(A)   The B1 restricted business district is designed for the convenient shopping of persons residing in adjacent residential areas, and to permit only such uses as are necessary to satisfy those basic shopping needs which occur daily or frequently and so require shopping facilities in relative proximity to places of residence.

   (B)   The B2 restricted service district is designed primarily to furnish areas served by the restricted business district with basic necessary services (and goods) incompatible with the uses permitted in the restricted business district and so not allowed therein.

   (C)   The B3 general business district is designed to cater to the needs of a relatively larger consumer population than served by the restricted business district, and so a wide variety of business uses are permitted for both daily and occasional shopping.

   (D)   The B4 general service district is designed primarily to furnish areas served by the general business district with a wide variety of necessary services (and goods) incompatible with the uses permitted in the general business district and so not allowed therein. (Ord. 63-1, 4-1-1963)

   (E)   The BP business park district is designed to provide for a wide range of business, office and research uses in a quality environmental setting. Very limited retail and service businesses are also permitted when those uses are designed primarily to provide service to the business, office and research uses within the district. Performance standards are intended to limit the placement and intensity of such uses. Uses that require outdoor sales or storage of materials shall not be permitted. No BP district shall be established unless the land to be located within the district has a gross lot area of at least ten (10) acres. No planned development under chapter 8 of this title shall be permitted in a BP district. (Ord. 04-01, 2-23-2004)

Use, lot and bulk regulations applying specifically to business districts are set forth in the following sections of this chapter. Also applying to business districts are regulations set forth in other chapters of this title as follows:

   Chapter 2, "Zoning Definitions" of this title.

   Chapter 3, "General Zoning Provisions" of this title.

   Chapter 9, "Nonconforming Buildings, Structures, Uses" of this title.

   Chapter 10, "Administration And Enforcement" of this title. (Ord. 63-1, 4-1-1963)

Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the districts indicated under the conditions specified. No building or zoning use shall be devoted to any use other than a use permitted hereinafter in the zoning district in which such building or zoning lot shall be located, with the exception of the following:

   Uses lawfully established on April 1, 1963, and

   Special uses allowed in accordance with the provisions of section 5-6-4 of this chapter.

   Uses lawfully established on April 1, 1963, and rendered nonconforming by the provisions thereof, shall be subject to the regulations of chapter 9 of this title.

   (A)   Permitted Uses, B1 District:

      1.   Uses permitted in the B1 district are subject to the following conditions:

         a.   Dwelling units and lodging rooms are not permitted.

         b.   All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.

         c.   All business, servicing or processing, except for off street parking or loading, shall be conducted within completely enclosed buildings.

         d.   Establishments of the "drive-in" type offering goods or services directly to customers waiting in parked motor vehicles are not permitted.

         e.   The parking of trucks and delivery vehicles as an accessory use, when enclosed parking for same is provided and when used in the conduct of a permitted business listed hereafter in this subsection, shall be limited to vehicles of not over one and one-half (11/2) tons capacity. (Ord. 63-1, 4-1-1963)

      2.   The following uses are permitted in the B1 district:

         Art and school supply stores.

         Barbershops.

         Beauty parlors.

         Book and stationery stores.

         Camera and photographic supply stores.

         Candy and ice cream stores.

         Clothes pressing establishments.

         Currency exchanges.

         Drugstores.

         Dry cleaning and laundry receiving stations, processing to be done elsewhere.

         Florist shops and conservatories.

         Food stores, grocery stores, meat markets, fish markets, bakeries and delicatessens.

         Gift shops.

         Haberdasheries.

         Hardware stores.

         Restaurants; entertainment, dancing and serving of alcoholic beverages are prohibited.

         Sewage disposal units, individual, as regulated by section 5-3-5 of this title.

         Shoe, clothing and hat repair stores.

         Signs, as regulated by chapter 5-11.

         Telephone booths and coin telephones (outdoor).

         Telephone exchanges.

         Temporary buildings for construction purposes, for a period not to exceed the duration of such construction.

         Variety stores.

         Water systems, individual, as regulated by section 5-3-5 of this title.

         Wearing apparel shops. (Ord. 63-1, 4-1-1963; amd. 1977 Code)

   (B)   Permitted Uses, B2 District:

      1.   Uses permitted in the B2 district are subject to the following conditions:

         a.   Dwelling units and lodging rooms are not permitted.

         b.   All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.

         c.   All business, servicing or processing, except for off street loading and automobile service station operations, shall be conducted within completely enclosed buildings.

         d.   Establishments of the "drive-in" type offering goods or services directly to customers waiting in parked motor vehicles are not permitted, except in the case of automobile service stations.

         e.   All activities involving the production, processing, cleaning, servicing, testing or repair of materials, goods or products shall conform with the performance standards established for the light industrial district chapter 7 of this title; provided, that performance standards shall in every case be applied at the boundaries of the zoning lot on which such activities take place.

         f.   The parking of trucks and delivery vehicles as an accessory use, when enclosed parking for same is provided and when used in the conduct of a permitted business listed hereafter in this subsection shall be limited to vehicles of not over one and one-half (11/2) tons capacity.

      2.   Any use permitted in the B1 district, as set forth in subsection (A) of this section shall be permitted in the B2 district, and in addition, the following uses shall be permitted:

         Automobile service stations, for the retail sale and dispensing of fuel, lubricants, tires, batteries, accessories and supplies, including installation and minor services customarily incidental thereto; facilities for chassis and gear lubrication and for washing of not more than two (2) vehicles are permitted only if enclosed in a building.

         Dry cleaning establishments, employing not more than two (2) persons in addition to one owner or manager.

         Laundries, employing not more than two (2) persons in addition to one owner or manager.

         Newspaper distribution agencies, for home delivery and retail trade.

         Radio and television service and repair shops.

         Restaurants, including the serving of alcoholic beverages at dining tables and booths only, if incidental to the serving of food as the principal activity, but not including live entertainment or dancing.

         Vending machines, ice and milk sales.

   (C)   Permitted Uses, B3 District:

      1.   Uses permitted in the B3 district are subject to the following conditions:

         a.   Dwelling units and lodging rooms are not permitted.

         b.   All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.

         c.   All business, servicing or processing, except for off street parking or loading, shall be conducted within completely enclosed buildings.

         d.   Establishments of the "drive-in" type offering goods or services directly to customers waiting in parked motor vehicles are not permitted.

         e.   All activities involving the production, processing, cleaning, servicing, testing or repair of materials, goods or products shall conform with the performance standards established for the light industrial district in chapter 7 of this title; provided, that performance standards shall, in every case, be applied at the boundaries of the zoning lot on which such activities take place.

         f.   The parking of trucks and delivery vehicles as an accessory use, when enclosed parking for same is provided and when used in the conduct of a permitted business listed hereafter in this subsection, shall be limited to vehicles of not over one and one-half (11/2) tons capacity. (Ord. 63-1, 4-1-1963)

      2.   Any use permitted in the B1 district, as set forth in subsection (A) of this section, shall be permitted in the B3 district, and in addition, the following uses shall be permitted:

         Antique shops.

         Art galleries, but not including auction rooms.

         Banks and financial institutions.

         Business machine sales and service.

         Carpet and rug stores.

         China and glassware stores.

         Coin and philatelic stores.

         Customer dressmaking.

         Dry goods stores.

         Electrical and household appliance stores, including radio and television sales.

         Furniture stores, including upholstering when conducted as part of the retail operations and secondary to the principal use.

         Furrier shops.

         Garden supply and seed stores.

         Hobby shops, for retail of items to be assembled or used away from the premises.

         Interior decorating shops, including upholstering and making of draperies, slipcovers and other similar articles, when conducted as part of the retail operations and secondary to the principal use.

         Jewelry stores, including watch repair.

         Leather goods and luggage stores.

         Liquor stores, package.

         Medical and dental clinics.

         Millinery shops.

         Musical instrument sales and repair.

         Office supply stores.

         Offices, business and professional.

         Optician sales, retail.

         Paint and wallpaper stores.

         Phonograph record and sheet music stores.

         Photography studios, including the developing of film and pictures when conducted as part of the retail business on the premises.

         Picture framing, when conducted for retail trade on the premises only.

         Post offices.

         Restaurants, including the serving of alcoholic beverages if incidental to the serving of food as the principal activity, but not including live entertainment and dancing.

         Sewing machine sales and service, household appliances only.

         Shoe stores.

         Sporting goods stores.

         Tailor shops.

         Telegraph offices.

         Ticket agencies, amusement.

         Tobacco shops.

         Toy shops.

         Travel bureaus and transportation ticket offices. (Ord. 63-1, 4-1-1963; amd. 1977 Code)

   (D)   Permitted Uses, B4 District:

      1.   Uses permitted in the B4 district are subject to the following conditions:

         a.   Dwelling units and lodging rooms are not permitted.

         b.   All goods produced on the premises shall be sold at retail on the premises where produced.

         c.   All business, storage, servicing or processing, except for off street parking or loading, shall be conducted within completely enclosed buildings.

         d.   Establishments of the "drive-in" type offering goods or services directly to customers waiting in parked motor vehicles are not permitted, except in the case of automobile service stations.

         e.   All activities involving the production, processing, cleaning, servicing, testing or repair of materials, goods or products shall conform with the performance standards established for the light industrial district in chapter 7 of this title; provided, that performance standards shall, in every case, be applied at the boundaries of the zoning lot on which such activities take place.

         f.   The parking of trucks and delivery vehicles as an accessory use, when enclosed parking for same is provided, and when used in the conduct of a permitted business listed hereafter in this subsection, shall be limited to vehicles of not over one and one-half (11/2) tons capacity. (Ord. 63-1, 4-1-1963)

      2.   Any use permitted in the B3 district, as set forth in subsection (C) of this section, shall be permitted in the B4 district, and in addition, the following uses shall be permitted:

         Automobile accessory stores.

         Automobile service stations, for the retail sale and dispensing of fuel, lubricants, tires, batteries, accessories and supplies, including installation and minor services customarily incidental thereto; facilities for chassis and gear lubrication and for washing of not more than two (2) vehicles are permitted only if enclosed in a building.

         Bicycle sales, rental and repair stores.

         Catering establishments.

         Dry cleaning establishments, employing not more than four (4) persons in addition to one owner or manager.

         Harness shops.

         Launderettes, automatic, self-service only, or hand laundries, employing not more than four (4) persons in addition to one owner or manager.

         Laundries, employing not more than four (4) persons in addition to one owner or manager.

         Locksmith shops.

         Medical and dental clinics.

         Newspaper distribution agencies, for home delivery and retail trade.

         Orthopedic and medical appliance stores, but not including the assembly or manufacture of such articles.

         Plumbing showrooms and shops.

         Radio and television service and repair shops.

         Religious institutions, churches, chapels, temples and synagogues.

         Vending machines, ice and milk sales. (Ord. 63-1, 4-1-1963; amd. Ord. 65-4, 9-27-1965)

   (E)   Permitted Uses, BP District:

         Uses permitted in the BP district are subject to the requirements of section 5-6-13 of this chapter and are subject to an approved development plan.

         Daycare centers in office buildings provided they are located on the ground floor and do not occupy more than twenty five percent (25%) of the ground floor area of such building.

         Office. Office uses include:

         Agricultural support and services (offices only) (NAICS 115).

         Business services (NAICS 55, 5611-5616, 5619, 8139).

         Civic and social organizations (NAICS 8132 -34).

         Educational services, such as business schools (NAICS 6114), technological, and trade schools (excluding public and private schools).

         Finance, banks, trusts, lending (NAICS 521, 522, 525, 533).

         Governmental offices (NAICS 92 excluding public service).

         Health services (NAICS 621).

         Insurance carriers, agents, brokers, and service (NAICS 524).

         Professional and technical services (NAICS 5411-5419).

         Real estate (NAICS 531).

         Security, commodity brokers and services (NAICS 523).

         Social services (NAICS 624) (except care facilities).

         Research uses. These are a combination of office, research and development facilities, provided the following conditions are met:

      1.   Such uses shall not involve the use, manufacture or storage of hazardous chemicals, alcohol, or explosives.

      2.   All products, produced or assembled on the premises in the research and development process must be of a nature that they can be shipped other than by rail or by trucks that must be designated as wide load designation in order to carry the product.

      3.   All such activities shall be within fully enclosed buildings.

      4.   The development plan permitting research uses shall contain a village approved architectural covenant that ensures a uniform quality of buildings. At a minimum, the architectural covenants shall govern permitted materials, provide for harmony between buildings, require three hundred sixty degree (360°) architectural detailing, and provide design standards to ensure windowless walls are not a negative factor.

      5.   No loading docks shall be visible beyond the boundaries of the development plan, and any such loading docks must be screened either by the buildings or by a combination of walls and landscaping.

      6.   No single building shall have a floor area in excess of forty thousand (40,000) square feet, and the total square footage for such use in any property included in a development plan shall be limited to the sum of forty thousand (40,000) square feet plus twenty thousand (20,000) for each additional building.

Restaurants located on the ground floor of an office building and occupying no more than twenty five percent (25%) of the ground floor of the building. (Ord. 04-01, 2-23-2004)

Special uses, as hereinafter listed, may be allowed in the zoning districts indicated, subject to the issuance of special use permits in accordance with the provisions of section 5-10-7 of this title.

   (A)   Special Uses, B1 District: The following special uses may be allowed in the B1 district, subject to the provisions of section 5-10-7 of this title:

      Accessory uses, incidental to, as determined by the zoning board of appeals, and on the same zoning lot as a principal use.

      Landfill.

      Parks.

      Public utility and service uses:

      Fire stations.

      Police stations.

      Waterworks, reservoirs, pumping stations and filtration plants.

      Other governmental buildings, including a Village hall.

      Signs in excess of thirty feet (30') in height from the curb level.

      Signs set back less than fifteen feet (15') from the front lot line. (Ord. 63-1, 4-1-1963; amd. Ord. 72-16, 12-18-1972)

   (B)   Special Uses, B2 District: Any special use allowed in the B1 District may be allowed in the B2 District, subject to the provisions of section 5-10-7 of this title.

   (C)   Special Uses, B3 District: Any special use allowed in the B1 District may be allowed in the B3 District, subject to the provisions of section 5-10-7 of this title, and in addition, the following special uses may be allowed:

      Parking lots, open and other than accessory, for the storage of private passenger automobiles and subject to the provisions of section 5-6-10 of this chapter.

      Recreation buildings and community centers, noncommercial.

      Summer theaters, which are theaters operated only during the months of May through October of any year within completely enclosed premises used for the performance of dramatic or musical productions by live performers. (Ord. 63-1, 4-1-1963; amd. Ord. 69-4, 7-28-1969)

   (D)   Special Uses, B4 District: Any special use allowed in the B3 District may be allowed in the B4 District, subject to the provisions of section 5-10-7 of this title, unless already permitted in subsection 5-6-3(D) of this chapter, and in addition the following special uses may be granted:

      Amusement establishments, bowling alleys, dance halls, gymnasiums, pool halls, skating rinks and swimming pools.

      Clubs, private (nonprofit).

      Convention halls.

      Garages, for storage, repair and servicing of motor vehicles of not over one and one-half (11/2) tons capacity, but not including body repair, painting or engine rebuilding.

      Hotels and motels.

      Laboratories, medical and dental.

      Public utility and service uses:

         Bus terminals, bus turnarounds (off street), bus garages and bus lots.

         Electric substations.

         Gas regulator stations.

         Railroad passenger stations.

         Railroad rights-of-way, but not including railroad yards and shops other than for passenger purposes.

         Telephone transmission equipment buildings, and microwave relay towers. (Ord. 63-1, 4-1-1963)

   (E)   Special Uses, BP District: The following special uses may be allowed in the BP District, subject to the provisions of section 5-10-7 of this title:

      Communications towers.

      Daycare centers, freestanding.

      Drive-throughs, provided drive-throughs serving restaurants are not permitted.

      Hospitals.

      Hotels within a development containing at least eight (8) lots. Such use shall, together with restaurants, occupy no more than ten percent (10%) of the land area covered by a development plan.

      Public and private schools, related administrative offices and athletic fields, playgrounds, parks, and parking of passenger automobiles.

      Restaurants as a freestanding building in a development containing at least eight (8) lots. Such uses shall, together with hotels, occupy no more than ten percent (10%) of the land area covered by a development plan. (Ord. 17-23, 12-19-2017)

Lot area requirements shall be as set forth under each zoning district.

No use shall be established or hereafter maintained on a lot recorded after April 1, 1963, which is of less area than prescribed hereinafter for such use in the zoning district in which it is to be located.

No existing building or dwelling unit shall be converted so as to conflict with, or further conflict with, the lot area requirements of the district in which such building is located.

   (A)   Minimum Lot Area, B1 District: In the B1 District the minimum lot area requirements shall not be less than those specified below:

      There shall be provided not less than two thousand five hundred (2,500) square feet of lot area for each business structure.

   (B)   Minimum Lot Area, B2 District: In the B2 District the minimum lot area requirements shall not be less than those specified below:

      The minimum requirements for lot area per business structure shall be the same as in the B1 District.

   (C)   Minimum Lot Area, B3 District: In the B3 District the minimum lot area requirements shall not be less than those specified below:

      The minimum requirements for lot area per business structure shall be the same as in the B1 District.

   (D)   Minimum Lot Area, B4 District: In the B4 District the minimum lot area requirements shall not be less than those specified below:

      The minimum requirements for lot area per business structure shall be the same as in the B1 District. (Ord. 63-1, 4-1-1963)

   (E)   Minimum Lot Area, BP District: In the BP District, the minimum lot area shall not be less than one acre for each structure. (Ord. 04-01, 2-23-2004)

Front yards shall be provided in accordance with the requirements set forth under each zoning district. Front yards shall be unobstructed from ground level to the sky, except as allowed in section 5-3-9 of this title. All accessory buildings which are attached to principal buildings (as attached garages) shall comply with the yard requirements of the principal building. (Ord. 63-1, 4-1-1963)

Exception: Telephone booths and coin operated telephones (outdoor) shall be permitted in the required front yard of all business districts with the exception of the BP District. However, if such telephone is installed near an intersection of two (2) streets or rights-of-way, the minimum setback from one of such intersecting right-of-way lines shall be twenty feet (20'). (Ord. 04-01, 2-23-2004)

   (A)   Minimum Front Yard, B1 District: In the B1 District there shall be provided a front yard of not less than fifty feet (50') in depth along the front lot line; except, however, agricultural buildings and structures shall provide a front yard of not less than one hundred fifty feet (150') in depth along the front lot line.

   (B)   Minimum Front Yard, B2 District: In the B2 District the regulations governing front yards in the B1 District shall apply.

   (C)   Minimum Front Yard, B3 District: In the B3 District the regulations governing front yards in the B1 District shall apply.

   (D)   Minimum Front Yard, B4 District: In the B4 District the regulations governing front yards in the B1 District shall apply. (Ord. 63-1, 4-1-1963)

   (E)   Minimum Front Yard, BP District: In the BP District there shall be provided a front yard of not less than fifty feet (50') in depth along the front lot line, except that along arterial roads the front yard shall have a depth of not less than one hundred feet (100'). (Ord. 04-01, 2-23-2004)

Where a business district adjoins a residence district, transitional yards shall be provided in accordance with the requirements set forth under each zoning district. Transitional yards shall be unobstructed from ground level to the sky, except as allowed in section 5-3-9 of this title.

   (A)   Minimum Transitional Yards, B1 District:

      1.   In the B1 district the minimum transitional yard requirements for all structures other than agricultural buildings and structures shall not be less than those specified below:

         a.   Where a side lot line coincides with a side or rear lot line in an adjacent residence district, a yard shall be provided along such side lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this title for a residential use on the adjacent residential lot.

         b.   Where a rear lot line coincides with a side lot line in an adjacent residence district, a yard shall be provided along such rear lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this title for a residential use on the adjacent residential lot.

         c.   Where a rear lot line coincides with a rear lot line in an adjacent residence district, a yard shall be provided along such rear lot line. Such yard shall be not less than fifty feet (50') in depth.

         d.   Where the extension of a front or side lot line coincides with the front lot line of an adjacent lot located in a residence district, a yard equal in depth to the minimum front yard required by this title on such adjacent residential lot shall be provided along such front or side lot line for a distance of at least fifty feet (50'), in addition to the width of any intervening alley, from such residential lot.

      2.   In the B1 district agricultural buildings and structures shall provide a transitional yard of not less than fifty feet (50') in depth along all lot lines that coincide with a lot line in an adjacent residence district.

   (B)   Minimum Transitional Yards, B2 District: In the B2 district the regulations governing transitional yards in the B1 district shall apply.

   (C)   Minimum Transitional Yards, B3 District: In the B3 district the regulations governing transitional yards in the B1 district shall apply.

   (D)   Minimum Transitional Yards, B4 District: In the B4 district the regulations governing transitional yards in the B1 district shall apply. (Ord. 63-1, 4-1-1963)

   (E)   Minimum Transitional Yards, BP District:

      1.   In the BP district the minimum transitional yard requirements shall be not less than those specified below:

         a.   The minimum transitional yard adjoining any parking areas shall be fifty feet (50') and shall require a buffer screening of four (4) canopy trees (3 inch caliper) and thirty three (33) shrubs (3 foot height) per one hundred (100) linear feet of parking area.

         b.   The minimum transitional yard adjoining any buildings shall be as follows:

            (1)   Buildings less than eighteen feet (18') in height: Fifty feet (50').

            (2)   Buildings eighteen (18) to thirty feet (30') in height: Seventy five feet (75').

            (3)   Buildings thirty one feet (31') or more in height: One hundred feet (100'). (Ord. 04-01, 2-23-2004)

The floor area requirements, as set forth under each zoning district, shall determine the maximum floor area allowable for the building or buildings (total floor area of both principal and accessory buildings) in direct ratio to the gross area of the zoning lot.

   (A)   Maximum Floor Area Ratio, B1 District: In the B1 district the floor area ratio shall not exceed one to two (1:2).

   (B)   Maximum Floor Area Ratio, B2 District: In the B2 district the floor area ratio shall not exceed one to two (1:2).

   (C)   Maximum Floor Area Ratio, B3 District: In the B3 district the floor area ratio shall not exceed one to two (1:2).

   (D)   Maximum Floor Area Ratio, B4 District: In the B4 district the floor area ratio shall not exceed one to two (1:2). (Ord. 63-1, 4-1-1963)

   (E)   Maximum Floor Area Ratio, BP District: In the BP district the floor area ratio shall not exceed 0.4 times the gross lot area. (Ord. 04-01, 2-23-2004)

The following bulk requirements for the BP district shall apply to each lot within the BP district and the building located on such lot:

   (A)   Minimum landscaped surface ratio shall not be less than 0.50 times the gross lot area.

   (B)   Maximum building coverage shall not exceed 0.30 times the gross lot area.

   (C)   Maximum building height shall not exceed forty five feet (45'). (Ord. 04-01, 2-23-2004)

   (A)   Regulations: Off street parking facilities for motor vehicles in business districts shall be provided in accordance with the regulations set forth hereafter, as well as in section 5-3-10 of this title.

   (B)   Area: A required off street parking space shall be at least nine feet (9') in width and at least eighteen feet (18') in length, exclusive of access drives or aisles, ramps, columns, or any use other than parking. Such space shall have a vertical clearance of at least eight feet (8'). (Ord. 04-01, 2-23-2004)

   (C)   Access: Each required off street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space. All off street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in such a manner as to minimize interference with traffic movement. No driveway across public property at the right of way line shall exceed a width of twenty five feet (25').

   (D)   In Yards: Off street parking spaces open to the sky may be located in any yard.

   (E)   Design And Maintenance:

      1.   Parking Spaces: Off street parking spaces shall be open to the sky.

      2.   Surfacing: All off street parking areas shall be improved with a compacted macadam base, not less than four inches (4") thick, surfaced with asphalt or treated with some comparable all weather dustless material.

      3.   Screening And Landscaping: All automobile parking areas shall be effectively screened on each side adjoining any property situated in a residence district or any institutional premises by a wall, fence or densely planted compact hedge, not less than five feet (5') nor more than eight feet (8') in height.

      4.   Lighting: Any lighting used to illuminate off street parking areas shall be directed away from residential properties in such a way as not to interfere with the residential use.

      5.   Repair And Service: No motor vehicle repair work or service of any kind shall be permitted in association with parking facilities in a B1 or B2 district. No gasoline or motor oil shall be sold in conjunction with any accessory parking facilities provided in a B1 or B2 district.

   (F)   Location: All parking spaces required to serve buildings or uses erected or established after the effective date hereof shall be located on the same zoning lot as the building or use served. Buildings or uses existing on the effective date hereof which are subsequently altered or enlarged so as to require the provision of parking spaces under this title may be served by parking facilities located on land other than the zoning lot on which the building or use served is located, provided such facilities are within five hundred feet (500') walking distance of a main entrance to the use served.

   (G)   Employee Parking: Parking spaces required on an employee basis shall be based on the maximum number of employees on duty on the premises at any one time. (Ord. 63-1, 4-1-1963; amd. Ord. 04-01, 2-23-2004)

   (H)   Parking Specifications: All uses in the business districts shall provide off street parking as in the following table:

   Table 5-6-10(H)

   PARKING STANDARDS

 

(Ord. 04-01, 2-23-2004)

Off street loading facilities accessory to uses allowed in business districts shall be provided in accordance with the regulations set forth hereinafter, as well as in section 5-3-10 of this title:

   (A)   Location: All required loading berths shall be located on the same zoning lot as the use served. All motor vehicle loading berths which abut a residence district or intervening alley separating a residence district from a business district shall be completely screened therefrom by building walls, or a uniformly painted solid fence, wall or door, or any combination thereof, which is an extension of the building wall and is not less than eight feet (8') in height. No permitted or required loading berth shall be located within thirty feet (30') of the nearest point of intersection of any two (2) streets. No loading berth shall be located in a required front or side yard, and any loading berth located in a required rear yard shall be open to the sky.

   (B)   Area: Unless otherwise specified, a required off street loading berth shall be at least ten feet (10') in width by at least twenty five feet (25') in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least fourteen feet (14').

   (C)   Access: Each required off street loading berth shall be designed with appropriate means of vehicular access to a street or alley in such a manner as to minimize interference with traffic movement.

   (D)   Surfacing: All open off street loading berths shall be improved with a compacted macadam base, not less than seven inches (7") thick, surfaced with not less than two inches (2") of asphalt or treated with some comparable all weather dustless material.

   (E)   Repair And Service: No motor vehicle repair work or service of any kind shall be permitted in association with loading facilities provided in any business district.

   (F)   Utilization: Space allocated to any off street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off street parking facilities or portions thereof.

   (G)   Minimum Facilities: Uses for which off street loading facilities are required herein but which are located in buildings of less floor area than the minimum prescribed for such required facilities, shall be provided with adequate receiving facilities, accessible by motor vehicle, off any adjacent alley, service drive or open space on the same zoning lot. (Ord. 63-1, 4-1-1963)

   (H)   Loading Specifications: All uses in the business districts shall provide off street loading as in the following table:

   Table 5-6-11(H)

   LOADING REQUIREMENTS

 

(Ord. 04-01, 2-23-2004)

Two (2) types of light sources or luminaries are available. One is a fixture having no cutoff, directing the light to limit view of the light source or luminaire. The second is a cutoff fixture, shielding the light source from view.

All business district property shall meet the following lighting standards:

   (A)   Type Of Fixture: All fixtures shall be cutoff fixtures that prevent the light source to be visible at the property line, except that decorative pedestrian lighting may be permitted subject to subsection (B) of this section.

   (B)   No Cutoff Lights: The actual light source for no cutoff decorative lighting shall be no more than 100 watt incandescent luminaire per fixture.

   (C)   Maximum Illumination Cutoff Luminaries: The maximum illumination from cutoff luminaries at a property line with abutting residential shall be one-tenth (0.1) foot-candle. On abutting nonresidential properties or public streets the maximum illumination at the property line shall be two (2) foot-candles. Where residential is across a street the maximum illumination at the use's boundary shall not increase the ambient light on centerline of the street. The maximum illumination at any one point shall not exceed forty (40) foot-candles.

   (D)   Maximum Illumination No Cutoff Luminaries: The maximum illumination from no cutoff luminaries at a distance ten feet (10') in from a property line with abutting residential shall be one-tenth (0.1) foot-candle. On abutting nonresidential properties or public streets the maximum illumination at the property line shall be three (3) foot-candles. Where residential is across a street the maximum illumination at the use's boundary shall be one foot-candle. The maximum illumination at any one point shall not exceed fifteen (15) foot-candles.

   (E)   Maximum Height: Any lighting fixture or luminaire that exceeds twenty feet (20') in height or proposes more than 400 watts or more than three (3) luminaries per pole shall be approved as a special use and reviewed for impact on all surrounding uses.

   (F)   Floodlights: The use of floodlights or other lighting that is in excess of these standards may be requested as a special use permit.

      1.   The lighting shall be necessary for safety or health requirements.

      2.   The applicant shall have to demonstrate that buffer yards are in place that screen neighboring residential properties from glare reaching their windows.

Shielded spots shall be screened by evergreen landscaping, walls, berms, or cutoff shielding so the light source is not visible off site. In most cases, a combination of cutoff shielding and a landscape or other feature will be needed to provide the necessary screening.

   (G)   Hours: The lighting shall be extinguished between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. except that lighting may be allowed to remain on for one-half (1/2) hour after the end of an event in the building but not later than one minute past twelve o'clock (12:01) A.M., provided a permit has been issued in advance of such event by the zoning enforcement officer. The enforcing officer may permit security lighting or lighting for maintenance or other after hours employees, provided such lighting shall be on separate circuits and the areas to remain lighted must be located or screened in such a way to reduce impact substantially from the normal lighting. (Ord. 04-01, 2-23-2004)

No subdivision shall be approved under title 6 of this code nor shall any building permit be issued until a development plan is approved as provided in this section.

The owner or owners of any tract of land within the BP district shall submit to the president and board of trustees a plan for the use and development of all the tract of land. The proposed development plan shall first be submitted in preliminary form. The preliminary development plan shall be referred to the plan commission for study, public hearing, and report. The plan commission, upon receipt of the preliminary development plan, shall set a day certain for a public hearing thereon. Notice of the time and place of such public hearing shall be published at least once, not less than fifteen (15) days nor more than thirty (30) days before the hearing, in a newspaper of general circulation in the village.

Upon approval by the plan commission of the preliminary development plan, after a public hearing thereon, the applicant shall, within one hundred twenty (120) days thereof, present to the plan commission a final development plan which shall not vary materially from the approved preliminary plan, for final approval by the plan commission.

The plan commission shall within thirty (30) days from the receipt of the final plan make its report and recommendations to the president and board of trustees with such additional conditions as are, in its opinion, necessary to fulfill the objectives of this chapter; provided, however, that if the preliminary plan had received the approval of the plan commission, the final plan shall be so approved, with or without conditions, if the final plan is substantially the same as the preliminary plan, and the planned uses shall be consistent with the permitted and special uses (if a special use permit has been issued) in the BP district.

In its consideration of the preliminary development plan, the plan commission shall require evidence that:

   (A)   The plan complies with the requirements of this title, including, section 5-6-14 of this chapter;

   (B)   The property in the general vicinity of the area included in the plan will not be adversely affected;

   (C)   The plan is consistent with the intent and purpose of the zoning regulations of the village to promote public health, safety, and welfare;

   (D)   The planned use shall form a compatible, harmonious community group or groups;

   (E)   The development plan provides for a uniform quality of buildings pursuant to a village approved architectural covenant, requiring, at a minimum, permitted materials and harmony between buildings; and

   (F)   Any unobstructed open space or conservation area whose acreage shall be utilized in the determination of the common land, if any be provided, shall, upon the recommendation of the plan commission, be designated as such on the plan and conservation area established by conveyance or easement to the village or other not for profit entity approved by the village to ensure the continued existence and maintenance of said area. (Ord. 04-01, 2-23-2004)

The following standards shall apply to all development plans submitted pursuant to section 5-6-13 of this chapter:

   (A)   Parking Lot Landscaping: For every three (3) spaces there shall be at least one canopy tree planted. The trees shall be planted in islands between parking spaces, at the ends of aisles, or between aisles. The minimum width of a planting island shall be five feet (5') of pervious material suitable as a planting medium.

   (B)   Street Landscaping: For each one hundred feet (100') of street, four (4) canopy trees shall be planted on each side of the street.

   (C)   Lot Landscaping: For each acre of land not covered by pervious surfaces (roads, parking, buildings, or walks) there shall be six (6) canopy trees, and six (6) understory or evergreen trees planted per a landscape plan approved by the plan commission.

   (D)   Trees: All canopy trees shall be three inch (3") caliper. Understory trees shall be two inch (2") caliper, and evergreens seven (7) to eight feet (8') in height.

   (E)   Loading, Truck Access, And Waste Storage: Where loading and truck access is in the yard between residential uses or vacant land that is zoned for residential use or faces a public street, the area shall be enclosed. If the wall or berm options are used, the plan commission may require additional landscape planting to further screen the area.

   (F)   Accessory Waste Or Trash Storage: Where dumpsters or common waste storage facilities are used they shall be located to be screened from view from public roads or residential areas. The area where a dumpster and/or garbage cans are stored shall be fully enclosed with a wood or masonry fence (or other durable low maintenance materials approved by the plan commission) or berms. The gates shall be kept closed. The area shall be landscaped, with hedges planted to screen the wall and one canopy, understory, or evergreen tree per fifty feet (50') of perimeter wall or berm.

   (G)   Building Materials: The following are approved building materials: masonry (brick or stone), curtain walls (except reflective glass), and wood. Metal sided buildings are prohibited. Concrete block (but not concrete brick or concrete curtain wall) is prohibited. The prohibited materials may be permitted only if the plan commission finds the buildings to have sufficient architectural detailing so as to be of the same architectural quality and character as buildings built with the permitted materials. Reflective glass is prohibited to ensure that reflected rays from the sun do not create glare visible in residential areas. Where a building is in a wooded area that screens all residential uses, the plan commission may, upon consideration of such effect, permit the use of reflective glass.

   (H)   Sign Package: All signage proposed for the development shall be described in a sign package, including such detail as may be required by the plan commission. (Ord. 04-01, 2-23-2004)

   (A)   Notice Of Intent: All applicants for a development plan shall notify the village clerk of their intention to develop land within a BP district.

   (B)   Preapplication Conference: All applicants for development within a BP district are encouraged to request a preapplication conference with the plan commission. No more than one preapplication conference shall be held for any proposed development, other than as may be permitted by the plan commission.

   (C)   Development Plan Review: All proposed development plans shall be reviewed by the village in the following steps:

      1.   Preliminary plan approval, pursuant to the provisions of subsection 5-6-14-2(A) of this chapter.

      2.   Final plan approval, pursuant to the provisions of subsection 5-6-14-2(B) of this chapter.

   (D)   Submission Of Applications; Determination Of Completeness Of Applications And Supporting Documentation: An application for preliminary or final development plan approval shall be submitted to the village clerk on a form to be provided by the village, accompanied by thirty (30) copies thereof (plus 2 dimensionally stabilized reproducible copies), thirty (30) copies of all required documentation, and all required fees (together, "the application") on or before the deadlines for submittal established annually by the village. All plans accompanying the application shall also be submitted in an electronic format as may be from time to time determined by the village. Within five (5) days after receipt of an application for preliminary or final development plan approval, as the case may be, the village engineer shall determine if the application is complete. If the application is complete and the filing fee paid, it shall be referred to the staff for review in accordance with the terms of the applicable subsections. If the village engineer determines that the application is incomplete, the applicant shall be notified in writing of the deficiencies of the application. For the purposes of this section "completeness" shall mean that all required documentation has been submitted; it shall not mean that the application conforms to the standards of this title.

   (E)   Plan Commission Consideration: All applications for preliminary or final development plan approval, as the case may be, shall be considered by the plan commission in accordance with the established submittal schedule, except as such date may be extended by mutual consent.

   (F)   Waiver Of Submission Requirements: In the event the plan commission determines, at the request of an applicant, that any of the matters required to be submitted as part of an application are not necessary to the proper review of a particular proposal, the commission may waive the requirement if it determines that such waiver is consistent with the purposes of this section.

   (G)   Filing Fee: A filing fee of five thousand dollars ($5,000.00) plus five hundred dollars ($500.00) per acre shall be paid at the time a preliminary development plan is submitted to the village clerk.

   (H)   Review Expenses:

      1.   The applicant shall reimburse the village for the entire cost incurred in reviewing the preliminary development plan, the final development plan, and accompanying submittals; for reprinting any documents submitted with the preliminary or final development plan; and in publishing notice. Review expenses also shall include the fees and costs incurred by the village engineer, the village attorney or special counsel, or any other expert deemed necessary or desirable by the chairman of the plan commission, in regard to the proposed village of Barrington Hills development plan for every discussion or meeting after the preapplication conference.

      2.   The village clerk shall bill the applicant monthly for the review expenses incurred by the village. The applicant shall pay such expenses within ten (10) days after receipt of an invoice from the village. No further processing shall occur if an invoice remains unpaid for thirty (30) days after the invoice date (or, if earlier, the next scheduled date for some action to be taken), and in no event shall a preliminary or final development plan be approved by the village board unless the applicant has paid all review expenses which have been billed prior to the date of consideration of such preliminary or final development plan.

      3.   Upon approval of the applicant's final development plan by the board of trustees, the village clerk shall determine the balance of any unbilled review expenses. Credit toward said balance of review expenses shall be given for the filing fee paid pursuant to subsection (G) of this section. In the event the said balance exceeds the filing fee, such excess cost shall be paid within ten (10) days of receipt of village invoice. (Ord. 04-01, 2-23-2004)

   (A)   Preliminary Plan:

      1.   Purpose: The purpose of the preliminary plan is to provide the village with sufficient information to evaluate a proposed development at an early stage in the process in order to permit alterations in plans as may be required prior to the developer incurring large expenditures in the preparation of the final development plan.

      2.   Application: In addition to the requirements of subsection 5-6-14-1(D) of this chapter, applications for preliminary plan approval shall contain the following:

         a.   Location And Description Of Property: Location and legal description of property by county, township, section number, development (with block and lot numbers), place or locality name as applicable shall be specified, and in case of unsubdivided properties, location on roads by which property is reached.

         b.   Information As To Ownership:

            (1)   Name, address and telephone number of the legal owner, beneficial owner or owners and any persons enjoying options or rights to acquire the property.

            (2)   Title insurance commitment or policy, including access endorsement, dated within sixty (60) days of the date of the application submittal, and a sworn statement of any changes to legal or beneficiary ownership or any contracts, options, leases and/or easements, licenses or covenants granted or reserved subsequent to the date of the title commitment or policy.

            (3)   A copy of the recorded instruments granting, conveying or reserving any existing legal rights of way or easements affecting the property.

            (4)   A copy of the instruments creating any covenant affecting the property.

            (5)   The applicant shall have an affirmative obligation to provide, without request from the village, updated information as any of the above described information may change between the time of submittal and the approval and execution of the final development plan.

         c.   Applicant's Representatives: Name, address and telephone number of engineer, surveyor and other professionals and technicians responsible for surveys and for plan design, legal representation, and any other representation of the applicant.

         d.   Preliminary Analysis And Inventory: Preliminary inventory and analysis of the site and surrounding properties, for a distance of not less than one thousand feet (1,000'). To the extent that they relate to the site, such inventory and analysis shall consider topography; soils and geology; waterways, wetlands and drainage; vegetation; wildlife; historic features; adjacent land uses and zoning; utilities and related easements; riding trails, roadways and traffic circulation; and other information critical to an understanding of the capability of the site to accommodate the proposed development. Aerial photographs may be required by the plan commission.

         e.   Preliminary Plan Proposals: Preliminary plan proposals which shall include alternatives therefor, describing proposed uses and densities; general parking and circulation layout; water supply, wastewater and storm water management; conservation and landscaping; ownership and maintenance concepts, site lighting; and other features that characterize the proposed development.

         f.   Basic Facts And Proposals: Basic facts and proposals pertaining to the property, including:

            (1)   Size of tract in acres or existing lots, if any, in square feet.

            (2)   Gross lot area, net lot area and zoning lot area for each lot within the development, plus minimum, average and maximum gross lot area for the development as a whole.

            (3)   Areas to be preserved as public or private open space.

            (4)   Number and area of parcels of land intended to be dedicated, conveyed or reserved for public use, and the conditions proposed for such disposal and use.

         g.   Plan Submission Requirements: The preliminary development plan shall be submitted in the following manner:

            (1)   Plan Scale: The preliminary development plan shall be drawn at a scale suitable to the project involved. Unless otherwise determined by the village engineer, a scale of one hundred feet to the inch (100' = 1") shall be used. Drawings shall be oriented so that north is at the top of the sheet, with a north arrow shown. The date of latest revision also shall be shown. The preliminary development plan shall also be submitted in an electronic format prescribed by the village from time to time.

            (2)   Sheet Identification: Each separate sheet shall be entitled according to its subject matter and identified with the development. Any other appropriate identification of the land, scale, contour intervals, north arrow, date of preparation, including the date of latest revision, etc., shall be included.

            (3)   Vicinity Sketch: A vicinity sketch or small scale key map of the area surrounding the property to be developed shall be included.

            (4)   Existing Features:

               A.    Every preliminary development plan shall show clearly the extent and condition of the property which is included in the development plan, together with sufficient information with respect to existing conditions in adjoining properties for a distance of not less than one thousand feet (1,000') from the proposed development which will enable proper determinations to be made as to the suitability of the proposed development.

               B.    The boundary of the property shall be shown by bold lines. The bearing and distance of each course in the boundary outline shall be provided.

               C.    The true relationship between the boundary of the property and the right of way of existing roads upon which it may border, together with the location of existing improvements in such right of way shall also be provided. Existing permanent buildings shall be shown.

               D.    The relationship between the property and the village coordinate system.

            (5)   Additional Information:

               A.    The names of owners of unsubdivided and subdivided property within two thousand feet (2,000') of the boundaries of the proposed development, but not more than two hundred fifty feet (250') beyond the boundaries of the village.

               B.    The location, name and present width of right of way and paving or improved surfacing for all adjacent roads, streets and alleys, including those intersecting any road or street that bounds the property.

               C.    Identification by block and lot number of recorded lots or parcels immediately adjoining the subject property.

               D.    The location, width and type of use of any existing roads, rights of way, easements or other special purpose areas, including riding trails, within the property, or immediately adjacent thereto, together with the location of any towers, poles or other structures in connection with electric transmission lines, and communication systems.

               E.    Approximate location of any existing underground facilities, sewers, culverts, water mains, storm drains, gas or oil transmission lines, etc., within the property or immediately adjacent thereto, with pipe sizes and directions of slope.

               F.    Existing topography showing contours at two foot (2') intervals for land that slopes more than two percent (2%) or one foot (1') intervals for land that slopes less than two percent (2%), together with drainage channels, streams, springs, swamps, rock outcrops, buildings, wooded areas or other features likely to affect the plan. All contours shall be on USGS datum and shall be determined from current field data or aerial photography. If any part of the proposed subdivision is subject to flooding, a line indicating the water surface elevation of the 100-year flood shall be shown on the drawing.

               G.    The plan commission may allow the omission of contours from plans of those development plans which do not require the installation of on site drainage retention or detention; provided that each plan from which contours are omitted shall be accompanied by a surveyor's certification that no part of the proposed development consists of flood hazard areas.

            (6)   Preliminary Landscape Plan: A general depiction of proposed landscaping plan required by subsection (B) of this section shall be provided. In addition, to assist in the overall planning procedure and location of proposed improvements, existing tree growth and ground cover within a proposed development shall be identified and located in accordance with the following categories:

               A.    Undisturbed Areas: Within areas which will not be disturbed by construction of improvements, tree growth shall be designated only by an outline of the forested areas. The various tree species within forested areas and freestanding trees shall be designated.

               B.    Disturbed Areas: Within areas to be disturbed by construction of improvements, a tree inventory shall be made showing the location, size and species of all trees over ten inches (10") in diameter as measured at a point two feet (2') above natural ground. Existing ground cover in all areas to be disturbed by construction shall be delineated.

The above required inventories shall be prepared by a practicing arborist or landscape architect. All plants will be designated using their English names.

            (7)   Preliminary Development Plan: The preliminary development plans shall show, superimposed upon the drawing of the property outlines and its existing features, a graphic representation of the development which is being proposed for approval. The items to be shown, as applicable in each case, include the following:

               A.    General Site Plan Data: Site plan data shall be compiled to identify: net site area; projected density, total floor area; floor area ratio; ground coverage of buildings; impervious surface coverage; maximum building height; numbers of buildings by building type; and subcategories of data of each type of land use, if mixed use is proposed for the site.

               B.    Existing Zoning And Uses: Existing zoning districts and current use of the land on the site and on adjacent property.

               C.    Layout Of Streets: Details showing right of way and pavement widths, proposed street names (unless the street is an extension of an already named street, in which event that name shall be used) and showing proposed through streets extended to the boundaries of the development.

               D.    Layout, Numbers, And Dimensions Of Proposed Lots, Building Envelopes, And Uses: Layout, numbers and typical dimensions of any subdivided lots and building locations to the nearest foot; and the proposed land use for each lot, parcel, or tract.

               E.    Setbacks: Proposed setback lines and dimensions.

               F.   Proposed Buildings: All proposed buildings, indicating their use, height, number of units or floor area, and building materials.

               G.    Open Space Areas: Areas other than street right of way intended to be dedicated or reserved for open space or other public use and showing the approximate area in acres of open space areas.

               H.    Sidewalks And Pedestrian And Riding Trails: Pedestrian facility information including: dimensions of all sidewalks and pedestrian and riding trails.

               I.    Parking And Loading: Parking and loading information including: number of parking/loading spaces required and provided; dimensions of all spaces and maneuvering aisles; number and location of barrier free parking spaces; pavement details for all proposed parking and loading areas; and proposed methods of screening.

               J.    Location And Screening Of Waste Receptacles: Location of waste receptacle(s) and proposed method of screening. All dumpster enclosures shall be designed to be compatible with the building architecture.

               K.    Screening And Ground Mounted And Rooftop Mechanical Equipment: The proposed method of screening for all exterior mechanical equipment shall be shown on the building elevations (if rooftop) or the site plan (if ground mounted). All screening shall be designed to be architecturally compatible with the building.

         h.   Additional Information: Such other information as may be required by the plan commission or board of trustees.

      3.   Notification Of Neighboring Property Owners:

         a.   All property owners within two thousand feet (2,000') of the boundaries of the tract of land being considered for development, but not more than two hundred fifty feet (250') beyond the boundaries of the village, shall be notified by the applicant in person or by certified mail a minimum of fifteen (15) days prior to the plan commission hearing on the preliminary plan.

         b.   In addition, at least fifteen (15) days prior to the plan commission hearing, a two foot by three foot (2' x 3') notice thereof, including such information as shall be described in the application form, shall be posted by the applicant in plain view on the road or street frontages of the property for which the application has been filed.

         c.   Notice of the plan commission hearing shall be submitted by the village clerk for publication in a newspaper of general circulation in the village at least fifteen (15) days and no more than thirty (30) days prior to the date of the plan commission hearing.

         d.   Prior to the opening of the plan commission public hearing, the applicant shall present to the village attorney or special counsel a sworn statement that notice as required herein was given by the applicant to the persons at the addresses shown on a list to be attached to the sworn statement.

      4.   Staff Review: If an application for preliminary plan approval is determined to be complete, as provided in subsection 5-6-14-1(D) of this chapter, the application for preliminary plan approval shall be reviewed by the village engineer, the village planner and the village attorney or special counsel (hereinafter "staff"). Staff shall, submit a report or reports thereon to the plan commission within fourteen (14) days after the determination of completeness. Staff may post the application and preliminary plan on the village website so as to engender public comment.

      5.   Plan Commission Review And Action:

         a.   The plan commission shall review the preliminary development plan at its next regularly scheduled meeting following receipt of the report or reports from staff, unless such time is extended by mutual consent, and shall recommend to the board of trustees the approval, with or without conditions, or disapproval of the preliminary development plan.

         b.   The plan commission may permit any applicant to make any changes or additions as may be required by the plan commission prior to submission of its recommendation to the board of trustees.

         c.   The recommendation of the plan commission shall be in writing, shall state the basis for the recommended action, and shall report on:

            (1)   The conformity of the preliminary development plan with the village's comprehensive plan;

            (2)   The conformity of the preliminary development plan with the purposes, objectives, standards and criteria of this title, including specification of any variances requested;

            (3)   The Illinois department of conservation's endangered and threatened species consultation; and

            (4)   The report of the soil conservation district.

         d.   If the recommendation of the plan commission on the proposed development plan is for disapproval, the plan commission shall furnish the applicant with a written statement of the reasons for such disapproval, forwarding a copy of said statement to the board of trustees. Such disapproval does not constitute rejection.

         e.   After action on the preliminary development plan by the plan commission, the plan commission shall file with the village clerk one copy of the proposed development plan, together with the recommendation of the commission. The village clerk shall submit the development plan and recommendation of the commission to the board of trustees.

      6.   Board Of Trustees Review And Action:

         a.   At its next regularly scheduled meeting following receipt of the proposed preliminary development plan and the recommendation of the plan commission, the board of trustees shall consider the development plan and the commission's recommendation in accordance with the purposes, objectives, standards and criteria of this title. The board of trustees shall then approve the preliminary development plan, with or without conditions, or disapprove it.

         b.   Upon disapproval of the preliminary development plan by the board of trustees, the board of trustees shall return the development plan to the applicant and the plan commission with a written statement setting forth the reasons for said disapproval. Once deficiencies are corrected, the applicant may resubmit the preliminary development plan to the village clerk for referral to staff and the plan commission, in accordance with the procedures set forth in this title, without additional filing fees.

         c.   If the proposed preliminary development plan is approved by the board of trustees, the original and one print or copy of the plat shall be endorsed by the board of trustees as follows:

The village may post the approved preliminary development plan on the village web site or otherwise make the same publicly available for comment.

      7.   Authority To Proceed With Final Development Plan: Receipt by the applicant of the copy of the endorsed preliminary development plan together with the approval of the board of trustees, shall constitute authority for the applicant to proceed with the final development plan.

      8.   Time Limit On Submission Of Development Plan: After approval of the preliminary development plan by the board of trustees, the applicant shall, within twelve (12) months thereafter, submit an application for final development plan approval. If a phasing plan was approved as part of the preliminary development plan, the applicant may submit a final development plan constituting only that portion of the approved preliminary development plan which he proposes to develop at the time, provided that such portion conforms in all respects to the preliminary development plan. If final development plan covering all portions of the preliminary development plan is not submitted within twenty four (24) months after the date of approval of the preliminary development plan by the board of trustees, the preliminary development plan shall be resubmitted according to the regulations of subsection 5-6-14-1(D) of this chapter.

   (B)   Final Development Plan:

      1.   Purpose: Upon approval of the preliminary development plan, an application for final development plan approval may be filed to fully describe the proposed development, including final engineering.

      2.   Application: In addition to the requirements of subsection (A) of this section, applications for final development plan approval shall contain the following:

         a.   Date: The date of preliminary development plan approval and identification of any changes from said approved development plan.

         b.   Drawing: The final development plan shall be clearly and legibly drawn in black ink upon tracing cloth or Mylar to a scale of one inch equals one hundred feet (1" = 100') or larger from an accurate survey. All notations of distances, bearings and labels shall have a minimum height of one-tenth inch (1/10"). It shall be drawn on one or more sheets whose maximum dimensions shall not exceed twenty four inches by thirty six inches (24" x 36"). If more than two (2) sheets are required, an index sheet of the same dimensions shall be filed showing the entire plan on one sheet and the component areas shown on the other sheet or sheets. The drawing shall be oriented so that north is at the top of the sheet. The final development plan shall show:

            (1)   Boundary lines with accurate distances and angles or bearings.

            (2)   Municipal, township or section lines accurately tied to lines of the subdivision by distances and angles and the description of any section corner monuments.

            (3)   The relationship between the property and the village coordinate system.

            (4)   Correct legal description of the land embraced in the development plan, showing the township and range in which such land is situated. If there is any excepted parcel within the development plan boundary, it must be accurately described by metes, bounds and courses.

            (5)   Lines of all proposed streets and alleys with their widths and names.

            (6)   Accurate outline of any portions of the property intended to be dedicated or granted for public use.

            (7)   Line of departure of one street from another.

            (8)   Names and widths of adjoining streets and alleys.

            (9)   Building setback lines.

            (10)   Location of all easements, labeled for their intended uses.

            (11)   All dimensions, both linear and angular, necessary for locating the boundaries of the lots, streets, alleys, easements and other areas for public or private use. Linear dimensions are to be given to the nearest one one-hundredth of a foot (1/100').

            (12)   Radii, arcs or chords, points of tangency and central angles for all curvilinear streets and radii for rounded corners.

            (13)   Location of all required monuments and their descriptions.

            (14)   Name of the development, scale of the plan, true north point, the name of owner or owners, of applicant, if different, and date of preparation, including the date of the latest revision.

         c.   Final Landscape Plan: A landscape plan shall be prepared by a practicing landscape architect in accordance with the standards in subsection (A)2g(6) of this section and contain the following information:

            (1)   Plant name, both Latin and English.

            (2)   Planting location.

            (3)   Number of plants in any one location.

            (4)   Total number of plants to be provided.

         d.   Improvement Plans: Improvement plans showing street profiles for each new street and all drainage improvements in the proposed development shall be submitted in accordance with the standards of sections 6-4-3 and 6-4-4 of this code. However, in cases where grades of streets involved are already established, such improvement plans may not be required if determined by the village engineer to not be necessary. All plans shall be prepared under the supervision of a registered professional engineer whose experience and educational background is civil engineering. Plans submitted for the improvements shall contain the following minimum information:

            (1)   Title or cover sheet.

            (2)   Large scale location map showing the general area of the development.

            (3)   General notes as required.

            (4)   Typical street sections.

            (5)   Summary of quantities with a per sheet breakdown.

            (6)   Layout plan, if required, for clarity.

            (7)   Plan and profile sheets, scale one inch equals fifty feet (1" = 50') H, one inch equals five feet (1" = 5') V or one inch equals twenty feet (1" = 20') H, one inch equals two feet (1" = 2') V.

            (8)   Landscape plan.

            (9)   Erosion control details.

            (10)   Special construction details, as required.

            (11)   Cross section sheets.

            (12)   Standard construction details as required.

            (13)   Floor plans and elevations for all existing and proposed buildings.

            (14)   A site lighting plan.

            (15)   Perspective drawings of the proposed structures.

            (16)   Sign elevations.

Plans shall be prepared in ink on twenty four inch by thirty six inch (24" x 36") linen or Mylar sheets conforming to federal aid standards and shall be submitted in an electronic format as prescribed by the village from time to time.

         e.   Designation Of Existing Or Proposed Streets: Designation of existing or proposed streets to be used during construction of the proposed development.

         f.   Topographic Overlay: A surface water drainage plan and topographical map (referred to as "the topographic overlay") in accordance with 765 Illinois Compiled Statutes.

      3.   Staff Review: If an application for final development plan approval is determined to be complete, as provided in subsection 5-6-14-1(D) of this chapter, the application shall be reviewed by staff. Staff shall submit a report or reports thereon to the plan commission within twenty eight (28) days after the determination of completeness of the application. The village engineer shall then return the development plan to the plan commission together with a report indicating that plans and specifications and technical details have been checked and found satisfactory or his recommendations for corrections. At any time the final development plan may be posted on the village website or otherwise made publicly available for comment.

      4.   Plan Commission Review And Action: The plan commission shall review the final development plan at its next regularly scheduled meeting following receipt of the report or reports from staff, unless such period is extended by mutual consent. If the plan commission determines that the final development plan conforms to the approved preliminary development plan and that the final development plan meets all requirements of this title, the commission shall recommend approval of the final development plan, with or without conditions. If the plan commission determines that the final development plan does not conform to this title, then the commission shall recommend disapproval to the board of trustees. The plan commission shall transmit the final development plan and all supporting documents to the board of trustees for consideration at their next regular meeting following plan commission action.

      5.   Board Of Trustees Review And Action: At its next regular meeting following action on a final development plan by the plan commission and such other bodies as may be required by applicable law, the board of trustees shall consider the final development plan. The board of trustees shall either adopt the recommendations of the plan commission and approve the planned development, with or without conditions, or reject the recommendations of the plan commission and approve or disapprove the planned development, with or without conditions. (Ord. 04-01, 2-23-2004)

   (A)   Where the plan commission finds that extra hardships or particular difficulties may result from strict compliance with the development plan regulations under this section or section 5-6-13 or 5-6-14 of this chapter, the plan commission may recommend variations or exceptions to such regulations so that substantial justice may be done and the public interest secured. Such variations or exceptions shall not, however, have the effect of nullifying the intent and purpose of this title. The plan commission shall not recommend variations or exceptions to the development plan regulations unless it shall make findings based upon the evidence presented in each specific case that:

      1.   Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out;

      2.   The conditions upon which the request for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property;

      3.   The purpose of the variation is not based exclusively upon a desire to increase the economic return from the development of the property;

      4.   The granting of the variation will not be detrimental to public health, safety or general welfare or injurious to other property or improvements in the neighborhood in which the property is located;

      5.   The special circumstances or conditions have not resulted from any act of the applicant subsequent to the effective date hereof, whether or not in violation of any portion thereof;

      6.   The variation granted is the minimum adjustment necessary for the reasonable use of the land; and

      7.   The aforesaid circumstances or conditions are such that the strict application of the provisions of this title would deprive the applicant of the reasonable use of his land. Mere loss in value shall not justify a variation; there must be deprivation of beneficial use of land.

   (B)   The plan commission shall submit a report to the board of trustees regarding the basis and justification for any variations recommended. (Ord. 04-01, 2-23-2004)