Elmwood Park City Zoning Code
SECTION 1411
ADMINISTRATION AND ENFORCEMENT
1411.01 Organization.
1411.02 Office of the Director of Code Administration.
The director of code administration shall enforce this comprehensive amendment and in furtherance of his authority shall:
A.
Determine conformance of applications for zoning certificates with regulations of this comprehensive amendment.
B.
Issue all zoning certificates, following approval as required in this comprehensive amendment, and maintain records thereof.
C.
Issue all certificates of occupancy, and maintain records thereof.
D.
Conduct inspections of structures and uses of land to determine compliance with the terms of this comprehensive amendment-at least once every four years.
E.
Receive, file and forward to the Plan, Zoning and Development Commission all applications for variations.
F.
Receive, file and forward to the Plan, Zoning and Development Commission all applications for amendments, special uses, planned developments, or other matters which under this comprehensive amendment require referral to the Plan, Zoning and Development Commission.
G.
Maintain permanent and current records of the administration and enforcement of this comprehensive amendment, including, but not limited to, applications, processing and decisions for all amendments, special uses and special uses granted by the Board of Trustees, variations and appeals, and designate on the zoning district map each amendment and special use.
H.
Decide or make recommendations on all other matters under this comprehensive amendment upon which the director of code administration is required to act.
I.
Initiate, direct and review, from time to time, a study of the provisions of this comprehensive amendment, and make reports of his recommendations to the Plan, Zoning and Development Commission not less frequently than once a year.
J.
Upon the approval of the Board of Trustees being first obtained, issue permits regulating the erection and use of temporary buildings for special periods of time for purposes such as: community, religious, eleemosynary, education, amusement, recreation and commercial provided, however, that uses thereof are in conformance with all other ordinances and codes of the Village.
K.
Provide and maintain public information facilities relative to all matters pertaining to this comprehensive amendment.
1411.03 Zoning Certificates.
A.
No building permit or license pertaining to the use of structures or land shall be issued by any officer or employee of the Village, unless the application for such permit has been examined by the director of code administration and has affixed to it a certificate of the director of code administration that the proposed structure and uses comply with all of the provisions of this comprehensive amendment, and any certificate issued in conflict with the provisions of this comprehensive amendment shall be null and void.
B.
Starting Construction. It shall be unlawful to start the construction of a new building, structure, or sign, or the enlargement, or any alteration or removal of a building or structure which involves a change in use without having received a zoning certificate. Construction or development authorized by a permit shall be started within a period of six months and shall proceed with reasonable continuity until completion, the permit otherwise becoming invalid.
1411.04 Filing Plans.
All applications for zoning certificates shall be accompanied by a current registered survey of the lot in triplicate, drawn to scale, showing the shape, area and dimensions of the lot to be built upon, the exact size and location on the lot of the existing buildings and accessory buildings, and the lines within which the new structures shall be erected prepared by a registered surveyor, the existing and intended use of each structure, the number of dwelling units or lodging rooms a building is designed to accommodate, location of driveways and location and number of off street parking and off street loading berths, and such other information with regard to the lot and neighboring lots and performance standards as may be necessary to determine and provide for the enforcement of this comprehensive amendment. One copy of such plans shall be returned to the owner when such plans shall have been approved by the director of code administration. The lot and location of the building thereon shall be staked out on the ground before construction is started.
1411.05 Certificate of Occupancy.
A.
No land shall be occupied or used in a manner different than that existing on the date of the passage of this comprehensive amendment, and no structure hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the director of code administration stating that the structure or land improvement complies with all the building and health laws and with the provisions of this comprehensive amendment. No change of use shall be made in any structure or land improvement or part thereof, now or hereafter erected or altered, without an occupancy permit having been issued by the director of code administration, and no permit shall be issued to make such change unless it is in conformity with the provisions of this comprehensive amendment and amendments thereto.
Nothing in this section shall prevent the continuance of the present occupancy or use of any existing structure or land improvement-except as may be necessary for the safety of life and property.
B.
No certificate of occupancy permit for a change of use in an existing structure or land improvement shall be issued until the premises have been inspected and certified by the director of code administration to be in compliance with applicable requirements for the zoning district in which it is located.
C.
Application for a certificate of occupancy shall be made coincident with the application for a zoning certificate and shall be issued within 10 days after the erection or alteration of the structure has been completed. A record of all certificates of occupancy shall be kept on file in the office of the director of code administration, and copies shall be furnished on request to any person having proprietary or tenancy interest in the land or structure affected.
D.
Pending the issuance of a regular certificate of occupancy, a temporary permit may be issued to be valid for a period not to exceed six months from its date, during the completion of any structure or land improvement or during partial occupancy thereof. Application for a temporary permit shall be accompanied with a statement covering the items of work to be completed and the reasons the temporary permit is requested.
1411.06 (Reserved)
[Repealed by Ord. 97-08]
1411.07 Variations.
A.
Authority. The Board of Trustees after receiving, by ordinance, a report from the Plan, Zoning and Development Commission shall decide all applications for variations of the provisions of this comprehensive amendment after a public hearing conducted by the Plan, Zoning and Development Commission. The Board of Trustees shall grant a variation only after they have made a finding of fact specifying the reason or reasons which justify the variation. Such findings shall be based upon the standards prescribed in subsection D of this section.
B.
Initiation. An application for a variation may be made by any governmental office, department, board, bureau or commission or by any person, firm or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase or any exclusive possessory interest applicable to the land and improvements described in the application for a variation.
C.
Application for Variation and Nature of Hearing.
1.
An application for a variation shall be filed with the Village Clerk who shall forward a copy of the same to the Plan, Zoning and Development Commission without delay. The application shall contain such information as the Plan, Zoning and Development Commission may from time to time by rule provide. A legal description of the property must also be furnished at that time. No more than 90 days after the filing of such application, a public hearing shall be held on the application.
2.
An applicant for a variation shall, at the time of filing an application for variation, provide the Village Clerk with a list of the owners, as recorded in the office of the recorder of deeds or the registrar of titles of Cook County and as appears from the authentic tax records of Cook County, of all property within 250 feet in each direction of the location for which the variation is requested; provided, the number of feet occupied by all public roads, streets, alleys, and other public ways shall be excluded in computing the 250 feet requirement.
3.
The applicant shall furnish to the Village Clerk a complete list containing names and last known addresses of the owners of the property as specified hereinabove.
4.
The applicant shall also furnish a written statement certifying that he or she has complied with the requirements of this section. The Plan, Zoning and Development Commission shall hear no application for variation unless the applicant for variation furnishes the list and certificate herein required. The Village Clerk shall, not more than 30 days nor less than 15 days before the hearing at which the application for variation is to be considered, send written notice to the persons appearing on the list furnished by the applicant, which notice shall contain the time and place of the hearing, the address of the location for which the variation is requested and the name and address of the applicant for variation and a brief statement of the nature of the variation requested. In addition, the Village Clerk shall publish notice of such hearing at least once, not more than 30 nor less than 15 days before the hearing, in a newspaper of general circulation within the Village. The published notice may be supplemented by such additional form of notice as the Plan, Zoning and Development Commission may by rule provide.
5.
Variations granted by the Board of Trustees shall be exercised within the period of 12 months after the date of variation ordinance or shall otherwise become invalid.
D.
Standards for Variations.
1.
The Board of Trustees shall not grant a variation to the regulations of this comprehensive amendment as authorized herein unless it shall have made findings of fact based upon the evidence presented to it in each specific case that:
a.
The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the district in which it is located;
b.
The plight of the owner is due to unique circumstances; and
c.
The variation, if granted, will not alter the essential character of the locality.
2.
For the purpose of implementing the above rules, the Board of Trustees shall also, in making its determination whether there are practical difficulties or particular hardships, take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:
a.
The particular physical surroundings, shape or topographical features of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out.
b.
The conditions upon which the petition for variation is based would not be applicable, generally, to other property within the same zoning classification.
c.
The purpose of the variation is not based exclusively upon a desire to make more money out of the property.
d.
The alleged difficulty or hardship has not been created by the owner of the property.
e.
The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.
f.
The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.
3.
The Board of Trustees may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this subsection to reduce or minimize the injurious effect of such variation upon other property in the neighborhood, and better to carry out the general intent of this comprehensive amendment.
4.
Variations from the regulations of this comprehensive amendment shall be granted by the Board of Trustees only in accordance with the standards set out in this subsection and may be granted only in the following instances and in no others:
a.
To permit any lot width, lot area, yard or setback up to 10% less than a lot width, lot area, yard or setback required by the applicable regulations.
b.
To permit an increase of not more than 20% in building height and floor area ratio requirements.
c.
To permit an increase of not more than 25% in the gross surface area of signs.
d.
To permit the same off street parking facility to qualify as required facilities for two or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week.
e.
To reduce the applicable off street parking or loading facilities required by 10% of the applicable regulations.
f.
To permit a change of a nonconforming use to a more compatible nonconforming use.
g.
To increase by not more than 25% the maximum distance that required parking spaces are permitted to be located from the use served.
h.
To permit any other variation of the technical provisions of this comprehensive amendment except for the use, density and usable open space requirements.
1411.08 Appeals.
An appeal to the Plan, Zoning and Development Commission may be made by any person, firm or corporation, or by any office, department, board, or bureau aggrieved by a decision of director of code administration under this comprehensive amendment in accordance with Illinois statutes, and the following:
A.
An application for an appeal shall be filed with the Village Clerk within 20 days of the date of the action from which the appeal is being filed, and thereafter the Village Clerk shall forward such application to the Plan, Zoning and Development Commission for processing.
B.
An appeal stays all the proceedings in furtherance of the action appealed from, unless the director of code administration from whom the appeal is taken certified to the Plan, Zoning and Development Commission, after the notice of appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Plan, Zoning and Development Commission or by a court of record on application, on notice to the director of code administration from whom the appeal is taken and on due causes shown.
C.
The Plan, Zoning and Development Commission shall fix a reasonable time, not to exceed 90 days, for the hearing of the appeal and give due notice thereof to the parties and decide the same within a reasonable time. The Plan, Zoning and Development Commission may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as in its opinion ought to be made on the premises and to that end shall have all the powers of the officer from whom the appeal was taken.
1411.09 Plan, Zoning and Development Commission Jurisdiction.
The Plan, Zoning and Development Commission of the Village, which has been duly established with functions as prescribed by the Illinois Compiled Statutes, is the Plan, Zoning and Development Commission referred to in this comprehensive amendment, and shall have the following duties under this comprehensive amendment:
A.
To receive from the Village Clerk copies of applications for proposed amendments and thereafter may submit its recommendations thereon to the Board of Trustees.
B.
To receive from the director of code administration copies of all applications for proposed special uses and planned developments and to review such applications and submit reports and recommendations thereon to the Board of Trustees.
C.
To review, from time to time, the provisions of this comprehensive amendment and to make reports of its recommendations with respect to proposed amendments to the Board of Trustees.
D.
To act on all other matters which are referred to it, as required by the provisions of this comprehensive amendment.
1411.10 Amendments.
A.
Authority. The regulations imposed and the districts created under the authority of this comprehensive amendment may be amended, from time to time, by ordinance in accordance with applicable Illinois Compiled Statutes. An amendment shall be granted or denied by the Board of Trustees only after a public hearing before the Plan, Zoning and Development Commission and a report of its findings and recommendations has thereafter been submitted to the Board of Trustees.
B.
Initiation. Amendments may be proposed by the Board of Trustees, Plan, Zoning and Development Commission, Village officials, and by any other person, firm, or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase, or any exclusive possessory interest which is specifically enforceable on the land which is described in the application for an amendment.
C.
Processing.
1.
An application for an amendment shall be filed with the Village Clerk, who shall forward a copy of the same to the Plan, Zoning and Development Commission without delay. The application shall contain such information as the Plan, Zoning and Development Commission may from time to time by rule provide. A legal description of the property must also be furnished at that time, if the application is for a map amendment. No more than 90 days after the filing of such application, a public hearing shall be held on the application.
2.
An applicant for a map amendment shall, at the time of filing an application for such amendment, provide the Village Clerk with a list of the owners, as recorded in the office of the recorder of deeds or the registrar of titles of Cook County and as appears from the authentic tax records of Cook County, of all property within 250 feet in each direction of the location for which the map amendment is requested; provided, the number of feet occupied by all public roads, streets, alleys, and other public ways shall be excluded in computing the 250-foot requirement.
3.
The applicant shall furnish to the Village Clerk a complete list containing names and last known addresses of the owners of the property as specified hereinabove. The applicant shall also furnish a written statement certifying that he or she has complied with the requirements of this section.
4.
The Plan, Zoning and Development Commission shall hear no application for a map amendment unless the applicant for such amendment furnishes the list and certificate herein required. The Village Clerk shall, not more than 30 days nor less than 15 days before the hearing at which the application for a map amendment is to be considered, send written notice by certified mail, return receipt requested, to the persons appearing on the list furnished by the applicant, which notice shall contain the time and place of the hearing, the address of the location for which the map amendment is requested, the name and address of the applicant for the map amendment and a brief statement of the nature of the amendment requested. The expense of such mailing shall be an additional charge to be collected from the applicant prior to the hearing.
5.
In addition, for all map or text amendments, the Village Clerk shall publish notice of such hearing at least once, not more than 30 nor less than 15 days before the hearing, in a newspaper of general circulation within the Village. The published notice may be supplemented by such additional form of notice as the Plan, Zoning and Development Commission may by rule provide.
D.
Decisions.
1.
The Board of Trustees, upon report of the Plan, Zoning and Development Commission and without further public hearing, may grant or deny any proposed amendment in accordance with applicable Illinois Compiled Statutes, or may refer it back to the Plan, Zoning and Development Commission for further consideration.
2.
In case a written protest against any proposed amendment signed and acknowledged by owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining, or by owners of 20% on the frontage directly opposite the frontage to be altered, is filed with the Village Clerk, the amendment cannot be passed except on the favorable vote of 2/3 of all members of the Board of Trustees.
1411.11 Special Uses.
A.
Purpose. The formulation and enactment of a comprehensive zoning ordinance is based on the division of the entire Village into districts in each of which are permitted specified uses that are mutually compatible. In addition to such permitted compatible uses, however, it is recognized that there are other uses which it may be necessary or desirable to allow in a given district but which may have a unique, special or unusual impact on the use and enjoyment of neighboring property and upon public facilities and therefore need to be carefully regulated with respect to location or operation for the protection of the community. Such uses are classified in this comprehensive amendment as special uses and fall into two categories:
1.
Uses either municipally operated or operated by publicly regulates utilities, or uses traditionally affected by public interest.
2.
Uses entirely private in character which, on account of their peculiar locational need, the nature of the service they offer to the public and their possible damaging influence on the neighborhood, may have to be established in a district or districts in which they cannot reasonably be allowed as an unrestricted permitted use under the regulations of this comprehensive amendment.
B.
Initiation. Special uses may be proposed by any person, firm or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase or any exclusive possessory interest which is specially enforceable of the land which is described in the application for a special use.
C.
Procedures — Application for Special Use and Nature of Hearing.
1.
An application for a special use shall be filed with the Village Clerk who shall forward a copy of the same to the Plan, Zoning and Development Commission without delay. The application shall contain such information as the Plan, Zoning and Development Commission may from time to time by rule provide. A legal description of the property must also be furnished at that time. No more than 90 days after the filing of such application, a public hearing shall be held on the application.
2.
An applicant for a special use shall, at the time of filing an application for a special use, provide the Village Clerk with a list of the owners, as recorded in the office of the recorder of deeds or the registrar of titles of Cook County and as appears from the authentic tax records of Cook County, of all property within 250 feet in each direction of the location for which the special use is requested; provided, the number of feet occupied by all public roads, streets, alleys, and other public ways shall be excluded in computing the 250-foot requirement.
3.
The applicant shall furnish to the Village Clerk a complete list containing names and last known addresses of the owners of the property as specified hereinabove.
4.
The applicant shall also furnish a written statement certifying that he or she has complied with the requirements of this section. The Plan, Zoning and Development Commission shall hear no application for special use unless the applicant for special use furnishes the list and certificate herein required. The Village Clerk shall, not more than 30 days nor less than 15 days before the hearing at which the application for special use is to be considered, send written notice to the persons appearing on the list furnished by the applicant, which notice shall contain the time and place of the hearing, the address of the location for which the special use is requested, the name and address of the applicant for special use and a brief statement of the nature of the special use requested. In addition, the Village Clerk shall publish notice of such hearing at least once, not more than 30 nor less than 15 days before the hearing, in a newspaper of general circulation within the Village. The published notice may be supplemented by such additional form of notice as the Plan, Zoning and Development Commission may by rule provide.
D.
Decisions.
1.
The Village board, upon report of the Plan, Zoning and Development Commission and without further public hearing, may grant or deny any proposed special use in accordance with applicable Illinois statutes or may refer it back to the Plan, Zoning and Development Commission for further consideration. No special use shall be granted unless the special use:
a.
Where applicable, is necessary for the public convenience at that location;
b.
Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected;
c.
Will not cause substantial injury to the value of other property in the neighborhood in which it is to be located. Such special use shall conform to the applicable regulations of the district in which it is to be located.
2.
In case a written protest against any proposed special use signed and acknowledged by owners of at least 20% of the frontage proposed to be altered, or by the owners of at least 20% of the frontage immediately adjoining or across the alley therefrom, or by owners of at least 20% of the frontage directly opposite the frontage to be altered, is filed with the Village Clerk, the special use cannot be passed except on the favorable vote of 2/3 of all members of the Village board.
1411.12 Planned Developments.
A.
Special Use. The Board of Trustees may, in accordance with the procedures and standards set out in this section, and by ordinance duly adopted, grant special use permits authorizing the development of planned developments, but only in the districts where such developments are listed as an authorized special use.
B.
Purpose. 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.
C.
Parties Entitled to Seek Planned Development Approval. An application for special use permit to permit a planned development may be filed by the owner of, or any person having a contractual interest in, the subject property.
D.
Procedure.
1.
Applications for Development Concept Plan Approval. Every application filed pursuant to Paragraph 1411.12 of this Code shall provide the following information:
a.
A development name unique to the Elmwood Park 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 drawings of the proposed 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 location 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 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.
j.
Schematic, architectural elevations indicating the general style of architecture and typical building materials.
k.
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.
l.
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 state.
m.
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.
n.
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.
o.
A preliminary plat of subdivision, if required pursuant to the Elmwood Park Subdivision Ordinance.
2.
Applications for Development Final Plan Approval. Every application filed pursuant to Paragraph 1411.12 of this Article shall, in addition to the data and information required pursuant to Paragraph 1, provide the following information:
a.
The date on which Development Concept Plan approvals were granted.
b.
A statement and plan of the proposed treatment of the perimeter of the proposed planned development, including materials and techniques to be used.
c.
When the proposed planned development, or state 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.
d.
Copies of any restrictive covenants to be recorded with respect to property included in the Final Plan.
e.
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 statement, plan or data.
f.
A final plat of subdivision if required pursuant to the Elmwood Park subdivision ordinance.
g.
All engineering data and drawings required in connection with an application for final subdivision approval under the Elmwood Park subdivision ordinance (three sets only).
h.
All certificates, seals and signatures required for the dedication of land and recordation of documents.
i.
Hard line elevations and floor plans.
j.
Proof from appropriate governmental agencies that all taxes on the subject property have been paid and that all special assessments, taxes, or other levies against the subject property or any part thereof have been paid in full.
3.
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. Every properly filed and completed application for approval of a development concept plan shall be referred by the director of code administration to the Plan, Zoning and Development Commission.
c.
Public Hearing. A public hearing shall be set, noticed and conducted by the Plan, Zoning and Development Commission in accordance with subsection 1411.11C of this ordinance.
d.
Action by Plan, Zoning and Development Commission. Within 21 days following the conclusion of the public hearing, the Plan, Zoning and Development Commission shall transmit to the Board of Trustees its recommendation in writing that the development concept plan either be approved, be approved subject to modifications, or not be approved.
The failure of the Plan, Zoning and Development Commission to act within 21 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 60 days following the receipt of the recommendation of the Plan, Zoning and Development 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 Plan, Zoning and Development Commission for further consideration of specified matters; or shall by ordinance 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 Plan, Zoning and Development Commission for processing of the final plan in accordance with subsection D5 of this section.
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 approval of the development concept plan.
f.
Coordination with Subdivision Ordinance. When a subdivision of land subject to the Elmwood Park subdivision ordinance is proposed in connection with a planned development, review of the tentative plat of the proposed subdivision shall be carried out simultaneously with review of the development concept plan.
4.
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 subsection D5 of this section simultaneously with the submission of the development concept plan pursuant to the requirements of subsection D1 of this section. 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 development concept plan and to submission of the final plan. The Plan, Zoning and Development Commission and the Village board shall consider such plans simultaneously and shall grant or deny final plan approval in accordance with the provisions of subsection D5 of this section.
5.
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 subsection D2 of this section. The application shall refine, implement and be in substantial conformity with the approved development concept plan.
c.
Public Hearing. A public hearing shall be set, noticed and conducted by the Plan, Zoning and Development Commission in accordance with subsection 1411.11C of this appendix.
d.
Coordination with Subdivision Ordinance. When a subdivision of land subject to the Elmwood Park subdivision 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 provided 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 Plan, Zoning and Development Commission:
(1)
Evaluation. Within 60 days following the filing of an application for approval of a final plan, the Plan, Zoning and Development 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:
(a)
Whether the final plan is in substantial conformity with the approved development concept plan;
(b)
The merit or lack of merit of any departure of the final plan from substantial conformity with the approved development concept plan;
(c)
Whether the final plan complies with any and all conditions imposed by approval of the development concept plan; and
(d)
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 Plan, Zoning and Development 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, 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 Plan, Zoning and Development 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 Plan, Zoning and Development Commission shall transmit the plan to the Board of Trustees together with its recommendation and specific reasons in support of its recommendation, that the final plan not be approved.
(4)
Failure to Act. The failure of the Plan, Zoning and Development Commission to act within the sixty-day period specified in subsection D5f(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 Plan, Zoning and Development 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 Plan, Zoning and Development Commission has recommended approval of a final plan, the Board of Trustees shall, unless it specifically rejects one or more of the findings of the Plan, Zoning and Development Commission on the basis of expressly stated reasons, approve the final plan by a duly adopted ordinance.
(2)
Approval Notwithstanding Plan, Zoning and Development Commission Recommendation of Denial. If the Plan, Zoning and Development Commission has recommended denial of a final plan, 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 Plan, Zoning and Development Commission. The Board of Trustees may refer the final plan back to the Plan, Zoning and Development 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 application 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 director of code administration shall cause the final plan, or the portions thereof as are appropriate, to be recorded with the recorder of deeds of Cook County.
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 Director of Code Administration, automatically render void the Final Plan approval and all approvals of the planned development and all permits based on such approvals, and the Director of Code Administration shall, without further direction, initiate an appropriate application to revoke the special use permit for all portions of the Planned Development that have not yet been completed.
j.
Building and Other Permits. Appropriate officials of the Village may, upon, but not before, receiving notice from the Director of Code Administration that the documents required for Final Plan approval have been approved, and 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 Village Administrator or the Board of Trustees at any time it is determined that the development of the planned development is not proceeding in strict compliance with the approved Final Plan.
E.
Standards for Planned Developments.
1.
Special Use Permit Standards. No special use 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 use permit uses pursuant to Section 1411.12 of this Article.
2.
Additional Standards for All Planned Developments. No special use 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. No minimum area is set, but 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 is 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:
(a)
The by-laws and rules of the association and all declarations, covenants and restrictions to be recorded must be approved as part of the Detailed 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.
(b)
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.
(c)
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.
(d)
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.
(e)
Every property have a right to the use or 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.
(f)
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% of the members voting on the issue.
(g)
The Village must be given the right to enforce the covenants.
(h)
The Village must be given the right, after 10 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.
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 man-made 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 E2e(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 use permit for such development shall not be recommended or granted unless the applicant shall establish compliance with such special standards.
F.
Conditions on Planned Development Approvals. 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 Development Ordinance and the Official Comprehensive Plan. Such conditions shall be expressly set forth in the ordinance 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.
G.
Affidavit of Compliance with Conditions; Fee. 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 Director of Code Administration so stating. Such affidavit shall be accompanied by a nonrefundable fee, to be fixed in each case by the Director of Code Administration, to recover the Village's actual direct cost of an inspection to verify that such conditions and limitations have been met.
H.
Regulation During and Following Completion of Development. 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.
I.
Inspection During Development.
1.
Inspection by Director of Code Administration. Following approval of the Final Plan of a planned development, or any stage thereof, the Director of Code Administration 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 Director of Code Administration. If the director of code administration finds 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 director of code administration shall immediately notify the Board of Trustees 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 director of code administration, the Board of Trustees shall take such steps as it deems necessary to compel compliance with the final plan.
J.
Adjustments to Final Plan During Development.
1.
Minor Adjustments. During the development of a planned development, the director of code administration may authorize minor adjustments to the final 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:
a.
Altering the location of any one structure or group of structures by not more than five feet or 1/4 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 1/4 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.
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. |
2.
Major Adjustments. Any adjustment to the final plan not authorized by subsection J1 of this section shall be considered to be 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 Plan, Zoning and Development Commission for further hearing, review and recommendation.
K.
Amendment to Final Plan Following Completion of Development. 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 for approval of the Planned Development.
1411.13 Fees.
A fee of $200 accompanying an application for an amendment, and a fee of $175 accompanying an application for a special use, an appeal or a variation shall be filed with the Village Clerk by or on behalf of the owner or owners of the property affected.
1411.14 Violation, Penalty, Enforcement.
A.
Any person, firm, or corporation who violates, disobeys, omits, neglects, refuses to comply with, or who resists enforcement of any of the provisions of this Ordinance shall upon conviction be fined not less than $50 nor more than $200 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
B.
The Director of Code Administration is hereby designated and authorized to enforce this Ordinance. However, it shall also be the duty of all officers, citizens, and employees of the Village, particularly of all members of the police and fire departments, to assist the Director of Code Administration by reporting to him any new construction, reconstruction, improved land uses, or upon any seeming violation.