A.

Subject to Chapter 15.48 (Signs), the use made of property may not be substantially changed (see Section 17.32.080), substantial clearing, grading, or excavation may not be commenced, and buildings or other substantial structures may not be constructed, erected, moved, or substantially altered except per and pursuant to one of the following:

1.

A zoning certificate issued by the administrator;

2.

A special permit issued by the city council.

B.

Zoning certificates, special permits, and sign permits are issued under this title only when a review of the application submitted, including the plans contained therein, indicates that the development will comply with the provisions of this title if completed as proposed. Such plans and applications as are finally approved are incorporated into any permit issued, and except as otherwise provided in Section 17-16.160 all development shall occur strictly per such approved plans and applications.

C.

A zoning certificate, special permit, or sign permit shall be issued in the name of the applicant (except that applications submitted by an agent shall be issued in the name of the principal), shall identify the property involved and the proposed use, shall incorporate by reference the plans submitted, and shall contain any special conditions or requirements lawfully imposed by the permit-issuing authority. All such permits issued with respect to tracts of land in excess of one acre (except sign permits and zoning certificates for single-family and two-family residential uses) shall be recorded by the city clerk upon execution.

(Ord. 2004/05-17 § 1 (part))

Issuance of a special permit or zoning certificate authorizes the recipient to commence the activity resulting in a change in use of the land or (subject to obtaining a building permit) to commence work designed to construct, erect, move, or substantially alter buildings or other substantial structures. However, except as provided in Sections 17.16.080, 17.16.130, and 17.16.140, the intended use may not be commenced, and no building may be occupied, until all of the requirements of this title and all additional requirements imposed pursuant to the issuance of a special permit have been complied with.

(Ord. 2004/05-17 § 1 (part))

A.

Applications for zoning certificates, special permits, or sign permits will be accepted only from persons having the legal authority to take action per the permit. By way of illustration, in general this means that applications should be made by the owners or lessees of property, or their agents, or persons who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this title, or the agents of such persons (who may make application in the name of such owners, lessees, or contract venders).

B.

The administrator may require an applicant to submit evidence of his or her authority to submit the application per subsection A of this section whenever there appears to be a reasonable basis for questioning this authority.

(Ord. 2004/05-17 § 1 (part))

A.

All applications for zoning certificates, special permits, or sign permits must be complete before the permit-issuing authority is required to consider the application.

B.

Subject to subsection C of this section, an application is complete when it contains all of the information that is necessary for the permit-issuing authority to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this title.

C.

In this title, detailed or technical design requirements and construction specifications relating to various types of improvements are set forth in Title 15 (Building and Construction). It is not necessary that the application contain the type of detailed construction drawings that would be necessary to determine compliance with Title 15, so long as the plans provide sufficient information to allow the permit-issuing authority to evaluate the application in the light of the substantive requirements set forth in this title. However, a subsequent building permit application may require such detail. Furthermore, whenever this title requires a certain element of a development to be constructed per the detailed requirements set forth in Title 15, then no construction work on such element may be commenced until detailed construction drawings have been submitted to and approved by the administrator or the building official as the case may be. Failure to observe this requirement may result in permit revocation or other penalty as provided in Chapter 17.24.

D.

The administrator shall make every effort to develop application forms, instructional sheets, checklists, or other techniques or devices to assist applicants in understanding the application requirements and the form and type of information that must be submitted. In types of cases where a minimal amount of information is necessary to enable the administrator to determine compliance with this title, such as applications for zoning certificates to construct single-family or two-family houses, or applications for sign permits, the administrator shall develop standard forms that will expedite the submission of the necessary plans and other required information.

(Ord. 2004/05-17 § 1 (part))

A.

To minimize development planning costs, avoid misunderstanding or misinterpretation, and ensure compliance with the requirements of this title, preapplication consultation between the developer, staff members, and the administrator is encouraged or required as provided in this section. There will be no charge for this preapplication consultation meeting; however, subsequent meetings with members of the city staff or consultants working for the city will be subject to labor and material charges to the applicant. In the case of consultants a five percent administrative fee will be added to any charge that they bill to the city.

B.

Before submitting an application for any other permit, developers are strongly encouraged to consult with the administrator concerning the application of this title to the proposed development.

(Ord. 2004/05-17 § 1 (part))

A.

Upon receipt of a formal application for a zoning certificate or special permit the administrator shall review the application and confer with the applicant to ensure that he or she understands the applicable requirements of this title, that he or she has submitted all of the information that he or she intends to submit, and that the application represents precisely and completely what he or she proposes to do.

B.

If the application is for a special permit, the administrator shall place the application on the agenda of the planning commission when the applicant indicates that the application is as complete as he or she intends to make it. However, as provided in Sections 17.16.090 and 17.16.100, if the administrator believes that the application is incomplete, he or she shall recommend to the planning commission, and subsequently the city council that the application be denied on that basis.

(Ord. 2004/05-17 § 1 (part))

A.

A completed application form for a zoning certificate shall be submitted to the administrator by filing a copy of the application with the administrator.

B.

The administrator shall issue the zoning certificate unless he or she finds, after reviewing the application and consulting with the applicant as provided in Section 17.16.050 that:

1.

The requested permit does not comply with or is inconsistent with the table of permissible uses, Section 17.32.010;

2.

The application is incomplete; or

3.

If completed as proposed in the application, the development will not comply with one or more requirements of this title including the development standards of Section 17.40.020 (but not including those requirements concerning a variance which has been granted or the applicant is not required to comply with under the circumstances specified in Chapter 17.28, Nonconforming Situations).

C.

If the administrator determines that the development for which a zoning certificate is requested will require a change in the official map, a special permit, or a variance he or she shall inform the applicant within ten (10) days of the application.

(Ord. 2004/05-17 § 1 (part))

In cases when, because of weather conditions or other factors beyond the control of the zoning certificate recipient (exclusive of financial hardship), it would be unreasonable to require the zoning certificate recipient to comply with all of the requirements of this title prior to commencing the intended use of the property or occupying any buildings, the administrator may authorize the commencement of the intended use or the occupancy of buildings (insofar as the requirements of this title are concerned) if the permit recipient provides a performance bond or other security satisfactory to the administrator to ensure that all of the requirements of this title will be fulfilled within a reasonable period (not to exceed twelve (12) months) determined by the administrator. However, subject to review by the building official, such use or occupancy may not take place if the safety of the applicant or the public cannot be reasonably ensured with reference to city building codes.

(Ord. 2004/05-17 § 1 (part))

A.

Pursuant to Chapter 65, Division 5, Paragraph 11-13-1.1 (Special Uses) of the Illinois Compiled Statutes (65 ILCS 5/11-13-1.1) an application for a special permit shall be submitted by filing a copy of the application with the administrator.

B.

Before being presented to the council, an application for a special permit shall be referred to the planning commission for action per Chapter 17.20. The council may not act on a special permit application until the planning commission has had an opportunity to conduct a public hearing on the application which may be continued to allow more time to consider or reconsider the application.

C.

The city council, may issue the requested special permit provided the planning commission concludes, based upon the information submitted at the hearing, that:

1.

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

2.

The proposed use will not diminish the use or enjoyment of other property in the vicinity for those uses or combination of uses which are permitted by this zoning title;

3.

The establishment of the proposed use will not impede the normal and orderly development and improvement of surrounding properties for uses or combination of uses otherwise permitted in the zoning district;

4.

The proposed use will not diminish property values in the vicinity;

5.

Adequate measures already exist or will be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in public streets;

6.

The proposed use will be consistent with the character of the city;

7.

The proposed use will not materially affect a known historical or cultural resource;

8.

The design of the proposed use considers its relationship to the surrounding area and minimizes adverse effects, including visual impacts of the proposed use on adjacent property.

9.

The design of the proposed use promotes a safe and comfortable pedestrian environment.

10.

The proposed use has included adequate consideration consistent with these standards for buffers, landscaping, fencing, lighting, building materials, public open space, and other improvements associated with the proposed use; and

11.

The off-site impacts of the proposed use such as vehicular traffic, noise, hours of operation, etc., have been shown to be complete with the surrounding area.

(Ord. 2004/05-17 § 1 (part))

A.

The burden of presenting a complete application (as described in Section 17.16.040) to the council shall be upon the applicant. However, unless the administrator, the planning commission, or the council informs the applicant prior to ordering the hearing in what way the application is incomplete and offers the applicant an opportunity to complete the application (either at that meeting or at a continuation hearing), the application shall be presumed to be complete.

B.

Once a completed application has been submitted, the burden of presenting evidence to the council sufficient to lead it to conclude that the application should be denied for any reasons stated in Section 17.16.090 shall be upon the administrator, the planning commission, or other party or parties urging this position, unless the information presented by the applicant in his or her application and at a public hearing of the planning commission is sufficient to justify a reasonable conclusion that a reason exists to so deny the application.

C.

The burden of persuasion on the issue of whether the development, if completed as proposed, will comply with the requirements of this title remains at all times on the applicant. The burden of persuasion on the issue of whether the application should turned down for any of the reasons set forth in Section 17.16.090(C) rests on the administrator, the planning commission, or other party or parties urging that the requested permit should be denied.

(Ord. 2004/05-17 § 1 (part))

A.

When presented to the planning commission, the application shall be accompanied by a report setting forth the administrator's proposed findings concerning the application's compliance with Section 17.16.040 and other requirements of this title, as well as any staff recommendations for additional requirements to be imposed by the council. If the staff report proposes a finding or conclusion that the application fails to comply with Section 17.16.040 or any other requirement of this title, it shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions.

B.

The planning commission shall consider the application and the attached staff report in a timely fashion, and may, in its discretion, hear from the applicant or members of the public (notice to the adjoining property owners is provided for in Section 17.12.010(B)(5)).

C.

After reviewing the application and the staff report, the planning commission shall report to the council whether it concurs in whole or in part with the staff's proposed findings and conditions, and to the extent there are differences the planning commission shall propose its own recommendations and the reasons therefore.

(Ord. 2004/05-17 § 1 (part))

A.

"Subject to subsection B of this section," in granting a special permit, the city council, pursuant to Chapter 65, Article 5, Paragraph 11-13-1.1 (Special Uses) of the Illinois Compiled Statutes (65 ILCS 5/11-13.1.1), may attach to the permit such reasonable requirements in addition to those specified in this title as will ensure that the development in its proposed location will:

1.

Not endanger the public health, safety or general welfare;

2.

Not injure the value of adjoining or abutting property;

3.

Be in harmony with the area in which it is located;

4.

Have no adverse impacts on traffic or public utilities and services; and

5.

Be in conformity with the land-use plan, thoroughfare plan, or other plan officially adopted by the council.

B.

The council may not attach additional conditions that diminish the specific requirements set forth in this title for determining the appropriateness and neighborhood suitability for granting a special permit.

C.

Without limiting the foregoing, the council may attach to a permit a condition limiting the permit to a specified duration.

D.

All additional conditions or requirements shall be entered on the permit.

E.

All additional conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of this title.

F.

A vote may be taken on application conditions or requirements before consideration of whether the permit should be denied for any of the reasons set forth in Section 17.16.090.

(Ord. 2004/05-17 § 1 (part))

A.

The provisions of Section 17.16.080 shall apply.

B.

When the board imposes additional requirements upon the special permit recipient per Section 17.16.120 or when the developer proposes in the plans submitted to install amenities beyond those required by this title, the board may authorize the permittee to commence the intended use of the property or to occupy any building or to sell any subdivision lots before the additional requirements are fulfilled or the amenities installed if it specifies a date by which or a schedule according to which such requirements must be met or each amenity installed and if it concludes that compliance will be ensured as the result of any one or more of the following:

1.

A performance bond or other security satisfactory to the board is furnished;

2.

A condition is imposed establishing an automatic expiration date on the permit, thereby ensuring that the permit recipient's compliance will be reviewed when application for renewal is made;

3.

The nature of the requirements or amenities is such that sufficient assurance of compliance is given by Section 17.24.040 (Penalties and Remedies for Violations) and Section 17.24.050 (Permit Revocation).

(Ord. 2004/05-17 § 1 (part))

A.

If a development is constructed in phases or stages per this section, then, subject to subsection C of this section, the provisions of Section 17.16.020 (No Occupancy, Use, or Sale of Lots Until Requirements Fulfilled) and Section 17.16.130 (exceptions to Section 17.16.020) shall apply to each phase as if it were the entire development.

B.

As a prerequisite to taking advantage of the provisions of subsection A of this section, the developer shall submit plans that clearly show the various phases or stages of the proposed development and the requirements of this title that will be satisfied with respect to each phase or stage.

C.

If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit, or be used by the entire development (such as a swimming pool or tennis courts in a residential development) then, as part of his or her application for development approval, the developer shall submit a proposed schedule for completion of such improvements. The schedule shall relate completion of such improvements to completion of one or more phases or stages of the entire development. Once a schedule has been approved and made part of the permit by the permit-issuing authority, no land may be used, no buildings may be occupied, and no subdivision lots may be sold except per the schedule approved as part of the permit, provided that:

1.

If the improvement is one required by this title then the developer may utilize the provisions of Section 17.16.130(A);

2.

If the improvement is an amenity not required by this title or is provided in response to a condition imposed by the board, then the developer may utilize the provisions of Section 17.16.130(B).

(Ord. 2004/05-17 § 1 (part))

A.

Zoning certificates, special permits, and sign permits shall expire automatically if, within one year after the issuance of such permits:

1.

The use authorized by such permits has not commenced, in circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencement of such use, or

2.

Less than ten (10) percent of the total cost of all construction, erection, alteration, excavation, demolition, or similar work on any development authorized by such permits has been completed on the site. With respect to phased development (see Section 17.16.140), this requirement shall apply only to the first phase.

B.

If, after some physical alteration to land or structures begins to take place, such work is discontinued for a period of one year, then the permit authorizing such work shall immediately expire. However, expiration of the certificate or permit shall not affect the provisions of Section 17.16.140.

C.

The permit-issuing authority may extend for a period up to six months the date when a zoning certificate or special permit would otherwise expire pursuant to subsection A or B of this section if it concludes that:

1.

The certificate or permit has not yet expired,

2.

The certificate or permit recipient has proceeded with due diligence and in good faith, and

3.

Conditions have not changed so substantially as to warrant a new location. Successive extensions may be granted for periods up to six months upon the same findings. All such extensions may be granted without resort to the formal processes and fees required for a new certificate or permit.

D.

For purposes of this section, a special permit is issued when the city council votes to approve the application and issue the permit. A zoning certificate is issued when the earlier of the following takes place:

1.

A copy of the fully executed certificate is delivered to the permit recipient, and delivery is accomplished when the permit is hand-delivered or mailed to the permit applicant; or

2.

The zoning administrator notifies the certificate applicant that the application has been approved and that all that remains before a fully executed certificate can be delivered is for the applicant to take certain specified actions necessary to otherwise carry out the approved development.

E.

Notwithstanding any of the provisions of Chapter 17.28 (Nonconforming Situations), this section shall be applicable to permits issued prior to the date this section becomes effective.

(Ord. 2004/05-17 § 1 (part))

Zoning certificates, special permits, and sign permits authorize the permittee to make use of land and structures in a particular way. Such certificates or permits are transferable. However, so long as the land or structures or any portion thereof covered under a certificate or permit continues to be used for the purposes for which the certificate or permit was granted, then:

A.

No person (including successors or assigns of the person who obtained the permit) may make use of the land or structures covered under such certificate or permit for the purposes authorized in the certificate or permit except per all the terms and requirements of that certificate or permit; and

B.

The terms and requirements of the certificate or permit apply to and restrict the use of land or structures covered under the certificate or permit, not only with respect to all persons having any interest in the property at the time the permit was obtained, but also with respect to persons who subsequently obtain any interest in all or part of the covered property and wish to use it for or in connection with purposes other than those for which the permit was originally issued.

(Ord. 2004/05-17 § 1 (part))

A.

Insignificant deviations from a special permit (including approved plans) issued by the city council are permissible and the administrator may authorize such insignificant deviations. A deviation is insignificant if it has no discernible impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.

B.

Minor design modifications or changes in permits (including approved plans) are permissible with the approval of the council. Such permission may be obtained without a formal application, public hearing, or payment of any additional fee. For purposes of this section, minor design modifications or changes include a change which:

1.

Alters the concept, character or intent of the final development plan;

2.

Increases residential density by five percent or more;

3.

Increases the height of any building or structure beyond five percent, or alters the uses and design standards set forth as a minimum in this title;

4.

Significantly increases nonresidential floor area by more than ten (10) percent;

5.

Reduces the amount of common open spaces or recreational amenities.

C.

All other requests for changes in approved plans will be processed as new applications. If such requests are required to be acted upon by the council, new conditions may be imposed per Section 17.16.120, but the applicant retains the right to reject such additional conditions by withdrawing his or her request for an amendment and may then proceed per the previously issued permit.

D.

The administrator shall determine whether amendments to and modifications of permits fall within the categories set forth in subsections A, B and C of this section.

E.

A developer requesting approval of changes shall submit a written request for such approval to the administrator, and that request shall identify the changes. Approval of all changes must be given in writing.

(Ord. 2004/05-17 § 1 (part))

A.

Whenever the city council disapproves a special permit application on any basis other than the failure of the applicant to submit a complete application, such action may not be reconsidered by the respective board at a later time unless the applicant clearly demonstrates that:

1.

Circumstances affecting the property that is the subject of the application have substantially changed; or

2.

New information is available that could not with reasonable diligence have been presented at a previous hearing.

B.

Notwithstanding subsection A of this section, the council may at any time consider a new application affecting the same property as an application previously denied. A new application is one that differs in some substantial way from the one previously considered.

(Ord. 2004/05-17 § 1 (part))

Recognizing that inordinate delays in acting upon appeals or applications may impose unnecessary costs on the appellant or applicant, the city shall make every reasonable effort to process appeals and permit applications as expeditiously as possible, consistent with the need to ensure that the development conforms to the requirements of this title.

(Ord. 2004/05-17 § 1 (part))

The recipient of any zoning certificate, special permit, or sign permit, or his or her successor, shall be responsible for maintaining all common areas, rights-of-way other than driving surfaces, easements, improvements, or facilities required by this title or any permit issued per its provisions, except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority. As illustrations, and without limiting the generality of the foregoing, this means that private roads and parking areas, water and sewer lines, and recreational facilities must be properly maintained so that they can be used in the manner intended, and required vegetation and trees used for screening, landscaping, or shading must be replaced if they die or are destroyed.

(Ord. 2004/05-17 § 1 (part))