(a)

Outline of procedure. The subdivision procedure involves three principal steps: 1) sketch plan, 2) preliminary plat, and 3) final subdivision plat.

(b)

Coordination of planned development application with subdivision approval. It is the intent of these regulations that subdivision review be carried out simultaneously with the review of planned unit development applications under this Code. The plans required for planned development applications shall be submitted in a form to satisfy the requirements of the subdivision regulations.

(Ord. No. 2750, § 2, 11-17-97)

(a)

Application procedure and requirements. Before preparing the sketch plan for a subdivision, the applicant shall schedule an appointment and meet with the plat officer to discuss the procedure for approval of a subdivision plat and also the requirements as to site design, infrastructure improvements, the reservation of land, the availability of existing services, and any other factors so designated in Article V of this development ordinance. The plat officer shall also advise the applicant, when appropriate, to discuss the proposed subdivision with those officials who must eventually approve those aspects of the subdivision plat coming within their jurisdiction.

(b)

Contents of application.

(1)

General subdivision information shall describe or outline the existing condition of the site and the proposed development as necessary to supplement the drawings required below. This information may include data on existing covenants, land characteristics, and available community facilities and utilities; and information describing the subdivision proposal; such as number of residential lots, typical lot width and depth, price range, proposed protective covenants and proposed utilities and street improvements.

(2)

A location map shall show the relationship of the proposed subdivision to existing community facilities which serve or influence it. Include development name and location; existing main traffic arteries; title; scale; north arrow and date.

(3)

The sketch plan shall show in simple sketch form the proposed layout of streets, lots, infrastructure and other features relating to existing conditions. The sketch plan may be a freehand pencil sketch, but shall include such data as the plat officer determines is necessary for his consideration of the proposed sketch plan.

(Ord. No. 2750, § 2, 11-17-97)

(a)

Application procedure and requirements.

(1)

Following the submission of a sketch plan as described in section 17-182, above, the subdivider shall cause to be prepared a preliminary plat, together with improvement plans and other supplementary material as specified in subsection (b) of this section. The preliminary plat shall be prepared by a land surveyor licensed in the State of Illinois and shall comply in all respects with the sketch plan.

(2)

Four copies of the preliminary plat and supplementary material specified shall be submitted to the plat officer with written application for preliminary plat approval at least ten days prior to the meeting at which it is to be considered.

(b)

Contents of application.

(1)

Existing conditions. The preliminary plat shall be at a scale not smaller than 100 feet to one inch and shall show all existing conditions as follows:

a.

Boundary line: Bearings and distances.

b.

Easements: Location, width and purpose.

c.

Streets on and adjacent to the tract: Name and right-of-way width and location; type, width and elevation of surfacing; and centerline elevations; walks, curbs, gutters, culverts, etc.

d.

Utilities on and adjacent to the tract: Location, size, and invert elevation of sanitary, storm and combined sewers, location and size of water mains; location of gas lines, fire hydrants, electric and telephone poles, and streetlights; if water mains and sewers are not on or adjacent to the tract, indicate the direction and distance to, and size of nearest ones, showing invert elevation of sewers.

e.

Ground elevations on the tract, based on the datum plane approved by the plat officer, shown at one foot intervals.

f.

Subsurface conditions on the tract, if required by the plat officer: Location and results of tests made to ascertain subsurface soil, rock and groundwater conditions; depth to groundwater unless test pits are dry at a depth of five feet; location and results of soil percolation tests, if individual sewage disposal systems are proposed in conformance with Article 5, Division 5.

g.

Other conditions on the tract: Watercourses, marshes, wooded areas, isolated preservable trees one foot or more in diameter, houses, barns, shacks, and other significant features.

h.

Other conditions on adjacent land: Approximate directions and gradient of ground slope, including any embankments or retaining walls; character and location of buildings, railroads, power lines, towers and other nearby nonresidential land uses or adverse influences; owners of adjacent unplatted land. For adjacent platted land refer to subdivision plat by name; recordation date, and number.

i.

Zoning on and adjacent to the tract.

j.

Proposed public improvements: Highways or other major improvements planned by public authorities for future construction on or near the tract.

k.

Title and certificates: Present tract designation according to official records in office of recorder; title under which proposed subdivision is to be recorded, with names and addresses of owners, notation stating acreage, scale, north arrow, datum, benchmarks, certification of registered surveyor, date of survey.

(2)

Proposed improvements. In addition to the existing conditions required in subsection (1), the preliminary plat shall be accompanied by preliminary plans including the following:

a.

Streets: names; right-of-way and pavement width; approximate grades and gradients; similar data for alleys, if any.

b.

Sidewalks: location and width.

c.

Other rights-of-way or easements; location, width and purpose.

d.

Location of proposed utilities, if not shown on other exhibits.

e.

Lot lines, lot numbers and block numbers.

f.

Sites, if any, to be dedicated for parks, playgrounds, or other public uses.

g.

Sites, if any, for multifamily dwellings, shopping centers, churches, industry or other nonpublic uses exclusive of single-family dwellings.

h.

Minimum building setback lines.

i.

Site data, including number of residential lots, typical lot size, and acres in parks, etc.

j.

Title, scale, north arrow, and date.

k.

Profiles showing existing ground surface and proposed street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision typical cross sections of the proposed grading; roadway; and preliminary plan of proposed sanitary and stormwater sewers with grades and sizes indicated. Ml elevations shall be based on a datum plane approved by the plat officer.

(3)

Other permits and certificates. For plats that will be installing individual septic systems, a letter shall be required which shall be signed by the health department and which shall certify that the applicable land is suitable for septic systems.

(4)

Existing covenants and restrictions. The plat may be accompanied by a draft of the restrictive covenants (if any) whereby the subdivider proposes to regulate land use in the subdivision and otherwise protect the proposed development.

(c)

Preliminary plat approval.

(1)

The commission shall approve, conditionally approve, or disapprove the preliminary plat within 40 days from the official submission date. If the approval is a conditional approval, the commission shall state the necessary conditions. If the plat is disapproved, the commission shall express the reasons for the disapproval. Before the commission approves a preliminary plat showing park reservation or land for ether city use that is proposed to be dedicated to the city, the commission shall obtain approval of the park or land reservation from the Macomb Park District. If the planning commission disapproves the proposed subdivision, the applicant may execute an appeal pursuant to Article IV, Division 10, Appeals.

(2)

The plat officer shall note on two copies of the preliminary plat the action of the commission, the date of approval, conditional approval, or disapproval; and the reasons therefore. One copy shall be returned to the subdivider and the other retained by the plat officer.

(3)

Approval of the preliminary plat shall not constitute approval of the final plat. Rather it shall be deemed an expression of approval to the layout submitted on the preliminary plat as a guide to the preparation of the final plat which will be submitted for approval of the city council and for recording upon fulfillment of the requirements of these regulations and the conditions of the conditional approval, if any.

(d)

Standards for approval of preliminary plats. No preliminary plat of a proposed subdivision shall be approved by the planning commission unless the applicant proves by reasonable evidence that:

(1)

Definite provision has been made for a water supply system that is sufficient in terms of quantity, dependability, and quality to provide an appropriate supply of water for the type of subdivision proposed;

(2)

If a public sewage system is proposed, adequate provision has been made for such a system and, if other methods of sewage disposal are proposed, that such systems will comply with federal, state, and local laws and regulations;

(3)

All areas of the proposed subdivision which may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the subdivider and that the proposed uses of these areas are compatible with such conditions;

(4)

The subdivider has the financial ability to complete the proposed subdivision in accordance with all applicable federal, state, and local laws and regulations;

(5)

The proposed subdivision will not result in the scattered subdivision of land that leaves undeveloped parcels of land lacking urban services between developed parcels;

(6)

The subdivider has taken every effort to mitigate the impact of the proposed subdivision on public health, safety, and welfare.

The planning commission is authorized to disapprove the preliminary plat even though the land proposed for subdivision is zoned for the use to which the proposed subdivision will be put and the proposed use is consistent with the comprehensive plan.

(e)

Effective period of preliminary plat approval. If a final subdivision plat is not submitted for approval within one year from the approval date of the preliminary plat, the applicant may be required to submit a new plat for review subject to this development ordinance as it may hereafter be amended.

(f)

Amendments to preliminary plats. At any time after preliminary plat approval, and before submission of a final plat, the applicant may request of the plat officer that an amendment be made in the approval or conditional approval of the preliminary plat. Under regulations established by the planning commission, the plat officer may agree to proposed amendments that are deemed to be minor. If the proposed amendment is major, the planning commission shall hold a public meeting on the proposed major amendment in accordance with the same requirements for preliminary plat approval found in this section 17-183 of this chapter. Any public meeting on a proposed major amendment shall be limited to whether the proposed major amendment should or should not be approved. The commission shall approve or disapprove any proposed major amendment and may make any modifications in the terms and conditions of preliminary plat approval reasonably related to the proposed amendment. If the applicant is unwilling to accept the proposed major amendment under the terms and conditions required by the commission, the applicant may withdraw the proposed major amendment. A major amendment shall include, but is not limited to any amendment that results in or has the effect of: 1) decreasing open space in the subdivision by ten percent or more, or 2) increasing density in the subdivision by ten percent or more. The commission shall render a decision on the proposed major amendment within 30 days after the meeting, including any adjourned session, was closed.

(Ord. No. 2750, § 2, 11-17-97)

(a)

Application procedure and requirements.

(1)

The final plat shall conform substantially to the preliminary plats approved, and,

(2)

If desired by the subdivider, the final plat may constitute only that portion of the approved preliminary plat which he proposes to record and develop at the time, provided, however, that such portion conforms to all requirements of these regulations.

(3)

Four copies of the final plat any other exhibits required for approval shall be prepared as specified in subsection (b) of this section, and shall be submitted to the plat officer within 12 months after approval of the preliminary plat. Extensions of time may be approved by the plat officer for just cause. The plat officer shall transmit the final plat application to the planning commission at least 15 days prior to the meeting at which it is to be considered.

(b)

Contents of application. The final plat shall be prepared by a land surveyor licensed in the State of Illinois and shall include the following:

(1)

Final plat, drawn in ink on Mylar, at a scale of 100 feet to one inch or larger. Where necessary, the plat may be on several sheets accompanied by an index sheet showing the entire subdivision. For large subdivisions the final plat may be submitted for approval progressively in contiguous sections satisfactory to the plat officer. The final plat shall show the following:

a.

Primary control points, approved by the plat officer or descriptions and "ties" to such control points, to which all dimensions, angles, bearings, and similar data on the plat shall be referred.

b.

Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way, and property lines of residential lots and other sites; with accurate dimensions, bearings or deflection angles, and radii arcs, and central angles of all curves. Reference to at least one previously established section corner shall be given.

c.

Name and right-of-way width of each street or other rights-of-way.

d.

Location, dimensions and purpose of any easements.

e.

Number to identity each lot or site.

f.

Purpose for which sites, other than residential lots, are dedicated.

g.

Minimum building setback line on all lots and other sites.

h.

Location and description of monuments.

i.

Names of recorded owners of adjoining unplatted land.

j.

Reference to recorded subdivision plats of adjoining platted land by record name, date and number.

k.

Certification by surveyor or engineer certifying to accuracy of survey and

l.

Certification of title showing that applicant is the land owner.

m.

Statement by owner dedicating streets, right-of-way and any sites for public uses. A notary's certificate is required.

n.

Title, scale, north arrow and date.

o.

Certificate as given in section 302[203], paragraph (d).

(2)

Complete plans of all public improvements prepared by an engineer licensed in the State of Illinois.

(3)

Cost estimates of all public improvements prepared by an engineer licensed in the State of Illinois.

(4)

A certificate by the city engineer certifying that the subdivider has complied with the schedule of minimum required utilities and street improvements.

(5)

Certificate by the plat officer certifying that he approved the plat.

(6)

Restrictive covenants (if any) in form for recording.

(7)

Prints: Five black line prints and one mylar of the final plat shall be furnished by the subdivider to the plat officer for his records and for distribution to appropriate county and city officials.

(8)

Other data: Such other certificates, affidavits, endorsements, or deductions as may be required by the plat officer in enforcement of these regulations.

(c)

Determination and effect.

(1)

The commission shall approve, conditionally approve, or disapprove the final plat within 40 days from the date of the first regular planning commission meeting following submittal of the final plat.

(2)

One copy of the final subdivision plat shall be returned to the applicant with the date of approval or disapproval noted on the flat, and, if the plat is disapproved, the reasons for disapproval accompanying the plat.

(d)

Appeal in the event of disapproval. If the planning commission disapproves the final plat, the applicant may appeal in the manner prescribed in Article IV, Division 10, Appeals.

(Ord. No. 2750, § 2, 11-17-97)

(a)

Improvements and subdivision improvement agreement.

(1)

Completion of improvements. Before the final subdivision plat is signed by the plat officer, all applicants shall be required to complete, in accordance with the planning commission's decision and to the satisfaction of the city engineer, all the street, sanitary and other public improvements, including lot improvements on the individual lots of the subdivision, as required in these regulations, specified in the final subdivision plat and as approved by the planning commission, and to dedicate those public improvements to the city, free and clear of all liens and encumbrances on the dedicated property and public improvements.

(2)

Subdivision improvement agreement and guarantee.

a.

Agreement. The city council in its sole discretion may waive the requirement that the applicant complete and dedicate all public improvements prior to approval of the final subdivision plat and, as an alternative, permit the applicant to enter into a subdivision improvement agreement by which the subdivider covenants to complete all required public improvements no later than two years following the date on which the plat officer signs the final subdivision plat. The applicant shall maintain each required public improvement until acceptance by the governing body of the dedication of that completed public improvement and also shall warrant that all required public improvements will be free from defect for a period of two years following the acceptance by the governing body of the dedication of the last completed public improvement. The subdivision improvement agreement shall contain such other terms and conditions agreed to by the applicant and the planning commission.

b.

Covenants to run. The subdivision improvement agreement shall provide that the covenants contained in the agreement shall run with the land and bind all successors, heirs, and assignees of the subdivider. The subdivision improvement agreement will be adopted by the city council, pursuant to applicable state and local laws and shall be recorded in the Clerk and Recorder's Office of McDonough County.

c.

Security. Whenever the city council permits an applicant to enter into a subdivision improvement agreement, it shall require the applicant to provide a letter of credit or cash escrow as security for the promises contained in the subdivision improvement agreement. Either security shall be in an amount equal to 120 percent of the estimated cost of completion of the required public improvements. The issuer of the letter of credit or the escrow agent, as applicable, shall be acceptable to the planning commission.

(1)

Letter of credit. If the applicant posts a letter of credit as security for its promises contained in the subdivision improvement agreement, the credit shall (1) be irrevocable; (2) be for a term sufficient to cover the completion, maintenance and warranty periods in section 17-185(a)(2)a.; and (3) require only that the government present the credit with a sight draft and an affidavit signed by the city attorney attesting to the municipality's right to draw funds under the credit.

(2)

Cash escrow. If the applicant posts a cash escrow as security for its promises contained in the subdivision improvement agreement, the escrow instructions shall provide: (1) that the subdivider will have no right to a return of any of the funds except as provided in section 17-185(b)(2)b.; and (2) that the escrow agent shall have a legal duty to deliver the funds to the municipality whenever the city attorney presents an affidavit to the agent attesting to the municipality's right to receive funds whether or not the subdivider protests that right. If and when the city accepts the offer of dedication for the last completed required public improvement, the city shall execute a waiver of its right to receive funds represented by the letter of credit or cash escrow if the subdivider is not in breach of the subdivision improvement agreement. The residual funds shall be security for the subdivider's covenant to maintain the required public improvements and its warranty that the improvements are free from defect.

(3)

Temporary improvement. The applicant shall build and pay for all costs of temporary improvements required by the city council and shall maintain those temporary improvements for the period specified by the council. Prior to construction of any temporary facility or improvement, the developer shall file with the city a separate subdivision improvement agreement and a letter of credit or cash escrow in an appropriate amount for temporary facilities, which agreement and credit or escrow shall ensure that the temporary facilities will be properly constructed, maintained, and removed.

(4)

Failure to complete improvement. For subdivisions for which no subdivision improvement agreement has been executed and no security has been posted, if the improvements are not completed within the period specified by the city council in the resolution approving the plat, the sketch plan or preliminary plat approval shall be deemed to have expired. In those cases where a subdivision improvement agreement has been executed and security has been posted and required public improvements have not been installed within the terms of the agreement, the city may then: (1) declare the agreement to be in default and require that all the improvements be installed regardless of the extent of the building development at the time the agreement is declared to be in default; (2) suspend final subdivision plat approval until the improvements are completed and record a document to that effect for the purpose of public notice; (3) obtain funds under the security and complete improvements itself or through a third party; (4) assign its right to receive funds under the security to any third party, including a subsequent owner of the subdivision for which improvements were not constructed, in whole or in part, in exchange for that subsequent owner's promise to complete improvements in the subdivision; (5) exercise any other rights available under the law.

(b)

Inspection of improvements.

(1)

General procedure and fees. Required improvements shall be inspected during construction and ensure their satisfactory completion. The applicant shall pay to the municipality an inspection fee pursuant to the fee schedule presented in chapter 24, and where the improvements are completed prior to final plat approval, the subdivision plat shall not be signed by the city clerk unless the inspection fee has been paid at the time of application. Where the improvements are not completed prior to final plat approval, no building permits or certificates of occupancy shall be issued until all fees are paid. If the city engineer finds upon inspection that any one or more of the required improvements have not been constructed in accordance with the municipality's construction standards and specifications, the applicant shall be responsible for properly completing the improvements.

(2)

Release or reduction of security.

a.

Certificate of satisfactory completion. The governing body will not accept dedication of required improvements nor release nor reduce the amount of any security posted by the subdivider until the city engineer has submitted a certificate stating that all required improvements have been satisfactorily completed.

b.

Reduction of security. If the security posted by the subdivider was a cash escrow or letter of credit, the amount of that security shall be reduced upon actual acceptance of the dedication of public improvements and then only to the ratio that the cost of the public improvement for which dedication was accepted bears to the total cost of public improvements for the subdivision. Funds held in the escrow account shall not be released to the subdivider, or letters of credit shall not be released to the subdivider, in whole or in part, except upon express written instructions of the city attorney.

(c)

Deferral or waiver of required improvements.

(1)

The city council may defer or waive at the time of final approval, subject to appropriate conditions, the provision of any or all public improvements as, in its judgment, are not requisite in the interests of the public health, safety, and general welfare, or which are inappropriate because of the inadequacy or in existence of connecting facilities. Any determination to defer or waive the provision of any public improvement must be made on the record and the reasons for the deferral or waiver also shall be expressly made on the record.

(2)

Whenever it is deemed necessary by the city council to defer the construction of any improvement required under these regulations because of incompatible grades, future planning, inadequate or nonexistent connecting facilities, or for other reasons, the subdivider shall pay his share of the costs of the future improvements to the city prior to signing of the final subdivision plat by the plat officer, or the developer may execute a separate subdivision improvement agreement secured by a letter of credit guaranteeing completion of the deferred improvements upon demand of the city.

(Ord. No. 2750, § 2, 11-17-97; Ord. No. 08-32, § 4, 7-7-08)

(a)

Submission and review. Subsequent to the resolution of the planning commission, four paper copies of the subdivision plat and construction plans, and one copy of the original of the subdivision plat on mylar shall be submitted to the plat officer for final review. A check payable to the county clerk and recorder in the amount of the current filing fee shall be provided. No final approval shall be endorsed on the plat until a review has indicated that all requirements of the resolution have been met.

(b)

Official certificate. The final plat shall bear the following certificate:

State of Illinois ___________)

___________)SS.

County of McDonough) I, ___________, Clerk of the City of Macomb, McDonough County, Illinois, do hereby certify that this plat was duly approved and accepted by the Mayor and City at a meeting held on the ________ day of ___________, 19___.

___________

City Clerk

(c)

General requirement.

(1)

Within 50 days after the approval of the final plat by the city council, the plat shall be signed by the plat officer and city clerk.

(2)

Within ten days after the plat has been signed, said plat, along with other such legal documents as shall be required to be recorded, shall be filed with the McDonough County recorder, and if not so filed, shall have no validity and shall not be recorded without recertification by the city clerk and reapproval by the city council.

(d)

Conditions for signing and recordation of plats.

(1)

When a subdivision improvement agreement and security are required, the chairman of the planning commission and the community development coordinator shall endorse approval on the final plat only after the agreement and security have been approved by the planning commission, and all the conditions of the resolution pertaining to the final plat have been satisfied.

(2)

When installation of improvements is required prior to recordation of the final plat, the chairman of the planning commission and community development coordinator shall endorse approval on the final plat only after all conditions of the resolution have been satisfied and all improvements satisfactorily completed. There shall be written evidence that the required public facilities have been installed in a manner satisfactory to the city as shown by a certificate signed by the city engineer and city attorney stating that the necessary dedication of public lands and improvements has been accomplished.

(Ord. No. 2750, § 2, 11-17-97)

(a)

Purpose. The purpose of this section is to establish the procedures and requirements for minor subdivisions and certificates of exemption.

(b)

Intent of minor subdivision. The intent of the administrative subdivision is to eliminate the requirement that all subdivision plats be approved by the city council under the following circumstances:

(1)

The subdivision involves only a minor change in the configuration of land.

(2)

The subdivision will not likely impact surrounding property in a manner significantly different than if the property had not been subdivided.

(3)

The subdivision otherwise conforms to all other applicable regulations.

(Ord. No. 14-51, § 2, 12-1-14)

A minor subdivision is a division of land into two or fewer lots:

(a)

Which does not require, under these regulations, the design or construction of any public improvements, provided that if all required public improvements are in existence but do not meet current design standards, the community development coordinator and public works director, or their designees, may approve a waiver of the design standards;

(b)

Which is in conformity with the comprehensive plan and zoning ordinance of the City or Macomb;

(c)

Which is otherwise in conformity with all applicable laws and regulations unless previously waived by the entity with jurisdiction; and

(d)

Which is located within the city or is otherwise under an annexation agreement which requires future annexation to the City of Macomb.

(Ord. No. 14-51, § 2, 12-1-14)

(a)

Presubmission. Before submitting an application for a minor subdivision the applicant shall schedule an appointment with the community development coordinator, or said designee, to discuss the procedure for approval and all requirements that may apply.

(b)

Submittal. The subdivider shall submit a complete application for minor subdivision approval, together with all required documents and the subdivision review fee. The application shall be in the form as approved by the community development coordinator and the minor plat shall be in the form and with the contents specified as follows:

General Provisions:

(1)

The minor plat shall show reasonable conformity to the preliminary plat.

(2)

A three-inch × three-inch vertical blank space shall be provided in the upper right hand corner of all subdivision plats that are to be recorded, i.e. final plats, minor plats, replats, etc.

(3)

Name of subdivision.

(4)

Names, signatures and addresses of the property owner, developer or subdivider, engineer and land surveyor.

(5)

If the owner is a land trust then the beneficial owners and their percentage interests shall be disclosed in accordance with state statutes. This information must be submitted with the application, but does not have to appear on the face of the plat.

(6)

Standard engineering scale (not greater than 1 in. = 100 ft.). Standard Engineering Scale shall be one of the following: 1 in. = 10 ft.; 1 in. = 20 ft.; 1 in. = 30 ft.; 1 in. = 40 ft.; 1 in. = 50 ft.; 1 in. = 60 ft.; 1 in. = 100 ft. (Note: The plat shall be drawn at such a scale and limited to essential information such that it will be readable and uncluttered.)

(7)

North arrow.

(8)

Date of preparation, including most recent revision.

(9)

The location of the subdivision expressed in each of the following ways:

a.

By quarter section, section, township, range, county and state;

b.

By distances and bearings from the astronomic or assumed north with reference to a corner or corners established in the United States Public Land Survey System; and

c.

By a graphically depicted and a written legal description of the exterior boundaries of the subdivision.

(10)

The description and location of all survey monuments.

(11)

Survey data sufficient to reproduce any line or re-establish any monument in the subdivision.

(12)

All highways, streets, alleys, blocks, lots, parcels, public grounds, easements and rights-of-way within, or adjacent to, the subdivision and all required access control zones. Proposed street names shall be coordinated with the city clerk, and if necessary any additional city personnel.

(13)

The length of all boundary lines of all streets, blocks, lots, public grounds, easements, rights-of-way and information sufficient to derive the length of these lines. Where the boundary line is an arc of a circle, the radius and the length of the are shall be shown. All dimensions shall be shown to hundredths of a foot, except in the case of riparian boundaries, which may be shown to the nearest foot.

(14)

The width of all rights-of-way and easements adjacent to, impacting or serving the subdivision and all detention basins within an adequate distance, as defined by the community development coordinator and public works director.

(15)

Floodplain information if applicable.

(16)

Easements or lands dedicated to the public for channel maintenance purposes.

(17)

Lot numbers shall be consecutive and contain a minimum of three digits, with alphabetic extensions as necessary, in subdivisions that contain more than one phase.

(18)

A proposed addressing scheme shall be shown on the plat for all platted lots. The street addresses shall be assigned by the city clerk.

(19)

The following notation:

"The property subdivided is within the corporate limits of the City of Macomb," or "The property subdivided is within 1-1/2 miles of the corporate limits of the City of Macomb."

(20)

An owner's certificate, stating that the owner of the land described in the attached plat is the sole owner of the land and has caused the land to be surveyed. The owner's certificate shall be dated and signed by the owner or the duly authorized attorney and notarized. The owner's certificate may be shown on the face of the plat or attached thereto.

(21)

The surveyor's certificate prepared in accordance with 765 ILCS, as amended and as may hereinafter be amended, including the surveyor's seal and statement that all monuments are set as shown. The surveyor's certificate shall be shown on the face of the plat.

(22)

The location of all public improvements required by the regulations and a statement that the improvements do meet current design standards, or if they do not, the extent to which the improvements do not meet current design standards.

(23)

The minor subdivision plat shall also include the following signature block:

APPROVED:

Approval of the minor subdivision plat is hereby recommended under the authority as granted by the City Council of the City of Macomb.

Date:_______By: _____

Community Development Coordinator

Date:_______By: _____

Public Works Director

Date:_______By: _____

Mayor

Date:_______By: _____

City Clerk

(c)

Conditional approval. The owner may designate in the application that he/she seeks conditional approval of the minor subdivision subject to the design and construction required public improvements only as specified by the owner. Such public improvements shall be noted on the plat and included in the application as planned for construction. Construction plans for the improvements shall be submitted with the plat.

(d)

Subsidiary drainage plat. The owner shall submit with the minor plat a "Subsidiary Drainage Plat" in accordance with the Plat Act, 765 ILCS 205/0.01 et. seq., as amended from time to time.

(Ord. No. 14-51, § 2, 12-1-14)

(a)

Internal distribution. The community development coordinator shall distribute, within five working days of receipt of a complete application for minor subdivision approval and all required documents, a copy of the application and minor subdivision plat or affidavit for certificate of exemption to the public works director, the building inspector and the city attorney.

(b)

Outside distribution. The community development coordinator shall forward copies of the minor plat to the agencies to whom the community development coordinator distributes preliminary plats, as necessary, unless written approval from such entity is submitted with the application. Outside agencies shall submit written comments within ten working days of receipt unless granted a longer period by statute or the community development coordinator.

(c)

Public notice. The community development coordinator or their designee shall post a sign on the property subject to the application for minor subdivision approval within one business day of receiving the application. The sign is to be posted in a location where it shall be conspicuous and viewable to the public and shall designate the property as being subject to a pending application for minor subdivision with the City of Macomb. If 70 percent of the record property owners of property within 250 feet of the subject property sign a petition as provided by the office of building and zoning objecting to the proposed minor subdivision and submit this petition to the community development coordinator within 14 days of the posting of the sign then the minor subdivision application shall be denied and the application shall be subject to the Chapter 17, Article IV, Division 1 Subdivision Procedure.

(Ord. No. 14-51, § 2, 12-1-14)

(a)

Time for approval. The Community development coordinator, with concurrence from public works director shall approve or disapprove the minor subdivision plat and the city attorney shall approve the form of the owner's certificate within 30 working days, or such extended period as may be required for approval by other entities, of the receipt of a complete application for minor subdivision approval, all required documents and subdivision fee. If it is not approved within this time period, unless the applicant requests that action be delayed, the minor subdivision shall be deemed to have been disapproved. If a minor subdivision is not approved, the community development coordinator should notify the owner in writing within seven days of denial.

(b)

Approval. When the community development coordinator, with concurrence from public works director finds that the minor subdivision plat meets the criteria for a minor subdivision set forth in these regulations for a minor subdivision and the fees have been paid, then the community development coordinator shall approve the minor subdivision plat. The signature of the community development coordinator, public works director, mayor and city clerk on the plat shall be evidence of these approvals.

(c)

Length of time approval valid. Unless the minor subdivision plat has been recorded within 90 days of final written approval with the McDonough County Recorder's Office, the approval shall be null and void.

(Ord. No. 14-51, § 2, 12-1-14)

(a)

Conditional approval. If the community development coordinator, with concurrence from public works director, finds that the minor subdivision plat meets the criteria set forth in these regulations for a minor subdivision, including payment of all fees, except that required public improvements noted in the minor subdivision plat application as planned for installation are not yet installed, and the city attorney finds that the owner's certificate is satisfactory in form, then the community development coordinator shall conditionally approve the minor subdivision plat. Such approval shall be conditioned upon the design and construction of the required public improvements within ninety (90) days of the date of conditional approval.

(b)

Construction of public improvements. If the owner submits satisfactory proof of design and construction of said public improvements within 90 days of the date of conditional approval, and the public works director shall determine that said public improvements now meet current design standards, then the community development coordinator, public works director, mayor and city clerk shall approve the minor subdivision in accordance with these regulations. If such proof is not submitted within 90 days, then the conditional approval shall lapse and the application for minor subdivision approval shall be considered denied.

(c)

Sidewalk waiver. If sidewalks do not exist within or adjacent to the proposed minor subdivision as required by these regulations, an administrative waiver from immediate sidewalk construction may be requested, and alternate development agreements may be required. The decision to grant the sidewalk waiver shall be made by the community development coordinator, with concurrence from public works director.

(Ord. No. 14-51, § 2, 12-1-14)

The same property may not be subdivided by use of the minor subdivision approval process more frequently than once in any five-year period.

(Ord. No. 14-51, § 2, 12-1-14)

The certificate of exemption is intended to allow minor conveyances of property between contiguous land owners through an administrative review process.

(Ord. No. 24-24, § 2(Exh. A), 6-17-24)

The owner of contiguous land may apply for a certificate of exemption if any one or more of the following shall apply:

(a)

The total acreage of the parcel or parcels to be divided is less than one acre, is located in a recorded subdivision and does not involve any new streets or easements of access; or

(b)

The change in any one existing lot or parcel is no more than 30 feet wide on any side at any point; or

(c)

The land removed from one parcel or lot and affixed to another does not exceed 10,000 square feet; or

(d)

The total number of lots is not increased from the number existing prior to the subdivision; or

(e)

The land division is exempt from the plat requirements of the Plat Act, 765 ILCS 205/0.01 et. seq.; or

(f)

The land is public acquisition for the widening of existing streets or for constructing other public works.

(Ord. No. 14-51, § 2, 12-1-14; Ord. No. 24-27, § 2(Exh. A), 7-1-24)

(a)

Affidavit. The application for minor subdivision shall be accompanied by an affidavit for certificate of exemption that shall be signed by the owner and state that the minor subdivision meets the requirements for a certificate of exemption. It shall be accompanied by:

(1)

A sketch showing the proposed division;

(2)

Name of the proposed subdivision;

(3)

Legal description of the proposed lots after the subdivision;

(4)

Legal description of the proposed lots before the subdivision;

(5)

The current permanent index numbers assigned by the County Assessor to the existing lot(s).

The form of the affidavit may be prescribed by the community development coordinator and approved by the city attorney.

(b)

Utility approval. All utility companies and public entities with roads, sewers, drainage facilities or easements within or adjacent to the proposed area to be platted must approve the configuration of the proposed subdivision and must be submitted with the affidavit for a certificate of exemption.

(Ord. No. 14-51, § 2, 12-1-14)

(a)

The community development coordinator, with concurrence from the public works director, shall approve the affidavit for certificate of exemption and the city attorney shall approve the form of the owner's certificate within ten working days of receipt of a complete application, documents and subdivision fee. If it is not approved within this time period, unless the applicant requests that action be delayed, the certificate of exemption shall be deemed to be disapproved. If not approved, the Community development Coordinator shall notify the owner in writing within seven days of denial.

(b)

When the community development coordinator, with concurrence from the public works director, finds the certificate of exemption meets the criteria for approval, then the community development coordinator shall approve the certificate of exemption on behalf of the city council. Their signatures on the certificate of exemption shall be evidence of its approval.

(c)

If the certificate of exemption has not been recorded with the McDonough County Recorder's Office within 90 days of approval, it shall be null and void.

(d)

The certificate of exemption shall not be recorded except contemporaneously with deeds indicating the transfer of the parts of the existing lot(s) as approved by the minor subdivision. However, the certificate of exemption may be issued to correct deeds previously recorded. The certificate shall recite sufficient information to identify the deeds which created the subdivision to which it relates and may be recorded.

(Ord. No. 14-51, § 2, 12-1-14)

Planned development regulations allows for development of innovative design by permitting some relaxation of the requirements of the underlying zone district regulations and of the subdivision regulations. A planned development is a special use that may be granted by the city council should it determine that the planned development is in the best interest of the community and complies with all the standards established in this chapter.

The intent of the planned development option is to:

(1)

Afford greater choice in the types of development available to the public by allowing a development that would not be possible under the strict application of the other requirements of this chapter;

(2)

Allow for a more creative approach to the use of land and related physical facilities that results in better development, design and the construction of aesthetic amenities;

(3)

Promote preservation of common open space and provide more usable and suitably located recreation areas and facilities;

(4)

Encourage a pattern of development to preserve natural vegetation, topographic and geographic features; and architectural and historic landmarks;

(5)

Permit an efficient use of the land resulting in more economic networks of utilities, streets, schools, public grounds, and buildings, and other facilities; and

(6)

To encourage the use of land which promotes the public health, safety, comfort, morals and welfare.

(Ord. No. 2750, § 2, 11-17-97)

The following guidelines will be used by the planning commission and city council to evaluate the suitability of proposed planned developments. These guidelines represent sound planning principles which the city thinks should be incorporated into planned developments. However, it is not intended that each and every one of these guidelines be rigidly conformed to, provided that just cause for any departure from these guidelines is demonstrated.

(1)

The planned development should be compatible with the character of the underlying zoning district in which it is located.

(2)

The planned development should be consistent with the official planning policies and the comprehensive plan of the city.

(3)

The planned development should preserve the value of the surrounding residential area.

(4)

Any unusual physical, topographical or historical features of the site of the planned development which are of importance to the people of the area or the community should be preserved.

(5)

The minimum area of a planned development should be five acres.

(6)

Yards along the periphery of a planned development should be compatible with the yards of the adjacent properties.

(Ord. No. 2750, § 2, 11-17-97)

(a)

Use exceptions. Uses not allowed in the regulations of the underlying districts may be permitted in planned developments provided:

(1)

Proposed use exceptions enhance the quality of the planned development and are compatible with the primary uses.

(2)

Proposed use exceptions are not of a nature, nor are located so as to create a detrimental influence on the surrounding properties.

(3)

Proposed use exceptions shall not represent more than 40 percent of the site area or more than 40 percent of the total floor area, whichever is less. However, in a residential planned development area no more than ten percent of the site area or a total floor area which ever is less, shall be devoted to commercial use, and provided that such commercial use is integral to the nature of the planned development.

(4)

No industrial use shall be permitted.

(b)

Development standards exceptions. To help achieve the intended benefits of a planned development, exceptions from the regulations of the underlying district may be authorized, provided that:

(1)

Such exceptions are solely for the purpose of promoting a better development that will be beneficial to the residents or occupants of the planned development as well as those of surrounding properties.

(2)

That in residential planned developments, the maximum number of dwelling units allowed shall not exceed by more than 40 percent of the number of dwelling units permitted in the underlying zoning district.

(3)

That the area of open space provided in a planned development shall be at least 25 percent more than that required in the underlying zoning district.

(4)

Along the periphery of such planned developments, yards shall be provided as required by the regulations of the underlying zoning district.

(5)

Building height shall not exceed 35 feet except that utilization of a building existing on the site which is taller than 35 feet shall be permitted.

(Ord. No. 2750, § 2, 11-17-97)

The administrative procedures for the review and approval of planned development applications are set forth below:

(1)

Pre-application conference.

a.

General procedure. Prior to filing a formal application for approval of a planned development, the developer shall schedule a pre-application conference with the plat officer. At this conference:

1.

The developer presents his general concept for the proposed development in accordance with section 17-207, subsection (1), of this division.

2.

The plat officer informs the developer of applicable plan policies and standards.

(2)

Preliminary plan. The preliminary plan of the planned development shall be filed with the plat officer, who shall in turn forward copies to the planning commission. A public hearing shall be held by the planning commission to review the proposed planned development and receive public comment. Procedures for the preliminary plan stage shall consist of the following:

a.

Submission materials. The petitioner shall prepare and submit plans and documents in conformance with the requirements of section 17-207, subsection (2), of this division.

b.

Public review of submissions. Submission materials shall be filed for review and inspection by other government bodies and the general public.

c.

Site plan review. The proposed planned development will be reviewed by the plan commission pursuant to Article IV, Division 3, Site Plan Review.

d.

Public hearing. Within 60 days of receipt of the preliminary plan the planning commission shall hold a public hearing in accordance with the provisions of the state statutes for public hearings. Notice of the hearing shall be published not more than 30 days nor less than 15 days before said hearing in one or more newspapers within a general circulation area of the city.

e.

Planning commission findings. Within 90 days of the close of the public hearing the planning commission shall prepare findings of fact and recommendations which shall be forwarded to the city council.

f.

City council action. Within 60 days from receipt of the planning commission report the city council shall subsequently either approve, disapprove or approve with conditions the planned development. If approved or approved with conditions, a schedule for submission of the final plan shall then be established.

g.

Changes in a preliminary plan. Changes to an approved preliminary plan shall be made as follows:

1.

Major changes require the submission of a new preliminary plan and supporting data in accordance with the requirements of section 17-207, Contents of Applications. Major changes are those which alter the concept or intent, increase the density, increase building coverage, decrease the separation between buildings, change the uses of the site, increase building height, reduce open space, change by more than 15 percent the proportion of housing types, change road standards or locations, change sewer, water, or electrical utilities, change proposed drainage, change the final governing agreements of the planned development, or change the development schedule by more than six months.

2.

Minor changes to an approved preliminary plan shall not be required to submit a new preliminary plan but shall be required to identify the minor changes on the final plan document.

(3)

Final plan. The final plan shall be submitted to the plat officer no more than 12 months (or such time as the city council may approve) following approval of the preliminary plan or resubmittal of the preliminary plan in accordance with section 17-204(b)(7)a. The preliminary and final plans may be submitted simultaneously if all requirements of this chapter are met. If submitted separately, the final plan shall conform substantially with the approved preliminary plan. The procedure for the final plan stage is as follows:

a.

Final plan submissions. The petitioner shall prepare and submit plans and documents in conformance with the requirements of section 17-207, subsection (3) of this division.

b.

Construction schedule. A written construction schedule shall accompany the submission documents and will be part of the final plan approval.

c.

Staff review. Within 60 days the plat officer shall conduct a review of the submission documents and forward his or her recommendations to the planning commission.

d.

City council action. Following staff review, the planning commission shall review the final plan and shall return its recommendation to the council within 45 days. The city council will then either approve of disapprove the final plan within 45 days. A copy of the city council resolution approving or denying the final plan will be filed with the office of the city clerk.

(4)

Changes in the planned development. The development of a planned development shall be in conformance with the approved and recorded final plan documents and all supporting data. The approved documents shall be binding on the applicants and their successors, grantees and assignees and shall limit and control the use, improvement, and development of the planned development as set forth therein. Changes in final plan documents are subject to the following restrictions.

a.

Authorized administrative changes. Changes in the location of buildings, streets and parking lots of one foot or less may be approved by the community development coordinator when such changes are requested pursuant to obtaining a building permit. However, such changes shall not decrease a peripheral yard or peripheral open space.

b.

Minor changes in a final plan. A final plan may be changed, subject to city council approval, without modifying the preliminary plan, provided the proposed changes do not alter the concept or intent, increase the density, increase building coverage, decrease the separation between buildings, change the uses of the site, increase building height, reduce open space, change by more than 15 percent the proportion of housing types, change road standards or locations, change sewer, water, or electrical utilities, change proposed drainage, change the final governing agreements of the planned development, or change the development schedule by more than six months.

c.

Major changes in a final plan. Changes other than those listed above require the resubmission and approval of a revised preliminary plan followed by submission and approval of revised final plan materials.

(Ord. No. 2750, § 2, 11-17-97)

The city council may declare the approval of a planned development revoked if construction falls one year behind schedule or is ahead of schedule by one year. The developer of the development shall be notified prior to any revocation. Notification by registered or certified mail shall be considered adequate notice. Extensions in the construction schedule may be granted by the city council.

(Ord. No. 2750, § 2, 11-17-97)

The petitioner shall record a copy of the approved final plan with the county recorder of deeds. Proof of such recording shall be required prior to the issuance of a building permit.

(Ord. No. 2750, § 2, 11-17-97)

Required plans and documents for each step of the planned development process are set forth below:

(1)

Pre-application stage.

a.

A written "letter of intent" from the petitioner describing his intention for developing the site.

b.

A topographic survey and location map.

c.

Sketch plans describing proposed land use(s), dwelling type(s) and density, if applicable, street and lot arrangement, and tentative lot sizes.

d.

Tentative proposals regarding site improvements such as water and sewer utilities, surface drainage, open space and other public facilities and street improvements.

e.

Statement of ownership of all land within the proposed planned development.

f.

Other materials that may be requested by the city.

(2)

Preliminary plan stage. Required submission materials for the preliminary plan stage are outlined below. The city council may modify and/or reduce the required submission materials for any proposed planned development by resolution upon request of the petitioner and after receiving the recommendation of the plat officer. The plat officer shall inform the petitioner in writing of any such modification or reduction.

a.

Project identification and description. The following information is required on the drawings submitted with the preliminary plan:

1.

Proposed name of development (not duplicating the name of any plat recorded in McDonough County.

2.

Names and addresses of the owner, subdivider, or developer having control of the tract; name and seal of registered engineer and/or surveyor; and the name and address of the site planner.

3.

Graphic (engineering) scale not smaller than one inch equals 50 feet (1″ = 50′).

4.

Northpoint, designated as true north.

5.

Date of preparation of original drawing and the date of any revisions.

b.

Existing conditions. The following data/materials shall be submitted relevant to existing site conditions.

1.

A current plat of survey (boundary survey) prepared by a land surveyor registered in the state.

2.

A legal description of the site.

3.

Existing zoning districts and current use of land on the site and on adjacent property within 400 feet of the subject site.

4.

All existing or previously platted streets on the site, indicating their location, width, sidewalks, curbs and gutters, culverts, centerline elevation and name.

5.

Other rights-of-way, including railroads, utility R.O.W.'s and drainage ways, and showing existing improvements, if any.

6.

Existing permanent buildings and structures on the site.

7.

Utilities on the site indicating: the location, size and invert elevations of storm and combined sewers; the size and location on sanitary sewers; the size and location of water mains; the location of fire hydrants; the direction and distance to the nearest usable water mains and sewers; and the location of private utilities such as gas, electric, and telephone lines and easements.

8.

A community location map, drawn at a scale of not less than one inch equals 1,000 feet (1″ = 1,000′), showing the site boundary lines.

9.

Topographic data for the site consisting of existing contours at one-foot intervals.

10.

Hydrologic conditions including watercourses, floodplains, and wetlands.

11.

Existing vegetation on the site including trees of 12-inch diameter or more.

12.

Soil conditions obtained from soil bearing data taken at locations and depths as may be required by the city engineer.

13.

Locations of or reference to existing monuments or survey markers used in preparation of survey and the grade elevation of each monument and marker.

14.

Planned or proposed public improvements including highways and public buildings planned for construction on or near the site.

15.

Other existing conditions data as may be required by the planning commission or the city council.

c.

Project design features. Plans, drawings and other material which indicate the design of buildings, streets, landscaping, engineering and other project improvements shall be provided as required below. The submission material described below notwithstanding, all required improvements shall be made in accordance with the standards and specifications contained in Article V of this chapter unless the city council, with the advice of the city engineer, authorizes specific relief from them.

1.

A detailed site plan indicating:

i.

Layout of streets and pedestrian ways showing right-of-way and pavement widths, street names (not duplicating the name of any street used in the city or its environs, unless the street is an extension of an already named street, in which event that name shall be used) and showing proposed through streets extended to boundaries of the development.

ii.

Layout, numbers, and typical dimensions of any subdivided lots and building locations to the nearest foot; and the proposed land use for each lot, parcel or tract.

iii.

Proposed building setback lines, indicating dimensions.

iv.

All proposed buildings, indicating their use, height and number of units or floor area.

v.

Areas other than street right-of-way intended to be dedicated or reserved for open space or other public use and showing the approximate area in acres of parcel.

vi.

Site plan data shall be compiled to identify: net site area; total number of dwelling units; project density; total floor area; floor area ratio; ground coverage of buildings; impervious surface coverage; maximum building height; numbers of buildings by building type; number of parking spaces required and provided; and sub-categories of data for each type of land use within the development.

vii.

Sidewalks and pedestrian trails.

2.

A grading plan at one-foot contour intervals indicating proposed site grading and areas to be provided for any stormwater detention requirements.

3.

A preliminary facilities plan indicating the feasibility of providing utility service to the site via water mains, sanitary, and storm sewers, and stormwater detention facilities.

4.

The design of all project signage, including project marketing signage.

5.

A preliminary landscape plan indicating the location, number and desired effect of proposed landscaping. Plant material may be described in terms of categories of plants such as "shade trees," "evergreen trees" and "shrub masses" rather than specific plant species.

6.

Architectural plans, preliminary sketches and renderings for all primary buildings shall be submitted in sufficient detail to permit an understanding of the style of the development.

7.

Site lighting plan.

8.

A sediment and erosion control plan indicating plans to control erosion and sedimentation on and adjacent to the site.

d.

Other requirements. Applications for planned developments shall also include the submission of the following:

1.

Fiscal impact study comparing the projected tax revenue generated by the project and the added costs for services as they will affect local government jurisdictions.

2.

School impact study indicating the number of new students generated by the project. This information will be used in the fiscal impact study above to determine the project's impact on local school districts.

3.

Traffic impact study indicating the daily and peak traffic generation and the impact of this added traffic on existing local traffic patterns. This traffic study shall also evaluate the adequacy of the internal street system.

4.

Market study to evaluate the economic feasibility of the proposed development, including market acceptance of the proposed development products, competitive alignment and market absorption. The market study shall be prepared by a qualified, independent market research firm.

5.

A construction activities plan indicating how construction activity will be controlled by addressing contractor ingress/egress, construction parking, street cleaning and pest control.

6.

Financial information including: a copy of lender's commitment; MAI appraisals on the existing site and after development completion; certificate of no delinquent taxes; and financial pro forma.

7.

Proposed covenants to govern the use and maintenance of the development and ensure the continued observance of the provisions of the planned development.

8.

A narrative description of the planned development describing: the intent and desired effect of the development; the manner in which the development has been planned to take advantage of the flexibility of the planned development regulations; the superior benefits that would accrue to the residents/users of the development; all relief sought from the standard application of district requirements in conjunction with the project.

9.

Proof of ownership and/or control of the site.

10.

Notification list for public hearing comprised of all adjacent land owners, existing owners of record of the subject site, and other persons as may be added by the city.

11.

A development schedule indicating:

i.

A description of the stages in which the project will be built including the public facilities to be constructed in each stage, the density and/or floor area of buildings, open space, and the mix of uses in each stage.

ii.

The approximate dates of the beginning and end of each stage.

iii.

The area and general content of each stage shall be shown on a plat and supporting graphic material.

(3)

Final plan stage. The final plan shall be accurately drawn in ink on material capable of producing clear and legible contact prints or photostatic copies and shall show the following:

a.

Identification and description.

1.

Name of developer.

2.

Street names.

3.

Location by section, township, and range by legal description.

4.

Graphic (engineering scale be one inch to one hundred feet).

5.

Northpoint, designate as true north.

b.

Planned development plat. The developer shall prepare a final, detailed land use and zoning plat, suitable for recording with the county recorder of deeds. The purpose of the planned development plat is to designate with particularity the land subdivided into conventional lots, as well as the division of other lands, not so treated, into common open areas and building areas, and to designate and limit the specific internal uses of each building or structure as well as of the land in general. The final planned development plat and supporting data shall include the following:

1.

All information for final plat as required in Division 1 of this article.

2.

Designation of the exact location of all buildings to be constructed, and a designation of the specific internal uses to which each building shall be put, including construction details; centerline elevations; pavement type; curbs, gutters, culverts, etc.; and a street numbering designation shall be furnished for each building.

3.

Common open space documents shall be provided indicating, at the election of the city, that common open space shall be as follows:

i.

Conveyed to a municipal or public corporation; or conveyed to a not-for-profit corporation or entity established for the purpose of benefiting the owners and residents of the planned development or adjoining property owners, or any one or more of them; all lands conveyed under this subsection shall be subject to the right of the grantee or grantees to enforce maintenance and improvement of the common open space.

ii.

Guaranteed by a restrictive covenant describing the open space and its maintenance and improvement, running with the land for the benefit of residents of the planned development or adjoining property owners and/or both.

c.

Final landscape plan. A final landscape plan shall be prepared in substantial conformance to the approved preliminary landscape plan. The form and content of the final landscape plan shall conform to the requirements of Article VII, Division 3 of this development ordinance.

(Ord. No. 2750, § 2, 11-17-97)

A site plan review procedure is established to provide standards by which to determine and control the physical layout and/or use of a lot or parcel of land. A site plan review of all new construction required by the applicable district regulations and related site and landscape development is required in order to further promote the safe and efficient use of land and to further enhance the value of property in the city. The site plan review process is intended to help ensure that newly developed properties or redeveloped properties are compatible with adjacent development, and that safety, traffic, over-crowding and environmental problems are minimized to the extent possible.

(Ord. No. 2750, § 2, 11-17-97)

Site plan review shall be required when any discretionary permit is being requested for multiple-family residential, fraternities and sororities and commercial, institutional, office or industrial developments. In cases involving the expansion of any existing development as noted above, a revised site plan sufficient to address all affected or applicable provisions of the code shall be submitted. Individual single- and two-family residential home developments are exempt from site plan review.

(Ord. No. 2750, § 2, 11-17-97; Ord. No. 09-08, § 2, 3-16-09)

(a)

Applications for site plan review shall contain a site plan showing all information required by the community development coordinator. Such site plan shall include at a minimum the following:

(1)

Elevation contours;

(2)

Existing and proposed easements and rights-of-way on the site or within 100 feet of its boundaries;

(3)

Existing and proposed structures;

(4)

Significant existing and proposed landscaping and paving;

(5)

Existing and proposed signage;

(6)

Scale, north arrow, and dimensions.

This plan shall be promptly forwarded by the community development coordinator to the appropriate authority as defined herein.

(b)

If the community development coordinator determines the application does not contain sufficient information to enable proper review, the community development coordinator may request additional information from the applicant.

(c)

Upon receiving a completed application on the form provided by the community development coordinator, the community development coordinator shall schedule the application for review at the appropriate review body's meeting. If the review is within the authority of the planning commission, the community development coordinator shall schedule the application at the planning commission's next scheduled meeting.

(d)

When the proposed development requires review by the planning commission, the site plan shall first be reviewed by the community development coordinator.

(e)

No application for a building permit shall be issued by the City until the site plan is approved by the reviewing authority.

(Ord. No. 2750, § 2, 11-17-97)

The planning commission and staff when evaluating site plans, may review the following characteristics of the site plan:

(1)

The relationship of the site plan to adopted land use policies.

(2)

Parking layout with respect to how well it achieves the following objectives:

a.

Minimize dangerous traffic movements;

b.

Achieve efficient traffic flow in consultation with standards established by the Illinois Department of Transportation;

c.

Provide for the appropriate number of parking spaces, while maintaining city design standards; and

d.

Provide for the appropriate location and number of driveways.

(3)

Landscaping, with respect to how well it achieves the following objectives:

a.

Maintain existing mature trees and shrubs to the maximum extent practicable;

b.

Buffer adjacent incompatible uses;

c.

Screen unsightly activities from public view;

d.

Break up large expanses of asphalt with plant material;

e.

Provide an aesthetically pleasing landscaping design; and

f.

Provide plant materials and landscaping designs that can withstand the city's climate, and the microclimate on the property.

(4)

Location of principal structures, accessory uses and structures and freestanding signs as signs are regulated in Article VII, Division 3, Signs, so that their location does not impede safe and efficient traffic flow.

(5)

Compliance with all applicable provisions of the Macomb Municipal Code.

(6)

Other factors deemed necessary by the commission or the community development coordinator or designee.

(7)

Any part of a proposed development not used for structures, parking, loading, or accessways shall be landscaped or otherwise improved.

(Ord. No. 2750, § 2, 11-17-97)

Approval or denial of a site plan shall be based upon the following principles:

(1)

Every use, development of land, and application of development standards shall take place in compliance with the standards of this chapter.

(2)

Every use, development of land, and application of development standards shall be considered on the basis of the suitability of the site for the particular use or development intended. The total development, including the use and development standards, shall be designed to avoid traffic congestion, insure the public health, safety, and general welfare; prevent adverse impacts on neighboring property; and shall be in accord with the policies of the comprehensive plan and of this Code.

(3)

Every use, development of land, and application of development standards shall be considered on the basis of suitable and functional development design, but it is not intended that such approval be interpreted to require a particular style or type of architecture.

(Ord. No. 2750, § 2, 11-17-97)

Action on any site plan shall be as follows: approval, approval with conditions, or denial.

(Ord. No. 2750, § 2, 11-17-97)

(a)

No building hereafter erected or altered shall be used until a certificate of occupancy is issued by the office of building and zoning.

(b)

No building shall be erected, altered, or repaired until a building permit is issued by the office of building and zoning.

(Ord. No. 2750, § 2, 11-17-97)

(a)

All certificates of occupancy shall be applied for coincident with the application for a building permit, and said certificate shall be issued within five days after final inspection and approval by the building inspector.

(b)

Certificate of occupancy for the use of vacant land shall be applied for before any such land shall be occupied or used, and a certificate of occupancy shall be issued within five days after the application has been made, provided such use is in conformity with the provisions of this chapter.

(Ord. No. 2750, § 2, 11-17-97)

(a)

No building or structure shall be erected, and no permit for the erection or alteration of any building or structure shall be issued, if such construction or alteration would result in a violation of the provisions of this chapter, or if the completed or altered building or structure would not be in compliance herewith. The issuance of a building permit shall in no case be construed as waiving any provisions of this chapter.

(b)

No land or building or part thereof hereafter erected or altered in its use or structure shall be used until the office of building and zoning shall have issued a certificate of occupancy indicating that such land, building, or part thereof and the proposed use thereof, are found to be in conformity with the provisions of this chapter.

(c)

Within five days after notification that a building or premises or part thereof is ready for occupancy or use, it shall be the duty of the community development coordinator to make a final inspection thereof and to issue a certificate of occupancy if the land, building or part thereof and the proposed use thereof are found to conform with the provisions of this chapter; or if such certificate is refused, to state refusal in writing, with the cause, and immediately forward such notice of refusal to the applicant.

(d)

The community development coordinator shall maintain a record of all certificates and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building affected.

(Ord. No. 2750, § 2, 11-17-97)

A building permit shall become void six months after issuance unless substantial progress has been made by that date on the project described therein. A building permit for residential and commercial properties shall become void 18 months after date of issuance, and for industrial projects, 24 months after date of issuance, if the project described therein has not been completed.

(Ord. No. 2750, § 2, 11-17-97)

Special use or accessory special use permits granted in accordance with this chapter may authorize the development of uses listed as special uses in the district in which the site is located. Within the entirety of this chapter, any references to, or requirements or processes associated with a special use shall also apply to accessory special uses.

(Ord. No. 2750, § 2, 11-17-97; Ord. No. 14-01, § 2, 1-6-14)

Special uses are those uses having some special impact or uniqueness that requires a careful review of their location, design, configuration, and special impact to determine, against the fixed standards located in section 17-268, Standards for Reviewing Special Use Permits, the desirability of permitting their establishment on any given site. They are uses that may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect and such other factors established herein or by the planning commission.

(Ord. No. 2750, § 2, 11-17-97)

An application for a special use permit may be filed by any person who owns, leases or has a purchase agreement for the property for which the special use permit is requested. If the applicant is the lessor, the written approval and signature of the owner may be required as determined necessary by the community development coordinator.

(Ord. No. 2750, § 2, 11-17-97)

An application for a special use permit shall be filed with the community development director. The application shall be accompanied by the following plans, data or information unless determined otherwise by the community development director or designee:

(1)

A statement in writing by the applicant and adequate evidence showing that the proposed special use will conform to the standards set forth in section 17-268, Standards for Reviewing Special Use Permits, below. Such information should include, at a minimum, a description of the use, days and hours of operation, number of employees, the scope of activities carried on by the proposed special use, and other information as requested by the community development director.

(2)

If the use is not listed as a permitted special use in the district for which it is requested, a statement in writing explaining how it is similar to a use which is listed as a permitted special use in the district for which it is requested.

(3)

A site plan of the proposed use identifying the location of all buildings and structures on the property; buildings, structures and pavement within 100 feet of the property line or within the adjacent property, whichever is less; open space; points of ingress/egress; the location, size and layout of parking; property lines; easements; and scale, north arrow and date.

(4)

A description of the existing use and zoning of land within 300 feet of the subject site, or within 1000 feet of the subject site if the subject site is within the extraterritorial boundary set for in section 17-6.

(5)

A landscape plan showing all proposed and existing landscaping including berming, buffering and screening.

(6)

Estimated traffic generation of the proposed use.

(7)

Floor plans indicating the internal use of structures.

(8)

Architectural elevations.

(9)

An exterior lighting plan indicating the location of all lighting fixtures.

(10)

An accurate legal description of the subject property.

(11)

Other information, including a narrative description or product information as may be required by the planning commission. Such application shall be forwarded from the community development director to the planning commission for review and, if approved, to council for confirmation.

(Ord. No. 2750, § 2, 11-17-97; Ord. No. 25-01, 2(Exh. A), 2-3-25)

The planning commission shall hold one public hearing to review, consider, and approve, approve with conditions, or disapprove an application after the following public notification is given by the community development director:

(1)

Mailing. Notice shall be provided a minimum of 15 calendar days and no more than 30 calendar days in advance of the public hearing, to all owners of land within 250 feet, or within 1000 feet if the property is withing the extraterritorial boundary as set for in section 17-6, of the periphery of the land subject to the application whose names and addresses are known by reference to the most recently published ad valorem tax records of the county assessor, except that when the land is improved with a condominium, notice shall be given to the condominium association. Notice shall be presumed to have been given when mailed in accordance with these provisions.

(2)

Legal notice. Legal notice shall be given by advertisement in a local newspaper of general circulation at least 15 and not more than 30 days prior to the public hearing.

(3)

Posting. Notice shall also be given by posting a sign in the front yard of said property stating that a special use request on said property is under consideration. The sign shall remain until action is taken by the city council.

(Ord. No. 2750, § 2, 11-17-97; Ord. No. 25-01, 2(Exh. A), 2-3-25)

(a)

Denial. If the planning commission denies the application for a special use permit, the application is then null and void unless the city council overrides the planning commission decision with a two-thirds majority vote.

(b)

Approval. If the planning commission approves the application, the commission shall, within a reasonable time after the conclusion of the public hearing, transmit the application to the city council for the council's confirmation.

(Ord. No. 2750, § 2, 11-17-97)

Within a reasonable time after the receipt of the decision, of the planning commission, or its failure to act as above provided, the city council either shall confirm the decision by ordinance duly adopted with or without modifications or conditions, or refer the application back to the planning commission for further study, or deny the special use permit.

(Ord. No. 2750, § 2, 11-17-97)

The planning commission and city council shall consider the following criteria when making a determination on special use permit applications:

(1)

Land use policy. The proposed use and development will be in keeping with the land use policies established by the city council.

(2)

Ordinance purposes. The proposed use and development will be in harmony with the general and specific purposes for which this chapter was enacted and for which the regulations of the district in question were established.

(3)

No nuisance. The proposed use and development will not create any public nuisance by reason of noise, smoke, odors, vibrations, objectionable lights or congestion of traffic.

(4)

No undue adverse impact. The proposed use and development will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood or area, or the public peace, health, safety, and general welfare.

(5)

No interference with surrounding development. The proposed use and development will be constructed, arranged, and operated so as not to excessively interfere with the use and development of neighboring property in accordance with the applicable district regulations.

(6)

Adequate public facilities. The proposed use and development will be served adequately by essential public facilities and services such as streets, public utilities, drainage structures, police and fire protection, refuse disposal, parks, libraries, and schools, or that the applicant will provide adequately for such services.

(7)

No traffic congestion The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets.

(8)

No destruction of significant features The proposed use and development will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance.

(9)

Compliance with standards. The proposed use and development complies with all additional standards imposed on it by the particular provision of this chapter authorizing such use.

(Ord. No. 2750, § 2, 11-17-97)

The planning commission may impose and the city council may confirm or impose additional conditions and limitations concerning use, construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this chapter upon the premises benefitted by a special use permit as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services. Such conditions shall be expressly set forth in the ordinance granting the special use. Violation of any such condition or limitation shall be a violation of this chapter and shall constitute grounds for revocation of the special use permit.

(Ord. No. 2750, § 2, 11-17-97)

The granting of a special use permit authorizes the property to be used in the manner proposed, but does not alone authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure without first obtaining any other required permit, including a building permit.

(Ord. No. 2750, § 2, 11-17-97)

Any modification or intensification of a special use that alters the essential character or operation of the use in a way not intended at the time the special use was granted, as evidenced by the record or language of the ordinance, shall require a new special use permit. The property owner/operator or his authorized representative shall apply for such special use permit prior to any modification of the use or property. The community development coordinator shall determine whether the proposed modification or intensification represents an alteration in the essential character of the original special use as approved. The operator of the special use shall provide the community development coordinator with all the necessary information related to the special use to render this determination.

If the community development coordinator determines that the proposed modification or intensification will not alter the essential character or operation of the special use, a new special use permit shall not be required.

(Ord. No. 2750, § 2, 11-17-97)

Subject to an extension of time granted by the community development coordinator, no special use permit shall be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or the approved use is commenced within that period. The special use permit shall expire at any time the use lapses for a period in excess of 12 months.

(Ord. No. 2750, § 2, 11-17-97)

A special use permit may be revoked if the established conditions for approval are violated. The community development coordinator is responsible for advising the planning commission of any violations, and the planning commission may then recommend to the city council to revoke the special use permit.

(Ord. No. 2750, § 2, 11-17-97)

No application for a special use permit that has been denied by the city council shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of change of condition found to be valid by the community development coordinator.

(Ord. No. 2750, § 2, 11-17-97)

The board of zoning appeals may vary the regulations of this chapter in harmony with its general purpose and intent. Variances shall be granted only in the specific instances, hereinafter set forth, where the hearing authority makes findings in accordance with the standards set forth in this chapter, and further, finds that the strict application of this chapter would result in practical difficulty or undue hardship.

(Ord. No. 2750, § 2, 11-17-97)

An application for a variance may be made by any person who owns, leases or has a purchase agreement for the property for which the variance is requested. If the applicant is a lessor, the written approval, with signature, of the owner shall be required.

(Ord. No. 2750, § 2, 11-17-97)

An application for a variance shall be filed with the community development coordinator no less than 21 days prior to the scheduled public hearing.

(Ord. No. 2750, § 2, 11-17-97)

The board of zoning appeals shall hold one public hearing to review, consider, and approve, approve with conditions, or disapprove an application after the following public notification is given by the community development director:

(1)

Legal notice. By publication in a newspaper of general circulation within the community not more than 30 nor less than 15 days before the hearing. Said notice shall contain the legal description, the address and location of the property, and a brief description of the nature of the intended change.

(2)

Mailing. By mailing a written copy of said notice to the owner or agent of all property within 250 feet of the property in question, whose names and addresses are known by reference to the most recently published ad valorem tax records of the county assessor, except that when the land is improved with a condominium, notice shall be given to the condominium association.

(3)

Posting. By posting a sign in the front yard of said property stating that a variance on said property is under consideration. Said sign shall remain until action is taken by the board of zoning appeals

(Ord. No. 2750, § 2, 11-17-97; Ord. No. 25-01, 2(Exh. A), 2-3-25)

Before any variance is granted, the zoning board of appeals shall determine if all of the following conditions are shown to be present:

(1)

Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship or practical difficulty to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be applied;

(2)

The conditions upon which an application for a variance is based are unique to the property for which the variance is sought, and are not applicable, generally, to other property within the same zoning classification;

(3)

The purpose of the variance is not based upon a financial hardship alone;

(4)

The alleged practical difficulty or undue hardship is caused by this chapter and has not been created by any person having an interest in the property. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and

(5)

The granting of the variance will not alter the essential character of the neighborhood.

(Ord. No. 2750, § 2, 11-17-97)

(a)

In granting a variation the board may attach thereto, any conditions and safeguards it deems necessary or desirable in furthering the purposes of this chapter. Violation of any of these conditions or safeguards shall be deemed a violation of this chapter.

(b)

Nothing herein contained shall be construed to give or grant to the board the power or authority to permit a use not generally permitted in the district involved.

(Ord. No. 2750, § 2, 11-17-97)

Permits authorized by the zoning board of appeals for variances or pursuant to appeals from the regulations of this chapter shall be void one year after the date upon which approval was granted unless the use has commenced or construction has begun.

(Ord. No. 2750, § 2, 11-17-97)

No application for a variance that has been denied by the zoning board of appeals shall be resubmitted for a period of one year from the order of denial, except on the grounds of new evidence or proof of change of condition found to be valid by the community development coordinator.

(Ord. No. 2750, § 2, 11-17-97)

A variance may be revoked if the established conditions for approval are violated. The community development coordinator is responsible for advising the zoning board of appeals of any violations, and the zoning board of appeals may then direct the community development coordinator to take the necessary action to revoke the variance.

(Ord. No. 2750, § 2, 11-17-97)

The community development coordinator, subject to the procedures, standards, and limitations of this chapter, may, in writing, render interpretations, including use interpretations, of the provisions of this chapter and of any rule or regulation issued pursuant to it.

(Ord. No. 2750, § 2, 11-17-97)

The interpretation authority established by this chapter is intended to recognize that the provisions of this chapter, though detailed and extensive, cannot, as a practical matter, address every specific situation to which they may have to be applied. Many such situations can be readily addressed by an administrative interpretation of the specific provisions of this chapter in light of the general and specific purposes for which those provisions have been enacted. Because the interpretation authority established is an administrative rather than a legislative authority, it is not intended to add to or change the essential content of this chapter but is intended only to allow authoritative application of that content to specific cases.

(Ord. No. 2750, § 2, 11-17-97)

Applications for interpretations may be filed by any person having a right of ownership, such as a title, lease, or purchase agreement, in property that gives rise to the need for an interpretation; provided that interpretations shall not be sought by any person based solely on hypothetical circumstances or where the interpretation would have no effect other than as an advisory opinion. the community development coordinator may elect not to render an interpretation on a matter which, in the community development coordinator's opinion, is based on hypothesis.

(Ord. No. 2750, § 2, 11-17-97)

(a)

Application. Applications for interpretations of this chapter shall be filed in writing by letter and shall contain information describing the nature of the requested interpretation and written evidence of the petitioner's interest in the property. The community development coordinator may request any additional information necessary to make the interpretation.

(b)

Action on application. Within a reasonable time following the receipt of a properly completed application for interpretation, the community development coordinator shall inform the applicant in writing of his or her interpretation, stating the specific precedent, reasons, and analysis upon which the determination is based.

(c)

Record. A record of all applications for interpretations shall be kept on file in the office of the community development coordinator.

(d)

Appeal. The board of zoning appeals shall, pursuant to Division 10, Appeals, of this article, hear and decide appeals from any order or final decision of the community development coordinator acting pursuant to his authority and duties under this chapter. Except as expressly provided otherwise, an application for appeal to the board of zoning appeals may be filed not later than 45 calendar days following the action being appealed.

(Ord. No. 2750, § 2, 11-17-97)

The following standards shall be factors considered by the community development coordinator and the board of zoning appeals in issuing use interpretations:

(1)

Any use defined in Article II, Division 1, Definitions, of this chapter shall be interpreted as therein defined;

(2)

Evidence must demonstrate that the use will comply with the district regulations established for that particular district;

(3)

A use must be substantially similar to other uses permitted in the particular district and more similar to those uses than to uses permitted or conditionally permitted in a more restrictive district;

(4)

If the proposed use is most similar to a use permitted only as a special use in the district in which it is proposed, then any use interpretation shall require the issuance of a Special Use permit for such use pursuant to Article IV, Division 5, Special Use Permits; and

(5)

No use interpretation shall permit the establishment of any use that would be inconsistent with the statement of purpose of the district in question.

(Ord. No. 2750, § 2, 11-17-97)

No use interpretation which finds a particular use to be permitted or specially permitted in a particular district shall authorize the establishment of such use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits and approvals that may be required by the codes and ordinances of the city including, but not limited to, a building permit, a certificate of occupancy, subdivision approval, and site plan approval.

(Ord. No. 2750, § 2, 11-17-97)

A use interpretation which finds a particular use to be permitted, or permitted as a special use, shall authorize only the use for which it was issued, and that interpretation shall not authorize any allegedly similar use for which a separate use interpretation has not been issued.

(Ord. No. 2750, § 2, 11-17-97)

This division and the zoning map may be amended from time to time by ordinance duly enacted by the city council in accordance with the procedures set out in this section.

(Ord. No. 2750, § 2, 11-17-97)

The amendment process established by this section is intended to provide a means for making changes in the text of this chapter and in the zoning map. The process is not intended to relieve particular hardships nor to confer special privileges or rights.

(Ord. No. 2750, § 2, 11-17-97)

An application for an amendment may be filed by the city council, the planning commission, the board of zoning appeals, the owner of, or any person having a right of ownership in any property to be affected by a proposed amendment to the zoning map, or a person interested in a proposed amendment to the text of this chapter.

(Ord. No. 2750, § 2, 11-17-97)

An application for an amendment shall be filed with the community development director on an official, prescribed form. The application shall be accompanied by the following plans, data or information:

(1)

A statement in writing by the applicant and adequate evidence showing that the proposed amendment will conform to the standards set forth in section 17-333, Standards for Amendments, below.

(2)

Applications for map amendments shall include the following:

a.

A locational map of the subject site, identifying the location of all buildings and structures on the property; buildings, structures and pavement contiguous to the property; a description of the land use and zoning within 250 feet of the property; points of ingress/egress; the location, size and layout of parking; property lines; easements; and scale, north arrow and date.

b.

An accurate legal description of the subject property.

c.

Other information, including a narrative description, as may be required by the planning commission.

Such application shall be forwarded from the community development director to the planning commission for their review and action.

(Ord. No. 2750, § 2, 11-17-97; Ord. No. 25-01, 2(Exh. A), 2-3-25)

The planning commission shall hold at least one public hearing in accordance with this chapter after the following public notification is given by the community development director:

(1)

Mailing. Notice shall be provided via first class mail, a minimum of 15 days and a maximum of 30 days in advance of the public hearing, to all owners of land within 250 feet of said property whose names and addresses are known by reference to the most recently published ad valorem tax records of the county assessor, except that when the land is improved with a condominium, notice shall be given to the condominium association. Notice shall be presumed to have been given when mailed in accordance with these provisions.

(2)

Legal notice. Legal notice shall be given by advertisement in a local newspaper of general circulation at least 15 days and no more than 30 days prior to the public hearing.

(3)

Notification to organizations. Notification a minimum of no less than 15 days prior to the public hearing shall be given by first class mail to any organization which requests notice.

(4)

Posting. A sign shall be posted in the front yard of said property stating that a zoning amendment for said property is under consideration. The sign shall remain until action is taken by the city council.

(Ord. No. 2750, § 2, 11-17-97; Ord. No. 25-01, 2(Exh. A), 2-3-25)

The planning commission shall, in the public hearing, review and consider the application, and shall, within a reasonable time after the conclusion of the public hearing, transmit to the city council the application and the planning commission's recommendation to approve or disapprove the application.

(Ord. No. 2750, § 2, 11-17-97)

The city council may act upon the planning commission's recommendation by: 1) duly adopting an ordinance, with or without modifications; 2) referring the application back to the planning commission for further study; or 3) denying the amendment request. Applications for amendments not receiving a favorable vote of the planning commission shall not become effective unless receiving a two-thirds majority vote of the city council.

(Ord. No. 2750, § 2, 11-17-97)

In determining whether a proposed amendment shall be granted or denied, the planning commission and the city council should be guided by the principle that its power to amend this chapter 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 and the planning commission should weigh the following factors:

(1)

The consistency of the proposed amendment with the city's adopted land use policies.

(2)

The consistency of the proposed amendment with the purposes of this chapter.

(3)

If a specific parcel of property is the subject of the proposed amendment, then the following factors:

a.

The existing uses and zoning classifications for properties in the vicinity of the subject property.

b.

The trend of development in the vicinity of the subject property, including changes, if any, in such trend since the subject property was placed in its present zoning classification.

c.

The extent to which the value of the subject property is diminished by the existing zoning classification applicable to it.

d.

The extent to which any such diminution in value is offset by an increase in the public peace, health, safety, and welfare.

e.

The extent to which the use and enjoyment of adjacent properties would be affected by the proposed amendment.

f.

The extent to which the value of adjacent properties would be affected by the proposed amendment.

g.

The extent to which the future orderly development of adjacent properties would be affected by the proposed amendment.

h.

The suitability of the subject property for uses permitted or permissible under its present zoning classification.

i.

The availability of adequate ingress to and egress from the subject property and the extent to which traffic conditions in the immediate vicinity of the subject property would be affected by the proposed amendment.

j.

The availability of adequate utilities and essential public services to the subject property to accommodate the uses permitted or permissible under its proposed zoning classification.

(Ord. No. 2750, § 2, 11-17-97)

(a)

When an amendment to this chapter is approved, such amendment shall be incorporated into the official document or map held at the city offices.

(b)

When an amendment is made to the text, such change shall be incorporated into the official document according to the numbering system established within the ordinance and such amendment shall be made within the time period prior to the enactment of the new ordinance.

(c)

An annual listing of such amendments to the ordinance shall be kept within the official document.

(Ord. No. 2750, § 2, 11-17-97)

No application for an amendment that has been denied by the city council shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of change of condition found to be valid by the community development coordinator.

(Ord. No. 2750, § 2, 11-17-97)

Application for a certificate of compatibility shall be made in the office of the community development coordinator on forms provided therefor and obtainable at said office. Application forms shall specify the information required to determine whether the proposed activity, repairs or construction will be in compliance with the provisions of this chapter. Each application shall be accompanied by all required information as specified on the application form.

(Ord. No. 2750, § 2, 11-17-97)

The following documentation must accompany an application for a certificate of compatibility:

(1)

Site plan.

(2)

Elevation of front and side facades visible from the street.

(3)

Photograph of the existing site and structures surrounding the site.

(4)

Materials list for exterior design.

(5)

Reproduction of (1) and (2) above in an eight and one-half by 11 inch format.

(Ord. No. 2750, § 2, 11-17-97)

Prior to submitting a request for a certificate of compatibility, the applicant shall meet with the community development coordinator to review conceptual plans. The purpose of the pre-application meeting is to inform the applicant about the overlay district design standards, and to prevent confrontation after submittal.

(Ord. No. 2750, § 2, 11-17-97)

All applications shall be reviewed and a decision in writing rendered thereon within 45 days of receipt of and acceptance of the fully completed application and supporting documentation. However, where such application involved new construction the review time shall be extended to 60 days.

(Ord. No. 2750, § 2, 11-17-97)

The board of zoning appeals shall hear testimony concerning appeals from any final order or decision made by the community development coordinator concerning this chapter and render a final decision on such matters.

(Ord. No. 2750, § 2, 11-17-97)

An appeal may be filed with the board of zoning appeals by any person, firm, or corporation, or by any office, department, board, bureau, or commission directly affected by an administrative order, requirement, decision, or determination under this chapter by the community development coordinator.

(Ord. No. 2750, § 2, 11-17-97)

An appeal shall be filed in writing on a form provided by the community development coordinator. The community development coordinator shall forward the appeal to the board of zoning appeals for its consideration. Such appeal shall be taken within such time as shall be prescribed by the board of appeals by general rule, by filing with the community development coordinator and with the board of appeals a notice of appeal, specifying the grounds thereof. The community development coordinator shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken.

(Ord. No. 2750, § 2, 11-17-97)

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

(Ord. No. 2750, § 2, 11-17-97)

The board of zoning appeals shall hold one public hearing in conformance with the requirements of section 17-330, Public Hearing Procedures, to review, consider, and approve, approve with conditions, or disapprove an appeal after the following public notification is given by the community development director.

(1)

Mailing. Notice shall be provided a minimum of 15 calendar days and no more than 30 calendar days in advance of the public hearing, to all owners of land within 250 feet (exclusive of intervening streets and alleys) of the periphery of the land subject to the application whose names and addresses are known by reference to the most recently published ad valorem tax records of the county assessor, except that when the land is improved with a condominium, notice shall be given to the condominium association. Notice shall be presumed to have been given when mailed in accordance with these provisions.

(2)

Legal notice. Legal notice shall be given by advertisement in a local newspaper of general circulation a minimum of 15 calendar days and no more than 30 calendar days in advance of the public hearing.

(Ord. No. 2750, § 2, 11-17-97; Ord. No. 25-01, 2(Exh. A), 2-3-25)

The board of zoning appeals shall hear testimony and evidence concerning appeals and shall render a final decision on all appeals. Such decision shall become part of the minutes of the board of zoning appeals.

(Ord. No. 2750, § 2, 11-17-97)

All required filing fees shall be paid to the City Clerk of the City of Macomb.

(Ord. No. 2750, § 2, 11-17-97)

Applicable fees for the filing of applications pursuant to this Development Ordinance, and for penalties incurred pursuant to article IV, division 12 of the Code, shall be as listed in chapter 24, the city fee schedule.

(Ord. No. 2750, § 2, 11-17-97; Ord. No. 08-32, §§ 2, 3, 7-7-08)

The community development coordinator or his or her designee is hereby designated to enforce this chapter. References within this chapter to the community development coordinator or designee shall include the zoning enforcement officer. The city council may also, by resolution, provide that a building inspector act as the zoning enforcement officer. It shall be the duty of all city employees and officials to cooperate with the community development coordinator, in his or her position as zoning enforcement officer, in the performance of his or her duties.

(Ord. No. 2750, § 2, 11-17-97)

Whenever the community development coordinator has reasonable cause for or receives a complaint alleging a violation of this chapter, or when there are reasonable grounds to believe that a violation exists, he or she shall investigate the complaint and shall take whatever action is warranted in accordance with the provisions of this chapter.

(Ord. No. 2750, § 2, 11-17-97)

The community development coordinator or designee may make inspections of all buildings, structures and premises located within the city to determine their compliance with the provisions of this chapter.

(1)

Such inspection may take place upon reasonable cause, including but not limited to the observations of the community development coordinator or designee; information brought to the attention of the community development coordinator or designee, or airy complaint received by the community development coordinator, or if such inspection is undertaken as part of a regular inspection program whereby certain areas of the city are being inspected in their entirety.

(2)

Such inspection shall be made by the community development coordinator or his or her authorized representative;

(3)

Any person making such inspection shall furnish to the owner or occupant of the building, structure or premise to be inspected, sufficient identification and information to enable the owner or occupant to determine that the person is a representative of the city and the purpose of the inspection. The community development coordinator or his or her authorized representative may apply to any court of competent jurisdiction for a search warrant or other legal process for the purpose of securing entry to any premises if the owner shall refuse to grant entry.

(Ord. No. 2750, § 2, 11-17-97)

(a)

If the community development coordinator finds that any provision of this chapter is being violated, he/she shall send a written notice to the person responsible for such violation indicating the nature of the violation, ordering the action necessary to correct, and specifying a reasonable amount of time for the correction of the violation or the performance of any other act required. Additional written notices may be sent at the discretion of the community development coordinator's.

(b)

The notice of the community development coordinator shall be served upon the owner or the owner's agent or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof: 1) is served personally, or 2) is sent to the last known address, or 3) is posted in a conspicuous place in or about the building, structure or premises affected by the action.

(c)

Notwithstanding the foregoing in cases when delay would seriously threaten the effective enforcement of this chapter or pose a danger to the public peace, health, safety, or welfare, the community development coordinator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in Division 10, Appeals.

(Ord. No. 2750, § 2, 11-17-97)

(a)

Violations of the provisions of this chapter or failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with approval of a variance, special use or development approval, shall constitute a misdemeanor of the first degree.

(b)

Each day that any violation continues after notification by the community development coordinator that such violation exists shall be considered a separate offense for purposes of the penalties and remedies specified in this section.

(c)

The city attorney may, upon a violation of this chapter having been called to his attention, institute injunction, mandamus, abatement or any other appropriate action to prevent, enjoin, abate or remove any unlawful construction, reconstruction, alterations, conversion, maintenance or use. Such action may also be instituted by any property owner who may be damaged by any violation of this chapter.

(Ord. No. 2750, § 2, 11-17-97)

A special use permit may be revoked by the planning commission or a variance may be revoked by the zoning board of appeals, in accordance with the provisions of this section, if the recipient of the special use permit or the variance fails to develop or maintain the property in accordance with the plans submitted, the requirements of this chapter, or any additional requirements lawfully imposed as a condition of approval of a special use or variance. Before a special use permit or variance can be revoked, the community development coordinator shall undertake the following procedures:

(1)

Notice and opportunity to comment. The community development coordinator shall cause a written notice of intent to revoke the special use permit or variance to be delivered to the property owner at least 15 and no more than 30 days prior to the date of the proposed revocation. The notice of intent to revoke the special use or variance shall inform the recipient of the alleged reasons for the revocation and of his right to obtain a hearing on the allegations.

(2)

Hearing. A property owner is entitled to a hearing before the planning commission for a proposed revocation of a special use permit, and/or a hearing before the board of zoning appeals for a proposed revocation of a variance. The community development coordinator is responsible for scheduling the hearing request on the agenda of the planning commission or board of zoning appeals within 35 days of the date on which the request for hearing is filed.

(3)

Decision rendered. If the revocation was subject to a public hearing, the board of zoning appeals or planning commission shall render a decision upon the proposed revocation within a reasonable time of such hearing. Such decision shall be rendered by written order containing the specific reasons or findings of fact that support the decision.

(4)

Notification of decision. The community development coordinator shall send such decision within five working days to the holder of the special use permit or variance and any other person previously requesting notification.

(5)

Evidence. The burden of presenting sufficient evidence to the community development coordinator, the board of zoning appeals, or the planning commission to establish the need to revoke the special use permit or variance for any of the reasons set forth in this section shall be upon the party proposing the revocation.

(6)

Result of revocation. No person may continue to make use of land or buildings in the manner authorized by any special use permit or variance if it has been revoked in accordance with the provisions of this section.

(7)

Records. A record of all written notices of the intent to revoke a special use permit or variance shall be kept on file in the office of the community development coordinator.

(Ord. No. 2750, § 2, 11-17-97)