Bourbonnais City Zoning Code

ARTICLE XIV

- ADMINISTRATION AND ENFORCEMENT

Sec. 36-14-1. - Administrative officials and bodies.

(a)

Zoning administrator.

(1)

General powers. The zoning administrator will be charged with the administration and enforcement of this Code. In addition to the jurisdiction, authority and duties conferred on the zoning administrator by other provisions of state statutes and village codes and ordinances, the zoning administrator will have all powers necessary to such administration and enforcement, and will, in particular, have the jurisdiction, authority and duties hereinafter set forth.

(2)

Rules; regulations; application forms. The zoning administrator will, consistent with the express standards, purposes and intent of this Code, promulgate, adopt and issue procedural rules, regulations and forms as are in the zoning administrator's opinion necessary to the effective administration and enforcement of the provisions of this Code.

(3)

Staff assistance to the planning and zoning commission. The zoning administrator will make staff and consulting assistance available to the planning and zoning commission, and the zoning administrator, or her delegate, will in that capacity:

Attend the meetings of the planning and zoning commission;

Inform the planning and zoning commission of all facts and information at the zoning administrator's disposal with respect to any matter brought before the planning and zoning commission;

Assist the planning and zoning commission by performing research and making recommendations on matters brought before the planning and zoning commission; and

Perform such other duties as may be assigned to the zoning administrator by this Code and by the direction of the village administrator.

(4)

Records. The zoning administrator will, subject to village record retention policies, maintain:

Permanent and current records of this Code, including all maps; amendments; special use permits; planned development and site plan approvals and denials; interpretations; and decisions rendered by the planning and zoning commission, the village attorney and the zoning administrator, together with relevant background files and materials and final disposition of the village board; and

A current file of all certificates of zoning compliance, all certificates of occupancy and notices of violations, terminations, discontinuance or removal, issued by or entrusted to zoning administrator's office, for such times necessary to ensure continuous compliance with the provisions of this Code.

(5)

Zoning text; zoning map. The zoning administrator will prepare and have available for public sale on or before March 31 of each year:

The compiled text of this Code in book or pamphlet form, including all amendments thereto through the preceding December 31; and

The official zoning map, showing the zoning districts, divisions and classifications in effect on the preceding December 31.

The zoning administrator will, at all other times, maintain, and have available for reproduction, at least one up-to-date copy of both this Code text and the zoning map, showing all amendments through the most recent meeting of a village board for which official minutes have been approved.

(6)

Applications. Receipt, processing, referral to interested parties and agencies. The zoning administrator will receive all applications required to be filed pursuant to this Code and determine when any application is complete. Upon receipt of any such application, the Zoning Administrator will see to its processing, including its referral to and retrieval from each official department, board or commission of the Village, or other government, with any interest or duty with respect to such application. Unless otherwise provided, the Zoning Administrator may waive any application requirements that require the submission of supporting information where the applicant demonstrates to the satisfaction of the Zoning Administrator that the information required is not relevant to or necessary for the determination of the application submitted.

(7)

Investigation of applications. Whenever the planning and zoning commission or the village board will, by general rule or specific direction, so request, the zoning administrator will conduct or cause to be conducted such surveys, investigations and field studies, and will prepare or cause to be prepared such reports, maps, photographs, charts and exhibits, as will be necessary and appropriate to the processing of any application filed pursuant to this Code.

(8)

Zoning certificates. Pursuant to the provisions of subsections 36-14-4(a) and 36-14-4(b) of this article, the zoning administrator will review all applications for certificates of zoning compliance and certificates of occupancy and approve or disapprove such applications and issue or refuse to issue such certificates based on compliance or noncompliance with the provisions of this Code.

(9)

Interpretations. Pursuant to the provisions of subsection 36-14-5(a) of this article, the zoning administrator will issue her written interpretation of the meaning and applicability of specific provisions of this Code. Any interpretation of this Code that may be rendered by the planning and zoning commission or the zoning administrator will be kept on file with the zoning administrator and will be a public record of the village.

(10)

Approval of site plans. Pursuant to the provisions of subsection 36-14-6(d) of this article, the zoning administrator will have authority to review and approve or deny applications for site plan approval in this cases specified in subsection 36-14-6(d)(6).

(11)

Planned development and site plan modifications. Pursuant to the provisions of subsections 36-14-6(c) and 36-14-6(d) of this article, the zoning administrator will have authority to permit adjustments to final plans for planned developments and to site plans.

(12)

Extensions of time.

The zoning administrator may, upon written request, for good cause shown and without any notice or hearing, grant extensions of any time limit imposed on an applicant or permitee by this Code unless an ordinance or resolution expressly provides otherwise. The total period of time granted by such extension or extensions will not exceed the length of the original period or 90 days, whichever is less.

The village board may, upon written request, for good cause shown, and without any notice or hearing, grant extensions of any time limited imposed on an applicant or permitee by this Code provided an ordinance or resolution, as appropriate, is duly adopted by a majority vote of the trustees. The total period of time granted by such extension or extensions will be specifically stated in the ordinance or resolution.

(13)

Inspection and enforcement. In furtherance of the enforcement of this Code, the zoning administrator will undertake regular and continuing programs of inspection of work approved and under way and of existing structures and uses as may be feasible and proper; will undertake additional inspections as may be necessary to the performance of her duties under this Code; will receive from any person complaints alleging, with particularity, a violation of this Code; and when appropriate will cause investigations and inspections as may be warranted under the circumstances.

Upon finding the existence of any violation of this Code, the zoning administrator will take or direct all actions necessary or appropriate to punish and abate such violation.

(14)

Reports. The zoning administrator will, from time to time, prepare and submit a report to the village board and the planning and zoning commission concerning the administration of the land use and development regulations of the village, setting forth information and statistical data as may be of interest and value in advancing and furthering the goals and purposes of such regulations and setting forth the zoning administrator's recommendations for the improvement of these regulations and their administration.

(b)

Planning and zoning commission.

(1)

Established. The planning and zoning commission established by the Village of Bourbonnais Municipal Code, as amended, is the zoning board of appeals and planning commission referred to in this Code. The provisions of this Code with respect to the planning and zoning commission will be deemed supplementary to the provisions of the Village of Bourbonnais Municipal Code, as amended. Reference should be made to the Village of Bourbonnais Municipal Code for a complete description of the membership, term of office and rules of procedure of the planning and zoning commission. Any distinctions made in this Code between the zoning board of appeals and planning commission are established for the purposes of defining the authority of the planning and zoning commission and in what capacity it is operating on a particular form of relief provided under this article.

(2)

Membership. The planning and zoning commission shall consist of seven members appointed by the mayor with the advice and consent of the village board. Each member must be resident of the village. The mayor, with the advice and consent of the village board, shall select one member to serve as the chairperson. The mayor, subject to approval by the village board, shall have the power to remove, after a public hearing, any member of the planning and zoning commission for cause. Vacancies shall be filled as soon as possible for the unexpired term of any member whose place has become vacant. In the event that the office of chairperson is vacated for any reason, the mayor shall, as soon as practicable, appoint, at his option, either one of the remaining members on the commission, or any member who is appointed to fill such vacancy on the commission as the new chairperson. Such appointment shall be subject to the approval of the village board at its next scheduled meeting.

(3)

Term. Each member shall serve a five-year term.

(4)

Dissolution. The corporate authorities may, in their sole and absolute discretion, dissolve the planning and zoning commission and establish a zoning board of appeals and a planning commission. At the time of any such dissolution, current members of the planning and zoning commission will be appointed to the newly formed zoning board of appeals or planning commission and the remaining seats open on the zoning board of appeals and planning commission will be filled by the mayor with the advice and consent of the village board.

(c)

Planning and zoning commission authority and procedures.

(1)

The planning and zoning commission is hereby vested with the following powers and duties:

To hear, consider and recommend to the village board matters dealing with amendments to this Code.

To hear, consider and recommend to the village board matters dealing with the granting of special uses.

To hear, consider and recommend to the village board variances to this Code, including those that may be requested in connection with special uses, rezoning, subdivisions, annexation requests, or other zoning approval requests.

To hear, consider and recommend to the village board matters dealing with the granting of planned developments.

To prepare and recommend to the village board a new comprehensive land use plan for the present and future development or redevelopment of the village and contiguous unincorporated territory within one and one-half miles of the corporate limits of the Village and not located in any other municipality.

To designate, subject to final consideration, evaluation and approval of the village board, land suitable for annexation to the village and the recommended zoning classification for such land upon annexation.

To recommend to the village board, from time to time, such changes in the comprehensive land use plan or any part thereof, as may be deemed necessary.

To prepare and recommend to the village board, from time to time, plans or recommendations for specific improvements in pursuance of the comprehensive land use plan's goals and objectives.

To give aid to the officials of the village charged with the direction of projects for improvements embraced within the comprehensive land use plan, or parts thereof, to further the making of such improvements and generally to promote the realization of the comprehensive land use plan.

To consider and recommend to the village board all matters which it is required to act upon under the terms of this article or under the law.

To recommend, subject to final consideration, evaluation and approval by the village board, reasonable standards of design for subdivisions and for resubdivisions of unimproved land and of areas subject to redevelopment with respect to public improvements.

To recommend, subject to final consideration, evaluation and approval by the village board, reasonable standards governing the location, width, course and surfacing of public streets and highways, alleys, ways for public service facilities, curbs, gutters, sidewalks, streetlights, parks, playgrounds, school grounds, size of lots to be used for residential purposes, storm water drainage, sanitary sewers, and sewage collection.

To study and make recommendations regarding matters dealing with the planning of the community.

To direct and review, from time to time, studies of the provisions of this article, and to make recommendations to the village board regarding any changes to the ordinance.

To cooperate with the municipal or regional planning commissions and other agencies or groups to further local planning initiatives and to assure harmonious and integrated planning for the area.

(2)

Necessary vote. The concurring vote of at least a majority of the currently appointed members will be necessary to take any action or adopt any motion to recommend approval of any matter or application. Any lesser vote on any such motion, even if a majority of those voting, will be considered a final decision to recommend denial of such matter or application.

(3)

Record and decisions. The transcript of testimony, if any; the minutes of the staff secretary; all applications, requests, exhibits and papers filed in any proceeding before the planning and zoning commission; and the decision of the planning and zoning commission will constitute the record. The planning and zoning commission may rely on the personal knowledge of its members, on its inspections of the property and on any reports available to it; provided, however, that the planning and zoning commission will make the particular knowledge, inspection or report a matter of record at the public hearing and afford every party reasonable time to respond to it.

Every decision of the planning and zoning commission that is deemed to be a final decision on a matter will be in writing and include findings of fact; refer to all the evidence in the record and to the exhibits, plans or specifications upon which the decision is based; specify the reason or reasons for the decision; contain a conclusion or statement separate from the findings of fact setting forth the specific relief granted or denying relief; and expressly set forth any limitations or conditions imposed on any relief granted or work or use authorized.

The planning and zoning commission will take no final or binding vote on a decision unless it first has before it the written resolution; provided, however, that where special circumstances warrant it, as determined by the planning and zoning commission, it may take final action prior to the preparation of the resolution but before taking such action, first state its findings and conclusions at a meeting open to the public and will, in addition, state the special circumstances.

Every decision of the planning and zoning commission that is deemed to be a recommendation to the village board may be made by written resolution or by written report of the chairperson to the mayor and village board in accordance with the provisions of this subsection.

In any case where this code provides that the failure of the planning and zoning commission to act within a fixed period is deemed to be a denial of an application, the failure will, notwithstanding the absence of required findings and conclusions, be considered to be a decision of the planning and zoning commission rendered on the day following the expiration of such fixed period.

(Ord. No. 19-2142, § 2, 4-15-19)

Sec. 36-14-2. - Planning documents and procedures.

(a)

Official comprehensive plan and other special area or subject plans.

(1)

Authority. The planning and zoning commission will have authority to prepare and recommend to the village board a comprehensive plan including the village and unincorporated areas surrounding the village and from time to time to prepare and recommend other special area or subject plans and amendments thereto, any or all of which the Village Board may adopt as the "The Village of Bourbonnais Comprehensive Land Use Plan, 2013," all in accordance with the procedures set out in this section.

(2)

Definition. "The Village of Bourbonnais Comprehensive Land Use Plan" will be defined as a compilation of policy statements; goals; standards; maps; recommended planning, regulatory, fiscal and public works programs; together with pertinent data relative to the past, present and future trends of the village with respect to its population, housing, economic, social and environmental development patterns; its land, water and natural resources and use; its transportation facilities, public facilities and utilities; and any other matter relative to the present and future patterns of life within the village or within the unincorporated areas lying within one and one-half miles of its boundaries as they may from time to time exist, prepared and recommended by the planning and zoning commission with the advice and assistance of the zoning administrator and the zoning administrator's staff and adopted by the village board by ordinance duly enacted, together with such amendments thereto as may be adopted from time to time.

The Village of Bourbonnais Comprehensive Land Use Plan will also refer to any internally consistent and complete portion of such a compilation relating to any one or more of the aforesaid subjects or to any specific portion of the aforesaid geographical area.

As of the effective date of this Code, said term is understood to refer to the following documents:

Bourbonnais 2030 Comprehensive Plan, adopted October 7, 2013, as amended;

Village of Bourbonnais Business District Plan, dated September 13, 2017, as amended; and

Village of Bourbonnais Downtown Plan, as amended.

(3)

Purpose. The Village of Bourbonnais Comprehensive Land Use Plan will be considered an official statement of the policy of the village with respect to the existing and developing character of the various areas of the village and its vicinity; the proper objectives, standards and direction for future maintenance, growth, development and redevelopment of the village; the means to be employed to protect existing character or development and to encourage future development that will be in the best interests of the village; and the actions and programs to be undertaken by the village with respect to its future maintenance and development.

(4)

Effect. After the adoption of the Village of Bourbonnais Comprehensive Land Use Plan, or a part thereof, no ordinance, regulation or official map relating to the physical maintenance, development or redevelopment of the village or any land within it will be enacted, established, amended or varied and no right-of-way, street, utility or public structure or land will be authorized, established, developed, redeveloped or modified in location or extent except in accordance with the policies, goals, objectives, principles and standards of the Village of Bourbonnais Comprehensive Land Use Plan or relevant part thereof unless the village board will first make a specific finding that the facts and circumstances affecting the particular matter justify a departure from the plan.

(5)

Procedures.

Plan development. The planning and zoning commission, with the assistance of the zoning administrator and staff, will exercise the powers and duties delegated to it by this code in the continuing development and revision of the Village of Bourbonnais Comprehensive Land Use Plan. The process of plan development is necessarily an informal one, not readily adaptable to rigid procedures, but the planning and zoning commission and the zoning administrator, in developing a plan, will make all reasonable efforts to obtain the views, comments and criticisms of interested persons. In addition, the planning and zoning commission and the village administrator, in developing a plan, will make all reasonable efforts to obtain the views, comments and criticisms of interested persons. In addition, the planning and zoning commission, prior to making any recommendation for the adoption or amendment of a plan or part thereof to the village board, will set, notice and conduct a public hearing thereon in accordance with the provisions of subsection 36-14-3(c) of this article.

The Village board may, at any time, refer a plan to the planning and zoning commission for consideration and recommendation. In the case of such referral, the planning and zoning commission will return its recommendation to the village board not later than 90 days following the receipt of the referral. In the event such recommendation is not so delivered, the village board may proceed to consider the amendment without such recommendation.

When satisfied that a plan, or a part thereof, is adequate for adoption as the Village of Bourbonnais Comprehensive Land Use Plan, or a part thereof or an amendment thereto, the planning and zoning commission will transmit the plan or part thereof to the village board together with its recommendations for adoption of such plan as well as any reports or statements deemed necessary to a full consideration of such plan or part thereof. Such reports or statements may include majority and minority positions. Such transmission will be made not later than 15 days following the close of the public hearing concerning such plan.

Plan adoption. Upon receiving any recommendation of the planning and zoning commission with respect to adoption or amendment of any plan, or a part thereof, the village board may, by ordinance duly enacted, adopt such plan in whole or in part, with or without amendments; or may refer such plan or any part thereof back to the planning and zoning commission for further consideration; or may reject such plan. The board will take such action no later than 90 days following the close of the planning and zoning commission public hearing on such plan. The failure of the board to act within such period will be deemed to be a rejection of the plan. Upon the adoptions of any such plan or part thereof, it will be designated as the "The Village of Bourbonnais Comprehensive Land Use Plan, [year adopted]," and if less than a total comprehensive plan, will carry a subheading designating its specific contents.

Plan amendment. The Village of Bourbonnais Comprehensive Land Use Plan, or any part thereof, may be amended at any time in accordance with the provisions of this subparagraph (5)c. Such an amendment may be initiated by the village board, the planning and zoning commission, the zoning administrator, or by any owner of property affected by the provisions of such plan sought to be amended.

Amendments initiated by the village board, the planning and zoning commission or the zoning administrator will require no formal application and will be processed as provided in subparagraphs (5)a. and (5)b. above.

Amendments initiated by the owner of affected property will be initiated by an application filed pursuant to this article, except that the time limits specified in subparagraphs (5)a. and (5)b.) above will apply.

Plan filing and notice of adoption. The ordinance adopting the Village of Bourbonnais Comprehensive Land Use Plan, or any part thereof, will provide that the zoning administrator will cause a certified copy thereof to be placed on file in the office of the village clerk, and will cause a notice evidencing the adoption of such plan, or part thereof, to be filed with the Kankakee County Recorder of Deeds.

(b)

Official future land use map.

(1)

Authority. The planning and zoning commission will have authority to prepare and to recommend to the village board an official map of the village and the unincorporated areas surrounding the village and from time to time to prepare and recommend amendments thereto, all of which the village board may adopt as the "Official Map of the Village of Bourbonnais."

(2)

Definition. The "official map" will be defined as a compilation of maps, standards and specifications of and for existing and proposed rights-of-way, streets, alleys, utility easements, public grounds and public utility systems within the village or within the unincorporated area lying within one and one-half miles of its boundaries as they may from time to time exist, prepared and recommended by the planning and zoning commission with the advice and assistance of the zoning administrator and the zoning administrator's staff and adopted by the village board by ordinance duly enacted, together with such amendments thereto as may be adopted from time to time.

(3)

Purpose. The official map is adopted to implement the Village of Bourbonnais Comprehensive Land Use Plan, to assure the adequacy of the public facilities to which it relates and to secure for the village the authority and benefits provided by state law in connection with such an official map.

(4)

Procedures. The procedures for the development, adoption, amendment and filing of the official map will be the same as those provided in subsection 36-14-2(a)(5) of this article with respect to the Village of Bourbonnais Comprehensive Land Use Plan.

(Ord. No. 19-2142, § 2, 4-15-19)

Sec. 36-14-3. - Zoning applications and hearing.

(a)

Applications.

(1)

Place of filing.

Applications for zoning and occupancy certificates, code interpretations and certain site plan approvals. All applications for a certificate of zoning compliance pursuant to subsection 36-14-4(a) of this article, a certificate of occupancy pursuant to subsection 36-14-4(b) of this article, an interpretation pursuant to subsection 36-14-5(a) of this article, and a site plan approval pursuant to subsection 36-14-6(d)(5)a. of this article, will be filed with the office of the zoning administrator or with such other village official or body as the zoning administrator may designate. The zoning administrator shall not schedule a public hearing or public meeting for any application requiring the same until the zoning administrator determines that the application is complete in accordance with this Code.

Applications for appeals and variations. All applications for an appeal pursuant to subsection 36-14-5(b) of this article and a variation pursuant to subsection 36-14-5(c) of this article will be filed with the office of the zoning administrator for processing pursuant to subsection 36-14-5(c) of this article. The zoning administrator shall not schedule a public hearing or public meeting for any application requiring the same until the zoning administrator determines that the application is complete in accordance with this Code.

Applications for amendments, special approvals and certain site plan approvals. All preliminary and formal applications for an amendment pursuant to subsection 36-14-6(a) of this article, a special use permit pursuant to subsection 36-14-6(b) of this article, a planned development pursuant to subsection 36-14-6(c) of this article and a site plan approval pursuant to subsection 36-14-6(d) of this article, will be filed with the office of the zoning administrator. The zoning administrator shall not schedule a public hearing or public meeting for any application requiring the same until the zoning administrator determines that the application is complete in accordance with this Code.

(2)

Forms, number, scale. All applications filed pursuant to this Code will be on forms supplied by the village and will be filed in such number of duplicate copies as the zoning administrator may designate. All plans filed as part of any application will be at a scale sufficient to permit a clear and precise understanding of the contents of said plan and the proposal being made and will be folded to a convenient size for handling and filing in standard, legal size legal drawers.

(3)

Filing deadlines.

Applications requiring hearings. Applications requiring public hearing will not be scheduled for such hearing unless and until filed in proper form and number and containing all required information.

Applications not requiring hearing. Applications that do not require a public hearing will be filed, in proper form and number and containing all required information, at least 35 days prior to the time when action on the application is requested. Applications so filed will be processed on a first-filed, first-processed basis.

Supplemental data. Whenever supplemental data in connection with a previously filed application is required by the village or offered by the applicant, it will be submitted at least ten days prior to the date on which it is to be considered at a hearing or a meeting or acted upon in connection with such application. The filing of such data will, in the discretion of the zoning administrator and of the body hearing the application, be cause to delay a requested or scheduled hearing date.

(4)

Fees.

Fee established; lien. Every application filed pursuant to this Code will be subject to a non-refundable application and filing fee in the amount established by the village board and published in a schedule of fees that will be on file with the zoning administrator's office, plus the actual cost, as hereinafter defined, incurred by the village in processing such application.

The owner of the property which is the subject of the application and, if different, the applicant, will be jointly and severally liable for the payment of said fee. By signing the application, owner will be deemed to have agreed to pay such fee and to consent to the filing and foreclosure of a lien on the subject property to ensure collection of any such fee, plus the costs of collection, which has not been paid within 30 days following the mailing of a written demand for such payment to the owner at the address shown on the application. Any lien filed pursuant to this subsection may be foreclosed in the manner provided by statute for mortgages or mechanics liens.

Recoverable costs. For purposes of calculating the fee due pursuant to subparagraph (4)a. above, the actual costs incurred by the Village in processing an application will be deemed to consist of the following items of direct and indirect expense:

Legal publication and mailing (direct cost).

Recording secretarial services (direct cost).

Court reporter (direct cost).

Administrative preparation and review (hourly salary times a multiplier to be established from time to time by the zoning Administrator at a level sufficient to recover 100 percent of the direct and indirect cost of such service).

Document preparation and review (hourly salary times a multiplier to be established from time to time by the zoning administrator at a level sufficient to recover 100 percent of the direct and indirect cost of such service).

Professional and technical consultant services (direct cost).

Legal review, consultation, advice, negotiation, and document preparation (direct cost).

Copy reduction (direct cost).

Document recordation (direct cost).

Fee payment and escrow.

Initial payment and escrow. Every application filed pursuant to this Code will be accompanied by the required fee plus an additional amount for recoverable costs as provided in subparagraph (4)b. above, as fixed from time to time by the zoning administrator, to be deposited in an application fee escrow. No interest will be payable on any such escrow.

Charges against escrow. From the date of filing of any application pursuant to this Code, the village will maintain an accurate record of the actual costs, as hereinabove defined, of processing such application. The zoning administrator will, from time to time, draw funds from the escrow account established for such application to pay such costs and will transfer such funds to the appropriate village accounts. The zoning administrator will maintain an accurate record of all such drawings.

Additional escrow deposits. Should the zoning administrator at any time determine that the escrow account established in connection with any application is, or is likely to become, insufficient to pay the actual costs of processing such application, the zoning administrator will inform the applicant of that fact and demand an additional deposit in an amount deemed by her to be sufficient to cover foreseeable additional costs. Unless and until such additional amount is deposited by the applicant, the zoning administrator may direct that processing of the application will be suspended or terminated.

Final settlement. As soon as reasonably feasible following final action on an application, the zoning administrator will cause a final accounting to be made of the escrow deposits made in connection with such application and the actual cost of processing such application and will make a final charge of such costs against such escrow deposits. A copy of the accounting will be provided to the owner and the applicant.

If the amount in the escrow account is insufficient to pay the total actual costs, a written demand for payment of the balance due will be mailed to the owner and the applicant. If unused balance remains in the escrow account after paying the total actual costs, it will be returned to the applicant.

Condition of all applications, approvals and permits; time periods. No application filed pursuant to the Code will be considered complete unless and until all fees and deposits due pursuant to this subsection have been paid. Every approval granted and every permit issued pursuant to this Code will, whether or not expressly so conditioned, be deemed to be conditioned upon payment of fees as required by this subsection.

Where this Code provides that the passage of time without decision or action will be deemed an approval or a recommendation for approval, time periods will be tolled during any period of non-payment, but will otherwise continue to run.

The failure to fully pay any such fee or deposit, when due, will be grounds for refusing to process an application and for denying or revoking any permit or approval sought or issued with respect to the land or development to which the unpaid fee or deposit relates.

ii.

Specified public bodies exempt. The provisions of this section will not apply to, and no fee will be required of, any public body or agency deriving the majority of its revenues from taxes levied within the Village of Bourbonnais.

(5)

Minimum data requirements.

All applications. Every application submitted pursuant to this Code will contain at least the following information:

The owner's name and address and the owner's signed consent to the filing of the application.

The applicant's name and address, if different than the owner, and her interest in the subject property.

The names, addresses and telephone numbers of all professional consultants, if any, advising the applicant with respect to the application.

The name and address and the nature and extent of the interest, as defined in the Bourbonnais Ethics Code, of any officer or employee of the village in the owner, the applicant or the subject property.

The address and legal description of the subject property.

A description or graphic representation of the proposal for which approval is being sought and of the existing zoning classification, use and development of the subject property. The scope and detail of such description will be appropriate to the subject matter of the application, with special emphasis on those matters likely to be affected or impacted by the approval being sought in the application.

In the case of any application being filed less than one year after the denial of an application seeking essentially the same relief, the statement required by subsection 36-14-3(b)(2) of this article.

Proof of control or ownership, in the case of site-specific applications.

Applications for zoning and occupancy certificates. Every application filed pursuant to subsection 36-14-4(a) or 36-14-4(b) of this article will, in addition to the data and information required pursuant to subsection (5)a. above, provide the following information:

A description or graphic representation of any development or construction that will occur or any use that will be established or maintained if the requested relief is granted.

A table showing the following, if applicable:

The total lot area of the subject property, in acres and in square feet;

ii.

The total existing and proposed lot area, expressed in acres, in square feet and as a percent of the total development area, devoted to residential uses, by type of structure, commercial uses, office uses, industrial uses and institutional uses, open space, rights-of-way, streets, and off-street parking and loading areas; and

The existing and proposed:

Number of dwelling units, by number of bedrooms and dwelling unit gross floor area; and

ii.

Gross and net floor area devoted to residential uses, commercial uses, office uses, industrial uses, institutional uses and recreational uses.

A table listing all bulk, space and yard requirements, all parking requirements, and all loading requirements applicable to any proposed development or construction and showing the compliance of such proposed development or construction with each such requirement. Where any lack of compliance is shown, the reason therefore must be stated and an explanation of the village's authority, if any, to approve the application despite such lack of compliance must be set forth.

The certificate of a registered architect or civil engineer licensed by the State of Illinois, or of an owner-designer, that any proposed use, construction or development complies with all the provisions of this Code and other village ordinances or complies with such provisions except in the manner and to the extent specifically set forth in said certificate.

Application for code interpretations. Every application filed pursuant to subsection 36-14-5a. of this article will, in addition to the data and information required pursuant to subparagraph (5)a. and, where relevant, subparagraph (5)b. above, provide the following information:

The specific provision or provisions of this Code for which an interpretation is sought.

The facts of the specific situation giving rise to the request for an interpretation.

The precise interpretation claimed by the applicant to be correct.

Where a use interpretation is sought, the use permitted pursuant to the present zoning classification of the subject property that is claimed by the applicant to include, or to be most similar to, the proposed use.

Where a use interpretation is sought, documents, statements and other evidence demonstrating that the proposed use will comply with all use limitations established for the district in which it is proposed to be located.

Applications for appeals. Every application filed pursuant to subsection 36-14-5(b) of this Code will, in addition to the date and information required pursuant to subparagraph (5)a., and, where relevant, subparagraph (5)b. above, provide the following information:

The specific order, decision or determination of failure to act from which an appeal is sought.

The facts of the specific situation giving rise to the original order, decision, determination or failure to act and to the appeal therefrom.

The precise relief sought.

A statement of the applicant's position as to alleged errors in the order, decision, determination or failure to act being appealed and as to why the relief sought is justified and proper.

Applications for variations. Every application filed pursuant to subsection 36-14-5(c) of this article will, in addition to the data and information required pursuant to subparagraph (5)a. and where relevant, subparagraph (5)b. above, provide the following information:

The specific feature or features of the proposed use, construction or development that require a variation.

The specific provision of this Code from which a variation is sought and the precise variation therefrom being sought.

A statement of the characteristics of the subject property that prevent compliance with the said provisions of this Code.

A statement of the minimum variation of the provisions of this Code that would be necessary to permit the proposed use, construction or development.

A statement of how the variation sought would satisfy the standards set forth in subsection 36-14-5(c)(6) of this article.

A statement concerning the conformity or lack of conformity of the approval being requested to the Village of Bourbonnais Comprehensive Land Use Plan and Official Map. Where the approval being requested does not conform to the Village of Bourbonnais Comprehensive Land Use Plan or the Official Map, reasons justifying the approval despite such lack of conformity will be stated.

Applications for comprehensive land use plan or zoning code text amendments. Every application filed pursuant to subsection 36-14-2(a)(5)c. or applications filed pursuant to subsection 36-14-6(a)(4) of this article requesting an amendment to the text of either the Village of Bourbonnais Comprehensive Land Use Plan or this Code will, in addition to the data and information required pursuant to subparagraph (5)a. and, where relevant, subparagraph (5)b. above, provide the following information:

The exact wording of the proposed text amendment.

A statement of the need and justification for the proposed text amendment.

A survey, certified by a registered land surveyor, showing existing lot lines and dimensions as well as lot area, all easements, all public and private rights-of-way and all streets across and adjacent to the subject property, except when the zoning administrator determines that a survey is unnecessary to evaluate the application.

Formal applications for special use permits. Every application filed pursuant to subparagraph 36-14-6(b)(4) of this article will, in addition to the data and information required pursuant to subparagraph (5)a. and, where relevant, subparagraph (5)b. above, provide the following information:

A written statement of the need for the special use permit.

A statement of how the special use permit sought satisfies the standards set forth in section 36-14-6(b)(5).

An application for site plan approval pursuant to subsection 36-14-6(d) of this article.

Applications for zoning or comprehensive land use plan map amendments. Every application filed pursuant to subparagraph 36-14-6(a) or formal applications filed requesting an amendment to the Village of Bourbonnais Comprehensive Land Use Plan Map or the zoning map will, in addition to the data and information required pursuant to subparagraph (5)a. and, where relevant, subparagraph (5)b. above, provide a statement of the need and justification for the proposed plan or zoning map amendment. The statement will address at least the following factors:

The existing uses and zoning classifications of properties in the vicinity of the subject property.

The trend of development in the vicinity of the subject property, including changes, if any, in such trend since the subject property was placed in its present plan designation or zoning classification.

The extent to which the value of the subject property is diminished by the existing plan designation or zoning classification applicable to it.

The extent to which any decrease in property value is outweighed by an increase in the public health, safety and welfare.

The extent, if any, to which the use and enjoyment of adjacent properties would be affected by the proposed amendment.

The extent, if any, to which the value of adjacent properties would be affected by the proposed amendment.

The extent, if any, to which the future orderly development of adjacent properties would be affected by the proposed amendment.

The suitability of the subject property for uses permitted or permissible under its present plan designation and zoning classification, and the availability of utilities and public services to serve those uses.

The availability of adequate ingress to and egress from the subject property and the extent to which traffic conditions in the immediate vicinity of the subject property would be affected by the proposed amendment.

10.

The length of time, if any, that the subject property has been vacant, considered in the context of the pace of development in the vicinity of the subject property.

11.

The community need for the proposed map amendment and for the uses and development it would allow.

Applications for planned development concept plan approval. Every application filed pursuant to section 36-14-6(c)(4)(d) of this article will, in addition to the data and information required pursuant to subparagraph (5)a. and, where relevant, subparagraph (5)b. above, provide the following information:

A development name unique to the Bourbonnais area for identification purposes.

Evidence that the applicant has sufficient control over the subject property to effectuate the proposed planned development, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property, and a recent commitment for title insurance or ownership search certificate.

A map depicting municipal and special district boundaries where adjacent to or within the subject property.

A written statement addressing the following matters:

A general description of the proposed planned development, the planning objectives to be achieved by it, including the rationales and assumptions of the applicant supporting the proposed planned development, and the market it is intended to serve.

How the proposed planned development is to be designed, arranged and operated so as not to adversely affect the development and use of neighboring property in accordance with applicable regulations of this Code.

Schematic, soft-line drawings of the proposed planned development concept, including public or private rights-of-way on or adjacent to the subject property, the proposed dimensions and locations of vehicular and pedestrian circulation and parking elements, public and private open space, and residential, commercial, office, industrial and other land uses, and the general locations of and purpose of all easements.

A tax impact study indicating the possible tax consequences the proposed planned development will have upon the village and other affected taxing bodies, including any burden the proposed planned development would impose on the provision of public services.

A traffic and transit impact study including a list of new street construction and traffic control improvements necessary to accommodate the estimated increase in traffic and traffic related problems occasioned by the proposed development and a statement of the applicant's proposals for providing those needed improvements.

10.

A preliminary engineering study showing the location and adequacy of existing and proposed sanitary sewer, storm sewer and water distribution systems.

11.

A written statement identifying existing natural and environmental resources and features on the subject property, including its topography, vegetation, soils, geology, and scenic view, and the impact of the proposed planned development on such resources and features, including proposals to preserve or protect such resources and features.

12.

A preliminary landscape plan prepared by a state registered landscape architect or comparable design professional.

13.

Schematic, soft-line architectural elevations indicating the general style of architecture and typical building materials.

14.

A statement of the applicant's intent with respect to the ownership, sale and leasing of the various completed units, structures, spaces and areas within the proposed planned development.

15.

If the planned development is to be constructed in stages or units during a period extending beyond a single construction season, a development schedule for each and every such stage stating the approximate beginning and completion date, proportion of total public or common open space to be provided for each use and with each development stage.

16.

A detailed description of the financial assurances to be presented to guarantee completion of all public improvements and private open space to be provided in connection with the proposed planned development.

17.

Evidence of the financing plan the applicant proposes to use to complete the proposed planned development. The applicant's prior success in completing projects of similar scope may be offered in support of this requirement.

18.

A preliminary plat of subdivision if required pursuant to the Bourbonnais Subdivision Ordinance.

Application for planned development final plan approval. Every application filed pursuant to section 36-14-6(c)(4)e. of this article will, in addition to the data and information required pursuant to subparagraph (5)a. and, where applicable, subparagraph (5)b. above, provide the following information:

The date on which development concept plan approvals were granted.

An application for site plan approval pursuant to subsection 36-14-6(d) of this article.

A statement and plan of the proposed treatment of the perimeter of the proposed planned development, including materials and techniques to be used.

When the proposed planned development, or stage thereof, includes provision for public or common open space, a statement describing the provision made for the dedication or care and maintenance of such open space. If it is proposed that such open space be owned or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and by-laws of such entity will be submitted. When the property is to be dedicated, a draft of the instrument of dedication will be submitted.

Copies of any restrictive covenants to be recorded with respect to property included in the final plan.

A statement summarizing all changes that have been made, or have occurred, in any document, plan, data or information previously submitted, together with a revised copy of any such documents, plan or data.

A final plat of subdivision if required pursuant to this Code.

All engineering data and drawings required in connection with an application for final subdivision approval under this Code.

A final landscape plan prepared by a state registered landscape architect.

10.

All certificates, seals and signatures required for the dedication of land and recordation of documents.

11.

Hard line elevations and floor plans.

12.

Proof from appropriate governmental agencies that all taxes on the subject property have been paid and that all special assessments, taxes, and other levies against the subject property or any part thereof have been paid in full.

13.

A plan addressing constructing staging, phasing, and related logistical matters.

Applications for site plan approval. Whenever an application filed pursuant to any provision of this Code involves any use, construction or development requiring the submission of a site plan pursuant to subsection 36-14-6(d) of this article, a site plan illustrating the proposed use, construction or development and providing at least the following data and information, on one or more sheets, will be submitted as part of the application:

A graphic rendering of the existing conditions, which depicts:

All significant natural, topographical and physical features of the subject property including topographical contours at one foot intervals;

The location and extent of tree cover including single trees in excess of eight inches in diameter at five feet above ground level;

The location and extent of water bodies and courses, wetlands, marshes and special flood hazard areas and floodways on or within 100 feet of the subject property;

Existing drainage structures and patterns; and

Soil conditions as they affect development.

The location, use, size and height in stories and feet of structures and other land uses on adjacent properties.

For areas within any required yard or setback, any proposed regarding of the subject property.

Data concerning proposed structures and existing structures that will remain, including:

10.

Location, size, use and arrangement, including height in stories and feet;

11.

Where relevant, floor area ratio, gross floor area and net floor area;

12.

Where relevant, number and size of dwelling units, by dwelling unit type and number of bedrooms;

13.

Building coverage; and

14.

Description of the calculation method utilized in computing all required statistics shown.

15.

Minimum yard and setback dimensions and, where relevant, relation of yard and setback dimensions to the height, width and depth of any structure.

16.

A vehicular and pedestrian circulation plan showing the location, dimensions, gradient and number of all vehicular and pedestrian circulation elements including rights-of-way and streets; driveway entrances, curbs and curb cuts; parking spaces, loading spaces and circulation aisles; sidewalks, walkways and pathways; and total lot coverage of all circulation elements divided as between vehicular and pedestrian ways.

17.

All existing and proposed surface and sub-surface drainage and retention and detention facilities and existing and proposed water, sewer, gas, electric, telephone and cable communications lines and easements and all other utility facilities.

18.

Location, size and arrangements of all outdoor signs and lighting.

19.

Location and height of fences or screen plantings and the type or kind of building materials or plantings to be used for fencing or screening.

20.

Location, designation and total area of all usable open space.

21.

A detailed landscaping plan, showing location, size and species of all trees, shrubs and other plant material.

22.

A traffic study, if required by the zoning administrator or the board or commission hearing the application.

23.

An erosion control plan for the period during which construction will be taking place, if required by the zoning administrator or the board or commission hearing the application.

24.

Hard line elevations and floor plans.

Applications for appeal from denial of site plan approval. Every application filed pursuant to subparagraph 36-14-6(d)(5)a.4. will, in addition to the data and information required pursuant to subparagraph (5)a. above, provide the following information:

A copy of the original application for site plan approval.

A statement of the applicant's position as the alleged errors in the zoning administrator's denial of site plan approval and as to why approval of the site plan is justified and proper.

Special data requests. In addition to the data and information required pursuant to subparagraph (5) this subsection, every applicant will submit such other and additional data, information or documentation as the zoning administrator or any board or commission before which its application is pending may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.

Concurrent applications. Where a proposed use or development requires more than one approval pursuant to this Code, applications for all such approvals may be filed concurrently notwithstanding the fact that approval of one application may be a precondition to approval of other applications. Such applications may, in the discretion of the official, officials, body or bodies charged with review of such applications be processed together; provided, however, that no application will be approved unless all applications that are a precondition to its approval have first been approved.

Withdrawal of application. An applicant may withdraw an application at any time prior to a final decision having been rendered with respect thereto; provided that the applicant will have paid all applicable application fees pursuant to subparagraph 36-14-3(a)(4). Such withdrawal will be without prejudice to the applicant's right to refile such application, but any such refiling will be treated as an entirely new filing and will be subject to the procedures and fees of this Code in the same manner as any other new application.

Administrative discretion. Notwithstanding anything to the contrary in this article, the zoning administrator or any board or commission before which its application is pending may waive any application requirements otherwise set forth in this subsection 36-14-3(a) where the applicant demonstrates to the satisfaction of the zoning administrator or any board or commission before which its application is pending that the information required is not relevant to or necessary for the determination of the application submitted.

(b)

Successive applications.

(1)

Second applications without new grounds barred. Whenever any application filed pursuant to this Code has been finally denied on its merits, a second application, seeking essentially the same relief, whether or not in the same form or on the same theory, will not be brought within a period of one year from the date of denial, unless, in the opinion of the zoning administrator, board or commission before which it is brought, substantial new evidence is available or a mistake of law or fact significantly affected the prior denial.

(2)

New grounds to be stated. Any such second application will include a detailed statement of the grounds justifying consideration of such application.

(3)

Exception. Whether or not new grounds are stated, any such second application filed more than one year after the final denial of a prior application will be heard on the merits as though no prior application had been filed. The applicant will, however, be required to place in the record all evidence available concerning changes of conditions or new facts that have developed since the denial of the first application. In the absence of such evidence it will be presumed that no new facts exist to support the new petition that did not exist at the time of the denial of the first application.

(c)

Public hearings and meetings.

(1)

Setting hearing or meeting; time limitation. When the provisions of this Code require a public hearing or meeting in connection with any application filed pursuant to this Code, the planning and zoning commission will, upon receipt of a properly and fully completed application, fix a reasonable time and place for such hearing or meeting; provided, however, that such hearing or meeting will be commenced no later than 60 days following the receipt of the a properly and fully completed application unless the applicant agrees to an extension or unless the hearing or meeting agenda of the body is completely committed during that time.

(2)

Notice.

Notice to be given. Notice of public hearings and meetings set pursuant to subparagraph 36-14-3(c)(1) of this subsection will be given by the zoning administrator or the applicant, as the case may be, in the form and manner and to the person herein specified.

Content of notice. All notices will include the date, time and place of such hearing or meeting, a description of the matter to be heard or considered, and the common street address, parcel index number(s), and particular location of the subject property.

Persons entitled to notice.

All hearings and meetings. Notice of every hearing or meeting set pursuant to subparagraph 36-14-3(c)(1) of this subsection will be given by the zoning administrator:

By regular mail or personal delivery to the applicant and, if a specific parcel is the subject of the application, to the owner of the subject property.

ii.

By regular mail to any newspaper or person that will have filed a written request, accompanied by an annual fee as established from time to time by the zoning administrator to cover postage and handling, for notice of all hearings or meetings held pursuant to this Code. Such written request will automatically expire on December 31 of the year in which it is made unless a written request for renewal, accompanied by the annual fee, is submitted prior to such date.

iii.

By regular mail, personal delivery or interdepartmental delivery to affected Village Board, Commissions, Departments and Officials.

iv.

Delivery of notice. Notice by mail as herein required, will be mailed no less than five days before the hearing or meeting date by regular United States Mail.

Hearings on amendments, special use permits and variations. In addition to notice as required by subparagraph 36-14-3(c)(2)c.1. above, the following notice will be given for every hearing set pursuant to subparagraph 36-14-3(c)(1) of this article in connection with an application for an amendment to this Code, amendments to the zoning map, a special use permit, including any amendment thereto, or a variation:

Content of notice. The notice required pursuant to this subparagraph will contain, at a minimum, the following information:

The street address, property index number(s), and street intersection location description of the property that is the subject of the application;

ii.

A brief statement of the nature of the relief being requested;

iii.

The name and address of the applicant;

iv.

The name and address of the legal and beneficial owner of the property, if any, that is the subject of the application; and

For all mailed notices, an aerial location map identifying the location of the property that is the subject of the application.

Notice by newspaper publication. The zoning administrator will cause a notice to be published in a newspaper published in, or of general circulation within, the village at least once no less than 15 days, nor more than 30 days, in advance of the hearing date.

Notice by sign. If a specific property is the subject of the application, the applicant will post the subject property with a ground sign of approximately six square feet of gross surface area containing the legibly written notice. The sign will be located on the subject property so as to be visible from at least one right-of-way abutting the subject property, and the sign's location must be approved by the zoning administrator. The applicant will remove the sign within three days after the hearing is closed. The notice by sign requirement will not be applicable for any application for a variation.

Notice by mail. If a specific property is the subject of the application, the applicant will distribute notice by U.S. Mail to the taxpayers of record for all properties located adjacent to the subject property. For the purposes of this section, adjacent properties shall include all properties that adjoin the subject property and all properties located directly across a public or private street from the subject property. The notice must be postmarked no less than 15 days, nor more than 30 days, in advance of the hearing date.

Report to hearing body. At the hearing, the applicant will present to the hearing body an affidavit, certification or other evidence satisfactory to the hearing body, demonstrating, to the satisfaction of the hearing body, that the applicable notice requirements of this Subparagraph have been satisfied.

Hearing on the Village of Bourbonnais Comprehensive Land Use Plan. In addition to notice as required by subparagraph 36-14-3(c)(2)c.1. above, notice of every hearing set pursuant to subparagraph 36-14-3(c)(1) hereof in connection with the adoption of the Village of Bourbonnais Comprehensive Land Use Plan will be given by publication in a newspaper of general circulation in Kankakee County at least 15 days before such hearing.

(3)

Referral to village commissions and departments for hearings and meetings regarding appeals, variations, amendments, and special approvals.

Zoning administrator to refer applications. The zoning administrator will, not later than the time set pursuant to subparagraph 36-14-3(c)(2) for giving public notice, refer every application for an appeal pursuant to subsection 36-14-5(b) of this article, for a variation pursuant to subsection 36-14-5(c) of this article, for an amendment pursuant to subsection 36-14-6(a) of this article, for a special use permit pursuant to subsection 36-14-6(b) of this article, and for a planned development pursuant to subsection 36-14-6(c) of this article to all appropriate village commissions and departments.

Review and comments. Each village commission and department to which an application is referred pursuant to this subsection will review such application and submit its comments thereof to the planning and zoning commission.

Such comments will, whenever possible, be submitted at least five days prior to the date set for the hearing and will be made available to any person on request prior to the hearing.

(4)

Conduct of hearings. The planning and zoning commission, in accordance with the authority set forth in Section 11-13-22 of the Illinois Municipal Code, 65 ILCS 5/11-13-22, may adopt such rules of procedure as necessary and appropriate to govern any public hearing required under this article.

(Ord. No. 19-2142, § 2, 4-15-19)

Sec. 36-14-4. - Zoning certificates.

(a)

Certificate of zoning compliance.

(1)

Authority. The zoning administrator will have authority to issue certificates of zoning compliance, but only in accordance with the provisions of this section.

(2)

Purpose. The certificate of zoning compliance is intended to serve two general purposes:

A procedure for reviewing plans for conformance with this Code and a means for evidencing such conformance; and

As an adjunct to, filed prior to or with, all other applications filed pursuant to this Code with respect to a specific use or development proposal.

When so filed, it serves as a vehicle for routine plan review by the zoning administrator prior to consideration of special requests by other officials, boards and commissions, thus avoiding needless special reviews of defective plans.

(3)

Certificate required. Except where expressly waived by another provision of this Code, unless a certificate of zoning compliance will have first been obtained from the zoning administrator:

The construction, reconstruction, remodeling, alteration or moving of any structure will not be commenced;

The grading, excavation or improvement of land preliminary to any construction on or use of such land will not be commenced; and

Building or other permits pertaining to the construction, reconstruction, remodeling, alteration or moving of any structure or the use of any land or structure will not be issued by the village.

In any case where a certificate of zoning Compliance is not required under this Code, the zoning administrator will, upon written request, issue a certificate of such fact.

(4)

Relation to other applications. No application for a zoning variation, application for a special use permit, application for an amendment or application for approval of a development concept plan will be processed unless an application for a certificate of zoning compliance will first have been received, processed and approved, or denied solely on one or more grounds that form the basis for the application. It is the intent of this section that no application filed pursuant to this article with respect to a specific use or development proposal will be processed until the zoning administrator is satisfied that the proposed use or development complies with the provisions of this Code in all respects except those within the scope of such application.

(5)

Procedure.

Application. Applications for certificates of zoning compliance will be filed in accordance with the requirements of subparagraph 36-14-3(a)(5)b. of this article.

Action on application. Within ten days following receipt of a completed application for a certificate of zoning compliance, the zoning administrator will cause the application and related submissions to be reviewed for compliance with this Code and will inform the applicant whether the application has been granted or denied.

In any case where an application is granted, the zoning administrator will issue a certificate of zoning compliance that will read on its face:

"THIS CERTIFICATE DOES NOT SIGNIFY BUILDING CODE REVIEW OR APPROVAL AND IS NOT AUTHORIZATION TO UNDERTAKE ANY WORK WITHOUT SUCH REVIEW AND APPROVAL WHERE EITHER IS REQUIRED.

BEFORE ANY STRUCTURE TO WHICH THIS CERTIFICATE IS APPLICABLE MAY BE OCCUPIED OR USED FOR ANY PURPOSE, A CERTIFICATE OF OCCUPANCY MUST BE OBTAINED."

In any case where an application is denied, the zoning administrator will state specific reasons therefor and will cite the specific provisions of this Code upon which such denial is based. If relief from such denial would be available pursuant to a companion application filed in connection with the application for a certificate of zoning compliance, the zoning administrator will inform the applicant and will promptly process such companion application. If the application is approved, the zoning administrator will issue the requested certificate of zoning compliance in accordance with the terms and conditions of such approval.

If relief from the zoning administrator's denial of a certificate of zoning compliance would be available by variation, special use permit or site plan review, but no application therefor has been filed, the zoning administrator will so state and refer the applicant to the appropriate provisions of this Code.

Contents of certificate. Each certificate of zoning compliance issued pursuant to this section will state the specific use of the subject property for which it is issued; identify the specific plans; if any, pursuant to which it is issued; and set forth any conditions imposed in connection with any approval granted pursuant to this Code.

Filing of certificates. Every certificate issued pursuant to this section will be kept on file with the zoning administrator and will be a public record open to inspection in accordance with the provisions of the Illinois Freedom of Information Act.

(6)

Effect of issuance of certificate of zoning compliance. The issuance of a certificate of zoning compliance will not authorize the establishment, expansion or extension of any use nor the development, construction, relocation, alteration or moving of building or structure, but will merely authorize the preparation, filing and processing of applications for any additional permits and approvals that may be required by the codes and ordinances of the village, including, but not limited to, a building permit, a certificate of occupancy and subdivision approval.

(7)

Limitations on certificates. Subject to an extension of time granted by the zoning administrator pursuant to subparagraph 36-14-1(a)(12) of this article, a certificate of zoning compliance will become null and void six months after the date on which it was issued unless within such period construction, reconstruction, remodeling, alteration or moving of a structure is commenced or a use is commenced.

(8)

Void certificates. Any certificate of zoning compliance issued in violation of the provisions of this Code, whether intentionally, negligently, or innocently, will be void ab initio and confer no rights whatsoever.

(b)

Certificate of occupancy.

(1)

Authority. The zoning administrator will have authority to issue certificates of occupancy; provided, however, that no such certificate will be issued except in accordance with the provisions of this section and the other relevant provisions of this Code governing development, building and related matters.

(2)

Purpose. For the purposes of this Code, the certificate of occupancy provides a procedure for the inspection of completed premises to ensure their compliance with this Code and approved plans prior to commencement of the use or occupancy of such premises. The certificate may also evidence compliance with other relevant provisions of this Code, as set forth in those provisions.

(3)

Certificate required. Unless a certificate of occupancy is obtained certifying compliance with the provisions of this Code:

No structure, or addition thereto, constructed, reconstructed, remodeled, altered or moved after the effective date of this Code will be occupied or used for any purpose;

Except for changes involving only substitution of occupants in existing dwelling units, no use or occupancy of any land or structure will be changed to any other use or occupancy, whether or not construction, remodeling, alteration or moving is involved.

(4)

Procedure.

Application. Where no certificate of zoning compliance is required, applications for certificates of occupancy will be filed in accordance with the requirements of subsection 36-14-3(a) of this article.

Where a certificate of zoning compliance has been issued, the application for that certificate will also be treated as the application for a certificate of occupancy and will be processed as such at such time as the applicant or village inspector notifies the zoning administrator that the subject structure or use is ready for a certificate of occupancy in accordance with the certificate of zoning compliance.

Action on application. Within ten days following the receipt of a completed application, the zoning administrator will cause the subject structure or premises to be inspected and will take the following actions based on the inspection:

If all work has been completed and the structure and use thereof are in full and complete compliance with all applicable provisions of this Code, other relevant codes and ordinances of the village, the applicant's plans as approved and any conditions attached to any approval issued pursuant to this Code, the zoning administrator will issue a certificate of occupancy;

If, however, all work is not complete or is in any manner not in full compliance with all applicable requirements, the zoning administrator will deny the application and inform the applicant in writing of the specific deficiencies on which the denial is based, citing the particular provisions of the codes and ordinances of the village, the particular items in the applicant's plans or the applicable special approval conditions with respect to which compliance is lacking.

Contents of certificates. In addition to the matters required to be contained in a certificate of occupancy pursuant to other applicable provisions of this Code, each certificate of occupancy issued pursuant to this section will state the specific use of the subject property for which it is issued; identify the specific plans, if any, pursuant to which it is issued and set forth any conditions imposed in connection with any approval granted pursuant to this Code.

Filing of certificates. Every certificate issued pursuant to this section will be kept on file with the zoning administrator and will be a public record open to inspection pursuant to the provisions of the Illinois Freedom of Information Act.

(5)

Temporary certificate of occupancy. Notwithstanding the provisions of subparagraph (4)(b) above, where construction, reconstruction, remodeling or alteration of a structure does not require the vacating of the structure, or where parts of the structure are finished and ready for occupancy before the completion of such construction, reconstruction, remodeling or alteration and are certified upon inspection to be safe for use or occupancy and to be in full compliance with all applicable provisions of this Code, other relevant codes and ordinances of the village, the applicant's plans as approved and any conditions attached to any approvals issued pursuant to this Code with respect to such structure or its premises, a temporary certificate of occupancy may be issued for a period not to exceed six months from its date, which temporary certificate will bear on its face, in bold type, a statement of its temporary nature.

(6)

Certificate of occupancy for existing uses. The zoning administrator may issue a certificate of occupancy certifying the lawful existence and use of any existing structure or use in the same manner, and subject to the same standards and limitations, as authorized by this section with respect to new structures and uses. The certificate will be prima facie evidence of the facts contained in it with respect to any structure or use as of the date of its issue and remain effective for that purpose for so long as neither the use or structure nor the applicable provisions of this Code are changed.

(7)

Certificate of occupancy for legal nonconformities. The zoning administrator may issue a certificate of occupancy certifying the lawful existence and use of any nonconforming use, structure, lot or sign in the same manner, and subject to the same standards and limitations, as authorized by this section with respect to new structures and uses.

(8)

Void certificates. Any certificate of occupancy issued in violation of the provisions of this Code, whether intentionally, negligently, or innocently, will be void ab initio and will confer no rights whatsoever.

(Ord. No. 19-2142, § 2, 4-15-19)

Sec. 36-14-5. - Interpretations, appeals and variations.

(a)

Interpretations.

(1)

Authority. The zoning administrator may, subject to the procedures, standards and limitations of this section, render interpretations, including use interpretations, of the provisions of this Code and of any rule or regulation issued pursuant to it.

(2)

Purpose. The interpretation authority established by this section is intended to recognize that the provisions of this Code though detailed and lengthy, cannot possibly address every specific situation to which they may have to be applied. Many such situations can, however, be readily addressed by an interpretation of the specific provisions of this Code in light of the general and specific purposes for which those provisions have been enacted. Because the interpretation authority herein established is an administrative rather than a legislative authority, it is not intended to add to or change the essential content of this Code but, rather, it is intended only to allow authoritative application of that content to specific cases.

(3)

Parties entitled to seek interpretations. Applications for interpretations may be filed by any person having an interest in the circumstances giving rise to the need for an interpretation; provided, however, that interpretations will not be sought by any person based solely on hypothetical facts or where the interpretation would have no effect other than as an advisory opinion.

(4)

Procedure.

Application. Applications for interpretations of this Code will be filed in accordance with the requirements of subsection 36-14-3(a) of this article.

Action on application. Within 35 days following the receipt of a properly completed application for interpretation, the zoning administrator will inform the applicant in writing of her interpretation, stating the specific precedent, reasons and analysis upon which the determination is based.

The failure of the zoning administrator to act within 35 days, or such further time to which the applicant can agree, will be deemed to be a decision denying the application rendered on the day following such 35 day period.

Appeal. Appeals from interpretations rendered by the zoning administrator may be taken to the planning and zoning commission as provided in subsection 36-14-5(b) of this article.

(5)

Standards for use interpretations. The following standards will govern the zoning administrator, and the planning and zoning commission on appeals from the zoning administrator, in issuing use interpretations:

Any use defined in this Code or as otherwise defined in Appendix A* (2017 North American Industry Classification System) of this Code will be strictly interpreted as therein defined.

No use interpretation will permit a use not already listed as a permitted or special use in the district proposed for that use.

No use interpretation will permit any use in any district unless evidence is presented that demonstrates that it will comply with each use limitation established for that particular district.

No use interpretation will permit any use in a particular district unless such use is substantially similar to other uses permitted in such district.

If the proposed use is most similar to a use permitted only as a special use in the district in which it is proposed to be located, then any use interpretation permitting such use will be conditioned on the issuance of a special use permit for such use pursuant to subsection 36-14-6(b) of this article.

No use interpretation will permit the establishment of any use that would be inconsistent with the statement of purpose of the district in question.

Subject to the foregoing conditions and limitations, in rendering use interpretations the zoning administrator will be guided by the 2017 North American Industry Classification System, as amended by the village (see Appendix A ^[2]) and the use classification methodology used therein.

(6)

Effect of favorable use interpretation. No use interpretation finding a particular use to be permitted or specially permitted in a particular district will authorize the establishment of that use nor the development, construction, reconstruction, alteration or moving of any building or structure but will merely authorize the preparation, filing and processing of applications for any permits and approvals that may be required by the codes and ordinances of the village, including, but not limited to, a special use permit, a certificate of zoning compliance, a building permit, a certificate of occupancy, subdivision approval and site plan approval.

(7)

Limitations on favorable use interpretations. Subject to an extension of time granted by the zoning administrator pursuant to subparagraph 36-14-1(a)(12) of this article, no use interpretation finding a particular use to be permitted or specially permitted in a particular district will be valid for a period longer than six months from the date of issue unless a building permit is issued, and construction is actually begun within that period and is thereafter diligently pursued to completion, or a certificate of occupancy is obtained and a use commenced within that period.

A use interpretation finding a particular use to be permitted or specially permitted in a particular district will be deemed to authorize only the particular use for which it was issued, and such permit will not be deemed to authorize any allegedly similar use for which a separate use interpretation has not been issued. The permit will automatically expire and cease to be of any force or effect if the particular use for which it was issued will, for any reason, be discontinued for a period of six consecutive months or more.

(b)

Appeals.

(1)

Authority. Except as provided in subparagraph 36-14-6(d)(5)a.4. of this article with regard to site plan review appeals, the planning and zoning commission will hear and decide appeals from, and review orders, decisions, determinations, or the failure to act, of the zoning administrator acting pursuant to her authority and duties under this Code and to that end the board of appeals will have the same powers and be subject to the same standards and limitations as the zoning administrator with respect to any order, decision or determination being appealed.

(2)

Purpose. The appeal procedure is provided as a safeguard against arbitrary, ill-considered or erroneous administrative decisions. It is intended to avoid the need for resort to legal action by providing a local procedure for the review and correction of administrative errors. It is not, however, intended as a means to subvert the clear purposes, intent or meaning of this Code or the rightful authority of the zoning administrator to enforce this Code. To these ends, the reviewing body will give all proper deference to the spirit and language of this Code and to the reasonable interpretations of those charged with its administration.

(3)

Parties entitled to appeal. An application for appeal to the planning and zoning commission may be filed by any person aggrieved or adversely affected by an order, decision, determination or failure to act of the zoning administrator acting pursuant to her authority and duties under this Code.

(4)

Procedure.

Application. An application for appeal to the planning and zoning commission will be filed not later than 45 days following the action being appealed and in accordance with the requirements of subsection 36-14-3(a) of this article.

Action by zoning administrator. Upon receipt of a properly completed application for an appeal, the zoning administrator will transmit to the planning and zoning commission the application together with all papers constituting the record upon which the action appealed from was taken.

Public hearing. A public hearing will be set, noticed and conducted by the planning and zoning commission in accordance with subsection 36-14-3(c) of this article.

Action by planning and zoning commission. Within 30 days following the close of the public hearing the planning and zoning commission will render a decision on the appeal in the manner and form specified in subparagraph 36-14-1(c)(3) of this article. The decision may reverse, affirm or modify, in whole or in part, the action appealed from and may include such order or determination as, in the opinion of the planning and zoning commission, is proper to be made in the premises.

The failure of the planning and zoning commission to act within 30 days, or such further time to which the applicant may agree, will be deemed to be a decision denying the appeal.

Final appeal and action by the village board. A party aggrieved by a decision of the planning and zoning commission on appeal may appeal the decision to the village board. An application for appeal to the village board that complies with subsection 36-14-3(a) of this article will be filed no later than 45 days following the planning and zoning commission's decision. Within 30 days of receiving a properly completed application for appeal, the village board will consider the appeal at a public meeting and, within 30 days of the meeting's conclusion, render a decision on the appeal. The village board's decision on appeal shall be a final decision.

(5)

Stay of proceedings. An application for appeal properly filed pursuant to subparagraph 36-14-5(b)(4) above will stay all proceedings in the furtherance of the action appealed from, unless the zoning administrator certifies to the planning and zoning commission after the application for appeal has been filed with the zoning administrator that, by reason of facts stated in the certificate, a stay would, in the zoning administrator's opinion, cause imminent peril to life or property, in which case the proceedings will not be stayed other than by a restraining order, which may be granted by the planning and zoning commission or by the circuit court on application, upon reasonable written notice to the zoning administrator and on due cause shown.

(6)

Right to grant variation in deciding appeals. In any case where the application for appeal is accompanied by an application for variation in accordance with subsection 36-14-5(c) of this article, the planning and zoning commission will have the authority to offer a recommendation to the village board, as part of the relief, of the variation but only in strict compliance with each provision of said subsection 36-14-5(c).

(7)

Conditions and limitations on rights granted by appeal. In any case where this Code imposes conditions and limitations upon any right, any such right granted by the planning and zoning commission on appeal will be subject to such conditions and limitations in the same manner and to the same extent as if secured without the necessity of an appeal.

(c)

Variations.

(1)

Authority. The village board will have the authority to grant variations from the provisions of this Code, but only in compliance with the procedures and provisions of this section, and only by an ordinance duly enacted by the village board.

(2)

Purpose. The variation procedure is intended to provide a narrowly circumscribed means by which relief may be granted from unforeseen particular applications of this Code that create practical difficulties or particular hardships. When such difficulties or hardships are more appropriate for remedy, if at all, pursuant to other provisions of this article, the variation procedure is necessarily inappropriate.

(3)

Parties entitled to seek variations. Applications for variations may be filed by the owner of, or any person having a contractual interest in, the subject property.

(4)

Procedure.

Application. Applications for variations will be filed in accordance with the requirements of subsection 36-14-3(a) of this article.

Public hearing. A public hearing will be set, noticed and conducted by the planning and zoning commission in accordance with subsection 36-14-3(c) of this article.

Action by planning and zoning commission. Within 35 days following the close of the public hearing, the planning and zoning commission will render its decision, recommending approval, approval with conditions, or denial of the variation, in the manner and form specified by subparagraph 36-14-1(c)(3) of this article.

The failure of the board to act within 35 days, or such further time to which the applicant may agree, will be deemed to be a decision recommending denial of the variation.

(5)

Prohibited variations. Notwithstanding any other provision of this section, no variation will be granted that:

Is intended as a temporary measure only;

Is greater than the minimum variation necessary to relieve the particular hardship or practical difficulty demonstrated by the applicant; or

Allows a land use that is otherwise prohibited in a zoning district.

(6)

Standards for variations.

General standards. No variation will be recommended for approval pursuant to this section unless the applicant will establish that carrying out the strict letter of the provisions of this Code would create a particular hardship or a practical difficultly. Such a showing will require proof that the variation being sought satisfies each of the standards set forth in this subsection.

Unique physical condition. The subject property is exceptional as compared to other lots subject to the same provision by reason of a unique physical condition, including presence of an existing use, structure or sign, whether conforming or nonconforming; irregular or substandard shape or size; exceptional topographical features; or other extraordinary physical conditions peculiar to and inherent in the subject property that amount to more than a mere inconvenience to the owner and that relate to or arise out of the lot rather than the personal situation of the current owner of the lot.

Not self-created. The aforesaid unique physical condition is not the result of any action or inaction of the owner or her predecessors in title and existed at the time of the enactment of the provisions from which a variation is sought or was created by natural forces or was the result of governmental action, other than the adoption of this Code, for which no compensation was paid.

Denied substantial rights. The carrying out of the strict letter of the provision from which a variation is sought would deprive the owner of the subject property of substantial rights commonly enjoyed by owners of other lots subject to the same provision.

Not merely special privilege. The alleged hardship or difficulty is not merely the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision, nor merely an inability to make more money from the sale of the subject property; provided, however, that where the standards herein set out exist, the existence of an economic hardship will not be a prerequisite to the grant of an authorized variation.

Code and plan purposes. The variation would not result in a use or development of the subject property that would not be in harmony with the general and specific purposes for which this Code and the provision from which a variation is sought were enacted or the general purpose and intent of the Village of Bourbonnais Comprehensive Land Use Plan.

Essential character of the area. The variation would not result in a use or development on the subject property that:

Would be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development value of property or improvements permitted in the vicinity;

Would materially impair an adequate supply of light and air to the properties and improvements in the vicinity;

Would substantially increase congestion in the public streets due to traffic or parking;

Would unduly increase the danger of flood or fire;

Would unduly tax public utilities and facilities in the area; or

Would endanger the public health and safety.

No other remedy. There is no means other than the requested variation by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject property.

(7)

Variation less than requested. A variation less than or different from that requested may be granted when the record supports the applicant's right to some relief but not to the relief requested.

(8)

Conditions on variations. The planning and zoning commission may recommend and the village board may impose such specific conditions and limitations concerning use, construction, character, location, landscaping, screening and other matters relating to the purposes and objectives of this Code upon the premises benefited by a variation as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services. Such conditions will be expressly set forth in the ordinance granting the variation. Violation of any such condition or limitation will be a violation of this Code and will constitute grounds for revocation of the variation.

(9)

Affidavit of compliance with conditions; fee. Whenever any variation authorized pursuant to this section is made subject to conditions and limitations to be met by the applicant, the applicant will upon meeting such conditions file an affidavit with the zoning administrator so stating.

(10)

Effect of grant of variation. The grant of a variation will not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure but will merely authorize the preparation, filing and processing of applications for any permits and approval that may be required by the Codes and ordinances of the village, including, but not limited to, a certificate of zoning compliance, a building permit, a certificate of occupancy, subdivision approval and site plan approval.

(11)

Limitations on variations. Subject to an extension of time granted by the zoning administrator or village board pursuant to subparagraph 36-14-1(a)(12) of this article, no variation from the provisions of this Code will be valid for a period longer than 180 days, and no variation from the provisions of this Code that is granted concurrently with a special use permit will be valid for a period longer than one year, unless a building permit is issued and construction has actually begun within that period and is thereafter diligently pursued to completion or unless a certificate of occupancy is issued and a use is commenced within that period.

A variation will be deemed to authorize only the particular construction or development for which it was issued and will automatically expire and cease to be of any force or effect if such construction or development will be removed and not replaced within six months following such removal.

(Ord. No. 19-2142, § 2, 4-15-19)

Footnotes:

--- (2) ---

Editor's note— Appendix A was not included in the codification of this chapter and can be found on file in the office of the village clerk.

Sec. 36-14-6. - Amendments and special uses.

(a)

Amendments.

(1)

Authority. This Code and the zoning map may be amended from time to time by ordinance duly enacted by the village board in accordance with the procedures set out in this section.

(2)

Purpose. The amendment process established by this section is intended to provide a means for making changes to the text of this Code and to the zoning map that have more or less general significance or application. It is not intended to relieve particular hardships or to confer special privileges or rights. Rather, it is intended as a tool to adjust the provisions of this Code and zoning map in light of changing, newly discovered or newly important conditions, situations or knowledge.

(3)

Parties entitled to seek amendments. An application for an amendment may be filed by the village board, the planning and zoning commission, the zoning administrator, the owner of, or any person having a contractual interest in, any property to be affected by a proposed amendment to the zoning map, or any person interested in a proposed amendment to the text of this Code.

(4)

Procedure.

Formal application. A formal application for an amendment to this Code or the zoning map will be filed in accordance with the requirements of subparagraph 36-14-3(a)(1)(c) and subparagraph 36-14-3(a)(5)(f) of this article for a code amendment and subparagraph 36-14-3(A)(5)(h) of this article for a map amendment.

Referral. Every properly filed and completed formal application for an amendment to this Code or the zoning map will be referred by the zoning administrator to the planning and zoning commission.

Public hearing. In any case where a formal application for an amendment to this Code or the zoning map is referred by the zoning administrator, a public hearing will be set, noticed, and conducted by the planning and zoning commission in accordance with subsection 36-14-3(c) of this article.

Action by plan commission. Within 45 days following the conclusion of the public hearing, the planning and zoning commission will transmit to the village board its recommendation in the form specified by subparagraph 36-14-1(c)(3) of this article.

The failure of the commission to act within 45 days following the conclusion of such hearing, or such further time to which the applicant may agree, will be deemed a recommendation for denial of the proposed amendment as submitted.

Action by village board; protest. Within 90 days following the receipt of the recommendation of the planning and zoning commission, or its failure to act as above provided, the village board will either deny the application or, by ordinance duly adopted, adopt the proposed amendment, with or without modifications; provided, however, that in the event a duly signed and acknowledged protest against a proposed amendment is filed with the village clerk before the adoption of such amendment by the owners of 20 percent or more of the frontage to be affected by the proposed amendment, or by the owners of 20 percent or more of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20 percent or more of the frontage directly opposite the frontage to be affected, such amendment will not be passed except by a two-thirds vote of the trustees then holding office.

The failure of the village board to act within 60 days or such further time to which the applicant may agree, will be deemed to be a decision denying the application.

(5)

Standard for amendments. The wisdom of amending the zoning map or the text of this code is a matter committed to the legislative discretion of the village board and is not dictated by any set standard. However, in determining whether a proposed amendment should be granted or denied, the board should be guided by the principle that its power to amend this Code is not an arbitrary one but one that may be exercised only when the public good demands or requires the amendment to be made. In considering whether that principle is satisfied in any particular case, the board should weigh the factors that subparagraph 36-14-3(a)(5)(h) requires the applicant to address.

(b)

Special use permits.

(1)

Authority. The village board may, in accordance with the procedures and standards set out in this section and by ordinance duly adopted, grant special use permits authorizing the development of uses listed as special uses in the regulations applicable to the district in which the subject property is located.

(2)

Purpose. Special uses are those uses having some special impact or uniqueness that require a careful review of their location, design, configuration and special impact to determine, against fixed standards, the desirability of permitting their establishment on any given site. They are uses that may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect.

(3)

Parties entitled to seek special use permits. An application for a special use permit may be filed by the owner of, or any person having a contractual interest in, the subject property.

(4)

Procedure.

Formal application. A formal application for a special use permit will be filed in accordance with the requirements of subparagraph 36-14-3(a)(1)c. and subparagraph 36-14-3(a)(5)g. of this article.

Referral. Every properly filed and completed formal application for a special use permit will be referred by the zoning administrator to the planning and zoning commission.

Public hearing. In any case where a formal application for a special use permit is referred to the planning and zoning commission pursuant to subparagraph 36-14-6(b)(4)b. of this subsection, a public hearing will be set, noticed and conducted by the planning and zoning commission in accordance with subsection 36-14-3c. of this article.

Action by planning and zoning commission. Within 21 days following conclusion of the public hearing, the planning and zoning commission will transmit to the village board its recommendation in a form specified by subparagraph 36-14-1(c)(3) of this article, recommending either granting the application for a special use permit; granting the application subject to conditions, as specified in subparagraph (6) below; or denying the application.

The failure of the planning and zoning commission to act within 21 days, or such further time to which the applicant may agree, will be deemed a recommendation for denial of the proposed special use permit.

Action by village board. Within 60 days following the receipt of the recommendation of the planning and zoning commission, or its failure to act as above provided, the village board will either deny the application or, by ordinance duly adopted, will grant the special use permit, with or without modifications or conditions.

(5)

Standards for special use permits.

General standards. No special use permit will be recommended or granted pursuant to this section unless the applicant will establish that:

Code and plan purposes. The proposed use and development will be in harmony with the general and specific purposes for which this Code was enacted and for which the regulations of the district in question were established and with the general purpose and intent of the Village of Bourbonnais Comprehensive Land Use Plan.

No undue adverse impact. The proposed use, drainage and development will not have a substantial or undue adverse effect upon adjacent property, the character of the area or the public health, safety and general welfare.

No interference with surrounding development. The proposed use and development will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the use and development of neighboring property in accordance with the applicable district regulations.

Adequate public facilities. The proposed use and development will be served adequately by essential public facilities and services such as streets, public utilities, drainage structures, police and fire protection, refuse disposal, parks, libraries, and schools, or the applicant will provide adequately for such services.

No traffic congestion. The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets.

No destruction of significant features. The proposed use and development will not result in the destruction, loss or damage of natural, scenic or historic feature of significant importance.

Compliance with standards. The proposed use and development complies with all additional standards imposed on it by the particular provision of this Code authorizing such use.

Special standards for specified special uses permits. Where the district regulations authorizing any special use permit in a particular district impose special standards to be met by such use in such district, a permit for such use in such district will not be recommended or granted unless the applicant will establish compliance with such special standards.

Considerations. In determining whether the applicant's evidence establishes that the foregoing standards have been met, the planning and zoning commission will consider:

Public good. Whether, and to what extent, the proposed use and development at the particular location requested is necessary or desirable to provide a service or a facility that is in the interest of the public convenience or that will contribute to the general welfare of the neighborhood or community; and

Mitigation of adverse impacts. Whether, and to what extent, all steps possible have been taken to minimize any adverse effects of the proposed use and development on the immediate vicinity through building design, site design, landscaping and screening.

(6)

Conditions; periodic review; term.

Conditions on special use permits. In order to prevent or minimize substantial or undue adverse effects upon neighboring and adjacent properties and improvements, substantial or undue or upon public facilities and services, the planning and zoning commission may recommend, and the village board may impose, and expressly include in the ordinance granting a special use permit, conditions and limitations upon the premises benefited by a special use permit. Such conditions, restrictions, and limitations may include, without limitation, the following:

Limitations and restrictions of the use of the subject property;

Restrictions on construction activity that will occur on and around the subject property;

Conditions concerning the character and design of the proposed use and development;

The location of the use within the subject property;

The provision of landscaping and screening, with specific regarding to design, quantity, quality, size and location;

Restrictions on the hours of operation of the use;

A requirement that the subject property be developed and used in strict accordance with a site plan that is attached to the ordinance granting the special use permit; and

Any other matters relating to the purposes and objectives of this Code.

Violation of conditions. Violation of any of the conditions imposed pursuant to subparagraph 36-14-6(b)(6)a. of this article will be a violation of this Code and will constitute grounds for revocation of the special use permit.

Periodic review. The planning and zoning commission may recommend, and the village board may impose, a requirement that the special use permit be publicly reviewed periodically pursuant to and in accordance with such procedures as are set forth in the ordinance granting the special use permit. In every instance, such procedures will provide the applicant with advance notice of, and an opportunity to be heard at, such periodic review.

(7)

Affidavit of compliance with conditions. Whenever any special use permit granted pursuant to this section is made subject to conditions or limitations to be met by the applicant, the applicant will, upon meeting such conditions, file an affidavit with the zoning administrator so stating. Such affidavit will be accompanied by a nonrefundable fee, to be fixed in each case by the zoning administrator, to recover the village's actual direct cost of an inspection to verify that such conditions and limitations have been met.

(8)

Effect of issuance of a special use permit. The granting of a special use permit will not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but will merely authorize the preparation, filing and processing of applications for any permits or approvals that may be required by the codes and ordinances of the village, including but not limited to, a certificate of zoning compliance, a building permit, a certificate of occupancy and subdivision approval.

(9)

Limitations on special use permits. Subject to an extension of time granted by the Zoning Administrator pursuant to subparagraph 36-14-1(a)(12) of this article, no special use permit will be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is there-after diligently pursued to completion or unless a certificate of occupancy is issued and a use commended within that period. A special use permit will be deemed to authorize only the particular use for which it was issued, and such permit will automatically expire and cease to be of any force or effect if such use will, for any reason, be discontinued for a period of six consecutive months or more. Except when otherwise provided in the ordinance granting a special use permit, a special use permit will be deemed to relate to, and be for the benefit of, the current owner or operator of the use or lot in question rather than to the lot itself.

(10)

Amendments to special use permits. A special use permit may be amended, varied or altered only pursuant to the procedures and subject to the standards and limitations provided in this subsection 36-14-6(b) for its original approval.

(11)

Renewal of special use permits. The village board may, in accordance with the procedures and standards set out in this subsection, consider requests for renewal of special use permits. An application for the renewal of a special use permit must be filed by the party to whom a special use permit was granted, or a permitted successor thereto or assignee thereof, and must be filed prior to the date on which the term of the special use permit is scheduled to expire. The village board may consider such request at a public hearing following notice pursuant to subparagraph 36-14-3(c)(2)c.3. of this article. The village board may, but will have no obligation to, seek the recommendation of another board or commission of the village prior to such consideration. In the event that the party requesting such renewal demonstrates, to the satisfaction of the village board, that the standards and circumstances under which the special use permit was originally approved have not materially changed, then the village board will, by ordinance duly adopted, renew the special use permit for the same period of time for which the special use permit was first valid. In the event that the village board determines that the standards and circumstances under which the special use permit was originally approved have materially changed, the village board will have no obligation to renew the special use permit.

(c)

Planned developments.

(1)

Authority. The village board may, in accordance with the procedures and standards set out in this section and by ordinance duly adopted, grant a planned development in the form of special use.

(2)

Purpose. The planned development standards of this section provide for developments incorporating a single type or a variety of related uses that are planned and developed as a unit. Such developments may consist of conventionally subdivided lots and/or provide for development by alternative designs to highlight environmental characteristics and unique views or vistas; provide public amenities, superior site design; or deliver benefit to those who will live on, work at or visit the site and to the village as a whole. The purpose of the planned development is to permit:

A maximum choice in the types of environments available to the public by allowing a development that would not be possible under the strict application of the other sections of this chapter.

Permanent preservation of common open space and recreation areas and facilities.

A pattern of development to preserve natural vegetation, topographic and geologic features.

A creative approach to the use of land and related physical facilities that results in better development and design and the construction of aesthetic amenities.

An efficient use of the land resulting in more economic networks of utilities, streets, schools, public grounds and buildings, and other facilities.

Use of land that promotes the public health, safety, comfort, morals and welfare.

Innovations in residential, commercial, mixed use, and industrial development so that growing demands of the population may be met by greater variety in type, design and layout of buildings and by the conservation and more efficient use of open space ancillary to said buildings.

(3)

Applicability, modifications, and conditions. Planned developments are authorized in all zoning districts, and shall be considered as a special use subject to the following:

Applicability. The requirements of this section shall apply to proposed developments as determined by the zoning administrator, in keeping with the purpose of planned development as described in subsection (2), Purpose, above.

Modifications. In order to achieve the intent of this section, exceptions to any zoning standard in this chapter may be varied, with the exception of land use.

Conditions. The approval of a preliminary planned development concept plan or final planned development plan may be conditioned upon such matters as the corporate authorities may find necessary to prevent or minimize any possible adverse effects of the proposed planned development, or to ensure the development's compatibility with surrounding uses, or to ensure the development's consistency with the purposes, goals, and objectives of this Code and the comprehensive land use plan. Such conditions will be set forth in the ordinance granting the approval in question, and violation of any such condition shall constitute grounds for revocation of all approvals granted for the planned development.

(4)

Procedure. A planned unit development shall be granted as a special use and shall be accompanied by the required plats and documents. Planned developments shall be considered in accordance with the following process:

Informal review conference. To initiate the planned development process, the owner/developer has the option to meet with village staff for an informal review of the potential development, its compliance with the village comprehensive plan and development ordinances, appropriateness for the site and surrounding areas, the approval process and related matters. The informal review conference does not require formal application, fee, or filing of a planned unit development plat.

To make the discussion productive, applicants are advised to provide information describing the land use, property size, and character of the anticipated development.

Technical review preapplication conference. A formal meeting to review the proposed planned development shall be held with village staff for preliminary consideration of the proposed development in light of the requirements of this chapter.

The following materials shall be provided to the village prior to scheduling and conducting the technical preapplication conference.

General site information. Data regarding site conditions and size, land characteristics, available community facilities and utilities, existing covenants, and related general information about land uses within one-half mile of the proposed site.

Sketch plan. A scaled drawing in sketch form showing the proposed location and extent of the land uses, major streets, lots, environmental areas, stormwater management facilities, and other features as needed to convey the proposed form of development.

Property survey. A property survey and legal description of the site proposed for development.

Proof of ownership or interest. Copy of the last recorded deed or title track search to establish ownership of the property. If applicant is not the owner, an affidavit from the owner authorizing the applicant to pursue zoning approval with the village regarding the property, or a signed letter of intent or contract to purchase/lease the property (contract terms may be redacted).

Commission review preapplication conference. Prior to filing an application for consideration of a planned development and following the technical review preapplication conference, a workshop meeting will be held with village planning and zoning commission for preliminary consideration of the proposed development in light of the requirements of this chapter. At this meeting the planning and zoning commission will convey questions, comments, and information expected to be addressed at the concept plan approval stage. Any views expressed in the course of the planning and zoning commission's preapplication conference shall be deemed to be only preliminary and advisory and only the individual views of the member expressing them. Nothing said or done in the course of such review shall be deemed to create, or to prejudice, any rights of the applicant or to obligate the planning and zoning commission, or any member of it, to recommend approval or denial of any formal application following full consideration as required by this chapter.

Submittal requirements for the commission review will be the same as those for the technical review preapplication conference, as well as other materials that may be directed by the zoning administrator as needed to provide useful background for the commission.

Planned development concept plan approval.

Formal application. A formal application for preliminary planned development concept plan approval will be filed in accordance with the requirements 36-14-3 (a)(1)c.) and (a)(5)i., shall be made on forms provided by the village and follow procedures outlined in section 36-14-3(a) of this Code.

Referral. Every properly filed and completed formal application for planned development concept plan will be referred by the zoning administrator to the planning and zoning commission.

Public hearing. In any case where a formal application for a planned development is referred to the planning and zoning commission pursuant to subparagraph 36-14-6(c)(4)d.2. of this subsection, a public hearing will be set, noticed and conducted by the planning and zoning commission in accordance with subsection 35-14-3(c) of this article.

Submittal requirements. Materials to be provided for the planned development concept plan approval shall be as outlined in section 36-14-3(a)(5)i.

Action by the planning and zoning commission. Within 45 days following conclusion of the public hearing, the planning and zoning commission will transmit to the village board its recommendation either granting the approval of the planned development concept plan; granting the application subject to conditions; or denying the application.

In its deliberation, the planning and zoning commission shall only make a positive finding for approval if the proposed concept plan satisfies the standards for special use permits per section 36-14-6(b)5.a., b., and c., and those standards contained in section 36-14-6(c)(5).

Failure of the planning and zoning commission to act within 21 days, or such further time to which the applicant may agree, will be deemed a recommendation for denial of the proposed planned development concept Plan.

Action by the village board. Within 90 days following the receipt of the recommendation of the planning and zoning commission, or its failure to act as above provided, the village board will either deny the application or, by ordinance authorize that the application be considered for planned development final plan approval.

Concurrent review. An applicant for planned development may request concurrent review of concept and final plans. Such request shall be approved at the sole determination of the zoning administrator. If concurrent review is authorized, the process shall include the public hearing required by this section and all materials required under Subsection e, below, shall be provided prior to scheduling said hearing.

Planned development final plan approval.

Formal application. Within six months of approval by the village board of the planned development concept plan as outlined above, the applicant shall initiate the planned development final plan approval process by submitting the material outlined in subparagraph iv below to the zoning administrator. Failure to submit a completed application within that time frame will negate the previous approval of the planned development concept plan.

Referral. Every properly filed and completed formal application for planned development final plan will be referred by the zoning administrator to the planning and zoning commission.

Public meeting. In any case where a formal application for a planned development is referred to the planning and zoning commission pursuant to subparagraph 36-14-6(c)(4)d.2. of this subsection, a public meeting will be conducted by the planning and zoning commission.

Submittal requirements. Materials to be provided for the planned development final plan approval shall be as outlined in section 36-14-3(a)(5)j.

Action by the planning and zoning commission. Within 21 days following conclusion of the public meeting or hearing, the planning and zoning commission will transmit to the village board its recommendation either granting the approval of the planned development final plan; granting the application subject to conditions; or denying the application.

The planning and zoning commission shall not recommend approval of a planned development final plan without making positive findings regarding:

The standards for special use permits per section 36-14-6 (b)(5)a., b., and c., and the standards set forth in section 36-14-6(c)(5).

ii.

That the planned development final plan is substantially in conformance with the approved concept plan and that there is: a) no change in land uses, b) no increase to the number of dwellings c) no increase of more than one percent to square feet of commercial development, d) no increase of more than one percent to lot coverage, e) no decrease by more than one percent to open space, f) no increase in traffic generation, g) no decrease by more than one percent of parking spaces), h) no significant change to site layout or landscaping. Should the zoning administrator fail to find the final plan in substantial conformance, the final plan shall be reconsidered as a concept plan per subsection d above, and include a new public hearing for that deliberation.

Failure of the planning and zoning commission to act within 45 days, or such further time to which the applicant may agree, will be deemed a recommendation for denial of the proposed planned development final plan.

Action by the village board. Within 90 days following the receipt of the recommendation of the planning and zoning commission, or its failure to act as above provided, the village board will either deny the application or, by ordinance approve the planned development final plan approval.

Time extensions. Upon written request by the applicant, the village board, for good cause, may extend the filing period for the final development plan for a period not to exceed an additional 12 months.

Recording of final plat. The ordinance authorizing construction of the planned development final plan shall be effective only upon recording of the planned development final plan and any supporting data with the county recorder of deeds. No permit allowing construction of a building or other development shall be issued until the required recording of the final plan, approval of the final engineering plan by the village engineer and the posting by the developer of the required improvement deposits as set forth in paragraphs 9. and 10. below. All recording costs shall be paid by the developer.

Public facilities. All public facilities and improvements made necessary as a result of the planned development and identified in the final plan, and associated materials shall, at the election of the zoning administrator, be secured by escrow deposits, irrevocable letters of credit or performance bond, in a form approved by the village attorney, shall be delivered to guarantee construction of the required improvements. Any such guarantee shall be 110 percent of the estimate approved by the village engineer of the cost to construct said improvements.

10.

Guarantee deposit. In addition to the deposit provided for in paragraph ix, a deposit shall be made to the village in cash, irrevocable letters of or maintenance bond credit (in a form approved by the village attorney) equal to 15 percent of the estimated cost of public facilities installations. This deposit shall be a guarantee of satisfactory performance of the facilities constructed within the planned unit development and shall be held by the village for a period of 18 months after acceptance of such facilities by the village. After such 18 months, the deposit shall be refunded if no defects have developed, or if any defects have developed, then the balance of such deposits shall be refunded after reimbursement for amounts expended in correcting defective facilities. The deposit under this paragraph shall be made immediately upon completion and approval of the construction of said public facilities, and the performance guarantee for the public facilities shall thereupon be released. No public improvements will be accepted by the village prior to the guarantee deposit being provided in accordance with this section.

(5)

Additional standards for planned developments. All planned development must adhere to the following standards:

Open space. A minimum of 20 percent of the land area devoted to residential use shall consist of common open space. For an entirely residential development, the open space shall be based on the entire development area. For a mixed use development, the open space shall be based on that portion of the development that contains residential uses.

Common open space must be accessible from every dwelling in the planned development via direct access or easement.

Areas included in yard setbacks may not be counted toward the total area required for common open space.

Recreational facilities many not be part of the common open space unless indicated on the approved planned development final plan.

All areas designated to become permanent common open space must be conveyed to and maintained by a park district, school district, other public agency, private association, or condominium association, in a manner deemed appropriate by the village board.

No certificate of occupancy may be granted for a structure in the planned development unless a proportionate share of the common open space and required facilities have been inspected and approved by the village, as determined by the zoning administrator.

Environmental areas. Every effort shall be made in the design and construction of a planned development to preserve, enhance, and establish as an amenity any environmental areas on the property. Environmental areas are those that include wetlands, floodplain, floodway, significant trees or stands of trees, bogs, savannahs, native prairies or other areas so determined by the planning and zoning commission. Development within or that disturbs an environmental areas shall only be allowed should the planning and zoning commission recommend, and the village board approve a finding that such disruption is necessary as there is no available or feasible alternative to the proposed construction; taking into account the cost, logistics, proposed use, and available technology for construction. Any approved disruption of an environmental area shall be based on evidence provided by the applicant that the least possible disruption is being made to the area.

Design guidelines. All development is required to meet standards within the Village of Bourbonnais Commercial, Office and Industrial Design Guidelines.

General conditions. The planned unit development shall not be designed as to be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.

(6)

Changes in the planned development. The planned development shall be developed only according to the approved and recorded final plan and all supporting data. The recorded final plan and supporting data together with all recorded amendments shall be binding on the applicants, their successors, grantees and assigns and shall limit and control the use of the premises (including the internal use of buildings and structures) and location of structures in the planned development project as set forth therein.

Major changes. Changes that alter the concept or intent of the planned unit development including: i) increases in density, ii) increases in the height of buildings, iii) reductions of proposed open space, iv) changes in the sequence of development, v) changes in road standards, vi) or changes in the final governing agreements, provisions, or covenants, may be approved only by submission of a new concept plan and following the planned development concept plan approval procedure and subsequent approval of the new planned development final plan.

Minor changes. The zoning administrator may approve minor changes in the planned development that do not change the concept or intent of the development, without going through the concept plan approval steps. Approved changes shall be reported to and ratified by the village board. Minor changes are defined as any change not defined as a major change.

Final plan revisions. All changes to the final plan shall be recorded with the county recorder of deeds as amendments to the final plat, or reflected in the recording of a new corrected final plat or ordinance approving a change to the final plan.

Revocation of planned development approval. The village board may consider the planned development subject to revocation if construction falls more than two years behind the schedule filed with the final plan. The developer shall be notified in writing at least 90 days prior to any revocation hearing. Extensions of the building schedule part of the final plan approval may be granted by the village board.

(d)

Site plan and design review.

(1)

Authority. Except in the cases of uses and developments requiring a special use permit pursuant to the provisions in this code, the zoning administrator may, as a matter of original jurisdiction and in accordance with the procedures and standards set out in this section, grant site plan approval to uses and developments requiring such approval pursuant to subparagraph 36-14-6(d)(3) of this subsection. In case of uses and developments requiring a special use permit pursuant to subsection 36-14-6(b) or subsection 36-14-6(c) of this article, and in cases of appeal from a denial of approval by the zoning administrator, the planning and zoning commission or the village board may grant site plan approval in accordance with the procedures and standards set out in this section.

(2)

Purpose. The site plan and design review process recognizes that even those uses and developments that have been determined to be generally suitable for location in a particular district are capable of adversely affecting the purposes for which this Code was enacted unless careful consideration is given to critical design elements. It is the purpose of this section to provide a vehicle for the review of the developer's attention to such elements.

(3)

Site plan review required.

Zoning administrator review. Site plan review by the zoning administrator in accordance with this section will be required in connection with the following developments:

Any multiple-family residential development located in the village;

Any non-residential development located in the village; and

Any development containing a use identified in this Code as requiring site plan review, including, without limitation, uses so designated in sections 36-7-4 and 36-10-6.

Planning and zoning commission review. Site plan review by the planning and zoning commission shall be sought in any case of a denial of site plan approval by the zoning administrator.

(4)

Parties entitled to seek site plan approval. Application for site plan review may be filed by the owner of, or any person having a contractual interest in, the subject property.

(5)

Procedure.

Zoning administrator approvals.

Application. Applications for site plan approval by the zoning administrator will be filed in accordance with the requirements of subsection 36-14-3(a) of this article.

Action by zoning administrator. Within 30 days following receipt by the zoning administrator of a properly completed application, the zoning administrator will cause such application and the attached site plan to be reviewed, in terms of the standards established by subparagraph 36-14-6(d)(6) of this subsection, by appropriate members of her staff.

He will then either: (1) approve the site plan as submitted; (2) on the basis of written findings in accordance with subparagraph (6) below, approve it subject to specific modification; or (3) on the basis of such written findings, deny approval of the site plan.

Immediately upon concluding her review, the zoning administrator will return one copy of the site plan to the applicant marked to show either approval, approval subject to modification, which modification will be clearly and permanently marked on such plans, or denial of approval. The zoning administrator will maintain a similarly marked set of such plans in her files for any further processing that may be required.

The failure of the zoning administrator to act within said 30 days, or such further time to which the applicant may agree, will be deemed to be a decision approving the site plan as submitted.

Effect of zoning administrator's action. The action of the zoning administrator in approving a site plan or in approving a site plan subject to modifications that are acceptable to the applicant will constitute a final administrative action and will not be subject to further review by, or appeal to, any village board or commission.

The action of the zoning administrator in denying an application for site plan approval or in approving a site plan subject to modifications that are not acceptable to the applicant (which action the applicant may treat as a denial) will not be considered final action by the village but will only be authorization for the applicant to seek approval of the site plan from the planning and zoning commission by way of the appeal procedure set forth below.

Appeals. Within 45 days following a denial of site plan approval by the zoning administrator, the applicant may seek approval of the site plan by filing an application for appeal to the planning and zoning commission in accordance with the requirements of subsection 36-14-3(a) of this article. Any such appeal will be proceeded in accordance with the provisions of subparagraph (5)b. below.

Appellate jurisdiction.

Application. Applications for site plan approval by the planning and zoning commission under its appellate jurisdiction will be filed in accordance with the requirements of subsection 36-14-3(a) of this article. In cases where review is sought by way of an appeal of a denial of site plan and design approval by the zoning administrator, the application for appeal will be filed within 45 days following such denial.

Action by zoning administrator in appeal cases. Upon receipt of a properly completed application for an appeal of a denial of site plan and design approval by the zoning administrator, the zoning administrator will forthwith transmit to the planning and zoning commission the application for appeal, the original application for site plan approval, all papers constituting the record upon which the zoning administrator's denial was based and a copy of the zoning administrator's decision denying the application for site plan approval.

Public meeting. A public meeting will be set, noticed and conducted by the planning and zoning commission in accordance with subsection 36-14-3(c) of this article.

Action by planning and zoning commission. Within 35 days following the conclusion of the public meeting, the planning and zoning commission will, either approve the site plan and design as submitted, make modifications acceptable to the applicant and approve such modified site plan or approve or disapprove it in the manner hereinafter specified.

The failure of the planning and zoning commission to act within 60 days, or such further time to which the applicant may agree, will be deemed to be a decision denying site plan approval.

The action of the planning and zoning commission in denying an application for site plan and design approval or in approving a site plan subject to modifications that are not acceptable to the applicant (which action the applicant may treat as a denial) will not be considered final action by the village but will only be authorization for the applicant to seek approval of the site plan and design from the village board by way of the appeal procedure set forth below.

Right to final appeal. Within 45 days following denial of site plan and design approval by the planning and zoning commission, the applicant may seek approval of the site plan and design by filing an application for appeal to the village board in accordance with the requirements of subsection 36-14-3(a) of this article. Within 35 days of receiving a properly prepared and filed notice of appeal, including, without limitation, all documents provided to the planning and zoning commission, the village board shall, without further hearing, affirm, reverse, or modify the decision of the planning and zoning commission. The failure of the village board to act within 35 days shall be deemed to be a final decision of the village denying the appeal and affirming the decision of the planning and zoning commission. The decision of the village board shall in all instances be considered a final decision.

(6)

Standards for site plan disapproval.

Standards. The zoning administrator, planning and zoning commission, and the village board will not disapprove a site plan submitted pursuant to this section except on the basis of specific written findings directed to one or more of the following standards:

The application is incomplete in specified particulars or contains or reveals violations of this Code or other applicable regulations that the applicant has, after written request, failed or refused to supply or correct.

The application is submitted in connection with another application, the approval of which is a condition precedent to the necessity for site plan review, and the applicant has failed to secure approval of that application.

The site plan or design fails to adequately meet specified standards required by this Code with respect to the proposed use or development, including special use standards, where applicable.

The site plan fails to comply with the Village of Bourbonnais Commercial, Office, and Industrial Design Guidelines, and the site is located within jurisdiction of the commercial, office, and industrial guidelines.

The proposed site plan or design interferes with easements or rights-of-way.

The proposed site plan or design is unreasonably injurious or detrimental to the use and enjoyment of surrounding property.

The proposed site plan or design creates undue traffic congestion or hazards in the public streets, or the circulation elements of the proposed site plan or design unreasonably create hazards to safety on or off site or disjointed or inefficient pedestrian or vehicular circulation path on or off site.

The screening of the site does not provide adequate shielding from or for nearby uses.

The proposed site plan or design creates unreasonable drainage or erosion problems or fails to fully and satisfactory integrate the site into the overall existing and planned drainage system serving the village.

10.

The proposed site plan or design places unwarranted or unreasonable burdens on specified utility systems serving the site or area or fails to fully and satisfactory integrate site utilities into the overall existing and planned utility systems serving the village.

11.

The proposed site plan or design does not provide for required public uses designated on the official map.

12.

The proposed site plan or design otherwise adversely affects the public health, safety or general welfare.

Alternative approaches. In citing any of the foregoing standards, other than those of subparagraphs (6)a.1. and (6)a.2., as the basis for disapproving a site plan and design, the zoning administrator, planning and zoning commission, or the village board may suggest alternative site plan or design approaches that could be developed to avoid the specified deficiency or may state the reasons why such deficiency cannot be avoided consistent with the applicant's objectives.

(7)

Effect of site plan approval. Approval of a site plan or design will not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but will merely authorize the preparation, filing and processing of applications for any permits or approvals that may be required by the codes and ordinances of the village, including, without limitation, a certificate of zoning compliance, a building permit, a certificate of occupancy and subdivision approval.

A copy of every approved site plan and design will be filed with the zoning administrator and the development of the site will be in substantial conformity with such approved and filed plan.

(8)

Limitations on site plan approval. Subject to an extension of time granted by the zoning administrator pursuant to subparagraph 36-14-1(a)(12) of this article, no site plan or design approval will be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a certificate of occupancy is issued and a use commenced within that period.

(9)

Adjustments to site plan or design during development.

Site plans approved by the zoning administrator. During the development of the site, the zoning administrator will have authority to authorize any adjustment to a site plan or design approved by her that she could have authorized in the course of her original review.

Site plans approved by the planning and zoning commission or village board.

Minor adjustments. During the development of the site, the zoning administrator may authorize minor adjustments to a site plan or design approved by the planning and zoning commission or village board under their appellate jurisdiction when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development. Such minor adjustments will be limited to the following:

Altering the location of any one structure or group of structures by not more than five feet or one-fourth of the distance shown on the approved site plan between such structure or structures and any other structure or any vehicular circulation element or any boundary of the site plan, whichever is less.

ii.

Altering the location of any circulation element by not more than five feet or one-fourth of the distance shown on the approved site plan between such circulation element and any structure, whichever is less.

iii.

Altering the location of any open space by not more than 20 feet.

iv.

Altering any final grade by not more than ten percent of the originally planned grade.

Altering the location or type of landscaping elements.

Such minor adjustments will be consistent with the intent and purpose of this Code and the site plan and design as approved, will be the minimum necessary to overcome the particular difficulty and will not be approved if they would result in a violation of any standard or requirement of this Code.

Major adjustments. Any adjustment to a site plan or design approved by the planning and zoning commission or village board under their appellate jurisdiction that is not authorized by subparagraph (9)b.1. above will be considered a major adjustment and will be granted only upon application to and approval by, the planning and zoning commission or village board. The village board may, by ordinance duly adopted, grant approval for major adjustment without referral to the planning and zoning commission upon finding that any changes in the site plan or design as approved will be in substantial conformity with said plan.

(10)

Amendments to site plan or design following completion of development. After a site is developed in accordance with an approved site plan and design, the approved site plan may be amended, varied, or altered in the same manner and subject to the same limitations as provided for the original approval of site plans.