The administration of this chapter is hereby vested in:
A. The Office of the Building Inspector.
B. The Zoning Board of Appeals.
[Amended by Ord. No. 07-19-04; Ord. No. 04-06-15A; Ord. No. 06-03-24A]
The City of Mendota Building and Fire Safety Department shall
enforce this chapter and in furtherance of this 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.
K. Receive all building permit applications, in addition to receiving
all building permit fees as set from time to time by the City Council.
Governmental entities shall be limited to a maximum building permit
fee of $500.
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 Official and Fire Official.
[Amended by Ord. No. 06-03-24A]
B. A certificate
of occupancy will be required whenever a business:
(2) Moves
to a different existing location.
(3) Constructs
a new facility.
(4) Undergoes
a major construction.
(5) Change
of classification or type of business.
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 §
129-22A of the Municipal Code.
[Amended by Ord. No. 06-03-24A]
D. The Fire
Official, 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.
[Amended by Ord. No. 06-03-24A]
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 or the Building Official
believes that the occupancy limit of any licensed premises has been
exceeded, the Fire Department shall be notified. The Fire Official,
or their 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.
[Amended by Ord. No. 06-03-24A]
F. The penalty
for a violation in this section shall be a fine of not less than $100
nor more than $750.
G. Fee. A
fee shall be determined by the City Council and will be revisited
from time to time and changed as necessary to cover the cost of the
inspection and issuing of the permit.
[Added by Ord. No. 06-03-24B]
[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.
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.
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.
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.
(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:
[1]
The final subdivision plat, if any.
[2]
Draft of the proposed declaration of covenants and restrictions
for the planned development.
[3]
Draft of the proposed articles of incorporation of the nonprofit
corporation.
[4]
Draft of the proposed bylaws of the home owners' association.
(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.
B. Gross density standards.
(1) In the R-1 District: not more than 4.0 dwelling units per acre.
(2) In the R-2 District: not more than 5.0 dwelling units per acre.
(3) In the R-3 District: not more than 8.0 dwelling units per acre.
(4) In the R-4 District: not more than 15.0 dwelling units per acre.
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.