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Naperville City Zoning Code

CHAPTER 3

ADMINISTRATION AND ENFORCEMENT5

SECTION:


Footnotes:
--- (5) ---

Editor's note— Ord. No. 13-129, § 3, adopted November 5, 2013, amended Title 6, Chapter 3 in its entirety to read as herein set out. Formerly, Title 6, Chapter 3, §§ 6-3-1—6-3-11 pertained to similar subject matter, and derived from Ord. No. 80-5, adopted January 21, 1980; the 1984 Code; Ord. No. 86-143, adopted November 3, 1986; Ord. No. 88-246, adopted December 5, 1988; Ord. No. 95-122, adopted June 20, 1995; Ord. No. 95-237, adopted November 7, 1995; Ord. No. 97-59, adopted May 6, 1997; Ord. No. 97-205, adopted December 2, 1997; Ord. No. 98-97, adopted July 7, 1997; Ord. No. 00-129, adopted July 18, 2000; Ord. No. 02-132, adopted May 21, 2002; Ord. No. 03-105, adopted May 6, 2003; Ord. No. 05-028, adopted February 15, 2005; Ord. No. 08-068, adopted April 1, 2008; Ord. No. 10-087, § 8, adopted July 20, 2010, and Ord. No. 11-026, § 1, adopted February 1, 2011.


6-3-1: - ZONING ADMINISTRATOR:

1.

Designation: The Director of the Transportation, Engineering, and Development Business Group and/or their designee shall be the Zoning Administrator.

2.

Duties: The Zoning Administrator and such deputies or assistants as have been, or shall be, duly appointed shall enforce the zoning regulations and in addition thereto, and in furtherance of such authority, shall:

2.1.

Conduct inspections of buildings, structures and uses of land to determine compliance with the provisions of this Title.

2.2.

Issue notices of violations to this Title in accordance with Section 6-3-10 of this Title.

2.3.

Require that all construction of work of any type be stopped when such work is not in compliance with this Title.

2.4.

Forward petitions to the Planning and Zoning Commission for rezoning, conditional uses, planned unit developments, variances, and notices of appeal as provided in Section 6-3-4 (Appeals).

2.5.

Prepare and present information to the Planning and Zoning Commission and City Council to assist in the analysis of the standards for rezoning, conditional uses, planned unit developments, and/or variances for use when reviewing the petitions noted in Subsection 2.4 above.

2.6.

Forward petitions to the City Council for temporary buildings, structures and uses of land.

2.7.

Review encroachment into required yards and determine if minor encroachments per Section 6-2-3 of this Title should be allowed.

2.8.

Interpret the zoning regulations when questions arise.

2.9.

Determine which uses, though not contained by name in a zoning district list of permitted uses, are of the same general character and permit their establishment.

2.10.

Determine the parking or loading class of a use which is not contained by name in a parking or loading class.

2.11.

Recommend the initiation of new or amended provisions of the Zoning Title and/or the comprehensive master plan, from time to time as deemed necessary and appropriate, subject to concurrence by the Planning and Zoning Commission or City Council.

2.12.

Recommend approval of Administrative Adjustments to a conditional use or PUD, as defined in Subsection 6-3-8:5.3 and Subsection 6-4-6:3 of this Title.

2.13.

Administer the comprehensive master plan, as adopted in Title 1, Chapter 11, Section 1 of this Code, including, but not limited to, making interpretations of provisions which pertain to building and site design taking into consideration such factors as contextual appropriateness, consistency with the City's general policies, and community benefit.

(Ord. No. 13-129, § 3, 11-5-2013; Ord. No. 22-044, § 2, 5-3-2022)

6-3-2: - PLANNING AND ZONING COMMISSION:

1.

Creation And Membership: The Planning and Zoning Commission, as established in Title 2, Chapter 2 of this Code.

2.

Jurisdiction: The Planning and Zoning Commission shall discharge the following duties and responsibilities under this Title:

2.1.

Review all petitions in the manner prescribed by and subject to the standards established herein and report findings and recommendations to the City Council in accordance with the provisions applicable in this Title.

2.2.

Advise the City Council on all matters required under this Title and on any matter referred to it by the City Council.

2.3.

Initiate text amendments or rezoning.

2.4.

Receive and consider appeals from the Zoning Administrator's interpretation of the provisions of the comprehensive master plan, as adopted in Section 1-11-1 of this Code, pertaining to building and site design taking into consideration such factors as contextual appropriateness, consistency with the City's general policies, and community benefit.

2.5.

Review all appeals from any order, requirement, decision or determination made by the Zoning Administrator under the Zoning Title in the manner prescribed by and subject to the standards established herein and report findings and recommendations to the City Council in accordance with the provisions of Section 6-3-4 of this Chapter.

3.

Recommendations Of The Planning And Zoning Commission: The Planning and Zoning Commission shall consider requests as provided in Section 2-2-3 (Planning and Zoning Commission: Powers and Duties) of Title 2 (Boards and Commissions) of the Naperville Municipal Code and shall, by simple majority of those present, provide a recommendation on such requests to the City Council.

(Ord. No. 13-129, § 3, 11-5-2013)

6-3-3: - CITY COUNCIL:

1.

Jurisdiction: The City Council shall retain the following duties and responsibilities under this Title:

1.1.

Take final action on all petitions related to this Title.

1.2.

Take final action on appeals as provided in Section 6-3-4 of this Title.

1.3.

Take action on requests for temporary buildings, structures and uses of land.

1.4.

Receive and act, as necessary, upon reports submitted from time to time by the Zoning Administrator, including requests to initiate new or amended provisions of the Zoning Title and/or the comprehensive master plan, as deemed necessary and appropriate.

2.

Zoning Decisions By City Council:

2.1.

Except as provided in Section 2.1.1 below, the City Council may, upon majority vote of those present, and by ordinance, grant, grant with modification, or deny requests related to the Zoning Title.

2.1.1.

If the City Council does not concur with the recommendation of the Planning and Zoning Commission to deny a text amendment, rezoning, or conditional use request, then the favorable vote of five (5) members of the City Council shall be necessary to pass an ordinance granting the request.

2.2.

Any modifications made to a petition following the Planning and Zoning Commission's vote on said petition shall be detailed in a report provided to the City Council. Such modifications, including modifications based upon a recommendation of the Planning and Zoning Commission or modifications sought at the request of the petitioner, shall not require additional Planning and Zoning Commission review prior to or during the City Council's review of the subject petition, unless:

2.2.1.

The Zoning Administrator makes a determination that the proposed modifications significantly alter the intent and concept of the plans which were reviewed by the Planning and Zoning Commission; or

2.2.2.

The proposed modifications result in new variances, deviations, or major changes which were not previously voted on by the Planning and Zoning Commission; or

2.2.3.

The City Council refers such modifications back to the Planning and Zoning Commission for further consideration if deemed necessary.

2.3.

The Planning and Zoning Commission may recommend, and the City Council may impose, conditions and restrictions upon the premises benefitted by a request as set forth in Section 2-2-3 of Title 2, as may be necessary to comply with the standards set forth in the Title. If a time limit is set forth by which conditions and restrictions must be completed, they shall be so completed in the time specified. If no such time limit is specified, then the conditions and restrictions shall be completed within a reasonable amount of time. The petitioner shall be obliged to fulfill and maintain all conditions and restrictions for as long as the property is utilized in the manner approved. Such conditions and restrictions shall be reasonably conceived to fulfill public needs emanating from the proposed request. A request to change or alter approved conditions or restrictions shall be reviewed by the City Council, who may refer the proposed changes to the Planning and Zoning Commission for further consideration if deemed necessary.

2.4.

All decisions of the City Council related to the Zoning Title (Title 6—Zoning Regulations), including but not limited to any petition or application for a conditional use, planned unit development, variance, rezoning, or other amendment to a zoning ordinance or to the Zoning Title, shall in all instances, be legislative decisions and shall be subject to judicial review as set forth in 65 ILCS 5/11-13-25(a).

(Ord. No. 13-129, § 3, 11-5-2013; Ord. No. 21-012, § 2, 2-2-2021)

6-3-4: - APPEALS:

1.

Decision Of The Zoning Administrator: An appeal may be taken from any interpretation, requirement, decision or determination of the Zoning Administrator. The appeal shall be made within forty-five (45) days of the action by filing with the Zoning Administrator a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Planning and Zoning Commission the notice of appeal and all of the papers constituting a record upon which the action appealed from was taken. A hearing before the Planning and Zoning Commission shall be held within sixty (60) days of the filing of the notice of appeal, unless otherwise agreed upon by the Zoning Administrator and person filing the appeal.

2.

Decision Of The Planning And Zoning Commission: The Planning and Zoning Commission's decision on an appeal filed in response to any interpretation, requirement, decision or determination of the Zoning Administrator, shall be advisory in nature and shall be subject to final consideration, evaluation and determination by the City Council, except as provided below:

2.1.

The Planning and Zoning Commission shall final determinations on any appeals to the Zoning Administrator's interpretation of provisions pertaining to building and site design contained in the City's comprehensive master plan, adopted in Section 1-11-1 of this Code. Such determinations shall be considered final, unless appealed to the City Council.

3.

Decision Of The City Council: Unless otherwise noted in Subsection 2.1 above, the Planning and Zoning Commission shall transmit to the City Council its written findings and recommendations in response to the notice of appeal within a reasonable time, but in no event more than sixty (60) days after the hearing before the Planning and Zoning Commission, and shall promptly forward a copy of the same to the person filing the appeal. The City Council may affirm or may reverse, in whole or in part, or modify the interpretation, requirement, decision or determination of the Zoning Administrator.

(Ord. No. 13-129, § 3, 11-5-2013)

6-3-5: - PROCEDURES FOR PROCESSING PETITIONS UNDER THIS TITLE:

This Section provides procedural requirements for petitions processed under this Title. Detailed information regarding standards, changes to an approved use, design standards and criteria, and content of submittals as set forth in Section 6-3-6 (Variances), Section 6-3-7 (Text Amendments and Rezonings), Section 6-3-8 (Conditional Uses), and Section 6-4 (Planned Unit Developments) of this Title.

1.

Initiation Of A Petition:

1.1.

A variance, conditional use, and/or planned unit development may be proposed by petition submitted by a person who is the owner, lessee, or contract purchaser of the subject property.

1.2.

Rezoning may be proposed by the City Council, Planning and Zoning Commission, or by a person being the owner, lessee, or contract purchaser of the subject property.

1.3.

In any instance where the petitioner is a person other than the owner, the petition shall also be signed by the owner or an authorized representative of the owner.

2.

Petitions: The petitioner shall file the required petition forms, as provided by the City, as well as all supporting documents required by the City. Upon the Zoning Administrator's determination that the petition is complete, it shall be forwarded to the appropriate boards or commissions as provided in Title 2 of this Code for review within a period of no greater than sixty (60) days from the date of the completed petition.

3.

Fees: Upon filing a petition, the petitioner shall pay the fees for processing said petition as set forth in Section 1-9F-1 of this Code, as amended from time to time.

4.

Notice Requirements:

4.1.

Case Type: For the purposes of this Section, case types shall be defined as follows:

4.1.1. Public hearing cases shall include variances, rezoning, conditional uses, major changes to a conditional use, planned unit developments, major changes to a planned unit development, rezoning upon annexation, and deviations to Section 6-4 (Planned Unit Developments) or variances to Section 7-4-4 (Design Standards: Land Use) of Title 7 (Subdivision).

4.1.2. Minor changes shall include minor changes to a conditional use or minor changes to a PUD as set forth in Section 6-3-8:4 (Changes to Approved Conditional Uses) or 6-4-6 (Changes to a Planned Unit Development) of this code, respectively. Minor changes shall also include the appeal of administrative adjustments which have been denied by the Zoning Administrator.

4.1.3. Administrative adjustments, which may be approved by the Zoning Administrator, shall include those changes as set forth in Section 6-3-8:4.3 (Conditional Uses: Administrative Adjustments) and Section 6-4-6:4 (Planned Unit Developments: Administrative Adjustments) of this Code.

4.2.

Notice Requirements Table: Notice requirements shall vary by case type, as described above, and shall be completed as prescribed herein. Additional information regarding case type, publication, signs, and written notice can be found in the Sections included below.

NOTICE REQUIREMENTS TABLE

Case TypePublicationSignWritten Notice
Public Hearing
Cases
Yes Yes Yes
Minor Changes No Yes Yes
Administrative
Adjustments
No No No

 

4.3.

Publication: Notice of the public hearing shall be published by the City at least once in a newspaper of general circulation in the City, no more than thirty (30) days nor less than fifteen (15) days in advance of the public hearing.

4.4.

Sign: The petitioner shall post notice of the public hearing in a location easily viewed from the public right-of-way on the property for which the action is requested or at an alternate location approved by the Zoning Administrator. For cases involving multiple properties where posting a sign on each property is impractical, the Zoning Administrator may approve an alternative signage plan. Signs shall:

4.4.1. Be a minimum size of three (3) feet by four (4) feet.

4.4.2. Include a title "Notice of Public Hearing"; the case number assigned to the petition; the date, time, and location of the public hearing; and the address and telephone number of the City department where additional information may be obtained.

4.4.3. Include lettering a minimum of four (4) inches high in the title, and a minimum of two (2) inches high for all other lettering.

4.4.4. Be posted on the property for a continuous period of not more than thirty (30) days and not less than fifteen (15) days in advance of the public hearing.

4.4.5. Be printed on a white background. The lettering for the title on the sign shall be red and all other lettering on the sign shall be black.

4.4.6. Be removed within seven (7) days following the conclusion of the public hearing. Failure to remove the sign within said timeframe as provided herein may result in the imposition of a fine not to exceed fifty dollars ($50.00) per day.

4.5.

Written Notice: The petitioner shall give written notice of the public hearing or public meeting to the property owner of record of all parcels, lying in whole or in part within three hundred (300) feet, inclusive of public right-of-way, of the property lines of the property for which the action is requested, as reflected by the County property tax records which may be obtained at the applicable Township Assessor's Office.

4.5.1. Such written notices shall be properly addressed, delivered personally or mailed postage prepaid by first class mail.

4.5.2. Such written notices shall be personally served or postmarked not more than thirty (30) days or less than fifteen (15) days in advance of a scheduled public hearing or meeting.

4.5.3. All written notices shall contain the following information: the case number assigned to the petition; the name and address of the petitioner and property owner; the common address or the location of the subject property; location, date, and time of the public hearing or meeting; a description of the nature and purpose of the requested action; and the office address and telephone number of the City where information concerning the petition may be obtained.

4.6.

Affidavit: Prior to commencement of the public hearing or meeting to consider the petition, the petitioner shall file a sworn affidavit with the Zoning Administrator verifying completion of all required notices. Such affidavit shall include a copy of the written notice and a list of all names and addresses to which the notices were provided, and shall specify by address whether such notice was mailed or personally delivered. Such affidavit shall create a presumption that the required notices have been property given.

5.

Effective Period For Petitions:

5.1.

A petition shall be valid for a period of two (2) years from the date on which the petition is filed with the Transportation, Engineering, and Development Business Group.

5.2.

Any petition which is not processed completely in accordance with City ordinances and regulations within said two-year period shall automatically lapse and become null and void without further action by the City.

5.3.

After a petition has lapsed, all fees paid by the petitioner shall be forfeited, and any subsequent petition shall be accompanied by the fees required by this Code.

6.

Withdrawal Of A Petition: A petition may be withdrawn by the petitioner at any time prior to its approval by City Council. Such withdrawal shall be deemed final and shall not affect the petitioner's responsibility for payment of fees required by this Code.

(Ord. No. 13-129, § 3, 11-5-2013)

6-3-6: - VARIANCES:

1.

Authority: The City Council, after receiving a report from the Planning and Zoning Commission containing its findings and recommendations, may vary the regulations of this Title if it finds that the variance requested is in harmony with their general purpose and intent and complies with all of the standards for variances established herein. The City Council shall not vary the provisions of this Title concerning permitted uses, conditional uses or the regulation of nonconforming uses, except as specifically provided in Chapter 4 (Planned Unit Developments) of this Title.

2.

Standards For Variances: Any recommendation by the Planning and Zoning Commission and any decision by the City Council shall be predicated on evidence and finding that:

2.1.

The variance is in harmony with the general purpose and intent of this Title and the adopted comprehensive master plan; and

2.2.

Strict enforcement of this Title would result in practical difficulties or impose exceptional hardships due to special and unusual conditions which are not generally found on other properties in the same zoning district; and

2.3.

The variance, if granted, will not alter the essential character of the neighborhood and will not be a substantial detriment to adjacent property.

3.

Procedure: A petition for a variance shall be processed in accordance with the provisions of Section 6-3-5 of this Chapter.

4.

Effective Period Of Variance:

4.1.

No variance shall be valid for a period longer than two (2) years from the date of the ordinance granting the variance unless a building permit is obtained within such period and the erection or alteration of a building or structure is started or the use is commenced within such period.

4.2.

Where conditions have not substantially changed since the date on which the variance was authorized, the owner of a parcel for which a variance has been authorized may, within one (1) year prior to expiration of said variance, request the City Council to extend the effective period of said variance for no more than one (1) additional period of up to one (1) year without reapplication to the Planning and Zoning Commission.

4.3.

A variance shall not be valid if a building, structure or use of land for which a variance has been granted is destroyed or damaged by fire, collapse, explosion or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed fifty percent (50%) of the replacement cost of the building, structure or use of land at the time of destruction or damage.

4.4.

In the event such damage or destruction is less than fifty percent (50%) of the replacement cost of the building, structure or use of land, the variance shall be valid only if such restoration is started within six (6) months from the date of partial destruction and restoration proceeds and does not cease for a period of sixty (60) days and completion is accomplished within twenty-four (24) months from the date of partial destruction.

(Ord. No. 13-129, § 3, 11-5-2013; Ord. No. 21-012, § 2, 2-2-2021)

6-3-7: - REZONINGS:

1.

Standards For Rezonings: Any recommendation by the Planning and Zoning Commission and any decision by the City Council shall be predicated on evidence and findings that:

1.1.

The amendment promotes the public health, safety, comfort, convenience and general welfare and complies with the policies and official land use plan and other official plans of the City; and

1.2.

The trend of development in the area of the subject property is consistent with the requested amendment; and

1.3.

The requested zoning classification permits uses which are more suitable than the uses permitted under the existing zoning classification; and

1.4.

The subject property has not been utilized under the existing zoning classification for a substantial period of time; and

1.5.

The amendment, if granted, will not alter the essential character of the neighborhood and will not be a substantial detriment to adjacent property.

2.

Procedure: A petition for a rezoning shall be processed in accordance with the provisions of Section 6-3-5 of this Chapter.

(Ord. No. 13-129, § 3, 11-5-2013)

6-3-8: - CONDITIONAL USES:

1.

Purpose: The development and execution of this Title is based upon the division of the City into zoning districts within which districts the use of buildings, structures and land, and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts, without consideration, in each case, of the impact of those uses upon adjacent land and of the public need for the particular use in the particular location. Said uses are classified as conditional uses in their respective zoning districts and shall be processed in accordance with Section 6-3-5 of this Code.

2.

Standards For Conditional Uses: Any recommendation by the Planning and Zoning Commission and any decision by the City Council shall be predicated on evidence and findings that:

2.1.

The establishment, maintenance or operation of the conditional use will not be detrimental to, or endanger the public health, safety and general welfare; and

2.2.

The conditional use will not be injurious to the use and enjoyment of other property in the immediate area for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;

2.3.

The establishment of the conditional use will not impede the normal and orderly development and improvement of the adjacent property for uses permitted in the district.

2.4.

The establishment of the conditional use is not in conflict with the adopted comprehensive master plan.

3.

Procedure: A petition for a conditional use or changes to a conditional use shall be processed in accordance with the provisions of Section 6-3-5 of this Code.

4.

Effective Period Of A Conditional Use:

4.1.

The conditional use shall be constructed in a timely manner. If a building permit is not obtained, the erection or alteration of a building or structure is not commenced, or the use is not commenced within a two-year period, the City may initiate or the owner of the parcel of land on which the conditional use is to be constructed may apply for the revocation of the conditional use. Said conditional use shall remain valid until revoked.

4.1.1.

If revocation is initiated by the City, the owner shall be notified, in writing, at least thirty (30) days prior to the City's consideration of the revocation.

4.2.

Upon voiding or revocation of the conditional use, the parcel of land shall conform to the permitted uses and other regulations of the zoning district in which it is located unless an amendment or other conditional use is applied for and granted. This Section shall be applicable to all conditional uses except planned unit developments for which the provisions of Chapter 4 of this Title shall apply.

5.

Changes To Approved Conditional Uses: A conditional use shall be constructed/established in accordance with the approved plan attached to the ordinance which granted the conditional use. Changes to the conditional use shall be considered to be either a major change, a minor change, or an administrative adjustment.

5.1.

Major Changes: Major changes are modifications which alter the concept or intent of the conditional use. Any one of the following shall be considered a major change to a conditional use. These changes shall include:

5.1.1.

Any increase in total gross floor area that would result in a square footage which exceeds the maximum FAR permitted in the underlying zoning district or which would result in a parking requirement, as determined based on the off-street parking regulations set forth in Section 6-9-3 of this Title, which cannot be met at the subject property or at other permitted locations pursuant to Section 6-9-2:1, Section 6-9-2:2, and Section 6-9-2:3 of this Title;

5.1.2.

Any increase in approved building height which would be in excess of the maximum height permitted in the underlying zoning district;

5.1.3.

Any decrease which reduces the amount of parking provided at the subject property or at other permitted locations to less than that required by off street parking regulations for the specific use per Section 6-9-3 of this Title;

5.1.4.

Significant changes to the parking location, access plan, building or parking setback areas, landscaping plans, or building elevations which alter the intent or concept of the conditional use approved for the site as determined by the Zoning Administrator; or

5.1.5.

Any change that results in a variance to Title 6 requirements or increases the extent of a previously granted variance from Title 6 requirements.

5.2.

Minor Changes: Minor changes are those changes not defined as major changes and which do not alter the concept or intent of the conditional use. Minor changes may be approved by the City Council without the review and recommendation of the Planning and Zoning Commission. This provision shall not prohibit the City Council from referring said petition to the Planning and Zoning Commission for review, recommendation, and/or public hearing. The following factors shall be considered in determining whether a proposed change constitutes a minor change:

5.2.1.

Greater than a twenty percent (20%) increase of the total gross floor area for the approved conditional use;

5.2.2.

Greater than a twenty percent (20%) increase in the height of any structure;

5.2.3.

Other minor changes to the parking location, access plan, building or parking setback areas, landscaping plans, or building elevations approved for the site as determined by the Zoning Administrator; or

5.2.4.

Any alteration of approved conditions applicable to the conditional use.

5.3.

Administrative Adjustments: Other changes which do not result in any of the major or minor changes set forth in this Subsection may be approved by the Zoning Administrator through an administrative adjustment process without the approval of City Council in accordance with Section 6-3-5 (Procedures) if the proposed change does not impact the intent or purpose of the approved conditional use. Administrative adjustments which are not approved by Zoning Administrator may be appealed by the petitioner or property owner to the City Council as a minor change to the conditional use.

(Ord. No. 13-129, § 3, 11-5-2013; Ord. No. 15-188, § 2, 11-17-2015)

6-3-9: - CITY-INITIATED TEXT AMENDMENTS AND REZONINGS:

1.

Initiation: Either the Planning and Zoning Commission or the City Council may initiate a Zoning Title text amendment or a City-initiated rezoning.

2.

Review: The Planning and Zoning Commission shall review such proposed amendments or rezoning and hold a public hearing. A record of such proceedings shall be preserved in the manner as the Planning and Zoning Commission shall, by rule, prescribe from time to time. After recommendation by the Planning and Zoning Commission, the City Council may, by ordinance, approve, disapprove, or approve with modification, any proposed City-initiated Zoning Title text amendments or zoning map amendments.

3.

Publication: Notice of the public hearing shall be published by the City not less than three (3) times before the public hearing, with at least one such publication not more than thirty (30) days and not less than fifteen (15) days in advance of the public hearing.

4.

Sign: The petitioner shall post notice of the public hearing on the property for which the City-initiated rezoning is requested or at an alternative location approved by the Zoning Administrator. For cases involving multiple properties where posting a sign on each property is impractical, the Zoning Administrator may approve an alternative signage plan. Signs shall:

4.1.

Be a minimum size of three (3) feet by four (4) feet.

4.2.

Include a title "Notice of Public Hearing"; the case number assigned to the petition; the date, time and location of the public hearing; and the address and phone number of the City department where additional information may be obtained.

4.3.

Include lettering a minimum of four (4) inches high in the title, and a minimum of two (2) inches high for all other lettering.

4.4.

Be posted on the property for a continuous period of not more than thirty (30) days and not less than fifteen (15) days in advance of the public hearing.

4.5.

Be printed on a white background. The lettering for the title on the sign shall be red and all other lettering on the sign shall be black.

4.6.

Be removed within seven (7) days following the conclusion of the public hearing.

5.

Written Notice:

5.1.

City-Initiated Rezoning:

5.1.1.

Properties Subject To City-Initiated Rezoning: The City shall give written notice of the public hearing to the property owners of record, as reflected by the County's property tax records which may be obtained at the applicable Township Assessor's Office, of all properties subject to a City-initiated rezoning.

5.1.2.

Surrounding Property Owners: The City shall give written notice of the public hearing to the property owner of record of all parcels, lying in whole or in part within three hundred (300) feet, inclusive of public right-of-way, of the property lines of the property subject to a City-initiated rezoning, as reflected by the County property tax records which may be obtained at the applicable Township Assessor's Office.

5.2.

City-Initiated Zoning Title Text Amendments: When initiating a text amendment to a zoning district, the City shall give written notice of the public hearing to the property owners of record, as reflected by the County's property tax records which may be obtained at the applicable Township Assessor's Office, if the proposed text amendment would case the existing use on the lot or parcel to become nonconforming or would require an existing use to terminate. The term "existing use" as used in this Section shall mean a lawful use established per this Title.

5.3.

Timing Of Required Notice: Such written notices shall be properly addressed, delivered personally or mailed postage prepaid by first class mail not more than thirty (30) days or less than fifteen (15) days in advance of a scheduled public hearing.

5.4.

Content Of Required Notice: All required written notices shall include the number assigned to the petition; the affected zoning district(s); the nature and the purpose of the amendment; the date and time of the scheduled public hearing before the Planning and Zoning Commission; and the office address and telephone number of the City where full information concerning the petition may be obtained.

(Ord. No. 13-129, § 3, 11-5-2013)

6-3-10: - VIOLATION, PENALTIES:

It shall be unlawful for any person to violate, disobey, neglect, omit, refuse to comply with, or resist the enforcement of any of the provisions of this Zoning Title.

Upon making a determination that there exists a violation of this Title, the Zoning Administrator shall notify, in writing, by regular and certified or registered mail, the owner of the property, as reflected by the County's property tax records which may be obtained at the applicable Township Assessor's Office, upon which such violation exists. Within fourteen (14) days of notice of violation being given, or other time frame determined by the Zoning Administrator, the property owner shall eliminate the violation identified in the notice.

Any person who violates, disobeys, neglects, omits, refuses to comply with, or resists the enforcement of any of the provisions of this Title shall, upon conviction, be fined not more than five hundred dollars ($500.00) for each offense, and each day that a violation continues to exist shall constitute a separate offense.

(Ord. No. 13-129, § 3, 11-5-2013)