The administration of this chapter is hereby vested in:
The Building Inspector shall enforce this chapter and in furtherance
of his authority shall:
A.
Determine conformance of applications for zoning certificates with
the regulations of this chapter.
B.
Issue all zoning certificates following approval as required in this
chapter and maintain records thereof.
C.
Issue all certificates of occupancy and maintain records thereof.
D.
Conduct inspections of buildings, structures and uses of land to
determine compliance with the terms of this chapter.
E.
Receive, file and forward to the Zoning Board of Appeals all applications
for amendments, conditional uses, or for other matters on which the
Zoning Board of Appeals is required to act under this chapter.
F.
Receive, file and forward to the Plan Commission all applications
for amendments, conditional uses, or other matters which require referral
to the Plan Commission under this chapter.
G.
Maintain permanent and current records of the administration and
enforcement of this chapter, including, but not limited to, all maps,
amendments, variations, appeals and applications therefor and records
of hearing thereon, and designate on the Zoning District Map each
amendment thereto.
H.
Decide or make recommendations on all other matters under this chapter
upon which the Building Inspector is required to act.
I.
Receive from the City Clerk all notices of petitions for appeals,
variations, amendments, and conditional use permits which have been
referred by the City Clerk to the Zoning Board of Appeals or other
appropriate reviewing body.
J.
Provide and maintain public information facilities relative to all
matters pertaining to this chapter.
A.
If a building permit application involves plumbing work, applicants
must include the state plumbing number and City of Mendota permit
number next to the plumber's name.
B.
If a building permit application involves electrical work, applicants
must include the City of Mendota registration number for the contracted
electrician.
C.
Applicants who are personally not a permittee may do their own plumbing
and/or electric work only under the following terms. Under all other
circumstances a City of Mendota permitted plumber and/or registered
electrician must be secured.
D.
A building permit involving electrical and/or plumbing work will
not be issued until the permitted plumber and/or electrician is identified
by name, address and the applicable permit or registration numbers
as mentioned hereinbefore.
E.
Failure to comply with building permit application requirements can
result in withholding of a permit, withdrawal of a permit and/or fines
as prescribed by local ordinance.
A.
No permit pertaining to the use of land or buildings shall be issued
by any officer or employee of the City unless the application for
such permit has been examined by the Building Inspector and has affixed
to it a certificate of the Building Inspector indicating that the
proposed building or structure and uses comply with the provisions
of this chapter.
B.
An application for a permit pertaining to the use of land or structures
which requires compliance with the provision of this chapter regarding
performance standards shall be signed by the landowner or a corporate
office, or authorized representative of the owner or corporation,
certifying that the structure and the proposed use thereof comply
with the applicable performance standards of the district in which
they are located. Such certificate shall contain sufficient information
and detail to enable the Building Inspector to determine that the
proposed structure and use can and will be in compliance with the
applicable performance standards. The Building Inspector shall, within
10 working days following receipt of such application and certificate,
approve and authorize or deny the issuance of a zoning certificate.
Approval also indicates that the application complies with other relevant
provisions of this chapter. Such authorization shall thereafter be
valid for all purposes for a period of one year. If the project is
incomplete at that time, said certificate may be extended for successive
one-year periods by request in writing to the Building Inspector.[1]
C.
If the application is denied, the Building Inspector shall notify
the person signing the application, in writing, of his findings. Upon
receipt of such findings, the applicant may, within 20 working days,
show that such application is in compliance or submit a revised application
which is in compliance.
All applications for zoning certificates shall be accompanied
by building layout plans in triplicate, drawn to scale, and fully
dimensioned, adequate to show the shape, area and dimensions of the
lot to be built upon, the exact size and location on the lot of the
existing buildings and accessory buildings, and the lines within which
the new buildings or structures shall be erected, the existing and
intended use of each building or structure, the number of dwelling
units or lodging rooms a building is designed to accommodate, location
and number of off-street parking and off-street loading spaces, and
such other information with regard to the lot and neighboring lots
and performance standards as may be necessary to determine and provide
for the enforcement of this chapter. One copy of such plans shall
be returned to the owner when such plans shall have been approved
by the Building Inspector. The lot and location of the building thereon
shall be staked out on the ground before construction is started.
[Amended by Ord. No. 04-06-15A; Ord. No. 12-02-19B]
A.
A certificate
of occupancy shall be required for any and all new businesses opening
after December 2, 2019. A certificate of occupancy shall be issued
for businesses existing prior to December 2, 2019, by order of priority
as determined by the Building Inspector and Fire Chief.
C.
In conjunction with the certificate of occupancy, any business that has or is issued a liquor license of any kind shall be issued a maximum permitted occupancy certificate. The maximum limit shall be determined using data in codes that have been adopted by the City of Mendota as found in § 129-1 of the Municipal Code.
D.
The Fire
Chief, after finalizing his inspection of the premises, shall issue
a certificate, signed and dated, in a size of eight inches by 10 inches
with one-inch block letters that clearly states the maximum occupancy
of the premises. This certificate is to be prominently displayed in
plain view at each entrance to the establishment and above the bar
area.
E.
It shall
be unlawful for any licensee or for any agent of any licensee to allow
the posted occupancy limit of any licensed establishment to be exceeded.
At any time when any law enforcement officer, building inspector or
code enforcer reasonably believes that the occupancy limit of any
licensed premises has been exceeded, the Fire Department shall be
notified. The Fire Chief, or his designee, or appropriate law enforcement
personnel may determine the occupancy on such premises on such occasion
by any reasonable means, including requiring the temporary and orderly
evacuation of the premises in order to obtain a count of the persons
present.
F.
The penalty
for a violation in this section shall be a fine of not less than $100
nor more than $750.
[Amended by Ord. No. 02-21-05]
A.
Whenever there is found a violation of the terms of this chapter,
the Building Inspector shall at once issue written notice to the owner
and any other party responsible, specifying the nature of the violation
and citing the provisions of this chapter which are violated, and
said owner and any other party shall at once take appropriate steps
to correct said violation. In case of failure by the owner or other
responsible party to correct the violation within a reasonable time,
the Building Inspector shall initiate action or proceeding as shall
be necessary to secure compliance with the applicable provision of
this chapter. When compliance is so secured, the Building Inspector
shall issue an occupancy certificate certifying such compliance.
B.
Complaints; additional penalties for violating this chapter.
(1)
Any
neighboring resident or other interested citizen reporting an alleged
violation of this chapter shall file a complaint in writing.
(2)
Violation of this chapter or failure to comply with any of its requirements shall constitute an ordinance violation. Any person who violates this chapter, or who fails to comply with any of its requirements, shall, upon conviction thereof, be fined as set forth in Chapter 1, Article III, Penalties and Enforcement, of the City Code, and in addition shall pay all costs and expenses involved in the case. The owner/tenant of any building, structure, premises, or part thereof, and any architect, builder, contractors, agent or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties provided in this section. Nothing contained in this section shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation of this chapter.[1]
A.
Creation. The Zoning Board of Appeals of the City is hereby created
in accordance with Illinois Statutes.
B.
Membership and term of office. The Mayor shall appoint a Zoning Board
of Appeals consisting of seven members, who shall be confirmed by
a majority vote of the members of the City Council present and voting
thereon. The members appointed shall serve respectively for the following
terms: one for one year, one for two years, one for three years, one
for four years, one for five years, one for six years, and one for
seven years; and successors to each member so appointed shall serve
for a term of five years. One of the members so appointed shall be
named as Chairman at the time of his appointment, and in case of vacancy,
the Mayor shall designate a Chairman, who shall be confirmed by a
majority vote of the City Council present and voting thereon. The
Mayor shall have the power to remove any member of the Zoning Board
of Appeals for cause, after public hearing. Vacancies on the Zoning
Board of Appeals shall be filled, for the unexpired term of the member
whose place has become vacant, in the manner herein provided for the
appointment of such new member.
C.
Jurisdiction. The Zoning Board of Appeals is hereby vested with the
following jurisdiction and authority:
(1)
To hear and decide an appeal from any order, requirement, decision,
or determination made by the Building Inspector or other authorized
official of the City having jurisdiction under this chapter.
(2)
To hear applications for variations from the terms provided in this
chapter in the manner and subject to the standards set forth in this
section.
(3)
To hold public hearings on matters pertaining to applications for
amendments.
(4)
To hear and decide upon all matters referred to it or upon which
it is required to pass under this chapter, in accordance with applicable
Illinois Statutes.
D.
Meetings and rules. All meetings of the Zoning Board of Appeals shall
be held at the call of the Chairman and at such times and places within
the City as the Zoning Board of Appeals may determine. All testimony
by witnesses at any hearing provided for in this chapter shall be
given under oath. The Chairman, or in his absence, the acting Chairman,
may administer oaths and compel the attendance of witnesses. All meetings
of the Zoning Board of Appeals shall be open to the public. The Zoning
Board of Appeals shall keep minutes of its proceedings, showing the
vote of each member upon every question, or if absent or failing to
vote, indicating such fact, and shall also keep records of its examinations
and other official actions. The concurring vote of four members of
the Zoning Board of Appeals shall be necessary to reverse any order,
requirement, decision, or determination of the Building Inspector
or to decide in favor of the applicant on any matter on which it is
authorized by this chapter to render a decision. Every rule, regulation,
every amendment or repeal thereof, and every order, requirement, decision
or determination of the Zoning Board of Appeals shall immediately
be filed in the office of the Zoning Board of Appeals and shall be
a public record. In the performance of its duties, the Zoning Board
of Appeals may incur such expenditures as shall be authorized by the
City Council.
A.
Authority. The City Council shall decide all applications for variations of the provisions of this chapter after a public hearing held before the Zoning Board of Appeals. The Zoning Board of Appeals shall hold public hearings upon all applications for variations and shall report its recommendations to the City Council. The Zoning Board of Appeals shall recommend a variation only after it has made a finding of fact specifying the reason or reasons for recommending the variation. Such findings shall be based upon the standards prescribed in Subsection D of this section. No variation shall be granted by the City Council without such findings of fact. When the Zoning Board of Appeals fails to recommend a variation, it can only be adopted by an ordinance with the favorable vote of 2/3 of the City Council.
B.
Initiation. An application for a variation may be made by any governmental
office, department, board, bureau, or commission or by any person,
firm or corporation having a freehold interest, a possessory interest
entitled to exclusive possession, a contractual interest which may
become a freehold interest, an option to purchase, or any exclusive
possessory interest applicable to the land or land and improvements
described in the application for a variation.
C.
Application for variation and notice of hearing. An application for
a variation shall be filed with the City Clerk, who shall forward
a copy of same to the Zoning Board of Appeals without delay. The application
shall contain such information as the Zoning Board of Appeals may
from time to time by rule provide. No more than 90 days after the
filing of such application, a hearing shall be held on the application.
Notice of such hearing shall be published at least once, not more
than 30 days nor less than 15 days before the hearing, in a newspaper
of general circulation within the City. The published notice may be
supplemented by such additional form of notice as the Zoning Board
of Appeals may by rule provide. Any notice required by this section
need not include a metes-and-bounds legal description of the location
for which the variation is requested, provided that the notice includes
the common street address or addresses and the property index number
("PIN") or numbers of all the parcels of real property contained in
the area for which the variation is requested.[1]
D.
Standards for variations.
(1)
The Zoning Board of Appeals shall not recommend a variation of the
regulations of this chapter, as authorized herein, unless it shall
have made findings of fact based upon the evidence presented to it
in each specific case that:
(2)
For the purpose of implementing the above rules, the Zoning Board
of Appeals shall also, in making its determination whether there are
practical difficulties or particular hardships, take into consideration
the extent to which the following facts favorable to the applicant
have been established by the evidence:
(a)
The particular physical surroundings, shape, or topographical
condition of the specific property involved would result in a particular
hardship upon the owner, as distinguished from a mere inconvenience,
if the strict letter of the regulations were carried out;
(b)
The conditions upon which the petition for variation is based
would not be applicable, generally, to other property within the same
zoning classification;
(c)
The purpose of the variation is not based exclusively upon a
desire to make more money out of the property;
(d)
The alleged difficulty or hardship has not been created by the
owner of the property, or by a previous owner;
(e)
The granting of the variation will not be detrimental to the
public welfare or injurious to other property or improvements in the
neighborhood in which the property is located; and
(f)
The proposed variation will not impair an adequate supply of
light and air to adjacent property, or substantially increase the
congestion in the public streets, or increase the danger of fire,
or endanger the public safety, or substantially diminish or impair
property values within the neighborhood.
(3)
The Zoning Board of Appeals may recommend and the City Council may
require such conditions and restrictions upon the premises benefited
by a variation as may be necessary to comply with the standards set
forth in this section to reduce or minimize the injurious effect of
such variation upon other property in the neighborhood, and better
to carry out the general intent of this chapter.
E.
Authorized variations. Variations from the regulations of this chapter
shall be granted by the Zoning Board of Appeals only in accordance
with the standards set out in this section and may be granted only
in the following instances and in no others:
(1)
To permit any yard or setback less than a yard or a setback required
by the applicable regulations;
(2)
To permit the use of a lot or lots of record on the effective date
of this chapter for a use otherwise prohibited solely because of insufficient
area or width of the lot or lots;
(3)
To permit the same off-street parking facility to qualify as required
facilities 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 days of the week;
(4)
To reduce the applicable off-street parking or loading facilities
required by 10% of the applicable regulations;
(5)
To allow for an encroachment of improvements into the rear or side
yard setback; and
[Added by Ord. No. 01-07-13]
(6)
To allow for variations pertaining to signage.
[Added by Ord. No. 01-07-13]
An appeal to the Zoning Board of Appeals may be made by any
person, firm or corporation, or by any office, department, board,
or bureau aggrieved by a decision of the Building Inspector under
this chapter in accordance with Illinois Statutes and the following:
A.
An application for an appeal shall be filed with the City Clerk within
45 days of the date of the action from which the appeal is being filed,
and thereafter the City Clerk shall forward such application to the
Zoning Board of Appeals for processing. The City Clerk shall forward
to the Building Inspector a notice of appeal, specifying the grounds
thereof, and the Building Inspector shall forthwith transmit to the
Zoning Board of Appeals all the papers constituting the record upon
which the action appealed from was taken.[1]
B.
An appeal stays all the proceedings in furtherance of the action
appealed from, unless the officer from whom the appeal is taken certifies
to the Zoning Board of Appeals, after the notice of appeal has been
filed with him, that by reason of facts stated in the certificate
a stay would, in his opinion, cause imminent peril to life or property,
in which case proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the Zoning Board of Appeals
or by a court of record on application, on notice to the officer from
whom the appeal is taken and on due cause shown.
C.
The Zoning Board of Appeals shall fix a reasonable time, not to exceed
90 days, for the hearing of the appeal and give due notice thereof
to the parties and decide the same within a reasonable time. The Zoning
Board of Appeals may reverse or affirm, wholly or partly, or may modify
the order, requirement, decision, or determination as in its opinion
ought to be made on the premises and to that end shall have all the
powers of the officer from whom the appeal was taken.
A.
Authority. The regulations imposed and the districts created under
the authority of this chapter may be amended, from time to time, by
ordinance in accordance with applicable Illinois Statutes. An amendment
shall be granted or denied by the City Council only after a public
hearing before the Plan Commission and a report of its findings and
recommendations has thereafter been submitted to the City Council.
B.
Initiation of amendments. Amendments may be proposed by the City
Council, Plan Commission, and by any person, firm, or corporation
having a freehold interest, a possessory interest entitled to exclusive
possession, a contractual interest which may become a freehold interest,
an option to purchase, or any exclusive possessory interest which
is specifically enforceable on the land which is described in the
application for an amendment.
C.
Processing.
(1)
An application for an amendment shall be filed with the City Clerk
and thereafter entered into the records of the first meeting thereafter
of the City Council.
(2)
A copy of such application shall thereafter be forwarded by the City
Clerk to the Plan Commission with a request to hold a public hearing
and submit to the City Council a report of its findings and recommendations.
Such public hearing shall be held upon such notice as shall be required
by Illinois Statutes.
D.
Decisions.
(1)
The City Council, upon report of the Plan Commission and without
further public hearing, may grant or deny any proposed amendment in
accordance with applicable Illinois Statutes, or may refer it back
to the Plan Commission for further consideration.
(2)
In case a written protest against any proposed amendment signed and
acknowledged by owners of 20% of the frontage to be altered, or by
the owners of 20% of the frontage immediately adjoining or across
the alley therefrom, or by owners of 20% of the frontage directly
opposite the frontage to be altered, is filed with the City Clerk,
the amendment cannot be passed except on the favorable vote of 2/3
of all members of the City Council.
E.
Any notice
required by this section need not include a metes-and-bounds legal
description of the location for which the variation is requested,
provided that the notice includes the common street address or addresses
and the property index number ("PIN") or numbers of all the parcels
of real property contained in the area for which the variation is
requested.[1]
A.
Purpose. The formulation and enactment of a comprehensive ordinance
is based on the division of the entire City into districts in each
of which are permitted specified uses that are mutually compatible.
In addition to such permitted, compatible uses, however, it is recognized
that there are other uses which it may be necessary or desirable to
allow in a given district but which on account of their potential
influence upon neighboring uses or public facilities need to be carefully
regulated with respect to location or operation for the protection
of the community. Such uses are classified in this chapter as "conditional
uses" and fall into two categories:
(1)
Uses either municipally operated or operated by publicly regulated
utilities, or uses traditionally affected by public interest.
(2)
Uses entirely private in character which, on account of their peculiar
locational needs, the nature of the service they offer to the public,
and their possible damaging influence on the neighborhood may have
to be established in a district or districts in which they cannot
reasonably be allowed as an unrestricted permitted use under the zoning
regulations.
B.
Initiation. Conditional uses may be proposed by the City Clerk, Plan
Commission, and by any person, firm, or corporation having a freehold
interest, a possessory interest entitled to exclusive possession,
a contractual interest which may become a freehold interest, an option
to purchase, or any exclusive possessory interest which is specifically
enforceable on the land which is described in the application for
a conditional use.
C.
Processing.
(1)
An application for a conditional use shall be filed with the City
Clerk and thereafter entered into the records of the first meeting
thereafter of the City Council.
(2)
A copy of such application shall thereafter be forwarded by the City
Clerk to the Plan Commission with a request to hold a public hearing
and submit to the City Council a report of its findings and recommendations.
Such public hearing shall be held upon such notice as shall be required
by Illinois Statutes.
D.
Decisions.
(1)
The City Council, upon report of the Plan Commission and without
further public hearing, may grant, grant with conditions or deny any
proposed conditional use in accordance with applicable Illinois Statutes,
or may refer it back to the Plan Commission for further consideration.[1]
(2)
In case a written protest against any proposed conditional use signed
and acknowledged by owners of 20% of the frontage proposed to be altered,
or by the owners of 20% of the frontage immediately adjoining or across
the alley therefrom, or by owners of 20% of the frontage directly
opposite the frontage to be altered is filed with the City Clerk,
the conditional use cannot be passed except on the favorable vote
of 2/3 of all members of the City Council.
E.
Conditional use public hearings before the Plan Commission for R-1
Single-Family Detached Residence District and R-2 Single-Family Detached
Residence District regulations for home occupations.
(1)
Conditional
use public hearings before the Plan Commission for R-1 Single-Family
Detached Residence District and R-2 Single-Family Detached Residence
District regulations for home occupations need not be met if the following
occurs:
(a)
The property owner requesting a home occupation in an R-1 or R-2
District may request the Building Inspector of the City of Mendota
to permit said usage if said property owner has secured the written
consent of all adjoining property owners that could be adversely affected
by said usage.
(b)
The Building Inspector shall make a visual inspection of the premises
to determine if any property owners are adversely affected by the
usage.
(c)
The property owner shall submit to the Building Inspector a signed,
written consent of all affected property owners adjacent to said property
authorizing and consenting to the usage.
(d)
If the Building Inspector determines that no one would be adversely
affected, he may grant the property owner's request, which shall be
submitted to the City Council at its next regular meeting for approval.
(2)
The
above procedures shall not constitute a variance from this chapter,
but shall constitute an alternative procedure thereunder for expediting
procedures under this chapter where no property owners are adversely
affected.
Planned developments are intended to allow greater design flexibility
than is permitted by the standard district regulations. A planned
development can best adapt to the topography and other natural characteristics
of a given site and result in a more economical and stable development.
It is intended that these regulations will encourage and facilitate
development which is consistent with the spirit and intent of this
chapter, be in conformity with the general character of the City and
have a beneficial effect upon the health, safety, general welfare,
and stability of the community and its immediate environs than would
development under strict conformity with district regulations. Under
certain conditions, the permitted use in a district may be increased.
Planned developments are of such substantially different character
from other conditional uses that the following standards are established
to guard against use of the planned developments technique solely
as a means of intensifying the use of land, and to provide flexibility
that will stimulate sound and imaginative design.
A.
Procedure.
(1)
Preapplication conference. The procedure to be followed in considering applications for planned developments is similar to that for approval of plats as required by Chapter 265, Subdivision of Land, of the City Code. The approval of the planned development will constitute a variation from both the requirements of this chapter and Chapter 265. Prior to official submittal of an application for consideration of a planned development, the owner or developer shall meet with the Plan Commission for a preliminary discussion as to the scope and nature of the proposed development. Thereafter, the developer may submit to the Plan Commission a tentative sketch plan and an outline prospectus of the proposed development for further discussion purposes.
(2)
Initiation. Following the preliminary consultation with the Plan
Commission, application may be made in accordance with the procedures
set forth for conditional uses.
(3)
Preliminary proposal.
(a)
Formal application for approval of a planned development shall
first be presented in the form of a preliminary proposal and shall
be filed with the City Clerk, who, within 48 hours after receipt,
shall transmit same, including all documents relating thereto, to
the Plan Commission, and shall notify the City Council in writing
of such receipt and transmittal. A filing fee, as set from time to
time by the City Council, in the form of a certified check made payable
to the City shall accompany the application. The purpose of the preliminary
proposal is to establish a frame of reference for the City to consider
the merits of a proposed planned development as it relates to the
Comprehensive Plan and to afford a basis for determining whether or
not the City would look favorably toward a zoning of the property
to accommodate a planned development of the general nature being proposed.[1]
(b)
Five copies of the preliminary proposal shall accompany the
application. The City Clerk shall forward one copy of the application
and three copies of the preliminary plan to the Plan Commission at
least 10 days prior to the meeting at which it is to consider the
matter; one copy shall be retained by the City Clerk for filing; and
one copy shall be returned to the owner or developer. A preliminary
proposal for a planned development shall be submitted and shall comprise,
but not necessarily be limited to, the following:
[1]
A written explanation of the general character of the project
and the manner in which it is planned to take advantage of the flexibility
of these regulations.
[2]
A legal description of the property proposed to be developed.
[3]
A plan of the proposed planned development sufficient in detail
and scope to afford the Plan Commission and City Council an opportunity
to make a determination as to whether the City is favorably or unfavorably
disposed to the granting of the necessary zoning certificate for a
conditional use for a planned development. The City Council, when
approving a preliminary proposal, shall not be bound by the location
of anything shown on such a plan if, when placed on a plat of survey,
there is any conflict or difference. The plan shall indicate:
[a]
The approximate residential density proposed for
the entire project and, if the project is to be comprised of well-defined
areas of varying types of residential development, the approximate
density for each such area.
[b]
The proposed height and bulk of buildings. However,
the approval of the preliminary proposal by the City Council shall
not preclude its right to pass judgment on the specific location of
buildings when the preliminary plan is approved.
[c]
The approximate percentage of the project land
area to be covered by buildings and streets.
[d]
The approximate number of dwelling units proposed
for the project, including a breakdown of the number of one-, two-,
and three- or more bedroom units.
[e]
Traffic circulation features within and adjacent
to the project.
[f]
Areas designated for permanent open space, whether
to be dedicated to the public or to be privately maintained.
[g]
Amenities to be provided within the proposed project.
[h]
Existing zoning of the project site and adjacent
properties.
[i]
Generalized plan for utilities which will serve
the project.
(c)
Within 35 days of receipt by the Plan Commission of a preliminary
proposal, the Plan Commission shall conduct a public hearing on the
proposition of whether or not a conditional use for a planned development
should be granted for the subject property.
(d)
Within 25 days after the public hearing, the Plan Commission
shall act to recommend to the City Council that it 1) take action
indicating a favorable disposition toward zoning the subject property
for a planned development of the nature being proposed, subject to
approval of the preliminary plan for the project, or 2) reject the
proposal. In either case, the Plan Commission shall set forth the
reasons for its recommendation and may, in the event of a favorable
recommendation, specify particular items and conditions which should
be incorporated in subsequent plan submittals.
(e)
Upon receipt of the Plan Commission's recommendation, the City
Council shall act by resolution to either 1) reject the proposal,
or 2) accept the proposal. The acceptance may be contingent and, if
so, shall specifically state what additions or deletions from the
proposed development as submitted shall be made in the preliminary
plan. Any such conditions may include but are not limited to allowable
density, bulk of buildings, provisions for permanent open space and
ratios of dwelling unit types to be included in the project. The City
Council shall approve a preliminary plan which complies with the proposal
as accepted and conforms otherwise to the requirements for a preliminary
plan as hereinafter set forth. The City Council's approval shall lapse
unless, within one year from approval of the preliminary proposal,
a preliminary plan for the planned development is filed as required
in this section; provided, however, that in the absence of a preliminary
plan submittal, such one-year period may be extended for a specified
period upon written request from the owner or developer and approved
by the City Council.
(4)
Preliminary plan. Following a favorable resolution relative to a preliminary proposal, a preliminary plan of the proposed planned development shall be submitted as required by Chapter 265, Subdivision of Land. The preliminary plan shall show the following:
(a)
The items listed under Chapter 265, § 265-3A, B and C. If subdivision procedures are not involved, they shall be used as a guide in the preparation of the preliminary plan.
(b)
Site plan showing locations of buildings and other structures,
use of land, areas to be reserved as permanent open space, parking
and loading spaces and other features.
(c)
Draft of the proposed declaration of covenants and restrictions
for the planned development.
(d)
Draft of the proposed articles of incorporation of the nonprofit
corporation.
(e)
Draft of the proposed bylaws of the homeowners' association.
(5)
Final plan. The owner or developer shall submit 10 copies of the
final plan to the City Clerk, who shall distribute them in the manner
prescribed for preliminary plans.
(a)
The final plan shall be submitted to the City Clerk within one
year after approval of the preliminary plan. The final plan, covering
the whole planned development, shall retain the design characteristics
of the approved preliminary plan. If desired by the owner or developer,
the final plan may constitute only that portion of the approved preliminary
plan which he proposes to record and develop at the time, and the
preliminary plan shall then be extended for an additional year.
(b)
The final plan shall be accompanied by the following:
(6)
Approval or disapproval of final plan. The Plan Commission shall
transmit its findings and recommendations as to the final plan to
the City Council within 45 days following the receipt of final plan
by the City Clerk. The City Council shall, after receipt of the final
plan and the report of the Plan Commission, within 30 days approve
or disapprove the final plan and notify the Plan Commission and the
owner or developer of its reason.
(7)
Filing. Upon approval of the City Council, the owner or developer
shall record the subdivision plat (when required), and all declarations,
articles, and bylaws, as approved by the City Council.
(8)
Zoning District Map. Approved planned developments shall be delineated
and designated by number on the Zoning District Map. A file, available
for inspection by the public, shall be maintained by the Building
Inspector for each planned development so designated. The file shall
contain a record of the approved development plan and all use exceptions
allowed.
The Plan Commission shall have the following duties under this
chapter:
A.
To receive copies of all applications for proposed amendments and
variations and thereafter submit an opinion report thereon to the
Zoning Board of Appeals and to the City Council;
B.
To receive all applications for zoning certificates filed for conditional
uses and hold public hearings thereon; and
C.
To initiate, direct and review, from time to time, a study of the
provisions of the text and the map comprising this chapter, and to
make reports of its recommendations to the City Council not less frequently
than annually.
