Amendment to the Comprehensive Plan
The City of Geneva’s Comprehensive Plan establishes goals, objectives, and policies for the future of the community as well as long-range recommendations for land-use, transportation, and community facilities. The Comprehensive Plan is an important tool which sets the foundation for future decision making regarding land-use and development. It is intended to be used as a policy guide and to be flexible and adaptive overtime. Nevertheless, the Comprehensive Plan is not a static document and may require amendments from time to time in order to ensure that it addresses the changing needs and goals of the community. The most common petitions to amend the Comprehensive Plan are requests to change a property’s land-use classification on the Land-Use Plan. Such requests typically occur because the original classification was issued in error (a mature and stable residential neighborhood was classified as Commercial) or because the current classification is not consistent with a petitioner’s request for a zoning map amendment. An amendment to the Comprehensive Plan may be initiated by the City Council, Plan Commission, or any person owning property in the City.
Annexation & Annexation Agreements
Annexation is the incorporation of contiguous land area into an existing municipality with a resulting change in the corporate boundaries of that municipality. Although annexations can be accomplished in several different ways, the City of Geneva typically wishes to use voluntary annexation. A property owner, or group of property owners, may petition to have property annexed to the City in accordance with Illinois State Law. Annexations are most commonly requested because a property owner desires to receive municipal services such as a potable water supply, sanitary disposal of wastewater and solid refuse, public safety, emergency response, planning, development regulations, environmental protection, libraries, parks, economic development, etc. The City, through powers granted to municipalities by the State of Illinois, may also enter into an annexation agreement with the petitioner(s). Annexation agreements allow both the City and the owner(s) of the land desiring to be annexed to determine the relationship between them and provide for the future development of the land before it is annexed. Annexation agreements provide a means for the advanced planning and negotiation that is intended to result in a more logical development of the property without burdening existing citizens with undue costs. Unless otherwise requested by a Zoning Map Amendment upon annexation, all land annexed to the City shall be designated RR, Rural Single-family Residential District.
Planned Unit Development (PUD), Preliminary
A PUD is a special use that is of such substantially different character from other special uses that specific and additional standards and exceptions are established through a formalized review and approval process. A PUD is a privilege to be earned and not a right which can be claimed. The general purpose of the PUD is to provide a single application process for unique developments that are not accommodated for under conventional zoning regulations, provided such developments promote proper development of benefit to the community and are compatible with the character and objectives of the underlying zoning district and of the City’s Comprehensive Plan. Section 11-9-2 of the Zoning Ordinance establishes specific purposes for residential PUDs, office or business PUDs, and office research and industrial PUDs. A preliminary PUD establishes the details of the overall project such as lot configuration, density, public improvements, utility sizes and placement, easement locations, architectural elevations, development covenants, etc.
Planned Unit Development (PUD), Final
A final PUD conforms substantially to an approved preliminary PUD, and may be submitted in stages with each stage reflecting a portion of the approved preliminary PUD plan. A final PUD is a set of drawings suitable for recording with the Kane County recorder of deeds. The purpose of the final PUD is to designate with particularity the land subdivided into conventional lots as well as the division of other lands, not so treated, into common open areas and building areas, and to designate and limit the specific internal uses of each building or structure, as well as of the land in general. At the discretion of the Community Development Director, a final PUD may be submitted concurrently with an application for a preliminary PUD.
Plat of Subdivision, Preliminary
The subdivision process ensures that a project is on a legally subdivided lot that has proper space for certain kinds of development and the required utility easements and roadways. Specific subdivision considerations include the shape of a site, lot and/or tract size, circulation, street layout, drainage and grading, and floodplain concerns. In addition, subdivision projects are reviewed to address any environmental concerns that may arise. These include water quality, tree, vegetation and habitat maintenance and the protection of critical environmental features. Utilities are also planned for in the subdivision process. These considerations include the extension of transmission lines and distribution of water and wastewater lines. The aforementioned items are addressed through the preliminary plat of subdivision process, which all subdivisions within the jurisdiction of the City are required to follow. In addition, the City has jurisdictional review over all subdivisions within the City’s extraterritorial jurisdiction (within 1 ½ miles of the City limits).
Plat of Subdivision, Final
A final plat of subdivision conforms substantially to an approved preliminary plat of subdivision, and may be submitted in stages with each stage reflecting a portion of the approved preliminary plat of subdivision. A final plat of subdivision shall contain such information and be in such form as to be suitable for recording with the Kane County recorder of deeds. The purpose of the final plat of subdivision is to designate with particularity the land subdivided into conventional lots as well as the division of other lands, not so treated, into common open areas. At the discretion of the Community Development Director, a final plat of subdivision may be submitted concurrently with at preliminary plat of subdivision.
Site Plan Review
Site plan review and approval is required to ensure that the use and development of land as authorized under the Zoning Ordinance is undertaken in an orderly and proper manner that furthers the public health, safety and welfare and makes adequate provision for assuring the availability of appropriate public and private services and amenities and for minimizing the adverse effects of such development. The use of site plan review is also intended to avoid and prevent deterioration of the function, character, and appearance of the City and provide a favorable environment for residents and businesses, and to preserve and protect property values within the City. Conditions of approval may be placed on site plan approvals to ensure that any negative impacts associated with the development are mitigated or eliminated. Site plan approval is required for multiple-family and nonresidential development under the following intended situations:
• Any new principal structure (or complete redevelopment of any site) or the use of land for nonresidential purposes.
• Where an existing principal structure erected prior to the date of adoption of this title is proposed to be expanded, for which the sum total of gross floor area expansion(s) since the date of this title are equal to or greater than twenty five percent (25%) of the total gross floor area of said structure.
• Any new or modified building and/or site improvements for a zoning lot which has previously received site plan approval under this title, reapproval of the plan is required for components of the plan which depart from the approved site plan.
• A site plan shall not be required exclusively as a change of use except where such change of use results in increased off-street parking requirements which cannot currently be met on the site.
• A site plan shall be required along with any application for a special use permit or a special use permit amendment for any nonresidential or multi-family development.
Special Use Permit
Each zoning district establishes a specific list of allowable uses. Allowable uses are divided into two categories; either permitted or special uses. A use listed as “permitted” in a zoning district is considered to always be appropriate for the district and does not require any special permission from the City Council. Permitted uses are allowable by right and simply require the property owner to obtain the necessary building permits or change of use permit to establish the use. A use listed as “special” in a zoning district is considered to have characteristics that may create off-site negative impacts on allowable permitted uses within the district. Therefore, such uses are required to obtain a special use permit which requires a public hearing before the Plan Commission and ultimate approval by the City Council. Conditions of approval may be placed on a special use request to ensure that any negative impacts are mitigated or eliminated.
Zoning Map Amendment
The City of Geneva is divided into twenty-six (26) zoning districts. Each zoning district establishes a specific list of allowable uses and a set of lot and area requirements. Some zoning districts also establish specific development standards designed to protect the purpose and intent of that district. A zoning map amendment may be used to reclassify a property’s zoning district. For example, a property owner may wish to rezone their property from the R1, Low Density Single-family Residential District to the R6, Medium Two- and Three-family Residential District in order to convert a single-family home into a duplex. Zoning map amendments are typically requested because the original zoning was issued in error (a residential property was classified as business) or because the character of the surrounding area has changed over time which warrants a change in zoning. A zoning map amendment may be initiated by the City Council, Plan Commission, or owner of the property for which the amendment is sought.
Zoning Ordinance Text Amendment
The purpose of the City of Geneva Zoning Ordinance is to protect and promote the public health, safety, morals, comfort, and general welfare. This purpose is fulfilled through the establishment of zoning districts, development regulations, development review procedures, and performance standards. A petition for a text amendment may be used to change the text of the Zoning Ordinance. Text amendments are requested in order to clarify certain provisions, correct contradictory clauses, or simply change the regulations to reflect evolving needs and concerns. A text amendment may be initiated by the City Council, Plan Commission, or any person owning property in the City.
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