Zoneomics Logo
search icon

Quincy City Zoning Code

PLANNED DEVELOPMENTS

§ 162.150 PURPOSE.

   The purpose of the planned development regulations set forth in this subchapter is to encourage and allow more flexible, creative and imaginative use and design of land and property developments than is otherwise possible under district zoning regulations. Planned developments are intended to provide for the efficient and economical use and development of land and property in a manner which is compatible with surrounding existing uses or prospective uses. This purpose is deemed by the city to be especially important due to the size, growth patterns and existing uses of land and property in the city and its environs. Uses and developments of land and properties may be compatible and appropriate although not otherwise consistent with district zoning regulations. The uses and developments found compatible may be allowed, irrespective of any other regulations of this chapter, or other applicable ordinances of the city as provided in this subchapter as planned developments.
(1980 Code, § 29.901)

§ 162.151 SPECIFIC OBJECTIVES.

   Without in any way limiting the scope of this subchapter, this subchapter is designed to accomplish the following specific objectives:
   (A)   To permit a maximum choice in the types of environment available to the public by allowing a development that would not be possible under the strict application of the other sections of this chapter or other applicable ordinances of the city;
   (B)   To promote a creative approach to the use of land and related physical facilities that results in better design and development, with the inclusion of aesthetic amenities;
   (C)   To combine and coordinate architectural styles, building forms and building relationships with a possible mixing of different urban uses in an innovative design;
   (D)   To encourage a pattern of development to preserve natural vegetation, topographic and geological features and environmentally appropriate features;
   (E)   To provide for the prevention and/or control of soil erosion, surface flooding and the preservation of sub-surface water;
   (F)   To create a method for the permanent preservation of common open space for the continued use and enjoyment of the residents of the development;
   (G)   To promote the more efficient use of the land resulting in more economic networks of utilities, streets and other facilities;
   (H)   To encourage a land use which promotes the public health, safety, comfort, morals and welfare;
   (I)   To create a method for the permanent preservation or architectural and/or historic landmarks;
   (J)   To provide a means for the development of existing properties which cannot otherwise be economically or reasonably developed based on district zoning regulations;
   (K)   To assure that the development of land and properties are consistent with adjoining uses and developments, whether existing or prospective; and
   (L)   To provide a means by which the city can allow the use and development of land and property which is consistent with the comprehensive planning of the city and surrounding uses and developments without modifying the district zoning scheme established by this chapter.
(1980 Code, § 29.902)

§ 162.152 PLANNED DEVELOPMENT.

   (A)   Definition. For the purposes of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      PLANNED DEVELOPMENT. Any tract of land regardless of size approved as a planned development pursuant to the provision of this subchapter.
   (B)   Development. A planned development is intended to provide for projects incorporating either a single type use or a variety of related uses planned and developed as a unit. The development may consist of conventionally subdivided lots to be sold, un-subdivided single ownership, separate condominium ownership of structures, or other ownership methods, and shall provide for development by means of a planned development plat which establishes the location and extent of any special features of the planned development in keeping with the purpose of the plan. A planned development may be located as a special use in any zoning district. Any use may be located as a planned development.
(1980 Code, § 29.903)

§ 162.153 GENERAL PROCEDURES.

   (A)   Special use. A planned development shall be granted as a special use in accord with the procedures and standards of this subchapter and may depart from the normal procedures, standards and other requirements of the other sections of this chapter or this code to the extent inconsistent with this subchapter.
   (B)   Application. Applications shall be on forms prescribed by the Secretary of the Plan Commission and shall be accompanied by the plats, plans or documents as may be prescribed by this subchapter or by the Secretary of the Plan Commission. Unless otherwise prescribed by the Secretary of the Plan Commission, one paper copy and one electronic/digital copy of any supporting plats or related documents shall be submitted. On review of any application as provided in this subchapter, the Plan Commission, the City Council or other reviewing authority may require that the application and supporting documents be supplemented as deemed appropriate.
(1980 Code, § 29.904) (Ord. 9423, passed 8-16-2021; Ord. 9511, passed 1-7-2025) Penalty, see § 162.999

§ 162.154 CONCEPTUAL PLAN.

   (A)   Purpose. The purpose of a conceptual plan submission is to obtain the general approval of the city for the development of land or property in accord with the plans, programs and schedule submitted as a part of the planned development application. It is intended that the proposal submitted will be in preliminary conceptual form and that, following the anticipated approval, the developer will proceed with preparing detailed plans for all or a portion of the site for submission as a preliminary plat. This procedure allows for approval of an overall concept without the necessity of prejudging long-range markets and preparing precise plans for unknown quantities and allows the developer to complete long-range commitments knowing the developer has a viable and acceptable project. The conceptual plan procedure is not mandatory and the developer may select to proceed directly to the preliminary plat and final plat procedure.
   (B)   Procedure. A request for the approval of a conceptual plan shall be submitted to the Secretary of the Plan Commission. The plan shall be presented to the Plan Commission for review and comment. The Plan Commission shall provide its comments and suggestions as appropriate. The Plan Commission may approve or disapprove the general concept of the plan. Approval or disapproval shall not necessarily require subsequent approval or disapproval. However, if requested by the applicant, a public hearing shall be scheduled as provided below in this subchapter. After the hearing, the Plan Commission shall make its formal recommendation to the City Council relative to the conceptual plan. If approved by the City Council, the approval shall constitute a zoning acceptance of the specific content of the conceptual plan and shall indicate the general acceptance of the City Council and commitment to approve a plat that carries out, refines and implements the concepts expressed in the conceptual plan. The preliminary plat and final plat shall be submitted for approval in accordance with this subchapter within a period not to exceed one year from the date of approval of the conceptual plan. If not so submitted, the approval shall be automatically deemed withdrawn. The preliminary plat, if submitted after a hearing, shall be approved as a planned development plat if it conforms substantially with the principles and concepts presented in the conceptual plan. No building permit shall be issued for any structure until the final plat has been filed, approved and recorded.
(1980 Code, § 29.905) Penalty, see § 162.999

§ 162.155 PRELIMINARY PLAT PROCEDURES.

   (A)   Purpose. The purpose of the preliminary plat submission is to obtain the approval and/or commitments from the city that the plans, design and program that the developer intends to build and follow are acceptable, and that the developer can reasonably proceed into final detailed architecture, engineering, surveying and landscape architecture in anticipation of final plat approval and subsequent construction. This is a relatively detailed submission that assures the developer that the developer’s plan is acceptable and that the developer can invest the money necessary to prepare final plans with the assurance that the final plat and plans will be accepted if they substantially conform to the preliminary plat and plans. It is at this stage that final modifications, adjustments and interpretations are made to the conceptual plan, if any.
   (B)   Procedure.
      (1)   Submission. A request for preliminary plat approval of the planned development shall be submitted to the Secretary of the Plan Commission who shall refer the same to the Plan Commission for public hearing, report and recommendation as to whether or not the City Council should issue the special use permit applied for.
      (2)   Hearing. The Plan Commission shall hold a public hearing on the application for a planned development in accord with the procedures set forth below in this subchapter.
      (3)   Recommendations. Following the public hearing and review of the preliminary planned development plat and supporting data for conformity to these regulations, the Plan Commission shall, within 60 days, unless an extension is requested or approved by the applicant, recommend approval, modification or disapproval, and the reasons therefore, or indicate why a report and recommendation cannot be rendered to the City Council.
      (4)   City Council action. The City Council, after receipt of the preliminary planned development plat from the Plan Commission, shall approve, modify or disapprove the preliminary plat within a period of 60 days unless an extension is requested or approved by the applicant. In the case of approval, or approval with modification, the City Council shall pass an ordinance granting the special use and indicate its approval upon the plat (by signature of the City Clerk), and arrange zoning map modifications as necessary (designating the area involved as a planned development). The City Council may require special conditions, as it may deem necessary to ensure conformance with the intent of the planning objectives of the city and its environs and the stated objectives of the planned development provisions of this subchapter.
      (5)   Effect of approval. Approval of a preliminary planned development plat shall not constitute approval of the final plat. Rather it shall be deemed an expression of approval to the layout submitted on the preliminary plat as a final guide to the preparation of the final plat which will be submitted for the approval of the city and subsequent recording upon the fulfillment of the requirements of these regulations and any conditions of the preliminary approval, if any. The final plat shall be approved as hereinafter provided if it conforms with the preliminary plat.
      (6)   Building permit. No building permit shall be issued for any structure until the final plat has been filed, approved or recorded.
      (7)   Subdivision approval. A subdivision in accordance Chapter 161 of this code may be combined with the plats required hereunder provided that the requirements of that subchapter are additionally complied with. In that event, it shall be noted on the plat that the plat is being approved both as a planned development and as a subdivision. Unless otherwise prescribed thereon, the approval of the planned development and the subdivision shall be deemed independent of each other. Thus, if the planned development is subsequently abandoned, the subdivision shall nevertheless be considered effective as a subdivision. The subdivision would be subject to any applicable zoning restrictions, however, as if not a planned development. The property will not, however, be allowed to be treated as a nonconforming use based on any use as a planned development nor any prior nonconforming use. The subdivision plat may be separately recorded as such in order to give effect to this provision. This provision shall not in any way limit the authority of the city hereunder to allow the subdivision and sale of real estate as part of a planned development and to not impose requirements which may otherwise apply to the subdivision pursuant to Chapter 161. In other words, a planned development may be adopted for a subdivision established (or being established) under Chapter 161, or the subdivision of real estate may be made a part of a planned development itself.
(1980 Code, § 29.906) Penalty, see § 162.999

§ 162.156 FINAL PLAT PROCEDURE.

   (A) Purpose. The purpose of the final plat is to designate with particularity the planned development. The final plat is intended to be a document which will be recorded. The final plat shows the location of facilities with reasonable accuracy, while the preliminary plat shows the general location of the same facilities.
   (B)   Procedure. The final plat shall be submitted as a planned development plat and shall conform substantially to the preliminary plat as approved and, if desired by the developer, may be submitted in stages with each stage reflecting the approved preliminary plat which is proposed to be recorded and developed; provided, however, that the portion conforms to all requirements of these regulations. The required procedure for approval of the final plat shall be as follows.
      (1)   Director of Utilities and Engineering. A final planned development plat and other supporting data required for approval shall be submitted to the Director of Utilities and Engineering. Final plats and supporting data shall show in detail the design, location and use of all buildings, facilities and site improvements as well as any additional information as the City Council, the Plan Commission, the Director of Utilities and Engineering or the Secretary of the Plan Commission may require or have required.
      (2)   Certification. After the review by the Director of Utilities and Engineering, the final plat and supporting data shall be certified by the City Clerk, the Director of Utilities and Engineering and the Secretary of the Plan Commission as being in conformity with these regulations and in agreement with the approved preliminary plat. If the City Clerk, the Director of Utilities and Engineering or the Secretary of the Plan Commission shall not consider the plat and plans to be in conformity with the preliminary plat approved, then the official shall refer the plat back to the City Council for the review and approval of any modifications. Thereafter, the plat shall again be resubmitted as a final plat for approval and certification.
(1980 Code, § 29.907) Penalty, see § 162.999

§ 162.157 RECORDING FINAL PLAT.

   No building permits shall be issued relative to a planned development until the final plat therefore and all other related documents, such as restrictive covenants, shall have been duly recorded in the office of the Recorder of Deeds of the county. Any construction authorized shall be in full compliance with the final planned development plat as recorded. The ordinance authorizing construction of the planned development shall be effective only upon recording of the final planned development plat and any related supporting documents. The recording of the final plat shall constitute notice to all who deal with the planned development of the restrictions placed upon the land and act as a zoning control device. As such, its requirements shall be enforceable by the city or any other interested party.
(1980 Code, § 29.908) Penalty, see § 162.999

§ 162.158 CHANGES IN THE PLANNED DEVELOPMENT.

   (A)   Generally. The planned development project shall be developed only according to the approved and recorded final plat and all supporting data. The recorded final plat 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 and location of structures in the planned development project as set forth therein.
   (B)   Changes. Changes to the recorded planned development may be made as follows.
      (1)   Major changes. Changes which alter the concept or intent of the planned development including not limited to changes in density, changes in the height of buildings, reductions of proposed open space, changes in total bedroom counts, changes in the development schedule, changes in road standards, or changes in the final governing agreements, provisions or covenants, or other changes may be approved only by submission and reconsideration of a new preliminary and final planned development plat and supporting data and following the preliminary or final plat procedure. If the major change alters data or evidence submitted during the conceptual plan or preliminary plat stage, then the resubmission must begin at the preliminary plat stage. If major changes are proposed, a new public hearing shall be required during resubmission of the plat. All changes to the “original” final plat shall be recorded with the County Recorder of Deeds as amendments to the final plat are reflected in the recording of a new “corrected” final plat.
      (2)   Minor changes. The City Council, after receiving a recommendation thereon from the Plan Commission, may approve minor changes in the planned development which do not change the concept or intent of the development. Minor changes shall be any change not defined as a major change. The determination of the City Council as to what is a major or minor change shall be a final determination of that question.
      (3)   Abandoned. A planned development may be abandoned by the owner or owners of the land and property involved, provided that the use of the land and property shall thereafter conform with the district zoning requirements otherwise applicable at the time of abandonment. No property will be allowed to be treated as a nonconforming use based on any use as a planned development nor any prior nonconforming use.
(1980 Code, § 29.909) Penalty, see § 162.999

§ 162.159 SUBMISSION TIMING AND REVERSION CLAUSE.

   (A)   Final plat. The final plat or plats, if more than one, must be submitted for approval in accordance with agreed to scheduling. The final plat or first final plat, if more than one, must be submitted for final approval not later than one year from the approval of the preliminary plat unless otherwise prescribed by the City Council. Actual construction, if any, as authorized must begin within one year from the date of the approval of the find plat. Actual construction shall require, at a minimum, if buildings are to be constructed, actual work on the components of the buildings and not mere land preparation and architectural planning. In the event that the same is not done, the planned development special use shall be null and void and the subject property shall revert to the zoning classification affixed to that property prior to the issuance of a planned development special use, or the Plan Commission shall initiate zoning changes as it deems necessary to serve the public interest.
   (B)   Conceptual plan and preliminary plat. If conceptual plan approval is granted and the preliminary plat or first preliminary plat, if more than one, is not submitted for review within one year of the approval or as otherwise prescribed, then the aforementioned procedure dealing with reversion for final plats shall be followed.
   (C)   Extensions. Extensions in the building schedule for individual one-year periods may be recommended by the Plan Commission and granted by the City Council. If the City Council so stipulates when acting favorably on a planned development, the Plan Commission may be delegated the authority of granting extensions in the building schedule for periods of up to one year.
   (D)   Abandonment. If a planned development is abandoned or not timely completed, then the subject property shall revert to the zoning classification affixed to the property prior to the issuance of the planned development special use.
(1980 Code, § 29.910) Penalty, see § 162.999

§ 162.160 PLATS AND SUPPORTING DOCUMENTATION.

   (A)   Generally. Plats and supporting documentation shall provide all relevant or material information regarding the proposed planned development. Supplemental information may required by any reviewing authority, including, but not limited to, the City Council, the Plan Commission, the Secretary of the Plan Commission and the Director of Utilities and Engineering. In this subchapter, when reference is made to plat, that term also includes any supporting documents.
   (B)   Conceptual plan. A conceptual plan shall be prepared to scale and provide a clear understanding of the way in which the property is intended to be developed. The information called for in preliminary and final plats should be considered in preparing and presenting a conceptual plan. The information is not, however, necessarily required. What should be included is dependent upon the particular planned development involved.
   (C)   Preliminary plat. A preliminary plat shall be prepared to scale and provide a detailed plan of the way in which the property is intended to be developed. The plat shall be prepared by some person qualified to prepare the same and be in a scale of not less than one inch equals 100 feet. The plan shall specify all information relevant or material to the plan. The following information should be considered in preparing and presenting a preliminary plat. The information is not, however, necessarily required. What must be included is dependent upon the particular planned development involved.
      (1)   Site information.
         (a)   Boundary lines. Bearing and distance;
         (b)   Easements. Location, width and purpose;
         (c)   Streets on and adjacent to the tract. Street name, right-of-way width, existing or proposed center line elevations, pavement type, walks, curbs, gutters, culverts and the like;
         (d)   Utilities on and adjacent to the tract. Location, size and invert elevation of sanitary, storm and combined sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines and street lights; direction and distance to and size of nearest usable water mains and sewers adjacent to the tract showing invert elevation of sewers;
         (e)   Ground elevation on the tract. For land that slopes less than 0.5% show one foot contours; for land that slopes more than 0.5%, show two foot contours; also show spot elevations at all breaks in grades, along all drainage channels or swales and at points of special significance;
         (f)   Subsurface conditions. Subsurface conditions or the tract (if required by the Plan Commission) location and results of tests made to generally ascertain subsurface soil, rock and ground water conditions; depth to ground water unless test pits are dry at a depth of five feet; location and results of soil percolation tests if individual sewage disposal systems are proposed;
         (g)   Other conditions on the tract. Watercourses, floodplains, marshes, rock outcrop, wooded areas, isolated preservable trees one foot or more in diameter, houses, barns, accessory buildings and other significant features;
         (h)   Other conditions on adjacent land. Approximate direction and gradient of ground slope, including any embankments or retaining walls; character and location of major buildings, railroads, power lines, towers and other nonresidential land uses or adverse influences; owners of adjacent unplatted land; for adjacent platted land refer to subdivision plat by name and show approximate percent buildup, typical lot size and dwelling type;
         (i)   Zoning. Zoning districts on and adjacent to the tract;
         (j)   Proposed public improvements. Highways or other major improvements planned by public authorities for future construction on or near the tract;
         (k)   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;
         (l)   Structures. General location, purpose and height, in feet or stories, of each building other than single-family residences on individually platted lots; and
         (m)   Map data. Name of development, name of site planner, north point, scale, date of preparation and acreage of site.
      (2)   Objectives. A statement of planning objectives to be achieved by the planned development. This statement should include a description of the character of the propose development and the rationale behind the assumptions and choices of the developer.
      (3)   Character. Explanation of the character of the planned development and the manner in which it has been planned to take advantage of the flexibility of these regulations and referencing the general benefits that will accrue to the public as a result of the planned development.
      (4)   Ownership. Statement of present and proposed ownership of all and within the project, including present tract designation according to official records of the County Recorder of Deeds. A certificate shall be furnished that there are no delinquent taxes constituting a lien on the whole or any part of the property.
      (5)   Names. The names and addresses of the persons to whom the notice of the hearing to be held by the City Council should be sent (developer, designer and the owners of the land immediately adjoining).
      (6)   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. Overall design of each stage shall be shown on the plat and through supporting graphic material;
         (b)   Approximate dates for beginning and completion of each stage; and
         (c)   If different land use types are to be included within the planned development, the schedule must include the mix of uses to be built in each stage.
      (7)   Covenants. Proposed agreements, provisions or covenants which will govern the use, maintenance and continued protection of the planned development and any of its common open space.
      (8)   Density. Information on the density of residential uses, including the number of dwelling units per acre, the number of dwelling units by type, the number of buildings by type and the number of bedrooms in each building and dwelling unit type.
      (9)   Nonresidential use. Information on the type and amount of ancillary and nonresidential uses, including the amount of common open space.
      (10)   Service facilities. Information on all service facilities and off-street parking facilities
      (11)   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 buildings, and the number, size and type of dwelling units. Also provide floor area of building types and total ground coverage of buildings.
      (12)   Landscaping plans. Preliminary plans for plant materials, earth sculpturing, berming and aesthetic features shall be submitted.
      (13)   Facilities plans. Preliminary plans or information, adequate to indicate that the proposed development can be serviced by, as appropriate:
         (a)   Roads, including classification, widths of right-of-way, width of pavement and typical construction details;
         (b)   Sanitary sewers;
         (c)   Storm drainage;
         (d)   Water supply system;
         (e)   Lighting program; and
         (f)   Sidewalks, paths and cycle trails.
      (14)   Tax impact study. Information on the taxes to be generated by the proposed project and the cost to the various taxing bodies to provide the necessary services to the project.
      (15)   Traffic analysis. Information in the adequacy of the local transportation and thoroughfare system to handle anticipated traffic volumes generated by the planned development. Also, an analysis may be made of the adequacy of the internal vehicular circulation pattern.
      (16)   Market study. Economic feasibility study of the proposed development, including information on land utilization and marketing potential. Evidence may be presented showing the need and feasibility of the proposed development.
   (D)   Final plat stage.
      (1)   Final detailed plan. A final planned development plat or plats, suitable for recording with the County Recorder of Deeds, shall be prepared. The purpose of the final plat is to designate with particularity the land subdivided into conventional lots as well as the division of other land, not so treated, into common open areas and building areas. The final plat shall include, unless waived by the City Council:
         (a)   An accurate legal description of the entire area under immediate development with the planned development;
         (b)   A planned development plat of all lands which are a part of the final plat being submitted, and meeting all the requirements for a final plat. If lands which are a subject of the final plat are to be subdivided, then a subdivision plat is also required either in conjunction with the plat or separately;
         (c)   An accurate legal description of each separate unsubdivided use area, including common open space;
         (d)   Designation of the location of all buildings to be constructed with reasonable accuracy;
         (e)   Certificates, seals and signatures required for the dedication of lands and recording the document; and
         (f)   Tabulation on separate unsubdivided use area, including land area, number of buildings, number of dwelling units, and dwelling units per acre, that is, the density allowed.
      (2)   Common open space and similar documents. All common open space, if any, shall be either conveyed to a municipal or public corporation, conveyed to a not-for-profit corporation or entity established for the purpose of benefitting the owners and residents of the planned development, or retained by the developer with legally binding guarantees in a form approved by the Corporation Counsel, verifying that the common open space will be permanently preserved as an open area. All land conveyed to a not-for-profit corporation or like entity shall be subject to the right of the corporation to impose a legally enforceable lien for maintenance and improvement of the common open space. Protective covenants, if any, shall also be duly recorded as a part of the final plat.
      (3)   Public facilities. All public facilities and improvements made necessary as a result of the planned development shall be either constructed in advance of the approval of the final plat or an alternate arrangement made as provided for subdivision improvements. Detailed construction plans shall be submitted to the Director of Utilities and Engineering for all public facilities to be built.
      (4)   Construction plans. Detailed plans shall be submitted to the Director of Utilities and Engineering and Building Inspector for the design, construction or installation of site amenities, including buildings, landscaping, lakes and other site improvements.
      (5)   Construction schedule. A final construction schedule shall be submitted to the Director of Utilities and Engineering for that portion of the planned development for which approval was requested.
(1980 Code, § 29.911) Penalty, see § 162.999

§ 162.161 STANDARDS.

   No planned development shall be authorized unless the City Council shall find and recommend that the following standards will be met. The standards shall be deemed met on approval regardless of whether the findings are specifically set forth in the Council’s findings. The standards are:
   (A)   The uses permitted by the exceptions as may be requested or recommended are necessary or desirable and appropriate to the purpose of the development;
   (B)   The uses permitted in the development are not of a nature or so located as to exercise an undue detrimental influence or effect upon the surrounding neighborhood; and
   (C)   All minimum requirements pertaining to residential, commercial, manufacturing or other uses established in the planned development shall be subject to the requirements for each individual classification as established elsewhere in this chapter, except as may be specifically varied in the approved planned development use.
(1980 Code, § 29.912) Penalty, see § 162.999

§ 162.162 VARIATIONS OF MINIMUM REQUIREMENTS.

   With respect to any planned development, the Plan Commission may consider and recommend to the City Council, and the City Council may vary the applicable minimum requirements of the subdivision or other regulations and of any regulations imposed by this zoning chapter. The variations may include, but shall not necessarily be limited to, variations of requirements pertaining to rear yards, side yards, lot area, bulk, intensity of use, street width, curbs, gutters, sidewalks, public utilities and off-street parking. The approval or recommendation of the Zoning Board of Appeals shall not be required.
(1980 Code, § 29.913) Penalty, see § 162.999

§ 162.163 CONDITIONS AND GUARANTEES.

   Prior to granting any special use, the Plan Commission may recommend, and the City Council may stipulate, conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified herein or as may be from time to time required. In all cases in which special uses are granted, the City Council shall 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.
(1980 Code, § 29.914) Penalty, see § 162.999

§ 162.164 HEARING REQUIREMENTS.

   (A)   Generally. All hearings required under this subchapter shall be conducted by the Plan Commission and held within 60 days from the date of the receipt of an application by the Secretary of the Plan Commission, complete in all respects. At the request of an applicant prior to the scheduling of a hearing, a hearing may be delayed for up to an additional 60 days.
   (B)   Notice of hearing. The Plan Commission shall cause to be published public notice of the hearing on each proposed planned development at least once, not less than 15 days nor more than 30 days before the hearing, in a newspaper published within the city. The notice shall contain the date and location of the public hearing, the subject property for which the planned development is requested, a brief statement for the use for which the planned development is being requested and shall state that every person in attendance at the hearing shall have an opportunity to be heard, that every interested party (as defined under § 162.001) shall have the right to cross-examine others at the hearing, provided that the interested party enters his or her appearance with the Department of Planning and Development no later than three business days before the date of the public hearing. In addition to providing public notice by publication, the Department shall post a sign at the subject property advising the public of the requested action; the sign shall be posted not less than 15 days prior to the public hearing.
   (C)   Notice to property owners. The applicant shall not less than 15 days before the date of the public hearing, serve written notice, either in person or by registered or certified mail, return receipt requested, on at least one owner of each property within 250 feet in each direction of the lot line of the subject property unless waived by the Plan Commission or City Council. Ownership shall be based solely on the tax records of the county. The number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the 250 feet requirement; provided further that in no event shall this requirement exceed 400 feet, including public streets, alleys and other public ways. The notice shall contain the same information as is required under division (B) above for the public hearing notice. If, after a bona fide effort to determine the address by the applicant, the owner of the property on which notice is served cannot be found at his, her or its last known address, or the mailed notice is returned because the owner cannot be found at the last known address, the notice requirements of these provisions shall be deemed satisfied. Proof of giving notice hereof by affidavit shall be filed with the Secretary of the Plan Commission. A failure to comply with the provisions of this division shall not affect or invalidate any approval of a planned development and additionally may be waived by the City Council or Plan Commission.
   (D)   Continuation of hearing. A scheduled hearing may be continued in the discretion of the hearing body involved, that is, the Plan Commission. A request by an applicant for a continuation may be granted only for just cause. Any request must be made in person to the Plan Commission or in writing setting forth the reasons for the request. If an applicant fails to appear at the scheduled hearing, the application may be denied by the Plan Commission and the denial reported to the City Council.
   (E)   Fees. Except in those cases where a planned development is requested by the city, a fee of $300 shall be paid to the city to defray the cost of the administration, publishing, posting notices of the proposed amendment and the cost of maintaining a record of the public hearing. The fee shall be paid to the Department of Planning and Development.
(1980 Code, § 29.915) (Ord. 9000, passed 12-29-2003; Ord. 9330, passed 3-19-2018) Penalty, see § 162.999

§ 162.165 EFFECT OF DENIAL OF PLANNED DEVELOPMENT.

   After a public hearing has been held and a planned development denied in whole or in part by the City Council or by the Quincy Plan Commission, an application for the same shall not be resubmitted for a period of one year from the date of the denial, unless allowed by the City Council. In general, resubmission shall be allowed only if there is substantial new evidence or proof of changed conditions found to warrant resubmission.
(1980 Code, § 29.916) (Ord. 9511, passed 1-7-2025) Penalty, see § 162.999

§ 162.166 SUBDIVISION.

   This subchapter does not repeal Chapter 161 of the municipal code, but may be used as an alternative procedure for subdividers.
(1980 Code, § 29.917)