(a)   No land development activity requiring review and approval under this Division shall be initiated without having first received such review and approval.

   (b)   Review procedures differ depending upon the type of proposal. Generally, the procedures for all applications have three common elements: (1) submittal of a complete application, including required fee payment along with appropriate information; (2) review of the submittal by appropriate City staff and related agencies; and (3) action to approve, approve with conditions, or deny the application. Submittal dates and review time periods are established as part of the administrative policies and supplemental procedures of the City, copies of which may be obtained from the zoning administrator.

   (c)   Table 35-2100.1. summarizes the procedures, agencies and personnel involved in the administrative development review process. Detailed information about the general procedures and applications and the agencies and public bodies involved in the process, and methods of appeal, are further discussed in Sec. 35-2101.

 

 

 

(Ord. No. 3007-2025; Table 35-2100.1 amended; passed 2/4/25)

   The following elements are common to all procedures unless modified by more specific provisions.

   (1)   DECISION-MAKING.

      a.   Decision-maker . Unless specified otherwise, the zoning administrator shall approve, conditionally approve, or disapprove all applications for an administrative permit.

      b.   Action . After the applicant has had the opportunity to respond to the comments of staff and other agencies, the zoning administrator shall decide on the application based on the applicable review criteria. At the applicant’s request, the zoning administrator may provide another set of comments and allow the applicant an additional opportunity to respond before rendering a decision.

      c.   Authority to Condition Development Approvals . After a review of the application and other pertinent information, the zoning administrator may impose conditions to assure compliance with applicable standards stated in this Code. The zoning administrator shall include a copy of the conditions with the record of the decision. The applicant shall be notified of any conditions imposed on the application.   

   (2)   APPEAL FROM AN INTERESTED PARTY, AND AMENDMENTS . The zoning administrator’s decision is final unless a written appeal is received. The form and requirements of an appeal shall be in accordance with the provision in Sec 35-2208. A permit shall be amended through the same process specified for the type of original approval, as may be amended.

   (3)   VALIDITY . Unless otherwise provided herein or on the permit, all administrative permits shall expire within one year of issuance; however, the zoning administrator may approve an extension of up to six months upon receipt of an application providing evidence that the applicant can proceed with the initial permit in conformance with currently adopted codes and policies.

   (4)   CONTINUED COMPLIANCE . Once constructed, a development shall remain in substantial compliance with all approved plans and conditions of approval. The developer, owner or occupant shall provide all maintenance necessary to keep the development in substantial compliance. Failure to achieve substantial compliance by, including but not limited to, the replacement of required plant materials that have died or are diseased, shall constitute a violation of this Code.

   (5)   ENFORCEMENT AND REVOCATION . In accordance with the provision of this Code the zoning administrator may revoke any permit for failure to comply with the conditions of the permit.

   (a)   PURPOSE . A zoning certificate is needed to ensure that all applicable building permit applications are consistent with the provisions of this Code.

   (b)   APPLICABILITY . No person shall establish, modify or expand a structure, until a zoning certificate has been obtained in accordance with requirements contained herein and a building permit obtained pursuant to adopted building codes.

   (c)   REVIEW CRITERIA . The proposed development shall:

   (1)   Be located on a lot or parcel that is authorized for development by this Code;

   (2)   Be consistent with the zoning district and use provision established in Article III of this Code;

   (3)   Have access to adequate public facilities and services in conformance with this Code and other City requirements; and

   (4)   Have received all other applicable local, state and federal permits.

   (d)   APPLICATION, REVIEW AND DECISION-MAKING PROCEDURES. Application requirements, processing procedures and decision-making are described in Table 35-2100.1. and Sec. 35-2101 with the following modification:

   (1)   Validity . A zoning certificate shall be valid for six months during which the applicant shall obtain a building permit. Once a building permit is obtained, the zoning certificate shall be valid for as long as the building permit remains valid.

   (a)   PURPOSE . A building permit is needed to ensure that all structures comply with the provisions of this Code and the adopted Moline Building Code pursuant to adopted building codes.

   (b)   APPLICABILITY . No person shall construct or modify a structure until a zoning certificate has been obtained and a building permit has been issued.

   (c)   REVIEW CRITERIA . The proposed structure shall:

   (1)   Have an approved zoning certificate; and

   (2)   Conform with the adopted building code, fire code, electrical code, plumbing code, health code, mechanical code, and any other applicable codes and policies.

   (d)   APPLICATION, REVIEW AND DECISION-MAKING PROCEDURES . Application requirements, processing procedures and decision-making are described in Table 35-2100.1. and Sec 35-2101 with the following modifications:

   (1)   Applications . Applications shall be submitted to the building official on forms supplied by that official;

   (2)   Inspections . All building plan reviews and inspections shall be conducted as directed by the building official;

   (3)   Decision-Making . The building official shall decide all requests for a building permit. For appeals of a decision based on adopted building codes, see the adopted Moline Building Code (Chapter 8 of the Moline Code of Ordinance); and

   (4)   Validity . The effective period of a building permit shall be determined by the building official consistent with Chapter 8 of the Moline Code of Ordinances.

   (a)   PURPOSE . A certificate of occupancy/final inspection is needed to ensure that all structures and uses comply with the provisions of this Code and all preceding development permit approvals.

   (b)   APPLICABILITY . Once a use is established pursuant to a development permit, the use shall obtain a certificate of occupancy/final inspection. After issuance of a building permit, the portion of the structure for which the building permit was issued shall not be occupied or used until a certificate of occupancy/final inspection has been approved.

   (c)   REVIEW CRITERIA . The structure/use shall comply with all adopted Codes and all conditions of approval of precedent development permits.

   (d)   APPLICATIONS, REVIEW AND DECISION-MAKING PROCEDURES . The applicant shall contact the zoning administrator and/or building official to obtain required intermittent and final inspections. For certain types of building permits, the building official may issue a certificate of occupancy upon passage of a final inspection; however, the certificate of occupancy shall not be valid until approved by the zoning administrator.

   (a)   PURPOSE . The site plan review provisions are intended to promote the safe, functional and aesthetic development of property and to ensure that new structures, utilities, streets, parking, circulation systems, setbacks, landscaping and open spaces are developed in conformance with the standards of this Code, the Comprehensive Plan, and consistent with any adopted overlay district standards. The site plan review shall consider the siting of structures and related site improvements to promote harmonious relationships with each other and adjacent development.

   (b)   APPLICABILITY . Site plan review and approval shall be required for all of the following, prior to the issuance of a zoning certificate and a building permit:

   (1)   All site development on a nonconforming lot as per Sec. 35-3110;

   (2)   A change from one nonconforming nonresidential use to another as per Sec. 35-3111(c);

   (3)   Rebuilding a nonconforming residential use to the previous density as per Sec. 35-3111(d);

   (4)   Remodeling or expansion of a nonconforming site or structure as per Sec. 35-3112;

   (5)   All residential infill development not requiring a special use permit as per Sec. 35-3211;

   (6)   All site development in the “O-1” district as per Sec. 35-3304;

   (7)   All site development in the “ORT” district as per Sec. 35-3305;

   (8)   All site development in the “B-1” District as per Sec. 35-3307;

   (9)   All site development in the “NC” district as per Sec. 35-3308;

   (10)   All site development in the “B-2” district as per Sec. 35-3309;

   (11)   All uses in Division 4 of Article III for which a site plan review is explicitly required; and

   (12)   All site development on a property containing a protected natural resource as per Division 1 of Article IV.

   (c)   REVIEW CRITERIA . The application shall demonstrate that the proposed development complies with all of the following:

   (1)   Adopted plans and policies , such as:

      a.   The Comprehensive Plan and any applicable corridor, special area or neighborhood plans; and

      b.   The Official Map, trails plan, parks plan and other applicable plans and policies of the City.

   (2)   Other adopted codes and regulations applicable to the site.

   (3)   Applicable previous approvals granted to the project site.

   (4)   Applicable purposes and intents and all development standards of this Code, such as:

      a.   The underlying zoning district; including all building and site design requirements;

      b.   The land use regulations as provided in Division 4 of Article III;

      c.   The site development standards provided in Article IV; and

      d.   The site improvement and performance standards provided in Article V.

   (5)   Quality site design practices, such as:

      a.   Harmonious and efficient organization. All elements of the proposed plan shall be organized harmoniously and efficiently in relation to topography, the size and type of the property affected, the character of adjoining property, and the type and size of buildings. The site shall be developed in a manner that will not impede the normal and orderly development or improvement of surrounding property for uses permitted in this Code;

      b.   Preservation of natural conditions. For unutilized portions of the site, the landscape shall be preserved in its natural state, to the degree practical, by minimizing tree and soil removal and by other appropriate site planning techniques. Terrain and vegetation shall not be disturbed in a manner likely to significantly increase either wind or water erosion within or adjacent to the development site;

      c.   Screening and buffering. Fences, walls or vegetative screening shall be provided as required by this Code and where determined to be needed to protect on-site residents and users from undesirable views, lighting, noise or other adverse effects and to protect residents and users of off-site development from similar adverse effects generated on-site;

      d.   Landscaping. Plant materials shall be in scale with the buildings, the site, and its various uses and surroundings. Plantings should be arranged to harmonize in size, color, texture, and year-round characteristics of the buildings and the development of the site;

      e.   Building location and scale. The scale, character and orientation of proposed buildings and structures shall be compatible with present and permitted uses and structures in the surrounding area;

      f.   Exterior lighting. Exterior lighting shall not interfere with the quiet enjoyment of adjacent properties or the safety of public rights-of-way;

      g.   Underground utilities. In areas served by underground utilities, all utility service lines shall be underground including, but not limited to, water, sewer, natural gas, electrical, telephone and cable television lines;

      h.   Parking and Circulation. Parking, loading and vehicular and pedestrian circulation areas shall be designed to provide safe and efficient movement on-site and to minimize any negative impacts on adjoining streets and properties;

      i.   Access to public ways. Safe and convenient pedestrian, bicycle and vehicular access to public rights-of-way and/or other areas dedicated to common use shall    be provided. The location, size and number of access drives and walkways to a    site shall be arranged to minimize any negative impacts on adjoining streets and properties. Off-site and on-site improvements shall be provided where they will significantly improve safety for vehicles, bicycles and pedestrians;

      j.   Emergency access. Structures and other site features shall be arranged to permit access by emergency vehicles to all buildings; and

      k.   Adequate public facilities and service. Adequate public facilities and services shall be available concurrent with the projected impacts of the development.

   (d)   APPLICATION, REVIEW AND DECISION-MAKING PROCEDURES. Application requirements, processing procedures and decision-making are described in Table 35-2100.1. and Sec. 35-2101, with the following modifications:

   (1)   Validity . An approved site plan shall be valid for six months during which the applicant shall obtain a zoning certificate and a building permit. Once a building permit is obtained, the site plan approval shall be valid for as long as the building permit remains valid.

   (a)   PURPOSE . A zoning compliance letter is issued by the zoning administrator, upon written request of an applicant, certifying that a proposed or existing use or development is or is not in compliance with the provisions of this Code.

   (b)   APPLICABILITY . At any time, a person with an interest in a property may request a zoning compliance letter from the zoning administrator that a proposed or existing use or development on a property is in conformance with the applicable provisions of this Code. Such a request must be submitted in writing and in accordance with the provisions of this subsection. Such requests are strictly voluntary on the part of the applicant; however, in no case shall the issuance of zoning compliance letter alleviate an applicant from having to obtain any other form of development approval otherwise required by this Article.

   (c)   REVIEW CRITERIA . The applicant shall demonstrate that the proposed use or development is in conformance with applicable provisions of this Code and all other adopted codes and policies.

   (d)   APPLICATION, REVIEW AND DECISION-MAKING PROCEDURES . Application requirements, processing procedures and decision-making are described in Table 35-2100.1. and Sec. 35-2102.

   (a)   PURPOSE . The administrative variance is intended to permit a reasonable degree of flexibility in the application and enforcement of all zoning district bulk standards contained within this Code while ensuring that the full purposes and intents of this Code and its regulations are fully met.

   (b)   APPLICABILITY . An administrative variance may be granted for no more than two different bulk standards applicable to a lot.

   (c)   REVIEW CRITERIA . The applicant shall demonstrate that the proposed development complies with all of the following:

   (1)   All of the site plan review criteria provided in Sec. 35-2105;

   (2)   That the variance either increases compliance with the site plan review criteria or that the    need for the variance resulted from a measurement error committed prior to or during development;

   (3)   That no bulk standard is varied from by more than 10%;

   (4)   That no more than two bulk standards have/will receive administrative variances;

   (5)   That no variances requiring review by the zoning hearing officer as per Sec. 35-2207 have been issued or are required for the same property; and

   (6)   That sufficient mitigation of one or more forms (such as increased landscaping, improved building design, etc.) is provided;

   (d)   APPLICATION, REVIEW AND DECISION-MAKING PROCEDURES . Application requirements, processing procedures and decision-making are described in Table 35-2100.1. and Sec. 35-2101.

   (a)   PURPOSE. The procedures of this section are intended to provide a streamlined administrative approval process for minor subdivisions. 

   (b)   APPLICABILITY. Only the following are eligible to use the streamlined, minor subdivision procedures of this section:

   (1)   A land division that results in the creation of 5 or fewer lots, provided that the land division does not require, under this Code, the construction or installation of any public improvements or infrastructure other than individual lot utility service connections and sidewalks;

   (2)   The dedication, acceptance or vacation of a public easement; and

   (3)   The consolidation of lots into a fewer number of lots.

   (c)   REVIEW CRITERIA. In order to be approved, minor subdivision plats must be eligible for processing as a minor subdivision, pursuant to the applicability provisions of Sec. 35-2108b(). The applicant must also demonstrate that the proposed minor subdivision:

   (1)   Is consistent with the Comprehensive Plan and the purposes of this Code;

   (2)   Complies with all applicable regulations of this Code and other laws and ordinances, unless previously waived or modified by the entity with jurisdiction;

   (3)   Will not make any existing lot or structure nonconforming;

   (4)   Will not impede motorized or nonmotorized transportation access for any abutting properties; and

   (5)   Does not require new or upgraded infrastructure and improvements other than sidewalks or individual lot utility service connections, provided that:

      a.   If existing infrastructure and improvements do not meet the infrastructure and improvements standards of this Code, the City engineer in consultation with other affected agencies, is authorized to waive or modify otherwise applicable requirements to upgrade existing infrastructure and improvements.

      b.   Sidewalk waivers or modifications are not allowed through the minor subdivision process. If required sidewalks do not already exist, the developer shall either immediately construct the required sidewalks in accordance with the standards of this Code or the developer shall file a performance guarantee in the amount equal to at least 100% of the estimated cost of the required sidewalks, as estimated by the developer’s engineer and approved by the City engineer. The Law Department shall approve the form and surety of the required financial guarantee. The agreement must specify that the sidewalks be constructed in conformance with the approved plans and specifications within 6 months from the date of the filing of the guarantee.

   (d)   DECISION-MAKER. After review by affected City departments and outside agencies with jurisdiction, the zoning administrator is authorized to approve or deny a minor subdivision based on the review criteria of Sec. 35-2108(c). The zoning administrator is also authorized to defer final decision-making authority in specific cases to the plan commission.

   (e)   APPLICATION, REVIEW AND DECISION-MAKING PROCEDURES. Application requirements, processing procedures and decision-making are described in Table 35-2100.1 and Sec. 35-2101, with the following modifications:

   (1)   General Process. The minor subdivision process requires a pre-application conference in accordance with Sec. Sec. 35-2201(2) and review and approval of a final subdivision plat in accordance with the procedures of Sec. 35-2110. No preliminary subdivision plat review is required.

   (2)   Validity. See Sec. 35-2110(5)b.

   (3)   Appeals. See Sec. 35-2110(5)c.

   (4)   Reporting to Plan Commission. The zoning administrator must provide regular reports to the plan commission regarding decision-making on minor subdivision applications submitted during the reporting period. Reporting to the plan commission must occur at least once each calendar year.

   (a)   PURPOSE. Improvement plans are required in order to allow an accurate determination of whether improvements (e.g., streets, stormwater management, drainage facilities and retaining walls) that are required for subdivisions or developments will conform to the layout and design objectives of the approved preliminary subdivision plat, the standards of this Code and other applicable standards and specifications.

   (b)   APPLICABILITY. Improvement plan approval, in accordance with the procedures of this section, is required for any subdivision or development in which infrastructure or improvements are required.

   (c)   REVIEW CRITERIA. In order to be approved, the applicant must demonstrate that proposed infrastructure and improvements comply with all applicable regulations of this Code, the City of Moline Supplemental Specifications and all other applicable laws and ordinances.

   (d)   DECISION-MAKER. The City engineer is authorized to take final action to approve or deny all applications for improvement plan approval. If the City engineer determines that the improvement plans do not comply with applicable regulations and standards, the City engineer is authorized to require that modifications be made to bring the improvement plans into compliance with such regulations and standards.

   (e)   APPLICATION AND REVIEW PROCEDURES. Application requirements, processing procedures and decision-making are described in Table 35-2100.1 and Sec. 35-2101, with the following modifications:

   (1)   Improvement plans may be submitted with a preliminary subdivision plat or the developer may elect to obtain preliminary subdivision plat approval before submitting detailed improvement plans, in which case improvement plans must be submitted before or concurrently with the final subdivision plat submittal.

   (2)   When conditions warrant, the City engineer may require that preliminary engineering or improvement plans be submitted during the preliminary subdivision plat review process in order to determine the land’s suitability for the preliminary subdivision plat design.

   (3)   If only a single portion or phase of an approved preliminary subdivision plat will be submitted for final subdivision plat approval and a phasing plan has been approved at the time of preliminary subdivision plat approval, improvement plans are required to be submitted for only that phase. However, the entire area of the proposed development, as well as any additional area necessary to properly design facilities, must be the basis for design and must be so indicated.

   (f)   RESPONSIBILITY FOR PREPARATION.  Improvement plans for streets, utilities, and other required public improvements must be prepared by an Illinois licensed registered professional engineer retained by the developer.

   (g)   CONSTRUCTION SCHEDULE. Before approval of the improvement plans, the applicant must submit a general schedule of the timing and sequence for construction of all required improvements to:

   (1)   The City engineer;

   (2)   All approving agencies; and

   (3)   All public utility companies that will service the subdivision.

   (h)   TIMING OF IMPROVEMENTS. Except upon the written approval of the City engineer, no grading, removal of trees or other vegetation, land filling, construction of improvements, or other material change, except for the purpose of aiding in preparation of final engineering drawings or plans, may begin on the subject property until the applicant has obtained necessary approvals and permits from all affected City, County, State and federal agencies.

   (a)   PURPOSE. A final subdivision plat is a record of the approved subdivision, as surveyed in the field. It shows property lines and other dimensions important to the developer in selling lots and to the public in maintaining accurate records of street lines, easements, utility locations and other property information. Review and approval of final subdivision plats is required in order to determine if lots, dedications and improvements comply with the approved preliminary subdivision plat (if one was required) and with all applicable regulations.

   (b)   APPLICABILITY. The final subdivision plat approval procedures of this section must be followed for all proposed land divisions that do not qualify as exempt subdivisions under the Illinois Plat Act. For subdivisions other than minor subdivisions (See Sec. 35-2108), review and approval of a preliminary subdivision plat is required before the filing of an application for final subdivision plat approval.

   (c)   REVIEW CRITERIA. In order to be approved, the applicant must demonstrate that the proposed final subdivision plat:

   (1)   Is in substantial compliance with the approved preliminary subdivision plat (if one was required) and with any conditions of approval placed on the preliminary subdivision plat; and

   (2)   Complies with all applicable regulations of this Code and other laws and ordinances, unless previously waived or modified by the entity with jurisdiction.

   (3)   A final subdivision plat may not be approved until an improvement plan (if one was required) has been approved in accordance with Sec. 35-2109 and:

      a.   All required improvements have been completed; or

      b.   A performance guarantee has been provided in accordance with Sec. 35-4209; and

      c.   Necessary title assurances have been given.

   (d)   DECISION-MAKER. The zoning administrator is authorized to take final action to approve or deny applications for final subdivision plat approval except those that involve dedications of land or public improvements to the City. Only the City Council is authorized to take action on final plats that include offers to dedicate land or improvements to the City. Such action shall be in accordance with 65 ILCS 5/11-12-8.

   (e)   APPLICATION AND REVIEW PROCEDURES. Application requirements, processing procedures and decision-making are described in Table 35-2100.1 and Sec. 35-2101, with the following modifications:

   (1)   Effect of Approval; Recording. Once a final plat has been approved, it must be recorded with the Rock Island County Recorder of Deeds. Once the approved final plat has been recorded, lots may be offered for sale and conveyed, and permits may be issued for building and construction on such lots. The Rock Island County Recorder of Deeds may not record any final plat of a subdivision located within the subdivision jurisdiction of the City of Moline until that final plat has been approved by the City.

   (2)   Validity. If an approved final plat is not recorded with the Rock Island County Recorder of Deeds within 90 days of the date of approval by the City, the final plat approval shall lapse and be null and void.

   (3)   Appeals. The applicant may appeal a decision of the zoning administrator to deny final subdivision plat approval by filing a written appeal with the zoning administrator. Such appeals must be filed within 10 days of the date of the decision being appealed. If an appeal is filed, the plan commission shall consider the final plat application as a new matter and take final action using the same requirements and criteria that apply to final subdivision plat decisions made by the zoning administrator.

   (4)   Acceptance of Dedications.

      a.   Only the City Council is authorized to accept offers to dedicate land or improvements to the City.

      b.   All facilities and improvements proposed to be dedicated to the public must be maintained by the property owner until the offer of dedication has been officially accepted by the City or other authorized pubic authority. In order to ensure proper maintenance of streets and other public improvements, a maintenance guarantee may be required. (See also Sec. 35-4210)

      c.   The City may not accept an offer of dedication of any improvements until the City engineer or a competent professional approved by City and retained by the developer has certified to the City, by completing and filing with the City clerk a document, stating that such improvements have been constructed in accordance with the requirements of this Code and any other applicable standards.

   No land development activity requiring review and approval under this Division shall be initiated without having first received such review and approval.

   Review procedures differ depending upon the type of proposal. Generally, the procedures for all applications have three common elements: (1) submittal of a complete application, including required fee payment along with appropriate information; (2) review of the submittal by appropriate City staff, agencies and boards; and (3) action to approve, approve with conditions, or deny the application. Submittal dates and review time periods are established as part of the administrative policies and supplemental procedures of the City, copies of which can be obtained from the zoning administrator.

   Table 35-2200.1 summarizes the procedures, agencies and review bodies involved in the non-administrative development review process. Detailed information about the general procedures and applications and the agencies and review bodies involved in the process, and methods of appeal, are further discussed in Sec. 35-2201.

 

 

 

(Ord. No. 3034-2006; deleted in its entirety “Notices Mailed” column; 8/15/06; Ord. No. 3036-2016; new row entitled “Waiver or Modification;” 12/20/16; Ord. No. 3004-2020; new row entitled "Special Use Permit-Adult Use Cannabis;" 02/11/20)

   The following elements are common to all procedures unless otherwise modified by more specific provisions.

   (1)   TIME FRAMES . The time frames for action on the part of the City are established as part of the administrative policies of the City, a copy of which can be obtained from the zoning administrator.

   (2)   PRE-APPLICATION CONFERENCE .

      a.   Purposes. The general purposes of a pre-application are to:

         1.   Obtain a complete understanding of the proposed project and the applicant’s specific objectives;

         2.   Identify all of the approvals necessary to construct the proposed development;

         3.   Identify all of the documents plans, drawings, fees and other materials necessary for a complete application;

         4.   Identify the most significant issues that the development will need to address in order to gain approval; and

         5.   Provide the applicant with direction on how to meet the requirements of this Code and other applicable codes, regulations and policies.

      b.   Applicability . Table 35-2200.1. indicates the development permits for which a pre-application conference is required or recommended. The zoning administrator may waive the pre-application conference when in such administrator’s discretion there is substantial evidence to show that the purposes of the Code can be met without having to conduct such a conference.

      c.   Application Submittal Requirements . Submittal requirements for various types of development permits are available from the planning and development department. These requirements are typical for the type of approval required; however, the scope of any specific development application may require different types or levels of information. At the pre-application conference, the zoning administrator shall determine what information shall be submitted in order to provide for an adequate assessment of the project. At any time during the processing of any application, additional information may be required to address issues or concerns that may not have been evident at the pre-application conference. Requirements and information from the pre-application conference shall be recorded on a form supplied by the department and made part of the development file upon submittal of the application.

   (3)   NOTICE.  

      a.   Purpose . Public hearings under this Division 2 and notice thereof provide the opportunity for input in decisions that may affect the community. Public participation ensures that decisions reflect consideration of the community interest and ensure that the applicant and other interested parties are given due process – the opportunity to be heard. Accordingly, nothing herein shall prohibit the zoning administrator from providing public notice that meets or exceeds those requirements for any type of development permit, whenever such notice will further the purposes and intent of this Code.

      b.   Published Notice .

         1.   Except as otherwise specifically provided in this section, in any instance in which a public hearing is required, a notice setting forth the date, time, place and purpose of such hearing, the general nature of the request or matter to be heard, the name of the applicant and property owner, and identification of the subject property must be published at least once in a newspaper of general circulation in that city; and

         2.   With all other required application material, the applicant shall either provide the information for the notice, or bear the cost of collection, to the zoning administrator who shall be responsible for preparing notice for publication.

      c.   Mailed Notice. Notice, containing at a minimum the same information as paragragh (b) above, shall be mailed to property owners within 250 feet of the subject property, including the subject property, not more than 30 days nor less than 15 days before a public hearing related to the subject property. If less than 20 unique adjacent property owners are identified, the surrounding distance shall be increased until a minimum of 20 such owners are identified.

   (4)   REQUEST FOR A CONTINUANCE PRIOR TO HEARING.  

      a.   An applicant shall have the right to one continuance before the plan commission, zoning hearing officer or City Council, provided that a written request is filed with the zoning administrator at least five business days prior to the date of the hearing being continued. If an application is not continued in this manner, the right to a continuance shall be waived. There is no taking of rights from application to another. Additional continuances shall be per (6)(d) of this section.

      b.   An applicant requesting a continuance shall make reasonable efforts to notify all persons previously advised of the hearing that a continuance has been requested. Reasonable efforts shall include, but not be limited to, personal notice, broadcast or print media notice and any other form of notice determined by the zoning administrator to be reasonable. The applicant shall reimburse the City and provide all materials necessary to provide published and mailed notice of the rescheduled public hearing date to surrounding property owners in the same manner and in accordance with the same time schedule as for the original date.

      c.   The review body scheduled to conduct the hearing shall, upon compliance with this section, grant the continuance to a time and date certain, to be decided at its discretion. The hearing may be continued without being opened for public testimony. Requests for    additional continuances shall be heard as per (6)(d)of this section.

   (5)   WITHDRAWAL OF APPLICATION. At any time prior to the hearing on an application, the applicant may request in writing that the application be withdrawn from consideration, subject to forfeiture of fees. After a hearing is opened an applicant may request a withdrawal; however, the body conducting a hearing shall decide whether or not to approve the request and may approve the request either with or without prejudice.

   (6)   PUBLIC HEARING PROCEDURES.   

      a.   Timing . When the zoning administrator determines that a development permit application is sufficient to be scheduled for a public hearing, notice of such hearing shall be made pursuant to (3) above.

      b.   Purpose of Hearing . The purpose of a public hearing is to allow the applicant and all    other parties a reasonable and fair opportunity to be heard, to present evidence relevant to the application, to rebut evidence presented by others, and for interested parties, the additional opportunity to cross-examine as permitted by law.

      c.   Conduct of Hearing .

         1.   Any person or persons may appear at a public hearing and submit evidence, either individually or via a representative. Each person who appears at a public hearing shall state, for the record, his or her name, address, and if appearing on behalf of an organization or group, the name and mailing address of the organization or group. Persons claiming “interested party” status shall so qualify and register with the City as per adopted administrative policies, a copy of which can be obtained from the zoning administrator.

         2.   The zoning administrator’s report and recommendations shall be made available prior to the public hearing. The chair may direct that the zoning administrator provide a summary presentation of the report and recommendations.

         3.   The chair shall exclude testimony or evidence that is irrelevant, immaterial or unduly repetitious. Cross examination of witnesses shall be permitted as per the adopted administrative policies of the review body. At any point, members of the body conducting the hearing may ask questions of the applicant, staff or public.

      d.   Continuance .

         1.   Request for a continuance at the hearing. At any time prior to a final    decision, an applicant may request an application be continued for further proceedings. In so doing, the applicant shall state the reasons of the request. The granting or denial of a request for a continuance at this stage of the process    shall be at the sole discretion of the body conducting the hearing. A majority vote of those members in attendance shall be required to grant a continuance. The record shall reflect the reason(s) such continuance was granted, any stipulations or conditions placed upon the continuance, and the date and time at which the matter will be heard.

         2.   Directed continuance. At any time prior to a final decision on a request for a development permit, the zoning hearing officer, plan commission or City Council may on its own motion continue a hearing. A majority vote of those members in attendance shall be required to direct a continuance of an item. The record shall reflect the reason(s) such continuance was granted, any stipulations or conditions placed upon the continuance, and the date and time at which the matter will be heard.

         3.   Rules of construction. The provisions concerning requests for continuances at a hearing and directed continuances shall be liberally construed by the public body when the purpose or expected result of the continuance is:

            a.   Increased efficiency in the development review process;

            b.   A reassessment of a design or a position;

            c.   Consideration or re-consideration of evidence in favor or opposed to an    application; and /or

            d.   Any other opportunity for the process to work toward the goal of guiding and accomplishing coordinated and harmonious development of the City and its environs.

         4.   Purpose. The purpose of the section is to generally encourage efficiency and to that end the legal issues of formality shall be de-emphasized but not to the point of compromising fundamental fairness and due process.

      e.   Record of Proceedings .

         1.   The body conducting the hearing shall record the proceedings by any appropriate means and according to such procedures as the City may, from time to time, prescribe by administrative policies.

         2.   The record of all proceedings, including testimony and statements of personal opinions, the minutes of the secretary, all application, exhibits and papers submitted, all staff and advisory body or commission reports and recommendations, and the decision and report(s) of the body before which the hearing is heard shall constitute the record.

      f.   Additional Rules . The body conducting the hearing may adopt rules of procedure to limit the number of applications for development approval which may be considered per meeting and to limit the time for each presentation, or each speaker.

   (7)   DECISION-MAKING.

      a.   Action. Following a public hearing as described in (6) of this section, the appropriate acting body shall (as indicated in Table 35-2200.1.) decide or recommend to approve, approve with conditions, or deny applications. The acting bodies shall base decisions or recommendations on consideration of evidence and analysis presented including, but not limited to, the following:

         1.   conformance with the Code, the adopted Comprehensive Plan and other    adopted plans, overlay districts, standards and policies;

         2.   recommendations of staff and recommending bodies as applicable;

         3.   review agency input;

         4.   public input and testimony received at the hearing; and

         5.   effects of the proposal on the neighborhood, area, and community-at-large.

      b.   Authority to Condition Development Approvals . After review of the application, other pertinent documents and any evidence made part of the public record, the recommending and decision-making bodies may impose conditions as are reasonably necessary to assure compliance with applicable general or specific standards stated in the Code. The zoning administrator shall include a copy of the conditions with the record of the decision. The applicant shall be notified of any conditions imposed on the application.

      c.   Plan Commission as Recommending Body to City Council . For items that the plan commission is the recommending body pursuant to Table 35-2200.1., a recommendation for denial shall require a two-thirds (2/3) affirmative vote of the City Council to be approved.

      d.   Plan Commission as Decision-Making Body . The plan commission shall conduct hearings and render final decision for items that the plan commission is the decision-making body pursuant to Table 35-2200.1.

      e.   City Council . The City Council shall act upon applications pursuant to Table 35-2200.1.

      f.   Review and Decision by Zoning Hearing Officer (ZHO) . The ZHO shall conduct hearings and render final decision for items that the ZHO is the decision-making body pursuant to Table 35-2200.1.

   (8)   SCOPE OF ACTION. The review body may take any action on an application that is consistent with the notice given, including approval of the application, conditional approval of the application or denial of the application. The reviewing body may allow amendments to the application if the effect of the amendments is to reduce the density or intensity of the original application, reduce the impact of the development, or reduce the amount of land involved from that indicated in the notices of the hearing. The reviewing body may not, in any case, permit a greater amount of development, a more intensive use, a larger land area than indicated in the original application, or a greater variance than was indicated in the notice.

   (9)   POST-DECISION PROCEEDINGS.

      a.   Appeals . Any interested party aggrieved by a final decision by any decision-maker may    appeal the final action in accordance with the provisions of Sec. 35-2208.

      b.   Amendments and Revisions to Approval .

         1.   Unless provided otherwise by this Code, the zoning administrator may approve minor revisions to an approved application. Minor revisions must be authorized in writing by the zoning administrator and are subject to appeal to the original final decision-maker. Authorized minor revisions are those that are necessary in light of technical considerations that do not substantively change the character of the development approval; and

         2.   If the zoning administrator determines that a requested revision is not minor, approval of the revision by the original final decision-maker is required in accordance with the procedures established for the original consideration of the application.

   (10)   VALIDITY .

      a.   Time of Expiration . Unless otherwise specifically provided for in this Code, development approvals shall expire and become null and void, all activities taken pursuant to such approved development applications shall cease, and all activities    pursuant to such approval thereafter shall be deemed in violation of this Code, when:

         1.   The applicant fails to satisfy any condition that was imposed as part of the original or revised approval of the development application, or that was made pursuant to the terms of any development agreement application, including the failure to abide by specified time limits established therein; or

         2.    The applicant fails to present a subsequent development application as required by this Code within the time so required or as may be required by the Illinois Compiled Statutes. If no time limit for satisfaction of conditions is specified in the original or revised approval of the development application, the time shall be presumed to be one year from the date of approval.

      b.   Extension Procedures.

         1.   Considerations. Unless otherwise prohibited by Illinois law or this Code, an extension of the effective period of the development approval and/or    development phasing schedule may be granted by the decision-making body granting the original approval. In deciding a request for an extension, the    decision-making body shall consider: whether the applicant has demonstrated sufficient cause as to why the original effective period or development phasing schedule cannot be met; and whether development regulations applicable to the project have not or are not proposed to be materially changed so as to render the project inconsistent with the regulations prevailing at the time the extension would expire.

         2.   Requests. Requests for an extension of the effective period of the development approval or development phasing schedule shall be submitted in writing to the zoning administrator prior to the expiration of the original approval. Upon receipt of the request, the zoning administrator shall schedule the matter before the decision-making body.

   (11)   CONTINUED COMPLIANCE . Once constructed and occupied, a development shall continue to provide all necessary maintenance and/or replacement in order to remain in substantial compliance with all approved plans and conditions of approval. Failure to remain in substantial compliance, including the replacement of required plant materials that have died or are diseased, shall constitute a violation of this Code.

   (12)   REVOCATION OF PERMIT OR APPROVAL.

      a.   Duties of Zoning Administrator . If the zoning administrator determines that there are reasonable grounds for revocation of a development permit or approval, other than those provided in (10)(a) above, the zoning administrator shall set a hearing before the final decision-maker. If the decision was made by the zoning administrator, the hearing shall be conducted by the zoning hearing officer. If the City Council was the original decision-maker, it may refer the proposed revocation to the plan commission for a recommendation prior to the hearing.

      b.   Notice and Public Hearing . Notice of the revocation hearing shall be given in the same manner as required for the original application. A public hearing shall be conducted in    accordance with the procedures of this Section.

      c.   Notification of Appeal or Revocation . Whenever an appeal is taken from a final decision, or whenever the City determines to revoke a development permit which was    obtained following a public hearing, mailed notice of the appeal or revocation shall be    prepared and made in the manner prescribed for the original action. If no public hearing    was held prior to obtaining the development permit, mailed notice of revocation shall be    given to the holder of the permit only.

      d.   Decision and Notice . After the conclusion of the hearing, the decision-maker shall render a decision to revoke the permit, to allow the applicant to retain the development permit, or reconsider the permit and shall notify the holder of the permit and any other person who has filed a written request for such notice.

      e.   Effect and Appeals . Unless specified otherwise at the time of the decision, a decision to revoke a development permit shall become final immediately at the time the decision is rendered, unless appealed. After such effective date of revocation, any activities continuing pursuant to such permit shall be deemed to be in violation of the Code.

      f.   Right Cumulative . The City’s right to revoke a development permit, as provided in this    section, shall be cumulative to any other remedy allowed by law.

   (13)   CITY INITIATED REQUESTS . The City administrator, zoning administrator, plan commission, or City Council may initiate a request for any development permit on behalf of the City. Such requests shall not be subject to fees, but shall otherwise follow the same procedures established in this Code.

(Ord. No. 3041-2025; 9/23/25)

   (a)   PURPOSE . The City of Moline’s Comprehensive Plan provides for the guidance, direction and control of growth and development or redevelopment of the City and contiguous territory not more than one and one-half miles beyond the corporation limits of the City. In order to maintain internal consistency within the Comprehensive Plan, all proposed amendments must be evaluated in light of the entire Comprehensive Plan text, goals, policies and maps.

   (b)   APPLICABILITY . All proposed amendments to the text of the Comprehensive Plan or Future Land Use Map shall comply with the provisions of this section. Any proposed development that is inconsistent with the existing goals and policies of the Comprehensive Plan or Future Land Use Map shall receive approval of a Comprehensive Plan amendment prior to approval of any other development permit.

   (1)   Concurrent Review . The applicant may propose that the amendment be considered concurrently with any development review process (e.g., a rezoning or subdivision), or that the Plan amendment be considered separately.

   (c)   REVIEW CRITERIA .  The City shall amend the Plan only if it finds that the specific amendment is consistent with the overall purpose and intent of the adopted Plan. Keeping in mind the broad legislative and other authorities of the City to consider all relevant factors, the decision whether or not to amend the Plan shall consider, at a minimum, whether:

   (1)   There was an error in the original Plan such then existing facts, projects, or trends (that were reasonably foreseeable) were not accounted for;

   (2)   Events subsequent to the adoption of the Plan have invalidated the original premises and findings;

   (3)   The character and/or condition of the area has changed enough that the amendment is acceptable;

   (4)   Public and community facilities are adequate to serve the type and scope of land use proposed;

   (5)   An inadequate supply of suitably designated land is available in the community, as defined by the presiding body, to accommodate the proposed land use;

   (6)   The community or area, as defined by the presiding body, will derive benefits from the proposed amendment; and

   (7)   The change is consistent with all other goals and policies of the Plan, including applicable special area, neighborhood, and corridor plans that are not the subject of the amendment.

   (d)   DECISION-MAKER . For a plan amendment request concerning property within the City, or which is expected to be annexed, the zoning administrator and plan commission shall make recommendations and the City Council shall take final action.

   (1)   Failure of Amendment . If an amendment request fails, any related proposed development must be changed until it is consistent with the Plan.

   (e)   APPLICATION AND REVIEW PROCEDURES . Application requirements and processing procedures are described in Table 35-2200.1. and Sec. 35-2201, with the following modifications:

   (1)   Application Limitations . There shall be no limit on the number of public hearings for Comprehensive Plan amendments as well as no limit to the number of amendments that can be made to the Comprehensive Plan on an annual basis.

   (2)   Application Requirements .

      a.   Minimum Requirements. In making a request for a plan amendment the applicant shall, at a minimum, provide a written response to each of the criteria provided in paragraph (c) of this section.

      b.   Optional Materials. In addition to the written descriptions, justifications and responses required above, the City Council, plan commission, or staff may request additional documents, reposts, studies, plans, and drawings as deemed necessary to fully evaluate and decide upon the request. Applicants are encouraged to comply with all such requests; however, it shall remain the applicant’s right to provide all, part, or none of the requested additional materials. In addition, the applicant may submit whatever additional materials the applicant believes are relevant to the request.

   (3)   Notice; Mailed Notice. A map amendment request relating to more than five (5) percent of the entire incorporated area of the City and all text amendment requests shall not require mailed notice to any property owner. Instead, the zoning administrator shall cause a notice to be published in the legal notices section of a local newspaper of general circulation. The content and timing of said advertisement shall follow the published notice provisions of Sec. 35-2201(3).

(Ord. No. 3041-2025; 9/23/25)

   (a)   PURPOSE . In order to maintain internal consistency within this Code and on the Zoning Map, proposed amendments to the text and Zoning Map must be consistent with the purposes stated herein.

   (b)   APPLICABILITY . All proposed amendments to the text of this Code and Zoning Map shall comply with the provisions of this section.

   (c)   APPROVAL CRITERIA . In determining whether the proposed amendment shall be approved, the following factors shall be considered:

   (1)   Whether the existing text or zoning designation was in error at the time of adoption;

   (2)   Whether there has been a change of character in the area or throughout the City due to installation of public facilities, other zone changes, new growth trends, deterioration, development transitions, etc.;

   (3)   Whether the proposed rezoning is compatible with the surrounding area and defining characteristics of the proposed zoning district or whether there may be adverse impacts on the capacity or safety of the portion of street network influenced by the rezoning, parking problems, or environmental impacts that the new zone may generate such as excessive storm water runoff, water, air or noise pollution, excessive nighttime lighting, or other nuisances;

   (4)   Whether the proposal is in conformance with and in furtherance of the implementation of the goals and policies of the Comprehensive Plan, other adopted plans, and the policies, intents and requirements of this Code, and other City regulations and guidelines;

   (5)   Whether adequate public facilities and services are available or will be made available concurrent with the projected impacts of development in the proposed zone;

   (6)   Whether there is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs; or

   (7)   Whether there is a need in the community for the proposal and whether there will be benefits derived by the community or area by the proposed rezoning.

   (d)   DECISION-MAKER . The zoning administrator and plan commission shall make recommendations and the City Council shall take final action.

   (1)   When the plan commission or City Council deems it necessary or expedient, additional property in the zoning district may be considered for a zoning change provided that this additional property is also addressed in the public hearing notice, in accordance with Sec. 35-2201(6).

   (e)   APPLICATION AND REVIEW PROCEDURES . Application requirements and processing procedures are those described in Table 35-2200.1. and Sec. 35-2201 with the following modifications:

   (1)   Applicant Requirements . An application for a text amendment to this Code or rezoning shall include a written report that addresses each criteria as listed in paragraph (c) of this section.

   (2)   Notice; Mailed Notice . A rezoning request relating to more than five (5) percent of the entire incorporated area of the City and all text amendment requests shall not require mailed notice to any property owner. Instead, the zoning administrator shall cause a notice to be published in the legal notices section of a local newspaper of general circulation. The content and timing of said advertisement shall follow the published notice provisions of Sec. 35-2201(3).

(Ord. No. 3041-2025; 9/23/25)

   (a)   PURPOSE . The concept plan review is an optional process that may provide an applicant with a general, non-binding direction from the plan commission prior to submittal of a development application. Although it is the intent of this process to be as helpful as possible to an applicant in designing a proposed project, applicants should not rely on the direction as an indication of any future decision-making by the plan commission on any subsequent requests for development permits and the City expressly disclaims any direction or the outcome of any future decision-making.

   (b)   APPLICABILITY . A concept plan review may be requested for any type of development that requires a recommendation or final action by the plan commission.

   (c)   REVIEW CRITERIA . The concept plan shall be evaluated using the criteria required for the type of development. The ability of the plan commission to apply the criteria may be limited based on the amount of information provided with the application.

   (d)   DECISION-MAKER . The individual members of the plan commission may provide any and all comments, questions, critiques and direction they deem appropriate to assist the applicant with preparing a subsequent application for a development permit. These comments are strictly advisory and should not be taken as an indication of how the individual members or plan commission as a whole may vote on any subsequent application for a development permit. The plan commission shall not take a formal vote on any portion of the concept plan.

   (e)   APPLICATION AND REVIEW PROCEDURES . Application requirements and processing procedures are those described in Table 35-2200.1 and Sec. 35-2201 with the following modifications:

   (1)   Staff Review, Report and Recommendations . The zoning administrator shall not be required to review the plan, circulate the plan to other agencies, produce a report, or make recommendations but may do any or all of these at said Administrator’s discretion.

   (2)   Notice . Notice is not required unless requested by the applicant. Requested notice shall be the same as that required for the development permits necessary to allow the proposed type of development.

   (3)   Appeal . Because there is no decision, there is no appeal of any direction given by the plan commission; however, in its discretion, City Council may elect to provide direction of its own on any concept plan.

   (a)   PURPOSE . The Planned Unit Development (PUD) district is intended to apply to mixed-use or unique single use projects to provide design flexibility not available through strict application and interpretation of the standards established in Divisions 2 and 3 of Article III. The purpose of the PUD zone is to provide design flexibility as described in Division 6 of Article III. Planned unit development rezonings should be used only when long-term community benefits that may be achieved through high quality development will be derived. Long term community benefits include without limitation:

   (1)   More efficient infrastructure;

   (2)   Reduced traffic demands;

   (3)   A greater quality and quantity of public and/or private open space;

   (4)   Other recreational amenities;

   (5)   Needed housing types and/or mix;

   (6)   Innovative designs; and/or

   (7)   Protection and/or preservation of natural resources.

   (b)   OUTLINE DEVELOPMENT PLAN (ODP).   

   (1)   Applicability. An Outline Development Plan is an optional, but encouraged first step prior to an application for a preliminary development plan for a parcel of at least 20 acres. The purpose of an ODP is to demonstrate conformance with the Comprehensive    Plan, compatibility of land use and coordination of improvements within and among individually platted parcels, sections or phases of a development prior to the approval of a preliminary plan. At ODP, zoning for the entire property or for each “pod” designated for development on the plan is established. This step is recommended for larger, more diverse projects that are expected to be developed over a long period of time. Through this process, the general pattern of development is established with a range of densities and intensities assigned to individual “pods” that will be the subject of future, more detailed planning.

   (2)   Approval Criteria . An ODP application shall demonstrate conformance with all of the following:

      a.   The Comprehensive Plan, Major Street Plan and other adopted plans and policies;

      b.   The rezoning criteria provided in Sec. 35-2203(c);

      c.   The PUD requirements of Division 6 of Article III;

      d.   The applicable corridor guidelines and other overlay districts;

      e.   Adequate public services and facilities being provided concurrent with the projected impacts of the development;

      f.   Adequate circulation and access being provided to serve all development pods/areas to be developed;

      g.   Appropriate screening and buffering of adjacent property and uses being provided;

      h.   An appropriate range of intensity/density of uses for the entire property or for each development pod/area to be developed;

      i.   An appropriate set of “default” or minimum standards for the entire property or for each development pod/area to be developed; and

      j.   An appropriate phasing or development schedule for the entire property or for each development pod/area to be developed.

   (3)   Decision-Maker . The zoning administrator and plan commission shall make recommendations and the City Council shall approve, conditionally approve, or deny all applications for an ODP.

   (4)   Application and Review Procedures . Application requirements and processing procedures are described in Table 35-2200.1. and Sec. 35-2201, with the following modifications:

      a.   Simultaneous Review of Other Plans. An applicant may file an ODP with a preliminary development plan, as determined by the zoning administrator at the pre-application conference.

      b.   Validity. The effective period of the ODP/phasing schedule shall be determined concurrent with ODP approval.

      c.   Required Subsequent Approvals. Following approval of an ODP, a preliminary development plan approval and a subsequent final development plan approval shall be required before any development activity can occur.

   (c)   PRELIMINARY DEVELOPMENT PLAN.

   (1)   Applicability.

      a.   Approved ODP. If the property has an approved ODP, the purpose of the preliminary development plan is to ensure consistency with the uses, density/intensity, bulk, performance, and other standards of the approved ODP and proposed PUD rezoning ordinance for the specific area included in the preliminary plan. Unless specified otherwise with the ODP, the applicant shall    have the option of proposing either a planned unit development district or planned unit development site. Typically, the PUD rezoning ordinance is acted upon at this stage concurrent with action on the preliminary plan. However, should the City Council find that a proposed planned unit development district or site lacks sufficient detail to ensure that future development will be of the intensity and quality proposed by the applicant and envisioned by the City Council, it may defer action on the PUD rezoning ordinance until the final plan stage.

      b.   No Approved ODP. If the property has no approved ODP, the purpose of this stage is to answer the question, “Should this use, with this specific intensity/density, designed in this particular manner, be constructed on this site?” In designing the plan, the applicant shall have the option of proposing either a planned unit development district or planned unit development site. Typically, the PUD rezoning ordinance is acted upon at this stage concurrent with action on the preliminary plan. However, should the City Council find that a proposed planned unit development district or site lacks sufficient detail to ensure that future development will be of the intensity and quality proposed by the applicant and envisioned by the City Council, it may defer action on the PUD rezoning ordinance until the final plan stage.

   (2)   Review Criteria . A preliminary development plan application shall demonstrate conformance with all of the following:

      a.   The ODP review criteria in (b)(2) of this section;

      b.   The applicable preliminary subdivision plat approval of Sec. 35-2210(3);

      c.   The applicable site plan review criteria in Sec. 35-2105;

      d.   The approved ODP, if applicable;

      e.   An appropriate, specific density/intensity of uses for all areas included in the preliminary plan approval; and

      f.   For a PUD District the area of the plan is at least five acres in size or as specified in an applicable approved ODP, or as identified in Sec. 35-3703.

   (3)   Decision-maker . The zoning administrator and plan commission shall make recommendations and the City Council shall approve, conditionally approve, or deny all applications for a preliminary development plan and, at its discretion, the accompanying PUD rezoning ordinance.

   (4)   Application and Review Procedures . Application requirements and processing procedures are described in Table 35-2200.1. and Sec. 35-2201, with the following modifications:

      a.   Concurrent Review of PUD Rezoning Ordinance. The PUD rezoning ordinance shall be considered concurrently with the preliminary plan. However, should the City Council find that a proposed planned unit district or site lacks sufficient detail to ensure that future development will be of the intensity and quality proposed by the applicant and envisioned by the City Council, it may defer action on the PUD rezoning ordinance until the final plan stage.

      b.   Required Concurrent Review of Subdivision. A preliminary plat shall be submitted and reviewed concurrently with a preliminary development plan.

      c.   Density/Intensity Transfer. If the property has an approved ODP, density/intensity of uses may not be transferred between development pods/areas to be developed unless explicitly provided for with the ODP approval or by amending the OPD in the same manner as originally approved.

      d.   Validity. The effective period of the preliminary development plan shall be as determined by the ODP approval, if applicable, or at the time of preliminary plan approval.

      e.   Required Subsequent Approvals. Following approval of a preliminary development plan, final development plan approval shall be required before any development activity can occur, except that permitted with approval of preliminary plat.

   (d)   FINAL DEVELOPMENT PLAN.

   (1)   Applicability . The final development plan and final subdivision plat act as the blueprint for development of a PUD project. The plan and the plat ensure consistency with the approved preliminary development plan and specific development and constructions requirements of various adopted codes. No building permits shall be issued until final    plan approval is obtained.

   (2)   Review Criteria . A final development plan application shall demonstrate conformance with all of the following:

      a.   The approved ODP, if applicable;

      b.   The approved preliminary development plan;

      c.   The approved preliminary plat;

      d.   The approved PUD rezoning ordinance;

      e.   All other applicable development and construction codes, ordinances, and policies;

      f.   The applicable site plan review criteria in Sec. 35-2105; and

      g.   The applicable final subdivision plat approval criteria of Sec. 35-2110(3).

   (3)   Decision-maker . The zoning administrator shall make a recommendation and the plan commission shall approve, conditionally approve, or deny all applications for a final development plan, unless the City Council in its discretion required the final plan be returned to it for final action. In such cases, the zoning administrator and plan commission shall provide recommendations concerning the final plan.

   (4)   Application and Review Procedures . Application requirements and processing procedures shall comply with those described in Table 35-2200.1. and Sec. 35-2201, with the following modifications:

      a.   Concurrent Review of PUD Rezoning Ordinance. If the PUD rezoning ordinance was not acted upon at the preliminary stage, it shall be acted upon concurrently with the final plan review. A final plan shall not be valid unless and until a corresponding PUD rezoning ordinance has been approved.

      b.   Required Concurrent Review of Subdivision. Unless specified otherwise at    the time of preliminary plan approval, if the form of preliminary plan approval was a site development plan, a final plat (if required by Sec. 35-2110) shall be submitted and reviewed concurrently with a final development plan; if the form of preliminary plan approval was a subdivision plan, a final plat may be approved and recorded prior to final plan approval.

      c.   Review of covenants. The City attorney shall review and approve all covenants and restrictions in the best interests of the City, as determined in the City attorney’s exercise of independent professional judgment prior to final development plan approval.

      d.   Form of Final Action. If the final development plan is approved by the plan commission, the surveyor or engineer shall then make any changes necessary or required to comply with final approval conditions.

      e.   Recording. Upon final approval, the plan and plat shall be recorded. The final plat shall, at a minimum, contain all of the following information which is pertinent to the PUD: the setbacks; a list of approved and/or specifically excluded uses; and any pertinent conditions or stipulations which were previously made or imposed.

   (e)   GUARANTEES FOR PUBLIC IMPROVEMENTS.   Except as provided herein, before the plan and plat are recorded, all applicants shall be required to complete, to the satisfaction of the zoning administrator and City engineer, all street, sanitary, and other public improvements, as well as lot improvements on the individual lots of the subdivision as required by this Code. The required improvements shall be those specified in the approved construction plans as per the final subdivision approval. As a condition of final plan and plat approval, the City may permit the applicant to enter into a development improvements agreement and post a guarantee for the completion of all required improvements in accordance with Sec. 35-4209.

   (f)   AMENDMENTS TO APPROVED PLANS.

   (1)   Planned Unit Development Rezoning Ordinance . The use, density/intensity, bulk performance and default standards contained in an approved PUD rezoning ordinance may be amended only as follows, unless specified otherwise in the rezoning ordinance:

      a.   No use may be established that is not permitted in the PUD without amending the rezoning ordinance through the rezoning process. Uses may be transferred between development pods/areas to be developed through an amendment to the ODP and/or preliminary development plan, as applicable, provided the overall density/intensity for the entire PUD is not exceeded.

      b.   The maximum and minimum density/intensity for the entire PUD shall not be exceeded without amending the rezoning ordinance through the rezoning process. Density/intensity may be transferred between development pods/areas to be developed through an amendment to the ODP and/or preliminary development plan, as applicable, provided the overall density/intensity for the entire PUD is not exceeded.

      c.   The bulk, performance and default standards may not be amended for the entire    PUD or an entire development pod/area to be developed without amending the PUD rezoning ordinance through the rezoning process. The bulk default standards may be varied on individual lots within the PUD through an amendment to the preliminary development plan.

   (2)   Outline Development Plan . The approved outline development plan may be amended only by the City Council through the same process by which it was approved, unless the adopted PUD rezoning ordinance provides otherwise. All subsequent preliminary development plans and final development plans must be consistent with the approved outline development plan and rezoning ordinance.

   (3)   Preliminary Development Plan . Unless the adopted PUD rezoning ordinance provides otherwise, the approved preliminary development plan may be amended as follows:

      a.   Minor amendments. The zoning administrator may approve the following amendments for individual lots within the area covered by a preliminary development plan provided all standards in the adopted PUD rezoning ordinance are met:

         1.   Decreases in density and/or intensity so long as the character of the site is maintained;

         2.   Increases in gross floor area of up to 10% so long as the character of the site is maintained;

         3.   Changes in the location and type of landscaping and/or screening so long as the character and intent of the original design are maintained;

         4.   Changes in the orientation or location of parking areas and vehicular and pedestrian circulation areas so long as the effectiveness and character of the overall site circulation, parking and parking lot screening are maintained;

         5.   The reorientation, but not complete relocation, of major structures so long as the character of the site is maintained; and

         6.   Changes in building design and materials so long as the character and intent of the original design are maintained.

      b.   Major Amendments Applicable to Only One Lot. Any change not listed above as a minor amendment to an individual lot shall be deemed a major amendment. Such amendments shall be reviewed by the plan commission using    the same process as the preliminary development plan but with the following review criteria:

         1.   Only the bulk or performance standards may be varied;

         2.   The applicable variance review criteria in Sec. 35-2200; and

         3.   The amendment shall not represent a significant unilateral change in any of the agreed upon deviations from the default standards.

      c.   Major Amendments Applicable to More Than One Lot. All other amendments to the preliminary development plan shall be reviewed by the plan commission using the same process and criteria used for preliminary plan review and approval.

   (4)   Final Development Plan . Amendments to the final development plan may be approved by the plan commission using the same process and criteria used for final development plan and review and approval.

   (g)   LAPSE OF PLAN AND REZONE.

   (1)   If a planned unit development, or any portion thereof, has not been completed in accordance with the approved development schedule, a “lapse” shall have occurred and the terms of all approved plans for incomplete portions of the PUD shall be null and void. If a lapse occurs, the property shall be governed by the zoning district applied to the property immediately before the rezoning to PUD, or an applicant may request a hearing before the plan commission at which time a revocation of all prior approvals shall be considered. If the plan commission determines that a lapse has occurred, the zoning administrator shall publish an appropriate legal notice notifying the public of the plan commission’s finding and revise the Official Zoning Map accordingly. The zoning administrator may, if the zoning administrator deems appropriate, initiate, without owner consent, a zoning change on a lapsed PUD to another zone district.

   (2)   The above notwithstanding, the zoning administrator may, in said administrator’s discretion, permit a single six month extension to any part of, or the entire, approved development schedule.

   (h)   GENERAL PROVISIONS.

   (1)   Binding Approval . Approval of a PUD allows the development and use of a parcel of land under certain, specific conditions. No use of the parcel, nor construction, modification, or alteration of any use or structures within a PUD project shall be permitted unless such construction, modification or use complies with the terms and conditions of an approved final development plan. Each subsequent owner and entity created by the developer, such as property owners’ associations or an architectural review committee, shall comply with the terms and conditions of approval. The developer shall set forth the conditions of approval within the subdivision covenants. Such covenants shall be recorded with the final approved plan and plat.

   (2)   Transfer of Ownership . No person shall sell, convey, or transfer ownership of any property or any portion thereof within a planned unit development zone until such person has informed the buyer of the property’s status with respect to the planned unit development process and conditions of approval. The City shall bear no liability for any person’s misrepresentation of terms and conditions of an existing approval.

   (3)   Planned Unit Development Zone Designation . The zoning administrator shall designate each approved PUD on the Official Zoning Map.

   (a)   PURPOSE . The purpose of a special use review is to provide an opportunity to utilize property for an activity, which under usual circumstances, could be detrimental to other permitted uses and which normally is not permitted within the same district. A special use may be permitted under circumstances particular to the proposed location and subject to conditions that provide protection to adjacent land uses. A special use is not a use by-right and one that is otherwise prohibited without approval of a special use permit.

   (b)   APPLICABILITY . A special use permit shall be required prior to the establishment of any special use identified in Division 4 of Article III or elsewhere in this Code.

   (c)   REVIEW CRITERIA .   The application shall demonstrate that the proposed development will comply with the following:

   (1)   Site Plan Review Standards . All applicable site plan review criteria in Sec. 35-2105(c).

   (2)   District Standards . The underlying zoning district standards established in Article III, including the defining characteristics of the district.

   (3)   Specific Standards . The land use regulations established in Division 4 of Article III.

   (4)   Availability of complementary uses . Other uses complementary to, and supportive of, the proposed project shall be available including, but not limited to: schools, parks, hospitals, business and commercial facilities, and transportation facilities.

   (5)   Compatibility with adjoining properties . Compatibility with and protection of neighboring properties through measures such as:

      a.   Protection of privacy. The proposed plan shall provide reasonable visual and auditory privacy for all dwelling units located within and adjacent to the site. Fences, walls, barriers and/or vegetation shall be arranged to protect and enhance the property and to enhance the privacy of on-site and neighboring occupants;

      b.   Protection of use and enjoyment. All elements of the proposed plan shall be designed and arranged to have a minimal negative impact on the use and enjoyment of adjoining property; and

      c.   Compatible design and integration. All elements of a plan shall coexist in a harmonious manner with nearby existing and anticipated development. Elements to consider include: buildings, outdoor storage areas and equipment, utility structures, building and paving coverage, landscaping, lighting, glare, dust, signage, views, noise, and odors. The plan must ensure that noxious emissions and conditions not typical of land uses in the same zoning district will be effectively confined so as not to be injurious or detrimental to nearby properties.

   (d)   DECISION-MAKER . The zoning administrator shall make recommendations and the plan commission shall approve, conditionally approve, or deny all applications for a special use permit.

   (e)   APPLICATION AND REVIEW PROCEDURES . Application requirements and processing procedures are described in Table 35-2200.1. and Sec. 35-2201, with the following modification:

   (1)   Validity. Once established, a special use permit approval shall run with the land and remain valid until the property changes use or the use is abandoned and non-operational for a period of 12 consecutive months.

   (a)   PURPOSE. A variance is a departure from the dimensional or numerical requirements of this Code where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not as a result of the action of the applicant, a literal enforcement of this Code would result in unnecessary and undue hardship. Variances are permitted only to those portions of this Code as specified herein.

   (b)   APPLICABILITY.

   (1)   As per Sec. 35-2107, the zoning administrator shall decide all requests for variances of up to 10% for certain bulk standards included on Tables 35-3201.1, 35-3201.2, 35-3201.3, 35-3301.1, and 35-3301.2.

   (2)   The zoning hearing officer shall hear and decide all requests for variances of greater than 10% for bulk standards included on Tables 35-3201.1, 35-3201.2, 35-3201.3, 35-3301.1, and 35-3301.2, except for:

      a.   Maximum units per lot, minimum lot dimensions, and maximum floor area ratio on Table 35-3201.1; and

      b.   Minimum lot dimensions and maximum building size on Table 35-3301.1.

   (3)   The zoning hearing officer shall hear and decide all requests for variances to the nonconforming lot, use, site, and structure regulations of Article III, provided that no nonconforming use shall be changed or expanded beyond the limits imposed in Sec. 35-3111.

   (4)   The City Council shall hear and decide all requests for variances to minimum lot dimensions on Tables 35-3201.1. and 35-3301.1. as part of preliminary plat approval.

   (5)   As per the special use review procedures and criteria of Sec. 35-2206, the plan commission shall hear and decide all requests for variances to the maximum building size requirements on Table 35-3301.1.

   (6)   As per this section, the plan commission shall hear and decide variance to all other provisions of this Code, unless otherwise specified.

   (7)   Under no circumstances shall variances be heard or granted for the following:

      a.   The establishment of a use in a district in which such use is not permitted by this Code;

      b.   Residential development which would result in an increase in density greater than that permitted in the applicable zoning district;

      c.   Changes or modifications to any definition contained in this Code; and

      d.   Changes in use of or expansion of a nonconforming use beyond those permitted in Section 35-3111.

   (c)   APPROVAL CRITERIA . A variance is not a right. It may be granted to an applicant only if the applicant establishes that strict adherence to this Code will result in undue hardship because of site characteristics that are not applicable to most properties in the same zoning district. Such variances shall be granted only when the applicant establishes that all of the following criteria are satisfied:

   (1)   Hardship Unique to Property, Not Self-Inflicted . There are exceptional conditions creating an undue hardship, applicable only to the property involved or the intended use thereof, which do not apply generally to the other land areas or uses within the same zone district, and such exceptional conditions or undue hardship was not created by the action or inaction of the applicant or the owner of the property, or any previous property owner;

   (2)   Special Privilege . The variance will not confer on the applicant any special privilege that is denied to other lands or structures in the same zoning district;

   (3)   Literal Interpretation . The literal interpretation of the provisions of the regulations would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship only on the applicant;

   (4)   Reasonable Use . The applicant and the owner of the property cannot derive a reasonable use of the property without the requested variance;

   (5)   Minimum Necessary . The variance is the minimum necessary to make possible the reasonable use of land or structures;

   (6)   Compatible with Adjacent Properties . The variance will not be injurious to, or reduce the value of, the adjacent properties or improvements or be detrimental to the public health, safety or welfare. In granting a variance, the decision-maker may impose conditions deemed necessary to protect affected property owners and to protect the intent of this Code. The decision-maker may consider prospective financial loss or gain to applicant but consideration shall not be sole reason for granting a variance;

   (7)   Conformance with the Purposes of this Code . The granting of a variance will not conflict with the purposes and intents expressed or implied in this Code; and

   (8)   Conformance with the Comprehensive Plan . The granting of a variance will not conflict with the goals and principles in the Comprehensive Plan.

   (d)   DECISION-MAKER. The zoning administrator shall make recommendations and the decision-maker shall approve, approve with conditions, or deny requests for variances.

   (e)   APPLICATION AND REVIEW PROCEDURES. Application requirements and processing procedures are described in Table 35-2200.1. and Sec. 35-2201.

   (a)   PURPOSE . The purpose of this section is to provide for appeals by interested parties of decisions and actions by the zoning administrator and plan commission.

   (b)   APPEAL OF ADMINISTRATIVE INTERPRETATIONS . Any interested party, aggrieved or claimed to be aggrieved by an interpretation of this Code rendered by the zoning administrator may request an appeal of the interpretation in accordance with this section.

   (1)   Approval Criteria . In granting an appeal from an administrative interpretation, the zoning hearing officer shall determine whether the interpretation by the zoning administrator was in accordance with the intent and requirements of this Code.

   (2)   Decision-maker . The zoning hearing officer shall affirm, reverse, or remand the interpretation. In reversing or remanding the interpretation back to the zoning administrator, the zoning hearing officer shall state the rationale for his/her decision.

   (3)   Application and Review Procedures . Application requirements and processing procedures are described in Table 35-2200.1. and Sec. 35-2201, with the following deviations:

      a.   Application Materials. The appellant shall provide a written statement citing the specific provision(s) of this Code the appellant believes the zoning administrator has incorrectly interpreted and the appellant’s own interpretation of the provision(s).

      b.   Notice. Notice of the hearing is not required to anyone other than the appellant.

      c.   Zoning Administrator’s Report. The zoning administrator shall prepare a report detailing the specific provision(s) of this Code that are in question, said administrator’s interpretation of the provision(s) and the general basis of the interpretation. (Ord. No. 3026-2007(2); new Sec. 35-2208(e) enacted; 09/18/07)

   (c)   APPEAL OF FINAL ACTION ON ADMINISTRATIVE DEVELOPMENT PERMITS . Any interested party, aggrieved or claimed to be aggrieved by a final action of the zoning administrator on an administrative development permit may request an appeal of the action in accordance with Table 35-2100.1 and this section, and the Illinois Administrative Review Law, found generally at 735 ILCS 5/3-101, et al.

   (1)   Approval Criteria . In granting an appeal to final action on an administrative development permit, the appellate body shall find the zoning administrator:

      a.   Has acted in a manner inconsistent with the provisions of this Code or other applicable local, state, or federal law; or

      b.   Has made clearly erroneous findings of fact based on the evidence and testimony on the record; or

      c.   Has failed to fully consider mitigating measures or revisions offered by the applicant that would have brought the proposed project into compliance; or

      d.   Has acted arbitrarily, capriciously and/or abused his/her discretion; in which case such arbitrarily, caprice or abuse shall be detailed in written findings and forwarded to the director of planning and development and City administrator.

   (2)   Decision-maker . The appellate body for a particular administrative development permit    shall be as specified on Table 35-2100.1. The appellate body shall affirm, reverse or remand the decision. In reversing or remanding the decision back to the zoning administrator, the appellate body shall state the rationale for its decision. A two-thirds (2/3) vote of the entire membership of the appellate body shall be required to reverse the zoning administrator’s action.

   (3)   Application and Review Procedures . Application requirements and processing procedures are described in Table 35-2200.1. and Sec. 35-2201 with the following deviations:

      a.   Application Materials. The appellant shall provide a written request that explains the rationale of the appeal based on the criteria provided in (c)(1) of this section.

      b.   Notice to Applicant. If the appellant is not the applicant, the zoning administrator shall notify the applicant of the request and the applicant shall provide a written response.

      c.   Preparation of the Record. The zoning administrator shall compile all materials made a part of the record of the zoning administrator’s action. As may be requested by the appellate body, the zoning administrator also may provide a summary report of the record.

      d.   Notice. No notice of the appeal is required.

      e.   Conduct of Hearing. The appellate body may hold a full evidentiary hearing to make a finding regarding the zoning administrator’s action in accordance with the criteria provided in (c)(1) of this section. However, the appellate body also may limit testimony and evidence to that contained on the record at the time the zoning administrator took final action, or place any other limits on additional testimony and evidence it deems appropriate.

   (d)   APPEAL OF PLAN COMMISSION ACTION . Any interested party, aggrieved by or claimed to be aggrieved by a decision or final action of the plan commission may request an appeal of the action in accordance with Table 35-2100.1. and this section. Appeals of denials made by the plan commission on items for which they make a recommendation and are not the final decision-maker, shall be heard by the City Council in accordance with these provisions.

   (1)   Approval Criteria.

      a.   Findings. In granting an appeal to action on a non-administrative development permit,    the City Council shall find:

         1.   The plan commission has acted in a manner inconsistent with the provisions of this Code or other applicable local, state, or federal law; or   

         2.   The plan commission has made erroneous findings of fact based on the evidence and testimony on the record; or

         3.   The plan commission has failed to fully consider mitigating measures or revisions offered by the applicant that would have brought the proposed project into compliance; or

         4.   The plan commission has acted arbitrarily, capriciously and/or abused its discretion; in which case such arbitrariness, caprice and abuse shall be detailed in written findings along with other relevant information; and

         5.   In addition to one or more of the above findings, the City Council shall find the appellant was present in person or by lawful representative at the hearing during which the original decision was made or was otherwise on the official record concerning the development application.

      b.   Facts on Record. In considering a request for appeal, the City Council shall consider only those facts, evidence, testimony and witnesses that were part of the official record of the plan commission’s action. No new evidence or testimony may be considered, except City staff may be asked to interpret materials contained in the record. If the City Council finds that pertinent facts were not considered or made a part of the record, they shall remand the item back to the plan commission for a rehearing and direct that such facts be included in the record.

   (2)   Decision-maker . The City Council shall affirm, reverse, or remand the decision. In reversing or remanding the decision back to the plan commission, the City Council shall state the rationale for its decision. A two-thirds (2/3) vote of the entire membership of the City Council shall be required to reverse the plan commission’s action.

   (3)   Application and Review Procedures . Requests for an appeal shall be submitted to the zoning administrator in accordance with the following:

      a.   Application Materials. The appellant shall provide a written request that explains the rationale of the appeal based on the criteria provided in (d)(1) of this section. The appellant also shall submit evidence of his/her attendance in person or by lawful representative at the original hearing or other testimony or correspondence from him/her that was in the official record at the time of the original hearing.

      b.   Application Fees. The appropriate fee, as may be approved by the City Council, shall be submitted with the request.

      c.   Notice to Applicant. If the appellant is not the applicant, the zoning administrator shall notify the applicant of the request and the applicant shall review the request and provide a written response.

      d.   Preparation of Record. The zoning administrator shall compile all material made a part of the official record of the plan commission’s action. As may be requested by the City Council, the zoning administrator also may provide a summary report of the record.

      e.   Notice. Notice of the appeal hearing shall be provided in the same manner as was required with the original action.

      f.   Hearing. The zoning administrator shall schedule the appeal before the City Council. The City Council shall hold a hearing and render a decision.

      g.   Conduct of Hearing. At the hearing, the City Council shall review the record of the plan commission’s action. No new evidence or testimony may be presented, except that City staff may be asked to interpret materials contained in the record.

   (e)   Appeal of amendment to zoning map. [Reserved].

   (a)   APPLICABILITY. All subdivisions that that do not qualify as exempt subdivisions under the Illinois Plat Act or as minor subdivisions under Sec. 35-2108 must be processed as “major subdivisions.”

   (b)   GENERAL PROCESS. The major subdivision process is a multi-step process requiring a pre-application conference in accordance with Sec. 35-2201(2) and approval of all of the following:

   (1)   Preliminary subdivision plat (see Sec. 35-2210);

   (2)   Improvement plan (see Sec. 35-2109); and

   (3)   Final subdivision plat (see Sec. 35-2110).

   (a)   PURPOSE. Preliminary subdivision plats establish the overall layout and design of a proposed development, including lot and utility layout and street and intersection design. Preliminary subdivision plat review is required in order to allow, at an early development planning stage, a competent determination by City departments and affected agencies of whether the proposed development is consistent with adopted plans and with applicable regulations.

   (b)   APPLICABILITY. The preliminary subdivision plat approval procedures of this section must be followed for all proposed land divisions that do not qualify as exempt subdivisions under the Illinois Plat Act or as minor subdivisions under Sec. 35-2108.

   (c)   APPROVAL CRITERIA. In order to be approved, the applicant must demonstrate that the proposed preliminary subdivision plat:

   (1)   Is consistent with the Comprehensive Plan and the purposes of this Code;

   (2)   Complies with all applicable regulations of this Code and other laws and ordinances, unless previously waived or modified by the entity with jurisdiction;

   (3)   Will not make any existing lot or structure nonconforming; and

   (4)   Will not impede motorized or nonmotorized transportation access for any abutting properties.

   (d)   DECISION-MAKER.

   (1)   The zoning administrator shall make recommendations and the plan commission shall approve, conditionally approve, or deny all applications for preliminary subdivision plat approval, in accordance with 65 ILCS 5/11-12-8, except in cases where approval of the preliminary plat requires approval of an amendment to the Comprehensive Plan or the approval of waivers or modifications of the infrastructure and public improvement standards of Article IV, Division 2.

   (2)   If an amendment to the Comprehensive Plan or waivers or modifications of infrastructure and improvement standards is required, the City Council shall be the final decision-making body on the preliminary subdivision plat. In such cases, the zoning administrator and plan commission serve as review bodies. City Council action is not required on preliminary subdivision plats that do not require plan amendments or code waivers or modifications.

   (e)   APPLICATION AND REVIEW PROCEDURES. Application requirements and processing procedures are described in Table 35-2200.1 and Sec. 35-2201, with the following modifications:

   (1)   Effect of Approval. Upon approval of the preliminary subdivision plat, the applicant may proceed with installation of or the posting of financial guarantees covering required infrastructure and improvements in accordance with the approved preliminary subdivision plat and the requirements of this Code. The applicant may also proceed with the preparation and submittal of the required final subdivision plat. Preliminary subdivision plat approval does not qualify a plat for recording.

   (2)   Validity. An approved preliminary subdivision plat remains valid and effective for a period of 2 years from the date of approval. If a phasing plan was expressly approved as part of the preliminary subdivision plat approval the validity of the preliminary plat is governed by the approved phasing plan. The plan commission is authorized to grant a one-time extension of the period of validity, provided the extension request is filed before the preliminary plat’s expiration date. Extensions may not exceed one year in duration. Once a preliminary plat expires, no final plat application may be accepted until a new preliminary plan is approved.

   (a)   PURPOSE. The waiver and modification procedures of this section establish the process and review criteria for approval of waivers and modifications of infrastructure and public improvement standards, as distinct from “Variances.”

   (b)   APPLICABILITY. All property owner requests for relief from strict compliance with the infrastructure and public improvement standards of Article IV, Division 2, must be processed as waiver or modification requests in accordance with the provisions of this section.

   (c)   PROCESS. Preliminary subdivision plats that include requests for waivers or modifications must be processed in accordance with Sec. 35-2210(e), including review and recommendation by zoning administrator, city engineer and Plan Commission and final decision by the City Council. If preliminary subdivision plat approval is not required for the proposed infrastructure or public improvement, the waiver or modification request shall be decided by the City Council after application and review and recommendation by zoning administrator and/or city engineer, as determined by adopted policy or procedures in place.

   (d)   APPROVAL CRITERIA. In order to be approved, the applicant must demonstrate that the requested waiver or modification:

   (1)   Will not be detrimental to the public safety, health or welfare, or injurious to other property or improvements in the neighborhood in which the subject property is located;

   (2)   Is the result of conditions that are unique to the subject property, and that these conditions are not self-created, and that the applicant had no knowledge of the impact of the regulations on the development of the property at the time of the property’s purchase.