Upon finding the existence of any violation of this Code, the Board of Trustees shall have the authority and duty to take or direct all actions necessary or appropriate to punish and abate such violation.

Any person who shall violate, disobey, omit, neglect, or refuse to comply with, or who shall resist enforcement of, any provision of this Code shall be subject to a fine of not less than $200 nor more than $750 for each offense. Each day violation continues to exist shall constitute a separate offense.

Nothing in this Part shall be interpreted to prevent any person entitled to relief in law or equity by reason of a violation of the provisions of this Code from bringing an appropriate action to secure such relief.

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

The Board of Trustees shall, consistent with the express standards, purposes and intent of this Code, promulgate, adopt and issue such procedural rules, regulations and forms as are in the Board of Trustees' opinion necessary to the effective administration and enforcement of the provisions of this Code.

The Board of Trustees shall make staff and consulting assistance available to the Planning and Zoning Commission, and the Board of Trustees, shall in that capacity:

1.

Attend the meetings of each such body;

2.

Inform each such body of all facts and information at the Board of Trustees' disposal with respect to any matter brought before such body;

3.

Assist each such body by performing research and making recommendations on matters brought before each such body; and

4.

Perform such other duties as may be assigned to the Board of Trustees or by this Code and by the direction of the Village Board.

The Village Clerk shall, subject to Village record retention policies, maintain:

1.

Permanent and current records of this Code, including all maps; amendments; special permits; planned development and site plan approvals and denials; interpretations; and decisions rendered by Planning and Zoning Commission, the Village Attorney and the Board of Trustees, together with relevant background files and materials together with the final disposition of the Village Board;

2.

A current file of all Certificates of Zoning Compliance, all Certificates of Occupancy and notices of violations, terminations, discontinuance or removal, issued by or entrusted to the Board of Trustees' office, for such times necessary to ensure continuous compliance with the provisions of this Code; and

3.

A current file of all nonconforming uses and signs in the Village, by location and type of use.

The Village Clerk shall prepare and have available for public sale on or before March 31 of each year:

1.

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

2.

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

The Village Clerk shall, at all other times, maintain, and have available for reproduction, at least one up-to-date copy of both the Zoning Code text and the Zoning Map, showing all amendments through the most recent meeting of a Board of Trustees for which official minutes have been approved.

On behalf of the Board of Trustees, the Village Clerk shall receive all applications required to be filed pursuant to this Code. Upon receipt of any such application, the Board of Trustees shall see to its expeditious processing, including its prompt referral to and retrieval from each official department, board, or commission of the Village, or other government, with any interest or duty with respect to such application. Unless otherwise provided, the Board of Trustees may waive any application requirements that require the submission of supporting information where the applicant demonstrates to the Board of Trustees that the information required is not relevant to the application submitted.

Whenever the Planning and Zoning Commission, the Zoning Board of Appeals, or the Board of Trustees shall, by general rule or specific direction, so request, the Board of Trustees shall, at the applicant's expense, conduct or cause to be conducted such surveys, investigations, and field studies, and shall prepare or cause to be prepared such reports, maps, photographs, charts, and exhibits, as shall be necessary and appropriate to the processing of any application filed pursuant to this Code.

The Board of Trustees may, upon written request, for good cause shown and without any notice or hearing, grant extensions of any time limit imposed on an applicant or permittee by this Code, unless an ordinance or resolution shall expressly provide otherwise; and provided that 1) the total period of time granted by such extension or extensions shall not exceed the length of the original period or 90 days, whichever is less; 2) an ordinance or resolution, as appropriate, is duly adopted by a two-thirds vote of the Board of Trustees; and 3) the total period of time granted by such extension or extensions shall be specifically stated in the ordinance or resolution.

In furtherance of the enforcement of this Code, the Board of Trustees, or the Zoning Administrator shall undertake such regular and continuing programs of inspection of work approved and under way and of existing structures and uses as may be feasible and proper; shall undertake such additional inspections as may be necessary to the performance of his duties hereunder; shall receive from any person complaints alleging, with particularity, a violation of this Code; and when appropriate shall cause such investigations and inspections as may be warranted by such complaints to be made.

Upon finding the existence of any violation of this Code, the Board of Trustees or Zoning Administrator shall take or direct all actions necessary or appropriate to punish and abate such violation.

The Planning and Zoning Commission shall, as from time to time appropriate, prepare and submit a report to the Board of Trustees concerning the administration of the land use and development regulations of the Village, setting forth such information and statistical data as may be of interest and value in advancing and furthering the goals and purposes of such regulations, and setting forth recommendations for the improvement of such regulations and their administration.

The Zoning Board of Appeals will consist of seven members so appointed by the Mayor as Zoning Board of Appeals members, with the advice and consent of the Board of Trustees, and who will comprise seven members of the seven total members of the Planning and Zoning Commission.

The concurring vote of at least four members of the Board of Appeals shall be necessary on any motion to reverse any order, requirement, decision, or determination appealed to it; to decide in favor of the applicant any application made; or to effect any variation from the provisions of this Code. Any lesser vote on any such motion, even if a majority of those voting, shall be considered a final decision denying the appeal, application, or variation.

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

Every decision of the Zoning Board of Appeals shall be by written resolution which shall include findings of fact; shall refer to all the evidence in the record and to the exhibits, plans, or specifications upon which such decision is based; shall specify the reason or reasons for such decision; shall contain a conclusion or statement separate from the findings of fact setting forth the specific relief granted or denying relief; and shall expressly set forth any limitations or conditions imposed on any relief granted or work or use authorized.

The Zoning Board of Appeals shall take no final or binding vote on a decision unless it shall first have before it the written resolution herein required; provided, however, that where special circumstances warrant it, the Board of Appeals may take final action prior to the preparation of such resolution but in such event it shall, before take such action, first state its findings and conclusions as above required at a meeting open to the public and shall, in addition, state the special circumstances.

In any case where this Code provides that the failure of the Zoning Board of Appeals to act within a fixed period shall be deemed to be a denial of an application, such failure shall, notwithstanding the absence of required findings and conclusions, be considered to be a decision of the Board rendered on the day following the expiration of such fixed period.

An appeal from any final decision of the Zoning Board of Appeals may be taken in the manner provided in Article III of the Illinois Code of Civil Procedure pertaining to Administrative Review.

The Zoning Board of Appeals shall have the following jurisdiction and authority:

1.

Subject to the provisions of Section 11-502 of this Article, to hear and decide appeals from, and to review orders, decisions, or determinations made by the Zoning Administrator and to that end shall have the powers of the Zoning Administrator with respect to such order, decision, or determination.

2.

Subject to the provisions of Section 11-503 of this Article, to grant or deny variations from the requirements of this Code.

3.

Subject to the provision of Section 11-601 of this Article, to initiate changes and amendments to this Code.

The Planning and Zoning Commission consists of the seven members of the Zoning Board of Appeals, as appointed by the Mayor, with the advice and consent of the Board of Trustees. All members of the Planning and Zoning Commission will be referred to as "Commissioners."

Seven of whom shall be designated zoning board of appeals members, to 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, and the successor to each member shall serve for a term of five years.

At least five of the members shall be residents of the Village and two members may be residents of unincorporated Ogle County residing within 1 ½ miles of the Village's corporate boundaries.

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

The transcript of testimony, if any; the minutes of the Village Clerk; all applications, requests, exhibits, and papers filed in any proceeding before the Planning and Zoning Commission; and the decision and report, or reports, of the Commission shall constitute the record.

Every recommendation or decision of the Planning and Zoning Commission upon an application filed pursuant to this Code shall be by written resolution which shall include findings of fact; shall refer to all the evidence in the record and to the exhibits, plans, or specifications, upon which such recommendation or decision is based; shall specify the reason or reasons for such recommendation or decision; and shall contain a conclusion or statement separate from the findings of fact setting for the recommendation or decision of the Commission. Every resolution shall expressly set forth any limitations or conditions recommended or imposed by the Commission.

In reaching its recommendation or decision on any such application, the Planning and Zoning Commission may rely on the personal knowledge of its members, on its inspections of the property, and on any reports available to it; provided, however, that the Commission shall make the particular knowledge, inspection, or report a matter of record at the public hearing and afford every party reasonable time to respond to it.

The Planning and Zoning Commission shall take no final or binding vote on any recommendation or decision pertaining to an application pending before it unless it shall first have before it the written resolution herein required; provided, however, that where special circumstances warrant it, the Planning and Zoning Commission may take final action on any such application prior to the preparation of such resolution; but in such event it shall, before taking such action, first state its findings and conclusions as above required at a meeting open to the public and shall, in addition, state the special circumstances warranting such action.

In any case where this Code provides that the failure of the Planning and Zoning Commission to act within a fixed period shall be deemed a recommendation for grant or denial of an application, such failure shall, notwithstanding absence of the required findings and conclusions, be considered to be a decision of the Commission rendered on the day following the expiration of such fixed period.

As to other matters brought before the Planning and Zoning Commission, the Commission shall prepare such report as it shall deem appropriate to the subject matter.

In addition to the jurisdiction conferred on it by Chapter 38 of the Davis Junction Code of Ordinances, the Planning and Zoning Commission shall have the following jurisdiction and authority:

1.

Subject to the provisions of Part II this Article, to prepare and recommend a Comprehensive Plan, including an Office Map, to the Board of Trustees, which, upon its adoption by the Board of Trustees, shall be known as the "Official Comprehensive Plan" of the Village of Davis Junction.

2.

Subject to the provisions of Part II of this, to review, prepare, and recommend to the Board of Trustees changes in and amendments to the Official Comprehensive Plan, including the Official Map.

3.

Subject to the provisions of Section 11-503 of this Article, to hear, review, and offer its recommendations to the Board of Trustees on applications for variations requested pursuant to Paragraph 11-503 D4 of this Article.

4.

Subject to the provisions of Section 11-601 of this Article, to initiate, hear, review, and offer its recommendations to the Board of Trustees on applications for amendment of this Code.

5.

Subject to the provisions of Section 11-602 of this Article, to hear, review, and offer its recommendations to the Board of Trustees on applications for special permits.

6.

Subject to the provisions of Section 11-603 of this Article, to hear, review, and offer its recommendations to the Board of Trustees on applications for planned development approval.

7.

To aid and assist the Board of Trustees and the departments of the Village in implementing general plans and in planning, developing, and completing specific project.

8.

To review and report on any matters referred to it by the Board of Trustees or the Zoning Administrator.

The Board of Trustees shall appoint a Zoning Administrator to assist the Board of Trustees' administration and enforcement of this Code.

In addition to the jurisdiction, authority, and duties conferred on the Zoning Administrator by the Board of Trustees, the Zoning Administrator shall have the following jurisdiction, authority, and duties.

1.

Pursuant to the provisions of Subparagraph 8-101D.2.c.3, to determine required distance for residential pools and related equipment from property lines in any required rear yard or required interior side yard.

2.

Pursuant to the provisions of Subparagraph 8-106 V.3, to make administrative interpretations regarding materials for temporary signs.

3.

Pursuant to the provisions of Subparagraph 9-101E.2, to inventory all nonconforming uses and determine the names and addresses of the owners of record thereof and to inventory all signs and determine the names and addresses of the owners thereof or, in any case where such a determination is impractical, the owner or lessee of the premises on which such signs is located.

4.

Pursuant to the provisions of Sections 11-401 and 11-402 of this Article, to review all applications for Certificates of Zoning Compliance and Certificates of Occupancy and approve or disapprove such applications and issue or refuse to issue such certificates based on compliance or noncompliance with the provisions of this Code.

5.

Pursuant to the provisions of Section 11-501 of this Article, to issue written interpretation of the meaning and applicability of specific provisions of this Code.

6.

Pursuant to the provisions of Section 11-604 of this Article, to review and approve or deny applications for site plan approval in this cases specified in Paragraph 11-604 C.1.

7.

Pursuant to the provisions of Subsection 11-603 K and Subsection 11-604 I of this Article, to permit adjustments to final plans for planned developments and the Zoning Administrator shall have authority to permit adjustments to site plans.

The Planning and Zoning Commission shall have authority to prepare and recommend to the Board of Trustees a Comprehensive Plan of the Village and the unincorporated areas surrounding the Village and from time to time to prepare and recommend amendments thereto, any or all of which the Board of Trustees may adopt as the "Official Comprehensive Plan of the Village of Davis Junction," all in accordance with the procedures set out in this Section.

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

"Official Comprehensive Plan" shall also refer to any internally consistent and complete portion of such a compilation relating to any one or more of the aforesaid subjects or to any specific portion of the aforesaid geographical area.

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

1.

Davis Junction Comprehensive Plan, as adopted by Ordinance No. 07-11 on April 23, 2007 and as may thereafter be amended from time to time.

2.

Davis Junction Subdivision and Development Ordinance and as may thereafter be amended from time to time amended.

3.

This Code.

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

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

1.

Plan Development. The Planning and Zoning Commission, with the assistance of the Board of Trustees and Village staff, shall exercise the powers and duties delegated to it by Section 11-103 of this Article in the continuing development and revision of the Official Comprehensive Plan. The process of plan development is necessarily an informal one, and not readily adaptable to rigid procedures, but the Planning and Zoning Commission and the Board of Trustees, in developing a plan, shall make all reasonable efforts to obtain the views, comments, and criticisms of interested persons. In addition, the Planning and Zoning Commission, prior to making any recommendation for the adoption or amendment of a plan, or part thereof, to the Board of Trustees, shall conduct a duly noticed public hearing thereon in accordance with the provisions of Section 11-303 of this Article.

The Board of Trustees may, at any time, refer a plan to the Planning and Zoning Commission for consideration and recommendation. In the case of such referral, the Planning and Zoning Commission shall return its recommendation to the Board of Trustees not later than 90 days following the receipt of the referral. In the event such recommendation is not so delivered, the Board of Trustees may proceed to consider the amendment without such recommendation.

When satisfied that a plan, or a part thereof, is adequate for adoption as the Official Comprehensive Plan of the Village, or a part thereof or an amendment thereto, the Planning and Zoning Commission shall transmit such plan or part thereof to the Board of Trustees together with its recommendations for adoption of such plan as well as any reports or statements deemed necessary to a full consideration of such plan or part thereof. Such reports or statements may include majority and minority positions. Such transmission shall be made not later than 15 days following the close of the public hearing concerning such plan.

2.

Plan Adoption. Upon receiving any recommendation of the Planning and Zoning Commission with respect to adoption or amendment of any plan, or a part thereof, the Board of Trustees may, by ordinance duly enacted, adopt such plan in whole or in part, with or without amendments; or may refer such plan or any part thereof back to the Planning and Zoning Commission for further consideration; or may reject such plan. The Board of Trustees shall take such action no later than 90 days following the close of the Planning and Zoning Commission Public Hearing on such plan. The failure of the Board of Trustees to act within such period shall be deemed to be a rejection of the plan. Upon the adoptions of any such plan or part thereof, it shall be designated as the "Official Comprehensive Plan of the Village of Davis Junction," and if less than a total comprehensive plan, shall carry a subheading designating its specific contents.

3.

Plan Amendment. The Official Comprehensive Plan, or any part thereof, may be amended at any time in accordance with the provisions of this Paragraph 3. Such an amendment may be initiated by the Board of Trustees, the Planning and Zoning Commission or by any owner of property affected by the provisions of such plan sought to be amended.

Amendments initiated by the Planning and Zoning Commission or the Board of Trustees shall require no formal application and shall be processed as provided in Paragraphs E1 and E2 above.

Amendments initiated by the owner of affected property shall be initiated by an application filed pursuant to Section 11-301 of this Article, except that the time limits specified in Paragraphs E1 and E2 above shall apply.

4.

Plan Filing and Notice of Adoption. The ordinance adopting the Official Comprehensive Plan, or any part thereof, shall provide that the Board of Trustees shall cause a certified copy thereof to be placed on file in the Office of the Village Clerk, and shall cause a notice evidencing the adoption of such plan, or part thereof, to be filed with the Ogle County Recorder of Deeds.

The Planning and Zoning Commission shall have authority to prepare and to recommend to the Board of Trustees an official map of the Village, and the unincorporated areas surrounding the Village, and from time to time to prepare and recommend amendments thereto, all of which the Board of Trustees may adopt as the "Official Map of the Village of Davis Junction."

The "Official Map" shall be defined as a compilation of maps, standards, and specifications of and for existing and proposed rights-of-way, streets, alleys, utility easements, public grounds, and public utility systems within the Village or within the unincorporated area lying within one and one-half miles of its boundaries as they may from time to time exist, prepared and recommended by the Village Planning and Zoning Commission with the advice and assistance of the Board of Trustees and Village staff, and adopted by the Village Board of Trustees by ordinance duly enacted, together with such amendments thereto as may be adopted from time to time.

"Official Map" shall also refer to any internally consistent and complete portion of such a compilation relating to any one or more of the aforesaid subjects or to any specific portion of the aforesaid geographical area.

As of the effective date of this Code, "Official Map" shall be understood to refer to the documents listed in Subjection 11-201 B of this Part.

The Official Map referred to in this Section is the Map authorized by Sections 11-12-6 of the Illinois Municipal Code, 65 ILCS 5/11-12-6.

The Official Map is adopted to implement the Official Comprehensive Plan, to assure the adequacy of the public facilities to which it relates, and to secure for the Village the authority and benefits provided by state law in connection with such an Official Map.

The Official Map shall have the effect accorded to it by Sections 11-12-8 of the Illinois Municipal Code, 65 ILCS 5/11-12-8, and shall also have the effect accorded to the Official Comprehensive Plan by Subsection 11-201 D of this Article.

The procedures for the development, adoption, amendment, and filing of the Official Map shall be the same as those provided in Subsection 11-201 E of this Article with respect to the Official Comprehensive Plan.

1.

Applications for Zoning and Occupancy Certificates, Code Interpretations and Certain Site Plan Approvals. All applications for a Certificate of Zoning Compliance pursuant to Section 11-401 of this Article, a Certificate of Occupancy pursuant to Section 11-402 of this Article, an interpretation pursuant to Section 11-501 of this Article, and a site plan approval pursuant to Subsection 11-604 E1 of this Article, shall be filed with the Village Clerk or with such other Village official or body as the Board of Trustees may designate.

2.

Applications for Appeals and Variations. All applications for an appeal pursuant to Section 11-502 of this Article and a variation pursuant to Section 11-503 of this Article shall be filed with the Village Clerk for processing pursuant to Subsection 11-303 C1 of this Article.

3.

Applications for Amendments, Special Approvals, and Certain Site Plan Approvals. All preliminary and formal applications for an amendment pursuant to Section 11-601 of this Article, a special permit pursuant to Section 11-602 of this Article and a planned development pursuant to Section 11-603 of this Article, shall be filed with the office of the Village Clerk for referral to the Planning and Zoning Commissions. All applications for a site plan approval pursuant to Subsection 11-604 E2 of this Article, shall be filed with the office of the Village Clerk for referral to the Board of Trustees or Planning and Zoning Commission.

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

1.

Applications Requiring Hearings. Applications requiring public hearing will not be scheduled for such hearing unless and until filed in proper form and number and containing all required information and all fees are paid.

2.

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

3.

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

1.

Fee Established; Lien. Every application filed pursuant to this Code shall be subject to a non-refundable application and filing fee in the amount established in the annual fee ordinance adopted pursuant to the Davis Junction Municipal Code plus the actual cost, as hereinafter defined, incurred by the Village in processing such application.

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

2.

Recoverable Costs. For purposes of calculating the fee due pursuant to Paragraph D1 above, the actual costs incurred by the Village in processing an application shall be deemed to consist of the following items of direct and indirect expense:

a)

Legal Publication (direct cost)

b)

Recording Secretarial Services (direct cost)

c)

Court Reporter (direct cost)

d)

Administrative Preparation and Review (hourly salary times a multiplier to be established from time to time by the Board of Trustees at a level sufficient to recover 100 percent of the direct and indirect cost of such service)

e)

Document Preparation and Review (hourly salary times a multiplier to be established from time to time by the Board of Trustees at a level sufficient to recover 100 percent of the direct and indirect cost of such service)

f)

Professional and Technical Consultant Services (direct cost)

g)

Legal Review, Consultation, and Advice (direct cost)

h)

Copy Reduction (direct cost)

i)

Document Recordation (direct cost)

3.

Fee Payment and Escrow.

a)

Initial Payment and Escrow. Every application filed pursuant to this Code shall be accompanied by the required fee plus an additional amount for recoverable costs as provided in Paragraph D2 above, as fixed from time to time by the Board of Trustees, to be deposited in an application fee escrow. No interest shall be payable on any such escrow.

b)

Charges Against Escrow. From the date of filing of any application pursuant to this Code, the Village shall maintain an accurate record of the actual costs, as hereinabove defined, of processing such application. The Board of Trustees shall, from time to time, draw funds from the escrow account established for such application to pay such costs and shall transfer such funds to the appropriate Village accounts. The Board of Trustees shall maintain an accurate record of all such drawings.

c)

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

d)

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

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

However, the escrow deposit and any additional escrow deposits will be returned to the applicant without deductions, in the event final action on an application is taken due to a failure to act by the Zoning Administrator under subparagraph 11-501 D(2) or 11-604 E(1)(b); the Board of Appeals under subparagraphs 11-502 D(4) or 11-503 D(3); or the Board of Trustees under subparagraphs 5-105A(1)(f), 11-201 E(2), 11-601 D(4), 11-603D(1)(e), 11-603(D)(3)(g)(5), or 11-604 E(2)(d).

4.

Condition of All Applications, Approvals, and Permits; Time Periods. No application filed pursuant to the Code shall be considered complete unless and until all fees and deposits due pursuant to this Subsection have been paid. Every approval granted and every permit issued pursuant to this Code shall, whether or not expressly so conditioned, be deemed to be conditioned upon payment of fees as required by this Subsection.

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

5.

Specified Public Bodies Exempt. The costs specified in Subsection 11-301 D2(e) and D2(f) shall not be included in the fee required of any public body or agency deriving the majority of its revenues from taxes levied within the Village of Davis Junction.

1.

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

a)

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

b)

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

c)

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

d)

The name and address and the nature and extent of the interest of any officer or employee of the Village in the owner, the applicant or the subject property.

e)

The address and legal description of the subject property.

f)

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

g)

In the case of any application being filed less than two years after the denial of an application seeking essentially the same relief, the statement required by Subsection 11-302 B of this Article.

h)

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

2.

Applications for Zoning and Occupancy Certificates. Every application filed pursuant to Section 11-401 or 11-402 of this Code shall, in addition to the data and information required pursuant to Paragraph 1 above, provide the following information:

a)

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

b)

A table showing the following, if applicable:

(1)

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

(2)

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

(3)

The existing and proposed:

(i)

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

(ii)

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

c)

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

d)

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

3.

Application for Code Interpretations. Every application filed pursuant to Section 11-501 of this Code shall, in addition to the data and information required pursuant to Paragraph 1 and, where relevant, Paragraph 2 above, provide the following information:

a)

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

b)

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

c)

The precise interpretation claimed by the applicant to be correct.

d)

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

e)

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

4.

Applications for Appeals. Every application filed pursuant to Section 11-502 of this Code shall, in addition to the date and information required pursuant to Paragraph 1, and, where relevant, Paragraph 2 above, provide the following information:

a)

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

b)

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

c)

The precise relief sought.

d)

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

5.

Applications for Variations. Every application filed pursuant to Section 11-503 of this Code shall, in addition to the data and information required pursuant to Paragraph 1 and where relevant, Paragraph 2 above, provide the following information:

a)

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

b)

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

c)

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

d)

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

e)

A statement of how the variation sought would satisfy the standards set forth in Subsection 11-503 F of this Code.

f)

The names and addresses of all owners of:

1)

Property within 250 lineal feet, excluding street rights-of-way, in all directions from the subject property; and

2)

Property located on the same frontage or frontages as the front lot line or corner side lot line of the subject property and on a frontage directly opposite any such frontage and on a frontage immediately adjoining or across an alley from any such frontage, as shown in the records of the Office of the Ogle County Assessor.

g)

A survey, certified by a registered land surveyor, showing existing lot lines and dimensions, as well as lot area, all easements, all public and private rights-of-way, and all streets across and adjacent to the subject property.

h)

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

6.

Applications for Official Comprehensive Plan or Zoning Code Text Amendments. Every application filed pursuant to Paragraph 11-201 E3 or formal applications filed pursuant to Paragraph 11-601 D2 of this Code requesting an amendment to the text of either the Official Comprehensive Plan or this Code shall, in addition to the data and information required pursuant to Paragraph 1 and, where relevant, Paragraph 2 above, provide the following information:

a)

The exact wording of the proposed text amendment.

b)

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

c)

The names and addresses of all owners of

1)

Property within 250 lineal feet, excluding street rights-of-way, in all directions from the subject property; and

2)

Property located on the same frontage or frontages as the front lot line or corner side lot line of the subject property and on a frontage directly opposite any such frontage and on a frontage immediately adjoining or across an alley from any such frontage, as shown in the records of the Office of the Ogle County Assessor.

d)

A survey, certified by a registered land surveyor, showing existing lot lines and dimensions, as well as lot area, all easements, all public and private rights-of-way, and all streets across and adjacent to the subject property.

e)

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

7.

Formal Applications for Special Permits. Every application filed pursuant to Paragraph 11-602 D2 of this Code shall, in addition to the data and information required pursuant to Paragraph 1 and, where relevant, Paragraph 2 above, provide the following information:

a)

A written statement of the need for the special permit.

b)

The names and addresses of all owners of

1)

Property within 250 lineal feet, excluding street rights-of-way, in all directions from the subject property; and

2)

Property located on the same frontage or frontages as the front lot line or corner side lot line of the subject property and on a frontage directly opposite any such frontage and on a frontage immediately adjoining or across an alley from any such frontage, as shown in the records of the Office of the Ogle County Assessor.

c)

A survey, certified by a registered land surveyor, showing existing lot lines and dimensions as well as lot area, all easements, all public and private rights-of-way, and all streets across and adjacent to the subject property.

d)

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

e)

An application for site plan approval pursuant to Section 11-604 of this Article.

8.

Applications for Zoning or Official Comprehensive Plan Map Amendments. Every application filed pursuant to Paragraph 11-301 E.3 or formal applications filed pursuant to Paragraph 11-601 D.1 of this Code requesting an amendment to the Official Comprehensive Plan Map or the Zoning Map shall, in addition to the data and information required pursuant to Paragraph 1 and, where relevant, Paragraph 2 above, provide a statement of the need and justification for the proposed Plan or Zoning Map amendment. Said statement shall address at least the following factors:

a)

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

b)

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

c)

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

d)

The extent to which such diminution in value is offset by an increase in the public health, safety, and welfare.

e)

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

f)

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

g)

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

h)

The suitability of the subject property for uses permitted or permissible under its present plan designation and zoning classification.

i)

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

j)

The availability of adequate utilities and essential public services to the subject property to accommodate the uses permitted or permissible under its present plan designation and zoning classification.

k)

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

l)

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

m)

The names and addresses of all owners of:

1)

Property within 250 lineal feet, excluding street rights-of-way, in all directions from the subject property; and

2)

Property located on the same frontage or frontages as the front lot line or corner side lot line of the subject property and on a frontage directly opposite any such frontage and on a frontage immediately adjoining or across an alley from any such frontage, as shown in the records of the Office of the Ogle County Assessor.

9.

Applications for Planned Development Concept Plan Approval. Every application filed pursuant to Paragraph 11-603 D2 of this Code shall, in addition to the data and information required pursuant to Paragraph 1 and, where relevant, Paragraph 2 above, provide the following information:

a)

A development name unique to the Davis Junction area for identification purposes.

b)

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

c)

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

d)

A written statement addressing the following matters:

(1)

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

(2)

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

e)

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

f)

A tax impact study indicating the possible tax consequences the proposed planned development will have upon the Village and other affected taxing bodies.

g)

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

h)

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

i)

A copy of an application for a Natural Resource Assessment to the Ogle County Soil and Water Conservation District if the subject property is two acres or larger.

j)

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

k)

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

l)

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

m)

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

n)

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

o)

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

p)

A preliminary plat of subdivision if required pursuant to the Davis Junction Subdivision and Development Ordinance.

10.

Application for Planned Development Final Plan Approval. Every application filed pursuant to Paragraph 11-603 D3 of this Article shall, in addition to the data and information required pursuant to Paragraph 1 and, where applicable, Paragraph 2 above, provide the following information:

a)

The date on which Development Concept Plan approvals were granted.

b)

An application for site plan approval pursuant to Section 11-604 of this Article.

c)

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

d)

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

e)

Copies of any restrictive covenants to be recorded with respect to property included in the Final Plan.

f)

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

g)

A final plat of subdivision if required pursuant to the Davis Junction Subdivision and Development Ordinance.

h)

All engineering data and drawings required in connection with an application for final subdivision approval under the Davis Junction Subdivision and Development Ordinance (3 sets only).

i)

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

j)

Hard line elevations and floor plans.

k)

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

11.

Applications for Site Plan Approval. Whenever an application filed pursuant to any provision of this Code involves any use, construction, or development requiring the submission of a site plan pursuant to Section 11-604 of this Article, a site plan illustrating the proposed use, construction, or development and providing at least the following data and information, on one or more sheets, shall be submitted as part of the application:

a)

A graphic rendering of the existing conditions, which depicts:

(1)

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

(2)

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

(3)

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

(4)

Existing drainage structures and patterns; and

(5)

Soil conditions as they affect development.

b)

The location, use, size, and height in stories and feet of structures and other land uses on properties within 250 feet of the subject property.

c)

For areas within any required yard or setback, any proposed re-grading of the subject property.

d)

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

(1)

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

(2)

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

(3)

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

(4)

Building coverage; and

(5)

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

e)

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

f)

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

g)

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

h)

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

i)

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

j)

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

k)

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

l)

A traffic study, if required by the Board of Trustees or the Board or Commission hearing the application.

m)

An erosion control plan for the period during which construction will be taking place, if required by the Board of Trustees or the Board or Commission hearing the application.

n)

Hard line elevations and floor plans.

o)

The names and addresses of all owners of:

1)

Property within 250 lineal feet, excluding street rights-of-way, in all directions from the subject property; and

2)

Property located on the same frontage or frontages as the front lot line or corner side lot line of the subject property and on a frontage directly opposite any such frontage and on a frontage immediately adjoining or across an alley from any such frontage, as shown in the records of the Office of the Ogle County Assessor.

12.

Applications for Appeal from Denial of Site Plan Approval. Every application filed pursuant to Subparagraph 11-604 E (1)(d) shall, in addition to the data and information required pursuant to Paragraph 1 above, provide the following information:

a)

A copy of the original application for site plan approval.

b)

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

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

An applicant may withdraw an application at any time prior to a final decision having been rendered with respect thereto; provided that the applicant shall have paid all applicable application fees pursuant to Section 11-301 D. Such withdrawal shall be without prejudice to the applicant's right to re-file such application, but any such re-filing shall be treated as an entirely new filing and shall be subject to the procedures and fees of this Code in the same manner as any other new application.

Whenever any application filed pursuant to this Code has been finally denied on its merits, a second application, seeking essentially the same relief, whether or not in the same form or on the same theory, shall not be brought unless, in the opinion of the Officer, Board, or Commission before which it is brought, substantial new evidence is available or a mistake of law or fact significantly affected the prior denial.

Any such second application shall include a detailed statement of the grounds justifying consideration of such application.

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

When the provisions of this Code require a public hearing or meeting in connection with any application filed pursuant to this Code, the Village Clerk shall, upon receipt of a properly completed application, consult with the body hearing the application and fix a reasonable time and place for such hearing or meeting; provided, however, that such hearing or meeting shall be commenced no later than 60 days, and shall be concluded no later than 120 days, following the receipt of the subject application unless the applicant shall agree to an extension or unless the hearing or meeting agenda of the body is completely committed during that time.

1.

Persons Entitled to Notice.

(a)

All Hearings and Meetings. Notice of every hearing or meeting Subsection A of this Section shall be given by the Village Clerk:

(1)

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

(2)

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

(3)

By mail, email, personal delivery, or interdepartmental delivery to affected Village Boards, Commissions, Departments and Officials.

Notice by mail or email as herein required, shall be mailed no less than five business days in advance of the hearing or meeting date by regular United States mail.

(b)

Hearings on Amendments, Special Permits, and Variations. In addition to notice as required by Subparagraph B1(a) above, the following notice shall be given for every hearing set pursuant to Subsection 11-303 A in connection with an application for an amendment to this Code a special permit, renewal of special use permit, or a variation:

(1)

Content of Notice. The notice required pursuant to this Subparagraph shall contain, at a minimum, the following information:

(i)

The common street address and property index number that is the subject of the application;

(ii)

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

(iii)

The name and address of the applicant; and

(iv)

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

(2)

Notice by Newspaper Publication. The Zoning Administrator shall cause a notice to be published in a newspaper published in, or of general circulation within, the Village at least once no less than 15 days, nor more than 30 days, in advance of the hearing date.

(3)

Notice by Mail. If a specific property is the subject of the application, the applicant will distribute notice by U.S. Mail to the taxpayers of record for all properties located within two hundred and fifty (250') of the subject property, excluding rights of way. The notice must be postmarked no less than fifteen (15) days, nor more than thirty (30) days, in advance of the hearing date.

(4)

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

(c)

Hearing on Renewal of Special Permits. In addition to notice as required by Subparagraph B1(a) above, notice of a hearing for the renewal of a special permit pursuant to Subsection 11-602 K of this Code shall be given in accordance with Subparagraphs 11-303 B3(b).

(d)

Hearing on Official Comprehensive Plan. In addition to notice as required by Subparagraph B1(a) above, notice of the initial hearing set pursuant to Subsection A hereof in connection with the adoption of the Official Comprehensive Plan shall be given by publication in a newspaper of general circulation in Ogle County at least 15 days before such hearing.

1.

Village Clerk to Refer Applications. The Village Clerk shall, not later than the time set pursuant to Subsection B of this Section for giving public notice, refer every application for an appeal pursuant to Section 11-502 of this Article, for a variation pursuant to Section 11-503 of this Article, for a variation pursuant to Paragraph 11-503 D4 of this Article, an amendment pursuant to Section 11-601 of this Article, a special permit pursuant to Section 11-602 of this Article and a planned development pursuant to Section 11-603 of this Article, refer such application to all appropriate Village staff, such as, the Village Attorney and Village Engineers.

2.

Review and Comments. Village Staff to which an application is referred pursuant to this Subsection shall review such application and submit its comments thereon to the Village Clerk, for distribution to the Zoning Board of Appeals or Planning and Zoning Commission. Such comments shall, whenever possible, be submitted at least five business days prior to the date set for the hearing and shall be made available to any person on request prior to the hearing.

1.

Rights of All Persons. Any person may appear and testify at a public hearing, either in person or by a duly authorized agent or attorney, and may submit documentary evidence; provided, however, that the hearing body may exclude irrelevant, immaterial, or unduly repetitious evidence.

2.

Rights of Parties and Proximate Owners. The applicant and, any Board, Commission, Department, or Official of the Village, and any owner of property located, in whole or in part, within 250 feet of the subject property measured in all directions of the subject property, excluding public and railroad right-of-way, may, subject to the discretion of the hearing body, in addition to the rights granted by Paragraph D1 above, be allowed any or all of the following rights:

a)

To present witnesses on their behalf;

b)

To cross-examine all witnesses testifying in opposition to their position;

c)

To examine and reproduce any documents produced at the hearing;

d)

To have subpoenas issued by the body in charge of the hearing, for persons to appear at the hearings and for examination of documents by the person requesting the subpoena either before or during the hearing, where such persons or documents are shown to have a substantial evidentiary connection with:

1)

The property to which the request applies; or

2)

Facts that would support or negate the legal standards for granting the request; and

e)

To be granted, upon request, a continuance for the purpose of presenting evidence to rebut evidence introduced by any other person.

In granting or withholding such rights, the discretion of the hearing body shall be governed by the goal of securing all information and opinion relevant and material to its deliberations. Such rights shall not, however, be granted where undue and unwarranted delay would result, or where to do so would tend to produce no new evidence to aid the hearing body in reaching its decision.

3.

Adjournment of Hearing. The body conducting the hearing may at any time, on its own motion or at the request of any person, adjourn the hearing for a reasonable time, and to a fixed date, time and place, for the purpose of giving further notice, taking further evidence, gathering further information, deliberating further, or for such other reason as the body finds to be sufficient. The Village Clerk shall notify in writing all members of the hearing body, all parties to the hearing, and any other person designated on the vote of adjournment, of the date, time and place of the adjourned hearing.

4.

Testimony to be Sworn. All testimony at any hearing held pursuant to the provisions of this Code shall be given under oath.

5.

Right to Submit Written Statements. Any person may at any time prior to the commencement of a hearing hereunder, or during such hearing or within such time as may be allowed by the hearing body following such hearing, submit written statements in support of or in opposition to the application being heard. Such statements shall be subscribed and sworn before an officer authorized to administer oaths and shall be a part of the public record of the hearing.

6.

Board or Commission Rules to Govern. All other matters pertaining to the conduct of hearings shall be governed by the provisions of this Code pertaining to, and the rules promulgated by, the body conducting the hearing.

At any time following the giving of notice as required in Subsection B of this Section, and upon reasonable request, any person may examine the application and, subject to the exceptions set forth in the Illinois Freedom of Information Act, all other documents on file with the Village Clerk, pertaining to the matter subject to such notice. In addition, any person shall be entitled to copies of such application and documents upon reasonable request and payment of a fee as established from time to time by the Board of Trustees to cover the cost of such copies.

The Zoning Administrator shall have authority to issue Certificates of Zoning Compliance, but only in accordance with the provisions of this Section.

The Certificate of Zoning Compliance is intended to serve two general purposes. First, it provides a procedure for reviewing plans for conformance with this Code and a means for evidencing such conformance. Second, it serves as an adjunct to, and this must be filed prior to or with, all other applications filed pursuant to this Code with respect to a specific use or development proposal. When so filed, it serves as a vehicle for routine plan review by the Zoning Administrator prior to consideration of special requests by other Officials, Boards, and Commissions, thus avoiding needless special reviews of defective plans.

Except where expressly waived by another provision of this Code, unless a Certificate of Zoning Compliance shall have first been obtained from the Zoning Administrator:

1.

The construction, repair, structural alteration, remodeling, alteration, or moving of any structure shall not be commenced;

2.

No land vacant on the effective date of this Code shall be used or occupied for any purpose, except the raising of crops;

3.

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

4.

Building or other permits pertaining to the construction, repair, remodeling, structural alteration, or moving of any structure or the use of any land or structure shall not be issued by the Village.

In any case where a Certificate of Zoning Compliance is not required under this Code, the Zoning Administrator shall, upon written request, issue a certificate of such fact.

No application for a zoning variation, formal application for a special permit, formal application for an amendment, or formal application for approval of a development Concept Plan shall be processed, unless an application for a Certificate of Zoning Compliance shall first have been received, processed, and approved, or denied solely on one or more grounds that form the basis for the application filed pursuant to said Part III. It is the intent of this Section that no application filed pursuant to Part III of this Article with respect to a specific use or development proposal shall be processed until the Zoning Administrator is satisfied that the proposed use or development complies with the provisions of this Code in all respects except those within the scope of such application.

1.

Application. Applications for Certificates of Zoning Compliance shall be filed in accordance with the requirements of Section 11-301 E2 of this Article.

2.

Action on Application. Within 21 days following receipt of a completed application for a Certificate of Zoning Compliance, the Zoning Administrator shall cause the application and related submissions to be reviewed for compliance with this Code and shall inform the applicant whether the application has been granted or denied.

In any case where an application is granted, the Zoning Administrator shall issue a Certificate of Zoning Compliance, which shall state on its face, in bold type, that:

"THIS CERTIFICATE DOES NOT SIGNIFY BUILDING CODE REVIEW OR APPROVAL AND IS NOT AUTHORIZATION TO UNDERTAKE ANY WORK WITHOUT SUCH REVIEW AND APPROVAL WHERE EITHER IS REQUIRED. SEE CHAPTER 8 OF THE DAVIS JUNCTION MUNICIPAL CODE FOR DETAILS.

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

SEE SECTION 11-402 OF THE DAVIS JUNCTION ZONING CODE AND CHAPTER 8 OF THE DAVIS JUNCTION MUNICIPAL CODE FOR DETAILS."

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

If relief from the Zoning Administrator's denial of a Certificate of Zoning Compliance would be available by variation, special permit, or site plan review, but no application therefor has been filed, the Zoning Administrator shall so state and shall refer the applicant to the appropriate provisions of this Code.

3.

Contents of Certificate. Each Certificate of Zoning Compliance issued pursuant to this Section shall state the specific use of the subject property for which it is issued; shall identify the specific plans; if any, pursuant to which it is issued; and shall set forth any conditions imposed in connection with any approval granted pursuant to this Code.

4.

Filing of Certificates. Every Certificate issued pursuant to this Section shall be kept on file with the Village Clerk and shall be a public record open to inspection in accordance with the provisions of the Illinois Freedom of Information Act.

The issuance of a Certificate of Zoning Compliance shall not authorize the establishment, expansion, or extension of any use nor the development, construction, relocation, alteration, or moving of building or structure, but shall merely authorize the preparation, filing, and processing of applications for any additional permits and approvals that may be required by the codes and ordinances of the Village, including, but not limited to, a Building Permit, a Certificate of Occupancy, and Subdivision Approval.

Subject to an extension of time granted by the Village President pursuant to Subsection 11-101H of this Article, a Certificate of Zoning Compliance shall become null and void six months after the date on which it was issued unless within such period construction, repair, remodeling, structural alteration, or moving of a structure is commenced or a use is commenced.

Any Certificate of Zoning Compliance issued in violation of the provisions of this Code, whether intentionally, negligently, or innocently, shall be void from issuance and shall give rise to no rights whatsoever.

The Zoning Administrator shall have authority to issue Certificates of Occupancy; provided, however, that no such certificate shall be issued except in accordance with the provisions of this Section and the provisions of the Davis Junction Municipal Code governing development, building, and related matters.

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

Unless a Certificate of Occupancy shall have first been obtained certifying compliance with the provisions of this Code:

1.

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

2.

No land vacant as of the effective date of this Code shall be used or occupied for any purpose, except the raising of crops;

3.

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

1.

Application. Where no Certificate of Zoning Compliance is required, applications for Certificates of Occupancy shall be filed in accordance with the requirements of Section 11-301 of this Article.

Where a Certificate of Zoning Compliance has been issued, the application for that Certificate shall also be treated as the application for a Certificate of Occupancy and shall be processed as such at such time as the applicant notifies the Zoning Administrator in writing that the subject structure or use is ready for a Certificate of Occupancy in accordance with the Certificate of Zoning Compliance.

In any case where the structure or use involved has been constructed or established pursuant to any approval granted pursuant to this Code, the application shall be accompanied by "as built" plans depicting the structure or use as built and bearing the certificate of a surveyor, engineer, architect, land planner, or owner-designer, as may be appropriate, certifying that the structure or use as built conforms in all respects to the approval granted.

2.

Action on Application. Within ten days following the receipt of a completed application, the Zoning Administrator shall cause the subject structure or premises to be inspected and shall take on the following actions based on such inspection:

a)

If all work has been completed and the structure and use thereof are in full and complete compliance with all applicable provisions of this Code, other relevant codes and ordinances of the Village, the applicant's plans as approved and any conditions attached to any approval issued pursuant to this Code, the Zoning Administrator shall issue a Certificate of Occupancy;

b)

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

3.

Contents of Certificates. In addition to the matters required to be contained in a Certificate of Occupancy pursuant to other applicable provisions of the Davis Junction Municipal Code, each Certificate of Occupancy issued pursuant to this Section shall state the specific use of the subject property for which it is issued; shall identify the specific plans, if any, pursuant to which it is issued and shall set forth any conditions imposed in connection with any approval granted pursuant to this Code.

4.

Filing of Certificates. Every Certificate issued pursuant to this Section shall be kept on file with the Village Clerk and shall be a public record open to inspection pursuant to the provisions of the Illinois Freedom of Information Act.

Notwithstanding the provisions of Paragraph D2 above, where construction, repair, remodeling, or structural alteration of a structure does not require the vacating of the structure, or where parts of the structure are finished and ready for occupancy before the completion of such construction, repair, remodeling, or structural alteration and are certified upon inspection to be safe for use or occupancy and to be in full compliance with all applicable provisions of this Code, other relevant codes, and ordinances of the Village, the applicant's plans as approved and any conditions attached to any approvals issued pursuant to this Code with respect to such structure or its premises, a Temporary Certificate of Occupancy may be issued for a period not to exceed six months from its date, which Temporary Certificate shall bear on its face, in bold type, a statement of its temporary nature; provided, however, that no such temporary certificate shall be issued pursuant to this Code unless said structure also qualifies for a Temporary Certificate of Occupancy issued pursuant to the Davis Junction Building Code.

The Zoning Administrator may issue a Certificate of Occupancy certifying the lawful existence and use of any existing structure or use in the same manner, and subject to the same standards and limitations, as authorized by this Section with respect to new structures and uses. Such Certificate shall be primafacie evidence of the facts contained in it with respect to any structure or use as of the date of its issue and remain effective for that purpose for so long as neither the use or structure nor the applicable provisions of this Code are changed.

The Zoning Administrator may issue a Certificate of Occupancy certifying the lawful existence and use of any nonconforming use, structure, lot, or sign in the same manner, and subject to the same standards and limitations, as authorized by this Section with respect to new structures and uses and subject also to the additional standards and limitations set forth in Paragraph 9-101E3 of this Code.

Any Certificate of Occupancy issued in violation of the provisions of this Code, whether intentionally, negligently, or innocently, shall be void ab initio and shall give rise to no rights whatsoever.

The Zoning Administrator may, subject to the procedures, standards, and limitations of this Section, render interpretations, including use interpretations, of the provisions of this Code and of any rule or regulation issued pursuant to it.

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

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

1.

Application. Applications for interpretations of this Code shall be filed in accordance with the requirements of Section 11-301 of this Article.

2.

Action on Application. Within 45 days following the receipt of a properly completed application for interpretation, the Zoning Administrator shall inform the applicant in writing of its interpretation, stating the specific precedent, reasons, and analysis upon which the determination is based.

The failure of the Zoning Administrator to act within 45 days, or such further time to which the applicant can agree, shall be deemed to be a decision denying the application rendered on the day following such 45 day period.

3.

Appeal. Appeals from interpretations rendered by the Zoning Administrator may be taken to Zoning Board of Appeals as provided in Section 11-502 of this Article.

The following standards shall govern the Zoning Board of Appeals on appeals from the Zoning Administrator, in issuing use interpretations:

1.

No use interpretation shall be given with respect to the Residential Districts.

2.

Any use defined in Section 12-206 of this Code shall be interpreted as therein defined.

3.

No use interpretation shall permit a use listed as a permitted or special permit use in any district to be established in any district in which such use is not so listed.

4.

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

5.

No use interpretation shall permit any use in a particular district unless such use is substantially similar to other uses permitted in such district and is more similar to such other uses than to uses permitted or specially permitted in a more restrictive district.

6.

If the proposed use is most similar to a use permitted only as a special permit use in the district in which it is proposed to be located, then any use interpretation permitting such use shall be conditioned on the issuance of a special permit for such use pursuant to Section 11-602 of this Article.

7.

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

8.

Subject to the foregoing conditions and limitations, in rendering use interpretations the Zoning Administrator shall be guided by the North AmericanIndustrial Classification System, as amended by the Village (see Appendix A) and the use classification methodology used therein.

No use interpretation finding a particular use to be permitted or specially permitted in a particular district shall authorize the establishment of such use nor the development, construction, repair, structural alteration, or moving of any building or structure but shall merely authorize the preparation, filing, and processing of Applications for any Permits and Approvals that may be required by the codes and ordinances of the Village, including, but not limited to, a Special Permit, a Certificate of Zoning Compliance, a Building Permit, a Certificate of Occupancy, Subdivision Approval, and Site Plan Approval.

Subject to an extension of time granted by the Board of Trustees pursuant to Subsection 11-101H of this Article, no use interpretation finding a particular use to be permitted or specially permitted in a particular district shall be valid for a period longer than six months from the date of issue unless a building permit is issued, and construction is actually begun within that period and is thereafter diligently pursued to completion, or a Certificate of Occupancy is obtained and a use commenced within that period.

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

Except as provided in Subparagraph 11-604 E1(d) of this Article with regard to site plan review appeals, the Zoning Board of Appeals shall hear and decide appeals from, and review orders, decisions, determinations, or the failure to act, of the Zoning Administrator acting pursuant to his authority and duties under this Code and to that end the Board of Appeals shall have the same powers and be subject to the same standards and limitations as the Zoning Administrator with respect to any order, decision, or determination being appealed.

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

An application for appeal to the Zoning Board of Appeals may be filed by any person aggrieved or adversely affected by an order, decision, determination, or failure to act of the Zoning Administrator acting pursuant to his authority and duties under this Code.

1.

Application. An application for appeal to the Zoning Board of Appeals shall be filed not later than 45 days following the action being appealed and in accordance with the requirements of Section 11-301 of this Article.

2.

Action by Village Clerk. Upon receipt of a properly completed application for an appeal, the Village Clerk shall immediately transmit to the Board of Appeals the application together with all papers constituting the record upon which the action appealed from was taken.

3.

Public Hearing. A public hearing shall be set, noticed, and conducted by the Board of Appeals in accordance with Section 11-303 of this Article.

4.

Action by Board of Appeals. Within 30 days following the close of the public hearing the Board of Appeals shall render a decision on the appeal in the manner and form specified in Subsection 11-103C of this Article. Such decision may reverse, affirm, or modify, in whole or in part, the action appealed from and may include such order or determination as, in the opinion of the Board of Appeals, is proper to be made in the premises.

The failure of the Board of Appeals to act within such 30 days, or such further time to which the applicant may agree, shall be deemed to be a decision denying the appeal.

An application for appeal properly filed pursuant to Subsection D above shall stay all proceedings in the furtherance of the action appealed from, except as provided in Subsection 11-502 E(1).

1.

An application for appeal shall not stay proceedings in furtherance of the action appealed from if the Zoning Administrator certifies to the Board of Appeals, after the application has been filed with the Village Clerk, that a stay would cause imminent peril to life or property, in the Zoning Administrator's opinion based on facts stated in the certificate. However, proceedings may be stayed under this Subparagraph 11-502 E(1) by a restraining order granted by application to the Board of Appeals or by the circuit court, upon reasonable written notice and on due cause shown.

In any case where the application for appeal is accompanied by an application for variation in accordance with Section 11-503 of this Article, the Zoning Board of Appeals shall have the authority to grant, as part of the relief, a variation but only in strict compliance with each provision of said Section 11-503.

In any case where this Code imposes conditions and limitations upon any right, any such right granted by the Zoning Board of Appeals on appeal shall be subject to such conditions and limitations in the same manner and to the same extent as if secured without the necessity of an appeal.

The Zoning Board of Appeals and, in the cases specified in Subparagraph 11-503 D4, the Board of Trustees, shall have the authority to grant variations from the provisions of this Code, but only in compliance with the procedures set forth in Subsection D of this Section and in those specific instances enumerated in Subsection E of this Section and then only in accordance with each of the standards enumerated in Subsection F of this Section.

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

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

1.

Application. Applications for variations shall be filed in accordance with the requirements of Section 11-301 of this Article.

2.

Public Hearing. A public hearing shall be set, noticed, and conducted by the Zoning Board of Appeals in accordance with Section 11-303 of this Article.

3.

Action by Board of Appeals. Within 35 days following the close of the public hearing, the Zoning Board of Appeals shall render its decision, granting or denying the variation, in the manner and form specified by Subsection 11-103C of this Article.

The failure of the Board to act within 35 days, or such further time to which the applicant may agree, shall be deemed to be a decision denying the variation.

4.

Special Procedures in Connection With Other Applications. Whenever any other application is filed pursuant to this Code or the Davis Junction Subdivision and Development Ordinance as a companion to an application for a variation and such companion application requires final approval by the Board of Trustees, the authority to hear and decide the application for variation otherwise delegated to the Zoning Board of Appeals pursuant to this Section may, pursuant to the request of the Board of Trustees or the applicant made at the time of the filing of the applicant's preliminary application, be reserved to the Board of Trustees. Whenever any application for a variation requires final approval by the Board of Trustees, the authority to hear and decide the application for variation shall be reserved to the Board of Trustees; provided that the Board of Trustees may refer the application to the application to the Zoning Board of Appeals for a recommendation. For such purposes, the Board of Trustees shall have all of the authority granted to, and shall be subject to all of the limitations imposed on, the Zoning Board of Appeals by this Section; provided, however, that the provisions governing public notice and hearing of, and action on, the companion application or the provisions of Paragraphs D2 and D3 of this Section that provide the broadest public notice shall govern.

1.

Permitted Variations. Subject to the prohibitions set forth in Paragraph E2 below, and subject to the other provisions of this Section, the Zoning Board of Appeals may vary the provisions of this Code in the following cases and in no others; provided, however, that only the Board of Trustees may vary the provisions of this Code as provided in Subparagraphs E1(j), E1(n) and E1(q) below:

a)

To reduce the dimension of any required yard or setback of a lot of record existing at the time that the application for the variation is submitted;

b)

To permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots, but in no event shall the respective area and width of the lot or lots be less than 90 percent of the required area and width, and only on a lot of record existing at the time that the application for the variation is submitted;

c)

To increase the maximum allowable height of any fence;

d)

To reduce by not more than 45 percent, or one space, whichever is greater, the minimum number of off-street parking spaces or loading spaces otherwise required;

e)

To increase, by not more than one sign, the maximum number of signs of any functional type otherwise allowed;

f)

To allow illumination of residential recreational facilities;

g)

To allow the moving of a pre-code structure to an extent or in a manner not permitted by Subsection 9-104D of this Code;

h)

To allow the otherwise prohibited restoration of a partially damaged or destroyed pre-code structure or structure devoted to a nonconforming use;

i)

To allow yard variations in excess of those permitted by Section 9-105 of this Code in connection with the development of a legal nonconforming lot of record;

j)

To permit the use of one or more residential lots for a use otherwise prohibited solely because of the insufficient width of the lot or lots, where:

1)

the lot or lots for which the variation is sought are the result of a proposed subdivision that includes one or more existing nonconforming lots of record;

2)

the application for a proposed subdivision is submitted concurrently with the application for variation;

3)

the width of the lot or lots for which the variation is sought is not less than 75 percent of the required width;

4)

the area of the lots for which a variation is sought is not less than 115% of the required lot area;

5)

the creation of new lots does not increase the degree of nonconformity as to width that exists in the existing nonconforming lot or lots at the time of application; and

6)

the number of lots for which the variation is sought does not exceed either the number of nonconforming lots to be subdivided for the proposed subdivision or 30% of the total number of lots created by the proposed subdivision, whichever is less.

Any variation granted pursuant to this Subparagraph shall run only to the applicant, as a personal privilege.

k)

To increase, by not more than five feet or not more than one story or both, the maximum allowable height of a principal residential structure in the R-2 Single Family Residential District (provided that in no event shall the maximum allowable height with such a variation exceed 35 feet or three stories, whichever is less) where such structure meets all of the following conditions: (i) it is to be located in whole or in part in the flood plain, (ii) it is a replacement for a residential structure that was destroyed or damaged, by any means not within the control of the owner thereof, to the extent of fifty percent or more of the market value of the structure, (iii) it is a replacement for a residential structure that had a basement prior to such damage or destruction, and (iv) a basement cannot be constructed in the replacement structure because the lowest floor of such structure is required by this Code or other applicable law to be constructed at or above the base flood elevation.

l)

To reduce the bulk, yard, setback, and space requirements when a zoning lot, whether vacant or legally used, is reduced in size, by reason of the exercise of the right of eminent domain by an authorized governmental body or by reason of a conveyance made under the specific threat of an eminent domain proceeding, so that the remainder of said zoning lot, or any structure or use on said zoning lot, does not conform with one or more of such bulk, yard, setback, or space requirements of the district in which said zoning lot is located. Any variation granted pursuant to this Subparagraph shall run only to the applicant, as a personal privilege.

m)

To permit the use of one or more residential lots for a use otherwise prohibited solely because of the insufficient width of the lot or lots, where:

(1)

The application for a proposed subdivision is submitted concurrently with the application for variation;

(2)

The width of the lot or lots for which the variation is sought is not less than 75 percent of the required width;

(3)

The area of the lots for which a variation is sought is not less than 115 percent of the required lot area; and

(4)

The lot width of the lots created by the proposed subdivision is not less than the lot width of 75 percent of the remaining lots along the same frontage as the proposed new lots.

Any variation granted pursuant to this Subparagraph shall run only to the applicant, as a personal privilege.

n)

To increase the maximum height of an alteration to, or enlargement of, a principal single-family detached residential pre-code structure located in a single-family residential district authorized pursuant to Paragraph 9-104B2 of this Code, but in no event to a height exceeding the otherwise applicable district height limitations.

o)

To permit a reduction of the required lot width for property that is annexed to the Village pursuant to an annexation agreement that is duly authorized by the Corporate Authorities in the manner required by the Illinois Municipal Code.

p)

To increase the maximum height of an alteration to, or enlargement of, a principal single-family detached residential pre-code structure located in a single-family residential district authorized pursuant to Paragraph 9-104C.2 of this Code, but in no event to a height exceeding the otherwise applicable district height limitations.

q)

To reduce the minimum number of off-street parking spaces required to serve a new non-residential use within a structure located within a C-1 District.

2.

Prohibited Variations. Notwithstanding any other provision of this Section, no variation shall be granted that:

a)

Is intended as a temporary measure only; or

b)

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

1.

General Standard. No variation shall be granted pursuant to this Section unless the applicant shall establish that carrying out the strict letter of the provisions of this Code would create a particular hardship or a practical difficulty. Such a showing shall require proof that the variation being sought satisfies each of the standards set forth in this Subsection F.

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

a)

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

b)

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

c)

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

d)

would unduly increase the danger of flood or fire;

e)

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

f)

would endanger the public health and safety.

8.

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

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

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

Whenever any variation authorized pursuant to this Section is made subject to conditions and limitations to be met by the applicant, the applicant shall upon meeting such conditions file an affidavit with the Village Clerk so stating. Such affidavit shall be accompanied by a nonrefundable fee, to be fixed in each case by the Board of Trustees, to recover the Village's actual direct cost of an inspection to verify that such conditions and limitations have been met.

The grant of a variation shall not authorize the establishment or extension of any use nor the development, construction, repair, structural alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits and approval that may be required by the Codes and Ordinances of the Village, including, but not limited to, a Certificate of Zoning Compliance, a Building Permit, a Certificate of Occupancy, Subdivision Approval, and Site Plan Approval.

Subject to an extension of time granted by the Board of Trustees or Board of Trustees pursuant to Subsection 11-101H of this Article, no variation from the provisions of this Code shall be valid for a period longer than 180 days, and no variation from the provisions of this Code that is granted concurrently with a special permit shall be valid for a period longer than one year, unless a building permit is issued and construction has actually begun within that period and is thereafter diligently pursued to completion or unless a Certificate of Occupancy is issued and a use is commenced within that period. Variations granted pursuant to Subparagraph 11-503 E(1)(j) of this Article shall be valid for a period that is coterminous with the period that the tentative subdivision plat is valid under the Davis Junction Subdivision and Development Ordinance, and shall be deemed final variations that run with the land only after recordation of a duly approved final subdivision plat.

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

This Code and the Zoning Map may be amended from time to time by ordinance duly enacted by the Board of Trustees in accordance with the procedures set out in this Section.

The amendment process established by this Section is intended to provide a means for making changes in the text of this Code and in the Zoning Map that have more or less general significance or application. It is not intended to relieve particular hardships nor to confer special privileges or rights. Rather, it is intended as a tool to adjust the provisions of this Code and Zoning Map in light of changing, newly discovered, or newly important conditions, situations, or knowledge.

An application for an amendment may be filed by the Board of Trustees, the Planning and Zoning Commission, the Zoning Board of Appeals, the owner of, or any person having a contractual interest in, any property to be affected by a proposed amendment to the Zoning Map, or any person interested in a proposed amendment to the text of this Code.

1.

Formal Application. An application for an amendment to this Code or the Zoning Map shall be filed in accordance with the requirements of Paragraphs 11-301 A3 and 11-301 E6 of this Article for a Code amendment and 11-301E8 of this Article for a map amendment.

2.

Public Hearing. A public hearing shall be set, noticed, and conducted by the Planning and Zoning Commission in accordance with Section 11-303 of the Article.

3.

Action by Planning and Zoning Commission. Within 35 days following the conclusion of the public hearing, the Planning and Zoning Commission shall transmit to the Board of Trustees its recommendation in the form specified by Subsection 11-102C of this Article.

The failure of the Commission to act within 35 days following the conclusion of such hearing, or such further time to which the applicant may agree, shall be deemed a recommendation for the approval of the proposed amendment as submitted.

4.

Action by Board of Trustees; Protest. Within 35 days following the receipt of the recommendation of the Planning and Zoning Commission, or its failure to act as above provided, the Board of Trustees shall either deny the application or, by ordinance duly adopted, adopt the proposed amendment, with or without modifications; provided, however, that in the event a duly signed and acknowledged protest against a proposed amendment is filed with the Village Clerk before the adoption of such amendment by the owners of 20% or more of the frontage to be affected by the proposed amendment, or by the owners of 20% or more of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% or more of the frontage directly opposite the frontage to be affected, such amendment shall not be passed except by a two-thirds vote of the Board of Trustees.

The failure of the Board of Trustees to act within 35 days or such further time to which the applicant may agree, shall be deemed to be a decision denying the application.

The wisdom of amending the Zoning Map or the text of this Code is a matter committed to the legislative discretion of the Board of Trustees and is not dictated by any set standard. However, in determining whether a proposed amendment should be granted or denied, the Board should be guided by the principle that its power to amend this Code is not an arbitrary one but one that may be exercised only when the public good demands or requires the amendment to be made. In considering whether that principle is satisfied in any particular case, the Board should weigh the factors that Paragraph 11-301 E8 requires the applicant to address.

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

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

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

1.

Application. An application for a special permit shall be filed in accordance with the requirements of Paragraphs 11-301 A3 and 11-301 E7 of this Article.

2.

Public Hearing. A public hearing shall be set, noticed, and conducted by the Planning and Zoning Commission in accordance with Section 11-303 of this Article.

3.

Action by Planning and Zoning Commission. Within 35 days following conclusion of the public hearing, the Planning and Zoning Commission shall transmit to the Board of Trustees its recommendation in a form specified by Subsection 11-102C of this Article, recommending either granting the application for a special permit; granting the application subject to conditions, as specified in Subsection F below; or denying the application.

The failure of the Planning and Zoning Commission to act within 35 days, or such further time to which the applicant may agree, shall be deemed a recommendation for the approval of the proposed special permit.

4.

Action by Board of Trustees; Protest. Within 35 days following the receipt of the recommendation of the Planning and Zoning Commission, or its failure to act as above provided, the Board of Trustees shall either deny the application or, by ordinance duly adopted, shall grant the special permit, with or without modifications or conditions; provided, however, that in the event a duly signed and acknowledged protest against the proposed special permit is filed with the Village Clerk by the owners of 20% or more of the frontage to be affected by the proposed special permit, or by the owners of 20% or more of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% or more of the frontage directly opposite the frontage to be affected, such ordinance shall not be adopted except by a two-thirds vote of the Board of Trustees.

1.

General Standards. No special permit shall be recommended or granted pursuant to this Section unless the applicant shall establish that:

a)

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

b)

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

c)

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

d)

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

e)

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

f)

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

g)

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

2.

Special Standards for Specified Special Permit Uses. Where the district regulations authorizing any special permit use in a particular district impose special standards to be met by such use in such district, a permit for such use in such district shall not be recommended or granted unless the applicant shall establish compliance with such special standards.

3.

Considerations. In determining whether the applicant's evidence establishes that the foregoing standards have been met, the Planning and Zoning Commission shall consider:

a)

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

b)

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

1.

Conditions on Special Permits. In order to prevent or minimize substantial or undue adverse effects upon neighboring and adjacent properties and improvements, or upon public facilities and services, the Planning and Zoning Commission may recommend, and the Board of Trustees may impose, and expressly include in the ordinance granting a special permit, conditions, and limitations upon the premises benefited by a special permit. Such conditions, restrictions, and limitations may include, without limitation, the following:

a)

Limitations and restrictions of the use of the subject property;

b)

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

c)

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

d)

The location of the use within the subject property;

e)

The provision of landscaping and screening, with specificity as to design, quantity, quality, size, and location;

f)

Restrictions on the hours of operation of the use;

g)

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

h)

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

2.

Violation of Conditions. Violation of any of the conditions imposed pursuant to Paragraph 11-602 F1 of this Code shall be a violation of this Code and shall constitute grounds for revocation of the special permit.

3.

Periodic Review. The Planning and Zoning Commission may recommend, and the Board of Trustees may impose, a requirement that the special permit be publicly reviewed periodically pursuant to and in accordance with such procedures as are set forth in the ordinance granting the special permit. In every instance, such procedures shall provide the applicant with advance notice of, and an opportunity to be heard at, such periodic review.

4.

Term of Special Permit. Because of the unique operational nature, and potential unknown adverse impacts, of certain special permit uses, the Planning and Zoning Commission may recommend, and the Board of Trustees may impose, a term limitation on the duration of certain special permit uses. Such term limitation shall (a) be set forth in the ordinance granting the special permit and (b) shall be subject to renewal in accordance with Subsection 11-602 K of this Code.

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

The granting of a special permit shall not authorize the establishment or extension of any use nor the development, construction, repair, structural alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits or approvals that may be required by the Codes and Ordinances of the Village, including, but not limited to, a Certificate of Zoning Compliance, a Building Permit, a Certificate of Occupancy, and subdivision approval.

Subject to an extension of time granted by the Board of Trustees pursuant to Subsection 11-101H of this Article, no special permit shall be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a Certificate of Occupancy is issued and a use commenced within that period. A special permit shall be deemed to authorize only the particular use for which it was issued, and such permit shall automatically expire and cease to be of any force or effect if such use shall, for any reason, be discontinued for a period of six consecutive months or more. Except when otherwise provided in the Ordinance granting a special permit, a special permit shall be deemed to relate to, and be for the benefit of, the current owner or operator of the use or lot in question rather than to the lot itself.

A special permit may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this Section 11-602 for its original approval.

The Board of Trustees may, in accordance with the procedures and standards set out in this Subsection, consider requests for renewal of special permits. An application for the renewal of a special permit must be filed with the Village Clerk by the party to whom a special permit was granted, or a permitted successor thereto or assignee thereof, and must be filed 60 days prior to the date on which the term of the special permit is scheduled to expire. The Board of Trustees may consider such request at a public hearing following notice pursuant to Subparagraph 11-303 B3(c) of this Code. The Board of Trustees may, but shall have no obligation to, seek the recommendation of another board or commission of the Village prior to such consideration. In the event that the party requesting such renewal demonstrates, to the satisfaction of the Board of Trustees, that the standards and circumstances under which the special permit was originally approved have not materially changed, then the Board of Trustees shall, by ordinance duly adopted, renew the special permit for the same period of time for which the special permit was first valid. In the event that the Board of Trustees determines that the standards and circumstances under which the special permit was originally approved have materially changed, the Board of Trustees shall have no obligation to renew the special permit.

The Board of Trustees may, in accordance with the procedures and standards set out in this Section, and by ordinance duly adopted, grant special permits authorizing the development of planned developments, but only in the districts where such developments are listed as an authorized special permit use.

Planned developments are included in this Code as a distinct category of special use. As such, they are authorized for the same general purposes as all other special uses.

In particular, however, the planned development technique is intended to allow the relaxation of otherwise applicable substantive requirements based upon procedural protections providing for detailed review of individual proposals for significant developments. This special regulatory technique is included in this Code in recognition of the fact that traditional regulations, which may be useful in protecting the character of substantially developed and stable areas, may impose inappropriate regulations and rigidities upon the development or redevelopment of parcels or areas that lend themselves to an individual, planned approach.

Through the flexibility of the planned development technique, the Village seeks to achieve the following specific objectives:

1.

Creation of a more desirable environment than would be possible through strict application of other Village land use regulations.

2.

Promotion of a creative approach to the use of land and related physical facilities resulting in better design and development, including aesthetic amenities.

3.

Preservation and enhancement of desirable site characteristics such as natural topography, vegetation, and geologic features, and the prevention of soil erosion.

4.

Combination and coordination of architectural styles, building forms, and building relationships.

5.

Provision for the preservation and beneficial use of open space.

6.

An increase in the amount of open space over that which would result from the application of conventional subdivision and zoning regulations.

7.

Encouragement of land uses that promote the public health, safety, and general welfare.

An application for special permit to permit a planned development may be filed by the owner of, or any person having a contractual interest in, the subject property.

1.

Development Concept Plan.

a)

Purpose. The Development Concept Plan is intended to provide the applicant an opportunity to submit a plan showing the basic scope, character, and nature of the entire proposed planned development without incurring undue cost. The Development Concept Plan is the basis on which the required public hearing is held, thus permitting public consideration of the proposal at the earliest possible stage. In order to permit the Village and the applicant to proceed with some assurance, approval of the Development Concept Plan binds the applicant and the Village with respect to the following basic elements of development:

1)

Categories of uses to be permitted;

2)

General location of residential and nonresidential land uses;

3)

Overall maximum density of residential uses and intensity of nonresidential uses;

4)

General architectural style of the proposed development;

5)

General location and extent of public and private open space, including recreational amenities;

6)

General location of vehicular and pedestrian circulation systems;

7)

Staging of development; and

8)

Nature, scope, and extent of public dedications, improvements, or contributions to be provided by the applicant.

b)

Application. Subsequent to the Board of Trustees' review and consideration of the preliminary application, but in no event more than six months thereafter, a formal application for approval of a Development Concept Plan shall be filed in accordance with the requirements of Paragraphs 11-301 A3 and 11-301 E9 of this Article.

c)

Public Hearing. A public hearing shall be set, noticed, and conducted by the Planning and Zoning Commission in accordance with Section 11-303 of this Article.

d)

Action by Planning and Zoning Commission. Within 35 days following the conclusion of the public hearing, the Planning and Zoning Commission shall transmit to the Board of Trustees its recommendation, in the form specified by Subsection 11-102C of this Article that the Development Concept Plan either be approved, be approved subject to modifications, or not be approved.

The failure of the Planning and Zoning Commission to act within 35 days, or such further time to which the applicant may agree, shall be deemed a recommendation for the approval of the Development Concept Plan as submitted.

e)

Action by Board of Trustees. Within 35 days following the receipt of the recommendation of the Planning and Zoning Commission, or its failure to act as above provided, the Board of Trustees shall either deny the application for approval of the Development Concept Plan; shall remand it back to the Planning and Zoning Commission for further consideration of specified matter; or shall, by resolution duly adopted, approve the Development Concept Plan, with or without modifications and conditions to be accepted by the applicant as a condition of such approval, and refer the matter to the Planning and Zoning Commission for processing of the Final Plan in accordance with Paragraph D4 of this Section.

The failure of the Board of Trustees to act within 35 days, or such further time to which the applicant may agree, shall be deemed to be a decision denying approval of the Development Concept Plan.

f)

Coordination With Subdivision Ordinance. When a subdivision of land subject to the Davis Junction Subdivision and Development Ordinance is proposed in connection with a planned development, review of the tentative plan of the proposed subdivision shall be carried out simultaneously with review of the Development Concept Plan.

2.

Optional Submission of Final Plan. The applicant may, at his option, submit a Final Plan for the proposed planned development pursuant to the requirements of Paragraph D4 below simultaneously with the submission of the Development Concept Plan pursuant to the requirements of Paragraph D1 above. In such case, the applicant shall comply with all provisions of this Code applicable to submission of the Development Concept Plan and to submission of the Final Plan. The Planning and Zoning Commission and the Board of Trustees shall consider such plans simultaneously and shall grant or deny Final Plan approval in accordance with the provisions of Paragraph D3 below.

3.

Final Plan.

a)

Purpose. The Final Plan is intended to particularize, refine, and implement the Development Concept Plan and to serve as a complete, thorough, and permanent public record of the planned development and the manner in which it is to be developed.

b)

Application. Upon approval of the Development Concept Plan, the applicant shall file an application for Final Plan approval in accordance with the requirements of Paragraph 11-301 E10 of this Article. The application shall refine, implement, and be in substantial conformity with the approved Development Concept Plan.

c)

Public Meeting. A public meeting shall be set, noticed, and conducted by the Planning and Zoning Commission in accordance with Section 11-303 of this Article.

d)

Coordination With Subdivision Ordinance. When a subdivision of land subject to the Davis Junction Subdivision and Development Ordinance is proposed in connection with a planned development, review of the final plat of the proposed subdivision shall be carried out simultaneously with review of the Final Plan.

e)

Phasing of Final Plan Approval. An application for Final Plan approval may include the entire area included in the approved Development Concept Plan or one or more phases, stages, or units thereof; provided, however, that the following matters must be addressed and provide in the first phase, stage, or unit submitted for Final Plan approval:

(1)

All public improvements required or proposed for the entire area included in the approved Development Concept Plan.

(2)

All open space required or proposed for the entire area included in the approved Development Concept Plan.

(3)

All land dedications required or proposed for the entire area included in the approved Development Concept Plan.

(4)

The payment of all fees required by this Code.

f)

Action by Planning and Zoning Commission.

(1)

Evaluation. Within 60 days following the filing of an application for approval of a Final Plan, the Planning and Zoning Commission shall with such aid and advice of such Village staff and consultants as may be appropriate, review and act on the plan. Such review shall consider:

(i)

Whether the Final Plan is in substantial conformity with the approved Development Concept Plan;

(ii)

The merit or lack of merit of any departure of the Final Plan from substantial conformity with the approved Development Concept Plan;

(iii)

Whether the Final Plan complies with any and all conditions imposed by the approval of the Development Concept Plan; and

(iv)

Whether the Final Plan complies with the provisions of this Code and all other applicable federal, state, and Village codes, ordinances, and regulations.

(2)

Approval Based on Substantial Conformity. If the Planning and Zoning Commission finds substantial conformity between the Final Plan and the approved Development Concept Plan and further finds the Final Plan to be in all other respects complete and in compliance with any and all conditions imposed by approval of the Development Concept Plan and with the provisions of this Code and all other applicable federal, state, and Village codes, ordinances, and regulations, it shall transmit the plan to the Board of Trustees with its recommendation, in the form specified in Subsection 11-102C of this Article, that the Board approve the Final Plan, with or without modifications and conditions to be accepted by the applicant as a condition of approval.

(3)

Recommendation of Denial. In any case where the Planning and Zoning Commission finds that the Final Plan is not in substantial conformity with the approved Development Concept Plan and does not merit approval, or in any case where it requires modifications of a plan that are not accepted by the applicant, the Planning and Zoning Commission shall transmit the plan to the Board of Trustees together with its recommendation and specific reasons in support of its recommendation, in the form specified in Subsection 11-102C of this Article, that the Final Plan not be approved.

(4)

Failure to Act. The failure of the Planning and Zoning Commission to act within the 60 day period specified in Subparagraph D3(f)(1) of this section, or such further time to which the applicant may agree, shall be deemed to be a recommendation to the Board of Trustees to approve the Final Plan as submitted.

g)

Action by Board of Trustees. Within 60 days following the receipt of the recommendation of the Planning and Zoning Commission, or its failure to act as above provided, the Board of Trustees shall take action in accordance with the following Paragraphs:

(1)

Approval Based on Substantial Conformity. If the Planning and Zoning Commission has recommended approval of a Final Plan pursuant to Subparagraph D3(f)(2) of this Section, the Board of Trustees shall, unless it specifically rejects one or more of the findings of the Planning and Zoning Commission on the basis of expressly stated reasons, approve the Final Plan by a duly adopted ordinance.

(2)

Approval Notwithstanding Planning and Zoning Commission Recommendation of Denial. If the Planning and Zoning Commission has recommended denial of a Final Plan pursuant to Subparagraph D3(f)(3) of this Section, the Board of Trustees may, if it finds that the Final Plan merits approval and otherwise conforms to the requirements of this Code, approve the Final Plan by a duly adopted ordinance.

(3)

Referral Back to Planning and Zoning Commission. In any case other than that specified in Subparagraph D3(g)(1) above, the Board of Trustees may refer the Final Plan back to the Planning and Zoning Commission for further consideration of specified matters.

(4)

Conditions on Final Plan Approval. The approval of any Final Plan may, in addition, be granted, with or without modifications and conditions to be accepted by the applicant as a condition of approval.

(5)

Failure to Act. The failure of the Board of Trustees to act within 60 days, or such further time to which the applicant may agree, shall be deemed to be a decision denying Final Plan approval.

h)

Recording of Final Plan. When a Final Plan is approved, the Village Clerk shall cause the Final Plan, or the portions thereof as are appropriate, to be recorded with the Recorder of Deeds of Ogle County, at the applicant's expense.

i)

Limitation on Final Plan Approval. Construction shall commence in accordance with the approved Final Plan within one year after the approval of such Plan, or within such shorter time as may be established by the approved development schedule. Failure to commence construction within such period shall, unless an extension of time shall have been granted by the Board of Trustees pursuant to Subsection 11-101H of this Article, automatically render void the Final Plan approval and all approvals of the planned development and all permits based on such approvals, and the Board of Trustees shall, without further direction, initiate an appropriate application to revoke the special permit for all portions of the Planned Development that have not yet been completed. If the special permit is revoked by ordinance duly adopted by the Board of Trustees, the Village Clerk shall cause the ordinance, or the portions thereof as are appropriate, to be recorded with the Recorder of Deeds of Ogle County, at the expense of the owner or operator of the uses or lots in question.

j)

Building and Other Permits. Upon Final Plan approval, but not before, appropriate officials of the Village may, upon proper application by the applicant, issue building and other permits to the applicant for the development, construction, and other work in the area encompassed by the approved Final Plan; provided however, that no permit shall be issued unless the appropriate official is first satisfied that the requirements of any codes or ordinances of the Village, in addition to this Code, that are applicable to the permit sought have been satisfied.

Building permits may, however, be withheld at the discretion of the Board of Trustees or appropriate Village official at any time it is determined that the development of the planned development is not proceeding in strict compliance with the approved Final Plan.

1.

Special Permit Standards. No special permit for a planned development shall be recommended or granted pursuant to this Section unless the applicant shall establish that the proposed development will meet each of the standards made applicable to special permit uses pursuant to Subsection 11-602 of this Article.

2.

Additional Standards for All Planned Developments. No special permit for a planned development shall be recommended or granted unless the applicant shall establish that the proposed development will meet each of the following additional standards:

a)

Unified Ownership Required. The entire property proposed for planned development treatment shall be in single ownership or under such unified control as to ensure that the entire property will be developed as a unified whole. All owners of the property shall be included as joint applicants on all applications and all approvals shall bind all owners. The violation of any owner as to any tract shall be deemed a violation as to all owners and all tracts.

b)

Minimum Area. The district regulations of this Code establishing standards for particular types of planned development specify the minimum area required for same planned development. In addition to meeting that specific standard, or where no specific standard is set, the applicant shall have the burden of establishing that the subject property is of sufficient size and shape to be planned and developed as a unified whole capable of meeting the objectives for which planned developments may be established pursuant to this Section.

c)

Covenants and Restrictions to be Enforceable by Village. All covenants, deed restrictions, easements, and similar restrictions to be recorded in connection with the planned development shall provide that they may not be modified, removed, or released without the express consent of the Board of Trustees and that they may be enforced by the Village as well as by future landowners within the proposed development.

d)

Public Open Space and Contributions. Whenever the Official Comprehensive Plan or Official Map indicates that development of a planned development will create a need for land for public purposes of the Village within the proposed planned development, the Board of Trustees may require that such area be designated and to the extent such need is specifically and uniquely attributable to the proposed development, dedicated to the Village for such use. In addition, the Board of Trustees may require evidence that all requirements of Village ordinances pertaining to the dedication of land or the contribution of cash in connection with subdivisions or developments of land have been met as respects the proposed planned development.

e)

Common Open Space.

1)

Amount, Location, and Use. The failure of a planned development to provide common open space shall be considered to be an indication that it has not satisfied the objectives for which such developments may be approved pursuant to this Code. When common open space is provided in a planned development, the amount and location of such open space shall be consistent with its intended function as set forth in the application and planned development plans. No such open space shall be used for the construction of any structure or improvement except such structures and improvements as may be approved in the Final Plan as appropriate to the intended leisure and recreational uses for which such open space is intended.

2)

Preservation. Adequate safeguards, including recorded covenants or dedication of development rights, shall be provided to prevent the subsequent use of common open space for any use, structure, improvement, or development other than that shown on the approved Final Plan. The restrictions must be permanent and not for a given period of years, and must run with the land.

3)

Ownership and Maintenance. The Final Plan shall include such provisions for the ownership and maintenance of such open space and improvements as are reasonably necessary to ensure their continuity, care, conservation, maintenance, and operation in accordance with predetermined standards and to ensure that remedial measures will be available to the Village if such open space or improvements are permitted to deteriorate or are not maintained in a condition consistent with the best interests of the planned development or the Village.

4)

Property Owners' Association. When the requirements of the preceding Subparagraph are to be satisfied by the ownership or maintenance of such open space or improvements by a property owners' association, such association shall meet each of the following standards:

(i)

The by-laws and rules of the association and all declarations, covenants, and restrictions to be recorded must be approved as part of the Final Plan prior to becoming effective. Each such document shall provide that it shall not be amended in any manner that would result in it being in violation of the requirements of this Subparagraph.

(ii)

The association must be established and all covenants and restrictions recorded prior to the sale of any property within the area of the planned development designated to have the exclusive use of the proposed open space or improvements.

(iii)

The association must be responsible for casualty and liability insurance, taxes, and the maintenance of the open space and improvements to be deeded to it.

(iv)

Membership in the association must be mandatory for each property owner, and any successive owner, having a right to the use or enjoyment of such open space or improvements.

(v)

Every property having a right to the use of enjoyment of such open space or improvements must pay its pro rata share of the cost of the association by means of an assessment to be levied by the association that meets the requirements for becoming a lien on the property in accordance with statutes of the State of Illinois.

(vi)

The association must have the right to adjust the assessment to meet changed needs. The membership vote required to authorize such adjustment shall not be fixed at more than 51 percent of the members voting on the issue.

(vii)

The Village must be given the right to enforce the covenants.

(viii)

The Village must be given the right, after ten days' written notice to the association, to perform any maintenance or repair work that the association has neglected to perform, to assess the membership for such work and to have a lien against the property of any member failing to pay such assessment. For this purpose alone, the Village shall have all the rights and powers of the association and its governing body under the agreements and declarations creating the association.

(ix)

The association may not be dissolved without notice to the Zoning Administrator, and consent of the Board of Trustees.

f)

Landscaping and Perimeter Treatment. Any area of a planned development not used for structures or circulation elements shall be landscaped or otherwise improved. The perimeter of the planned development shall be treated so as to ensure compatibility with surrounding uses by means such as provision of compatible uses and structures; setbacks; screening; or natural or manmade buffers. Every planned development shall provide a perimeter landscaped open space along each of its boundaries; each such open space shall have a minimum depth equal to the minimum applicable yard required in the district in which it is located.

g)

Private Streets. Private streets shall be permitted in a planned development provided that:

(1)

said streets shall be treated as public streets and rights-of-way for purposes of all setbacks, yards, and calculations under this Code;

(2)

said streets shall be owned and maintained by a property owners' association meeting the requirements set forth in Subparagraph E2(e)(4) above; and

(3)

a covenant shall be recorded against the subject property acknowledging that the Village shall at no time be under any obligation to provide maintenance for or accept dedication of said streets.

(h)

Utilities. All utility lines shall be installed underground.

3.

Additional Standards for Specific Planned Developments. Where the district regulations authorizing any planned development use in a particular district impose standards to be met by such planned development in such district, a special permit for such development shall not be recommended or granted unless the applicant shall establish compliance with such special standards.

The approval of either a Development Concept Plan or a Final Plan may be conditioned on such matters as the approving body may find necessary to prevent or minimize any possible adverse effects of the proposed planned development; or to ensure its compatibility with surrounding uses and development and its consistency with the general purposes, goals, and objectives of this Code, the Subdivision and Development Ordinance, and the Official Comprehensive Plan. Such conditions shall be expressly set forth in the ordinance or resolution granting the approval in question. Violation of any such condition or limitation shall be a violation of this Code and shall constitute grounds for revocation of all approvals granted for the planned development.

Whenever any planned development approval granted pursuant to this Section is made subject to conditions or limitations to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the Village Clerk so stating. Such affidavit shall be accompanied by a nonrefundable fee, to be fixed in each case by the Board of Trustees, to recover the Village's actual direct cost of an inspection to verify that such conditions and limitations have been met.

Following Final Plan approval, in the event of an express conflict between the provisions of the Final Plan and this Code, the Final Plan shall control. This Code shall control in all other instances.

1.

Inspections by Board of Trustees. Following approval of the Final Plan of a planned development, or any stage thereof, the Board of Trustees shall, at least annually until the completion of development, review all permits issued and construction undertaken and compare actual development with the approved plans for development and with the approved development schedule.

2.

Action by Board of Trustees. If the Board of Trustees find that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the Final Plan, the Board of Trustees shall immediately notify the owner or applicant of such fact and may, if necessary to protect the public health, safety, or welfare or to prevent further violation of this Code and the Final Plan, issue an order stopping any and all work on the planned development until such time as any noncompliance is cured.

3.

Action by Board of Trustees. Within 60 days following notification by the Board of Trustees, the Board of Trustees shall either:

a)

Take such steps as it deems necessary to compel compliance with the Final Plan; or

b)

Require the owner or applicant to seek an adjustment to the Final Plan as provided in Subsection K of this Section.

1.

Minor Adjustments. During the development of a planned development, the Board of Trustees may authorize minor adjustments to the Final Plan when such adjustments appear necessary in light of the technical or engineering considerations first discovered during actual development. Such minor adjustments shall be consistent with the intent and purpose of this Code and the Final Plan as approved, shall be the minimum necessary to overcome the particular difficulty and shall not be approved if they would result in a violation of any standard or requirement of this Code. Such minor adjustments shall be limited to the following:

a)

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

b)

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

c)

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

d)

Altering any final grade by not more than 10% of the originally planned grade; and

e)

Altering the location or type of landscaping elements.

2.

Major Adjustments. Any adjustment to the Final Plan not authorized by Paragraph J1 above shall be considered to a major adjustment and shall be granted only upon application to and approval by, the Board of Trustees. The Board of Trustees may, by ordinance duly adopted, grant approval for a major adjustment without a hearing upon finding that any changes in the Final Plan as approved will be in substantial conformity with said Final Plan. If the Board of Trustees determines that a major adjustment is not in substantial conformity with the Final Plan as approved, then the Board may refer the request to the Planning and Zoning Commission for further hearing, review, and recommendation.

After completion of a planned development, an approved Final Plan may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this Section 11-603 for approval of the planned development.

Except in the cases of uses and developments requiring a special permit pursuant to the provisions in this Code, the Zoning Administrator may, as a matter of original jurisdiction and in accordance with the procedures and standards set out in this Section, grant site plan approval to uses and developments requiring such approval pursuant to Subsection C of this Section. In case of uses and developments requiring a special permit pursuant to Section 11-602 or Section 11-603 of this Code, and in cases of appeal from a denial of approval by the Zoning Administrator, the Board of Trustees may, by ordinance duly adopted, grant site plan approval in accordance with the procedures and standards set out in this Section.

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

1.

Zoning Administrator Review. Site plan review by the Zoning Administrator in accordance with this Section shall be required in connection with the following developments:

a)

Any development or redevelopment, other than for one single family detached dwelling unit, involving a parcel under single ownership or control having an area in excess of 40,000 square feet.

b)

Any development or redevelopment involving the construction of any new structure or structures having a gross floor area in excess of 20,000 square feet, a floor area ratio in excess of 0.25 or a height of more than three stories.

c)

Any development or redevelopment involving an existing structure having a floor area in excess of 20,000 square feet, a floor area ratio in excess of 0.25, or a height in excess of three stories that would alter any such measure by more than 25 percent of such amount.

d)

Any development or redevelopment involving the creation or expansion of a parking lot, garage, or a loading space.

e)

Any nonresidential development on a lot abutting or across a right-of-way from any residential district.

f)

Any development or redevelopment involving a personal wireless services antenna, with or without an antenna support structure, that is not a special permit use.

2.

Board of Trustees Review. Site plan review by the Board of Trustees in accordance with this Section shall be required in connection with development or redevelopment for which this Code requires a special permit, including planned development approval; in all cases involving the North American Industry Classification System No. 2211 (Electrical Substations); and may be sought in any case of a denial of site plan approval by the Zoning Administrator.

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

1.

Site Plan Approvals.

a)

Application. Applications for site plan approval by the Zoning Administrator shall be filed in accordance with the requirements of Section 11-301 of this Article.

b)

Action by Zoning Administrator. Within 30 days following receipt by the Village Clerk of a properly completed application, the Zoning Administrator shall review such application and the attached site plan, in terms of the standards established by Subsection F of this Section, along with appropriate members of Village staff.

The Zoning Administrator shall then either: (1) approve the site plan as submitted; (2) on the basis of written findings in accordance with Subsection F below, approve it subject to specific modification; or (3) on the basis of such written findings, deny approval of the site plan.

Immediately upon concluding his review, the Zoning Administrator shall return one copy of the site plan to the applicant marked to show either approval, approval subject to modification, which modification shall be clearly and permanently marked on such plans, or denial or approval. The Village Clerk shall maintain a similarly marked set of such plans for any further processing that may be required.

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

c)

Effect of Zoning Administrator's Action. The action of the Zoning Administrator in approving a site plan or in approving a site plan subject to modifications that are acceptable to the applicant shall constitute a final administrative action and shall not be subject to further review by, or appeal to, any Village Board or Commission.

The action of the Zoning Administrator in denying an application for site plan approval or in approving a site plan subject to modifications that are not acceptable to the applicant (which action the applicant may treat as a denial) shall not be considered final action by the Village but shall only be authorization for the applicant to seek approval of the site plan from the Board of Trustees by way of the appeal procedure set forth below.

2.

Appeal to the Board of Trustees.

a)

Appeals. Within 45 days following a denial of site plan approval by the Zoning Administrator, the applicant may seek approval of the site plan by filing an application for appeal to the Board of Trustees in accordance with the requirements of Section 11-301 of this Article.

b)

Action by Board of Trustees in Appeal Cases. Upon receipt of a properly completed application for an appeal of a denial of site plan approval, the Village Clerk shall forthwith transmit to the Board of Trustees the application for appeal, the original application for site plan approval, all papers constituting the record upon which the appeal is based, and a copy of the decision denying the application for site plan approval.

c)

Public Meeting. A public meeting shall be set, noticed and conducted by the Board of Trustees in accordance with Section 11-303 of this Article.

d)

Action by Board of Trustees. Within 35 days following the conclusion of the public meeting, the Board of Trustees shall, by ordinance duly adopted, either approve the site plan as submitted, make modifications acceptable to the applicant and approve such modified site plan or approve or disapprove it in the manner hereinafter specified.

The failure of the Board to act within 60 days, or such further time to which the applicant may agree, shall be deemed to be a decision denying site plan approval.

1.

Standards. The Zoning Administrator shall not disapprove a site plan submitted pursuant to this Section except on the basis of specific written findings directed to one or more of the following standards:

a)

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

b)

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

c)

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

d)

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

e)

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

f)

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

g)

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

h)

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

i)

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

j)

The proposed site plan does not provide for required public uses designated on the Official Map.

k)

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

2.

Alternative Approaches. In citing any of the foregoing standards, other than those of Subparagraphs 1(a) and (b), as the basis for disapproving a site plan, the Zoning Administrator may suggest alternative site plan approaches that could be developed to avoid the specified deficiency or may state the reasons why such deficiency cannot be avoided consistent with the applicant's objectives.

Approval of a site plan shall not authorize the establishment or extension of any use nor the development, construction, repair, structural alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits or approvals that may be required by the codes and ordinances of the Village, including, but not limited to, a Certificate of Zoning Compliance, a Building Permit, a Certificate of Occupancy, and Subdivision Approval.

A copy of every approved site plan shall be filed with the Village Clerk and the development of the site shall be in substantial conformity with such approved & filed plan.

Subject to an extension of time granted by the Board of Trustees pursuant to Subsection 11-101H of this Article, no site plan approval shall be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a Certificate of Occupancy is issued and a use commenced within that period.

1.

Site Plans Approved by the Zoning Administrator. During the development of the site, the Zoning Administrator shall have authority to authorize any adjustment to a site plan approved by him, that he could have authorized in the course of his original review, as follows:

a)

Minor Adjustments. During the development of the site, the Zoning Administrator may authorize minor adjustments to a site plan, when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development. Such minor adjustments shall be limited to the following:

(1)

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

(2)

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

(3)

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

(4)

Altering any final grade by not more than 10% of the originally planned grade.

(5)

Altering the location or type of landscaping elements.

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

b)

Major Adjustments. Any adjustment to a site plan originally approved by the Board of Trustees that is not authorized by Subparagraph 1(a) above shall be considered to be a major adjustment and shall be granted only upon application to an approval by the Board of Trustees.

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

Upon finding the existence of any violation of this Code, the Zoning Administrator shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it; specifically, the Zoning Administrator shall order the discontinuance of any illegal use of land or structures; the removal of illegal structures, additions or alterations; and the discontinuance of illegal work being done.

In the enforcement of this Code, the Board of Trustees shall exercise all the powers authorized by the statutes of the State of Illinois and the codes and ordinances of this Village to ensure compliance with, or to prevent or abate any violation of, the provisions of this Code, and in particular, shall, where necessary or appropriate, institute or cause to be instituted by the Village Attorney in the name of the Village of Davis Junction any and all actions, legal or equitable, including appeals, that may be required for the enforcement of this Code.

Where authorized by state statute, the Board of Trustees may order any work necessary to abate any violation of this Code and shall assess the cost of such work to the property owner. Upon the failure of the owner to pay such cost, the Zoning Administrator shall file a lien for such costs, and for all costs of collection, against the property in question.

The violation of any provision of this Code, or of any permit or approval granted pursuant to it, or of any condition imposed pursuant to it shall be grounds for the revocation of any rezoning, permit, variation, or approval granted pursuant to this Code and affecting the property involved in the violation. The Zoning Administrator may recommend and the Board of Trustees may order such revocation; provided, however, where the original rezoning permit, variation, or approval was granted following a public hearing required pursuant to this Code, the revocation shall be preceded by a similar hearing.

In the enforcement of this Code, the Zoning Administrator shall, where necessary and appropriate, order the issuance and enforcement of citations to recover fines and penalties for the violation of this Code as authorized by state law and this Code.