The purpose of this Section is to establish the applicability, procedures, requirements, and approval standards for each of the City's zoning applications.

Owners of real property and persons with contractual interest in real property located in the City may apply for the various forms of relief from this Ordinance set forth in this Section 4, with the exception of text amendments which are reserved to employees and officials of the City. Any applicant who is not the fee title owner of real property for which relief is sought must provide the Zoning Administrator with written consent of the owner of the property to the filing of the application.

A.

Zoning Approval Required. Except as hereinafter provided, no permit pertaining to the use of land or buildings including building permits, business licenses, temporary use permits, and property transfers, can be issued by an officer, department, or employee unless the application for such permit has been examined by the Zoning Administrator and has granted an approval to it, indicating that the proposed building or structure complies with all the provisions of this Ordinance.

B.

Plans and Drawings. Applications for a permit subject to Zoning Approval may be requested to provide:

1.

A site plan or Plat of Survey of the subject property, drawn to scale showing the actual dimensions of the piece or parcel, lot, lots, block or blocks, or portions thereof, according to the registered or recorded plat of the subject property.

2.

Additional drawings drawn to 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 existing or proposed building or structure, the building lines in relations to lot line, parking layout, the use to be made of the building, structure, or land, 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 their judgment it is necessary, in cases involving conditional uses, planned unit development, site plan review, or any uses in the CR District, require certification by a registered professional engineer, registered architect, or registered land surveyor of applicable plan submissions.

4.

For the purpose of implementing the site plan review procedure contained in Section 4.09 (Site Plan Review), the Zoning Administrator will forward all pertinent plans and drawings to the appropriate offices, departments, or boards of the City.

(Ord. No. 25-O-03, § 2(Exh. A), 1-6-25)

A.

Purpose. The purpose of a variance application process is to grant relief from the regulations of this Ordinance to the extent that literal enforcement of such regulations would create unique hardships or practical difficulties in developing property due to the unique attributes of the subject property. However, no variance may be granted from the use regulations of Section 9 (Uses).

B.

Initiation. An application for a variance may be made by any person, firm, or corporation, or by any office, department, board, bureau, or commission.

C.

Classes of Variances.

1.

Standard Variances. Variances from the quantitative regulations of this Ordinance of up to 50 percent may be granted by the Planning and Zoning Commission only in accordance with the standards established in Section 4.04.E (Standards for Variances) and may be granted only in the instances specified in this Section 4.04.C.1 (Standard Variances). Requests for any variance other than those listed below will be decided by the City Council after a hearing thereon by the Planning and Zoning Commission and subsequent recommendation to the City Council. By ordinance, the City Council may forgo further public hearing to grant any proposed variance not listed in this Ordinance by a two-thirds majority of those present constituting a quorum. If the City Council needs more information before making a decision, they may refer it back to the Planning and Zoning Commission for further consideration.

a.

To permit any yard, height, bulk regulation, or setback different than what is required by the applicable regulations.

b.

To permit the use of a lot or lots for a use otherwise prohibited due to insufficient lot area or lot width.

c.

To permit a single off-street parking facility to provide required off-street parking for two or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same day of the week. If the Zoning Administrator subsequently determines that because of the changed conditions or a subsequent change in use, the off-street parking facility is no longer sufficient to serve all uses, the parking variance will be remanded to the Planning and Zoning Commission to determine whether said variance remains appropriate or should be rescinded.

d.

To reduce the applicable required off-street parking or loading facilities serving a use by not more than one parking space or loading space, or up to 50 percent of the number of required spaces, whichever number is greater.

e.

To allow an increase up to 50 percent in the maximum distance that required off-street parking spaces are permitted to be located from the use served.

f.

To allow for the deferment of the construction of required parking facilities for a reasonable period of time, such period of time to be specified as a condition of the variance. The Planning and Zoning Commission may require an applicant to post a performance bond or other surety with the City to guarantee the ability to construct the required parking facilities in the future.

g.

To allow any fence that does not meet the height or design requirements of Section 9.03.C.17 (Fence or Wall).

2.

Major Variances. Any variance other than those listed in Subsection 4.04.C.1 (Standard Variances) will be classified as a major variance. Major variances may be granted by the City Council only after a public hearing conducted by the Planning and Zoning Commission. The City Council may only approve a major variance by a two-thirds majority of the City Council and may place such conditions on the major variance to protect the public health, safety, and welfare. The City Council may, prior to making a decision on a major variance, refer any request for a major variance back to the Planning and Zoning Commission for further consideration and hearing.

D.

Procedure. Notice of a public hearing for a variance application must conform with Section 2.07 (Notice). See Figure 4.04-1 Variance Application Procedure.

Figure 4.04-1 Variance Application Procedure

1.

Action by the Zoning Administrator

a.

An application for a variance must be filed with the Zoning Administrator, who will process such application within 45 days for the Planning and Zoning Commission to review.

b.

After determining that the application is complete, the Zoning Administrator will prepare a report for the Planning and Zoning Commission evaluating the variance application based on each of the standards of Section 4.04.E (Standards for Variances) and schedule the application for consideration by the Planning and Zoning Commission.

2.

Action by the Planning and Zoning Commission

a.

The Planning and Zoning Commission will consider and act on any requested variance or transmit written recommendations thereon to the City Council, no later than 90 days of the request from the Zoning Administrator. The 90-day period may be extended with the written consent of the applicant.

b.

The Planning and Zoning Commission will apply the standards for standard variances, as noted in Section 4.04.E (Standards for Variances), as part of their review and determination.

c.

The Planning and Zoning Commission will take action on applications for standard variances in the form of approval, denial, or approval with conditions. All final action taken by the Planning and Zoning Commission will be memorialized in written form.

d.

The Planning and Zoning Commission will take action on applications for major variances or variances requested concurrently with other relief for which the City Council has final decision-making authority, in the form of recommendation for approval, recommendation for denial, or recommendation for approval with conditions to the City Council for final determination.

3.

Action by the City Council

a.

The City Council will consider applications for major variances or variances requested concurrently with other relief for which the City Council has final decision-making authority no later than 60 days after receiving the recommendation of the Planning and Zoning Commission. The 60-day period may be extended with the written consent of the applicant.

b.

The City Council will evaluate the application based on the Zoning Administrator's report, the recommendation of the Planning and Zoning Commission, the evidence and testimony presented at the public hearing, and each of the standards of Section 4.04.E (Standards for Variances).

c.

The City Council will take action in the form of an ordinance granting approval or approval with conditions, or a motion denying or referring the application back to the Planning and Zoning Commission for further consideration.

E.

Standards for Variances

1.

The Planning and Zoning Commission and City Council may not vary the regulations of this Ordinance unless it makes findings based upon the evidence and testimony presented to it in each specific case that:

a.

Because of the unique physical surroundings, shape, or topographical conditions of the subject property, 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.

b.

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

c.

The purpose of the variance is not based exclusively upon a desire to increase financial gain to the applicant.

d.

The alleged difficulty or hardship is caused by this Ordinance and has not been created by the applicant or any persons presently having an interest in this property.

e.

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

f.

The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase noise or visual pollution, or substantially increase the congestion of the public streets, or increase the danger of fire, or impair natural drainage or create drainage problems on adjacent properties, or endanger the public safety, or diminish or impair property values within the neighborhood.

2.

The Planning and Zoning Commission, or in the case of a major variance or variances requested concurrently with other relief for which the City Council has final decision-making authority, the City Council, may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards established in this Section and the objectives of this Ordinance.

F.

Period of Validity. Where a variance has been granted pursuant to the provisions of this Ordinance, if no construction or development activity is undertaken on the subject property within 12 months of the date the variance is approved, the variance will automatically be rescinded and become null and void unless extended by the original approving body.

G.

Appeal from Commission Decision. Any final determination on a variance by the Planning and Zoning Commission or City Council is subject to judicial review.

(Ord. No. 25-O-03, § 2(Exh. A), 1-6-25)

A.

Purpose. Where this Ordinance conflicts with any other land development regulation, the highest or strictest regulation, restriction, or standard applies, except that the Development Review Board has the authority to grant a minor adjustment in such regulation, restriction, or standard provided:

1.

Such minor adjustment does not exceed 15 percent of the higher regulation, restriction or standard, or more than the regulations established in Section 4.05.B (Applicability).

2.

Such minor adjustment does not result in a regulation, restriction or standard that is less than the lesser of the conflicting standards provided by ordinance.

3.

Such minor adjustment is not an excluded variance as provided herein.

B.

Applicability. Any application proposing development that deviates from the specific regulations of this Ordinance as established in this Section is considered a minor adjustment.

1.

A reduction of the minimum required lot area up to five percent.

2.

A reduction of the minimum required lot width up to five percent.

3.

An increase in the maximum permitted impervious coverage by five percentage points or less.

4.

A reduction of the minimum required front setback up to ten percent.

5.

An increase in the maximum permitted front setback up to ten percent.

6.

A reduction of the minimum required corner side setback up to ten percent.

7.

An increase in the maximum permitted corner side setback up to ten percent.

8.

A reduction of the minimum required interior side setback up to ten percent.

9.

A reduction of the minimum required rear setback up to ten percent.

10.

A reduction of the minimum required street frontage up to five percent.

11.

A reduction of the minimum or maximum required off-street parking up to five percent, or four spaces, whichever is greater.

12.

An increase in the maximum permitted sign area up to five percent.

13.

An increase in the maximum permitted sign height up to five percent.

14.

Any change to the standards for temporary signs as established in Section 12.09 (Temporary Signs).

C.

Standards for Minor Adjustments

1.

The Development Review Board has the authority to make minor adjustments or changes to such regulations, restrictions, and standards only in accordance with the standards set forth herein. Such minor adjustments are applicable to land, buildings, and uses that were improved or developed under standards or regulations that are in conflict with those currently in force or to lots that were platted under standards or regulations that are in conflict with those currently in force. In the granting of any minor adjustment as provided herein, the Development Review Board is guided at all times by the spirit and intent of this Ordinance.

2.

Where the Development Review Board finds practical difficulties to the development of lots developed or improved to prior standards or where strict enforcement of the current ordinances would result in undue hardship, it may make minor adjustment in the regulations, restrictions, or standards of this Ordinance, provided:

a.

Such minor adjustment is the least adjustment that will overcome the practical difficulty or hardship.

b.

That hardship is not self-imposed by an applicant but is the result of the establishment of current development standards that are more restrictive than those applicable at the time at which the subject property was platted or at the time at which any improvements thereon began.

c.

Such minor adjustment does not diminish the current regulation, restriction, or standard by more than 15 percent of the measure, value, or dimension of the regulations, restrictions, or standards, or more than the regulations established in Section 4.05.B (Applicability).

d.

Such minor adjustment does not result in a regulation, restriction, or standard that is lower than that established by common practice or by regulation in effect at the time of the original development as determined by an examination of the actual development or properties in the immediate vicinity of the subject property and in the same zoning district. For the purpose of determining common practice, it is sufficient for the Development Review Board to determine the average actual measure of the regulations, restrictions, or standards as found on the three closest properties to the subject property in the same zoning district.

A.

Purpose. An appeal may be proposed by any person aggrieved by an administrative order, requirement, decision, or determination made by the Zoning Administrator under this Ordinance by filing an application for appeal no later than 30 days following the action being appealed.

B.

Initiation. An appeal must be filed with the Zoning Administrator, who will forward the appeal to the Planning and Zoning Commission for hearing and consideration.

C.

Procedure. Notice of hearings must be provided in accordance with Section 2.07 (Notice). See Figure 4.06-1 Appeal Application Procedure.

Figure 4.06-1 Appeal Application Procedure

1.

Action by the Zoning Administrator

a.

An application for an appeal must be filed with the Zoning Administrator in accordance with Section 2.06 (Application Procedures).

b.

After determining that the application is complete, the Zoning Administrator will prepare a report for the Planning and Zoning Commission and schedule the application for consideration by the Planning and Zoning Commission.

2.

Action by the Planning and Zoning Commission

a.

The Planning and Zoning Commission will conduct a public hearing on a proposed appeal in accordance with Section 2.08 (Public Hearing) no later than 45 days after the Zoning Administrator's determination that the application is complete.

b.

The Planning and Zoning Commission will take action no later than 30 days after the close of the public hearing in the form of a ruling affirming, modifying, or reversing the decision made by the Zoning Administrator. The Planning and Zoning Commission's findings will be reduced to writing and will include a memorialization of the Commission's findings of fact and final determination.

D.

Decisions. All decisions, after a hearing before the Planning and Zoning Commission on appeals from an administrative order, requirement, decision, or determination relating to this Ordinance, of the Zoning Administrator or other authorized official of the City of Waukegan are final administrative determinations and are subject to judicial review.

A.

Purpose. The purpose of an amendment application is to allow modifications to the text of this Ordinance or the boundaries of the zoning districts established by this Ordinance and depicted on the Zoning Map in response to changing conditions and policies.

B.

Initiation.

1.

Text amendments may be proposed by the Mayor, City Council, Planning and Zoning Commission, or Zoning Administrator.

2.

Map amendments may be proposed by the owner of the subject property or the City Council, Planning and Zoning Commission, or Zoning Administrator. Map amendments initiated by the City do not require the consent of the owner of the subject property, but the owner will be provided notice of the public hearing pursuant to Section 2.07 (Notice).

C.

Procedure. Notice of the public hearing will conform with Section 2.07 (Notice). See Figure 4.07-1 Amendment Application Procedure.

Figure 4.07-1 Amendment Application Procedure

1.

Action by the Zoning Administrator

a.

An application for an amendment to this Ordinance must be filed with the Zoning Administrator.

b.

The Zoning Administrator, upon receipt of a properly completed application for amendment, will transmit the application no later than 45 days after receipt, along with all pertinent materials, to the Planning and Zoning Commission.

2.

Action by the Planning and Zoning Commission

a.

No later than 60 days after receipt by the Planning and Zoning Commission of any application for amendment, the Commission will hold a public hearing in accordance with existing procedures and in accordance with the Revised Statutes of the State of Illinois. The applicant or their representative must attend the hearing.

b.

The Planning and Zoning Commission will submit recommendations to the City Council no later than 30 days after the close of the public hearing. Extension of this time period may be allowed by mutual consent of applicant and Planning and Zoning Commission. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the Planning and Zoning Commission will make finding based upon the evidence and testimony presented to it in each specific case with respect to, but not limited to, the following matters:

(1)

Existing uses of the property within the general area of the subject property.

(2)

The zoning classification of property within the general area of the subject property.

(3)

The suitability of the subject property to the uses permitted under the existing zoning classification as well as the proposed zoning classification.

(4)

The trend of development, if any, in the general area of the subject property, including changes, if any, that have taken place in its present zoning classification.

(5)

The objectives and land use plan of the current Comprehensive Plan.

c.

The Planning and Zoning Commission will not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment is not detrimental to the public interest. The Planning and Zoning Commission may recommend the adoption of an amendment changing the zoning classification of the subject property to any other classification than that requested by the applicant.

3.

Action by the City Council

a.

The City Council will not act upon a proposed amendment to this Ordinance until it has received a written report and recommendation from the Planning and Zoning Commission on the proposed amendment.

b.

The City Council may grant or deny any application for an amendment by ordinance duly adopted, provided however, that if a written protest against any proposed map amendment, signed and acknowledged by the owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of the 20 percent of the frontage directly opposite the frontage proposed to be altered by the map amendment, is filed with the City Clerk prior to the amendment's consideration by the City Council, such amendment may only be passed by two-thirds vote of the City Council.

D.

Effect of Denial of Amendment. No application for a map amendment which has been denied by the City Council may be resubmitted 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.

E.

Repeal of Amendment. In any case where a change of boundary lines of the zoning district map has been granted, and where no zoning permit or building permit has been applied for within one year, the Planning and Zoning Commission may hold a public hearing, after notice of public hearing has been given, and recommended to the City Council that such zoning be affirmed or repealed and rezoned to its most appropriate district classification with or without the consent of the owner of the subject property.

A.

Purpose. The development and execution of this Ordinance is based upon the division of the City into districts where 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, without consideration on a case-by-case basis, of the potential impact of those uses upon neighboring land and of the public need for the particular use in the particular location.

B.

Initiation. Any person owning land or having a valid contractual interest in the land may file an application to use such land for one or more of the conditional uses provided for in Section 9 (Uses) of this Ordinance in the zoning district in which the land is located. In the case of an application to expand or alter an existing conditional use, the same procedures will be followed as those for granting a new conditional use.

C.

Procedure. Notice of the public hearing must conform with Section 2.07 (Notice). See Figure 4.08-1 Conditional Use Application Procedure.

Figure 4.08-1 Conditional Use Application Procedure

1.

Action by the Zoning Administrator. An application for a conditional use permit must be filed with the Zoning Administrator in accordance with Section 2.06 (Application Procedures). The application must be accompanied by such plans and/or data prescribed by the Zoning Administrator or City Engineer and must include a written statement by the applicant supported by adequate evidence showing that the proposed conditional use will conform to the standards set forth in Section 4.08.D (Standards for Conditional Uses).

2.

Action by the Planning and Zoning Commission

a.

No later than 30 days after receipt of the application the Planning and Zoning Commission will hold a public hearing on each application, at such time and place determined by the Planning and Zoning Commission. The hearing will be conducted and a record of the proceedings preserved in such manner as prescribed by the Commission. Such hearings must be attended by the applicant and/or their representative.

b.

The Planning and Zoning Commission will evaluate the application based on the Zoning Administrator's report, the evidence and testimony presented at the public hearing, and each of the standards of Section 4.08.D (Standards for Conditional Uses).

c.

The Planning and Zoning Commission will make findings of fact based on the testimony and evidence included in the application and presented at the public hearing. The Commission will recommend approval, approval with conditions, or denial of the application. In recommending approval, the Planning and Zoning Commission may:

(1)

Recommend conditions on the establishment, location, construction, maintenance, and operation of the conditional use as deemed necessary to protect the public interest.

(2)

Recommend guarantees from the applicant as deemed necessary to assure compliance with the stipulated conditions of approval.

d.

For each application for a conditional use permit, the Planning and Zoning Commission will, no later than 30 days after the close of the public hearing, report its findings of fact and recommendations to the City Council in writing, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest.

3.

Action by the City Council

a.

The City Council will evaluate the application based on the Zoning Administrator's report, the recommendation of the Planning and Zoning Commission, the evidence and testimony presented at the public hearing, and each of the standards of Section 4.08.D (Standards for Conditional Uses).

b.

The City Council may grant, by ordinance duly adopted or deny by motion any application for conditional use, and may establish such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use, as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in Section 4.08.D (Standards for Conditional Uses).

c.

In all cases where the City Council permits the establishment of a conditional use, the terms of the relief granted must be specifically set forth in the ordinance.

d.

If a written protest against any proposed conditional use permit, signed and acknowledged by the owners of 20 percent of the subject property proposed for the conditional use, or by the owners of 20 percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of the 20 percent of the frontage directly opposite the of the subject property proposed for the conditional use, is filed with the City Clerk prior to the conditional use's consideration by the City Council, such conditional use may only be passed by a two-thirds vote of the City Council.

D.

Standards for Conditional Uses. No conditional use may be recommended by the Planning and Zoning Commission or approved by City Council, unless they find that the proposed conditional use would satisfy the following standards:

1.

That the establishment, maintenance, or operation of the conditional use will not be detrimental to, or endanger the public health, safety, comfort, or general welfare.

2.

That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish or impair property values within the neighborhood.

3.

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

4.

That adequate utilities, access roads, drainage, and/or necessary facilities have been or are being provided.

5.

That adequate measure has been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

6.

That the proposed conditional use is not contrary to the objectives of the current Comprehensive Plan for the City of Waukegan.

7.

That the conditional use conforms 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 Planning and Zoning Commission.

E.

Unconditional Agreement and Consent; Revocations.

1.

Each applicant for a conditional use permit must, as a condition of the effectiveness of the ordinance granting the conditional use, execute an unconditional agreement and consent to abide by the conditions and restrictions set forth in the ordinance granting the conditional use. The unconditional agreement and consent must also be executed by the owner of the subject property, if a different person than the applicant.

2.

Any violation of conditions set forth in the ordinance granting a conditional use permit will be grounds for a revocation of the conditional use permit and/or the application of fines and penalties. All elements of a conditional use are subject to periodic inspection for compliance with the approved conditional use permit.

F.

Filing and Recordation of a Conditional Use Permit. If a conditional use permit is approved by City Council, the ordinance approving the conditional use permit will be filed with the Zoning Administrator and the City Clerk and recorded with the Recording Division of the Lake County Clerk's Office.

G.

Effect of Denial of a Conditional Use. No application for a conditional use that has been denied or revoked wholly or in part by the City Council may be resubmitted for a period of one year from the date of said order of denial or revocation, except on the grounds of new evidence or proof of change of conditions found to be valid by the Zoning Administrator.

H.

Period of Validity. In any case where a conditional use has been approved, but any occupancy certificate or building permit has not been applied for within one year from the date of granting thereof, then, without further action by the City Council, the conditional use or authorization is null and void.

I.

Expiration and Transferability. A conditional use approval authorizes only one particular conditional use and expires if the conditional use is discontinued for more than six months for any reason. However, the operator or owner of an authorized conditional use may be changed if the use remains unchanged. Such new owner may be required to execute an unconditional agreement and consent assuming the obligations of the original applicant.

(Ord. No. 25-O-03, § 2(Exh. A), 1-6-25)

A.

Purpose. To exercise uniform regulations of land use design features within areas of significant impact or critical concern, the City of Waukegan hereby establishes a site plan review process.

B.

Initiation. Approval of a site plan review application is required for the following proposed developments:

1.

New construction of an accessory dwelling unit in any zoning district.

2.

Expansion, reconstruction, or reduction of an existing off-street parking lot, tandem parking facility, shared parking facility, or any loading facility that does not meet the standards of this Ordinance.

3.

Demolition of any principal structures for located on Washington Street between Sheridan Road and West Street, or on Genesee Street between Belvidere Road and Grand Avenue.

4.

Conditional use permit applications for banquet halls and funeral homes, and applications for day care homes or outdoor dining permits.

C.

Procedure. Notice must conform with Section 2.07 (Notice). See Figure 4.09-1 Site Plan Review Application Procedure. Any applicant for site plan review whose development proposal also requires the subdivision of a lot or lots is entitled to, and is encouraged to seek, concurrent review of the application for a plat of resubdivision with the application for site plan review.

Figure 4.09-1 Site Plan Review Application Procedure

D.

Action by the Zoning Administrator.

1.

Applications for site plan review must be filed with the Zoning Administrator in accordance with Section 2.06 (Application Procedures). The Zoning Administrator may reasonably require information or documents to be filed to ensure compliance with all applicable ordinances and regulations, which may include, but are not limited to, the following:

a.

A site plan of the subject property showing existing conditions with a legal description of the site, preferably in the form of a Plat of Survey.

b.

A site plan showing how the proposed site improvements relate to adjacent, developed sites.

c.

Engineering plans and calculations.

d.

Traffic and/or parking studies, if deemed necessary.

e.

Elevations of proposed buildings.

f.

Landscape plans.

g.

Signage plans.

2.

After determining that the application is complete, the Zoning Administrator will prepare a report for the Development Review Board evaluating the application and applying the standards of Section 4.09.F (Standards for Site Plan Review) and schedule the application for consideration and hearing by the Development Review Board.

E.

Action by the Development Review Board

1.

The Development Review Board will conduct a public hearing on the application in accordance with Section 2.08 (Public Hearing) no later than 60 days after receipt of a report from the Zoning Administrator. The 60-day period may be extended with the written consent of the applicant.

2.

The Development Review Board will evaluate the application based on the Zoning Administrator's report, the evidence and testimony presented at the public hearing, and each of the standards of Section 4.09.F (Standards for Site Plan Review).

3.

The Development Review Board will take action in the form of approval, approval with conditions, or denial of the site plan.

4.

For the applications involving expansion, reconstruction, or reduction of existing parking lots that do not meet the requirement of this Ordinance, site plan review will be the only required approval. No further relief shall be required from the Planning and Zoning Commission or City Council.

F.

Standards for Site Plan Review. The Development Review Board will evaluate applications for site plan review based on each of the following standards:

1.

The site plan for the proposed development is consistent with the existing character and zoning of adjacent properties and other property within the immediate vicinity of the proposed development.

2.

The site plan for the proposed development will not adversely impact adjacent properties and other properties within the immediate vicinity of the proposed development.

3.

The site plan for the proposed development will provide the subject property with adequate utilities, access roads, parking, loading, drainage, stormwater flow paths, exterior lighting, and/or other necessary facilities.

4.

The site plan for the proposed development will preserve the environmental resources of the zoning lot.

5.

The site plan will accommodate on-site pedestrian circulation from parking areas, plazas, open space, and public rights-of-way with the greatest separation between pedestrian and vehicular circulation possible provided.

6.

The site plan locates curb cuts for safe and efficient ingress and egress of vehicles. Shared curb cuts and cross-access easements are provided where appropriate.

7.

The site plan for the proposed development includes architectural design that will contribute positively to the City's aesthetic appearance.

8.

The site plan for the proposed development is consistent with the intent of the Comprehensive Plan, this Ordinance, and the other land use policies of the City.

G.

Amendment to Approved Site Plan. Proposed amendments of any approved Site Plan must be reviewed in the same manner as site plan review.

H.

Expiration of Site Plan Review Approval. Site plan review approval may be revoked if either of the following conditions occur.

1.

A building permit has not been obtained within one year after approval of the site plan. The applicant may request one six-month extension of this period by means of a written request filed no later than 30 days prior to the expiration of the one-year period. The Zoning Administrator will decide whether to grant or deny the requested extension no later than 15 days after receipt of the applicant's written request.

2.

The standards of this Ordinance or any of the terms and conditions of the approved site plan are violated.

A.

Purpose. The purpose of interpretations is to provide a process by which the standards of this Ordinance can be clarified and explained, to ensure consistent interpretation and application. Ordinance interpretations are not intended to amend or modify the content of this Ordinance.

B.

Limitation. All ordinance interpretation requests must be requested for the purpose of furthering an actual development or the establishment or clarification of a use.

C.

Procedure. See Figure 4.10-1 Ordinance Interpretation Application Procedure.

Figure 4.10-1 Ordinance Interpretation Procedure

1.

An application for an ordinance interpretation must be filed with the Zoning Administrator in accordance with Section 2.06 (Application Procedures).

2.

Required Elements. Each application for an ordinance interpretation must include the following:

a.

Identification of the specific provision of the Ordinance the applicant seeks interpretation of.

b.

Description of the conflict, question, or ambiguity the applicant seeks clarity or resolution of.

c.

Any factual details, documentation, or illustrative materials regarding how the provision of the Ordinance has been applied to the applicant's particular situation or property.

3.

After determining that the application is complete, the Zoning Administrator will prepare a report and render an interpretation no later than 30 days after receipt of the complete application. The Zoning Administrator may consult with other City staff and local district representatives during the evaluation process.

4.

The determination of the Zoning Administrator may be appealed to the Planning and Zoning Commission in accordance with Section 2 (Administrative Bodies and Procedure).

A.

Purpose. This section provides a procedure to request Reasonable Accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the Americans with Disabilities Act (ADA) (also known as the Acts) in the application of this Ordinance.

B.

Eligible Applicants.

1.

A request for a reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of this Ordinance acts as a barrier to fair housing opportunities.

2.

A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment, as those terms are defined by the Acts.

C.

Eligible Requests.

1.

A request for a reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

2.

A request for Reasonable Accommodation shall comply with Section 4.11.D (Application Requirements), below.

D.

Application Requirements. An application for a reasonable accommodation shall be filed and processed in compliance Section 2.06 (Application Procedure) It is the responsibility of the applicant to provide evidence in support of the findings required by Section 4.11.E (Findings and Decision), below. The contents of the application will be held confidential to the extent permissible under the Illinois Freedom of Information Act (5 ILCS 140/1 et seq.)

E.

Review Authority.

1.

Zoning Administrator. A request for reasonable accommodation shall be reviewed, and a decision shall be made, by the Zoning Administrator if no approval is sought other than the request for Reasonable Accommodation.

2.

Other Reviewing Body. A request for reasonable accommodation submitted for concurrent review with another application shall be reviewed by the authority reviewing the discretionary land use application.

F.

Review Procedures.

1.

Zoning Administrator Review. The Zoning Administrator shall make a written decision and either approve, approve with modifications, or deny a request for reasonable accommodation in compliance with Section 4.11.E (Findings and Decision), below.

2.

Other Review Authority. The written decision on whether to approve or deny the request for a reasonable accommodation shall be made by the reviewing body responsible for reviewing the application in compliance with the applicable review procedure for that relief. The decision to approve or deny the request for reasonable accommodation shall be made in compliance with Section 4.11.E (Findings and Decision), below.

3.

Request of Further Information. If necessary to reach a determination on the request for Reasonable Accommodation, the review authority may request further information from the applicant consistent with the Acts, specifying in detail the information that is required.

G.

Findings and Decision.

1.

Findings. The applicable reviewing authority may approve a request for reasonable accommodation, with or without conditions, only after first making all of the following findings:

a.

The requested reasonable accommodation would be consistent with the Acts specified in Section 4.11A (Purpose), above;

b.

The housing, which is the subject of the request, will be used by an individual or group defined as disabled under the Acts;

c.

The request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts;

d.

The requested reasonable accommodation would not impose an undue financial or administrative burden on the City;

e.

The requested reasonable accommodation would not require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning;

f.

There would be no potential impact on surrounding uses;

g.

The physical attributes of the subject property and structure(s) would warrant approval of the requested reasonable accommodation; and

h.

No other reasonable accommodations would provide an equivalent level of benefit.

2.

Conditions of Approval. In approving a request for Reasonable Accommodation, the review authority may impose conditions of approval deemed reasonable and necessary to ensure that the Reasonable Accommodation will comply with the findings required by this Section 4.11.E (Findings and Decision).

3.

Failure to Make Findings. The review authority shall deny the application for a reasonable accommodation when it fails to make any one or more of the required findings.