In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any ordinance or rules, regulations or permits previously adopted or issued, and not in conflict with any of the provisions of this chapter or which shall be adopted or issued pursuant to law relating to the use of buildings or premises, nor is it intended herein to interfere with or abrogate or annul easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of a building or requires larger open spaces than are imposed or required by such ordinances, rules, regulations or permits, or by easements, covenants or agreements, the provisions of this chapter shall control.

(Code 1978, § 5-16-1; Code 1997, § 98-360)

(a)

General. It shall be the duty of the village president and the building commissioner to enforce this chapter. It shall also be the duty of all officers and employees of the village, and especially of the police department, to assist the village president and the building commissioner by reporting upon new construction, reconstruction or land uses or upon seeming violations.

(b)

Substandard structures; eminent domain. The village may acquire by purchase, condemnation or otherwise, any buildings or structures which do not conform to the standards fixed by the village under 65 ILCS 5/11-61-1 and all land which is necessary or appropriate for the rehabilitation or redevelopment of any area blighted by substandard buildings or structures, may remove or demolish all substandard buildings and structures so acquired, may hold and use any remaining property for public purposes, and may sell, lease or exchange such property as is not required for public purposes subject to the provisions of this chapter.

(c)

Proceedings to prevent violation. In case any building or structure is constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any ordinance or other regulation made under the authority conferred thereby, the proper village authorities 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 or proceeding to accomplish the following:

(1)

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

(2)

Prevent the occupancy of the building, structure or land;

(3)

Prevent any illegal act, conduct of business or use in or about the premises; or

(4)

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, and no such action may be maintained until such notice has been given.

(Code 1978, § 5-16-2; Code 1997, § 98-361)

(a)

General. No building or addition thereto constructed after the effective date of the ordinance from which this chapter is derived hereof, and no addition to a previously existing building shall be occupied, and no land vacant on the effective date of the ordinance from which this chapter is derived hereof shall be used for any purpose until a certificate of occupancy has been issued by the building commissioner. No change in a use other than that of a permitted use shall be made until a certificate of occupancy has been issued by the building commissioner. Every certificate of occupancy shall state that the use or occupancy complies with all the provisions of this chapter.

(b)

Application for occupancy certificate. Every application for a building permit shall be deemed to be an application for an occupancy certificate. Every application for any occupancy certificate for a new use of land where no building permit is required shall be made directly to the building commissioner on forms provided by the village. A fee as shown in the village fee schedule shall be charged for each original certificate and a fee as shown in the village fee schedule for each copy thereof.

(c)

Issuance of occupancy certificate. No occupancy certificate for a building or addition thereto constructed after the effective date of the ordinance from which this chapter is derived hereof shall be issued until construction has been completed and the premises inspected and certified by the building commissioner to be in conformity with the plans and specifications upon which the zoning certificate was based. No occupancy certificate for a building or addition thereto constructed after the effective date of the ordinance from which this chapter is derived hereof shall be issued and no addition to a previously existing building shall be occupied until the premises have been inspected and certified by the building commissioner to be in compliance with all the applicable performance standards of the zoning district in which it is located. Pending the issuance of a regular certificate, a temporary certificate may be issued to be a valid for a period not to exceed six months from its date during completion of any addition or during partial occupancy of the premises.

(d)

Deadline for approval, denial. An occupancy certificate shall be issued or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued not later than 14 days after the building commissioner is notified in writing that the building or premises is ready for occupancy.

(e)

Recordkeeping. A record of all certificates of occupancy shall be kept on file in the office of the building commissioner, and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or in a building affected by such certificate of occupancy.

(Code 1978, § 5-16-3; Code 1997, § 98-362)

(a)

Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by any officer, department or employee of the village unless the application for such permit has been examined by the building commissioner and has affixed to it a certificate of the building commissioner indicating that the proposed building or structure complies with all the provisions of these zoning regulations. Any permit or certificate of occupancy issued in conflict with the provisions of this chapter shall be null and void.

(b)

In the event that an application has affixed to it the certificate of an architect or structural engineer licensed by the state certifying that the building or structure and the use thereof comply with all provisions of this chapter respecting performance standards, the building commissioner shall, upon receipt of such application, approve and authorize the issuance of a zoning certificate, provided all other relevant provisions of this chapter are complied with. Such certificates shall be valid for all purposes.

(c)

However, within 15 days after the date of such approval, the building commissioner shall examine the applications and shall advise the architect or engineer in writing if the building, structure or use thereof does not in fact comply with the performance standards. Failure of the architect to show compliance within 30 days of such notification shall be cause for revocation of the zoning certificate.

(Code 1978, § 5-16-4; Code 1997, § 98-363)

(a)

Every application for a building permit shall be accompanied by:

(1)

A plat of the piece or parcel of land, lot, lots, block or blocks, or parts or portions thereof, drawn to scale showing the actual dimensions and certified by a land surveyor or civil engineer licensed by the State of Illinois as a true copy of the piece or parcel, lot, lots, block or blocks or portions thereof, according to the registered or recorded plat of such land; and

(2)

A plat drawn to scale in such form as may, from time to time, be prescribed by the building commissioner, showing the ground area, height and bulk of the building or structure, the building lines in relation to lot lines, the use to be made of the building or structure or land, and such other information as may be required by the building commissioner for the proper enforcement of this title. One copy of each of the two plats shall be attached to the application for a building permit when it is submitted to the building commissioner for a zoning certificate and shall be retained by the building commissioner as a public record.

(b)

Each application for a building permit shall be accompanied by a recent surveyor's plat of survey of the lot in duplicate or duplicate parts thereof, drawn to scale, showing the actual dimensions of the lot to be built upon; the size, shape and location of the building to be erected; the size, shape and location of any existing building, areas for parking and such other information as may be necessary to provide for the enforcement of this chapter. A record of applicants and plats shall be kept in the office of the building commissioner. One copy of a similar surveyor's plat showing the actual building location shall be filed with the building commissioner prior to issuance of a certificate of occupancy.

(Code 1978, § 5-16-5; Code 1997, § 98-364)

(a)

Amendment of regulations and districts; protests. The regulations imposed and the districts created under this chapter may be amended from time to time by ordinance after this chapter has gone into effect, but no such amendments shall be made without a hearing before the planning and development commission. Notice shall be given of the time and place of the hearing not more than 30 nor less than 15 days before the hearing by publishing a notice thereof at least once in one or more newspapers published in the village or if no newspaper is published therein then in one or more newspapers with a general circulation within the village. In case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owner or owners of 20 percent of the frontage proposed to be altered, or by the owner or owners of 20 percent of the frontage immediately adjoining or across an alley therefrom, or by the owner or owners of 20 percent of the frontage directly opposite the frontage proposed to be altered, all of which land lies within the corporate limits of the village, filed with the village clerk, the amendment shall not be passed except by a favorable vote of two-thirds of all the trustees of the village.

(b)

Costs. Before any action is taken upon any application as provided in this section, the applicant shall pay to the village the sum as shown in village fee schedule, no part of which shall be refundable, to cover the cost of the hearing. This payment shall be credited to the general corporate fund of the village.

(Code 1978, § 5-16-6; Code 1997, § 98-365)

Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building for which a building permit has heretofore been issued or complete plans for which are on file with the office of the building commissioner at the time of the passage of this chapter, and a permit for the erection of which is issued within one month of the passage hereof and the construction of which, in either case, shall have been diligently prosecuted within three months of the date of such permit, and which entire building shall have been completed according to such plans as filed within one year from the date of passage of this chapter.

(Code 1978, § 5-16-7; Code 1997, § 98-366)

Any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists enforcement of any of the provisions of this chapter, shall be subject to a fine of not more than $200.00 for each offense; and a separate violation shall be deemed to have been committed upon each day a violation continues to exist.

(Code 1978, § 5-16-8; Code 1997, § 98-367)

(a)

Purpose. The site plan review process is intended to promote orderly development and redevelopment in the village and to ensure that such development or redevelopment occurs in a manner that promotes the general welfare of the village and is consistent with surrounding properties and the village comprehensive plan. This section provides standards by which to control the physical layout and design of the area to:

(1)

Develop compatible land uses, buildings and structures.

(2)

Protect and enhance community property values.

(3)

Use land efficiently.

(4)

Minimize traffic and safety hazards.

(5)

Minimize environmental and stormwater impacts.

(6)

Incorporate sustainable design techniques.

(b)

Authority and execution. Site plan review and approval is required for the following:

(1)

Building permits for new townhouse, multi-family, non-residential and mixed-use developments located on sites of 20,000 square feet or more.

(2)

Building permits for additions to townhouse, multi-family, non-residential and mixed-use developments. Modifications of all outdoor recreational areas that include the construction of new buildings, accessory structures and/or exterior lighting are also subject to site plan review. However, playground equipment is considered exempt from site plan review.

(3)

Building permits for construction of parking lots of 20 or more spaces.

(4)

No building permit shall be issued until site plan approval has been granted by the village board. A site plan review application is not necessary for applications filed by the village.

(c)

Procedure. Applications for site plan review shall be submitted to the building commissioner. Once it is determined that the application is complete, the application shall be forwarded to the planning and development commission for a recommendation, and then to the village board for a decision.

(1)

The planning and development commission shall review the completed site plan review application. If, in the planning and development commission's judgment, the site plan review application does not contain sufficient information to enable the planning and development commission to properly discharge its responsibilities, the planning and development commission may request additional information from the petitioner.

(2)

The planning and development commission shall evaluate the site plan pursuant to the applicable standards in subsection (e) of this section. Should the planning and development commission request that a site plan review be conducted by an outside professional, the village shall have the right to request funds from the applicant to facilitate the review. The planning and development commission may request modification of the submitted site plan and resubmittal of such revised site plan. The revised site plan shall be processed in the same manner as the initial site plan review application. No new fees shall be required.

(3)

The planning and development commission shall recommend approval, approval with conditions, or denial of the site plan review application to the village board. The building commissioner shall notify the petitioner of the action taken. The planning and development commission may recommend approval of the site plan subject to certain conditions to be listed in the resolution approving the application. All plans and drawings submitted as part of the application for a building permit must include those conditions stated within the resolution in order for a building permit to be issued.

(4)

The village board shall make a decision upon consideration of the recommendation of the planning and development commission after receipt of the planning and development commissions' recommendation. The village board may also refer the site plan review application back to the planning and development commission for further consideration.

(d)

Site plan review application. The site plan review application shall contain:

(1)

A plat of survey of the parcel or parcels of land comprising the zoning lot. The plat shall be drawn to scale showing the actual dimensions of the zoning lot, including all parcels within the zoning lot. The plat shall be drawn in accordance with the recorded plat of such land.

(2)

Proof of ownership.

(3)

A site location map drawn to an appropriate scale showing the proposed development in relation to surrounding streets and property located within 600 feet in all directions of the development site. The map shall indicate the location, height and land use of all existing buildings and structures immediately adjacent to the development site.

(4)

A site plan drawn to an appropriate scale showing:

a.

The location, ground area, height, bulk and approximate dimensions of all existing and proposed buildings and structures within the zoning lot under consideration.

b.

The use or uses to be made of such existing and proposed buildings and structures.

c.

The dimensions of all perimeter setbacks and the distance between all buildings and structures.

d.

The location and dimensions of all pedestrian walkways, bikeways, driveways, streets, parking and loading facilities, including the number of parking spaces serving each building or land use type and all parking related screening and landscaping.

e.

The location, height, design and illumination characteristics of all external lighting fixtures within the development.

f.

The location and dimensions of any areas proposed to be conveyed, dedicated or reserved for parks, parkways, public buildings or for any other public or quasi public use.

(5)

Typical building elevations and schematic design presentations indicating the general architectural character of all proposed buildings and structures. The drawings need not be the result of final architectural decisions.

(6)

A traffic circulation plan indicating the proposed movement of vehicles, goods, pedestrians and bicyclists within the development, and to and from adjacent streets, and the impact of the proposed development upon existing traffic patterns. Such studies shall also include an examination of the adequacy of on-site parking facilities, public transit facilities, vehicular circulation patterns and pedestrian access and safety. The building commissioner may determine that a traffic impact analysis prepared by a qualified traffic engineer registered in the state is necessary to supplement the site plan review application.

(7)

A drainage plan prepared by a qualified civil engineer registered in the state indicating the manner in which surface drainage will be controlled and managed, consistent with all village and other governmental jurisdictions, regulations and requirements.

(8)

A utilities study prepared by a qualified civil engineer registered in the state indicating the adequacy of the utility systems serving the proposed development, including water distribution lines, sanitary sewers and private utility facilities.

(9)

A landscape plan prepared by a landscape architect registered in the state indicating the general character of all proposed landscaping, screening and fencing, including all open space areas around buildings and structures.

(e)

Standards for site plan review. In reviewing site plans, the relationship of the site plan to adopted land use policies, and the goals and objectives of the comprehensive plan shall be evaluated. In addition, the following shall also be considered:

(1)

The location, arrangement, size, design and general site compatibility of buildings, lighting and signs, including:

a.

Efficient use of land that responds to the existing off-site utilities and service conditions in order to minimize the demand for additional municipal services, utilities and infrastructure.

b.

Compatibility with, and mitigation of, any potential impact upon adjacent property.

c.

Site illumination designed and installed to minimize adverse impact on adjacent property.

d.

Signs in accordance with chapter 38 pertaining to signs.

(2)

Landscaping and the arrangement of open space or natural features on the site in accordance with section 56-369, pertaining to landscaping and screening, and the following in order to:

a.

Create a desirable and functional environment for motorists, pedestrians, bicyclists and occupants of business owners and employees. Landscaping may take advantage of open space design features to include bike paths, running paths and outdoor relaxation areas.

b.

Preserve unique natural resources, including measures to preserve and protect existing healthy, mature trees.

c.

Protect natural resources and landscaping on adjacent sites.

d.

Design drainage facilities to promote the use and preservation of natural watercourses and patterns of drainage.

e.

Utilize plant materials suitable to withstand the climatic conditions of the village and microclimate of the site. The use of species native to northeastern Illinois is encouraged.

f.

Use of screening to buffer the impact of the development on adjacent uses and enhance the appearance and image of the village by screening incompatible uses and certain site elements, and creating a logical transition to adjoining lots and developments.

(3)

Circulation systems and off-street parking shall be designed to:

a.

Provide adequate and safe access to the site for motor vehicles, alternate modes of transportation, pedestrians and bicyclists.

b.

Minimize potentially dangerous traffic movements.

c.

Separate pedestrian and auto circulation and provide for bicycle parking or storage as practical.

d.

Provide bays for loading and unloading buses.

e.

Minimize curb cuts by using cross-access easements and shared parking.

f.

Design off-street parking lots or garages to minimize adverse impacts on adjacent properties, particularly through the use of perimeter and interior landscaping, and logical and safe parking and internal circulation.

g.

Clearly define pedestrian access from the parking area to the building. A clearly defined visible and identifiable network of pedestrian connections should be provided in and between parking lots, street sidewalks, open spaces and buildings.

(f)

Amendments to approved site plan reviews.

(1)

An application for an amendment to an approved site plan shall be submitted to the building commissioner. Applications for amendments shall include a written description of the proposed change, including the reason for such change, and a notation of the location on the approved site plan.

(2)

Minor changes, as required by technical engineering or other physical site circumstances not foreseen at the time that the site plan was approved, and verified by the village engineer, may be authorized by the building commissioner, who shall reserve the right to forward any such request to the planning and development commission for approval. All other changes require approval by the village board.

(3)

The planning and development commission shall consider amendment applications upon receipt of a complete application. If, in the planning and development commission's judgment, the application does not contain sufficient information to enable the planning and development commission to properly discharge its responsibilities, the planning and development commission may request additional information from the petitioner.

(4)

The planning and development commission shall provide its recommendation to approve or deny the amendment in writing, along with reasons for approval or denial to the village board. The planning and development commission may decide that the proposed change or changes to the approved site plan is so significant that it constitutes a new application and is subject to the complete site plan review provisions of this subsection. The planning and development commission may determine that a proposed amendment to an approved site plan requires submittal of a revised site plan for proper evaluation. Such revised site plan shall only include those components of the site plan submittal package impacted by the proposed change. Until such revised site plan is submitted, the application shall not be considered complete.

(5)

The village board shall consider the recommendation of the planning and development commission after receipt of the planning and development commissions' recommendation. The village board may also refer the proposed amendment back to the planning and development commission for further consideration.

(Ord. No. 12-10-22, § 4, 10-16-2012)