City of Bloomington, IL Administrative Procedures and Enforcement

Terms. A person appointed to the Zoning Board of Appeals, Historic Preservation Commission or Planning Commission shall serve a term of three years. This term may be extended after the three years for no more than two additional three-year terms. Members of the Board shall serve no more than three consecutive three-year terms (a total of nine years). Vacancies shall be filled for the unexpired term only. Members may be recalled for cause as provided by Chapter 2, § 2-350, of the Bloomington City Code, 1960 as amended.

[Amended 10-24-2022 by Ord. No. 2022-99]

Officers.

Officers of the Zoning Board of Appeals, Historic Preservation Commission and Planning Commission shall consist of a chairperson and a vice-chairperson elected by the Board or commission, who shall each serve a term of one year and shall be eligible for reelection; but no member shall serve as chairperson for more than two consecutive years.

[Amended 10-24-2022 by Ord. No. 2022-99]

The chairperson shall preside over meetings. In the absence of the chairperson, the vice-chairperson shall perform the duties of the chairperson.

If both the chairperson and vice-chairperson are absent, a temporary chairperson shall be elected by those present.

Meetings.

A quorum shall consist of a majority of the members currently serving. All decisions or actions of the Board or commission shall be made by a majority vote of those members present and voting at any meeting where a quorum exists.

[Amended 2-27-2023 by Ord. No. 2023-19]

Meetings shall be held at regularly scheduled times established herein or at any time upon the call of the chairperson.

No member of the Board or commission shall vote on any matter that may materially or apparently affect the property, income, or business interest of that member.

The chairperson, and in his or her absence the acting chairperson, may administer oaths and compel the attendance of witnesses.

All meetings shall be conducted in accordance with the Open meetings Act, 5 Illinois Compiled Statutes 120/1, et seq.

Zoning Board of Appeals.

[Amended 10-24-2022 by Ord. No. 2022-99]

Creation. The Zoning Board of Appeals of the City of Bloomington, Illinois, which has been duly created by the City Council, is the Zoning Board of Appeals referred to in this Code.

Composition. The Zoning Board of Appeals shall consist of seven members who are residents of the City of Bloomington, Illinois, and all of whom shall be appointed by the Mayor and approved by the City Council.

Powers and duties.

To conduct administrative public hearings, make findings of fact, and recommend approval or disapproval to the City Council of applications for special uses (§ 44-1707);

To conduct administrative public hearings, make findings of fact, and decide duly initiated appeals from any administrative order, requirement, decision, or determination made by the Director of Economic and Community Development or his or her deputies or assistants in the enforcement of this Zoning Code;

[Amended 10-26-2020 by Ord. No. 2020-69]

To conduct administrative public hearings, make findings of fact and grant or deny variations in the manner provided herein;

To hear appeals of decisions made pursuant to the Sign Code relating to the denial of permits, the removal of illegal signs or the granting of variances, except when said appeal is related to construction specifications of signs, in which case said appeal shall be heard by the Construction Board of Appeals pursuant to Chapter 10 of this Code; and

To give advice to the Sign Code Administrator when requested.

To establish or amend its procedural rules as necessary to facilitate the performance of its duties;

To recommend to the City Council amendments to this Zoning Ordinance;

Meetings. Meetings shall be held on the third Wednesday of each month at 4:00 p.m. or at any time upon the call of the chairperson at such times and place as the Board may determine.

Historic Preservation Commission.

Composition. The Bloomington Historic Preservation Commission ("Preservation Commission") shall consist of seven members, all of whom shall be appointed by the Mayor and approved by the City Council. Members shall be residents of the City or owners of taxable real estate located within the corporate limits of the City and whose place of residence is located not more than five miles from said corporate limits. The Mayor shall make every reasonable effort to try to appoint persons with a demonstrated interest in the history or architecture of the City, and at least one member of the Preservation Commission should, if possible, be an Illinois registered architect, one an attorney and one a person experienced in real estate.

Powers and duties. The Preservation Commission shall have the following powers and duties:

To adopt its own procedural regulations;

To conduct surveys to identify historically and architecturally significant properties, structures, and areas that exemplify the cultural, social, economic, political, or architectural history of the United States of America, the State of Illinois, or the City of Bloomington;

To investigate and recommend to the Planning Commission and to the City Council the adoption of ordinances designating properties or structures having special historic, community or architectural values as "landmarks";

To investigate and recommend to the Planning Commission and to the City Council the adoption of ordinances designating areas as having special historic, community or architectural value as "historic districts";

To keep a register of all properties and structures that have been designated as landmarks or historic districts, including all information required for each designation;

To determine an appropriate system of markers and make recommendations for the design and implementation of specific markings of the streets and routes leading from one landmark or historic district to another;

To advise and assist owners of landmarks and property or structures within historic districts on physical and financial aspects of preservation, renovation, rehabilitation, and reuse, and on procedures for inclusion on the National Register of Historic Places;

To nominate landmarks and historic districts to the National Register of Historic Places, and to review and comment on any National Register Nominations submitted to the Preservation Commission upon request of the Mayor or City Council;

To inform and educate the citizens of the City concerning the historic and architectural heritage of the City by publishing appropriate maps, newsletters, brochures, and pamphlets, and by holding programs and seminars;

To hold public hearings and to review applications for construction, alteration, removal, or demolition affecting proposed or designated landmarks or structures within historic districts and issue or deny certificates of appropriateness for such actions;

To consider applications for certificates of economic hardship that would allow the performance of work for which a certificate of appropriateness would otherwise be denied;

To develop specific design guidelines for the alteration, construction, or removal of landmarks or property and structures within historic districts;

(m)

To review proposed zoning amendments, applications for special use permits, or applications for zoning variations that affect proposed or designated landmarks and historic districts. The Director of Economic and Community Development shall send applications for special use or zoning variations to the Preservation Commission for comment prior to the date of the hearing by the Planning Commission or Board of Zoning Appeals;

[Amended 10-26-2020 by Ord. No. 2020-69]

(n)

To administer through the City Parks and Recreation Department any property or full or partial interest in real property, including easements, that the City may have or accept as a gift or otherwise, upon authorization and approval by the City Council;

(o)

To accept and administer through the Office of the Director of Finance on behalf of the City such gifts, grants, and money as may be appropriate. Such money may be expended for publishing maps and brochures or for hiring staff persons or consultants or performing other appropriate functions for the purpose of carrying out the duties and powers of the Preservation Commission;

(p)

To call upon available City staff members as well as other experts for technical advice;

(q)

To retain such specialists or consultants with the permission of the City Council or to appoint such citizen advisory committees as may be required from time to time;

(r)

To testify before all boards and commissions, including the Planning Commission and the Board of Zoning Appeals, on any matter affecting historically and architecturally significant property, structures, and areas;

(s)

To confer recognition upon the owners of landmarks or property or structures within historic districts by means of certificates, plaques, or markers;

(t)

To develop a preservation component in the official Comprehensive Plan and to recommend it to the Planning Commission and to the City Council;

(u)

To periodically review the Bloomington Zoning Code and to recommend to the Planning Commission and the City Council any amendments appropriate for the protection and continued use of landmarks or property and structures within historic districts; and

(v)

To undertake any other action or activity necessary or appropriate to the implementation of its powers and duties or to implementation of the purpose of this Code.

Surveys and research. The Preservation Commission may undertake survey and research efforts in the City to identify neighborhoods, areas, sites, structures, and objects that have historic, community, architectural, or aesthetic importance, interest, or value. As part of a survey, the Preservation Commission may review and evaluate any prior surveys and studies by any unit of government or private organization and compile appropriate descriptions, facts, and photographs. Before the Preservation Commission may on its own initiative nominate any landmark for designation, it shall first develop a plan and schedule for landmarks and adopt procedures to nominate them in groups based upon the following criteria:

The potential landmarks in one identifiable neighborhood or distinct geographical area of the City;

The potential landmarks associated with a particular person, event, or historical period;

The potential landmarks of a particular architectural style or school, or of a particular architect, engineer, builder, designer, or craftsman;

Such other criteria as may be adopted by the Preservation Commission to assure systematic survey and nomination of potential landmarks within the City.

Meetings.

Meetings shall be held on the third Thursday of each month at 5:00 p.m. or at any time upon the call of the chairperson at such times and place as the Commission may determine.

No action shall be taken by the Preservation Commission that could in any manner deprive or restrict the owner of a property in its use, modification, maintenance, disposition, or demolition until such owner shall first have had the opportunity to be heard at a public meeting of the Preservation Commission, as provided herein.

Planning Commission.

Creation. The Planning Commission of the City of Bloomington, Illinois, which has been duly created by the City Council is the Planning Commission referred to in this Code.

Composition. The Planning Commission shall consist of 10 members who are residents of the City of Bloomington, Illinois, and all of whom shall be appointed by the Mayor and approved by the City Council.

Powers and duties.

To conduct public hearings and submit reports and recommendations to the City Council on applications or proposals to amend the boundaries of the zoning districts created by this Code;

[Amended 2-27-2023 by Ord. No. 2023-19]

To conduct public hearings and submit reports and recommendations to the City Council on proposed amendments to the regulations imposed by this Code, that is, zoning text amendments;

To conduct public hearings and recommend approval or disapproval of preliminary plans for subdivisions and, if directed by the City Council, to report on final subdivision plats in the manner provided in Chapter 24 of the Bloomington City Code, 1960, as heretofore or hereafter amended;

To conduct public hearings and recommend approval or disapproval of preliminary development plans for planned unit developments and, if directed by the City Council, to report on final development plans in the manner provided in Article XV of this Zoning Ordinance and Chapter 24 of the Bloomington City Code, 1960, as heretofore or hereafter amended;

When required by this Code or the City Council to conduct public hearings and recommend approval or disapproval of site plans as required by provisions of this Code;

To recommend to the City Council amendments to this Zoning Code and Chapter 24 of the Bloomington City Code, 1960, as amended;

To carry out and perform such additional duties as are assigned to them by the City Council.

Meetings. Meetings shall be held on the first Wednesday of each month at 4:00 p.m. or at any time upon the call of the chairperson at such times and place as the Commission may determine.

[Amended 12-6-2021 by Ord. No. 2021-89]

§ 44-1703 [Ch. 44, 17-3] General application requirements.

Forms. Applications for the procedures established under this section shall be submitted on application forms and in such numbers as required by the applicable review official or review body. The application form for each development review procedure shall establish the minimum information required for that procedure.

Proof of ownership or sufficient proprietary interest. All applications required under this section shall include proof of ownership satisfactory to the applicable review official or decision-making body. Such proof may include a preliminary title report from a licensed title company or attorney listing the name of the property owner(s) and all liens, easements and judgments of record affecting the subject property.

Where the owner is not the applicant, the applicable review official shall require an applicant to present evidence that the applicant is a duly authorized agent of the owner or has sufficient proprietary interest, such as a contract to purchase.

Property owner endorsement. All applications shall include the name and signature of the current property owner(s) of all property within the boundaries; or

Filing fees.

All applications shall be accompanied by the associated filing fee as set forth in Chapter 1, § 1-125, "Schedule of Fees" and shall be filed with the Economic and Community Development Department.

[Amended 10-26-2020 by Ord. No. 2020-69]

Each application shall be accompanied by payment to cover the cost of publication, posting, and hearings. Each application shall also be accompanied by a payment to cover the cost of publishing any public notices and recording any required documents.

[Amended 10-24-2022 by Ord. No. 2022-99; 2-27-2023 by Ord. No. 2023-19]

Filing fees are not refundable except where an application was accepted in error or the fee paid exceeded the amount due. Fees may be refunded or partially refunded, where applications are withdrawn prior to publication of any notices. Under no condition shall said sum or any part thereof be refunded for failure of said application to be approved. No fee shall be required from any governmental or public agency.

§ 44-1704 [Ch. 44, 17-4] Application processing.

Completeness review. An application shall not be considered by any decision-making body unless such application is complete, as described herein.

A determination of application completeness shall be made by the review official within seven days of application filing.

An application is considered complete only if it is provided in the required form, includes all mandatory information as may be required by the review official, and is accompanied by the applicable fee.

If an application is determined to be incomplete, the review official shall contact the applicant in writing to explain the application's deficiencies. No further processing of the application shall occur until the deficiencies are corrected.

If the deficiencies of an incomplete application are not corrected by the applicant within 30 days, the application shall be considered withdrawn and returned to the applicant.

All applications must be deemed complete at least 21 days prior to a meeting or public hearing, unless otherwise allowed by the review official.

Referrals. The review official may forward complete applications submitted under this article to such other public officials and agencies as required by law or as deemed appropriate for further review.

Staff reports. The Director of Economic and Community Development shall submit a written report containing a summary of the land use application, its compliance with the Zoning Ordinance, Comprehensive Plan, and/or any other relevant official document, and recommendations on the basis thereof, at least seven days prior to the meeting or hearing of the review- and/or decision-making body before which the application is to be heard.

[Amended 10-26-2020 by Ord. No. 2020-69]

Concurrent applications.

If approved by the Director of Economic and Community Development, applications for development approvals may be filed and reviewed concurrently; provided, however:

[Amended 10-26-2020 by Ord. No. 2020-69]

Any application that also requires a legislative decision shall not be eligible for final approval until the legislative decision has been approved; and

No site plan or special use shall be approved before any necessary rezoning is approved.

Applications submitted concurrently are subject to approval of all other related applications; denial or disapproval of any concurrently submitted application shall stop consideration of any related applications until the denied or disapproved application is resolved.

Successive applications. A successive application for an application that has been denied shall not be reviewed or heard within one year after the date of denial, except if the Director of Economic and Community Development determines that substantial new information has become known since the denial. A successive application filed within one year of the date of denial shall include detailed information that justifies its consideration.

[Amended 10-26-2020 by Ord. No. 2020-69]

§ 44-1705 [Ch. 44, 17-5] Notice and public hearings.

Required legal notice. After an application has been certified complete as required by § 44-1704, the applicable review or decision-making body shall fix a reasonable time for the required hearing of the application or appeal. Notice of the time and place of a hearing shall be given in accordance with the laws of the State of Illinois.

[Amended 8-24-2020 by Ord. No. 2020-55; 2-27-2023 by Ord. No. 2023-19]

The Zoning Administrator or designee shall publish notice of the hearing in a newspaper of general circulation in the City of Bloomington at least 15 days, but no more than 30 days before the date of the public hearing.

If the name of the occupant is not known, the term "occupant" may be used in making notification under this subsection. The notice shall include all of the following:

The name and address of the applicant and property owner;

The common address or location of the subject property;

A description of the nature and purpose of the requested action;

The location, date and time of the public hearing or meeting; and

The office address and telephone number of the City office where information concerning the application may be obtained.

Courtesy notice. In addition to any required legal notice as provided herein, courtesy notice may be given at the direction of the Director of Economic and Community Development.

[Amended 8-24-2020 by Ord. No. 2020-55; 10-26-2020 by Ord. No. 2020-69]

Notice shall also be sent by mail or personal delivery to the property owner as shown on the records of the Local Tax Assessor's Office of record of all parcels, lying in whole or in part within 500 feet, inclusive of public right-of-way, of the property lines of the property for which the action is requested before the date of the public hearing.

By posting the property affected with a sign indicating that zoning action affecting the property is pending and that additional information may be obtained from the Director of Economic and Community Development. Distribution of courtesy notice shall not constitute a precedent for future notice on the subject application or on any future application.

Public hearing procedures.

[Amended 2-27-2023 by Ord. No. 2023-19]

Parties. The applicant, the City and persons filing a written entry of appearance may all be parties to a public hearing;

Testimony. Any person may appear and testify at a public hearing, either in person or by a duly authorized agent or attorney;

Oaths or affirmation. The chairperson or in his or her absence, the acting chairperson, may administer oaths or affirmations;

Compelling the attendance of witnesses. The chairperson or in his or her absence, the acting chairperson, may compel the attendance of witnesses by mailing to such persons a notice compelling attendance, not less than five calendar days before the public hearing. Failure of a person to appear in response to such a notice shall constitute a violation of this Code.

Hearing procedures. All public hearings shall be conducted in a manner that provides for both substantive and procedural due process. In order that the Board or commission may efficiently transact the business before it and provide an opportunity for all interested parties to be heard, the following rules and procedures shall be followed:

The chairperson shall provide a short description of the application, the relief requested, and the procedures governing the public hearing;

The secretary or City staff shall report whether notice of the public hearing was given as required by this Code;

City staff shall summarize basic facts and relief requested in the application, and may provide a recommendation to the Board or commission;

The chairperson shall invite persons at the public hearing to speak in favor of the application;

The chairperson shall invite persons at the public hearing to speak against the application;

The chairperson shall open the floor for cross-examination by those interested parties who request the right to cross-examination. Questions must be relevant, as determined by the chairperson, to the application before the Board or commission;

The chairperson shall allow the applicant reasonable time to respond, to the public testimony, evidence, and comments presented;

The chairperson shall close the public hearing and allow time for members of the Board or commission to discuss the application. The Board or commission shall make findings, applying the standards and factors set forth in this Code;

At the end of such discussion the chairperson shall invite a motion of approval. After the motion of approval is seconded, those members who are in favor of approving the application shall vote "Yes," those in favor of denying the application shall vote "No," and those wishing to abstain from voting on the application shall vote "Present." Board members shall cast their votes on roll call by the Secretary or City staff;

The chairperson shall then review the decision of the Board or commission and discuss the procedures to be followed for the benefit of the applicant.

Record keeping:

[Amended 10-26-2020 by Ord. No. 2020-69; 2-27-2023 by Ord. No. 2023-19]

The Board or commission shall make a sound recording of all public hearings and shall retain such recording for not less than six months following the closing of the hearing;

Verbatim transcripts. In the event that any party desires a verbatim transcript of the public hearing, a written request therefor shall be filed with the chairperson not less than three weeks before the hearing date. Any party desiring a transcript of the proceedings shall pay any transcription or copying costs;

Decisions and orders. The Board or commission shall retain in the Office of the Economic and Community Development Department a copy of every ruling, decision, recommendation and/or determination.

Notification of decision. Copies of findings of fact and decisions or recommendations of the Board or commission shall be served by mailing a copy thereof to all parties within five business days of such decision.

Legislative public hearings. The public hearing rules for public hearings on purely legislative matters may be less formal, although shall still comply with the requirements of substantive and procedural due process.

[Added 2-27-2023 by Ord. No. 2023-19]

(9)

Procedural rules. The board or commission may adopt rules of procedures not inconsistent with this section.[1]

[Added 2-27-2023 by Ord. No. 2023-19]

[1]

Editor's Note: Former Subsection D, Legislative hearing procedure, amended 10-26-2020 by Ord. No. 2020-69, which followed this subsection, was repealed 2-27-2023 by Ord. No. 2023-19.

§ 44-1706 [Ch. 44, 17-6] Zoning Map (rezoning) and text amendments.

Purpose. Recognizing that conditions may change subsequent to the adoption of the City's Zoning Map and Zoning Ordinance, and/or that amendments may be necessary to clarify or correct the zoning regulations, the amendment process is hereby established. For this purpose and for the purpose of promoting the public health, safety, morals, comfort and general welfare, conserving the value of property throughout the City and lessening and avoiding congestion of the public streets and highways, City Council may, from time to time, in the manner hereinafter set forth, amend the regulations imposed in this Code and the districts provided hereby, provided that in all amendments adopted under the authority of this section, due allowance shall be given for the existing condition, the conservation of property values, the direction of building development to the best advantages of the entire City and the use to which the property is devoted at the time of adoption of such amendment.

Initiation of amendment. Amendments to the Zoning Map may be proposed by the City Council (by motion or resolution), property owners or parties to a valid and enforceable purchase option contract for the subject property. Amendments to the Zoning Ordinance, that is, zoning text amendments, may be proposed by City Council (by motion or resolution). Text amendments may also be proposed by City staff, or by motion of the Zoning Board of Appeals or Planning Commission.

[Amended 2-27-2023 by Ord. No. 2023-19]

Application.

[Amended 10-26-2020 by Ord. No. 2020-69]

An application for a map or text amendment shall be submitted on the form provided by the Office of the Economic and Community Development Department.

[Amended 2-27-2023 by Ord. No. 2023-19]

Applications shall conform to the requirements of § 44-1703. In addition to the minimum requirements of the application, the Director of Economic and Community Development may request additional information necessary to facilitate a review of the application.

Action by Director of Economic and Community Development. Upon submission of a complete application, the Director of Economic and Community Development shall review the application for compliance with § 44-1703 of this article and other applicable requirements and prepare a written report.

[Amended 10-26-2020 by Ord. No. 2020-69]

Action by Planning Commission.

[Amended 2-27-2023 by Ord. No. 2023-19]

Hearing. The Planning Commission shall give notice and hold a public hearing on each application for a Zoning Map or zoning text amendment.

Recommendation. At the close of the public hearing, the Planning Commission shall make findings of fact and prepare a recommendation to the City Council. In making its recommendation, the Planning Commission shall be guided by those purposes, standards, and objectives of this Code and shall not recommend the adoption of any amendment unless it finds that such amendment is in the public interest and not solely for the benefit of the applicant. In making such a finding, the Commission may consider:

For map amendments:

[1]

The suitability of the subject property for uses authorized by the existing zoning;

[2]

The length of time the property has remained vacant as zoned considered in the context of land development in the area;

[3]

The suitability of the subject property for uses authorized by the proposed zoning;

[4]

The existing land uses and zoning of nearby property;

[5]

Relative gain or hardship to the public as contrasted and compared to the hardship or gain of the individual property owner resulting from the approval or denial of the zoning amendment application;

[6]

The extent to which adequate streets are connected to the arterial street system and are available or can be reasonably supplied to serve the uses permitted in the proposed zoning classification;

[7]

The extent to which the proposed amendment is inconsistent with the need to minimize flood damage and that the development of the subject property for the uses permitted in the proposed zoning classification will not have a substantial detrimental effect on the drainage patterns in the area;

[8]

The extent to which adequate services (including but not limited to fire and police protection, schools, water supply, and sewage disposal facilities) are available or can be reasonably supplied to serve the uses permitted in the proposed zoning classification;

[9]

The extent to which property values are diminished by the restrictions of the proposed zoning;

[10]

Whether a Comprehensive Plan for land use and development exists, and whether the amendment is in harmony with it;

[11]

Whether the City needs more of the types of uses allowed in the proposed district.

For text amendments.

[1]

The extent to which the proposed amendment is consistent with the public interest, giving due consideration for the purpose and intent of this code as set forth in § 44-1701 herein;

[2]

The extent to which property values are diminished by the proposed particular zoning restriction;

[3]

The extent to which the destruction of property values promotes the health, safety, morals, or general welfare of the public;

[4]

Whether a Comprehensive Plan for land use and development exists, and whether the amendment is in harmony with it;

[5]

Whether the City needs the additional types of uses or development allowed by the proposed amendment.

Action by the City Council.

The City Council upon receiving the report and recommendation of the Planning Commission, as an exercise of the legislative discretion vested in the corporate authority of the City of Bloomington, Illinois, may grant or deny the proposal.

If an application for a proposed amendment is not acted upon finally by the City Council within three months of the date upon which such application is received by the City Council, it shall be deemed to have been denied unless extended by agreement of the applicant and the City Council.

In case a written protest against any proposed amendment of the zoning districts created under this Code, signed and acknowledged by owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered or by the owners of 20% of the immediately adjoining or across the alley therefrom is filed with the Economic and Community Development Department, the amendment cannot be passed except on the favorable vote of 2/3 of the Aldermen of the City then holding office.

[Amended 10-26-2020 by Ord. No. 2020-69; 2-27-2023 by Ord. No. 2023-19]

No application for a map amendment which has been denied wholly or in part by the City Council shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the City Council.

§ 44-1707 [Ch. 44, 17-7] Special uses.

Purpose. The development and execution of this Code is based upon the division of the City into districts, within which districts 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, by their very nature and their unique characteristics cannot be permitted in a particular district or districts without special consideration being given to the characteristics of surrounding property, as well as the site itself and the impact such a use would have on adjoining or nearby property. The purpose of this section is to specify standards that shall be required to be met before the issuance of a special use permit. In addition to the underlying zoning district regulations and the general standards applicable to all special use requests, each special use shall meet any applicable specific standards set forth for that use and any conditions imposed by the City Council in the ordinance granting the special use permit. Special uses fall into two categories:

Uses publicly operated or traditionally serving a public interest;

Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

Existing special uses. Where a building or structure and the use thereof, or the use of land lawfully exists on the effective date of this Code, including amendments thereafter as an allowable special use in the zoning district in which it is located, the existing building or structure and its use thereof, or the use of land where no building, or structure is involved, comprising such a special use shall be considered a lawful existing special use.

Initiation of application. The City Council or the City Manager at the direction of the City Council or any person having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, or an exclusive possessory interest, and which is specifically enforceable, may file an application to use such land for one or more of the special uses provided for in this Code in the zoning district in which the land is located.

Application requirements.

An application for a special use permit shall be submitted on the form provided by the Office of the Economic and Community Development Department.

[Amended 10-26-2020 by Ord. No. 2020-69]

The application shall include a statement describing the nature of the proposed use and a full-size, legible site plan.

Applications shall conform to the requirements of § 44-1703. The information requested on the application is deemed to be a minimum, and the applicant may be required to supply additional information prior to the public hearing on their requests.

The site plan shall provide the following information on one or more sheets:

Location by Section, Town and Range or other legal description;

Names and addresses of the persons having proprietary interest over the property;

Graphic (engineering) scale;

North-points;

Date of preparation;

The boundary lines of the property in question;

Location of all survey monuments and their descriptions;

Proposed location, width, and type of surface material of all proposed sidewalks, pedestrian ways, driveways, parking areas, service areas, and recreation areas;

Size, location, height, number of stories, building design, and arrangement of proposed buildings and structures and existing buildings and structures;

Size and location of proposed parking areas with arrangement of bays and aisles and curb cuts, and with indication of the total number of spaces;

Size, location, and composition of all proposed fencing, refuse enclosures and landscaped screening material;

Landscaping plan indicating size, location, and general characteristics of plant materials as specified in Article XIII of this Zoning Ordinance.

Action by Director of Economic and Community Development. Upon submission of a complete application, the Director of Economic and Community Development shall review the application for compliance with Subsection H of this section and other applicable requirements and prepare a written report.

[Amended 10-26-2020 by Ord. No. 2020-69]

Action by Zoning Board of Appeals.

[Amended 10-24-2022 by Ord. No. 2022-99]

Hearing. Upon receipt in proper form of the application and supporting material referred to above, the Zoning Board of Appeals shall hold a least one public hearing on the proposed Special Use in the manner provided in § 44-1705. If any variations to the regulations of this code would otherwise be necessary for the development proposal, such review procedure shall be deemed to occur simultaneously with the Zoning Board of Appeals' public hearing and recommendation on the special use permit application.

[Amended 2-27-2023 by Ord. No. 2023-19]

Recommendation. For each special use application, the Zoning Board of Appeals shall report to the Council its findings of fact and recommendations, including the stipulations of additional conditions and guarantees, when they are deemed necessary for the protection of the public interest or to meet the standards as specified herein.

Action by the City Council. The City Council shall either deny the application or shall grant the special use permit, with or without modifications or conditions.

Standards of approval. No special use application shall be recommended by the Zoning Board of Appeals or approved by the City Council unless all of the following factors are found:

[Amended 10-24-2022 by Ord. No. 2022-99]

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

That the special 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 and impair property values within the neighborhood;

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

That adequate utilities, access roads, drainage and/or necessary facilities have been or will be provided;

That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and

That the special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may be modified by the Council pursuant to the recommendations of the Board of Zoning Appeals.

Conditions and guarantees. Prior to the granting of any special use application, the Zoning Board of Appeals may recommend, and the Council may require, such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified herein. The Council may require such evidence and guarantees as it may deem necessary as proof of compliance with the conditions of approval.

[Amended 10-24-2022 by Ord. No. 2022-99]

Expiration and revocation of special use permits and existing special use. The revocation or expiration of a special use permit issued pursuant to this Code or of an existing special use shall cause the use to become an illegal use for the property in question and shall be subject to the enforcement procedures under this Code.

[Amended 8-24-2020 by Ord. No. 2020-55]

Revocation of special use permits. In any case where a special use has not been physically undertaken within one year after the date of granting thereof, or if conditions or guarantees remain unmet for a period of one year following a prescribed date of completion, then without further action by the Council, the special use or authorization thereof shall null and void.

[Amended 2-27-2023 by Ord. No. 2023-19]

Change of use. In any case where a special use permit has been granted or where existing special use status has been granted, and the special use has been established, a change in use, from the approved or authorized special use to another use, shall cause the special use permit or existing special use status authorized by this Code to expire.

[Amended 8-24-2020 by Ord. No. 2020-55]

Discontinuance of special use. When a special use or an existing special use is discontinued for six consecutive months, or for 18 months during a three-year period, the special use permit or existing special use status shall expire.

Destruction of structure. The removal or destruction of a structure containing a Special Use shall cause the special use permit or the existing special use status to expire. Destruction, for the purpose of this subsection, is defined as damage to an extent of more than 50% of its fair market value prior to the time of destruction.

Expansion of use. Expansion of the special use beyond the level of activity stated in the special use permit or beyond the level of activity of the existing special use shall cause the special use permit or such existing special use status to be revoked.

§ 44-1708 [Ch. 44, 17-8] Variations.

Applicability.

[Amended 10-24-2022 by Ord. No. 2022-99]

The Zoning Board of Appeals shall have the power to authorize, upon application, variations to this Code-except where in conflict with other provisions of this section, and to allow the enlargement and structural alterations of nonconforming structures. Such variations shall only be granted when the variation would be in harmony with this Code's general purpose and intent.

The Zoning Board of Appeals may grant variations only in specific instances where there would be practical difficulties or particular hardships in carrying out the strict letter of those sections of this Code stated herein.

The Zoning Board of Appeals may grant variances from the provisions or requirements of the Sign Code only where the Standards for Variations (§ 44-1708F) are met.

Any and all variations to this Code granted by the Zoning Board of Appeals prior to January 9, 1996 are hereby authorized and validated.

Under no circumstances shall the Zoning Board of Appeals grant a variation to allow a use of land not permissible under the terms of the Code in the zoning district involved or any use of land expressly or by implication prohibited by the terms of this Code in said zoning district.

Initiation of application. An application for a variation may be made by any person, firm or corporation, or by any office, department, board, bureau or Commission requesting or intending to request application for a building permit or by the City Council or the City staff at the direction of the City Council.

Application requirements.

An application for a variation shall be submitted on the form provided by the Office of the Economic and Community Development Department. The application shall specify the grounds for the variation.

[Amended 10-26-2020 by Ord. No. 2020-69]

Before the application is filed, a pre-application review by the Economic and Community Development Department is required.

[Amended 10-26-2020 by Ord. No. 2020-69]

Applications shall conform to the requirements of § 44-1703. The information requested on the application is deemed to be a minimum, and applicants may be required to supply additional information prior to the public hearing on their requests.

Action by Director of Economic and Community Development. Upon submission of a complete application, the Director of Economic and Community Development shall review the application for compliance with Subsection G of this section and other applicable requirements and prepare a written report.

[Amended 10-26-2020 by Ord. No. 2020-69]

Action by Zoning Board of Appeals. Upon receipt in proper form of the application and supporting material referred to above, the Zoning Board of Appeals shall hold a least one administrative public hearing on the proposed variation in the manner provided in § 44-1705.

[Amended 10-24-2022 by Ord. No. 2022-99]

Standards for variations. A variation from the terms of this Code shall not be granted by the Zoning Board of Appeals unless and until findings of fact are submitted demonstrating all the following factors are met:

[Amended 10-24-2022 by Ord. No. 2022-99]

That the property has physical characteristics that pose unreasonable challenges which make strict adherence to the Code difficult; and

That the variance would be the minimum action necessary to afford relief to the applicant; and

That the special conditions and circumstances were not created by any action of the applicant; and

That granting the variation requested will not give the applicant any special privilege that is denied to others by the Code; and

That the granting of the variation will not be detrimental to the public welfare, alter the essential character of the neighborhood, nor unreasonable impair the use or development of adjoining properties.

Approval. An affirmative vote of four members is required to approve the variance.

Conditions of approval. The Zoning Board of Appeals may impose such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards established in this section, to reduce or minimize the effect of such variation upon other property in the neighborhood, and to better carry out the general intent of this ordinance.

Decisions. All decisions of the Zoning Board of Appeals on variations initiated hereunder shall be final and reviewable only in the Court in accordance with the applicable Statutes of the State of Illinois. (735 ILCS 5/3-101, et seq.) However, the aggrieved party may appeal to the City Council if a variation is rejected by the vote of less than five members of the Zoning Board of Appeals; the Director of Economic and Community Development may appeal to the City Council if he or she believes the Board's decision allowing the variations violate the intent of this Code. To receive consideration by the City Council the aggrieved party or the Director of Economic and Community Development must file with the City Clerk a "Notice of Appeal" which shall be substantially in one of the following forms:

[Amended 10-26-2020 by Ord. No. 2020-69; 10-24-2022 by Ord. No. 2022-99]

Notice of Appeal

I, the undersigned, have requested and made application for a variation. Less than five members of the Zoning Board of Appeals concurred in the action which rejected may application.

I, therefore, request that the City Council review the record of the administrative hearing conducted by the Zoning Board of Appeals and make a final administrative determination thereon.

(Signature)__________

Notice of Appeal

The City of Bloomington, McLean County, Illinois, a Municipal Corporation, requests that the City Council review the record of the Zoning Board of Appeals' administrative public hearing and make a final administrative determination thereon. This request is based on my belief that the decision made by the Zoning Board of Appeals granting the variation is invalid.

(Signature)__________

No application for variation which has been denied wholly or in part by the Zoning Board ofAppeals or Council shall be submitted for a period of one year from the date of said order of denial except on grounds of new evidence or proof of change of conditions found to be valid by the Zoning Board of Appeals.

[Amended 10-24-2022 by Ord. No. 2022-99]

Expiration. No order granting a variation shall be valid for a period longer than one year from the effective date of such order, unless a building permit for the building or structure for which such variation was granted is obtained from the Director of Economic and Community Development within such one-year period and unless construction of such building or structure is started and completed in accordance with the terms of such permit. No order granting a temporary use variation shall be valid for a period longer than one year from the effective date of such order.

[Amended 10-26-2020 by Ord. No. 2020-69]

§ 44-1709 [Ch. 44, 17-9] Site plan review.

Purpose. It is the intent of the Site Plan Review procedure to facilitate the creative and coherent development of the community through the review of specific and detailed plans for parcels of land to stimulate creative approaches to commercial development of land, to provide more efficient use of land, to develop new approaches to the living environment through variety in type, design, and layout of buildings, transportation systems, and public facilities, to unify building and structures through design, to promote long term planning pursuant to the Bloomington Comprehensive Plan as adopted in 2015 and amended from time to time, and to find creative solutions to stormwater and sustainability related issues.

Initiation of site plan review. An application for a site plan review may be made by any person, firm, or corporation, or by any office, department, board, bureau, or Commission requesting or intending to request application for a building permit or by the City Council or the City staff at the direction of the City Council.

Application requirements.

An application for a site plan review shall be submitted on the form provided by the Office of the Economic and Community Development Department.

[Amended 10-26-2020 by Ord. No. 2020-69]

The site plan shall provide the following information on one or more sheets:

Location by Section, Town and Range or other legal description;

Names and addresses of the persons having proprietary interest over the property;

Graphic (engineering) scale;

North-points;

Date of preparation;

The boundary lines of the property in question;

Size, location, height, number of stories, building design, and arrangement of proposed buildings and structures and existing buildings and structures;

Schematic drawings illustrating the locations and dimensions of proposed buildings and structures, the design and character of the building, elevations, exterior building materials and types of construction of all proposed buildings and structures;

A scaled site plan showing the existing buildings and land uses, contiguous land uses, natural topographic features, zoning districts, public thoroughfares, transportation, and utilities.

A scaled site plan of the proposed development showing lot area, the required yards and setbacks, contour lines, common space, and the location, floor area ratio, lot area coverage and heights of buildings and structures, size, and location of proposed parking areas with arrangement of bays and aisles and curb cuts, and with indication of the total number of spaces;

Schematic drawings illustrating the design and character of the building elevations, types of construction, and floor plans of all proposed buildings and structures. The drawings shall also include a schedule showing the number, type, and floor area of all uses or combinations of uses, and the floor area of the entire development.

Size, location, and composition of all proposed fencing, refuse enclosures, and landscaped screening material;

(m)

Landscaping plan indicating size, location, and general characteristics of plant materials as specified in Article XIII of this Zoning Ordinance if the project would result in new landscaping or landscape changes.

(n)

A site drainage plan for the proposed project if required.

(o)

A photometric/lighting plan for the proposed project if the project would result in new exterior lighting or changes to exterior lighting.

Concurrent applications. Land uses proposed to be included in a development requiring a public hearing site plan review which would otherwise be allowed by special use permit only are exempted from the public hearing normally required for such special use permit applications and the Planning Commission shall consider the standards for granting a special use and make a recommendation to the City Council on the granting of such site plan approval and special use at the public hearing.

[Amended 2-27-2023 by Ord. No. 2023-19]

Public hearing for site plan review. Applications for site plan review required pursuant to § 44-505 that require a public hearing.

[Amended 8-24-2020 by Ord. No. 2020-55; 10-26-2020 by Ord. No. 2020-69; 2-27-2023 by Ord. No. 2023-19]

Procedure. Public hearings shall be conducted in accordance with § 44-1705 of this Code.

Recommendation and decision on site plan. In making its recommendation, the City staff, the Planning Commission and, in making its legislative determination, the City Council shall be guided by those purposes for which this Code was adopted and shall endeavor to accomplish those standards and objectives for which this Code is designed and may consider:

The extent to which potential incompatibilities between the proposed development and surrounding existing development and/or zoning is minimized by such design features as placement of buildings, parking areas, access driveways and existing or proposed topography.

The extent to which the proposal minimizes any adverse impact of the development upon adjoining land.

The extent to which adequately improved streets connected to the improved arterial street system are available or can be reasonably supplied to serve the uses proposed in the development.

The extent to which the proposed development will favorably or adversely affect other persons or property and, if so, whether because of circumstances peculiar to the location the effect is likely to be greater than is ordinarily associated with the development of the type proposed.

General conditions.

Approval of a site plan by the City Council is required before a building permit is issued. Construction and use of the premises must be in accordance with the approved site plan and no occupancy permit shall be issued for any building or structure that is not in conformance with an approved site plan.

Minor changes to an approved site plan are those that do not change the intent or character of development or modify the conditions of approval. Examples of minor changes are slight adjustments to the location, siting, and height of structures, the location of parking stalls and loading areas, and the location and species of landscaping. Minor changes may be authorized by the Director of Economic and Community Development pursuant to the administrative procedures in § 44-1709F.

All other changes to an approved site plan shall be made by the City Council. The Council may require the Planning Commission to conduct an additional legislative public hearing and submit a recommendation on such proposed changes or deviations.

Administrative site plan review. The Director of Economic and Community Development shall be authorized to conduct site plan review for off-street parking and loading facilities or landscaping as required pursuant to Articles XII and XIII, and any site plan reviews that do not require a public hearing.

[Amended 10-26-2020 by Ord. No. 2020-69; 2-27-2023 by Ord. No. 2023-19]

The Director may refer any application to the Planning Commission and City Council pursuant to legislative public hearing procedures.

In approving a site plan, the Director of Economic and Community Development shall consider the following:

Consistency with the intent and purpose of this Code and the Comprehensive Plan;

The quality of site design and appropriateness of development intensity;

Adequacy and location of parking areas and pedestrian and vehicular access points;

Compliance with requirements for easements or dedications;

Compliance with any applicable subdivision improvements; and

If applicable, compliance with any development conditions.

The Director's decision on administrative site plan review may be appealed pursuant to the provisions of § 44-1712.

Exemptions. The following construction activities shall be exempt from site plan review:

Construction of improvements inside buildings;

Construction of accessory buildings or structures;

Previously approved site plans showing future additions; and

Construction of telecommunication tower facilities.

§ 44-1710 [Ch. 44, 17-10] Certificate of appropriateness.

Applicability.

A certificate of appropriateness shall be required before the following actions affecting the exterior architectural appearance of any landmark or property within a historic district may be undertaken:

Any construction, alteration, or removal requiring a building permit from the City;

Any demolition in whole or in part requiring a permit from the City;

Any construction, alteration, demolition, or removal affecting a significant exterior architectural feature as specified in a historic resource survey or in the ordinance designating the landmark or historic district.

Actions that do not alter the exterior architectural appearance of a landmark or property within a historic district, regardless of whether such actions require a building or demolition permit, are exempt from the requirement for a certificate of appropriateness.

Initiation of application. An application for a certificate of appropriateness may be made by any person, firm, or corporation, or by any office, department, board, bureau or Commission requesting or intending to request application for a building or demolition permit or by the City Council or the City staff at the direction of the City Council.

Application requirements.

The application for a certificate of appropriateness shall be submitted on a form provided by the Office of the Economic and Community Development Department.

[Amended 10-26-2020 by Ord. No. 2020-69]

The following information shall be provided on one more sheets.

Street address of the property involved.

Applicant and/or owner's name and address.

Architect's name if one is utilized.

Brief description of the present improvements situated on the property and photographs of existing conditions.

A detailed description of the construction, alteration or demolition proposed, together with any architectural drawings or sketches if those services have been utilized by the applicant and, if not, a description of the construction, alteration, or demolition, sufficient to enable anyone to determine what the final appearance of the improvement will be.

Action by Historic Preservation Commission.

Every application for a certificate of appropriateness, including the accompanying plans and specifications, shall be transmitted to the Preservation Commission within 20 days after the application is deemed complete, unless such time frame is extended in writing by mutual agreement of the City and applicant.

[Amended 2-27-2023 by Ord. No. 2023-19]

The Economic and Community Development Department shall not issue the building or demolition permit for a designated landmark or a property within a designated historic district until a certificate of appropriateness has been issued by the Preservation Commission.

Standards for review. In considering an application for a building or demolition permit or for a certificate of appropriateness, the Preservation Commission shall be guided by the design guidelines in Subsection E and any guidelines established in the ordinance designating the landmark or historic district, as well as the following general standards:

Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose;

The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural feature should be avoided when possible;

All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and that seek to create an earlier appearance shall be discouraged;

Changes that may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected;

Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure, or site shall be treated with sensitivity;

Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplication of features, substantiated by historic, physical, or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures;

The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken;

Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project;

(9)

Contemporary design for alteration and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural, or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment.

(10)

For landmarks, the Commission shall ensure consistency with the Secretary of Interior's Guidelines for the Treatment of Historic Properties and the Bloomington Architectural Review Guidelines.

Design guidelines. Design guidelines for applying the criteria for review of certificates of appropriateness shall, at a minimum, consider the following architectural criteria:

Height. The height of any proposed alteration or construction should be compatible with the style and character of the landmark and with surrounding structures in a historic district;

Proportions of windows and doors. The proportions and relationships between doors and windows should be compatible with the architectural style and character of the landmark and with surrounding structures within a historic district;

Relationship of building masses and spaces. The relationship of a structure within a historic district to the open space between it and adjoining structures should be compatible;

Roof shape. The design of the roof should be compatible with the architectural style and character of the landmark and of surrounding structures and landscapes in historic districts;

Landscaping. Landscaping should be compatible with the architectural character and appearance of the landmark and of surrounding structures and landscapes in historic districts;

Scale. The scale of the structure after alteration, construction, or partial demolition should be compatible with its architectural style and character and with surrounding structures in a historic district;

Directional expression. Facades in historic districts should blend with other structures with regard to directional expression. Structures in a district should be compatible with the dominant horizontal or vertical expression of surrounding structures. The directional expression of a landmark after alteration, construction, or partial demolition should be compatible with its original architectural style and character;

Architectural details. Architectural details including materials, colors, and textures should be treated so as to make a landmark compatible with its original architectural style and character and to preserve and enhance the architectural style or character of a landmark or historic district.

Conditions of approval. The Preservation Commission may impose such conditions and restrictions upon the certificate of appropriateness as may be necessary to comply with the standards established in this section, to reduce or minimize the effect of such upon a landmark or historic district, and to better carry out the general intent of this ordinance.

Certificate of economic hardship.

A certificate of economic hardship may be granted by the Preservation Commission when an applicant presents evidence clearly demonstrating that failure to approve a certificate of appropriateness will cause an immediate extreme financial hardship because of conditions specific to the particular structure that is the subject of the application. Upon granting a certificate of economic hardship, the commission may approve or conditionally approve a certificate of appropriateness even though it does not meet the standards set forth in Subsection D.

An application for a certificate of economic hardship shall be made on a form prepared by the Economic and Community Development Department. The applicant shall supply the following minimum information in support of an application for a certificate of economic hardship:

[Amended 10-26-2020 by Ord. No. 2020-69]

Estimate of the cost of the proposed construction, alteration, demolition, or removal and an estimate of any additional cost that would be incurred to comply with the recommendations of the Preservation Commission for changes necessary for the issuance of a certificate of appropriateness;

A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation;

Estimated market value of the property in its current condition; after completion of the proposed construction, alteration, demolition, or removal; after any changes recommended by the Preservation Commission; and, in the case of a proposed demolition, after renovation of the existing property for continued use;

In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property;

Amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer;

If the property is income producing, the annual gross income from the property for the previous two years; itemized operating and maintenance expenses for the previous two years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period;

All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing, or ownership of the property;

Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two years;

Assessed value of the property according to the two most recent assessments;

Real estate taxes for the previous two years;

Form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture, or other;

Any other information, including the income tax brackets of the owner, applicant, or principal investors in the property considered necessary by the Preservation Commission to a determination as to whether the property does yield or may yield a reasonable return to the owners.

The Preservation Commission shall review all required evidence and information, conduct a public hearing, and make a determination on the application within 45 days of receipt of the completed application unless such time frame is extended in writing by mutual agreement of the City and applicant.

[Amended 2-27-2023 by Ord. No. 2023-19]

In order to grant a certificate of economic hardship, the Preservation Commission must find that denial of the proposed certificate of appropriateness would deprive a designated landmark or property within a Historic District of all reasonable use of or return.

In the case of a proposed removal, relocation or demolition, the Preservation Commission must find that the designated landmark cannot be remodeled or rehabilitated in a manner that would allow a reasonable use of or return from such landmark or property to a property owner.

The Preservation Commission or Director of Economic and Community Development may order that the issuance of a permit for removal, relocation, or demolition be delayed for a period of up to 180 days in order that such steps may be taken as are reasonably likely to result in the preservation of the building or structure involved. These efforts may include consultation with civic groups, public agencies, and interested citizens, and the exploration of possible acquisition.

[Amended 10-26-2020 by Ord. No. 2020-69]

Decision of Preservation Commission.

The Preservation Commission shall review the application for a certificate of appropriateness and issue or deny the certificate of appropriateness within 45 days following transmission of the completed application, unless such time frame is extended in writing by mutual agreement of the City and applicant.

The Preservation Commission may establish a subcommittee of three of its members to review applications for a certificate of appropriateness when delay to the next regular meeting would create an unnecessary inconvenience to the applicant. A certificate of appropriateness may be issued with full authority of the Commission prior to the next regular meeting upon the signature of the Chairperson of the subcommittee or upon the signature of the review official with his or her written finding that the application is consistent with the standards described in this section. The Commission may further designate staff support responsible for reviewing routine applications for certificates of appropriateness when the proposed work is clearly appropriate and in accordance with the criteria set forth in Subsection D of this section.

Written notice of the approval or denial of the application for a certificate of appropriateness shall be provided to the applicant within seven days following the determination.

A denial of a certificate of appropriateness shall be accompanied by a statement of the reasons for the denial. The Preservation Commission shall make recommendations to the applicant concerning changes, if any, in the proposed action that would cause the Preservation Commission to reconsider its denial and shall confer with the applicant and attempt to resolve as quickly as possible the differences between the owner and the Preservation Commission. The applicant may resubmit an amended application or reapply for a building or demolition permit that takes into consideration the recommendations of the Preservation Commission.

Appeals.

Decisions of the Preservation Commission on certificates of appropriateness and certificates of economic hardship shall be final and reviewable only in the Court in accordance with the applicable Statutes of the State of Illinois. (735 ILCS 5/3-101, et seq.), However, the Preservation Commission's determination may be appealed to the City Council if such application is rejected by the vote of fewer than five members.

An applicant may appeal such decision to the City Council by filing notice of intent to do so with the Economic and Community Development Department within 30 days after receiving notice of the decision of the Commission.

[Amended 10-26-2020 by Ord. No. 2020-69]

An appeal from a final administrative decision as defined herein shall be to the Circuit Court as provided in the Administrative Review Act (735 ILCS 5/3-101 et seq.) For purposes of the Illinois Administrative Review Act any of the following shall constitute a final administrative decision:

A decision of the Bloomington City Council finally disposing of the matter;

A decision of the Historic Preservation Commission that is not subject to appeal under this section;

An appealable decision of the Historic Preservation Commission that has not been appealed to the City Council at the end of the time for appeal to the City Council.

§ 44-1711 [Ch. 44, 17-11] Demolition review.

Applicability. Except for historic landmarks and buildings located in a historic district, buildings shall be subject to the requirements of this section where:

The proposed demolition exceeds 500 square feet of gross floor area; and

The building was constructed more than 50 years before the date of the application for a demolition permit, as determined on the basis of available records.

Administrative review of demolition. Upon receipt of an application for a demolition permit, or a building permit involving demolition, the Director of Economic and Community Development shall review the application to determine if the building meets the criteria of Subsection A. If it does, the Director of Economic and Community Development shall:

[Amended 10-26-2020 by Ord. No. 2020-69; 10-24-2022 by Ord. No. 2022-99]

Notify the applicant in writing within 10 business days that the application for demolition must be reviewed before proceeding.

Within 10 business days, forward a copy of the application to the Preservation Commission chairperson and any standing committee of the Preservation Commission that is empowered to review demolition permits.

Within five days of a receipt of the copy of the application, the chairperson or duly authorized committee shall issue a preliminary recommendation regarding the granting of the demolition permit. If a favorable recommendation is issued, the demolition permit shall be issued. If the chairperson or committee determines that the building is potentially significant pursuant to the standards of § 44-804B, a recommendation may be made in opposition to granting the demolition permit.

If the chairperson or committee determines that the building is potentially significant, it shall schedule a public hearing before the Preservation Commission to consider the building's historical or architectural significance. Said hearing shall be conducted within 45 days of initial submittal of the permit application. The City shall give notice in the manner prescribed by § 44-1705.

[Amended 2-27-2023 by Ord. No. 2023-19]

Public hearing. The public hearing shall be conducted in accordance with the procedures of § 44-1705.

[Amended 2-27-2023 by Ord. No. 2023-19]

The Preservation Commission shall hear all public testimony regarding the potential significance of the building and the proposed demolition.

At the conclusion of the hearing, the Commission shall make findings and issue a determination as to the significance of the building.

Decision.

[Amended 10-26-2020 by Ord. No. 2020-69]

If the building is determined to be not significant, the Director of Economic and Community Development shall cause such demolition or building permit to be issued, provided that it complies with all other requirements of the Code.

If the building is significant, Director of Economic and Community Development shall conduct a meeting between the chairperson or committee and the owner (or his or her representative), within 10 days of the public hearing, to discuss alternatives to demolition.

Demolition.

The demolition review process shall not delay the issuance of a demolition or building permit by more than 60 days.

If no alternatives to demolition have been identified and agreed to by the applicant within said sixty-day period, the Director of Economic and Community Development shall cause the demolition or building permit to be issued provided that it complies with all other requirements of this Code.

[Amended 10-26-2020 by Ord. No. 2020-69]

Nothing in this section shall be construed to prevent immediate demolition or partial demolition where public safety is at risk and where the building has been determined by the Building Official to be a public hazard and demolition is the only viable recourse.

§ 44-1712 [Ch. 44, 17-12] Administrative appeals.

[Amended 8-24-2020 by Ord. No. 2020-55; 10-26-2020 by Ord. No. 2020-69; 10-24-2022 by Ord. No. 2022-99]

Authority. The Zoning Board of Appeals shall hear and decide appeals from an administrative order, requirement, or determination made by the Director of Economic and Community Development.

Initiation. An administrative appeal may be taken to the Zoning Board of Appeals by any property owner, the City Council, or parties to an enforceable purchase option contract aggrieved by an administrative order, requirement decision, or determination under this Code by the Director of Economic and Community Development, provided the terms "any property owner" and "parties to an enforceable purchase option contract" refer to persons with an ownership or contractual interest in the parcel which is the subject of the administrative order, requirement, decision or determination made by the Director of Economic and Community Development.

Application requirements. An administrative appeal shall be filed made by filing a written notice of appeal, specifying the grounds of the appeal, in the Economic and Community Development Department. The appeal shall thereafter be forwarded to the Zoning Board of Appeals within 20 days.

Administrative public hearing. The Zoning Board of Appeals shall conduct an administrative public hearing on all appeals duly initiated hereunder.

In appeals to the Board from decisions of the administrator denying a permit or declaring a structure to be illegal, the Board's scope of review shall be limited to determining whether or not the Administrator's decision is in accordance with the requirements of this Code and applicable law and accordingly affirm or reverse the appealed decision. The Board may direct the Administrator to issue the permit or statement permitting the structure in accordance with its decision or may remand the matter for further consideration and investigation consistent with the Board's ruling.

Decisions. All decisions of the Board of Zoning Appeals on appeals initiated hereunder shall be final and reviewable only in the Courts in accordance with the applicable Statutes of the State of Illinois. However, the aggrieved party may appeal to the City Council if his or her appeal is rejected by the vote of less than five members of the Board of Zoning Appeals; the Director of Economic and Community Development may appeal to the City Council if he or she believes the Board's decision reversing his action violates the intent of this Code. To receive consideration by the City Council, the aggrieved party or the Director of Economic and Community Development must file with the City Clerk a "Notice of Appeal" which shall be substantially in one of the following forms:

Notice of Appeal of Zoning Administration Interpretation

I, the undersigned, appealed an order, requirement, decision or determination of the Director of Economic and Community Development. Less than five members of the Zoning Board of Appeals concurred in the action which rejected my appeal. I, therefore, request that the City Council review the record of the Zoning Board of Appeals' administrative public hearing and make a final administrative determination thereon.

(Signature) __________

Notice of Appeal of Zoning Board of Appeals Administrative Interpretation

The City of Bloomington, McLean County, Illinois Municipal Corporation, requests that the City Council review the record of the Zoning Board of Appeals' administrative public hearing and made a final administrative determination thereon. This request is based on my belief that the decision made by the Zoning Board of Appeals reversing my action violates the intent of Bloomington City Code Chapter 44.

(Signature)__________

If a Notice of Appeal is filed with the aggrieved party or by the Director of Economic and Community Development within 10 working days from the date on which the Zoning Board of Appeals' decision, rule or order was served, the appeal shall be considered by the City Council and the determination of the Council on the matter shall be final. If no such Notice of Appeal is filed with the City Clerk within said period, the action of the Zoning Board of Appeals shall be final, even if taken by less than five concurring votes.

§ 44-1713 [Ch. 44, 17-13] Zoning Enforcement Officer.

[Amended 10-26-2020 by Ord. No. 2020-69]

Duties. The Director of Economic and Community Development shall administer and enforce this Code. He or she may be provided with assistance of such other persons as the City Manager may direct. In furtherance of such authority the Director of Economic and Community Development, or his or her designee, shall:

Notify in writing any person responsible for violating any of the provisions of this Code, indicating the nature of the violation and ordering the action necessary to correct it;

Order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this Code to ensure compliance with or to prevent violation of its provisions;

Issue all building permits, and make and maintain records thereof;

Issue all zoning compliance certificates and make and maintain records thereof;

Issue all special use permits after they are approved by the Council in accordance with 10 of this Code;

Issue all zoning verification letters and maintain records thereof;

Conduct inspections of buildings, structures, and use of land to determine compliance with this Code;

Maintain permanent and current records pertaining to this Code, including but not limited to, maps, amendments, plans, special uses, variations, appeals, and applications therefor; and designate on the Official Zoning Map each amendment;

(9)

Provide and maintain a public information bureau relative to all matters arising out of this Code;

(10)

Receive, file and forward to the Zoning Board of Appeals all applications for appeals, special uses, authorized variations, or other matters on which the Zoning Board of Appeals is required to pass under this Code;

[Amended 10-24-2022 by Ord. No. 2022-99]

(11)

Forward to the Economic and Community Development Department all applications for special use permits, amendments, and other matters which are to be referred to the Zoning Board of Appeals, Historic Preservation Commission, or the Planning Commission.

[Amended 10-24-2022 by Ord. No. 2022-99]

Building permit requirements. No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefor issued by the Director of Economic and Community Development. No building permit shall be issued by the Director of Economic and Community Development except in conformity with the provisions of this Code and Chapters 10 and 24 of the Bloomington City Code, 1960, as amended, unless he or she receives a written order from the Zoning Board of Appeals in the form of an administrative review or variation or from the City Council in the form of a special use permit or amendment as provided by this Code.

[Amended 10-24-2022 by Ord. No. 2022-99]

§ 44-1714 [Ch. 44, 17-14] Zoning verification letters.

Purpose. A zoning verification letter may be requested from the Economic and Community Development Department by any individual seeking information about the zoning status of a specific parcel of land.

[Amended 10-26-2020 by Ord. No. 2020-69]

Request.

The request for a zoning verification shall be submitted in writing, and shall include the following:

Sufficient information to identify the property including the property address, parcel number, and/or a map indicating the property location;

Specific list of information requested.

Administrative fee.

If the request covers multiple parcels, the Director of Economic and Community Development may determine that each parcel is a separate request and assess additional fees.

[Amended 10-26-2020 by Ord. No. 2020-69]

Content. A zoning verification letter shall be prepared based upon information on file in the Economic and Community Development Department, and shall be limited to the following:

[Amended 10-26-2020 by Ord. No. 2020-69]

The future land use designation of the property;

The current zoning district of the property;

Verification that a particular use is permitted within the property's current zoning district;

Information about special uses, variations, planned unit developments or other parcel-specific regulations that pertain to the site;

Zoning action, if any, that is needed to permit a particular use;

Any current, outstanding violations that are the subject of code enforcement action.

Errors, inaccuracies or omissions. If the Director of Economic and Community Development determines that a zoning verification letter was based on inaccurate or misleading information or if the zoning verification letter does not comply with this Code, then, at any time, the Director may issue a modified letter that complies with the Code or revoke the zoning verification letter. No refunds will be provided.

[Amended 10-26-2020 by Ord. No. 2020-69]

Effect.

The zoning verification letter shall not be construed to verify compliance of a parcel with development regulations, parking, or landscaping requirements, or to certify legal nonconforming status.

A zoning verification letter does not authorize any development activity or use.

The determinations made within a zoning verification letter are not subject to appeal.

§ 44-1715 [Ch. 44, 17-15] Complaints and penalties.

Compliance required. All land developed or redeveloped, all buildings and structures erected, converted, enlarged, reconstructed, moved, or structurally altered, and all land, buildings, structures, and uses must comply with all applicable provisions of this Code. Failure to comply with applicable provisions constitutes a violation of this Code. The following list of violations is intended to be illustrative, and not limited to the specific items.

Development or redevelopment violations.

Engaging in the development or redevelopment of land in any way not consistent with the requirements of this Code.

Erecting a building or other structure in any way not consistent with the requirements of this Code.

Failure to comply with any condition or stipulation imposed on a permit or approval, including conditions of approval for a map amendment, special use, site plan review, variation, certificate of appropriateness, planned unit development, or other approval.

Alterations to existing land, buildings or structures violations.

Modifying, converting, filling, excavating, removing, enlarging, reconstructing, moving or structurally altering land, vegetation, fences, and other site features in any way except as permitted by or pursuant to this Code.

Modifying, converting, enlarging, reconstructing, demolishing, moving or structurally altering an existing building or structure except as permitted by or pursuant to this Code.

Use violations.

Using land, buildings, or structures in any way except as permitted by or pursuant to this Code.

Engaging in the use of a building or land or any other activity requiring one or more permits, variance, or other approval under this Code without obtaining all such permits, variances, or approvals.

Compliance violations.

Failure to comply with any lawful order issued by the Director of Economic and Community Development.

[Amended 10-26-2020 by Ord. No. 2020-69]

Failure to arrange for an initial inspection or a re-inspection to determine compliance with notices issued under this Code.

Failure to comply with any permit, variance, special use, planned development, or approval granted under this Code.

Separate violation. Each act of violation and each day upon which a violation occurs or remains shall constitute a separate violation.

Complaints. In case any building or structure is constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this Code, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Director of Economic and Community Development. The Director shall properly record such complaint, immediately investigate and may, if a violation exists, institute any appropriate action or proceeding to:

[Amended 10-26-2020 by Ord. No. 2020-69]

Prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance, or use;

Prevent the occupancy of the building, structure, or land;

Prevent any illegal act, conduct, business, or use in or about the premises;

Restrain, correct, or abate the violation; or

Seek fines, court costs, and attorney fees in administrative or circuit court.

Enforcement process.

Basis of inspections. Inspections shall be made to obtain and maintain compliance with the provision of this Code based upon one or more of the following:

To determine conformity with a permit, variation, special use or other approval, as well as any special conditions imposed at any time.

The need to determine compliance with a notice or an order issued by the City.

A complaint is received by the City, indicating that there is a violation of the provisions of this chapter.

An observation by the City of a violation of the provisions of this Code.

An emergency is observed or reasonably believed to exist.

A request for an inspection is made by the owner or responsible person.

Designation of an area where all dwelling units, accessory building, yards, and/or signs are to be inspected uniformly or intensively or for specific violations.

Content of violation notices. Violation notices authorized by this chapter shall:

Be in writing.

Include a description of the real estate and/or project name sufficient for identification.

Include a statement of the violation or violations.

Include a correction order allowing a reasonable time to correct the violation and bring the property into compliance. If a Notice to Abate, the notice shall indicate that the City may obtain a court order to abate the violation if not brought into compliance, may charge the owner for the cost of abatement, and may place a lien against the property for said costs until paid.

State that failure to comply with the Notice may result in further enforcement action which may include prosecution in administrative or circuit court to obtain fines and court costs and/or injunctive relief.

Include a description of the right to appeal, if applicable.

Method of service. A written notice shall be deemed to be properly served in one of the following ways:

Delivered personally;

Sent by first-class mail addressed to the last known address of the responsible person; or

Any other method authorized for the service of process by court rule or State statute.

Posting. After issuing a written notice, the City may, but is not required to, post a copy of the written notice and/or a placard on the property.

Reasonable entry. If needed, inspections inside a structure, building, dwelling, dwelling unit, or accessory building shall be made during reasonable hours. Entry without consent of an owner or an occupant shall require an administrative warrant, or an order of the court as provided by State law.

Penalties. The City may use any lawful remedy or enforcement powers against the owner or responsible person for any violation of this Zoning Ordinance. Remedies may be pursued simultaneously or sequentially and the pursuit of one remedy does not foreclose the simultaneous or subsequent pursuit of other remedies. The remedies are cumulative, and the City shall have all power granted from time to time under all applicable federal, state, and local laws, rules, and regulations. Such remedies include, without limitation, one or more of the following:

Fines, court order. The City may bring and prosecute an action in administrative or circuit court to:

Obtain fines of from $100 to $750 per violation per day, plus court costs and attorney fees; and/or

Enjoin the owner or responsible person from continuing such violation, use, erection, construction, moving or alteration, which may include demolition, removal, or abatement of the violation; and/or

Comply with the requirements of this Code.

Withhold permit. The City may deny or withhold any and all permits or other forms of authorization from an applicant on any property where there is an uncorrected violation of a provision of this Code or of a condition or stipulation of approval for a permit or other authorization previously granted by the City.

Permit approved with conditions. In addition to denying or withholding a permit or other authorization, the City may grant such permit or other authorization subject to the condition that the violation be corrected.

Temporarily suspend permit. A permit or other form of authorization under this Code may be temporarily suspended until the violation is corrected.

Revoke permit. A permit or other form of authorization authorized under this Code may be revoked when the Zoning Administrator determines that: a) there is departure from the plans, specifications, or conditions required under the permit; b) the permit or other form of authorization was procured by false representation or was issued in error; or c) any of the provisions of this Code are being violated. Any permit or other authorization revoked under this procedure shall become null and void.

Cease and desist order. With or without revoking a permit, the Director of Economic and Community Development may issue a cease and desist order on any land, building or structure for which there is an uncorrected violation of a provision of this Code. The cease and desist order must be in writing and must state the work in violation that is to be stopped, the reasons for the stoppage, and the conditions under which the work may be resumed.

[Amended 10-26-2020 by Ord. No. 2020-69]

Declaration of nuisance. A violation of this chapter is a nuisance per se and the City may institute appropriate actions or court proceedings to correct or abate any violation of the provisions of this chapter. If the owner or responsible person fails to abate a violation, the City may take action to abate the violation. The abatement may be performed by the City, by a contract vendor, or by other means determined by the City. The cost of such action, plus an administrative fee, shall be a personal debt of the owner, and may be assessed as a lien against the property until paid.