities as defined under the Illinois Vehicle Code, unless it properly displays registration plates or decals issued to a person with disabilities.

(b) The parking requirement for motor vehicles sales is one parking space for each 300 square feet of floor area for employee and customer parking, and five parking spaces for each 1,000 square feet of floor area for outside vehicle display area; and ADA-accessible parking spaces in compliance with governing codes and regulations. The parking lot shall be designed in accordance with all city code requirements.

(d) This special use shall not run with the land; any transfer or sale of the property or the business shall require a public hearing and an affirmative approval from the City Council for its continuation.

(e) This use shall be subject to applicable screening, landscaping, buffering, setbacks and design standards as required by this chapter, and as deemed reasonably necessary by the Zoning Administrator to protect the character of the surrounding properties and the community.

(f) Minimum lot size and structure. In a C-2 Zoning District, the minimum lot size for this special use shall be greater than half an acre, with a minimum,1,500-square-foot structure for a sales office and/or show room. In a C-3 Zoning District, the minimum lot size for this permitted use shall be greater than one acre, with a minimum,3,000-square-foot structure for office or indoor-display use.

(16) Bed and breakfast.

(a) A bed and breakfast shall be located in a residential building containing not more than five lodging rooms.

(b) Room may be offered for rent to transient guests for a continuous period of 30 days or less.

(d) Food may be served only to overnight guests, exclusively between the hours of 5:00 a.m. and 10:00 a.m.

(17) Gas station.

(a) No inoperable vehicles shall be stored outside a building at any time.

(b) No overnight parking is allowed.

(d) Any building that contains vehicle repair, servicing and maintenance associated with a gas station is prohibited within 75 feet in any direction of any residential use district or lot containing a residential use, measured from the property line.

(e) When this use is located on a corner lot with access from both streets, it shall have no more than one full-movement access point per frontage. A controlled, right, in-and-out access point is allowed in addition to the full. When this use is located mid-block or with access from only one street, it shall have no more than two full-movement access points from that street, subject to approval of the authorities having jurisdiction of the road.

(f) For fueling-station canopies, all under-canopy lighting shall be recessed so that no light lens projects below the canopy ceiling. The canopy fascia shall not be internally illuminated.

(g) The special use of a gas station shall be located where vehicular access is only from a street designated as an arterial or major collector within 400 feet, measured from the property line that defines the corners of the intersection of:

1. 151st Street and Archer Avenue;

2. 143rd Street and Archer Avenue;

3. 159th Street and Farrell Road;

4. Bruce Road and Briggs Street;

5. Bruce Road and Gougar Road;

6. Cedar Road and 167th Street;

7. Cedar Road and 159th Street;

8. Thornton Street and 9th Street (Illinois Highway 71).

(h) The special use of a gas station shall be located where vehicular access is only from a street designated as an arterial or major collector within 1,000 feet, measured from the property line that defines the corners of the intersection of:

1. Interstate 355 and Archer Avenue;

2. Interstate 355 and 143rd Street;

3. Interstate 355 and 159th Street;

4. Interstate 355 and Bruce Road.

(i) All outdoor display of goods shall be kept within constructed enclosures or walled areas consistent with the materials and design of the principal structure.

(j) This use shall not be located (directly measured property line to property line):

1. Within 800 feet of another gas station or truck stop, to limit joined leakage and concentrated odors and exhaust;

2. Within 300 feet of an active public water supply well or storage location;

3. Within 100 feet of naturally-occurring surface water regulated by the local, state or federal government or a mapped 100-year floodplain.

(k) Any established gas station or gas stations with an approved concept plan for such development prior to October 20, 2021, shall be deemed to be in compliance with the special use conditions as set forth in division (G)(16) as long as the use has not lapsed.

(H) Fees. Fees for applications and processes related to this section shall be as found in § 156.126, Fees.

(Ord. 21-016, passed 8-18-21; Am. Ord. 21-032, passed 10-20-21)

§ 156.125 ZONING CERTIFICATION.

(A) Authority. Prior to review of any application for a building permit (or any application for an occupancy permit if no building permit is required), the Zoning Administrator shall determine that the application conforms with the regulations of this chapter, and certify as such on the building permit approval. Any application for a building permit that contains the information required by division (C) below shall be deemed to be an application for a zoning certification.

(B) Purpose. Implementation of city plans, policies and ordinances related to the built environment depends, in part, on compliance with city development regulations. This includes, but is not limited to, ensuring that land uses are located appropriately per the city zoning map, that parking and loading standards are met, and that zoning bulk standards are met. To support this objective, the zoning certification process ensures that property owners making improvements do so in a manner that is in keeping with the regulations of the city and do not adversely impact neighboring properties or the community at large. This process allows for consideration of such matters prior to commencement of construction and seeks to prevent owners from inadvertently undertaking construction contrary to the standards of this chapter.

(C) Zoning certification required. No building permit pertaining to the construction, remodeling, moving or reconstruction of any structure shall be issued by the city, unless an application for a building permit has been made to and a signature has been obtained from the Zoning Administrator.

(1) Applicable standards. The following standards shall apply to zoning certification, as well as others that may be specified in the city code:

(a) Construction, building, moving, remodeling or reconstruction of any structure shall not be commenced without valid zoning certification;

(b) Improvement of land preliminary to any use of the land shall not be commenced without valid zoning certification;

(c) Permits pertaining to the use of land or structures shall not be issued by any official, officer, employee, department, board or bureau of the city without valid zoning certification;

(d) Any zoning certification issued in conflict with the provisions of this chapter shall be null and void, unless previously approved by ordinance or as a condition of the permit.

(2) Application procedure for zoning certification. Every application for zoning certification shall be accompanied by the following:

(a) The certificate of a registered architect or registered structural engineer licensed by the state, or of an owner-designer, that the proposed construction, remodeling or reconstruction complies with all of the provisions of this chapter;

(b) A plat, in duplicate, of the piece or parcel of land, lot or lots, block or blocks, or parts or portions thereof, drawn to scale, showing the actual dimensions of the piece or parcel, lot or lots, block or blocks, or parts or portions thereof, according to the recorded plat of the land;

(c) A plot plan, in duplicate, drawn to scale, and in a form as may from time to time be prescribed by the Zoning Administrator, showing the locations, ground area, height and bulk of all present and proposed structures, drives and off-street parking and loading spaces, the building lines in relation to lot lines, waste disposal areas, the use to be made of present and proposed structures on the land, and other information as may be required by the Zoning Administrator for the proper enforcement of this chapter. One copy of the plat and the plot plan shall be retained by the Zoning Administrator as a public record;

(d) All applications for zoning certification for the construction, moving, remodeling or reconstruction of any structure to be located in an industrial district shall be accompanied by sufficient information to enable the Zoning Administrator to determine that there will be compliance with all of the applicable performance standards of § 156.072, Performance Standards, at all times. At the request of the Zoning Administrator, the applicant shall provide the following:

1. A description of the activity to be conducted, in sufficient detail to indicate the extent to which the proposed operation will produce waste products, conditions or external effects regulated or otherwise limited by § 156.072;

2. A description of the type and location of any abatement devices or recording instruments used to control or measure conformity with any of the standards set forth in § 156.072;

3. Any other data and certificates as may reasonably be required by the Zoning Administrator to reach a determination with respect to whether the proposed use or structure will comply with the requirements of § 156.072;

4. All information and evidence submitted in an application for zoning certification to indicate conformity with the performance standards set forth in § 156.072 shall constitute a certification and an agreement on the part of the applicant that the proposed structure or use can and will conform to such standards at all times.

(3) Zoning certification. Zoning certification shall be either issued or refused by the Zoning Administrator within 14 days of the receipt of an application, or within a further period of time as may be agreed to by the applicant, provided, however, the Zoning Administrator shall have 21 days to issue or refuse zoning certification on all applications, as required by division (C)(1) above. When the Zoning Administrator refuses to issue zoning certification, the applicant shall be advised in writing of the reasons for that refusal.

(4) Period of validity. Zoning certification shall become null and void six months after the date on which it is issued unless construction, moving, remodeling or reconstruction of a structure is commenced and progressing, or a use is commenced within that six-month period.

(D) Occupancy certificate required. No structure or addition constructed, moved, remodeled or reconstructed after the effective date of this chapter shall be occupied or used for any purpose, and no land vacant on the effective date of this chapter shall be used for any other use, unless an occupancy certificate shall first have been obtained from the Zoning Administrator, certifying that the proposed use or occupancy complies with all the provisions of this chapter.

(1) Application for an occupancy certificate.

(a) General requirement. Every application for an occupancy certification for a new or changed use of land or structures, where no zoning certification is required, shall be filed with the Zoning Administrator, and be in such forms and contain information as the Zoning Administrator shall provide.

(b) Application for occupancy certificates for industrial uses. All applications for an occupancy certificate for any use to be located in an industrial district, where no zoning certification is required, shall be accompanied by sufficient information to enable the Zoning Administrator to determine that there can and will be compliance at all times with all applicable performance standards of § 156.072. At the request of the Zoning Administrator, the applicant shall provide such information as is specified in division (C)(2)(d) above.

(2) Issuance of an occupancy certificate.

(a) No occupancy certificate for a structure or addition constructed, moved, remodeled or reconstructed after the effective date of this chapter, shall be issued until such work has been completed, including off-street parking and loading spaces, and the premises has been inspected by the Building Inspector and determined to be in full and complete compliance with the plans and specifications upon which the issuance of the zoning certification was based. Any modifications from the approved plan must be remedied prior to zoning certification being issued.

(b) No occupancy certificate for a new use of any construction or land shall be issued until the premises has been inspected by the Zoning Administrator, or their designee, and determined to be in full and complete compliance with all the applicable regulations for the zoning district in which it is located.

(c) An occupancy certificate shall be issued, or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, within 14 days of the receipt of an application therefor, or after the Zoning Administrator is notified, in writing, that the structures or premises are ready for occupancy, provided, however, that the Zoning Administrator shall have 21 days to issue or refuse an occupancy certificate on all applications required to comply with the provisions of division (C)(2)(d).

(3) Conditional occupancy certificate.

(a) In no event shall a conditional occupancy certificate be issued from March 15 to December 1 of each year when weather conditions allow for completion of exterior improvements as determined by the city's Director of Public Works.

(b) When weather conditions do not allow for the completion of exterior improvements, the city agrees to issue conditional occupancy certificates (commonly known as temporary occupancy certificates) upon the completion of temporary winter lot improvements, which shall consist of a temporary stone driveway and apron consisting of compacted CA6 stone.

(c) A sidewalk across the frontage of a residential lot shall not be considered a temporary winter lot improvement and shall not be required for the issuance of a conditional occupancy certificate.

(d) Prior to the issuance of any conditional occupancy certificates, the developer shall deposit with the city:

1. Bond(s) or other acceptable surety in amounts as determined by the city's Director of Public Works to secure completion of outstanding private improvements the following spring; and

2. An executed indemnification by the owner in a form approved by the City Attorney for each residential building for which a conditional occupancy certificate has been requested.

(e) The bonds shall be individual bonds for each unit, and cash bonds shall not be required.

(f) No such certificate of occupancy shall be issued unless the Director of Public Works approves of the issuance of the conditional occupancy certificate, and unless the developer provides a schedule by March 10 for the completion of all outstanding items for the city's Director of Public Works to consider.

(g) If so approved by the Director of Public Works, the developer shall meet the time frame as set forth within schedule or the city shall have the right to pull the individual lot bond as defined in this division.

(E) Fees. Fees for applications and processes related to this section shall be as found in § 156.126, Fees.

(Ord. 21-016, passed 8-18-21)

§ 156.126 FEES.

(A) Application fee notes for Plan and Zoning Commission variation from the requirements of this chapter. If an applicant is applying for the variation within 90 days of an administrative variation being denied for the same request, and all fees were paid in full for the administrative variation, then the fee charged is the cost of a Plan and Zoning Commission variation, less the fee paid for the administrative variation, provided the scope of the variation has not been expanded and no additional relief is requested.

(B) Staff review fee. Upon presentation for an application for rezoning or special use, the applicant shall pay a non-refundable staff review fee in the following amount:

TO VIEW FEES TABLE IN PDF FORMAT CLICK HERE

(C) Reimbursement of city costs. In addition to the above fees for amendment and special use (including PUDs) applications, the applicant shall be obligated to reimburse the city for any fees incurred by the city for mailing and copying, legal advertising costs, or hiring professional consultants (legal, engineering, land planning, financial or other professional consultants) that may be required in the review of the application. In variation cases, if the fees stated above exceed the amount charged by the application fee, the applicant shall be obligated to reimburse the city.

(1) A 15% fee of the total charges shall be added as an administrative fee.

(2) All proceedings in connection with a rezoning, a special use permit, a planned development, or a variation shall be stayed until such sum so designated is submitted to the city as required.

(3) All proceedings with regard to a rezoning, a special use permit, a planned development, or variation shall be stayed until subsequent requests for payment of fees shall be submitted.

(4) Any request or subsequent demand of the city not paid by the applicant within ten days of the date of the demand shall, at the discretion of the City Council and upon written notice to the applicant, terminate and render null and void the proposed rezoning, special use permit, planned development, or variation application.