The Plan Commission of the Village of East Dundee is hereby established and its membership shall be as set forth in Chapter 150, Planning and Zoning Commission.

(1981 Code, Art. XII, D) (Ord. passed 12- -1986)

   The Plan Commission shall have the jurisdiction to:

   (A)   To hear and report findings and recommendations to the President and Board of Trustees on all applications for amendments and special use permits in the manner prescribed by standards and other regulations set forth herein;

   (B)   To initiate, direct and review, from time to time, studies of the provisions of this chapter and to make reports of its recommendations to the President and Board of Trustees not less frequently than once each year; and

   (C)   To hear and decide all matters upon which it is required to pass under this chapter.

(1981 Code, Art. XII, D1) (Ord. passed 12- -1986)

   (A)   All meetings of the Plan Commission shall be held at the call of the Chairperson, the Village President or Board of Trustees and at such time as the foregoing may determine. All meetings of the Plan Commission shall be held as the Chairperson shall determine where there are pending matters for an agenda.

   (B)   In all official proceedings, the Chairperson or, in his or her absence, the acting Chairperson of the Plan Commission shall have the power to administer oaths and to compel by subpoena the attendance and testimony or witnesses and the production of books and papers.

   (C)   (1)   The Plan Commission shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating the fact, and shall also keep records of its hearings and other official actions.

      (2)   A copy of every rule or regulations, every appeal, variation and every recommendation, order, requirement, decision or determination of the Plan Commission shall be filed immediately in the office of the Village Clerk and shall be a public record.

   (D)   The Plan Commission shall adopt is own rules and procedures, not in conflict with this chapter or within applicable Illinois Statutes.

   (E)   All hearings shall be open to the public.

(1981 Code, Art. XII, D2) (Ord. passed 12- -1986)

   (A)   Amendments may be proposed by the President and Board of Trustees, the Plan Commission, Zoning Board of Appeals, Village Administrator, any property owner or interested person or organization and shall be referred to as the applicant.

   (B)   (1)   The applicant shall provide a proposal for an amendment with the Village. The proposal shall be accompanied by such plans or data, or both, as specified by the Plan Commission and shall include a statement, in writing, by the applicant and adequate evidence showing that the proposed amendment will conform to the standards set forth herein for amendments.

      (2)   The village at the applicant's expense shall give notices of the public hearing as follows:

         (a)   To the persons to whom the current real estate tax bills are sent, if any, as shown on the record of the local real estate tax assessor of all lots lying within 250 feet of the property line of the lot for which the amendment is sought.

         (b)   All notices shall be in writing and shall give the time, place and purpose of the hearing and shall be mailed not more than 30 days, nor less than 15 days, in advance of the hearing. The notice shall be sent by mail, properly addressed as shown on the Tax Assessor’s rolls and with sufficient postage affixed thereon with return receipt requested. The applicant shall file a sworn affidavit with copies of the notices with the village showing the names and addresses of all notices the applicant has sent. The affidavit shall be conclusive presumption of giving of the notices.

      (3)   The village at the applicant's expense shall cause a notice of time, place and propose of the hearing to be published in a newspaper of general circulation within the village not more than 30 days, nor less than 15 days, in advance of the hearing.

      (4)   The village at the applicant's expense shall post and maintain on forms no smaller than 11 inches by 17 inches on a white background for a period of not less than ten days prior to the hearing the notice thereof as furnished by the Village Clerk. The notice showing the time, place and purpose of the hearing shall be posted on the property for which the amendment is sought as follows:

         (a)   On an unimproved lot: not more than 15 feet from the front lot line and not less than four feet above and not more than six feet above the ground and placed in a manner as to be unobscured from the street.

         (b)   On an improved lot: on the front entrance door of the improvement thereon or placed in a similar manner as for an unimproved lot.

      (5)   Supplemental or additional notices may be distributed, published or posted as the Plan Commission may, by rule, prescribe from time to time.

   (C)   Upon receipt of the application, or proposal, and statement referred to above, the Plan Commission shall hold at least one public hearing on the proposed amendment. However, the Plan Commission may continue from time to time the hearing without further notices being published.

   (D)   Within 45 days after the close of the hearings on a proposed text or zoning amendment, the Planning and Zoning Commission shall make written findings of fact, when required, and shall submit same, together with its recommendations to the President and Board of Trustees. When the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the Planning and Zoning Commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:

      (1)   Existing uses of property within the general area of the property in question;

      (2)   The zoning classification of property within the general area of the property in question;

      (3)   The suitability of the property in question to the uses permitted under the existing zoning classification; and

      (4)   The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification.

         (a)   The Plan Commission shall not recommend the adoption of a proposed amendment until after it finds that the adoption of the amendment is in the public interest and is not solely for the interest of the applicant. The Plan Commission may recommend the adoption of an amendment changing the zoning classification of the property in question to any other zoning classification

         (b)   A concurring vote of a majority of those members present at the meeting with a minimum of three concurring votes shall be required to recommend granting or denying an application for an amendment.

         (c)   Report to the Village Board shall contain number present and names of those voting for or against the motion.

         (a)   The President and Board of Trustees, upon receiving the recommendations of the Plan Commission, may grant or deny any proposed amendment in accordance with applicable Illinois Statutes or may refer it back to the Plan Commission for further consideration.

         (b)   If an application for a proposed amendment is not acted upon finally by the President and Board of Trustees within six months of the date upon which the application is received by the President and Board of Trustees, it shall be deemed to have been denied.

(1981 Code, Art. XII, D3) (Ord. passed 12- -1986; Am. Ord. 14-26, passed 9-15-2014; Am. Ord. 22-11, passed 4-4-2022; Am. Ord. 22-43, passed 8-22-2022)

      (1)   The development and execution of this chapter is based upon the division of the village into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform.

      (2)   It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use of the particular location.

      (3)   The special uses fall into two categories:

         (a)   Uses publicly operated or traditionally affected with a public interest; or

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

      (1)   The applicant shall provide an application for a special use with the village on an application prescribed by the village and in a form acceptable to the Village Board. The application shall be accompanied by such plans or data, or both, as specified by the village, and shall include a statement, in writing, by the applicant and adequate evidence showing that the proposed special use will conform to the standards set forth herein for special uses.

      (2)   The village, at the applicant’s expense, shall give notices of the public hearing as follows:

         (a)   To the persons to whom the current real estate tax bills are sent, if any, as shown on the record of the local real estate tax assessor of all properties lying within 250 feet of the property line of the property for which the special use is sought.

         (b)   All notices shall be in writing and shall give the time, place and purpose of the public hearing and shall be mailed not more than 30 days nor less than 15 days in advance of the hearing. The notice shall be sent by First-Class mail, properly addressed as shown on the tax assessor’s rolls and with sufficient postage affixed thereon. The applicant shall file a sworn affidavit with copies of the notices with the village showing the names and addresses of all notices sent. The affidavit shall be conclusive presumption of giving of the notices.

         (c)   The notice of the time and plane of the public hearing will be published in a newspaper of general circulation in the village at least 15 days and no greater than 30 days prior to the hearing. Such notice shall contain the address or location of the property where the request is sought, as well as a brief description of the nature of the request.

         (d)   The village, at the applicant's expense, shall post and maintain on forms no smaller than 11 inches by 17 inches on a white background for a period of not less than ten days prior to the hearing the notice thereof as furnished by the village. The notice of the public hearing shall be posted on the property for which the special use is sought as follows:

            1.   On an improved and/or unimproved lot: A visible sign not more than 15 feet from the front lot line.

         (e)   Upon receipt in proper form of the application referred to above, the Planning, Zoning, and Historic Commission shall hold at least one public hearing on the proposed special use. However, the Planning, Zoning, and Historic Commission may continue from time-to-time the hearing without further notices being published.

      (3)   Within 45 days after the close of the public hearing, the Planning, Zoning, and Historic Commission shall make written findings of fact, when required, and shall submit same, together with its recommendations to the Village President and Board of Trustees. The recommendation shall be consistent with the purpose and intent of this chapter and shall specify, in a conclusion or statement, any stipulations, restrictions or conditions, including but not limited to the operation of the special use, which the Commission deems necessary to assure compliance with this chapter and the protection of the public health, safety, comfort, morals or welfare. The Planning, Zoning, and Historic Commission shall not recommend that a special use be approved unless it finds that the proposed special use conforms to the standards set forth both in this chapter and, if any, in the district regulations.

      (4)   A concurring vote of a majority of those members present at the meeting with a minimum of three concurring votes shall be required to recommend granting or denying an application for a special use. The report to the Village Board of the proceedings shall contain the number of Commissioners present and names of those voting for or against the motion.

      (5)   The Planning, Zoning, and Historic Commission shall make special use findings of fact based upon the evidence presented to it in each specific case with respect to the following:

         (a)   The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

         (b)   The establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

         (c)   Adequate utilities, access roads, drainage or necessary facilities have been or will be provided.

         (d)   Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

         (e)   The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the President and Board of Trustees pursuant to the recommendations of the Planning, Zoning, and Historic Commission.

   (D)   The Planning, Zoning, and Historic Commission may recommend that there be in part of the area of a planned development and for the duration of the development, specified uses not permitted by the use regulations of the distract in which the development is located, provided that the Plan Commission shall find that:

      (1)   The uses permitted by the exceptions are necessary or desirable and are appropriate with respect to the primary propose of the development;

      (2)   The uses permitted by the exception are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood;

      (3)   Not more than 20% of the ground area or of the gross floor area of the development shall be devoted to the uses permitted by the exception;

      (4)   In an industrial planned development, the additional uses allowed by exception shall conform with the performance standards of the district in which the development is located; and

      (5)   The use exceptions so allowed are reflected by the appropriate zoning district symbols and so recorded on the zoning district map.

   (E)   The Planning, Zoning, and Historic Commission may recommend that there be in a planned development exceptions to the bulk regulations set forth herein the district regulations applicable to the district in which the planned development is located, provided that the Planning, Zoning, and Historic Commission shall find:

      (1)   The exception shall be solely for the purpose of promoting a unified site plan no less beneficial to the residents or occupants of the development as well as the neighboring property than would be obtained by the bulk regulations of this chapter for buildings developed on separate lots;

      (2)   The overall floor area ratio, when applicable, would not exceed by more than 15% the floor area ratio regulation of this chapter for the district in which it is located;

      (3)   In the part of the planned development containing only residential uses, the minimum lot area per dwelling unit may be less than required by district regulations applicable to the district in with the planned development is located, provided there is contained within the planned development permanent open areas having sufficient area to maintain at least the required lot area per dwelling for the district where it is located, when related to the total area within the planned development exclusive of areas in rights-of-way of thoroughfares, streets and alleys; (The open areas shall be perpetuated, by properly recorded covenants extending over the life of the planned development, for use only by the residents of the planned development or dedicated to the village for park, playground or other open public uses.)

      (4)   In part of a planned development devoted to residential uses, the Plan Commission may recommend and the President and Board of Trustees may approve access to a dwelling by a driveway or pedestrian walk easement; off-street parking facilities for the dwelling when located not more than 180 feet from the dwelling sewed; and spacing between buildings of lesser widths or depths than required by district regulations for the district in which the planned development is located provided;

      (5)   The protective covenants are recorded which perpetuate during the period of the special use, access easements and off-street parking spaces for use by the residents of the dwellings served;

      (6)   The spacing between buildings shall be consistent with the application of recognized site planning principles for securing a unified development and due consideration is given to the openness normally afforded by intervening streets and alleys; (Spacing between principal buildings within a part of a planned development where subsequent transfer of ownership is contemplated shall be equivalent to such spacing as would be required between buildings by district regulations for the district in which it is located.)

      (7)   The yards along the periphery of the development shall be not less in width or depth than required for permitted uses in the district regulations applicable to the district in which the planned development is located.

      (1)   Prior to the granting of any special use, the President and Board of Trustees shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in this subchapter. The Building Inspector or village police officer may issue violation notices upon receiving competent evidence that a violation of the conditions of a special use has occurred. In all cases in which special uses are granted, if any of the conditions approved with the special use are alleged to have been violated, the village may revoke the special use or order abatement of the violation. All revocation proceedings will be administered through the village's administrative adjudication procedure in accordance with the provisions of Chapter 36 of this code. The property owner and/or special use permit holder shall be afforded an opportunity to testify, present witnesses, and offer evidence relevant to the issue at the hearing. The administrative hearing officer shall also hear evidence from the village relevant to the issue.

      (2)   The President and Board of Trustees may grant or deny any application for a special use permit after receiving the recommendations of the Planning, Zoning, and Historic Commission, including the stipulations of additional conditions and guarantees, when they are deemed necessary for the protection of the public interest.

      (3)   No application for a special use which has been denied wholly or in part by the President and Board of Trustees shall be resubmitted for a period of six months from the date of the order or denial.

      (4)   In any case, where a special use permit has been granted and a building permit has not been obtained within 18 months after the date of granting thereof, then without further action by the Plan Commission and the President and Board of Trustees, the special use permit approval shall automatically be terminated and cancelled and be null and void. In the event that an occupancy certificate is not issued within five years after the special use permit has been granted, the special use permit shall automatically terminate.

(1981 Code, Art. XII, D4) (Ord. passed 12- -1986; Am. Ord. 24-33, passed 10-7-2024; Am. Ord. 24-34, passed 10-7-2024)