The administration of this chapter is hereby vested in the following:

(1)

The village board of trustees.

(2)

The zoning administrator.

(3)

The planning and zoning commission.

(Ord. No. O-11-03-4, § 13.01, 11-24-2003)

(a)

Authority. For the purpose of promoting the public health, safety, and general welfare, conserving the value of property throughout the community, and lessening or avoiding congestion in the public streets and highways, the village board of trustees may, from time to time, in the manner hereinafter set forth, amend the regulations imposed in the districts created by this chapter or amend district boundary lines provided that in all amendatory ordinances adopted under the authority of this section, due allowance shall be made for existing conditions, the conservation of property values, the official comprehensive plan adopted on September 9, 1975, and subsequently amended, the direction of building development to the best advantage of the entire community, and the uses of which property is devoted at the same time of the adoption of such amendatory ordinance from which this chapter is derived. An amendment shall be granted or denied by the village board of trustees only after public hearing before the planning and zoning commission and a report of its findings and recommendations has been submitted to the village board of trustees.

(b)

Initiation of amendment. Amendments may be proposed by the village board, by the planning and zoning commission, other governmental bodies, or by any owner of the property to be redistricted within the jurisdictional limits of this chapter.

(c)

Application and processing. One original and ten copies of an application for amendment with the required fee shall be filed with the village clerk and thereafter introduced to the village board by the village clerk to the planning and zoning commission with a request for a public hearing. When the application is by the village board, the planning and zoning commission, such application may be made directly to the planning and zoning commission with a request for public hearing without formal application or fee. In such cases, the village attorney shall submit the proposed zoning ordinance amendment directly to the planning and zoning commission. The application shall include as a minimum:

(1)

The legal description and common address of subject property.

(2)

A current plat of survey locating lot lines and all existing structures.

(3)

The existing zoning of subject property and within 100 feet.

(4)

The proposed zoning and land use.

(5)

The ownership or disclosure of beneficial interest.

(6)

Other information as may be required by the planning and zoning commission to make a recommendation on the request.

(d)

Hearing. Within 60 days of receipt by the zoning administrator of all required application information and payment of any required fees, the planning and zoning commission shall hold a public hearing on such application at a time and place as shall be established by legal notice of hearing by the chairperson. The hearing shall be conducted and a record of the proceedings shall be preserved in accordance with rules prescribed by the planning and zoning commission.

(e)

Notice of hearing.

(1)

Where an amendment is proposed by the village board or the planning and zoning commission, the village shall publish notice of the time and place of the hearing at least once in one or more newspapers published in the village, or if no such newspaper exists then in one or more newspapers with a general circulation within the village that are published within Kankakee County. Such publication shall occur not more than 30 days nor less than 15 days before such hearing.

(2)

Where an amendment is proposed by another governmental body or by any owner of property subject to the village's zoning regulations, said applicant shall:

a.

Provide the village with all information necessary for the publication of notice of the public hearing, including, but not limited to, an accurate legal description of each property for which a change in zoning classification is to be considered, and pay any and all costs arising from such publication. The village will then publish notice of the time and place of the hearing at which the application will be considered at least once in one or more newspapers published in the village, or if no such newspaper exists then in one or more newspapers with a general circulation within the village that are published within Kankakee County. Such publication shall occur not more than 30 days nor less than 15 days before such hearing;

b.

Where the proposed amendment affects the zoning classification of an individual property or group of properties, the applicant shall provide notice by certified mail, return receipt requested, to all owners of property located within 250 feet from the boundaries of the properties that are the subjects of the proposed amendment. Said notice shall be mailed not more than 30 days nor less than 15 days prior to the public hearing date, and upon completion of the same the applicant shall submit a certificate listing the names, addresses, and real property tax index numbers of all owners of property within said 250 feet, as well as an affidavit that all required notices were mailed in compliance with the provisions of this section; and

c.

Where the proposed amendment affects the zoning classification of an individual property or group of properties, the applicant shall post notice of the public hearing on each property for which a change in zoning classification will be considered. Said notice (i) shall be in the form of a sign (or signs) approved by the village; (ii) shall be posted for not less than 15 days prior to the public hearing; (ii) and shall be prominently situated on the property so as to be visible from the nearest street or public way, or as otherwise prescribed by the zoning administrator. The sign(s) shall be a minimum of eight square feet in size and shall indicate the present zoning classification, the proposed zoning classification, the time and place of the public hearing, and any other information prescribed by the zoning administrator. The applicant shall remove posted notices from the subject area properties within 15 days after the date of the public hearing.

(f)

Findings of fact and recommendation. The planning and zoning commission shall make written findings of fact and shall submit same together with its recommendation to the village board within 60 days following the date of public hearing on each application, unless said application is withdrawn or tabled by the petitioner. Where the purpose and effect of the proposed amendment, is to change the zoning classification of a particular property, the planning and zoning commission shall make findings based upon the evidence presented to it in each specific case with respect to the following:

(1)

Compatibility with surrounding land uses and the general area.

(2)

The zoning classification of property within the general area of the property in question.

(3)

Suitability of the subject property to the uses permitted under the existing zoning classification.

(4)

The trend of development, if any, in the general area of the subject property including recent changes, if any, which have taken place in its zoning classification.

(5)

The relationship of the existing zoning classification to the official comprehensive plan of of the village, adopted September 9, 1975, and subsequently amended.

The planning and zoning commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment is in the public interest and is not solely for the interest of the applicant; and that either the proposed amendment will correct an existing error or that changing conditions make the proposed amendment necessary.

(g)

Action by the village board.

(1)

The village board shall not act upon a proposed amendment to this chapter until it shall have received a written report and recommendation from the planning and zoning commission on the proposed amendment.

(2)

The village board may grant or deny any application for an amendment, provided, however, that in case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across an alley therefrom; or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered, is filed with the village clerk of the village or if the planning and zoning commission, has recommended against such amendment, the amendment shall not be passed, except by a favorable vote of two-thirds of all members of the board of trustees of the village, then holding office. In such cases a copy of the written protest shall be served by the protestor or protestors on the applicant for the proposed amendment and a copy upon the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment.

(3)

If an application for a proposed amendment is not acted upon finally by the village board within 90 days of the date the board receives the planning and zoning commission's appeal recommendations, and such time is not extended by mutual consent of the village board and petitioner, it shall be deemed to have been denied.

(h)

Effect of denial of amendment. No application for a map amendment which has been denied by the village board shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the planning and zoning commission and the village board.

(i)

Repeal of amendment. In any case where a change of boundary lines of the zoning district map has been granted, and where no development has taken place within two years, the planning and zoning commission may recommend to the village board that such zoning be affirmed or repealed and rezoned to its most appropriate district classification in accordance with the procedures under this chapter for amendments.

(Ord. No. O-11-03-4, § 13.10, 11-24-2003; Ord. No. O-1-04-1, § 13.10.5, 2-9-2004; Ord. No. O-3-18-2, § 2, 3-26-2018)

(a)

The village board shall establish a schedule of fees, charges, and expenses for occupancy certificates, appeals, application for amendments or special use, and other matters pertaining to this chapter. This schedule of fees shall be posted in the office of the village clerk and may be altered or amended by the village board.

(b)

Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.

(Ord. No. O-11-03-4, § 13.13, 11-24-2003)

Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter, shall upon conviction be fined as provided in the village fine schedule in section 18-2 for each offense. Each day that violation is permitted to exist after notification thereof shall constitute a separate offense. The zoning administrator is hereby designated and authorized to enforce this chapter in the event any building or structure constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land used in violation of this chapter, the proper local authorities of the village, or any owner or tenant of real property in the same contiguous zoning district as the building or structure in question, In addition to other remedies, may institute any appropriate action of proceeding;

(1)

To prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance or use;

(2)

To prevent the occupancy of the building, structure or land;

(3)

To prevent any illegal act, conduct, business or use in or about the premises; or

(4)

To restrain, correct or abate the violation.

When any such action is instituted by an owner or tenant notice of such action shall be served upon the village at the time suit is begun by serving a copy of the complaint on the village president of the village board. No such action may be maintained until such notice has been given.

(Ord. No. O-11-03-4, § 13.14, 11-24-2003)

(a)

No land shall be occupied or used and no building hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the zoning administrator, stating that the building complies with all the building and health laws and ordinances and with the provisions of these regulations. No change of use shall be made in any building or part thereof, now or hereafter erected or altered, without a permit having been issued to make such change unless it is in conformity with the provisions of this chapter and amendments thereto. Nothing in this section shall prevent the continuance of the present occupancy or use of any existing building, except as may be necessary for the safety of life and property.

(b)

Every application for a building permit shall be deemed to be an application for a certificate of occupancy. Every application for an occupancy certificate for a new use of land where no building permit is required shall be made directly to the zoning administrator. A certificate of occupancy shall be applied for coincidentally with the application for a building permit and shall be issued within 21 days after the erection or alteration of such building has been completed when a final inspection has been requested by contractor and the building space is found to be in compliance with applicable codes and ordinances A record of all certificates shall be kept on file in the office of the zoning administrator, and copies shall be furnished on request to any person having proprietary or tenancy interest in the building affected. A cash bond in the amount set forth in the building code of the villageshall be posted with the building inspector.

(Ord. No. O-11-03-4, § 13.03, 11-24-2003)

Certificates for the continued occupancy of nonconforming uses existing at the time of passage of the ordinance from which this chapter is derived or made nonconforming by this chapter shall state that the use is a nonconforming one and does not conform with the provisions of this chapter. The zoning administrator shall notify the owners of the property being used as a nonconforming use and shall furnish said owner with a certificate of occupancy for such nonconforming use.

(Ord. No. O-11-03-4, § 13.04, 11-24-2003)

The building inspector as zoning administrator shall be in charge of the administration and enforcement of this chapter. The building inspector shall direct the building department to:

(1)

Receive required applications, issue permits and furnish certificates of occupancy.

(2)

Examine premises for which permits have been issued, and make necessary inspections to determine compliance.

(3)

When requested by the village president of the board of trustees, or when the interest of the village so requires, make investigations and render written reports.

(4)

Issue such notices or orders as may be necessary.

(5)

Adopt rules and procedures consistent with this chapter.

(6)

Keep permanent and comprehensive current records of applications, permits, certificates, inspections, reports, notices, orders and all localized actions of the board of trustees and shall file the same permanently by street address.

(7)

Keep an up-to-date zoning district map in accordance with 65 ILCS 5/11-13-19.

(8)

Keep all such records open for public inspection, at reasonable hours with reasonable notice, but not for removal from the administrator's office.

(9)

Provide report to the village president of the board of trustees, not less than once each month to summarize permits issued.

(10)

Request and receive the assistance and cooperation of the police department, the village attorney and other village officials.

(11)

Be entitled to rely upon any opinion of the village attorney as to the interpretation of this chapter, or the legal application of this chapter to any factual situation.

(12)

Discharge such other duties as may be placed upon the administrator by this chapter.

(13)

With exercise of its duties, provide such clerical and technical assistance as may be required by the planning and zoning commission.

(Ord. No. O-11-03-4, § 13.02, 11-24-2003)

(a)

Established. A planning and zoning commission is hereby created. The planning and zoning commission shall consist of seven members appointed by the village president and confirmed by the board of trustees of the village. The members of the planning and zoning commission shall serve respectively for the following terms: One for one year, one for two years, one for three years, one for four years, one for five years, one for six years, and one for seven years, the successor to each member so appointed to serve for a term of five years. One of the members of the planning and zoning commission so appointed shall be named as chairperson at the time of his appointment.

(b)

President. The village president of the village board shall have the power to remove any member of said commission for cause and after a public hearing. Vacancies upon said commission shall be filled for the unexpired term of the member whose place has become vacant in the manner herein provided for the appointment of such member. All members of the planning and zoning commission shall serve with compensation as approved by the village board of trustees.

(c)

Secretary. The village president, may with the consent of the board of trustees, appoint a secretary to the commission who need not be a member of the commission.

(d)

Meetings. All meetings of the planning and zoning commission shall be held at the call of the chairperson, and at such times as the planning and zoning commission may determine. All hearings conducted by the planning and zoning commission under this chapter shall be in accordance with applicable state statutes. In all proceedings of the planning and zoning commission provided for in this chapter, the chairperson, and in his/her absence the vice chairperson, shall have the power to administer oaths. All testimony by witnesses at any hearing provided for in this chapter shall be given under oath. The planning and zoning commission shall keep minutes of its proceedings, and shall also keep records of its hearings and other official actions. A copy of every rule or order, requirement, decision or determination of the planning and zoning commission under this chapter shall be filed in the office of the village clerk and shall be a public record. The planning and zoning commission shall adopt its own rules and procedures, not in conflict with this chapter or with applicable state statutes.

(e)

Quorum. A majority of the planning and zoning commission shall constitute a quorum but no final action shall be taken on any measure before it except with the concurrence of a majority of the members. The chairperson shall vote with the other members of the planning and zoning commission.

(f)

Copy of rules or regulations filed with village clerk. A copy of every rule or regulation, every variation thereof, and every order, requirement, decision or determination of the planning and zoning commission under this chapter shall be filed in the office of the village clerk and shall be a public record. The planning and zoning commission shall adopt its own rules and procedures, not in conflict with this chapter or with applicable state statutes.

(Ord. No. O-11-03-4, § 13.06(1), 11-24-2003)

The planning and zoning commission shall have the following duties under this chapter.

(1)

To receive from the village clerk copies of all applications for amendments or special uses which have been introduced to the village board.

(2)

To hold public hearings on matters pertaining to application for special uses and amendments and submit reports to the village board setting forth its findings of fact and recommendations in the manner prescribed in this section for special uses and amendments.

(3)

To initiate, direct and review, from time to time, studies of the provisions of this chapter and to make reports of its recommendations to the village board not less frequently than once each year.

(4)

To hear all matters upon which it is required to pass under this chapter.

(Ord. No. O-11-03-4, § 13.06(2), 11-24-2003)

(a)

All decisions of the planning and zoning commission on any application for amendments to this zoning chapter (text or map) or any application for special use or any site plan reviews shall in all instances, be advisory in nature and shall be subject to final consideration, evaluation, and determination by the village board.

(b)

All recommendations of the board on any appeals, on any applications for a variation, or on any other matter, shall in all instances, be advisory in nature and shall be subject to final consideration, evaluation, and determination by the village board of trustees.

(Ord. No. O-11-03-4, § 13.06(3), 11-24-2003)

The planning and zoning commission shall hear and decide appeals from an administrative order, requirement, decision, or determination made by the zoning administrator or other authorized officials of the village relating to regulations of this chapter.

(Ord. No. O-11-03-4, § 13.07(1), 11-24-2003)

An appeal may be taken to the planning and zoning commission by any person, firm or corporation or by any office, department, board, bureau, or commission aggrieved by an administrative order, requirement, decision, or determination under this chapter by the zoning administrator or other authorized official of the village.

(Ord. No. O-11-03-4, § 13.07(2), 11-24-2003)

An appeal in triplicate with the required fee shall be filed with the village clerk. The village clerk shall forward such appeal to the planning and zoning commission for processing in accordance with the state revised statutes as amended, forward one copy to the zoning administrator, and retain one copy for the village clerk's files.

(Ord. No. O-11-03-4, § 13.07(3), 11-24-2003)

(a)

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative officer certifies to the board after a notice of appeal shall have been filed with him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record.

(b)

Any person may appear and testify at the hearing, either in person, or by a duly authorized agent or attorney.

(Ord. No. O-11-03-4, § 13.07(4), 11-24-2003)

All recommendations, after hearing by the planning and zoning commission, on appeals from an administrative order, requirement, decision, or determination of the zoning administrator shall be submitted to the village board of trustees for final action.

(Ord. No. O-11-03-4, § 13.07(5), 11-24-2003)

The planning and zoning commission may recommend and the village board of trustees may approve the exceptions in this division to the terms of this chapter.

(Ord. No. O-11-03-4, § 13.08(intro. ¶), 11-24-2003)

The provisions of this chapter are to be interpreted in such a way as to carry out the intent and purpose of the plan, as shown upon the zoning map fixing the several districts accompanying and made a part of this chapter where the street layout actually on the ground varies from the street layout as shown on the zoning map aforesaid.

(Ord. No. O-11-03-4, § 13.08(1), 11-24-2003)

The planning and zoning commission may permit the erection and use of a building or the use of premises in any location for a public service corporation for public utility purposes which the board determines reasonably necessary for the public convenience or welfare.

(Ord. No. O-11-03-4, § 13.08(2), 11-24-2003)

The planning and zoning commission may permit the construction of a nonconforming building which has been damaged by explosion, fire, act of God, or the public enemy, to the extent of more than 75 percent of its fair market value, where the board finds some compelling necessity requiring a continuance of the nonconforming building and the primary purpose of continuing the nonconforming building is not to continue a monopoly.

(Ord. No. O-11-03-4, § 13.08(3), 11-24-2003)

The planning and zoning commission may waive loading requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provision of loading facilities, or where such regulations would impose an unreasonably hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.

(Ord. No. O-11-03-4, § 13.08(4), 11-24-2003)

The village president and board of trustees, by ordinance, upon the report of the planning and zoning commission, and only after a public hearing before the planning and zoning commission, shall decide variations of the provisions of this chapter in harmony with its general purpose and intent, and shall vary them only in the specific instances hereinafter set forth where the planning and zoning commission shall have made a finding of fact based upon the standards hereinafter prescribed that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this chapter.

(Ord. No. O-11-03-4, § 13.09(1), 11-24-2003)

The applicant for any variance of the village's zoning ordinance shall:

(1)

Provide the village with all information necessary for the publication of notice of the hearing, including, but not limited to, an accurate legal description of each property for which a variance is to be considered, and pay any and all costs arising from such publication. The village will then publish notice of the time and place of the hearing at which the application will be considered at least once in one or more newspapers published in the village, or if no such newspaper exists then in one or more newspapers with a general circulation within the village that are published within Kankakee County. Such publication shall occur not more than 30 days nor less than 15 days before such hearing; and

(2)

Provide notice by certified mail, return receipt requested, to all owners of property located within 250 feet of the boundaries of the property that is the subject of the proposed variance. Said notices shall be mailed not more than 30 days nor less than 15 days prior to the public hearing date, and upon completion of the same the applicant shall submit a certificate listing the names and addresses of all owners of property within 250 feet, as well as an affidavit that all required notices were mailed in compliance with the provisions of this section.

(Ord. No. O-11-03-4, § 13.09(2), 11-24-2003; Ord. No. O-1-04-1, § 13.09.02, 2-9-2004; Ord. No. O-3-18-2, § 3, 3-26-2018)

(a)

The village president and board of trustees shall not vary the provisions of this chapter as authorized in this section unless the planning and zoning commission shall have made findings based upon the evidence presented to it in the following specific cases:

(1)

The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located;

(2)

The plight of the owner is due to unique circumstances;

(3)

The variation, if granted, will not alter the essential character of the locality.

(b)

For the purpose of supplementing the standards in subsection (a) of this section, the planning and zoning commission shall also, in making this determination whether there are particular difficulties or particular hardships, take into consideration the extent to which the following facts favorable to the applicant, have been established by this evidence:

(1)

The particular physical surroundings, shape or topographical conditions of the specific property involved would bring a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.

(2)

The conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoning classification.

(3)

The purpose of the variation is not based exclusively upon a desire to make more money out of the property or merely for the convenience of the owner.

(4)

The alleged difficulty or hardship has not been created by any person presently having an interest in the property.

(5)

The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.

(6)

The proposed variation will not impair an adequate supply of light and, on adjacent property or substantially increase the danger of fire or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood.

(c)

The planning and zoning commission may require such conditions and restrictions upon the premises benefited by a variation or may be necessary to comply with the standards set forth in this section to reduce or minimize the injurious effect of such variation upon other property in the neighborhood and to implement the general purpose and intent of this chapter.

(Ord. No. O-11-03-4, § 13.09(3), 11-24-2003)

Variations from the regulations of this chapter shall be granted by the village president and the board of trustees only in accordance with the standards set forth in this section, and may be granted only in the following instances and no others:

(1)

To permit side or rear yards less than the yard required by the applicable regulations. Front and corner side yards shall be reviewed by the planning and zoning commission.

(2)

To permit the use of a lot for a use otherwise prohibited solely because of the insufficient area of the lot, but in no event shall the area of a lot, not of record on the effective date of the ordinance from which this chapter is derived, be less than 90 percent of the required lot area.

(3)

To permit parking lots to be illuminated more than 30 minutes after the close of business.

(4)

To permit the same off-street parking spaces to qualify as required spaces for two or more uses, provided that the maximum use of such facility by each user does not take place during the same hours or on the same days of the week.

(5)

To reduce the applicable off-street parking or loading required to the extent of not more than one parking space or loading berth, or 20 percent of the spaces required by applicable regulations, whichever number is greater.

(6)

To increase by not more than 25 percent the maximum distance that required parking spaces are permitted to be located from the use served.

(7)

To consider any changes to the sign requirements for all districts.

(8)

To vary the maximum height and maximum floor area ratio regulations.

(9)

To permit metal buildings in B-1 and B-2 business districts in contravention of section 10-11 of this Code.

(10)

To consider the placement of a swimming pool in a side yard and/or corner side yard.

(11)

To permit the construction, maintenance, and use of fences (except chain-link fences) that are in excess of six feet in height but not to exceed 12 feet in height, but only (i) on residentially-zoned lots located adjacent to the Interstate 57 right-of-way and (ii) along those lot lines actually abutting the Interstate 57 right-of-way.

(12)

To permit the construction, maintenance, and use of fences on any lot zoned B-1 (local business), B-2 (commercial district), or B-3 (village center shopping district) and not used for any residential purpose that are in excess of eight feet in height, provided that no such fence shall be permitted in excess of 12 feet in height.

(13)

To permit the construction, maintenance, and use of fences and screening walls on any lot zoned M (industrial) and not used for any residential purpose that are in excess of eight feet in height, provided that no such fence shall be permitted in excess of 18 feet in height.

(14)

To permit any building, structure, or land that is (i) zoned M (industrial) and (ii) located within 150 feet of any lot line of a lot located in any residence district to be used for industrial purposes, including without limitation storage purposes.

(Ord. No. O-11-03-4, § 13.09(4), 11-24-2003; Ord. No. O-6-10-6, § 2, 6-14-2010; Ord. No. O-7-15-4, § 1, 7-13-2015; Ord. No. O-7-16-4, § 1, 7-11-2016; Ord. No. O-12-21-4, § 4, 12-13-2021; Ord. No. O-12-21-5, § 2, 12-13-2021; Ord. No. O-5-22-3, § 6, 5-9-2022)

The requests for variations specifically required for in section 60-233, under authorized variations shall in no case be used to accomplish a result which could otherwise be achieved by a rezoning of the property involved, such as, but not limited to, establishment or expansion of a use not permitted in a residence district; authorizing the construction of residences in other than residence districts; nor authorizing other than single-family detached residences in the R-1, R-2 and R-3 districts.

(Ord. No. O-11-03-4, § 13.09(5), 11-24-2003)

Any person, firm or corporation having been denied a variation to this zoning chapter requesting a specific parcel of property may not re-apply for a like variation on said real property until the period of one year has elapsed since the denial of the application for variation by the village president and board of trustees.

(Ord. No. O-11-03-4, § 13.09(6), 11-24-2003; Ord. No. O-1-04-1, § 13.09.02, 2-9-2004)

The village president and the board of trustees, by separate ordinance and without further public hearing, may adopt any proposed authorized variation or may refer it back to the planning and zoning commission for further consideration, and any other variation which fails to receive the approval of the planning and zoning commission shall not be passed except by the favorable vote of two-thirds of all of the board of trustees of the village.

(Ord. No. O-11-03-4, § 13.09(7), 11-24-2003)

The development and execution of the this chapter is based upon the division of the village into districts, within any one of which the use of land and buildings and structures, as related to the land, are essentially uniform. It is recognized, however, that there are special uses which because of their unique character, cannot be properly classified in any particular district without consideration, in each case, of the impact of those uses upon neighboring lands and upon the public need for the particular use at the particular locations. Such special uses fall into two categories:

(1)

Uses operated by a public agency or publicly regulated utilities or uses traditionally affected with a public interest.

(2)

Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect of their impact upon neighboring property or public facilities.

(Ord. No. O-11-03-4, § 13.11(1), 11-24-2003)

Special uses shall be authorized or denied by the village president and board of trustees in accordance with the state statutes, and the regulations and conditions set forth in this chapter for special uses. No application for a special use shall be acted upon by the village president and board of trustees until after a public hearing before the planning and zoning commission and a written report of its findings of fact and recommendations have been submitted to the village board of trustees.

(Ord. No. O-11-03-4, § 13.11(2), 11-24-2003)

Special uses may be proposed in the manner prescribed for applications for amendments by any person, firm, or corporation with a proprietary interest in the subject property requesting, or intending to request a zoning certificate.

(Ord. No. O-11-03-4, § 13.11(3), 11-24-2003)

No special use shall be granted by the village president and the board of trustees unless the special use:

(1)

Is deemed necessary for the public convenience at the location;

(2)

Is so designated, located and proposed to be operated that the public health, safety and welfare will be protected;

(3)

Will not cause substantial injury to the value of other property in the neighborhood in which it is located; and

(4)

Has been recommended by the planning and zoning commission and approved by the village president and the board of trustees, and conforms, except in the case of a planned development, to the applicable regulations of the district in which it is located.

(Ord. No. O-11-03-4, § 13.11(4), 11-24-2003)

Within 30 days of receipt by the village clerk of all required application information and payment of any required fees, the planning and zoning commission shall hold a public hearing on such application at a time and place as shall be established by legal notice of hearing by the chairperson. The hearing shall be conducted and a transcript of the proceedings shall be preserved in accordance with rules prescribed by the planning and zoning commission.

(Ord. No. O-11-03-4, § 13.11(5), 11-24-2003)

The applicant for any special use shall:

(1)

Provide the village with all information necessary for the publication of notice of the hearing, including, but not limited to, an accurate legal description of each property for which the issuance of a special use permit is to be considered, and pay any and all costs arising from such publication. The village will then publish notice of the time and place of the hearing at which the special use application will be considered at least once in one or more newspapers published in the village, or if no such newspaper exists then in one or more newspapers with a general circulation within the village that are published within Kankakee County. Such publication shall occur not more than 30 nor less than 15 days before such hearing; and

(2)

Provide notice by certified mail, return receipt requested, to all owners of property located within 250 feet from the boundaries of the property that is the subject of the proposed special use. Said notices shall be mailed at not more than 30 days nor less than 15 days prior to the public hearing date, and upon completion of the same the applicant shall submit a certificate listing the names and addresses of all owners of property within 250 feet, as well as an affidavit that all required notices were mailed in compliance with the provisions of this section.

(Ord. No. O-11-03-4, § 13.11(6), 11-24-2003; Ord. No. O-1-04-1, § 13.11.6, 2-9-2004; Ord. No. O-3-18-2, § 4, 3-26-2018)

The planning and zoning commission shall make written findings of fact and shall submit same together with its recommendations to the village board within 60 days following the date of public hearing on each application, unless said application is withdrawn or tabled by the petitioner.

(1)

The planning and zoning commission shall make findings based upon the evidence presented to it in each specific case with respect to the following:

a.

Compatibility with surrounding land uses and the general area.

b.

The zoning classification of property with the general area of the property in question.

c.

The suitability of the subject property to the uses permitted under the existing zoning classification.

d.

The trend of development if any, in the general area of the subject property, including recent changes, if any, which have taken place in its zoning classification.

e.

The relationship of the existing zoning classification to the official comprehensive plan of the village adopted September 5, 1975, and subsequently amended.

(2)

The planning and zoning commission shall not recommend the approval of a proposed special use unless it finds that:

a.

The approval of such special use is in the public interest and not solely for the interest of the applicant.

b.

The proposed use at that particular location requested is necessary or desirable to provide a service or a facility which is in the interest or public convenience and will contribute to the general welfare of the neighborhood or community.

c.

Such use will not under the circumstances of the particular case be detrimental to the health, safety, morals or general welfare of persons residing or working in the vicinity or injurious to property values or improvements in the vicinity.

d.

The proposed use will comply with the regulations and conditions specified in this chapter for such use, and with the stipulations and conditions made a part of the authorization granted by the village board of trustees.

(Ord. No. O-11-03-4, § 13.11(7), 11-24-2003)

The planning and zoning commission may recommend and the village president and board of trustees may approve variations of provisions of this chapter and/or such conditions and restrictions upon the construction, location, and operation of a special use, including, but not limited to, provisions for off-street parking and loading, landscaping, screening and yard requirements, as may be deemed necessary to promote the general objectives of this chapter and to minimize any potential injury to the value or use of property in the neighborhood.

(Ord. No. O-11-03-4, § 13.11(8), 11-24-2003)

(a)

The village board shall not act upon proposed special use until it shall have received a written report and recommendations from the planning and zoning commission on the proposed special use.

(b)

The village board may grant or deny any application for special use; provided, however, that in case of a written protest against any proposed special use signed and acknowledged by:

(1)

The owners of 20 percent of the frontage proposed to be altered;

(2)

The owners of 20 percent of the frontage immediately adjoining or across an alley therefrom; or

(3)

The owners of 20 percent of the frontage directly opposite the frontage proposed to be altered;

is filed with the village clerk of the village, or if the planning and zoning commission has recommended against such special use, the special use shall not be passed, except by a favorable vote of two-thirds of all members of the board of trustees of the village.

(c)

If an application for a proposed special use is not acted upon finally by the village board within 90 days of the date the board receives the planning and zoning commission's recommendations, and such time is not extended by mutual consent of the village board and petitioner, it shall be deemed to have been denied.

(Ord. No. O-11-03-4, § 13.11(9), 11-24-2003)

Application for special use which has been denied by the village board shall not be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the planning and zoning commission and the village board.

(Ord. No. O-11-03-4, § 13.11(10), 11-24-2003)

In any case where a special use has been granted, and where no development has taken place within two years, the planning and zoning commission may recommend to the village board that such zoning be affirmed or repealed to its most appropriate zoned district classification in accordance with the procedures under this chapter.

(Ord. No. O-11-03-4, § 13.11(11), 11-24-2003)

(a)

To encourage the most orderly development of the properties through advance planning and thus, assure adequate standards for the development of residential neighborhoods; provide regulations to encourage a variety of dwelling types; ensure adequate open space; provide for improved development design; protect residential areas from undue traffic congestion, protect residential areas from the intrusion of business, industrial and other land uses that may create an adverse effect upon the living environment; and thus, promote the general welfare of the community.

(b)

To promote the cooperative development of business or commercial centers each with adequate off-street parking, to control access points on thoroughfares, to separate pedestrian and automobile traffic, to aid in stabilizing property values, to develop centers of the size and location compatible with the market potential, to buffer adjacent residential areas with landscape green spaces and to encourage harmonious architecture between adjacent commercial buildings and between home and commercial buildings.

(Ord. No. O-11-03-4, § 13.12(1), 11-24-2003)

Generally speaking, the basic provisions and requirements concerning planned development are the subdivision, development and use of land containing three or more acres as an integral unit, combining one or more primary land uses, and which may provide for, but are not limited to, single-family residential, multiple-family residential, education, business, commercial, industrial, recreational, park and public use areas may be described as a planned development (See section 60-4); however, the procedures of this division shall also be applicable to those uses determined by the corporate authorities of the village to present unique planning opportunities and challenges and where the greater flexibility afforded by the planned development process will promote the health, safety, welfare, and morals of the citizens and residents of the village. All planned developments shall be established and authorized as a special use, in addition to the foregoing provisions, the following procedures, requirements, restrictions, standards and conditions in this division shall be observed. The planned development may be exempted from the provisions of the subdivision regulations in chapter 46 and of this chapter of the village to the extent specified in the final authorization of the planned development's special use ordinance.

(Ord. No. O-11-03-4, § 13.12(2), 11-24-2003; Ord. No. O-6-23-2, § 7, 6-12-2023)

(a)

Preapplication conference. A preapplication conference shall be held with the planning and zoning commission prior to filing a formal application. At such conference, the applicant shall provide information as to:

(1)

The location of the proposed planned development, the uses, and approximate area of use for each use category;

(2)

Topographic map at five foot contours;

(3)

A list of any and all exceptions to the subdivision regulations and zoning ordinance of the village; and

(4)

Any other information necessary to clearly explain the planned development to the planning and zoning commission.

(b)

Review and consideration of proposed plan. The planning and zoning commission will review and consider the proposed plan as to its compatibility with the official comprehensive plan, adopted September 5, 1975, and subsequently amended and the goals and policies for planning of the village and advise the applicant on the information, documents, exhibits, drawings and any limitations on the proposal that should be included in the application to the village for a special use permit for a planned development.

(Ord. No. O-11-03-4, § 13.12(3), 11-24-2003)

Prior to granting any special uses, the planning and zoning commission may recommend to the village board such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection and requirements specified herein or as may be from time to time required. In all cases in which special uses are granted, the village board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.

(Ord. No. O-11-03-4, § 13.12(8), 11-24-2003)

After a public hearing, no application for a special use which has been denied wholly or in part by the village board shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of substantial new evidence or proof of changed conditions found to be valid by the planning and zoning commission and the village board.

(Ord. No. O-11-03-4, § 13.12(9), 11-24-2003)

In any case, where a special use has been granted, and where no development has taken place within two years, the planning and zoning commission may recommend to the village board that such zoning be affirmed or repealed and rezoned to its most appropriate district classification in accordance with the procedures under this chapter for amendments.

(Ord. No. O-11-03-4, § 13.12(10), 11-24-2003)

Application for approval of a planned development shall be filed with the village clerk on a form provided by the village clerk accompanied by such information prescribed by the planning and zoning commission. Copies of such application shall be forwarded by the village board of trustees to the planning and zoning commission with a request to hold a public hearing thereon. The application shall include at a minimum the information in section 60-451.

(Ord. No. O-11-03-4, § 13.12(4)(intro. ¶), 11-24-2003)

The map which shall be included as part of the application shall be drawn at a scale of 100 feet to the inch (1:100), or if the area of the site is more than 200 acres, 200 feet to the inch (1n:200). The following information shall be shown:

(1)

Boundary survey. A boundary line survey of the subject site which shall be prepared and certified by a registered land surveyor in the state.

(2)

Topography. The existing topographic character of the land with contours shown at intervals no greater than two feet. Topographic data shall refer to the USGS North American Datum, Mean Sea Level Elevation.

(3)

Preliminary plan. A preliminary plan of subdivision if the proposed planned development constitutes a subdivision as defined by the village subdivision regulations in section 46-1. All preliminary subdivision plans shall conform to all requirements of the village subdivision regulations in chapter 46; on such plan shall state expressly on its face any modifications from such requirements specifically requested by the applicant. A subdivision plan may be processed simultaneously with an application for a planned development.

(4)

Site analysis. A detailed site analysis of the property in question, which shall show the following information:

a.

Physical factors information as follows:

1.

Existing land uses, both on the site and adjacent to it.

2.

Scenic views.

3.

Wooded areas.

4.

Soil problem areas based upon a soil survey of the site to include a report from the Kankakee Soil and Water Conservation District. Additional soil information may be requested by the planning and zoning commission and/or the village engineer.

5.

Portions of the site in any floodway and/or floodplain fringe areas.

6.

Streams, drainage ditches, culverts and standing water.

7.

Isolated preservable trees six inches or more in diameter at one foot above ground level.

8.

General directions of the stormwater runoff across the property.

b.

Public utility information. Public utility information which shall show the location and size of any existing sanitary sewers, storm sewers, gas, electric, telephone, and water lines on both the site and in easements and rights-of-way on/or adjacent to the site.

c.

Other information.

1.

Existing county and/or municipal zoning on all parts of the site and on adjacent properties.

2.

Municipal corporate boundaries across and adjacent to the subject site.

3.

School district boundaries across and adjacent to subject site.

4.

Easements (location, width and purpose) across and adjacent to the subject site.

(5)

Land use plan. A proposed land use plan which shall be drawn upon a print of the topographic map for the site. The proposed land use plan shall contain the following information:

a.

Identification and description as follows;

1.

Name of the planned development.

2.

Location of the subject site by section, town and range or by other approved legal description.

3.

Name and address of the land planner and/or engineer.

4.

Name and address of the owner and/or trust beneficiary or developer.

5.

Scale, northpoint and date of preparation.

6.

Acreage.

b.

Design features information, which shall show the following:

1.

Right-of-way alignments, widths, and names of all streets. Such street names shall not duplicate the name of any street heretofore used in the village or its environs unless such street is an extension of or is in line with an already named street in which event that name shall be used.

2.

The location and height of all nonresidential (by use), multifamily, or single-family attached buildings and structures.

3.

Off-street parking and service areas.

4.

All areas to be dedicated as common open space and all sites to be conveyed, dedicated, or reserved for parks, playgrounds, school sites, public buildings, and similar public and quasi-public uses.

5.

The pedestrian circulation system, any parkway belt system, or bicycle circulation system.

6.

All other information necessary to clearly show the proposed elements of the planned development.

(6)

Utility plan. A proposed utility plan which shall be drawn on a print of the proposed land use plan. The proposed utility plan shall show the approximate location and dimensions of all sanitary sewers, storm drainage ditches, culverts, and water retention areas, as well as any utility easements. The utility plan shall be accompanied by a statement from the village engineer attesting to the capability of existing sewer systems to service the proposed development.

(7)

Written statement. A written statement signed by the applicant outlining and describing in such detail as the applicant deems appropriate the arrangement by which the applicant proposed to regulate land use and otherwise ensure development of the proposed planned development in accordance with the approval of the planning and zoning commission and the village board. Such statement shall include a draft of proposed covenants intended to be filed in the office of the county recorder of deeds prior to disposition of any land in the planned development (which covenants shall include adequate provisions to assure proper maintenance and repair of all areas and facilities under common ownership, including the payment therefor, and enforceability thereof by, or on behalf of the village), proposed charter and bylaws of an association, if any, for homeowners, merchants, or industrial owners within the proposed planned development.

(8)

Shopping center development, evidence to establish need for and feasibility. If a shopping center development is planned, adequate evidence to establish the need for and the feasibility of such development shall be provided. This evidence may be in the form of a market research report or other information which is deemed appropriate by the planning and zoning commission.

(9)

Preliminary engineering plans. Preliminary engineering plans for all public or private support facilities including roads, sidewalks, drainage, sanitary sewers, water supply, lighting and landscaping.

(Ord. No. O-11-03-4, § 13.12(4)a, 11-24-2003)

The application shall include at a minimum the written statement, which shall be included as part of the application for approval of the prelininary plan shall contain the following information:

(1)

A statistical tabulation of the acreage amounts of all of the land uses proposed in the prelininary plan.

(2)

The type and number of dwelling units and buildings for any proposed residential land uses.

(3)

The stages in which the project will be built and the approximate dates when construction of each stage can be expected to begin and to end, with emphasis on area density, use and public facilities, such as open space, to be developed in each stage.

(Ord. No. O-11-03-4, § 13.12(4)b, 11-24-2003)

Other information may be requested if the planning and zoning commission finds that the planned development may create special problems for traffic, parking, landscaping, and/or economic feasibility. Such information may include, but is not limited to, any of the following.

(1)

An off-street parking and loading plan.

(2)

A traffic study indicating the volume of traffic to be generated by the planned development or a phase of it and proposing any special engineering design features and/or traffic regulation devices needed to ensure the proper safety of traffic circulation to, through, and around the planned development or a phase of it.

(3)

Economic impact: a tax impact study detailing the impact which the planned development will have upon all taxing bodies. In addition, the expected number of students to be generated by any residential portion of the development shall be included in said study.

(4)

A landscape planting plan, indicating the height, size, location, quantities and variety of stock to be planted, using botanical and common names. (See section 60-23, landscaping).

(Ord. No. O-11-03-4, § 13.12(4)c, 11-24-2003)

The procedure for the public hearing on the preliminary plan shall be as follows:

(1)

The village board shall refer the preliminary plan to the village planning and zoning commission. The village board shall instruct the appropriate village departments and consultants to collaborate with the planning and zoning commission in reviewing the preliminary plan for the planned development for its compliance with these regulations and other ordinances of the village. Such collaboration may include meetings at which the developer shall meet with village officials and consultants in order that the planning and zoning commission may have, prior to its public hearing, the informal recommendations of its experts.

(2)

The planning and zoning commission and the village board may utilize the services of the professional village consultants in arriving at recommendations or decisions. (See section 60-8).

(3)

Within 45 days of receipt by the village clerk of all required application information and payment of any required fees, the planning and zoning commission shall hold a public hearing on such application at a time and place as shall be established by legal notice of hearing by the chairperson. The hearing shall be conducted and a transcript of the proceedings shall be preserved in accordance with rules prescribed by the planning and zoning commission.

(4)

The applicant shall give public notice of the hearing as follows:

a.

The applicant shall provide the village with all information necessary for the publication of notice of the hearing, including, but not limited to, an accurate legal description of each property affected by the proposed preliminary plan, and pay any and all costs arising from such publication. The village will then publish notice of the time and place of the public hearing at least once in one or more newspapers published in the village, or if no such newspaper exists then in one or more newspapers with a general circulation within the village that are published within Kankakee County. Such publication shall occur not more than 30 nor less than 15 days before such hearing; and

b.

The applicant shall provide notice to all parties in interest by certified mail, return receipt requested. Said mailing shall be made not more than 30 and not less than 15 days before the date of the hearing. Upon completion of all required mailings, the applicant shall submit a list of the names and addresses of all parties in interest, as well as an affidavit that all required notices were properly mailed in compliance with the provisions of this section. No application for amendment shall be heard unless the applicant furnishes the list and affidavit herein required.

Parties in interest. For the purposes of notice under subsection (4)(b), supra, "parties in interest" shall mean the owner of every property contiguous to each property that is the subject of the public hearing (as reflected in the records of the office of the recorder of deeds of Kankakee County, as appears from the authentic tax records of said county). All public roads, streets, alleys, and other public ways shall be excluded in determining which properties are contiguous to the property or properties that is/are the subject of the public hearing.

(Ord. No. O-11-03-4, § 13.12(4)d, 11-24-2003; Ord. No. O-3-18-2, § 5, 3-26-2018)

The planning and zoning commission shall proceed as quickly as possible in its review of the prelininary plan. Within no more than 60 days after the final adjournment of the public hearing, the planning and zoning commission shall:

(1)

Approve or disapprove the prelininary plan and shall submit its written recommendations, which may include the recommendations of the village engineer, village planner, and/or village attorney, to the board of trustees, with a copy being sent to the applicant.

(2)

Advise the applicant in writing if the planning and zoning commission finds that changes, additions, or corrections are required in the prelininary plan. The applicant shall resubmit ten copies of the revised preliminary plan for consideration of the planning and zoning commission at a continuation of or a new public hearing. The applicant shall do so without paying an additional filing fee. The planning and zoning commission shall submit its recommendations in writing to the village board, which may also include the recommendations of the village engineer, village planner and/or village attorney, with a copy also being sent to the applicant.

(3)

Changes in an application for a planned development initiated by the petitioner shall require an additional filing fee.

(Ord. No. O-11-03-4, § 13.12(4)e, 11-24-2003)

The village board of trustees shall accept or reject the prelininary plan within 60 days after its next regular meeting following the receipt of the written recommendations of the planning and zoning commission. The applicant and the village board of trustees may mutually agree to extend the 60-day period. The village board may require such special conditions in the approval of the prelininary plan, as it may deem necessary to ensure conformity with the intent of all comprehensive plan elements and the stated purposes of the planned development.

(1)

If the prelininary plan is disapproved, the village board shall state in writing the reasons for the disapproval, and such writing shall be filed with the village clerk, and a copy shall be sent to the applicant.

(2)

If the prelininary plan is approved, the village board shall authorize the applicant to submit a final development plan for the planned development.

(3)

Upon approval by the village board of the prelininary plan by resolution, a record shall be prepared including findings of fact and setting forth the terms of relief and/or variances granted from existing ordinances. The final plan shall be approved as the final land use and zoning plan if it conforms with the prelininary plan. The preliminary and final plans may be filed and approved simultaneously, and if all requirements hereof are met.

(4)

Approval of a preliminary planned development plan shall not constitute approval of the final plan, rather it shall be deemed an expression of approval of the layout submitted on the prelininary plan as a guide to the preparation of the final plan or plans. No building permit shall be issued for any building until a final planned development plan has been filed and approved.

(5)

The final plan or plans shall be submitted by the developer not later than one year (or such additional time, as may be authorized by resolution of the village board), after approval of the preliminary plan, for approval by the corporate authorities of the village and subsequent recording upon the fulfillment of the requirements of these regulations and conditions, if any, of the preliminary approval.

(6)

The village board shall notify the planning and zoning commission and the applicant of its action.

(Ord. No. O-11-03-4, § 13.12(4)f, 11-24-2003)

Within one year following the approval of the preliminary development plan, the applicant shall file with the planning and zoning commission a final development plan containing in final form the information required in the prelininary plan. The final plan of the planned development shall conform to the prelininary plan as approved, and if desired by the developer, it may be submitted in stages with each stage reflecting a portion of the approved prelininary plan which is proposed to be recorded and developed; provided, however, that such portion conforms to all requirements of this subdivision.

(Ord. No. O-11-03-4, § 13.12(5)(intro. ¶), 11-24-2003)

The final development plan shall include the following.

(1)

The final plan and supporting data shall be filed with the zoning administrator and forwarded to the planning and zoning commission for certification that the final plan is in conformity with these regulations and in agreement with the approved prelininary plan. The final land use plan shall be suitable for recording with the county recorder of deeds. The purpose of the final development plan is to designate the land subdivided into lots as well as the division of other lands not so treated, into common open areas and building areas open and to designate and limit the specific internal uses of each building or structure, as well as of the land in general.

(2)

An accurate legal description of the entire area under immediate development within the planned development.

(3)

If subdivided lands are included in the planned development a subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat, including easements, rights-of-way, and dedication of open space and public areas, to the extent that compliance with the subdivision regulations of the village shall be required.

(4)

An accurate legal description of each separate unsubdivided use area, including common open space.

(5)

A final site plan of the planned development shall be filed indicating the locations and uses of all buildings, all parking and loading spaces, and any other special structure, facility or feature approved or required by the village board.

(6)

Certificates, seals and signatures required for the dedication of land, and recording the document.

(7)

Tabulations of each separate use area ₉ including land area and number of dwelling units per gross acre, percentage of open space, and acres in right-of-way.

(8)

Landscape plan. (See section 60-23).

(9)

Utilities and drainage plan.

(10)

The final version of the covenants, if any, by which the applicant proposes to regulate land use and otherwise protect the proposed development accompanied by the written representation and warranty of the applicant, in form and substance satisfactory to the village attorney, to the effect that the owner of the real property which is the subject of the proposed planned development has not sold or otherwise disposed of any interest in said property and will not sell, or otherwise dispose of any such interest, prior to the filing for record of said covenants in the office of the county recorder of deeds.

(11)

Such deeds or easement agreements, bylaws or provisions, if any, as are required or approved by the village board, shall be filed in form and substance approved by the village attorney, conveying a suitable ownership interest in the parcels within the proposed planned development which are to be subject to public or common ownership.

(12)

Filing a copy of the articles of incorporation of the homeowner's, merchant's, or industrial owners' association, if any, required or approved by the village board certified by the Secretary of State, not more than 30 days prior to the filing of the final plan; a certificate of good standing for such corporation issued by the Secretary of State of the state, as of a date not more than 30 days prior to the filing of such final plan; and a copy of the bylaws of such corporation certified by the Secretary thereof as being a true, correct and complete copy of such bylaws, as of a date not more than 30 days prior to the filing of such final plan.

(13)

Final development and construction schedule.

(14)

Final architectural plans.

(15)

Final engineering drawings.

(Ord. No. O-11-03-4, § 13.12(5)a, 11-24-2003)

All public facilities and improvements made necessary as a result of the planned development shall be either constructed in advance of the approval of the final plan, or at the election of the village, escrow deposits or irrevocable letters of credit in a form approved by the village attorney to guarantee construction of the required improvements.

(Ord. No. O-11-03-4, § 13.12(5)b, 11-24-2003)

All common open space, at the election of the village, shall be:

(1)

Conveyed to a municipal or public corporation, or conveyed to a not-for-profit corporation or entity established for the purpose of benefiting the owners and residents of the planned development or adjoining property owners or any one or more of them.

(2)

Guaranteed by a restrictive covenant describing the open space and its maintenance and improvement, running with the land for benefit of residents of the planned development or adjoining property owners and/or both.

(Ord. No. O-11-03-4, § 13.12(5)c, 11-24-2003)

The final development plan shall be approved as follows:

(1)

The planning and zoning commission shall review the final development plan within 45 days of its submission and shall recommend approval if it is in substantial compliance with the preliminary development plan. The planning and zoning commission shall certify to the board of trustees that the final development plan is in conformity with the previously approved preliminary development plan.

(2)

If the final plan is substantially changed from the approved prelininary plan, including any new requests for variations the planning and zoning commission shall recommend to the village board that a new public hearing be held in conformance with the procedures for approval of a prelininary plan.

(3)

The board of trustees after receipt of the recommendations of the planning and zoning commission shall itself review the final development plan and shall, if it is in conformity with the preliminary development plan, authorize issuance of the special use. If the final development plan is held not to be in conformity with the prelininary plan, the village board shall inform the applicant in writing with regard to the specific areas found to be not in compliance.

(4)

Approval by the village board of the final plan for any proposed planned development shall be effective only for a period of 60 days after the date of such approval unless, within 60-day period, the applicant shall record or cause the recordation of the final plan including any final subdivision plat, the final restrictive covenants, and the deeds and/or easement agreement required or approved by the village board, in the office of the county recorder of deeds.

(Ord. No. O-11-03-4, § 13.12(5)d, 11-24-2003)

(a)

After the approval of the final plan the use of land and the construction, modification, or alteration of any buildings or structures within the planned development will be governed by the approved final plan, rather than by any other provisions of this chapter.

(b)

No changes may be made in the approved final plan except upon application to the appropriate agency according to the following procedures:

(1)

During the construction of the planned development, the procedure shall be as follows:

a.

Minor changes, which do not change the concept or intent of the development, including the location, siting, and height of buildings and structures and in the location of streets and ways of public access and in the size and location of open space, may be authorized by the planning and zoning commission as required by engineering or other circumstances not foreseen at the time that the final plat was approved.

b.

All changes in land uses and density, any rearrangement of lots, blocks and building tracts, any major changes in the provisions for common open space and all other changes in approved final plan shall be made by the village board of trustees, under the procedures authorized by this chapter for an amendment to the zoning map.

c.

Any changes which are approved for the final plat shall be recorded as amendments to the recorded copy of the final plat. If changes are allowed in a final site plan, a new site plan reflecting such changes shall be filed with the village and the county.

d.

The planning and zoning commission shall consider the planned development subject to revocation if construction falls more than one year behind the schedule filed with the final plan, or exceeds five years. The developer shall be notified at least 60 days prior to any revocation hearing authorized by the village board. Extensions in the building schedule may be recommended by the planning and zoning commission and granted by the village board.

(2)

After the completion of the construction of the planned development, the procedure shall be as follows:

a.

Any minor extension, alterations, or modifications of existing buildings or structures may be recommended by the planning and zoning commission if they are consistent with the purpose and intent of the final plan.

b.

Any building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final plan unless an amendment to the final plan is approved following the procedures for the amendment of the zoning district map.

c.

All other changes in the final plan shall be made by the village board of trustees, under the procedure authorized by this chapter for the amendment of the zoning map. No changes may be made in the final plan unless they are required for the continued successful functioning of the planned development, or unless they are required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the village.

(Ord. No. O-11-03-4, § 13.12(6), 11-24-2003)

No planned development shall be authorized unless the planning and zoning commission shall find and recommend, in addition to those standards established herein for special uses, that the standards of this subdivision, shall be met.

(Ord. No. O-11-03-4, § 13.12(7)(intro. ¶), 11-24-2003)

(a)

The uses permitted by such exceptions as may be requested or recommended are necessary or desirable and appropriate to the purpose of the development.

(b)

The uses permitted in such development are not of such nature or so located as to exercise an undue detrimental influence or effect upon the surrounding neighborhood.

(c)

That any industrial park areas established in the planned development conform to all requirements therefor as set forth elsewhere in this chapter.

(d)

That all minimum requirements pertaining to commercial, residential, institutional, or other uses established in the planned development shall be subject to the requirements for each individual classification as established elsewhere in this chapter, except as may be specifically varied in the ordinance granting and establishing a planned development use.

(e)

When private streets and common driveways are made a part of the planned development or private common open space or recreational facilities are provided, the applicant shall submit, as part of the application, the method and arrangement whereby these private facilities shall be operated and maintained. Such arrangements for operating and maintaining private facilities shall be subject to the approval of the village board.

(f)

That any bulk exceptions shall be solely for the purpose of promoting an integrated site plan more beneficial to the residents or occupants of such development as well as the neighboring property, that would be obtained under the bulk regulations of this chapter for building developed on separate zoning lots.

(Ord. No. O-11-03-4, § 13.12(7)a, 11-24-2003)

(a)

Residential density for a planned development shall not be greater than the recommended density, as shown in this chapter for the village, nor shall any lot to be used for residential purposes be less in area or dimension than that required by the district regulations applicable to the district in which the planned development is located except that the planning and zoning commission may recommend and the village board may grant a reduction in such lot area and dimension, but not more than 15 percent when the planned development provides common open space equal to not less than 15 percent of the gross area of the planned development.

(b)

Business uses may be included as part of a planned residential development when the planning and zoning commission finds that such business uses are beneficial to the overall planned development and will not be injurious to adjacent or neighboring properties. Such business uses shall not be greater in area than ten percent of the planned development.

(c)

The open areas provided in the part of the planned development containing only residential buildings shall be preserved over the life of the planned development for use only by the residents of the planned development or dedicated to a local government.

(d)

For that part of a planned development devoted to residential uses, the planning and zoning commission may recommend and the village board of trustees may approve, access to a dwelling by a driveway or pedestrian walk easement, and spacing between buildings of lesser width or depth than required by district regulations for the district in which the planned development is located, provided.

(1)

That adequate provisions are made which perpetuate during the period of the special use, access easements and off-street parking spaces for use by the residents of the dwelling served.

(2)

The spacing between buildings shall be approved by the planning and zoning commission and shall be consistent with the application of recognized site planning principles for securing a unified development, and due consideration is given to the openness normally afforded by intervening streets and alleys.

(3)

The yards for principal buildings along the periphery of the development shall be not less in width or depth than required for permitted uses in the district regulations applicable to the districts in which the planned development is located; and the plan is developed to afford adequate protection to neighboring properties as recommended by the planning and zoning commission and approved by the village board of trustees.

(Ord. No. O-11-03-4, § 13.12(7)b, 11-24-2003)

In any single-family cluster subdivision, the planning and zoning commission may recommend and the village board may authorize the following exceptions to the regulations of the district in which cluster subdivision is permitted as a special use.

(1)

A reduction of the lot area by not more than 15 percent, when the planned development provides common open space equal to not less than 15 percent of the gross area of the planned development, and in no case shall the lot area be less than 6,000 square feet.

(2)

A reduction of the lot width by not more than 15 percent, but in no case shall the lot width be less than 40 feet.

(3)

That in the part of the planned development containing only residential uses, the minimum lot area per dwelling unit may be not more than 15 percent less than that required for permitted uses in the district regulations applicable to the district in which the planned development is located. Reduction of such lot area shall be recommended by the planning and zoning commission and approved by the village board only where there is contained within the planned development permanent open area, the area and location of which shall meet with the approval of the planning and zoning commission, and that such open space shall not be less than that which would pertain if developed on individual lots. Such open areas shall be preserved over the life of the planned development, for use only by the residents of the planned development or dedicated to the village, for school, park, playground or other public open space uses.

(4)

That in a planned development devoted to residential uses, the planning and zoning commission may recommend and the village board may approve; access to a dwelling by a driveway or pedestrian walk easement, however, off-street parking facilities for such dwellings shall be located not more than 200 feet from the dwelling served; yards of lesser width or depth than required for permitted uses in the district regulations applicable to the district in which the planned development is located.

a.

That protective covenants are recorded which perpetuate access easements and off-street parking spaces for use by the residents of the dwellings served.

b.

Spacing between principal buildings within a part of a planned development shall be equivalent to such spacing as would be required between buildings by district regulations for the district in which it is located.

(Ord. No. O-11-03-4, § 13.12(7)c, 11-24-2003)

That in a planned business development, the following additional requirements are hereby specified:

(1)

All buildings shall be set back not less than 50 feet from all streets right-of-way lines bounding the site.

(2)

Required off-street parking spaces shall be provided in accordance with article VII of this chapter.

(3)

All walks within the planned development shall be paved with a hard-surfaced material meeting the specification of the village.

(4)

Any part of the planned development not used for buildings, loading and access ways, shall be attractively landscaped with grass, trees, shrubs, or pedestrian walkways, according to a landscape plan as recommended by the planning and zoning commission. (See section 60-23).

(5)

That the overall floor area ratio for the planned development would not exceed by more than 20 percent the maximum floor area ratio which would be determined on the basis of the floor area ratio required for the individual uses in such planned developments, as stipulated in each district.

(6)

The buildings in the planned development shall be planned and designed as a unified and single project.

(Ord. No. O-11-03-4, § 13.12(7)d, 11-24-2003)

(a)

Generally. Wherever the applicant proposes to provide and set out, by platting, deed, dedication, restriction or covenant, any land or space separate from single-family or multifamily residential districts to be used for parks, playgrounds, commons, greenways or open areas, the planning and zoning commission may consider and recommend to the village board, and the village board may vary the applicable minimum requirements of the subdivision regulations and this chapter which may include, but not necessarily be limited to, the following:

(1)

Front yard.

(2)

Rear yard.

(3)

Side yard.

(4)

Lot area.

(5)

Bulk.

(6)

Intensity of use.

(7)

Street width.

(8)

Sidewalks.

(9)

Public utilities.

(10)

Off-street parking.

(b)

Business.

(1)

Business uses shall be as prescribed by the planning and zoning commission.

(2)

All business shall be conducted and materials shall be stored within a completely enclosed building.

(3)

Not more than 25 percent of the lot area shall be covered by buildings or structures.

(4)

Not less than 15 percent of the lot shall be provided for landscaping and open space purposes.

(5)

No building shall be more than 45 feet in height.

(6)

No dwelling shall be permitted in a planned business development.

(7)

Off-street parking and loading shall be provided and maintained on the same lot in accordance with article VII of this chapter unless the planning and zoning commission recommends and the village board requires additional off-street parking and loading space.

(8)

Service and loading and unloading facilities shall be provided as recommended and approved by the planning and zoning commission.

(9)

No building shall be located nearer than 50 feet to any street right-of-way line.

(10)

Business developments shall be adequately screened by fencing or landscaping or both along the boundaries of adjacent residential, public open spaces, schools, churches or other similar uses. The screen planting shall be prepared by a landscape architect and shall meet the approval of the planning and zoning commission.

(11)

Outside lighting shall be so designed and placed so as to not be disturbing to adjacent residential areas.

(12)

Signs shall comply with the regulations in chapter 38.

(c)

Industrial.

(1)

The standards for industrial areas in a planned development shall conform to the applicable standards in this chapter.

(2)

Not less than 20 percent of the industrial land use areas shall be reserved for landscape and open space purposes.

(Ord. No. O-11-03-4, § 13.12(7)e, 11-24-2003)