O Fallon City Zoning Code
GENERAL APPLICATIONS
AND PROCEDURES
§ 157.270 GENERAL.
The following requirements apply to all applications for zoning text amendments, property rezonings, special use permits and other applications subject to this chapter, unless otherwise specified.
(Prior Code, § 158.270) (Ord. 623, passed 9-8-1970)
§ 157.271 APPLICATIONS.
(A) All applications shall be made on forms provided by the city.
(B) If an application is filed by, or on behalf of, a landowner, an affidavit of ownership shall be submitted to the city with the application.
(C) If an application is filed by an agent of a landowner, an affidavit of the landowner establishing the agent’s authorization to act on behalf of the landowner shall also be submitted with the application.
(D) All applications shall be accompanied with the appropriate fees made payable to the city.
(E) The affidavits required by this section shall be on forms provided by the city or in such form as is acceptable to the Director and shall be submitted at the time of filing the application.
(F) All applications shall include proof of service to the County Soil and Water Conservation District for comment pursuant to 70 ILCS 405/22.02a, of a copy of any application for text amendment, property rezoning variance or application for relief from existing zoning regulation shall be sent.
(Prior Code, § 158.271) (Ord. 623, passed 9-8-1970)
§ 157.272 PRE-APPLICATION CONFERENCE.
(A) A pre-application conference with the Director or his or her designee shall be required prior to submission of any application for a variance, rezoning, special use permit, sketch plan, preliminary development plan or preliminary plat.
(B) The purpose of this conference is to:
(1) Acquaint the applicant with the procedural requirements of this chapter;
(2) Provide for an exchange of information regarding applicant’s proposed development and the regulations, restrictions and requirements of this chapter, the comprehensive plan and other development requirements;
(3) Advise the applicant of any technical studies or public sources of information that may aid the application;
(4) Identify policies and regulations that create opportunities or pose significant restraints for the proposed development;
(5) Review any proposed concept plans and consider opportunities to increase development benefits and mitigate undesirable project consequences;
(6) Review whether the application is compatible with adjacent proposed or existing development; and
(7) Permit assistance by city staff with the development’s general design.
(Prior Code, § 158.272) (Ord. 623, passed 9-8-1970)
§ 157.273 GENERAL APPLICATION REQUIREMENTS.
(A) Application requirements. Unless otherwise indicated in this chapter or by the Director, all applications shall contain or be accompanied by the following items and materials;
(1) Date prepared;
(2) Name, address and telephone number of the applicant and the name, address and telephone number of the landowner if different than the applicant;
(5) Name, address and telephone number of all persons preparing any technical studies, maps, drawings and documents submitted with the application;
(6) Form provided by Director, signed by both the landowner and the Director, that shows a pre-application conference has occurred as required herein;
(7) Accurate legal description of the property for which the application is submitted;
(8) Any technical studies that may be required by the Director;
(9) Statement regarding adequate public facilities and services for the proposed development;
(10) Small key map with north arrow indicating the location of the property within the city;
(11) A statement of the reasons for the request; and
(12) A statement of when development of the land area covered by the application is contemplated to commence after the application is approved.
(B) Map submission requirements. Unless otherwise indicated in this chapter or by the Director, each map required by this chapter shall be on paper that is 24 inches by 36 inches. An 11-inch by 17-inch version of and/or a digital copy of all applications may also be required, as needed, by the Director. The maps in the number of copies as required by the Director shall contain the following:
(1) Date prepared;
(2) Name, address and telephone number of the person who prepared, or person responsible for preparing, the map;
(3) Graphic, engineering scale;
(4) North arrow;
(5) Location of property lines of the subject property;
(6) Approximate existing and proposed grades based on U.S.G.S. datum at ten-foot contour intervals or spot grades for preliminary submissions (including sketch plans), and five- or two-foot contour intervals for final submissions (including final development plans); and
(7) Existing conditions showing the following:
(a) All existing streets and rights-of-way on the land area covered by the application and on all property within 250 feet of the boundaries of the property, including street name and widths of pavement and rights-of-way;
(b) Names of any abutting subdivisions, and the names of owners of abutting property on unsubdivided parcels;
(c) Land use and zoning classification with district boundary lines of all property abutting and all property within 250 feet of the boundaries of the property covered by the application;
(d) All existing drainage channels on the land area covered by the application;
(e) The location and size of all existing utilities and easements on the land area covered by the application; and
(f) The location and elevation of all areas designated as 100-year floodplain areas by the Federal Emergency Management Agency on the land area covered by the application.
(Prior Code, § 158.273) (Ord. 623, passed 9-8-1970)
§ 157.274 SUBMISSION OF TECHNICAL STUDIES.
(A) Technical studies required by the Director.
(1) The Director may require applicants to submit any technical studies that the Director deems necessary to enable the appropriate person or entity to fully evaluate the application.
(2) Examples of technical studies that may be required shall include, but not be limited to, traffic studies, engineering studies, geologic or hydrogeologic studies, flood studies, environmental impact assessments, noise studies or surface water management/drainage studies. The persons or firms preparing the studies shall be approved by the Director.
(3) The costs of all studies shall be borne by the applicant.
(B) Technical studies required by Commission or governing body. Notwithstanding the fact that the Director did not require submission of a technical study in support of an application, either the Commission or the governing body may require the submission of a technical study prior to taking action on an application. In this case, the persons or firms selected to perform the study shall be approved by the entity requesting that the study be performed. Any decision of the Commission or the governing body to require that a study be performed or to disapprove the person or firm selected by the applicant to perform the study shall be final. The persons or firms preparing the studies shall be approved by the Director. The costs of all studies shall be borne by the applicant.
(Prior Code, § 158.274) (Ord. 623, passed 9-8-1970)
§ 157.275 WHEN APPLICATIONS DEEMED COMPLETE.
No application shall be deemed complete until all items required to be submitted by this chapter have been submitted. Upon receipt of a complete application, the Department shall note the filing date on the application and shall make a permanent record thereof. If the applicant fails to submit required elements, the application will not be considered complete, the application shall not be processed and the filing, notification and advertising process established by this chapter will not begin until all required elements have been submitted in the form required by this chapter.
(Prior Code, § 158.275) (Ord. 623, passed 9-8-1970)
§ 157.276 APPLICATION AND SUBMISSION DEADLINES.
(A) The Director or the Commission may administratively provide for submission deadlines for materials required in support of any application provided for in this chapter. These deadlines shall be provided to the applicant at the pre-application conference.
(B) Compliance with these deadlines is required before the application will be placed on an agenda to be heard by the appropriate entity.
(Prior Code, § 158.276) (Ord. 623, passed 9-8-1970)
§ 157.277 DUAL APPLICATIONS.
In an instance where an applicant seeks approval of two requests simultaneously, such as a property rezoning and a special use permit, the applicant shall submit all necessary documents, plans, maps and other required information in accordance with the provisions relating to both of the submitted applications and pay all appropriate fees for both applications.
(Prior Code, § 158.277) (Ord. 623, passed 9-8-1970)
§ 157.278 CITY STAFF REVIEW.
The city staff shall review all applications, plans, information and data submitted in support of an application by the applicant. After reviewing such information, the city staff shall prepare a staff report discussing the submitted data. This report shall be provided to the applicant, all appropriate city officials and be available for public review. The staff report may contain a recommendation for approval, approval with conditions or denial.
(Prior Code, § 158.278) (Ord. 623, passed 9-8-1970)
§ 157.279 CONDITIONAL APPROVALS.
In the consideration of any application authorized by this chapter, the recommending and the approving authority may stipulate that the recommendation or approval, as the case may be, is subject to compliance with certain specified conditions, including, but not limited to, limitations on permitted uses, time of performance requirements, limitation on hours of operation and provision of services and/or facilities to ensure that adequate public services and facilities are available to serve the development proposed by the application.
(Prior Code, § 158.279) (Ord. 623, passed 9-8-1970)
§ 157.280 WRITTEN FINDINGS NOT REQUIRED; WHEN.
Unless otherwise specifically provided in this chapter or by other applicable law, written findings are not required for a final decision on any application. However, any decision may be expressly made subject to the subsequent adoption of written findings and, if expressly made subject to written findings, the decision shall not be final until the findings are adopted.
(Prior Code, § 158.280) (Ord. 623, passed 9-8-1970)
§ 157.281 FINAL DECISION WHERE ORDINANCE REQUIRED.
(A) In the case of a decision to approve an application where adoption of an ordinance is required, the decision shall be final on the date that the governing body adopts the ordinance approving the application.
(B) A decision to deny an application is final when:
(1) The governing body votes to deny the application; or
(2) An ordinance with respect to such application fails to receive number of votes required by law.
(Prior Code, § 158.281) (Ord. 623, passed 9-8-1970)
§ 157.282 APPEALS OF FINAL DECISIONS.
Except where this chapter provides for an appeal to another body, any person, official or agency who is aggrieved by a final decision on an application provided for in this chapter, and who desires to appeal the decision, shall file the appeal in the appropriate court of jurisdiction, as the case may be, within 30 days after the decision is made.
(Prior Code, § 158.282) (Ord. 623, passed 9-8-1970)