The primary administration of this ordinance is hereby vested in seven (7) entities of the government of the City of Peoria as follows:

2.1.a. Zoning Administrator;

2.1.b. Site Plan Review Board;

2.1.c. Zoning Commission;

2.1.d. Reserved;

2.1.e. Zoning Board of Appeals;

2.1.f. Planning Commission; and

2.1.g. City Council.

(Ord. No. 14658, § 1, 1-19-99)

The Director of Planning and Zoning for the City of Peoria or his/her designee(s) shall be the Zoning Administrator. He/she shall exercise the authority, and perform the duties of Zoning Administrator which are provided for below:

2.2.a. Issue all zoning compliance and exception certificates and maintain records thereof;

2.2.b. Approve all certificates of occupancy;

2.2.c. Conduct inspections of buildings, structures, and uses of land to determine compliance with the terms of this ordinance;

2.2.d. Issue violation notices requiring compliance and advising suspected violators of their right to appeal; and to issue citations for violations of this ordinance;

2.2.e. Request of the Building Official that all construction or work of any type be stopped when such work is not in compliance with this ordinance; and revoke any permit which was unlawfully issued without full compliance of the requirements of this ordinance or under fraudulent conditions;

2.2.f. Review and approve or deny all applications for permitted use status under all zoning districts;

2.2.g. Review and approve or deny all applications for approval of nonlisted uses, as established in the Section covering General Provisions; Interpretation of Nonlisted Uses (see Section 3.1, General Provisions);

2.2.h. Have possession of permanent and current records of this ordinance, including, but not limited to, all maps, amendments, special uses, variations, appeals, official development plans, site plan reviews and applications thereof;

2.2.i. Conduct preapplication conferences with petitioners for planned unit developments and zoning map amendments;

2.2.j. Receive, certify for completeness, and forward to the Zoning Commission all applications for special uses, including planned developments, and for amendments to this ordinance that are initially filed with the office of the Zoning Administrator;

2.2.k. Review, process and decide upon those minor variation applications for which the Zoning Administrator has authority under this ordinance by either approving or denying such applications;

2.2.l. Review, process and report findings and recommendations and forward appeals and variation requests to the Zoning Board of Appeals on those applications upon which the Zoning Board of Appeals is required to act;

2.2.m. Call for meetings of the Site Plan Review Board, forward applications, site plans and related information to that board in all cases which require site plan review as defined in Section 2.3.c., and as required in specific zoning districts under the provisions of this ordinance;

2.2.n. Enforce all orders of the Zoning Board of Appeals;

2.2.o. Conduct an annual study of the provisions of this ordinance, and make a report of his/her recommendations to the Zoning Commission and City Council during January of each year or more often as he/she deems necessary;

2.2.p. Assist in providing public information relative to this ordinance;

2.2.q. Conduct daily administration of the zoning ordinance;

2.2.r. Provide staff support for each entity listed;

2.2.s. Issue permits when appropriate for uses allowed with "administrative approval"; and

2.2.t. To make application for and provide evidence in support of the elimination of any restrictive covenants which run to the benefit of the City but which are not consistent with the provisions or objectives of this ordinance, and any amendments to this ordinance which may be adopted.

2.3.a. Purpose Statement. In order to exercise a more orderly control of land use, particularly within areas of critical concern, areas subject to traffic congestion, areas of special environmental character, and areas of high density zoning, and for all new planned unit developments and special uses, the City of Peoria hereby establishes a site plan review process.

It is recognized that the very nature of such critical areas, large sites or special uses create potential for traffic congestion problems, overcrowding, adverse environmental effects or poorly designed sites.

It is these areas and uses which the City intends to subject to site plan review so that the meaning and intent of the Comprehensive Plan and Zoning Ordinance and all the provisions thereof are complied with.

2.3.b. Creation. There is hereby created the Site Plan Review Board consisting of representatives designated by the Directors of Planning and Zoning, Public Works, Inspections, and Chiefs of Police and Fire. The representatives shall consist of persons with expertise in the following areas: planning, zoning administration, public works, traffic engineering, architecture, building inspections, public safety and landscape architecture. If the City has no person with expertise in one of these areas, the Zoning Administrator will recommend to the City Council a person with expertise in the nonrepresented area and request that person to be appointed to the Site Plan Review Board. The City Council may also appoint an ex-officio, member to the Site Plan Review Board to represent the art community in Peoria.

The Board may adopt its own rules and regulations. The Zoning Administrator or his/her designee shall serve as its chairperson. All meetings of the board shall be at the call of the chairperson or any two other members thereof.

2.3.c. Authority and Procedures.

(1)

Conduct a technical review of site plans and official development plans and find solutions to site plan problems which are compatible with the purposes of this ordinance.

(2)

Approve and disapprove site plans submitted as part of any application for zoning certificates for permitted uses in the R5, R6, R7, R8, C1, C2, B1, O1, O2, I1, I2, I3, P1, and N1 zoning districts; in overlay districts; in critical traffic management areas, and for any site for which the Site Plan Review Board does not act as a recommending body. The SPRB may, as a condition of approval prior to the issuance of a zoning certificate, require the property owner to pay for certain adjacent off site improvements.

(3)

Make findings and recommendations with respect to site plans submitted as part of any application for major variance, special use, official development plans, subdivision plats, planned unit development or zoning certificate. Findings and recommendation made pursuant to this Section shall, when applicable, become a part of the above judgement decision criteria with respect to any relief or remedies being sought. In circumstances where the foregoing relief has been sought, final authority resides in the following bodies: the Zoning Board of Appeals, or City Council.

(4)

Grant or deny applications for minor variances for any site in which it is required to approve or disapprove site plans in those cases where no timely objection has been filed.

(5)

Review, and submit comments to the Zoning Commission, on all proposed map amendments.

(6)

Standards to be used by the Site Plan Review Board shall include but not be limited to the following:

(a)

The provisions of the Peoria Zoning Ordinance.

(b)

The provisions of the Peoria Comprehensive Plan.

(c)

The provisions of any applicable neighborhood plan.

(d)

The provisions of the Peoria Subdivision Ordinance.

(e)

Reserved.

(f)

Supplementary engineering and planning studies or guidelines which have been adopted by the Site Plan Review Board.

(g)

Customary engineering and site development standards used in Peoria.

(h)

Any standards or criteria in a City adopted project or redevelopment plan.

(7)

Effect of Disapproval of Site Plan by Site Plan Review Board. No zoning certificate shall be issued for any zoning lot for which site plan approval is required by the Site Plan Review Board unless the construction is approved by the SPRB or in the case a Zoning Compliance Certificate for such construction has been issued. The effect of the Site Plan Review Board's disapproval is that no zoning certificate, required for a building permit, shall be issued. The member of the Site Plan Review Board who denies the Site Plan is responsible for responding to the applicant regarding that denial. Appeals of decisions by the Site Plan Review Board may be made to the Zoning Board of Appeals, section 2.3.d.

(8)

The Site Plan Review Board shall keep a public record of its resolutions, findings, and determinations, and notify, in writing within five (5) working days, petitioners for plan review of the decision of the Board.

2.3.d. Review of Site Plan Review Board Decisions.

(1)

Time. Any final decision of the Site Plan Review Board may be reviewed by the Zoning Board of Appeals providing that timely notice of appeal is filed by an interested party within ten (10) days after the Board's decision, or in the case of minor variations, within ten (10) days after interested persons receive actual or constructive notice of a decision by the Board's granting or denying a variation.

(2)

Interested Persons. Appeals and objections may be taken or filed by any person occupying or holding an interest in the property which is the subject of the Board's decision, or the owners or occupants of property located within two hundred fifty (250) feet of the subject property.

(3)

Reserved.

(4)

Presumptions and Evidence in Appeals of Decisions of the Site Plan Review Board. The decision and findings of fact made by the Site Plan Review Board shall be presumed correct by the reviewing body. Interested persons, including but not limited to the City staff, the owner of the affected property, and other interested parties may present evidence to the reviewing body under oath to support or rebut the decision and factual findings made by the SPRB. The record of any matter decided by the SPRB shall become part of the record before the reviewing body. Decisions by the reviewing body shall be final administrative decisions.

2.3.e. Critical Traffic Management Areas. The City Council may, upon request by the Site Plan Review Board, in the manner provided for amending this ordinance, designate specific areas as Critical Traffic Management Areas when such areas contain streets or portions thereof which are dangerous or hazardous, or lack sufficient capacity to efficiently accommodate existing and expected increases in traffic during the following ten year period.

When the conditions requiring the designation are no longer present the designation may be removed in the manner provided for amending this ordinance.

The effect of any designation shall be to require review by the Site Plan Review Board of any property which is located within a critical traffic management area. In addition, when the development, construction or alteration of any site increases the traffic burden on any critical traffic area, the Site Plan Review Board may require the owner of the property for which such development is proposed to pay for improvements to the critical traffic area. The Site Plan Review Board may require the owner of the property for which such development is proposed to pay for improvements to the critical traffic area which would alleviate the expected increase in traffic associated with the development. Such payment shall be made, or secured in the same manner as payment for public improvements required under the City's subdivision ordinance.

(Ord. No. 13766, § 1, 6-21-94; Ord. No. 13996, § 1, 9-26-95; Ord. No. 13998, § 1, 10-3-95; Ord. No. 14658, § 1, 1-19-99)

2.4.a. Creation.

(1)

The Zoning Commission previously established under the Peoria City Code, concerning its composition, term of membership, election of chairman and records to be kept, is hereby authorized to continue and granted authority as set forth in this ordinance. The word "Commission" when used in this section shall be construed to mean the Zoning Commission. The Zoning Commission shall be comprised of seven (7) members. A quorum of four (4) members is necessary, in order to conduct business. Any decision of the Zoning Commission shall be based on an affirmative vote of those members voting.

(2)

All appointments to the Zoning Commission shall be made by the Mayor, subject to the approval of the City Council. The Chair shall be elected on an annual basis by members of the Commission. Members of the Commission shall serve terms as set forth in section 2-26 [2-162] of the Peoria City Code.

(3)

The Zoning Commission shall adopt its own procedures.

2.4.b. Jurisdiction. The Zoning Commission shall discharge the following duties under this ordinance:

(1)

Review all applications for amendments to this ordinance (text or map), hold public hearings thereon, and report findings and recommendations to the City Council in the manner prescribed in this ordinance;

(2)

Review all applications for special use and N1 Official Development Plans, hold public hearings thereon and report findings and recommendations to City Council;

(3)

Receive annually in the month of January from the Zoning Administrator his/her recommendations as to the effectiveness of this ordinance as its [it] relates to the policies of the Comprehensive Plan of the City of Peoria and any amendments he/she may recommend be made to the ordinance, and report the Commission's conclusions and recommendations on such matters to the City Council;

(4)

To review, hold the hearing and report to the City Council, with recommendations, those matters not treated above, which the City Council has referred to it;

(5)

Review all applications and recommendations from the Site Plan Review Board with respect to special exceptions under regulations governing neighborhood conservation districts, hold public hearings thereon, and make a final determination as to whether such special exceptions should be granted or denied;

(6)

To review, hold public hearings, and make recommendations to the City Council with respect to any application for elimination or changes in any existing covenants restricting land uses, which are enforceable by the City.

2.4.c. [Reserved.]

(Ord. No. 13442, § 1, 8-4-92; Ord. No. 14658, § 1, 1-19-99; Ord. No. 15541, § 1, 10-21-03; Ord. No. 15621, § 1, 5-18-04; Ord. No. 16178, § 1, 8-28-07)

2.5.a. Creation.

(1)

The Zoning Board of Appeals established in previous texts of the Peoria Zoning Ordinance or Peoria City Code, concerning its composition, term of membership, election of chairman and records to be kept, is hereby authorized to continue. The word Board or ZBA when used in this section shall be construed to mean the Zoning Board of Appeals. The Zoning Board of Appeals shall be comprised of seven (7) members. A quorum of four (4) members is necessary, in order to conduct business. Any decision of the Zoning Board of Appeals shall be based on an affirmative vote of those members voting.

(2)

The Zoning Board of Appeals may adopt its own procedures; however, in order to vote, a member of the Zoning Board of Appeals must be in attendance of the proceedings subject to the vote.

(3)

All appointments to the Zoning Board of Appeals shall be made by the Mayor, subject to the approval of the City Council. The Chair shall be appointed by the Mayor, subject to the approval of the City Council. Members of the Board shall serve terms as set forth in section 2-26 [2-162] of the Peoria City Code.

2.5.b. Jurisdiction.

(1)

To hear objections to or appeals of final determination or decisions made by the zoning administrator, or Site Plan Review Board.

(2)

To approve or disapprove major variations and minor variations for which objections have been filed from the terms of this ordinance in the manner set forth in the provisions of this ordinance pertaining to variances.

2.5.c. [Reserved.]

(Ord. No. 13442, § 1, 8-4-92; Ord. No. 14658, § 1, 1-19-99; Ord. No. 15541, § 1, 10-21-03; Ord. No. 15621, § 1, 5-18-04; Ord. No. 16178, § 1, 8-28-07)

Editor's note—

Ord. No. 13998, § 1, adopted Oct. 3, 1995, repealed § 2.6, which pertained to the Downtown Redevelopment Commission (DRC). See the Code Comparative Table.

2.7.a. Creation. The Planning Commission, established previously in the Peoria City Code, concerning its composition, term of membership, election of chairman and records to be kept, is hereby granted jurisdiction as set forth herein. The Planning Commission shall be comprised of seven (7) members. A quorum of four (4) members is necessary, in order to conduct business. Any decision of the Planning Commission shall be based on an affirmative vote of those members voting.

2.7.b. Jurisdiction. The Planning Commission previously established related to this Peoria City Code shall discharge the following duties under this ordinance:

(1)

Receive and make findings and recommendations to the City Council on Neighborhood Conservation Plans proposed as amendments to the Comprehensive Plans for the designation of a Neighborhood Conservation Overlay District (NC).

2.7.c. Reserved.

(Ord. No. 14658, § 1, 1-19-99; Ord. No. 15541, § 1, 10-21-03; Ord. No. 15621, § 1, 5-18-04; Ord. No. 15990, § 1, 8-15-06; Ord. No. 16178, § 1, 8-28-07; Ord. No. 16753, § 1, 10-25-11)

2.8.a. Creation. The City Council established in previous texts of the Peoria City Code, in accordance with the Constitution of the State of Illinois and the Revised Statutes of the State of Illinois, is hereby authorized to continue and to exercise such authority as is provided in this ordinance. The word Council when used in this Section shall be construed [to mean the City] Council.

2.8.b. Jurisdiction. The City Council shall discharge the following duties under this ordinance:

(1)

Receive recommendations from the Zoning Commission, and take action upon all proposed amendments, special uses, N1 Official Development Plans and planned unit development applications.

(2)

Reserved.

(3)

Reserved.

(4)

Review and where appropriate, act upon the annual report from the Zoning Commission and Zoning Administrator concerning the status of this zoning ordinance with regard to effectiveness of the ordinance, administrative procedures and relationships to the Official Comprehensive Plan of the City of Peoria as amended.

(5)

Receive and act upon other matters required by this ordinance and forwarded by the Zoning Administrator, other City Officials or citizens.

(6)

Approve or deny any application for modification or elimination of restrictive covenants after receiving recommendations and findings of fact from the Zoning Commission.

2.8.c. Limitation on Jurisdiction. In case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of twenty (20) percent of the frontage proposed to be altered, or by the owners of twenty (20) percent of the frontage immediately adjoining or across the alley therefrom, or by owners of twenty (20) percent of the frontage directly opposite the frontage proposed to be altered, as to such regulations or district, filed with the City Clerk, such amendment shall not be passed except by the affirmative vote of two-thirds (2/3) of Council members actually voting, but in no case shall an amendment be passed by less than the affirmative vote of six (6) Council members. In such cases, a copy of the written protest shall be served by the protestor or protestors on the applicant for the proposed amendment upon the applicant's attorney, if any, by certified mail or by personal service at the address of such applicant or attorney shown in the application for the proposed amendment.

Any such written protest, in order to be valid, must be filed with the City Clerk by 11:00 a.m. on the day before the City Council hears the application for the proposed amendment; said written protest shall include a certification that is was in fact served upon the applicant or the applicant's attorney as set forth above.

(Ord. No. 13575, § 1, 6-1-93; Ord. No. 13766, § 1, 6-21-94; Ord. No. 13996, § 1, 9-26-95; Ord. No. 13998, § 1, 10-3-95; Ord. No. 14359, § 1, 8-19-97)

Zoning Certificates certify the zoning status of property and shall be used as either Zoning Compliance Certificates or as a Zoning Exception Certificate.

2.9.a. Purpose Statement. The purpose of the Zoning Compliance Certificate is to certify that a proposed or existing lot, proposed or existing structure thereon, and proposed or existing use complies with the requirements of this ordinance. Zoning Compliance Certificates are issued by the Zoning Administrator.

The purpose of a Zoning Exception Certificate is to provide notice and procedures to resolve disputes as to whether specific premises which do not conform to this code may be maintained because they are one of the following:

(1)

Legal nonconforming uses, including legal nonconforming structures;

(2)

Established and approved special uses;

(3)

Established and approved variations; or

(4)

Uses permitted by an order entered by a court with competent jurisdiction.

2.9.b. Regulations for Zoning Exception Certificates.

(1)

[Failure to obtain certificate.] In the event that property owners fail to apply for a Zoning Exception Certificate within 30 days after being notified that their property does not conform to this code, or in the event that the Zoning Administrator disapproves any application for [a] Zoning Exception Certificate, it shall be presumed that the property which was the subject to the application does not comply with the provisions of this code. Such presumption may be rebutted by competent and reasonable evidence providing the property owner has a reasonable excuse for not providing such evidence to the Zoning Administrator within the time frame for making application for a Zoning Exception Certificate.

(2)

Standards. The Zoning Administrator shall issue Zoning Exception Certificates when he/she determines that the use which is the subject of the certificate is lawful. In the event the Zoning Administrator needs information not supplied by City records to make such a determination, he/she may require the persons interested in the property to provide proof that the use is in fact lawful. Such proof may include, not [but] is not limited to, affidavits, certified copies of recorded or official records, or such other evidence as may be reasonably necessary to determine whether a Zoning Exception Certificate should be issued. The burden of proof shall be upon the applicant for a Zoning Exception Certificate.

(3)

Map. The Zoning Administrator shall keep copies of all Zoning Exception Certificates issued and may maintain a map of the City designating the locations of all zoning lots for which such certificates have been issued.

(4)

Required Conformance. Any persons, corporation or association claiming a lawful special use of [or] nonconforming use of any premises, building or structure, under the terms and provisions of this code, may be required to file an affidavit together with an application for a Zoning Exception Certificate for said premises, building or structure, with the Zoning Administrator on forms prescribed by the Zoning Administrator. The Zoning Administrator shall, when necessary, make an inspection to ascertain whether said use is in fact:

(1)

Legal, nonconforming and lawful;

(2)

A lawful special use; or

(3)

Unlawful under the provisions of this ordinance.

In those cases where the Zoning Administrator finds the premises, building, or structure or use to be lawful, he/she shall issue a Zoning Exception Certificate. The Zoning Administrator shall not issue a Zoning Exception Certificate [except] in those cases in which he/she determined the premises, building, structure, or use to be lawful under the provisions of this ordinance.

2.9.c. When Zoning Certificates are Required.

(1)

Zoning Certificate Required Prior to Proposed Construction and Prior to Conveyance of Property. Except as hereinafter provided, no permit, including a building permit, pertaining to the use of land or buildings shall be issued by an officer, department, or employee of the City of Peoria unless the application for such permit has been examined by the Zoning Administrator or his/her duly appointed representative, and he/she has placed his/her compliance certification on it or has affixed to it a Zoning Certificate, indicating the proposed building, structure or use complies with all the provisions of this ordinance.

The following permits are exempt from the requirement of a Zoning Certificate and may be issued without the compliance certification of the Zoning Administrator or the issuance of a Zoning certificate: (1) heating and electrical permits that do not expand service to a change of or increase in use; and (2) building permits for work that is totally interior within an existing building and does not involve a change of use or a nonconforming use.

Any permit or certificate issued in conflict with the provisions of this ordinance, shall be null and void.

No instrument which immediately conveys or provides for the future conveyance of the fee interest in any property within the City of Peoria including an Agreement for Warranty Deed shall be recorded and no beneficial interest in a land trust which holds title to property within the city shall be transferred (except for a transfer of an interest, solely to secure performance of an obligation) until a Zoning Certificate has been issued for the property which is to be conveyed, or in the case of an interest in a land trust, until a Zoning Certificate has been issued for any property held by the trust which is located within the City of Peoria. The following transfers are exempt from the requirements of this paragraph provided that a Zoning Certificate Exemption in the form provided by the Zoning Administrator is signed by the owner; beneficial interest holder, if a land trust; or an attorney at law or in fact:

(a)

Deeds to or trust documents relating to property acquired by any governmental body or from any governmental body or deeds to property between governmental bodies, or by or from any corporation, society, association, foundation or institution organized and operated exclusively for charitable, religious or educational purposes.

(b)

Deeds or trust documents which secure debt or other obligation.

(c)

Deeds or trust documents which, without additional consideration, confirm, correct, modify, or supplement a deed or trust document previously recorded.

(d)

Deeds or trust documents where the actual consideration is less than $100.

(e)

Tax deeds.

(f)

Deeds or trust documents of release of property which is security for a debt or other obligation.

(g)

Deeds of partition.

(h)

Deeds or trust documents made pursuant to mergers, consolidations or transfers or sales of substantially all of the assets of corporations pursuant to plans of reorganization.

(i)

Deeds or trust documents made by a subsidiary corporation to its parent corporation for no consideration other than the cancellation or surrender of the subsidiary's stock.

(j)

Deeds for a single family dwelling, including residential condominium units.

(k)

Deeds representing transfers subject to the imposition of a documentary stamp tax imposed by the government of the United States.

(l)

Deeds issued to a holder of a mortgage, as defined in Section 15-103 of the Code of Civil Procedure, pursuant to a mortgage foreclosure proceeding or pursuant to a transfer in lieu of foreclosure.

(m)

Undeveloped parcels of land.

(n)

Deeds delivered, without regard to whether the Agreement for Warranty Deed was recorded, pursuant to an Agreement for Warranty Deed entered into prior to June 1, 1990.

(o)

Deeds delivered, without regard to whether the Agreement for Warranty Deed was recorded, pursuant to an Agreement for Warranty Deed on or after June 1, 1990, for which a zoning certificate has previously been issued by the Zoning Administrator.

(p)

Non-residential uses in the B-1; O-1; O-2; C-1; C-2; I-1; I-2; I-3; N-1 and P-1 districts.

Zoning Certificates shall be issued pursuant to rules adopted by the Zoning Administrator, and shall state whether the property which is the subject of the certificate is in compliance with the provisions of this ordinance. Notwithstanding the foregoing, the Zoning Administrator may adopt rules permitting a certificate to be issued based on information supplied by the applicant for certain classes of property by the City or its agents. Any Zoning Certificate which is issued as a result of information supplied by the applicant and not on the basis of a property inspection by the City shall state that it has been issued in reliance upon information supplied by the applicant, and that it is not valid if it has been issued in reliance on information provided by the applicant which is not true and correct. In any case where a Zoning Certificate has not been acted upon within one year of the date of its issuance, or any City license or permit resulting from its issuance, then, without further action by the Zoning Administrator, said Zoning Certificate shall be null and void.

(2)

Zoning Certificate Required Prior to Issue of Licenses or Certificates Required by Other Sections of the City Code. No license permitting [a] specified use of premises within the City of Peoria shall be used unless the Zoning Administrator, or his/her designee has first issued a Zoning Certificate which certifies that the proposed use of the premises is in conformance with the requirements of this ordinance.

(3)

Reserved.

2.9.d. Plans and Drawings. Applications for a Zoning Certificate shall be made on forms and in a manner approved by the Zoning Administrator. The Zoning Administrator may require applications to be accompanied by one or more of the following:

(1)

A plot plan or plat of survey of the piece or parcel of land, lot, lots, block, blocks, or parts or portions thereof, drawn to scale showing the actual dimensions of the piece of parcel, lot, lots, block, blocks, or portions thereof, according to the registered or recorded plat of such land;

(2)

Additional drawings drawn to a scale in such form as may, from time to time, be prescribed by the Zoning Administrator showing the ground area, height, and bulk of the building or structure, the building lines in relation to lot lines, the use to be made of the building, structure, or land, the number of dwelling units and number of bedrooms in such dwelling units, and such other information as may be required by the Zoning Administrator for the proper enforcement of this ordinance;

(3)

The Zoning Administrator may, in those cases where in his/her judgment it is necessary, require certification of said plot plan or plat of survey by a registered professional engineer, registered architect, or registered land surveyor; and

(4)

In those cases where [a] Site Plan Review is required (see Section 2.3-3 [2.3.c.] of this Ordinance), the Zoning Administrator shall forward all pertinent plans and drawings to the members of the SPRB.

(Ord. No. 13766, § 1, 6-21-94; Ord. No. 13998, § 1, 10-3-95; Ord. No. 15882, § 1, 2-7-06; Ord. No. 16730, § 1, 8-23-11)

2.11.a. Purpose Statement. In reference to this ordinance, the purpose of a Certificate of Occupancy is to provide notice to the occupants of land whether completed improvements to real estate or new land conform to this ordinance. Certificates of Occupancy are issued by the City of Peoria Building Official and must have the approval of the Zoning Administrator.

2.11.b. Certificate of Occupancy Required After Construction or Change of Use, and Prior to Occupancy. No buildings, or addition thereto, constructed after the effective date of this ordinance, and no addition to a previously existing building shall be occupied, and no land, vacant on the effective date of this ordinance shall be used for any purpose, including but not limited to vehicle parking, nor shall a new use, not previously covered by such a certificate, be instituted in an existing building or structure, until a Certificate of Occupancy has been approved by the Zoning Administrator.

2.11.c. Application for Certificate of Occupancy. Every application for a building permit or zoning certificate shall be deemed to be an application for a Certificate of Occupancy. Every application for a Certificate of Occupancy for a new use of land, where no building permit is required, shall be made directly to the Zoning Administrator.

2.11.d. Standards for Certificate of Occupancy. No Certificate of Occupancy for a building, or portion thereof, constructed after the effective date of this ordinance, shall be approved by the Zoning Administrator until construction has been completed and certified by the Zoning Administrator to be in conformity with the documentations upon which the building permit or zoning certificate was based. No Certificate of Occupancy for a building, or addition thereto, constructed after the effective date of this ordinance, shall be issued and no addition to a previously existing building shall be occupied until the premises have been inspected and certified by the Building Official to be in compliance with all applicable City ordinances and regulations covering zoning, building and subdivision matters.

2.12.a. Purpose Statement. The purpose of providing for variations is to enable the City to grant relief from the strict interpretation of these regulations where said regulations impose a particular hardship or difficulty because of unique or peculiar circumstances for land or use. Variations shall only be granted which are, in the judgment of the Zoning Administrator, Site Plan Review Board, Zoning Board of Appeals or City Council, as the case may be, in harmony with the general purposes and intent of this ordinance and which meet the requirements of this Paragraph.

2.12.b. Types of Variations.

(1)

Minor Variations. Minor variations are variations from height, yard (with the exception of transitional buffer yard requirements), bulk, lot area, and fence height provisions of this ordinance that are less than twenty percent (20%) of the required standard. (For example, a variation from a required 20 foot yard setback in an amount of less than 4 feet is a minor variation, while a variation from a required 20 foot setback in an amount of 4 feet or more is not a minor variation).

(2)

Major Variations. All variations authorized by this ordinance which are not minor variations shall be considered major variations. Any variation request of transitional buffer yard requirements shall be considered a major variation.

2.12.c. Jurisdiction and Authority to Grant Variations.

(1)

Minor Variations. Authority to grant or deny minor variations is to be exercised by the Zoning Administrator unless such variations pertain to a site for which site plan review is required, in which case the authority to grant or deny such minor variations will be exercised by the Site Plan Review Board. Notwithstanding the foregoing, authority to grant of [or] deny minor variations for zoning lots shall be exercised by the entity having authority over major variations for such zoning lot, when a timely objection has been filed pursuant to the provisions of Section 2.12.c.(3).

(2)

Major Variations. Authority to grant or deny major variations is to be exercised by the Zoning Board of Appeals.

(3)

Reserved.

2.12.d. Procedure for Variations.

(1)

[Filing of Application.] Any person, firm, corporation, office, department, or other legal entity having an interest in land, or a possessory interest, option to purchase or a contractual interest which may become a freehold interest or any exclusive possessory interest, and which is specifically enforceable, may file an application for a variance with the consent of the property owner.

(2)

[Decision by Zoning Administrator.] An application for a variation shall be filed with the Zoning Administrator, who shall process the application, analyze the request and make a determination as to whether the request is an allowable variation and whether it constitutes a minor or a major variation. If it is his/her decision that the request is for a minor variation, the Zoning Administrator shall analyze the request and make a decision on the merits of the request, or if the request is within the jurisdiction of the Site Plan Review Board, then he/she shall forward it to the Site Plan Review Board for a decision. All decisions made by the Zoning Administrator shall be in writing and include findings as to the manner in which it meets or fails to meet the standards for variations set forth in this Section of the ordinance.

(3)

Procedure for Minor Variations.

(a)

Applications for such minor variations shall be submitted to the Zoning Administrator who shall set a date for a hearing on such application before the Zoning Administrator, or Site Plan Review Board, as may be the case.

(b)

At the hearing with the minor variation applicant, the Zoning Administrator or Site Plan Review Board may grant preliminary approval or deny approval of the request for the minor variation pursuant to the standards in section 2.12.e. and the authority to impose conditions in section 2.12.f.

(c)

The Zoning Administrator shall mail notices of the hearing to assessees, per department procedures, of the subject property and all property which adjoins or would adjoin the subject property except for the presence of a street or alley adjacent to the subject property for which a preliminary approval of a Minor Variance has been granted by the Zoning Administrator of [or] Site Plan Review Board. The notice shall state that the preliminary approval granted shall become final if no interested party files a written objection to the requested variance within ten (10) days of the date of the notice. All written objections must state the basis for the objection to the requested minor variation. The Zoning Administrator shall also authorize the posting of the Official Notice of Public Hearing Sign, per published department procedures, on the subject property. The unauthorized removal of the Official Notice of Public Hearing Sign shall be deemed a violation of this ordinance.

(d)

In the event the owner or occupant of any property located within 250′ of the subject property files a written objection to the proposed minor variation with the Zoning Administrator within the allowed time, the minor variance request shall not receive final approval.

(e)

Applicants for minor variances that have not received final approval or that have been denied approval may file an application for a major variance public hearing by the Zoning Board of Appeals.

(4)

Procedure for Major Variations. Upon receipt of an application for major variation, the Zoning Administrator shall cause the proposal to be reviewed by the appropriate members of the City staff, and recommendations and proposed findings of fact to be forwarded to the decision making body. In the event the proposed variation is for property subject to site plan review, the recommendations and findings of fact shall be made by the Site Plan Review Board. However, if the proposed variation is for property which is not subject to site plan review, the recommendations and proposed findings of fact shall be made by the Zoning Administrator or his/her designee.

(5)

Notice Requirements for Public Hearing for Major Variation. Not less than fifteen (15) days nor more than thirty (30) days prior to a public hearing for Major Variation, notice of the time and place of such public hearing shall be advertised by:

(a)

Publication at least once in a newspaper of general circulation within the City of Peoria;

(b)

Mailing of notices of the hearing by the City of Peoria to assessees, per department procedures, of the subject property and all property within 250 feet of the property line of the subject property; and

(c)

The posting of the Official Notice of Public Hearing Sign, by the petitioner, per department procedures, on the subject property. The unauthorized removal of the Official Notice of Public Hearing Sign shall be deemed a violation of this ordinance.

2.12.e. Standards for Variations. No variations from the regulations of this ordinance shall be granted unless the entity or person granting such variation shall make findings of practical difficulties or particular hardship based upon the evidence presented to them in each specific case with respect to one or more of the following:

(1)

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

(2)

The property in question cannot yield a reasonable economic return if permitted to be used only under the conditions allowed by the regulations governing the zoning district in which it is located;

(3)

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

(4)

The purpose of the variation is not based primarily upon a desire to increase financial gain;

(5)

The practical difficulty or hardship is caused by this ordinance and has not been created by any persons presently having an interest in the property;

(6)

The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located;

(7)

The granting of the variation will not alter the essential character of the neighborhood or locality;

(8)

The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the danger of fire, or impair natural drainage or create drainage problems on adjacent properties, or endanger the public safety, or substantially diminish or impair property values within the neighborhood;

(9)

The proposed variation is consistent with the Official Comprehensive Plan of the City of Peoria and other development codes and regulations of the City.

2.12.f. Right to Impose Conditions. The person or entity granting any variance may impose such conditions and restrictions upon the premises benefitted by a variation as may be necessary to comply with the standards established in this Section and the objectives of this ordinance.

2.12.g. Allowable Variations. Except as otherwise provided, minor and major variations from the regulations of this ordinance which meet the standards established in Subparagraph 2.12.e. above, may be granted from the standards set forth in this ordinance including but not limited to time requirements, bulk requirements and yard requirements.

However, in no instance shall a variance for a use change be granted. A use change may be obtained with a rezoning amendment or pursuant to Section 5 regulating nonconforming use changes.

2.12.h. Revocation. Where a variation has been granted pursuant to the provisions of this ordinance, such approval shall become null and void unless work thereon is complete within twenty-four (24) months of the date of issuance, unless a more restrictive time period is made a condition of the granting of either a minor variance [or major variance] by the granting authority.

2.12.i. Effect of Denial of a Proposed Variance. No application for a variance which has been denied by the zoning board of appeals shall be submitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of change of condition found to be valid by the Zoning Administrator.

(Ord. No. 13355, § 2, 3-3-92; Ord. No. 13998, § 1, 10-3-95; Ord. No. 14237, § 1, 1-21-97; Ord. No. 14658, § 1, 1-19-99)

2.13.a. Review of Final Decisions by Zoning Administrator or Site Plan Review Board. An appeal may be taken to the Zoning Board of Appeals from any order, requirement, decision or determination made by the Zoning Administrator or the Site Plan Review Board (SPRB), by any persons aggrieved by action taken under the regulations of this ordinance. The Zoning Board of Appeals shall hear the appeal and decide to affirm, reverse or modify and place conditions upon any order of the Zoning Administrator or SPRB.

2.13.b. Initiation. An appeal may be taken to the Zoning Board of Appeals, within 30 days of an administrative ruling, by any person, firm or corporation, or by any office, department, board, bureau, or commission, aggrieved by an administrative order, requirement, decision or determination under this ordinance by the Zoning Administrator or Site Plan Review Board.

2.13.c. Processing. An appeal shall be filed with the Zoning Administrator, who shall forward such appeal to the Zoning Board of Appeals for processing in accordance with applicable statutes of the State of Illinois.

The fees for all appeals shall be as set forth in Section 2.17-1 [2.17.a], Fees, of this ordinance.

2.13.d. Public Hearing and Notice. Notice of all Zoning Board of Appeals hearings shall be made in the same manner as notice of applicants for major variations. A public hearing on all appeals shall be conducted by the Zoning Board of Appeals. The Zoning Administrator, Site Plan Review Board or their designee may appear as a party at such hearings.

2.13.e. Zoning Board of Appeals Decisions. Following a hearing by the Zoning Board of Appeals on any appeal from a SPRB decision, an administrative order, requirement, decision or determination relating to this ordinance, the Zoning Board of Appeals shall make findings and affirm, reverse or modify the SPRB or Administrative decision. A decision by the Zoning Board of Appeals shall be final administrative determination. The Zoning Board of Appeals shall not, by its decision on appeal, permit a variation in the application of the regulations of this chapter. In order to reverse or modify an action, any one or combination of the following findings must be satisfied:

(1)

That the provision in question is unclear and an interpretation is necessary to determine the intent and application of the provision.

(2)

That the Zoning Administrator or SPRB misinterpreted the provisions of this chapter.

The Zoning Board of Appeals shall decide an appeal within 30 days after close of the hearing thereon unless this time period is extended by mutual consent of the Zoning Board of Appeals and the applicant.

(Ord. No. 16435, § 1, 6-9-09)

2.14.a. Authority; Declaration of Public Policy. For the purpose of promoting the public health, safety, and general welfare, conserving the value of property throughout the community and reducing or avoiding congestion in the public streets and highways, the City Council may amend the regulations imposed in the districts created by this ordinance in the manner hereinafter set forth. Also the City Council may amend district boundary lines, provided that in all mandatory ordinances adopted under the authority of this Section, due allowances shall be made for the following:

(1)

Existing conditions;

(2)

The policies, standards, and principles of the official Comprehensive Plan of the City of Peoria, as amended;

(3)

The conservation of property values;

(4)

The trend of development of the entire City and area for which amendment is proposed; and

(5)

The uses to which property is devoted at the time of the adoption of such amendatory ordinance.

2.14.b. Initiation of Amendments. Any person, firm, corporation, office, department, or other legal entity having an interest in land, or a possessory interest, option to purchase or a contractual interest which may become a freehold interest or any exclusive possessory interest, and which is specifically enforceable, may file an application for an amendment with the consent of the property owner.

Amendments may also be proposed by the City of Peoria.

Amendments to the text of this Zoning Ordinance may be proposed by the Zoning Commission, Zoning Administrator, or by any person.

2.14.c. Application for Amendment Procedure. An application for an amendment to this ordinance shall be filed with the Zoning Administrator in such form and accompanied by such information as required by the Zoning Administrator. The Zoning Administrator, upon receiving an application for amendment shall determine and certify that the application is complete, and shall forward it to the Zoning Commission for review, public hearing and a recommendation to the City Council. All proposed map amendments shall be reviewed by the SPRB prior to public hearing by the Zoning Commission.

2.14.d. Hearing on Application. The Zoning Commission shall schedule a public hearing on any proposed amendment in accordance with existing procedures and the Statutes of the State of Illinois. Such public hearing shall be scheduled within 60 days after certification that the application is complete and all required submittals have been received. The public hearing shall be conducted and a written record of the proceedings shall be preserved by the Zoning Administrator acting as secretary to the Zoning Commission.

2.14.e. Notice Requirements for Public Hearing for Amendments. Not less than fifteen (15) days nor more than thirty (30) days prior to a public hearing for amendments, notice of the time and place of such public hearing shall be advertised by:

(1)

Publication at least once in a newspaper of general circulation within the City of Peoria;

(2)

Mailing of notices of the hearing by the City of Peoria to assessees, per department procedures, of the subject property and all property within 250 feet of the property of the subject property; and

(3)

The posting of the Official Notice of Public Hearing Sign, by the petitioner per department procedures, on the subject property. The unauthorized removal of the Official Notice of Public Hearing Sign shall be deemed a violation of this ordinance.

2.14.f. Findings of Fact and Recommendation of the Zoning Commission. The Zoning Commission shall submit written recommendations to the City Council within 45 days of the conclusion of the public hearing. Extension of this time period may be allowed by mutual written consent of the applicant and the Zoning Administrator. Where the purpose and effect of the proposed amendment is to change the zoning classification of a particular property, the Zoning Commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following factors:

(1)

Existing uses of property within the general area of the property in question;

(2)

The zoning classification of property within the general area of the property in question;

(3)

The suitability of the property in question to the uses permitted under the existing zoning classification;

(4)

The trend of development, if any, in the general area of the property in question, including changes to land use or prior amendments to the zoning district regulations thereby altering conditions for use, and development of a property;

(5)

The suitability of the property for the use or uses proposed by the proffered amendment;

(6)

The impact upon the objectives of the Official Comprehensive Plan of the City of Peoria, as amended;

(7)

Investigation of other suitable ways of accomplishing the proposed purpose of the amendatory petition;

(8)

The health, safety and general welfare of the City in [the] general and immediate area of the property subject to the amendment in particular; and

(9)

The enjoyment of property by neighbors for its intended use.

The Zoning Commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment meets the finding of facts requirements, is not detrimental to the public interest, and is in keeping with the policies of the Official Comprehensive Plan of the City of Peoria. The Zoning Commission may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. For the purpose of this paragraph, the RE District shall be considered the highest classification and the I-3 district shall be considered the lowest classification.

2.14.g. Action by the City Council.

(1)

The City Council shall not act upon a proposed amendment to this ordinance until it shall have received written report and recommendations from the Site Plan Review Board and the Zoning Commission on the proposed amendment. The report from the Zoning Commission shall incorporate their findings of fact as specified in Section 2.14.f. Upon receipt of such findings of fact the City Council shall consider the proposed amendment within 30 days of receipt of Zoning Commission written findings of fact and a recommendation. The City Council shall render its decision in a timely manner.

(2)

The City Council shall take action on all proposed amendments to this ordinance forwarded to it by the Zoning Commission.

2.14.h. Effect of Denial of a Proposed Amendment. No application for a text or map amendment which has been denied by the City Council shall be submitted for a period of one (1) year from the date of the order of denial, except on the grounds of new evidence or proof of change of condition found to be valid by the Zoning Administrator.

(Ord. No. 13355, § 2, 3-3-92; Ord. No. 14658, § 1, 1-19-99)

2.15.a. Purpose Statement. The development and execution of this ordinance is based upon the division of the community into districts within which districts the use of land and buildings, 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. Such uses require consideration of their impact upon neighboring land and of the public need for the particular use in a given location. Such Special Uses fall into two categories:

(1)

Uses publicly operated or traditionally associated with a public interest; and

(2)

Uses entirely private in character, but having unusual characteristics so that their operations may give rise to unique circumstances with respect to their impact upon neighboring property or public facilities.

2.15.b. Initiation of Special Use. Any person, firm, corporation, office, department, or other legal entity having an interest in land, or a possessory interest, option to purchase or a contractual interest which may become a freehold interest or an exclusive possessory interest, and which is specifically enforceable, may file an application with the consent of the property owner, to use such land for one or more of the Special Uses provided for in this ordinance in the zoning district in which the land is located. However, where an amendment is being sought to a previously issued Special Use, Use with Approval or Special Exception where there are multiple owners of the property, the consent of a property owner or owners shall only be required from such owner or owners of property whose use, limitations or site requirements would be amended or changed by such application, with all other owners (whose properties are not so affected but are covered by the previously issued Special Use) to be listed in the application for Special Use and provided notice in accordance with the requirements of Section 2.15.e. Notwithstanding the foregoing, the applicant shall mail the other property owners notice of the proposed amendment of the Special Use, Use with Approval or the Special exception not less than fifteen (15) days nor more than forty-five (45) days prior of [to] the Public Hearing. The application shall submit certification of the mailing of the notice of the proposed amendment of the Special Use, use with Approval or Special Exception prior to the Public Hearing.

A Special Use may also be initiated by the City of Peoria.

2.15.c. Application for Special Use. An application for a special use shall be filed with the Zoning Administrator. The application shall be accompanied by such plans and/or data prescribed by the Zoning Administrator, including, but not limited to a detailed site plan, conceptual rendering and elevations. The site plan shall contain as a minimum, the following:

(1)

Reserved.

(2)

Points of ingress and egress for the proposed development.

(3)

Parking plan illustrating internal circulation for the proposed development.

(4)

Sign plan for all activity.

(5)

Landscaping, screening and buffering plans illustrating specific treatment for screening adjacent residential areas from undesirable impacts from the activity on the proposed site.

(6)

Exterior lighting plan illustrating the location of all illuminating fixtures.

(7)

Estimated traffic generation of the proposed development.

(8)

Illustration of any special treatment of the proposed site that enhances the quality of design.

(9)

Boundary lines—Bearings, distances and acreage.

(10)

Easements—Location, width and purpose.

(11)

Reserved.

(12)

Streets on, adjacent to, the tract—Street name, right-of-way width, existing or proposed center line elevations, pavement types, walks, curbs, gutters, culverts, etc.

(13)

Open space—All parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the purpose indicated.

(14)

Map data—Name of development, north point, scale and date of preparation.

(15)

An accurate legal description of the subject property.

(16)

Designation of proposed use of the property, the location of all buildings to be constructed, and a designation of the specific internal uses to which each building shall be put.

(17)

Elevations.

After the Zoning Administrator certifies the application to be completed, it shall be forwarded from the Zoning Administrator to the Site Plan Review Board for technical review and the Zoning Commission for public hearing and recommendation to the City Council.

2.15.d. Hearing on Application for Special Uses. The Zoning Commission shall hold a public hearing on each application at such time and place as shall be established by the Zoning Commission. Such hearing shall be scheduled not more than 60 days from the submitted date of a complete application for a special use by the Zoning Administrator. The public hearing shall be conducted and a written record of the proceedings shall be preserved.

2.15.e. Notice Requirement for Public Hearing for Special Use. Not less than fifteen (15) days nor more than thirty (30) days prior to a public hearing for Special Use, notice of the time and place of such public hearing shall be advertised by:

(1)

Publication at least once in a newspaper of general circulation within the City of Peoria;

(2)

Mailing of notices of the hearing by the City of Peoria to assessees, per department procedures, of the subject property and all property within 250 feet of the property line of the subject property; and

(3)

The posting of the Official Notice of Public Hearing Sign, by the petitioner, per department procedures, on the subject property. The unauthorized removal of the Official Notice of Public Hearing Sign shall be deemed a violation of this ordinance.

2.15.f. Involvement of the Site Plan Review Board. All applications for special uses shall be forwarded by the Zoning Administrator to the Site Plan Review Board for their review. The Site Plan Review Board shall review the site plan and report its findings and recommendations to the Zoning Commission within 30 days of the original filing of a certified complete application for said special use.

2.15.g. Zoning Commission Findings. For each application for a special use the Zoning Commission shall, within 45 days of the conclusion of the public hearing on the application, render its decision to recommend the proposed special uses and shall report its recommendations to the City Council together with findings of fact relating to each of the standards. In making its decision, the Commission shall keep a written record of findings relative to the standards for considering special use applications as listed in the following standards.

2.15.h. Standards. No special use shall be recommended by the Zoning Commission, unless it shall find that:

(1)

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

(2)

The special use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located;

(3)

The establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

(4)

Adequate facilities, access roads, drainage and/or necessary facilities have been or will be provided;

(5)

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;

(6)

The proposed special use is not contrary to (supports and furthers) the objectives of the Official Comprehensive Plan of the City of Peoria, as amended;

(7)

If a public use or a use providing public utility service, that such use or service shall meet a demonstrable public need, and provide a public benefit;

(8)

The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendations of the Zoning Commission.

2.15.i. Conditions and Guarantees. Prior to the granting of any special use, the Zoning Commission may recommend and the City Council may place such conditions and restrictions, upon the establishment, locations, construction, maintenance, and operation of the special use as it is deemed necessary for the protection of the public interest and to secure compliance with the standards of requirements specified in Section 2.15.h. above. In all cases in which special uses are subject to conditions, the Zoning Commission may recommend and the City Council require evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.

2.15.j. Effect of Denial of Special Use. No application for a special use which has been denied wholly or in part by the City Council, shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or if proof of change of conditions is found to be valid by the Zoning Administrator.

2.15.k. Revocation. In any case where a special use is not in place and in active use within two years from the date of granting, and/or in accordance with the terms of the special use originally granted, then, without further action by the Zoning Commission and the City Council, the special use, or authorization thereof, shall be null and void.

2.15.l. Planned Unit Developments (PUDs).

(1)

The Purpose of the Planned Unit Development. The purpose of Planned Unit Developments are to provide a mechanism to accommodate development which is in the public interest, and would not otherwise be permitted pursuant to this ordinance. A PUD may be primarily commercial, industrial, residential, institutional, or mixed use.

A Planned Unit Development is of substantially different character than other uses described in this ordinance and is therefore a special use. The Planned Unit Development requirements and regulations allow for far more flexibility than those pertaining to other uses; therefore Planned Unit Developments shall be considered by the Zoning Commission and decided by the City Council on a case-by-case basis.

A Planned Unit Development shall be granted as a unique type of special use in the districts in which planned unit developments are allowed, in accordance with the procedures and standards set forth in this Section.

It is anticipated that Planned Unit Developments will offer one or more of the following advantages:

(a)

Designs in residential areas which reflect the historic open character of single family areas of the City;

(b)

Designs which provide substantial buffers and transitions between areas of different land use and development densities;

(c)

Designs which enhance the appearance of neighborhoods by conserving streams, areas of natural beauty, and natural green spaces;

(d)

Designs which counteract possible urban monotony and congestion in streets;

(e)

Designs which promote compatible architecture between adjacent buildings; and

(f)

Designs which will buffer differing types of land use and intensities of development from each other so as to minimize any adverse impact which new development may have on existing or zoned development.

(2)

Intent. These provisions are also intended to provide an opportunity to accommodate developments that involve one or more uses and that may be located in more than one zoning district.

In general, the Planned Unit Development provisions of this ordinance are intended to provide the following:

(a)

A choice in the type of environment available to the public by allowing development that would not be possible under the strict application of other Sections of this ordinance;

(b)

Development and/or permanent reservation of open space, recreational areas and facilities;

(c)

A land use plan which permits preservation of green space, natural vegetation, topographic and geological features and historic resources;

(d)

A creative approach to the use of land and related physical facilities which results in better urban design, higher quality construction and the provision of aesthetic amenities;

(e)

The efficient use of land, so as to promote economies in the provision of utilities, streets, schools, public grounds and buildings, and other facilities;

(f)

Innovations in development so that the growing needs and demands of the population may be met by a greater variety in type, design, and layout of buildings, and by conservation and more efficient use of open space ancillary to said buildings, all in a manner so as to be consistent with the character of the zoning district in which the Planned Unit Development is located;

(g)

A land use which promotes the public health, safety, comfort, morals and welfare.

It is not intended that the City will automatically grant the use of exceptions or maximum density increases for all Planned Unit Developments, but it is expected that the City Council shall grant only such increases or uses which are consistent with the benefits accruing to the City as a result of the planned development. Therefore, the Zoning Commission may recommend and City Council may require as a condition of approval any reasonable condition, limitation or design factor which will promote proper development of a Planned Unit Development.

(3)

Authority. The Zoning Commission shall have the authority to review Planned Unit Developments and make recommendations to the City Council, including any waivers of the City's Zoning and Subdivision Regulations. The City Council shall have the final reviewing authority.

(4)

Special Requirements for Planned Unit Development.

(a)

The minimum gross area required for a planned development shall be ten (10) acres.

(b)

The procedures and standards set forth in this Planned Unit Development section shall apply to all planned unit developments which are proposed, or maintained within the City of Peoria, or in an unincorporated area within one and one-half miles from the City limits.

(5)

Procedure. All required improvements, construction standards, design standards and all other engineering standards contained within the City's Subdivision Regulations must be complied with, except where specifically varied through the provisions of this section of the ordinance.

The City Council shall make final administrative decisions on Planned Unit Developments relying, in part, upon written findings and recommendations from the Zoning Commission, and the Site Plan Review Board.

Applications shall be made on forms provided by the City and shall be accompanied by the required plats and documents. The application, and each step set forth herein shall be reviewed and certified as complete by the Zoning Administrator and to be in accordance with the Planned Unit Development requirements.

(6)

Preapplication Conference. Prior to filing a formal application for approval of a Planned Unit Development, the applicant shall schedule a preapplication meeting with the Zoning Administrator.

The purpose of such a conference is to allow the Zoning Administrator, or his/her delegate, to inform the applicant of all applicable ordinances, rules, regulations, plans, policies, standards, and procedures which are at that time officially adopted and which may affect the proposed development, or consideration of said development by the Zoning Commission. Such a conference also allows the applicant to present a general concept of his/her proposed development prior to the preparation of detailed plans. The applicant shall present material including the following, at the Preapplication Conference:

(a)

A written "Letter of Intent" from the applicant establishing his/her intentions as to development of a specific Planned Unit Development located within the City of Peoria.

(b)

A location map.

(c)

Sketch plans and ideas regarding land use, dwelling type and density, street and lot arrangement and tentative lot sizes.

(d)

Tentative proposals regarding water supply, sewage disposal, surface drainage and street improvements.

(e)

A statement setting forth the reasons why the relief sought requires the use of a planned unit development and could not be sought by application for one or more variances.

(f)

Other material the applicant may wish to present.

The Zoning Administrator shall advise the applicant of the zoning requirements and official City plans and policies which might affect the proposed development as well as the procedural steps for approval.

(7)

Preliminary Plan. The preliminary plan and application for the Planned Unit Development shall be submitted to the Zoning Administrator who, after certifying the application to be complete, shall forward it to the Site Plan Review Board for technical review and to the Zoning Commission for their consideration, public hearing and subsequent recommendation to the City Council. The Zoning Commission may request review of the Planned Unit Development by, and recommendations from other appropriate departments, offices and agencies it deems affected by the proposed development.

The required procedure for consideration and approval of the Preliminary Plan shall be:

(a)

Submission of the following:

(1)

Items (a) through (e) required for the preapplication conference.

(2)

Written application for approval of a Planned Unit Development shall be made on forms and in the manner prescribed by the City.

(3)

A statement of conformity with City's Subdivision Regulations along with a list of any requested variations from this ordinance.

(4)

Copies of the Preliminary Planned Unit Development Plan and supporting data shall be submitted to the City for certification as to conformity with these PUD regulations, recommendations, and suggestions regarding the overall design.

(b)

Copies of the Preliminary Planned Unit Development Plan and supporting data may be made available to any other taxing district, which might be affected by the development. The Zoning Administrator or his/her designee may notify any other taxing district or entity of a filing of an application for a PUD which he/she deems may be affected by the development.

(c)

The Site Plan Review Board shall review the preliminary plan and submit written findings and recommendations to the Zoning Commission.

(d)

The Zoning Commission shall review and consider and hold a public hearing on each application for approval of a Planned Unit Development.

(e)

Following the public hearing, review of the preliminary plan, Site Plan Review Board findings and recommendations and other supporting data, the Zoning Commission shall make its findings and recommendations and send a written report to the City Council which shall include findings of fact, pursuant to Section 2.15.l.(11)(c)(6), upon which its findings and recommendations are based. Such findings and recommendations shall include a recommendation for approval, disapproval, or approval with modifications. This report to the City Council must be submitted within 60 days after the last session of the public hearing of the Zoning Commission or the Commission must indicate to the City Council why such report cannot be rendered within that time period.

(f)

The City Council shall act upon the recommendation within 120 days after receipt of the Zoning Commission's report. The City Council may approve with modifications, refer back to the Zoning Commission, disapprove the plan or provide written explanation to the petitioner on why an extension is required for City Council action. The time period for action shall be exclusive of any time extensions or continuances requested by the petitioner.

(g)

Approval of the Preliminary Plan for a Planned Unit Development shall not constitute approval of the Final Planned Unit Development Plan. Rather it shall be deemed an expression of approval of the concepts and details of the Preliminary Plan of the Planned Unit Development, which are set forth in the Application for Approval of the Planned Unit Development, and as a specific guide to the preparation of final documents which are required as part of the Application for Approval of the Final Planned Unit Development Plan. Further, it indicates approval of the details set forth in the application and a commitment by the applicant to such details.

No building permit shall be issued for any structure until the Final Plan has been filed, approved by the City Council, and recorded with the County Recorder, as provided below.

(h)

Upon approval of the Preliminary Plan by the City Council a record shall be certified by the City Clerk including the Application for Approval of a Preliminary Plan for a Planned Unit Development, conditions applied, modifications and any density premiums which may be granted, and exceptions, if any, to the plan shown in the application which were ordered by the City Council.

(i)

The applicant may choose to construct facilities and other improvements described in Article VII of the Subdivision Ordinance prior to the approval of the Final Plan. Approval for such construction may be granted by the City Council at the time a Preliminary Plan is approved. When such approval is granted and appropriate performance bonds and guarantees accepted by the City Council in accordance with the requirements set forth in Section 7-201 of the Subdivision Ordinance, permits may be issued for the construction of such facilities or other improvements.

(8)

Final Plan. The purpose of the Final Plan is to designate with particularity the land subdivided into conventional lots as well as the division of other lands, not so subdivided, into common open areas and building sites. Preliminary Plan shall generally locate buildings, whereas the Final Plan shall show the exact location of each building to be constructed and a designation of the specific internal use to which each building shall be put. The Final Plan also functions to inform all who deal with the Planned Unit Development of the restrictions placed upon the land and acts as a zoning control device.

The Final Planned Unit Development Plan shall conform substantially to the Preliminary Plan as approved, and if desired by the applicant, it may be submitted in stages, with each stage representing a unit of the approved Preliminary Plan which is recorded and to be developed; provided, however, that such unit conforms to all requirements of these regulations. The required procedure for approval of a Final Plan shall be:

(a)

The Final Plan and supporting data shall be filed with the Zoning Administrator for certification that the Final Plan is in conformity with these regulations and in agreement with the approved Preliminary Plan.

(b)

All Final Plans shall be accompanied by a written construction schedule for the development.

(c)

After review of the Final Plan and supporting data, the Zoning Administrator shall send his/her findings and recommendations for all final plans, which are found to substantially conform to the Preliminary Plan, to the City Council within 30 days of receipt of such final plan from the applicant. The City Council shall, within 60 days, act upon such recommendations. Disapproval of the Final Plan shall include a statement of the reasons thereof.

If the Zoning Administrator, upon his/her review finds major changes on the final plans, the plans shall be sent to the Zoning Commission for review subject to procedures and regulations for new Planned Unit Developments except that no pre-application conference shall be required.

(9)

Changes in the Planned Unit Development. A Planned Unit Development shall be developed only according to the approved and recorded Final Plan and all supporting data. The recorded Final Plan and supporting data, together with all recorded amendments, shall be binding on the applicants, their successors, grantees and assigns and shall limit and control the use of the premises (including the internal use of buildings and structures) and location of structures in the Planned Unit Development, as set forth therein.

(a)

Major Changes. Changes which alter the concept or intent of the Planned Unit Development, including but not limited to: increases in the density; increases in the height of the building; reductions or of proposed open space; more than a 10 percent modification in proportion of housing types; changes in standards or alignment of roads; utilities; water; electricity; and drainage; or changes in the final governing agreements, provisions, or covenants, may be approved only by submission of a new Preliminary Plan and supporting data, and following the "preliminary approval" steps, holding of a new public hearing and subsequent amendment of the Final Planned Unit Development Plan.

(b)

Minor Changes. The administrator or his/her designee may approve minor changes to the conditions of an approved Special Use Permit or Planned Unit Development, provided it is determined that the proposed change(s) are an allowed use within existing the existing zoning district and are in keeping with the approved land use and general conditions of the site plan adopted by the Peoria City Council. It should further be determined that the proposed change will not be detrimental to the public health, safety or welfare of the surrounding properties.

(10)

Recording the Final Plan. The ordinance construction of the Planned Unit Development shall be effective only upon recording of the Final Planned Unit Development Plan and supporting data with the County Recorder of Deeds by the petitioner. No permit allowing construction of a building or other development, shall take place until the required recording of the Final Plan, approval of the final engineering plans by the City Engineer and the posting by the applicant of the required improvement deposits, as set forth in Section Article VII of the Subdivision Ordinance. All recording costs shall be paid by the applicant.

(11)

Specific Content of Plans. Planned Unit Development Plans and supporting data shall include all documentation listed in this section of the zoning ordinance. In developing plans and specifications for all required improvements, the applicant must also conform to the standards set forth in the City's Subdivision Regulations or specifically state where and for what purpose he/she wishes to be granted exceptions to those regulations.

(a)

Pre-application Stage.

(1)

General Site Information: Data regarding site conditions, land characteristics, general land use zoning, available community facilities and utilities, existing covenants, and other related general information about land uses within one-half mile of the proposed site perimeter.

(2)

Sketch Plan: A scaled drawing in simple sketch form showing the proposed location and extent of the land uses, major streets, lots, and other features as they are related to the site.

(3)

Legal Description: A property survey and legal description of the site proposed for development.

(b)

Preliminary Plan Stage.

(1)

Detailed Plan: A drawing of the Planned Unit Development shall be prepared at a scale not less than one inch equals 50 feet and shall show such designations as proposed streets (public and private), all buildings, their yards and their use, common open space, recreation facilities, parking areas, service areas, and other facilities to indicate the character of the proposed development. The submission may be composed of one or more sheets and drawings, and shall include:

(a)

Boundary lines—Bearings, distances and acreage.

(b)

Easements—Location, width and purpose.

(c)

Existing land use—Within 500 feet of all sides of the site.

(d)

Other conditions on adjoining land—Actual direction and gradient of ground slope, including any embankments or retaining walls; character and location of major buildings, railroads, power lines, towers and other nearby nonresidential land uses or adverse influences; for owners of adjoining platted land refer to subdivision plat by name, recording date and number and show approximate percent built up, typical lot size, and dwelling type.

(e)

Zoning on and adjacent to the tract.

(f)

Streets on, adjacent to, the tract—Street name, right-of-way width, existing or proposed center line elevations, pavements [pavement] type[s], walks, curbs, gutters, culverts, etc.

(g)

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

(h)

Utilities on, adjacent to, the tract—Location, size and invert elevation of sanitary and storm sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines and street lights; direction and distance to, and size of nearest water mains and sewers adjacent to the tract showing invert elevation of sewers.

(i)

Ground elevation on the tract and on the first 50 feet on all adjacent tracts of land showing one-foot contours for land which slopes less than one-half percent along with all breaks in grades, at all drainage channels or swales, and at selected points not more than 100 feet apart in all directions; for land that slopes more than one-half percent showing two-foot contours. Any land within the 100 year floodplain within the project area shall be identified on these plans.

(j)

Subsurface conditions on the tract, if required, tests made to ascertain subsurface soil, rock and groundwater conditions, depth to groundwater, unless test pits are dry at a depth of five feet.

(k)

Other conditions on the tract—Water courses, marshes, rock outcrops, wooded areas, isolated trees one foot or more in diameter, existing structures and other significant features.

(l)

Title and certificates—Present tract designation according to official records in offices of the County Recorder; title under which the proposed development is to be recorded, with names and addresses of owners, and notation stating acreage. Owners shall include beneficial owners of any land trust.

(m)

Names—The names and addresses to whom notices of hearings hereunder shall be sent, including the subdivider or developer, the designer of the subdivision or development, and the owners of the land immediately adjoining the land to be platted.

(n)

Open space—All parcels of land intended to be dedicated for public use or reserved for the use of all property owners, with the purpose indicated.

(o)

General location, purpose, and height of each building, other than detached single-family residences or individually platted lots.

(p)

Map data—Name of development, north point, scale and date of preparation.

(q)

Miscellaneous—Such additional documents as may be required by the Zoning Administrator. The Zoning Administrator shall inform the applicant of such requirements after the pre-application stage and again after the initial presentation of the Preliminary Plan to the Zoning Commission.

(r)

Legal description.

(2)

Variations: Identification and explanation of those aspects of the proposed Planned Unit Development that vary from the Zoning Ordinance requirements applicable to the underlying zoning district and from the Subdivision Regulations of the City.

(3)

Character: Explanation of the character of the Planned Unit Development and the reasons why it has been planned to take advantage of the flexibility of these regulations. This item shall include a specific explanation of how the proposed Planned Unit Development meets the objectives of all official plans which affect the land in question.

(4)

Ownership: Statement of present and proposed ownership of all land within the project including the beneficial owners of a land trust.

(5)

Schedule: Development schedule indicating:

(a)

Stages in which project will be built, with emphasis on area, density, use and public facilities, such as open space to be developed with each stage. Each stage shall be described and mapped as a unit of the project. Overall design of each unit shall be shown on the plan and through supporting graphic material.

(b)

Dates for beginning and completion of each stage.

(6)

Covenants: Proposed agreements, provisions, or covenants which will govern the use, maintenance, and continue protection of the Planned Unit Development and any of its common open space.

(7)

Nonresidential Intensity: Provide information on the type and amount of nonresidential uses including building locations, sizes, floor area ratio, building height, the amount and location of common open space, the hours of operation, number of employees, and specific uses.

(8)

Service Facilities: Provide information on all service facilities, driveways, private streets, paths and off-street parking facilities.

(9)

Architectural Plans: Preliminary architectural plans for all primary buildings shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the building, and the number, size, and type of dwelling units.

(10)

Facilities Plan: Preliminary plans and, if requested by the City of Peoria, feasibility reports for:

(a)

Roads, including classification, width of right-of-way, width of pavement, and construction details.

(b)

Sidewalks.

(c)

Sanitary sewers.

(d)

Storm drainage.

(e)

Water supply system.

(f)

Street lighting.

(g)

Public utilities.

(11)

Landscape Plan: A detailed landscape planting plan for the site including a plant list containing the common and botanical names, sizes, at the time of installation, and quantities of all plants, permanent signs and street fixtures. A "typical" planting detail may be provided for any area such as a building foundation that will use a specific planting layout in more than one location on the site.

(12)

Community-Benefit Analysis: If requested by the Zoning Administrator and Zoning Commission, a study shall be prepared indicating the fiscal impact of the Planned Unit Development on major taxing bodies which shall include but not be limited to the municipal corporation, school district(s), park district and other taxing bodies.

Information will include detailed estimates on expected population of the development; the operating cost to be incurred by each taxing body; any additional major capital investments required, in part or in whole, because of the Planned Unit Development; revenue generated for each taxing body by the Planned Unit Development to offset service and fiscal demands created by the Planned Unit Development. The study should include a cash flow analysis based on the proposed staging of the Planned Unit Development.

(13)

Traffic Analysis: If requested by the Zoning Administrator or the Zoning Commission, a study of the impact caused by the Planned Unit Development on the highway systems operating in the City will be required.

(14)

Environmental Analysis: If requested by the Zoning Administrator or the Zoning Commission, the major impacts of the Planned Unit Development on the environment shall be analyzed and shall disclose all major negative impacts as defined from time to time by the City Council. Generally, these impacts would include effects on discrete ecosystems, deteriorated air quality in the immediate vicinity and along arterial and collector highway corridors leading to the Planned Unit Development, to a distance established by the City Engineer; any deterioration in the groundwater or surface water quality; effect on sensitive land areas identified by the City Council from time to time, such as floodplains, wetlands, forests, aquifer recharge areas, historic buildings or structures, or prairie landscapes, and mineral resource reserves.

(15)

Neighborhood Association Meeting: The petitioner shall meet with any neighborhood association on record with the City and identified by the City as affected, due to proximity, by the development. The petitioner shall present the City with a letter from the President of the Association certifying that a meeting was held to discuss the plan, and the results shall be summarized.

(c)

Final Plan Stage.

(1)

Final Detailed Plan: A Final Plan, suitable for recording with the County Recorder of Deeds, shall be prepared by the petitioner.

The purpose of the Final Plan of the Planned Unit Development is to designate with particularity the land subdivision into conventional lots as well as the division of other lands, not so treated, into common open space areas and building areas, and to designate and limit the specific internal uses of each building, structure, and use of land. Final Plans and supporting data shall show in detail and design, the location and internal use of all buildings and the overall development, as well as such additional information as the City Council or the Zoning Commission may have required when approving the Preliminary Plan. The Final Plan of the Planned Unit Development shall include, but not be limited to:

(a)

An accurate legal description of the entire area under immediate development within the Planned Unit Development.

(b)

If subdivided lands are included in the Planned Unit Development, a subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat in accordance with the City's Subdivision Regulations.

(c)

An accurate legal description of each separate unsubdivided use area, including open space.

(d)

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

(e)

A statement signed by an Illinois Registered Professional Engineer stating that:

The Planned Unit Development will conform to City Standards for run-off.

The Planned Unit development will not overload existing storm or sanitary sewers.

Except where a specific variation is stated, the design of all improvements is in accordance with the City of Peoria, Subdivision Regulations as well as standard and good engineering practice.

(f)

Certifications, seals, and signatures required for the dedication of land and recording of the document.

(g)

Tabulation on each separate subdivided use area, including land area, number of buildings, number of dwelling units per acre.

(h)

Construction schedule.

(2)

Common Open Space Documents: All common open space, at the election of the City shall be:

(a)

Conveyed to a municipal or public corporation.

(b)

Conveyed to a not-for-profit corporation or entity established for the purpose of benefiting the owners and residents of the Planned Unit Development or adjoining property owners or any one or more of them. All lands conveyed hereunder shall be subject to the right of the grantee or grantees to enforce maintenance and improvement of the common open space; or

(c)

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

(3)

Improvements—Guarantee of Performance: The owner and/or developer shall guarantee the completion of all required improvements and facilities, as set forth in the City of Peoria's Subdivision Regulations, except where varied by this application of these procedures, whether said improvement or facilities shall become public or remain private, by either completing the improvements in advance of approval of the Final Plan or submitting irrevocable letters of credit in a form and from a financial institution acceptable to the City's legal department (or an escrow department) in an amount equal to at least 100 percent of the construction cost estimate approved by the City Engineer of said improvements and facilities at the time said improvements and facilities are scheduled to be installed according to the Planned Unit Development's staging program.

(4)

Use Exceptions: The Zoning Commission may recommend and the City Council may authorize that there be allowed in part of the area of a proposed Planned Unit Development, specified uses not permitted by the use regulations of the districts in which said development is located, provided that the Zoning Commission shall find:

(a)

That the uses permitted by such exception are necessary or desirable and are appropriate with respect to the primary purpose and character of the Planned Unit Development.

(b)

That the uses permitted by such exception are not of such nature or so located as to exercise a detrimental influence on the neighborhoods surrounding the Planned Unit Development, or upon the internal character of any part of, or all of the Planned Unit Development, itself.

(c)

Bulk Regulations: In the case of any Planned Unit Development, the Zoning Commission may recommend and the City Council may authorize exceptions to the applicable bulk regulations of this ordinance within the boundaries of such Planned Unit Development, provided that the Zoning Commission shall find:

(d)

That such exception shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such development, as well as the neighboring property, than would be obtained under the bulk regulations of this ordinance for buildings developed on separate zoning lots;

(e)

That along the entire periphery of such Planned Unit Development a 25 foot wide minimum yard shall be provided. This dimension may be increased for any yard upon review of the Planned Unit Development.

(5)

Designation of Permanent Common Open Space:

(a)

Definition: Permanent open space shall be defined as parks, playgrounds, landscaped green space not including schools, community centers or other similar areas in public ownership or areas covered by an open space easement.

(b)

Designation: No plan for a Planned Unit Development shall be approved, unless such plan provides for permanent landscaped open space equivalent to the following by type of Planned Unit Development:

(i)

Planned Residential Development: 35 percent.

(ii)

Planned Commercial Development: 10 percent.

(iii)

Planned Office Development: 25 percent.

(iv)

Planned Industrial Development: 15 percent.

(6)

Finding of Facts. In reporting its findings and recommendations on a Planned Unit Development Preliminary Plan to the City Council, the Zoning Commission will submit findings of facts upon which it has based its recommended action. These findings of fact will relate to the specific proposal and shall set forth with particularity in what respects the proposal would or would not be in the public interest, including, but not limited to, findings of fact on the following:

(a)

In what respects the proposed plan is or is not consistent with the stated purpose of the Planned Unit Development Regulations.

(b)

The extent to which the proposed plan meets the requirements and standards of the Planned Unit Development Regulations.

(c)

The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to, the density, dimension, area, bulk, and improvements, construction and design standards and the reasons why such departures are or are not deemed to be in the public interest.

(d)

The extent of public benefit produced, or not produced, by the Planned Unit Development in terms of meeting the planning objectives and standards of the City. Any specific beneficial actions, plans or programs agreed to in the Planned Unit Development proposal which are clearly beyond the minimum requirements of this ordinance shall be specifically listed as evidence of justified bulk premiums and/or use exception.

(e)

The physical design of the proposed plan and the manner in which said design does, or does not, make adequate provision for public services, provide adequate control over vehicular traffic, provide for and protect designated common open space, and further the amenities of light and air, recreation and visual enjoyment.

(f)

The reasons why the approval of proposed construction, or land uses require a planned unit development and could not be sought under other provisions of this ordinance.

(g)

The relationship and compatibility, beneficial or adverse, of the proposed plan to the adjacent properties and neighborhood.

(h)

The desirability of the proposed plan to the City's physical development, tax base and economic well-being.

2.15.m. Standard for Bed and Breakfast Establishments. No bed and breakfast establishment shall be granted unless the following standards are met:

(1)

A minimum of 500 feet shall exist between each bed and breakfast establishment.

(2)

Signage shall not exceed 12 inches by 12 inches.

(3)

If the proposed site is located within a recognized local, state, or national historic district or if the residence has been designated a landmark structure, then the owner shall maintain the structure as required or bring the structure up to historic compliance.

(4)

Parking shall be in accordance with Section 15.2.b.(1). The parking shall be on existing paved surfaces or inside garages, as provided prior to the application for the special use. In addition, the required parking does not have to be independently maneuverable. Parking anywhere other than the provided off-street parking from midnight to 6:00 a.m. is prohibited.

(5)

The bed and breakfast establishments must obtain all necessary permits as required by the health department, historic preservation commission, City of Peoria, and State of Illinois.

(6)

In addition to Section 2.15.k. the special use for a bed and breakfast establishment can be revoked if in violation of the above requirements.

2.15.n. Reserved.]

2.15.o. [Reserved.]

(Ord. No. 13766, § 1, 6-21-94; Ord. No. 13836, § 1, 11-1-94; Ord. No. 14237, § 1, 1-21-97; Ord. No. 14658, § 1, 1-19-99; Ord. No. 14968, § 1, 7-18-00; Ord. No. 15614, § 1, 4-27-04; Ord. No. 15782, § 1, 5-24-05; Ord. No. 16178, § 1, 8-28-07; Ord. No. 16443, § 1, 6-23-09)

2.16.a. Purpose. The purpose of the Official Development Plan is to provide a mechanism for the review and approval of land uses within the institutional districts. It is anticipated that a separate Official Development Plan shall be approved for each institution within the institutional district, and that the development plan for each institution will be applicable to all the property owned or controlled by the institution which is within an institutional district.

2.16.b. Application for Adoption or Amendment of an Official Development Plan. An application for an Official Development Plan shall be filed with the Zoning Administrator and shall be accompanied by a site plan and text setting forth the information described below, and such other information as shall be required by the Zoning Administrator:

(1)

The boundaries of the area to be designated in the official development plan.

(2)

The location of all existing structures, and structures for which building permits may be sought in the immediate future.

(3)

Points of ingress and egress for the area designated within the official development plan.

(4)

Any change from the requirements which would govern parking, signs, landscaping, setback, or yard use.

(5)

Landscaping, screening and buffering plans illustrating specific treatment for screening adjacent areas from the impacts of activities on areas designated in the official development plan.

(6)

An exterior lighting plan illustrating the location of all illuminating fixtures, or illuminated signs.

(7)

Illustration of any special treatment of the proposed site that enhances the quality of design.

(8)

Streets on, adjacent to, or within the area located within the official development plan.

(9)

Customary map data such as the name of the institution seeking approval of an official development plan, north point, scale, and date of preparation.

(10)

A legal description of the property to be located within an area designated in the official development plan.

(11)

Specific designation of the uses, and special uses sought to be approved for the area within the official development plan, or for specific portions of the area designated in any such official development plan.

(12)

Any variation from the overall required parking, or perimeter setback requirements which is sought.

2.16.c. Review of Application for Adoption or Amendment. The application by interested persons or city officials for approval or amendment of an official development plan shall be forwarded by the Zoning Administrator to the Site Plan Review Board. After reviewing the application, the Site Plan Review Board shall prepare recommendations and a technical review and shall forward the application, its review and recommendations to the Zoning Commission. The Zoning Commission shall conduct a public hearing on the proposed official development plan, or amendment to such plan, pursuant to notice.

Notice of any hearing on a proposed official development plan shall be provided in the same manner, and to the same persons as notices of an application for special uses.

Where an amendment is being sought to a previously issued official development plan where there are multiple owners of the property, the consent of a property owner or owners shall only be required from such owner or owners of property whose use, limitations or site requirements would be amended or changed by such application, with all other owners (whose properties are not so affected but are covered by the previously issued official development plan) to be listed in the application for official development plan and provided notice in accordance with the requirements of section 2.15.e. Notwithstanding the foregoing, the applicant shall mail the other property owners notice of the proposed amendment of the official development plan not less than fifteen (15) days nor more than forty-five (45) days prior to the public hearing. The applicant shall submit certification of the mailing of the notice of the proposed amendment of official development plan prior to the public hearing.

In the event that a variance or special use is sought in connection with the application for adoption of an official development plan, or an amendment thereto, the hearing on the proposed variance shall be conducted by the Zoning Commission at the same time as the hearing on the application for approval or amendment of the official development plan. The Zoning Commission shall make such findings as are relevant for consideration of variances or special uses.

2.16.d. Standards. No official development plan shall be recommended by the Zoning Commission unless it shall make findings relevant to the following:

(1)

The adoption of the official development plan, and maintenance of uses permitted or designated in the plan will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare.

(2)

The uses, landscaping, parking, screening, and signage designated in the plan will not be injurious to the uses and enjoyment of other property in the immediate vicinity, and will not substantially diminish property values in the neighborhoods adjacent to the area designated in the plan.

(3)

Adequate facilities, access roads, drainage, and/or other necessary facilities exist or will be provided.

(4)

Measures have been or will be taken to provide adequate ingress and egress to minimize traffic congestion of public streets.

2.16.e. Conditions and Guarantees. Prior to approval of any official development plan, the Zoning Commission may recommend and the City Council may place such conditions and restrictions on the land within the official development plan or upon the establishment, locations, construction, or operation of facilities described in the plan as it deems necessary for the protection of the public interest. Any such conditions, and the guarantees approved by the City Council shall become part of the plan and shall be enforceable in the same manner as all regulations contained in this Ordinance.

2.16.f. Approval of the Plan. After receiving recommendations from the Zoning Commission with respect to a proposed official development plan, the City Council may reject the proposed plan, refer it back to the Zoning Commission for further hearing, or adopt an ordinance approving the official development plan. The City Council must take action upon any proposed official development plan within sixty (60) days of receiving recommendations from the Zoning Commission. Any official development plan which has been adopted pursuant to the provisions of this chapter shall be construed as an Amendment to this ordinance, and a notation designating the adoption of such plan shall be placed on the zoning district map maintained by the Zoning Administrator. Copies of all official development plans which have been adopted shall be kept by the Zoning Administrator and shall be available for public inspection.

(Ord. No. 16474, § 1, 9-2-209)

2.17.a. The fees for any application for a variation shall be as set forth in Section 2.17.a.(1), Variance Application Fees Table.

Section 2.17.a (1) Variance Application Fees Table

An application for a map amendment (rezoning), except as noted below, shall be accompanied by a fee of six hundred twenty-five dollars ($625.00) plus one hundred dollars ($100.00) per acre and in no event shall such fee exceed a maximum of seven thousand five hundred dollars ($7,500.00). An application for an amendment to a more restrictive district than what the property is currently classified and is such change is in conformance with the comprehensive plan, shall not be charged a fee. For the purpose of construing this requirement, the RE district shall be considered the most restrictive and the I3 district shall be considered the least restrictive.

Such application shall also be accompanied by a legal description of the property involved, the specific relief requested and pertinent facts relating thereto, documentary compliance with any land trust disclosure provisions of the City ordinances, proof of legal ownership and such further additional information as may be from time to time required by the City. Such applications shall also be accompanied by an additional fee for the cost of the Official Notice of Public Hearing Sign.

The City will prepare and have published the appropriate legal notice of any appropriate ordinance relating thereto.

No more than two (2) deferrals of a public hearing may be requested by the petitioner of a variance, amendment, special use, or amendment to the text of this Code. Requests from the petitioner for more than two (2) deferrals of such applications will require a resubmittal of the original application fee, except where extenuating circumstances exist, as determined by the Zoning Administrator.

2.17.b. Any petition, other than a petition by a governmental agency, for an amendment to the text of this Zoning Code shall be accompanied by a fee of five hundred dollars ($500.00), as well as a draft of the proposed amendment.

2.17.c. Applications for Zoning Certificates, except as noted below, issued by the Zoning Administrator shall be accompanied by a fee of one hundred twenty dollars ($120.00). Applications for Zoning Certificates issued by the Site Plan Review Board shall be accompanied by a fee of three hundred dollars ($300.00). If such application and/or site plan is not approved the first time the SPRB reviews it, a separate two hundred dollars ($200.00) fee shall accompany each submittal thereafter.

2.17.d. Applications for Home Occupation and Group Occupancy Permits shall be accompanied by a fee of one hundred twenty dollars ($120.00).

2.17.e. Before the City Planning and Growth Management Department shall process any application for a nonconforming use change, the petitioner shall be required to pay a fee of five hundred dollars ($500.00) to partially defray the cost of this procedure, and under no condition shall said sum or any part thereof, be refunded for failure of said use change to be approved. Should it become necessary for the petitioner to seek a time extension to meet any of the conditions required by the City Council, an additional fee of five hundred dollars ($500.00) shall be paid.

2.17.f. Applications for permanent signs shall be accompanied by a fee of one hundred twenty dollars ($120.00) for the first sign and fifty dollars ($50.00) for each subsequent sign listed on the application.

2.17.g. Applications for fence permits shall be accompanied by a fee of one hundred twenty-five dollars ($125.00), and applications for temporary sign permits shall be accompanied by a fee of one hundred twenty dollars ($120.00).

2.17.h. Applications for Wireless Communication Facilities (WCF) shall be accompanied by a non-refundable fee of six hundred twenty-five dollars ($625.00). Applications for attached WCFs shall be accompanied by a non-refundable fee of six hundred twenty-five dollars ($625.00). If processing of a WCF application requires third party review(s), as determined by the Zoning Administrator, costs of such additional review(s) shall be borne by the applicant.

2.17.i. Applications for all non-wireless equipment shelters, antennas installed as accessory structures for non-residential use(s), including HAM radio and CB radio permit shall be one thousand two hundred fifty dollars ($1,250.00).

2.17.j. Applications for Planned Unit Developments or Residential Cluster Developments shall be accompanied by a non-refundable fee of six hundred twenty-five dollars ($625.00) plus one hundred dollars ($100.00) per acre and in no event shall such fee exceed a maximum of seven thousand five hundred dollars ($7,500.00).

2.17.k. Applications for Special Uses and Special Use Amendments shall be accompanied by a non-refundable fee of seven hundred fifty dollars ($750.00) plus one hundred dollars ($100.00) per acre and in no event shall such fee exceed a maximum of seven thousand five hundred dollars ($7,500.00).

2.17.l. Applications for a Zoning Certificate for Transfer of a Non-Conforming Use shall be accompanied by a non-refundable fee of two hundred dollars ($200.00).

(Ord. No. 13546, § 1, 3-16-93; Ord. No. 13868, § 1, 1-17-95; Ord. No. 14060, § 1, 1-16-96; Ord. No. 14757, § 1, 6-15-99; Ord. No. 14968, § 1, 7-18-00; Ord. No. 15270, § 1, 1-29-02; Ord. No. 15516, § 1, 8-19-03; Ord. No. 16237, § 1, 1-22-08; Ord. No. 16484, § 1, 10-27-09; Ord. No. 16616, § 1, 10-26-10; Ord. No. 16689, § 1, 4-12-11)

2.18.a. It shall be a violation of this Ordinance for any property owner to permit the use of its property in violation of this Ordinance. In addition, a contractor or anyone who performs work, repairs, or alterations, inconsistent with regulations of this Ordinance shall be in violation of this Ordinance and subject to a fine not less than three hundred dollars ($300.00) nor more than seven hundred fifty dollars ($750.00) as set forth in Section 1-5. General Penalty, of the Code of the City of Peoria.

2.18.b. A person who violates, disobeys, omits, neglects, or refuses to comply with, or resists the enforcement of the provisions of this code shall be guilty of an ordinance violation, punishable by a fine of not less than three hundred dollars ($300.00) nor more than seven hundred fifty dollars ($750.00) as set forth in Section 1-5. General Penalty, of the Code of the City of Peoria. Each day such a violation or failure to comply is continued, or permitted to exist, after notification thereof, shall constitute a separate offense.

2.18.c. All documented violations may be enforced by using short or standard form complaints. The short form complaint should provide for a reply by the violator, admitting his/her guilt and specifying a fine according to the following schedule:

First offense: .....$300.00

Second offense: .....525.00

Third offense (or more): .....750.00

At any time during, prior to or after seeking fines, the City may file for injunctive relief. The above fines shall not be construed to limit the authority of any judge in the exercise of his/her contempt powers.

SUMMARY TABLE FOR VARIATIONS, SPECIAL USES,
PUDs AND AMENDMENT APPROVAL

(Ord. No. 13401, § 1, 6-2-92; Ord. No. 13485, § 1, 11-17-92; Ord. No. 13546, § 1, 3-16-93; Ord. No. 13998, § 1, 10-3-95; Ord. No. 15413, § 1, 12-17-02; Ord. No. 16689, § 1, 4-12-11)

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