1. All applications must be submitted in accordance with Section 20.15.1.
2. All notice for public hearings or meetings must meet the requirements of Section 20.15.2.
3. All public hearings must be conducted in accordance with Section 20.15.3.

(Ord. 19-10-26)

1. Purpose: The regulations imposed and the districts created by this Chapter may be amended from time to time in accordance with this section. This process for amending the Zoning Ordinance text or the Zoning Map is intended to allow modifications in response to omissions or errors, changed conditions, or changes in Village policy. Amendments are not intended to relieve particular hardships or confer special privileges or rights upon any person or party.
2. Initiation:
   1. The Village Board, the Zoning Board of Appeals and Plan Commission, or a property owner in the Village, or his/her designee, may propose a zoning text amendment.
   2. The Village Board, the Zoning Board of Appeals and Plan Commission, or a property owner in the Village, or his/her designee, may propose zoning map amendments.
   3. The Village Board or the Zoning Administrator may propose a Comprehensive Map Amendment, which is defined as a zoning map amendment initiated by the Village Board or the Zoning Administrator that seeks to rezone twenty (20) or more zoning lots.
3. Authority: The Village Board, after receiving a recommendation from the Zoning Board of Appeals and Plan Commission, will take formal action on requests for zoning text or map amendments.
4. Procedure: All applications must be filed with the Zoning Administrator. Once it is determined that the application is complete, the Zoning Administrator will schedule the application for consideration by the Zoning Board of Appeals and Plan Commission. Amendments initiated by the Village Board or the Zoning Board of Appeals and Plan Commission also require an application, but are exempt from fees.
   1. Action By Zoning Board Of Appeals And Plan Commission:
      1. Within sixty (60) days of receipt of a complete application, unless an extension of time is agreed to by the applicant and the Zoning Board of Appeals and Plan Commission, the Zoning Board of Appeals and Plan Commission will consider the proposed zoning amendment at a public hearing.
      2. The Zoning Board of Appeals and Plan Commission must evaluate the application based upon the evidence presented at the public hearing, pursuant to the approval standards of this section. For zoning text amendments, the Zoning Board of Appeals and Plan Commission must recommend approval, approval with modifications, or denial of the application. For zoning map amendments, the Zoning Board of Appeals and Plan Commission must recommend approval or denial of the application.
      3. Within sixty (60) days of the close of the public hearing, the Zoning Board of Appeals and Plan Commission must forward its recommendation to the Village Board, unless an extension is agreed to by the applicant.
   2. Action By Village Board: The Village Board will review the application within sixty (60) days of receipt of the Zoning Board of Appeals and Plan Commission recommendation, unless an extension of time is agreed to by the applicant and the Village Board. The Village Board must take action in the form of approval, approval with modifications, or denial on applications for zoning text amendments, and approval or denial on applications for zoning map amendments. The Village Board may also send the application back to the Zoning Board of Appeals and Plan Commission for further consideration.
5. Approval Standards: The Zoning Board of Appeals and Plan Commission recommendation and the Village Board decision on any zoning text or map amendment is a matter of legislative discretion that is not controlled by any particular standard. However, in making their recommendation and decision, the Zoning Board of Appeals and Plan Commission and the Village Board must consider the following standards. The approval of amendments is based on a balancing of these standards.
   1. Approval Standards For Map Amendments:
      1. The proposed amendment shall be compatible with the existing use and zoning of nearby property.
      2. The proposed amendment shall promote the public health, safety, and welfare of the Village.
      3. The degree to which the proposed amendment results in a gain to the public, as compared to the hardship imposed upon the applicant.
      4. The property proposed for amendment is suitable for the uses permitted in the proposed zoning district.
      5. The length of time that the property in question has been vacant, as presently zoned, shall be considered in the context of development in the area where the property is located.
      6. The proposed amendment shall be consistent with the Comprehensive Plan and any adopted land use policies.
      7. The proposed amendment will benefit the residents of the Village as a whole, and not serve solely the interest of the applicant.
      8. The extent to which the proposed amendment creates nonconformities shall be considered as a factor against the amendment.
      9. The proposed amendment should be consistent with the trend of development, if any, in the general area surrounding the property in question.
      10. The permitted uses in the zoning district being requested can be adequately served by public facilities that are existing or can be reasonably provided prior to new development on the property including, but not limited to, schools, parks, police and fire protection, roads, sanitary sewers, storm sewers, and water lines.
   2. Approval Standards For Text Amendments:
      1. The extent to which the proposed amendment promotes the public health, safety, and welfare of the Village.
      2. The relative gain to the public, as compared to the hardship imposed upon the applicant.
      3. The consistency of the proposed amendment with the Comprehensive Plan.
      4. The consistency of the proposed amendment with the intent and general regulations of this Chapter.
      5. Whether the proposed amendment corrects an error or omission, adds clarification to existing requirements, or reflects a change in policy.
      6. Whether the proposed amendment provides a more workable way to achieve the intent and purposes of this Chapter and the Comprehensive Plan.
      7. The extent to which the proposed amendment creates nonconformities.
      8. The extent to which the proposed amendment is consistent with the overall structure and organization of this Chapter.
6. Written Protest Of Amendment: Written protest of an amendment may be filed in accordance with Illinois state law.

(Ord. 19-10-26)

1. Purpose: This Chapter is based upon the division of the Village into districts. Within each district the use of land and structures are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in a particular district or districts without consideration of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location.
2. Initiation: A property owner in the Village, or his/her designee, may file an application to use his/her land for one or more of the conditional uses authorized within the zoning district. A property owner may only propose a conditional use for property under his/her control.
3. Authority: The Village Board, after receiving a recommendation from the Zoning Board of Appeals and Plan Commission, will take formal action on conditional use applications.
4. Procedure: An application for a conditional use must be filed with the Zoning Administrator. Once it is determined that the application is complete, the Zoning Administrator will schedule the application for consideration by the Zoning Board of Appeals and Plan Commission.
   1. Action By Zoning Board Of Appeals And Plan Commission:
      1. Within sixty (60) days of receipt of a complete application, unless an extension of time is agreed to by the applicant and the Zoning Board of Appeals and Plan Commission, the Zoning Board of Appeals and Plan commission will consider the conditional use at a public hearing.
      2. The Zoning Board of Appeals and Plan Commission must evaluate the application based upon the evidence presented at the public hearing, pursuant to the approval standards of this section. The Zoning Board of Appeals and Plan Commission must recommend either approval, approval with conditions, or denial of the conditional use.
      3. Within sixty (60) days of the close of the public hearing, the Zoning Board of Appeals and Plan Commission must forward its recommendation to the Village Board, unless an extension is agreed to by the applicant.
   2. Action By Village Board: The Village Board must act on the conditional use within sixty (60) days of receipt of the Zoning Board of Appeals and Plan Commission recommendation. The Village Board must approve, approve with conditions, or deny the conditional use. The Village Board may also send the application back to the Zoning Board of Appeals and Plan Commission for further consideration.
   3. Conditions On Conditional Uses: The Zoning Board of Appeals and Plan Commission may recommend, and the Village Board may impose, such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use as may be deemed necessary for the protection of the public health, safety, and welfare. The Village Board may require such guarantees, as it may deem necessary, to assure compliance with any stipulated conditions.
5. Approval Standards: The listing of a use as a conditional use within a zoning district does not constitute an assurance or presumption that such conditional use will be approved. Rather, each conditional use must be evaluated on an individual basis, in relation to all applicable standards of this Chapter. Such evaluation will determine whether approval of the conditional use is appropriate at the particular location and in the particular manner proposed. The recommendation of the Zoning Board of Appeals and Plan Commission and decision of the Village Board must make findings to support each of the following conclusions:
   1. The proposed conditional use will not endanger the public health, safety, or welfare.
   2. The proposed conditional use is compatible with the general land use of adjacent properties and other property within the immediate vicinity.
   3. Adequate utilities, access roads, drainage and/or necessary facilities have been, or are being provided.
   4. Adequate measures have been, or will be, taken to provide safe ingress and egress so designed to promote the smooth flow of traffic in the public streets.
   5. The conditional use in the specific location proposed is consistent with the spirit and intent of this Chapter and adopted Village land use policies.
6. Modifications To Approved Conditional Uses: Any modifications to the conditions of approval for a previously approved conditional use must be resubmitted as a new conditional use application. Any modifications that meet ordinance standards are permitted, subject to the regulations of this Chapter.
7. Expiration: A conditional use approval expires if any one of the following conditions occurs and no request for an extension of the conditional use approval is pending.
   1. When an approved conditional use is changed to another use.
   2. For conditional uses approved in conjunction with new construction or additions or enlargements to an existing structure, the conditional use approval expires within one year of the date of approval if a building permit has not been issued.
   3. For conditional uses approved in conjunction with an existing structure or on lot where no structure is planned, the conditional use approval expires within one year of the date of approval if the licenses or permits required for the operation or maintenance of the use have not been obtained.
   4. For conditional uses approved in conjunction with a preliminary plan for a planned unit development, the conditional use approval expires in conjunction with the preliminary plan expiration.
   5. When the conditional use has been abandoned for six (6) months or more.

(Ord. 19-10-26)

1. Purpose: The purpose of the variation process is to provide a narrowly proscribed means by which relief may be granted from unforeseen applications of this Chapter that create practical difficulties or particular hardships.
2. Initiation: A property owner in the Village, or person expressly authorized in writing by the property owner, may file an application for a variation. A property owner, or his/her designee, may only propose a variation for property under his/her control.
3. Authority: The Village Board, after receiving a recommendation from the Zoning Board of Appeals and Plan Commission, will take formal action on variations.
4. Procedure: All applications must be filed with the Zoning Administrator. Once it is determined that the application is complete, the Zoning Administrator will schedule the application for consideration by the Zoning Board of Appeals and Plan Commission.
   1. Action By Zoning Board Of Appeals And Plan Commission:
      1. Within sixty (60) days of receipt of a complete application, unless an extension of time is agreed to by the applicant and the Zoning Board of Appeals and Plan Commission, the Zoning Board of Appeals and Plan Commission will consider the variation at a public hearing.
      2. The Zoning Board of Appeals and Plan Commission must evaluate the application based upon the evidence presented at the public hearing, pursuant to the approval standards of this section. The Zoning Board of Appeals and Plan Commission must recommend either approval, approval with conditions, or denial of the variation.
      3. Within sixty (60) days of the close of the public hearing, the Zoning Board of Appeals and Plan Commission must forward its recommendation to the Village Board, unless an extension is agreed to by the applicant.
   2. Action By Village Board: The Village Board must act on the variation within sixty (60) days of receipt of the Zoning Board of Appeals and Plan Commission recommendation. The Village Board must approve, approve with conditions, or deny the variation. The Village Board may also send the application back to the Zoning Board of Appeals and Plan Commission for further consideration.
   3. Conditions:
      1. The Zoning Board of Appeals and Plan Commission may recommend and the Village Board impose such conditions and restrictions upon the variation as may be deemed necessary for the protection of the public health, safety, and welfare.
      2. The Zoning Board of Appeals and Plan Commission may recommend and the Village Board may grant a variation that is less than that requested when it has been decided that the applicant is entitled to some relief of the hardship, but not to the entire relief requested in the variation application.
5. Approval Standards: The recommendation of the Zoning Board of Appeals and Plan Commission and the decision of the Village Board must make the following findings to support a ruling in favor of a variation:
   1. The strict application of the terms of this Chapter will result in undue hardship unless the specific relief requested is granted.
   2. The particular physical surroundings, shape or topographical conditions of the specific property impose a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.
   3. The plight of the owner is due to unique circumstances inherent to the subject property and not from the personal situation of the owner and has not been created by any person presently having a proprietary interest in the property in question.
   4. The variation requested represents the least deviation from the applicable regulation needed.
   5. The variation will not materially:
      1. Impair an adequate supply of light and air on adjacent properties;
      2. Increase the hazard from fire and other public safety dangers;
      3. Diminish the value of adjacent property;
      4. Impede the flow of traffic or create traffic hazards in the public streets;
      5. Otherwise impair the public health, safety, comfort, morals or general welfare;
6. Expiration Of Variation: An approved variation will expire one hundred eighty (180) days from the date of approval unless a building permit is obtained or applied for within such period. The Zoning Administrator may grant an extension for a period of validity longer than one hundred eighty (180) days, so long as the applicant applies in writing for an extension of time at any time prior to the date of expiration. No public hearing is required for approval of such extension of time.

(Ord. 19-10-26)

1. Purpose: Planned unit developments (PUD) are allowed as a distinct category of conditional use. In particular, however, the planned unit development technique is intended to encourage and allow more creative and flexible development of land than is possible under district zoning regulations and should only be applied to further those applications that provide compensating amenities to the Village. The underlying district dimensional and use regulations apply to a PUD unless specifically modified through the approval process. Through the flexibility of the planned unit development technique, the planned unit development is intended to:
   1. Encourage flexibility in the development of land and in the design of structures.
   2. Encourage a creative approach to the use of land that results in better development and design than might otherwise be accomplished under the strict application of other sections of this Chapter.
   3. Allow for the design of developments that are architecturally and environmentally innovative, and that achieve better utilization of land than is possible through strict application of standard zoning controls.
   4. Combine and coordinate architectural styles, building forms, and structural/visual relationships within an environment that allows mixing of different uses in an innovative and functionally efficient manner.
   5. Provide for the efficient use of land to facilitate a more effective arrangement of land uses, structures, circulation patterns, and utilities.
   6. Encourage land development that, to the greatest extent possible, preserves natural vegetation, respects natural topographic and geologic conditions, and refrains from adversely affective flooding, soil, drainage, and other natural ecologic conditions.
   7. Facilitate the implementation of adopted Village land use policies, particularly with respect to areas planned for potential redevelopment.
2. Initiation: The entire property proposed for the planned unit development must be in single ownership or under unified control. All owners of the property must be included as joint applicants on all applications and all approvals will bind all owners.
3. Authorization: A planned unit development is authorized in all zoning districts. A planned unit development must be granted in accordance with the procedures and standards of this section. Unless specifically approved as part of the planned unit development approval, the requirements of the underlying district apply.
4. Exceptions From District Regulations:
   1. The planned unit development is subject to the underlying district dimensional and use regulations unless an exception is specifically granted. The Zoning Board of Appeals and Plan Commission may recommend and the Village Board may grant exceptions to the zoning district use and dimensional regulations where a planned unit development is located. Exceptions from district regulations may be granted for planned unit developments, if the exceptions:
      1. Enhance the overall merit of the planned unit development.
      2. Promote the objectives of both the Village and the development.
      3. Enhance the quality of the design of the structures and the site plan.
      4. Will not cause such an adverse impact on neighboring properties so as to outweigh the benefits of the development.
      5. Are compatible with adopted Village land use policies.
      6. Provide a public benefit to the Village, as described below.
   2. The underlying zoning district requirements apply, unless an exception is granted as part of the planned unit development approval. Exceptions to district regulations may be granted where it is determined that such modifications do not negatively affect the value and enjoyment of surrounding property, the provision of municipal services, or traffic circulation on-site and off-site. To be granted such exceptions, the applicant must demonstrate superior design and enhanced amenities. In no case may an exception to district regulations be granted unless the applicant demonstrates a substantial benefit to the Village. Design characteristics and amenities to be considered in this determination include, but are not limited to, the following:
      1. Community amenities including plazas, malls, formal gardens, places to congregate, outdoor seating, public art, and pedestrian and public transit facilities.
      2. Preservation of existing environmental features.
      3. Preservation of historic features.
      4. Open space and recreational amenities.
      5. The use of green building and sustainable development techniques, including LEED or LEED-equivalent certification of structures.
      6. Incorporation of stormwater management techniques above that required by the development.
      7. Adaptive reuse of existing buildings.
      8. Provision of public car and/or bike share facilities.
5. Procedure: The following procedures, requirements, restrictions, and conditions are required. Approval of a planned unit development includes a pre-application consultation, required concept plan review, preliminary plan approval, and final plan approval. A preliminary plan and a final plan may not be submitted and reviewed simultaneously but must follow the procedures as laid out sequentially in this section.
   1. Pre-Application Consultation:
      1. Prior to formal submittal of an application, a pre-application conference with the Zoning Administrator is required.
      2. At a pre-application consultation, the applicant must provide information as to the location of the proposed planned unit development, the proposed uses, proposed improvements including the public benefits and amenities, anticipated exceptions to this Chapter, and any other information necessary to explain the planned unit development.
      3. The purpose of such pre-application consultation is to make advice and assistance available to the applicant before preparation of concept plan, so that the applicant may determine whether the proposed planned unit development is in compliance with the provisions of this Chapter and other applicable regulations, and whether the proposed planned unit development aligns with the adopted land use policies of the Village.
      4. The pre-application conference does not require formal application, fee, or filing of a planned unit development application. Any opinions or advice provided by the Zoning Administrator are in no way binding with respect to any official action that may be taken on the subsequent formal application.
   2. Concept Plan:
      1. Before submitting a formal application for a planned unit development, the applicant must present a concept plan before the Zoning Board of Appeals and Plan Commission for the purpose of obtaining information and guidance prior to formal application. The concept plan will be presented at a public meeting and no notice is required. At minimum, the concept plan must consist of the following:
         1. A map or maps in general form containing the proposed land uses, the natural features of the development site, the character and approximate location of all roadways and access drives proposed within the planned unit development, the location of all adjacent public streets, public utilities, and schematic drawings showing the size, character, and disposition of buildings on the site.
         2. A written statement containing a general explanation of the planned unit development, including a statement of the present ownership of all the land within said development and the expected schedule of construction.
         3. The Zoning Board of Appeals and Plan Commission will review the concept plan, and provide such information and guidance it deems appropriate. Any opinions or advice provided by the Zoning Board of Appeals and Plan Commission is in no way binding with respect to any official action the Zoning Board of Appeals and Plan Commission or Village Board may take on the subsequent formal application. The review of the concept plan is not a public hearing.
   3. Preliminary Plan:
      1. Action By Zoning Administrator: An application for a preliminary plan for a planned unit development must be filed with the Zoning Administrator. Once it is determined that the application is complete, the Zoning Administrator will schedule the application for consideration by the Zoning Board of Appeals and Plan Commission.
      2. Action By Zoning Board Of Appeals And Plan Commission:
         1. Within sixty (60) days of receipt of a complete application, unless an extension of time is agreed to by the applicant and the Zoning Board of Appeals and Plan Commission, the Zoning Board of Appeals and Plan Commission will consider the preliminary plan at a public hearing.
         2. The Zoning Board of Appeals and Plan Commission will review the application based upon the evidence presented at the public hearing, pursuant to the approval standards of this section. The Zoning Board of Appeals and Plan Commission must recommend either approval, approval with conditions, or denial of the preliminary plan.
         3. Following the close of the public hearing, the Zoning Board of Appeals and Plan Commission will forward its recommendation to the Village Board.
      3. Action By Village Board: The Village Board will review the preliminary plan within sixty (60) days of receipt of the Zoning Board of Appeals and Plan Commission recommendation, unless an extension of time is agreed to by the applicant and the Village Board. The Village Board must approve, approve with conditions, or deny the preliminary plan. The Village Board may also send the application back to the Zoning Board of Appeals and Plan Commission for further consideration.
      4. Conditions: The Zoning Board of Appeals and Plan Commission may recommend, and the Village Board may impose, such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the planned unit development as may be deemed necessary for the protection of the public health, safety, and welfare. Such conditions and restrictions must be reflected in the final plan.
      5. Approval Standards: The recommendation of the Zoning Board of Appeals and Plan Commission and decision of the Village Board to approve a planned unit development must make a finding that the following standards for a planned unit development have generally been met.
         1. The proposed planned unit development meets the purpose of a planned unit development.
         2. The proposed planned unit development will not be injurious to the use and enjoyment of other property in the vicinity.
         3. The proposed planned unit development will not impede the normal and orderly development and improvement of surrounding property.
         4. There is provision for adequate utilities, drainage, off-street parking and loading, pedestrian access, and all other necessary facilities.
         5. There is provision for adequate vehicular ingress and egress that does not impede the flow of traffic in public streets.
         6. The location and arrangement of structures, parking areas, walks, landscape, lighting, and other site design elements, are compatible with the surrounding neighborhood and adjacent land uses.
      6. Expiration: The preliminary plan approval expires if a complete application for approval of a final plan has not been filed within one year after the date the Village Board grants preliminary plan approval. As part of the Village Board approval of the preliminary plan, the Village Board may extend this period of time. An extension of this one year period may also be granted by the Village Board if the applicant requests an extension in writing prior to the expiration date of the approval. A public hearing for an extension of time of a preliminary plan is not required.
   4. Final Plan: Following the approval of the preliminary plan, an application for a final plan for a planned unit development must be filed with the Zoning Administrator.
      1. Action By Zoning Administrator: The Zoning Administrator will review the final plan within thirty (30) days of receipt of the complete final plan application and take the following action:
         1. If the final plan is in substantial compliance with the approved preliminary plan, the Zoning Administrator will recommend approval of the final plan to the Village Board. The Zoning Administrator will certify to the Village Board that the final plan is in substantial conformance with the previously filed preliminary plan.
         2. If the final plan is not in substantial conformance with the approved preliminary plan, the Zoning Administrator must inform the applicant as to specific areas found not to be in compliance, and the applicant must resubmit the final plan to the Zoning Administrator with changes to those areas found not to be in substantial compliance and the validity of the preliminary plan remains in effect. If the revised final plan remains noncompliant with the preliminary plan, the applicant may request that the Zoning Administrator to render a decision to be forwarded to the Village Board. In such case, the Zoning Administrator will recommend to the Village Board that the final plan be denied. If denied, the applicant may reapply by submitting a new preliminary plan.
      2. Action By Village Board: Within sixty (60) days of receipt of the Zoning Administrator recommendation, the Village Board must review the final plan. The Village Board must approve or deny the final plan. If denied, the applicant may reapply by submitting a new final plan and the validity of the preliminary plan remains in effect.
      3. Effect Of Approval: After final plan approval, the final plan will constitute the development regulations applicable to the subject property. The planned unit development must be developed in accordance with the final plan, rather than the zoning district regulations otherwise applicable to the property. Violation of any condition is a violation of this Chapter and constitutes grounds for revocation of all approvals granted for the planned unit development.
      4. Expiration: The final plan approval expires if a building permit has not been issued within one year after the date the Village Board grants final plan approval. As part of the Village Board approval of the final plan, the Village Board may extend this period of time. An extension of this one-year validity period may be granted by the Village Board prior to the expiration date of the approval if the applicant requests an extension in writing prior to the expiration date of the approval.
6. Modifications To Approved Final Plans: No adjustments may be made to the approved final plan, except upon application to the Village in accordance with the following.
   1. Administrative Modifications: The Zoning Administrator may approve the following administrative modifications to an approved final plan when it is determined by the Zoning Administrator that such changes are in substantial conformance with the approved final plan. Any changes considered a minor or major modification, as defined in this section, cannot be approved as an administrative modification. The Zoning Administrator, at his/her sole discretion, may choose to classify a modification that meets the criteria of this section as a minor modification to be approved by the Zoning Board of Appeals and Plan Commission. No notice is required for an administrative modification.
      1. Changes required during construction when related to final engineering issues such as topography, drainage, underground utilities, structural safety, or vehicular circulation.
      2. Changes in building location of no more than five feet (5') that continue to meet the requirements of this Chapter and any conditions of the final plan approval.
      3. Changes in the location of walkways, vehicle circulation ways, and parking areas of up to ten feet that continue to meet the requirements of this Chapter and any conditions of the final plan approval.
      4. Interior modifications that do not increase the area of the building footprint.
      5. Changes in building design, including building materials, which continue to meet the requirements of this Chapter and any conditions of the final plan approval.
      6. Modification of existing accessory structures or the addition of new accessory structures when in conformance with the requirements of this Chapter.
      7. Modifications to the approved landscape plan that do not result in a reduction of the total amount of plant material required and conform to all landscape requirements of this Chapter.
      8. Modification of existing signs or the addition of new signs when in conformance with sign regulations.
   2. Minor Modifications: The Zoning Board of Appeals and Plan Commission may approve the following minor modifications to an approved final plan when it is determined by the Zoning Board of Appeals and Plan Commission that such changes are in general conformance with the approved final plan. Any changes considered a major modification, as defined in this section, cannot be approved as a minor modification. The Zoning Board of Appeals and Plan Commission, at its sole discretion, may choose to classify a modification that meets the criteria of this section as a major modification to be approved by the Village Board. No notice is required for a minor modification. When calculating percentages, all fractions are rounded up to the nearest whole number.
      1. An increase or decrease in the number of dwelling units of up to ten percent (10%).
      2. An increase or decrease in building height of up to ten percent (10%).
      3. An increase or decrease in building coverage up to ten percent (10%).
      4. An increase or decrease in open space up to ten percent (10%).
      5. A change in the location of walkways, vehicle circulation ways, and parking areas between ten feet to twenty feet (10' to 20').
      6. A change in the location and arrangement of general land use categories within the development, or an increase or decrease of up to ten percent (10%) in the overall final approved land use mix in any phase.
      7. A change or relocation of any rights-of-way.
      8. An increase or decrease in the number of parking spaces of up to ten (10) parking spaces.
      9. A change to the landscape plan that results in a reduction of plant material but does not violate the landscape requirements of this Chapter.
      10. Altering any final grade by no more than twenty percent (20%) of the originally planned grade.
   3. Major Modifications:
      1. The Village Board may approve any other changes to an approved final plan that do not qualify as an administrative or minor modification. In addition, any of the following are considered major modifications:
         1. Any request for an extension of time of the final plan approval.
         2. Changes to any conditions imposed as part of final plan approval.
         3. Reductions or alterations in the approved public benefit and amenities to be provided.
         4. Any development action that does not comply with zoning district regulations.
      2. All major modifications to the final plan must be approved by the Village Board. Approval of major modifications will follow the conditional use process. The Village Board may only approve changes to the final plan if they find such changes are in general conformance with the approved final plan, necessary for the continued successful functioning of the planned unit development, respond to changes in conditions that have occurred since the final plan was approved, and/or respond to changes in adopted Village land use policies.
      3. Upon review of the proposed major modifications, the Village Board may determine that the proposed modifications constitute a new planned unit development and the final plan must be resubmitted as a preliminary plan and follow the procedures of approval in this Section.

(Ord. 19-10-26)

1. Purpose: The interpretation authority is intended to recognize that the provisions of this Chapter, though detailed and extensive, cannot, as a practical matter, address every specific zoning issue. However, this zoning interpretation authority is not intended to add or change the essential content of the ordinance.
2. Initiation: The Village Board, the Zoning Board of Appeals and Plan Commission, or a property owner in the Village, or person expressly authorized in writing by the property owner, may initiate a zoning interpretation application. All interpretation requests must be for the purpose of furthering some actual development.
3. Authority: The Zoning Administrator will review and make final decisions on written requests for zoning interpretations.
4. Procedure:
   1. All applications for interpretations must be filed with the Zoning Administrator.
   2. The Zoning Administrator must review a written request for an interpretation and render the interpretation in writing within thirty (30) days of receipt of a complete application.
   3. The Zoning Administrator may request additional information prior to rendering an interpretation. Until such additional material is received, the thirty (30) day period described in item D.2 above is temporarily suspended.

(Ord. 19-10-26)

1. Purpose: A temporary use permit allows for the short-term use and/or placement of structures on a lot. The temporary use permit regulates temporary uses that occur entirely on and within a lot. Temporary uses located within the public right-of-way are regulated separately by the Village Code.
2. Initiation: A property owner in the Village, or person expressly authorized in writing by the property owner, may initiate a temporary use permit application
3. Authority: The Zoning Administrator will review and make final decisions on temporary use permit applications.
4. Procedure:
   1. All applications for temporary use permit must be filed with the Zoning Administrator.
   2. The Zoning Administrator must render a decision on the temporary use permit within thirty (30) days of the date of receipt of a complete application. The Zoning Administrator must review and evaluate the application, pursuant to the standards of this section, and approve, approve with conditions, or deny the application.
5. Approval Standards: All temporary uses must comply with the requirements of this Chapter, including the temporary use standards of Article 8, and the following standards:
   1. Unless expressly allowed by this Chapter, the temporary use or structure complies with the dimensional requirements of the district in which it is located.
   2. The temporary use does not adversely impact the public health, safety, and welfare.
   3. The temporary use is operated in accordance with any restrictions and conditions as the Police and Fire Department, or other Village officials, may require.
   4. The temporary use does not conflict with another previously authorized temporary use.
   5. The temporary use provides adequate parking if needed. If located on a lot with an operational principal use, does not impact the parking and site circulation of the principal use.
6. Expiration: The temporary use permit is valid for the time period granted as part of the approval.

(Ord. 19-10-26)

1. Purpose: No sign, unless specifically identified as exempt by this Article, may be erected, constructed, altered, or relocated without first obtaining approval of a sign permit in accordance with the following.
2. Authority: The Zoning Administrator issues sign permits.
3. Application: A complete application for a sign permit is required. The application must be made on a form prepared by the Village, and be accompanied by all required submittals, unless waived by the Zoning Administrator.
4. Process: Upon the filing of a complete application for a sign permit, the Zoning Administrator will examine the plans and specifications for the proposed sign and will issue a sign permit if the plans comply with the requirements of this Article and other applicable Village Articles and Articles.
5. Fees: All fees must be paid to receive a permit. No permit will be issued without full payment of required fees. Applicable fees are listed in the Village Article.
6. Expiration: If the work authorized under a sign permit is not completed within one year of issuance of the permit, unless the Zoning Administrator has allowed a longer time period of validity at the issuance of the sign permit, the sign permit expires and becomes null and void.

(Ord. 19-10-26)

1. Purpose: The zoning appeals process is intended to provide appropriate checks and balances on the administrative authority of the Zoning Administrator
2. Initiation: A property owner in the Village that is directly affected by a determination of the Zoning Administrator may file an appeal of the Zoning Administrator's decision on a site plan review, zoning interpretation, temporary use permit, or other administrative decision related to this Chapter.
3. Authority: The Zoning Board of Appeals and Plan Commission will take formal action on zoning appeal applications.
4. Procedure: All applications must be filed with the Zoning Administrator. Once it is determined that the application is complete, the Zoning Administrator will schedule the application for consideration by the Zoning Board of Appeals and Plan Commission.
   1. Within sixty (60) days of receipt of a complete application, unless an extension of time is agreed to by the applicant and the Zoning Board of Appeals and Plan Commission, the Zoning Board of Appeals and Plan Commission will consider the appeal at a public hearing.
   2. The Zoning Board of Appeals and Plan Commission must evaluate the application based upon the evidence presented at the public hearing.
   3. Within thirty (30) days of the close of the public hearing, unless an extension is agreed to by the applicant, the Zoning Board of Appeals and Plan Commission must either confirm or overturn the Zoning Administrator's decision.
5. Limitations On Zoning Appeals: A decision of the Zoning Administrator may only be appealed if an application is filed within thirty (30) days of the date the decision is made.

(Ord. 19-10-26)

Procedures for Downtown Design Review are as established in Article 7.

(Ord. 19-10-26)