§ 2.1. REVIEW BODIES
2.1.1
Summary of Review Authority
The following table summarizes the required review and approval authority provided under this development code.
2.1.2 2.1.3 2.1.4 2.1.5 2.1.6 Procedure Zoning
AdministratorDevelopment Review Board Planning
and Zoning
CommissionZoning Board of Appeals City
CouncilReference Certificate of Occupancy/Completion D 2.3 Administrative Deviation D R 2.6 Uses Permitted with Administrative Approval D 2.5 Variations R R <D> 2.6 Appeals <D> 2.7 Amendments R R <R> <D> 2.8 Special Use R R <R> <D> 2.9 Official Development Plan R R <R> <D> 2.10 Critical Traffic Management Areas R R <D> 2.11 Traffic Impact Analysis R R R 2.12 Subdivisions R <R> <D> 2.13 Survey Plat D 2.13 Annexations R <R> <D> 2.1.4 KEY: R = Review or Recommendation D = Final Decision < > = Public Hearing
2.1.2
Zoning Administrator
The Director of Community Development, or their designee, shall be the Zoning Administrator. The Director of Community Development shall exercise the authority and perform the duties of Zoning Administrator as set forth below:
A.
Issue all zoning compliance and exception certificates and maintain records of certificates issued;
B.
Approve all certificates of occupancy;
C.
Conduct inspections of buildings, structures, and uses of land to determine compliance with the terms of this development code;
D.
Issue violation notices requiring compliance and advising suspected violators of their right to appeal; and to issue citations for violations of this development code;
E.
Request of the Building Official that all construction or work of any type be stopped when such work is not in compliance with this ordinance; and revoke any permit which was unlawfully issued without full compliance of the requirements of this ordinance or under fraudulent conditions;
F.
Review and approve or deny all applications for permitted use status under all zoning districts;
G.
Review and approve or deny all applications for principal uses not specifically listed as set forth in Chapter 5.0, Permitted Land Uses;
H.
Have possession of permanent and current records of this development code, including, but not limited to, all maps, amendments, special uses, variations, appeals, official development plans, site plan reviews and applications thereof;
I.
Conduct pre-application conferences where required;
J.
Receive, certify for completeness, and forward to the Planning and Zoning Commission all applications for special uses and for text and map amendments to this development code that are initially filed with the office of the Zoning Administrator;
K.
Review, process and decide upon those minor variation applications for which the Zoning Administrator has authority under this development code by either approving or denying such applications;
L.
Review, process and report findings and recommendations and forward appeals and variation requests to the Zoning Board of Appeals on those applications upon which the Zoning Board of Appeals is required to act;
M.
Call for meetings of the Development Review Board, forward applications, site plans and related information to that Development Review Board in all cases which require site plan review and as required in specific zoning districts under the provisions of this development code;
N.
Review, process and decide upon subdivision plats without waivers and tract surveys by either approving or denying such applications;
O.
Enforce all orders of the Zoning Board of Appeals;
P.
Conduct an annual study of the provisions of this development code, and make a report of recommendations to the Planning and Zoning Commission and City Council during January of each year or more often as deemed necessary;
Q.
Assist in providing public information relative to this development code;
R.
Conduct daily administration of the development code;
S.
Provide staff support for each entity listed;
T.
Issue permits when appropriate for uses allowed with administrative approval; and
U.
To make application for and provide evidence in support of the elimination of any restrictive covenants which run to the benefit of the City but which are not consistent with the provisions or objectives of this development code, and any amendments to this development code, which may be adopted.
2.1.3
Development Review Board
A.
Establishment
1.
The Development Review Board shall consist of representatives as designated by the Directors of Community Development, Public Works, Inspections, and Chiefs of Police and Fire.
2.
The representatives may consist of persons with expertise in the following areas: planning, zoning administration, public works, traffic engineering, architecture, building inspections, public safety and landscape architecture. If the City has no person with expertise in one of these areas, the Zoning Administrator will recommend to the City Council a person with expertise in the non-represented area and request that person to be appointed to the Development Review Board. The City Council may also appoint a non-voting member to the Development Review Board to represent the art community in Peoria.
3.
The Development Review Board may adopt its own rules and regulations. The Zoning Administrator shall serve as chairperson. All meetings of the Development Review Board shall be at the call of the chairperson or any two other members of the Board.
B.
Authority
1.
Conduct a technical review of site plans and official development plans and find solutions to site plan problems which are compatible with the purposes of this development code.
2.
Approve and disapprove site plans submitted as part of any application for building permit for permitted uses:
a.
As required in the R5, R6, R7, R8, CN, CG, C1, C2, O1, O2, B1, P1, I1, I2, I3 and N1 Base Districts;
b.
As required in the Form Districts;
c.
As required in the Overlay Districts; and
d.
In Critical Traffic Management Areas.
e.
The Development Review Board may, as a condition of approval, require the property owner to pay for certain adjacent off-site improvements.
3.
Make findings and recommendations with respect to site plans submitted as part of any application for
a.
Administrative Deviation;
b.
Variance;
c.
Special use;
d.
Official development plan;
e.
Subdivision plat;
f.
Planned Form Districts; or
g.
Findings and recommendation made pursuant to this paragraph shall, when applicable, become a part of the above judgment decision criteria with respect to any relief or remedies being sought. In circumstances where the foregoing relief has been sought, final authority resides with the Zoning Board of Appeals or City Council.
4.
Review and submit comments for expansions of parking area and façade changes, as defined in the Applicability Table.
5.
Grant or deny applications for administrative deviations for any site in which it is required to approve or disapprove site plans in those cases where no timely objection has been filed.
6.
Review, and submit comments to the Planning and Zoning Commission, on all proposed map amendments. The DRB may approve the proposed site development plan with or without conditions. The DRB may deny approval of the total site proposal or a portion thereof if they find that conditions, standards or purposes of this section; or other germane sections of the ordinance; the Development Review Board Manual; or the policies of the official comprehensive plan; or the general development policies and specific site design guidelines of the City of Peoria have not been complied with.
7.
The Development Review Board may waive or otherwise grant relief in the form of administrative deviations from the standards for bulk and design controls. Administrative deviations allow a variation of up to twenty (20) percent of the listed standard for the following cases:
a.
The application of a design or impact control would cause an undue adverse impact on adjoining or nearby property.
b.
The application of a particular design standard or control would cause an unsafe condition.
c.
The granting of any relief from a design standard or control would enable better overall design and functioning that would not otherwise be achievable under strict applications of all bulk and design standards.
d.
In evaluating conformance to impact, bulk and design controls, the Development Review Board shall give consideration to the extent to which the proposed use conforms to the principles, guidelines and standards established by the City Council for use by the Development Review Board.
8.
The Development Review Board may impose conditions and restrictions upon the premises subject to review as may be necessary to comply with the objectives and regulations of this development code.
C.
Site Plan Review Criteria
Standards to be used by the Development Review Board shall include but not be limited to the following:
1.
The provisions of this development code.
2.
The provisions of any adopted plan (see 1.6).
3.
Supplementary engineering and planning studies or guidelines which have been adopted by the Development Review Board.
4.
Customary engineering and site development standards used in Peoria.
5.
Any standards or criteria in a City adopted project or redevelopment plan.
D.
Effect of Decision
1.
The effect of the Development Review Board's disapproval is that no building permit, shall be issued. The member of the Development Review Board who denies the Site Plan is responsible for responding to the applicant regarding that denial. Appeals of decisions by the Development Review Board may be made to the Zoning Board of Appeals as set forth below.
2.
The Development Review Board shall keep a public record of its resolutions, findings, and determinations, and notify, in writing within five working days, petitioners for plan review of the decision of the Board.
E.
Appeal of Decision
1.
Time
Any final decision of the Development Review Board may be reviewed by the Zoning Board of Appeals providing that timely notice of appeal is filed by an interested party within ten days after the Development Review Board's decision, or in the case of minor variations, within ten days after interested persons receive actual or constructive notice of a decision by the Development Review Board's granting or denying a variation.
2.
Interested Persons
Appeals and objections may be taken or filed by any person occupying or holding an interest in the property which is the subject of the Development Review Board's decision, or the owners or occupants of property located within two hundred 250 feet of the subject property.
3.
Presumptions and Evidence
The decision and findings of fact made by the Development Review Board shall be presumed correct by the Zoning Board of Appeals. Interested persons, including but not limited to the City staff, the owner of the affected property, and other interested parties may present evidence under oath to support or rebut the decision and factual findings made by the Development Review Board. The record of any matter decided by the Development Review Board shall become part of the record. Decisions by the Zoning Board of Appeals shall be final administrative decisions.
2.1.4
Planning and Zoning Commission
A.
Establishment and Rules of Procedure
1.
The Planning and Zoning Commission is established pursuant to Chapter 23, Article III of the Peoria City Code.
2.
The Planning and Zoning Commission shall adopt its own procedures.
B.
Authority
1.
Receive and make findings and recommendations to the City Council on Neighborhood Conservation Plans proposed as amendments to the Comprehensive Plan for the designation of a Neighborhood Conservation Overlay District;
2.
Review all applications for subdivision plats with waivers, hold public hearings thereon and report findings and recommendations to City Council; and
3.
Hold public hearings, review, and make recommendations to the City Council concerning the Comprehensive Plan of the City and proposed annexations to the City;
4.
Review all applications for text and map amendments, hold public hearings thereon, and report findings and recommendations to the City Council in the manner prescribed in this development code;
5.
Review all applications for special use and official development plans, hold public hearings thereon and report findings and recommendations to City Council;
6.
To review, hold the hearing and report to the City Council, with recommendations, those matters not treated above, which the City Council has referred to it;
7.
Review all applications and recommendations from the Development Review Board with respect to special exceptions under regulations governing Neighborhood Conservation Overlay Districts, hold public hearings thereon, and make a final determination as to whether such special exceptions should be granted or denied;
8.
To review, hold public hearings, and make recommendations to the City Council with respect to any application for elimination or changes in any existing covenants restricting land uses, which are enforceable by the City.
2.1.5
Zoning Board of Appeals
A.
Establishment and Rules of Procedure
1.
The Zoning Board of Appeals shall be comprised of seven members. A quorum of four members is necessary, in order to conduct business. Any decision of the Zoning Board of Appeals shall be based on an affirmative vote of those members voting.
2.
The Zoning Board of Appeals may adopt its own procedures; however, in order to vote, a member of the Zoning Board of Appeals must be in attendance of the proceedings subject to the vote.
3.
All appointments to the Zoning Board of Appeals shall be made by the Mayor, subject to the approval of the City Council. The Chair shall be appointed by the Mayor, subject to the approval of the City Council. Members of the Board shall serve terms as set forth in 2-162 of the Peoria City Code.
B.
Authority
1.
To hear objections to or appeals of final determination or decisions made by the Zoning Administrator or Development Review Board.
2.
To approve or disapprove major variations for which objections have been filed from the terms of this development code in the manner set forth in the provisions of this development code pertaining to variances.
2.1.6
City Council
A.
Establishment
The City Council, in accordance with the Constitution of the State of Illinois and the Revised Statutes of the State of Illinois, is hereby authorized to continue and to exercise such authority as is provided in this development code.
B.
Authority
Receive recommendations from the Planning and Zoning Commission, and take action upon all proposed amendments, special uses, and Official Development Plans.
1.
Receive recommendations from the Planning & Zoning Commission, and take action upon proposed subdivision plats with waivers.
2.
Review and where appropriate, act upon the annual report from the Planning and Zoning Commission and Zoning Administrator concerning the status of this development code with regard to effectiveness of the development code, administrative procedures and relationships to the adopted plans (see 1.6).
3.
Receive and act upon other matters required by this development code and forwarded by the Zoning Administrator, other City Officials or citizens.
4.
Approve or deny any application for modification or elimination of restrictive covenants after receiving recommendations and findings of fact from the Planning and Zoning Commission.
( Ord. No. 17505 , § 1(Exh. A), 9-26-17; Ord. No. 17658 , § 1, 2-26-19)