§ 2.2. ZONING REVIEW

2.2.1

When Zoning Review is Required

Zoning review shall accompany all applications for a building permit or Development Review Board review. In instances where no building permit is required, properties must comply with zoning requirements, which will be addressed through the enforcement process. Property maintenance, per Chapter 13 of the City Code, is required irrespective of a permit or review, including but not limited to screening of dumpsters, upkeep of parking lot striping, condition of parking surfaces, etc.

Any permit or certificate issued in conflict with the provisions of this ordinance, shall be null and void.

2.2.2

Transfer of Property Certificate

A.

No instrument which immediately conveys or provides for the future conveyance of the fee interest in any property within the City of Peoria including an Agreement for Warranty Deed shall be recorded and no beneficial interest in a land trust which holds title to property within the city shall be transferred (except for a transfer of an interest, solely to secure performance of an obligation) until a Certificate has been issued for the property which is to be conveyed, or in the case of an interest in a land trust, until a Certificate has been issued for any property held by the trust which is located within the City of Peoria. The following transfers are exempt from the requirements of this paragraph provided that a Certificate for Exemption in the form provided by the Zoning Administrator is signed by the owner; beneficial interest holder, if a land trust; or an attorney at law or in fact:

1.

Deeds to or trust documents relating to property acquired by any governmental body or from any governmental body or deeds to property between governmental bodies, or by or from any corporation, society, association, foundation or institution organized and operated exclusively for charitable, religious or educational purposes.

2.

Deeds or trust documents which secure debt or other obligation.

3.

Deeds or trust documents which, without additional consideration, confirm, correct, modify, or supplement a deed or trust document previously recorded.

4.

Reserved.

5.

Tax deeds.

6.

Deeds or trust documents of release of property which is security for a debt or other obligation.

7.

Deeds of partition.

8.

Deeds or trust documents made pursuant to mergers, consolidations or transfers or sales of substantially all of the assets of corporations pursuant to plans of reorganization.

9.

Deeds or trust documents made by a subsidiary corporation to its parent corporation for no consideration other than the cancellation or surrender of the subsidiary's stock.

10.

Deeds for a single family dwelling, including residential condominium units.

11.

Deeds representing transfers subject to the imposition of a documentary stamp tax imposed by the government of the United States.

12.

Deeds issued to a holder of a mortgage, as defined in Section 15-103 of the Code of Civil Procedure, pursuant to a mortgage foreclosure proceeding or pursuant to a transfer in lieu of foreclosure.

13.

Undeveloped parcels of land.

14.

Deeds delivered, without regard to whether the Agreement for Warranty Deed was recorded, pursuant to an Agreement for Warranty Deed entered into prior to June 1, 1990.

15.

Deeds delivered, without regard to whether the Agreement for Warranty Deed was recorded, pursuant to an Agreement for Warranty Deed on or after June 1, 1990, for which a zoning certificate has previously been issued by the Zoning Administrator.

16.

Non-residential uses in the B-1; O-1; O-2; C-N, C-1; C-G, C-2; I-1; I-2; I-3; N-1 and P-1 districts.

B.

Transfer of Property Certificates shall be issued pursuant to rules adopted by the Zoning Administrator, and shall state whether the property which is the subject of the certificate is in compliance with the provisions of this ordinance. Notwithstanding the foregoing, the Zoning Administrator may adopt rules permitting a certificate to be issued based on information supplied by the applicant for certain classes of property or by inspection by the City or its agents. Any Certificate which is issued as a result of information supplied by the applicant and not on the basis of a property inspection by the City shall state that it has been issued in reliance upon information supplied by the applicant, and that it is not valid if it has been issued in reliance on information provided by the applicant which is not true and correct. In any case where a Certificate has not been acted upon within one year of the date of its issuance, or any City license or permit resulting from its issuance, then, without further action by the Zoning Administrator, said Certificate shall be null and void.

( Ord. No. 17505 , § 1(Exh. A), 9-26-17; Ord. No. 17575 , § 1(Exh. A), 5-8-18)