12.1

Plan Commission. The powers, duties and responsibilities of the Plan Commission are set forth in Chapter 6 of the Municipal Code.

In applications for Planned Unit Development, Subdivisions, Special Use Permits, Rezoning and Land Use Variations, the Plan Commission may recommend and the Village Board of Trustees may authorize exceptions to the applicable bulk regulations of this Chapter and such other variations from the Zoning Regulations (Chapter 28 and Chapter 29 of the Municipal Code) as may be required within the boundaries of such development without referring the matter to the Zoning Board of Appeals.

12.2

Land Use Variations. In order to receive a variation, the Petitioner must provide support for each of the following factors:

1.

The proposed use will not alter the essential character of the locality and will be compatible with existing uses and zoning of nearby property;

2.

The plight of the owner is due to unique circumstances, which may include the length of time the subject property has been vacant as zoned;

3.

The proposed variation is in harmony with the spirit and intent of this Chapter; and

4.

The variance requested is the minimum variance necessary to allow reasonable use of the property.

A variation may be granted if the evidence provided sustains each of the factors listed above. Every variation shall be accompanied by findings of fact specifying the reasons for granting the variation by applying the above factors.

12.3

Application. An application verified by the owner of the subject property or their authorized agent shall be filed with the Planning Department upon a form prescribed therefore which shall be accompanied by the application fee and ten complete sets of the following:

a.

Plat of Survey.

b.

Preliminary and Final Plat of Subdivision. If required pursuant to Chapter 29 Subdivision Control Regulations.

c.

Preliminary architectural drawings as set forth below (these are not required for zoning changes to R-E, R-1, R-2, R-3 zoning classification):

1.

Detailed site plan to include roadways, driveways, parking area and dimensions, all proposed structures, free standing signs, outdoor lighting, trash storage areas, loading areas, and project data to include total land area, building area, floor area ratio and parking computations.

2.

Detailed landscaping plan (required for new construction only) including location, quantity, common names, and size of all landscaping materials.

3.

Floor plan.

4.

Building elevations.

5.

Building sections.

6.

Sign plans.

d.

Preliminary engineering plans and engineering feasibility study (required for new construction or increase in building coverage only).

e.

Traffic Study. If required, (see Section 6.13 of this Chapter)

f.

Proof of Ownership. The applicant shall submit documentation evidencing ownership of property and any lease or rent agreement in effect pertaining to the petition on the subject property. If the title is in a trust, a copy of the Trust Agreement, certified by the Trustee with evidence of all current ownership of beneficial interest together with a letter of authorization from the trust company shall be provided.

12.4

Departmental Review. The Planning Department shall circulate the application and plans to the appropriate departments for review and recommendations. All reviews and recommendations shall be made available to the applicant prior to the public hearing. The applicant may submit revised plans to the Planning Department for review and all revised plans must be submitted at least 14 days prior to public hearing. The revised plans shall be resubmitted and reviewed. The Planning Department shall transmit all recommendations to the Plan Commission for their review prior to the date of the public hearing. If any of the plans have been changed, the applicant shall submit ten new sets of plans to the Planning Department at least seven days prior to date of public hearing for transmittal to the Plan Commission. Plans submitted for Plan Commission later than seven days prior to date of public hearing may result in a continuation of the public hearing.

12.5

Public Hearing Notification Requirements. The applicant shall comply with notification requirements as set forth in Section 14 of this Chapter.

12.6

Determination. The Plan Commission may require additional plans or studies in order to conduct a thorough investigation of a request before them. The findings and recommendations of the Plan Commission shall be transmitted to the Village Board within 30 days of adjournment of the public hearing.

(Ord. #18-010)