Evergreen Park City Zoning Code
ARTICLE III
ADMINISTRATION
Sec. 25-30. Board of Trustees.
A. Jurisdiction. The Board of Trustees reserves to itself the final power to determine and approve all zoning applications, including zoning amendments, rezonings, map amendments, amendments to the Code, variations, special uses, and planned developments.
B. Public Hearings. The Board of Trustees reserves the right to designate another body, including itself, to hear and conduct any public hearing on a zoning application.
C. Application. The Board of Trustees has the right to make a zoning application with regard to any specific property within the Village and with regard to any zoning amendments, rezonings, map amendments, amendments to the Code, variations, special uses, and planned developments.
D. Requirements. The requirements of this Code shall not apply to any zoning application made by the Village.
E. Ordinance Approval. In the event that the Board of Trustees passes an ordinance approving a zoning application, such passage shall be conclusive evidence that all procedural requirements and findings required by this Code have been met, except with regard to published notice.
Sec. 25-31. Zoning Board of Appeals.
A. Creation; Membership. The Zoning Board of Appeals shall consist of seven members appointed by the Mayor with the advice and consent of the Board of Trustees. The members shall serve for one-year terms and until their successors have been appointed and qualified.
B. Chairman. The Mayor, with the advice and consent of the Board of Trustees, shall name one member of the Zoning Board of Appeals as Chairman, to preside at all meetings and hearings and to fulfill the customary functions of that office. In the absence of the Chairman, a Temporary Chairman elected by the Board of Appeals shall act as Chairman and shall have all the powers of the Chairman.
C. Secretary and Minutes. The Mayor shall name a Secretary to the Zoning Board of Appeals. The Secretary shall provide for the keeping of minutes of the proceedings of the Zoning Board of Appeals, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall maintain permanent records of all Zoning Board of Appeals meetings, hearings, and proceedings and all correspondence of the Zoning Board of Appeals.
D. Quorum and Necessary Vote. No business shall be transacted by the Zoning Board of Appeals without a quorum, consisting of four members, being present. The concurring vote of at least four members of the Zoning Board of Appeals shall be necessary to pass any motion in favor of the applicant. Any lesser vote on any such motion, even if a majority of those voting, shall be considered a final decision denying the application. If less than a quorum is present, the hearing may be adjourned from time to time.
E. Absent Members. No member absent from any portion of a hearing shall be qualified to vote upon the matter heard unless that member shall first certify on the record that he has reviewed the entire record of any such portion of the hearing during which he was absent and has fully informed himself of the essential facts and issues of the matter being heard so as to be able to cast an informed and independent vote.
F. Meetings; Hearings; Procedures. Regular meetings of the Zoning Board of Appeals shall be held at the call of the Chairman or as provided by rule of the Zoning Board of Appeals. Special meetings shall be called at the request of the Chairman or of any two members of the Zoning Board of Appeals or of the Board of Trustees. All testimony at any hearing of the Zoning Board of Appeals shall be given under oath. The Zoning Board of Appeals shall adopt its own rules of procedure for the conduct of its business. Any rule so adopted that relates solely to the conduct of the Zoning Board of Appeal's hearing and that is not mandated by this Code may be waived by the Chairman.
G. Record. The transcript of testimony, if any; the minutes of the Secretary; all applications, requests, exhibits, and papers filed in any proceeding before the Zoning Board of Appeals; and the decision of the Zoning Board of Appeals shall constitute the record. The Zoning 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 reliance on any specific factual matter or report shall be made a matter of record at the public hearing and every party shall be afforded reasonable time to respond to it.
H. Decisions. Every recommendation or decision of the Zoning Board of Appeals shall be set forth in its minutes and may include findings of fact; may refer to all the evidence in the record and to the exhibits, plans, or specifications upon which such recommendation or decision is based; may specify the reason or reasons for such recommendation or decision; may contain a conclusion or statement separate from the findings of fact setting forth the specific relief granted or denying relief or setting forth the recommendation of the Zoning Board of Appeals; and may expressly set forth any limitations or conditions recommended or imposed on any relief granted or recommended or work or uses authorized.
In any case where this Code provides that the failure of the Zoning Board of Appeals to act shall be deemed a recommendation for grant or denial of an application, such failure shall be considered to be a decision of the Zoning Board of Appeals rendered on the day following the expiration of such fixed period, notwithstanding the absence of required findings and conclusions.
I. Conflicts. No member of the Zoning Board of Appeals shall participate in the hearing or disposition of any matter in which that member has a property or pecuniary interest.
J. Appeals. 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.
K. Jurisdiction and Authority. The Zoning Board of Appeals shall have the following jurisdiction and authority:
1. To hear and decide appeals from, and to review orders, decisions, or determinations made by the Building Commissioner and to that end have the power of the Building Commissioner with respect to such order, decision, or determination.
2. To hear, review, and offer its recommendations to the Board of Trustees on applications for variations from the requirements of this Code.
3. To prepare and recommend a comprehensive plan, including an official 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.
4. To review, prepare, and recommend to the Board of Trustees changes in and amendments to the Official Plan, including the official map.
5. To initiate, hear, review, and offer its recommendations to the Board of Trustees on applications for amendments to this Code.
6. To hear, review, and offer its recommendations to the Board of Trustees on applications for special use permits.
7. To hear, review, and offer its recommendations to the Board of Trustees on applications for planned development approval.
8. To hear, review, and offer its recommendations to the Board of Trustees on applications for, or appeals from the Building Commissioner denial of, Site Plan approval made to the Board of Trustees.
Sec. 25-32. Enforcement Officer.
The Building Commissioner shall be charged with and responsible for the enforcement and interpretation of the provisions of this Code.
Sec. 25-33. Site Plan Approval.
A. Authority. Pursuant to the provisions of this Code, the Building Commissioner, as a matter of original jurisdiction and in accordance with the procedures and standards set out in this Section, may grant site plan approval to uses and developments requiring such approval.
B. Purpose. The site plan approval 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.
C. Site Plan Approval Required. Site plan approval by the Building Commissioner in accordance with this Section shall be required in connection with the following development:
1. Any residential or commercial development or redevelopment, other than for one single family detached dwelling unit, or any addition, expansion, or accessory building in conjunction therewith.
2. Any residential or commercial development or redevelopment involving an existing structure, other than one which does not change the outside walls of the structure and other than for one single family detached dwelling unit.
3. Any residential or commercial development or redevelopment involving the creation or expansion of a parking lot or loading zone.
D. Procedure.
1. Preapplication Conference.
(a) Request. In any case where site plan approval is required, the applicant may by letter request a preapplication conference, prior to filing his application, with the Building Commissioner.
(b) Required Information. Such request shall include a brief and general description of the nature, location, and extent of the proposed project and a list of any professional consultants advising the prospective applicant with respect to the proposed project.
(c) Procedure. Upon receipt of such request, the Building Commissioner shall promptly schedule such conference and notify the applicant and appropriate staff members of the time and place of such conference and of the names and attend. The Building Commissioner or his designee shall conduct such conference, and its purpose shall be to broadly acquaint all other parties with the proposals, views, and concerns of all other parties at a time when positions are still flexible and adjustment is still possible.
2. Building Commissioner Approvals.
(a) Action by Building Commissioner. Within 21 days after receipt by the Building Commissioner of a properly completed application, including all information and changes requested, the Building Commissioner shall cause such application and the attached site plan to be reviewed, in terms of the standards established by this Section. He then shall either: (i) approve the site plan as submitted; or (ii) on the basis of written findings in accordance with this Section, approve it subject to specific modifications; or (iii) on the basis of such findings, deny approval of the site plan.
Immediately upon concluding review, the Building Commissioner shall return one copy of the site plan to the applicant marked to show either approval, approval subject to modifications which modifications shall be clearly and permanently marked on such plans, or denial of approval. The Building Commissioner shall maintain a similarly marked set of such plans for any further processing that may be required. The failure of the Building Commissioner to act within such 21 days, or such further time to which the applicant may agree, shall be deemed to be a decision approving the site plan as submitted.
(b) Effect of Building Commissioner's Action. The action of the Building Commissioner 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 or appeal. The action of the Building Commissioner 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 Zoning Board of Appeals by way of the appeal procedure set forth below.
(c) Appeals. Within 45 days after a denial of Site Plan approval by the Building Commissioner, the applicant may seek approval of the site plan by filing an application for appeal to the Zoning Board of Appeals.
3. Zoning Board of Appeals Approvals.
(a) Action by Building Commissioner in Appeal Cases. Upon receipt of a properly completed application for an appeal of a denial of site plan approval by the Building Commissioner, he shall forthwith transmit to the Zoning Board of Appeals the application for appeal, the original application for site plan approval, all papers constituting the record upon which the Building Commissioner's denial was based, and a copy of the Building Commissioner's decision denying the application for Site Plan approval.
(b) Public Hearing. A public hearing and formal notice is not required by the Zoning Board of Appeals although its actions must be taken at a public meeting.
(c) Action by Zoning Board of Appeals. Within 35 days after the conclusion of the public meeting, the Zoning Board of Appeals shall approve the site plan as submitted, or shall make modifications acceptable to the applicant and approve such modified site plan, or shall disapprove it in the manner hereinafter specified. The failure of the Zoning Board of Appeals to act within such 35 days, or such further time to which the applicant may agree, shall be deemed to be a decision denying site plan approval.
E. Standards for Site Plan Disapproval.
1. Standards. Neither the Building Commissioner nor the Zoning Board of Appeals shall 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, after written request, has 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 unreasonably destroys, damages, detrimentally modifies, or interferes with the enjoyment of significant natural, topographical, or physical features of the site.
(f) The proposed site plan is unreasonably injurious or detrimental to the use and enjoyment of surrounding property.
(g) The proposed site plan creates undue traffic congestion or hazard; in the public streets, or the circulation elements of the proposed site plan unreasonably create hazards to safety on or off site or disjointed, inefficient pedestrian or vehicular circulation paths on or off site.
(h) The screening of the site does not provide adequate shielding from or for nearby uses.
(i) The proposed structures or landscaping are unreasonably lacking amenity in relation to, or are incompatible with, nearby structures and uses.
(j) In the case of site plans submitted in connection with an application for a special permit, the proposed site plan makes inadequate provision for the creation or preservation of open space or for its continued maintenance.
(k) The proposed site plan creates unreasonable drainage or erosion problems or fails to fully and satisfactorily integrate the site into the overall existing and planned drainage system serving the Village.
(l) The proposed site plan places unwarranted or unreasonable burdens on specified utility systems serving the site or area or fails to fully and satisfactorily integrate the site's utilities into the overall existing and planned utility systems serving the Village.
(m) 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 1(b), as the basis for disapproving a site plan, the Zoning Board of Appeals shall suggest alternate site plan approaches that could be developed to avoid the specified deficiency or shall state the reasons why such deficiency cannot be avoided consistent with the applicant's objectives.
F. Effect of Site Plan Approval. Approval of a site plan shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, 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.
A copy of every approved site plan shall be filed with the Building Commissioner and the development of the site shall be in substantial conformity with such approved and filed plan.
G. Limitations on Site Plan Approval. Subject to an extension of time granted by the Building Commissioner, 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 Zoning Compliance is issued and a use commenced within that period.
H. Adjustments to Site Plan During Development. During the development of the site, the Building Commissioner may authorize minor adjustments to a site plan originally approved by him or the Zoning Board of Appeals when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development.
Sec. 25-34. Certificate of Zoning Compliance.
A. Authority. The Building Commissioner shall have authority to issue Certificates of Zoning Compliance; provided, however, that no such certificate shall be issued except in accordance with the provisions of this Section and the provisions of the Building Code and Fire Code.
B. Purpose. For the purposes of this Code, the Certificate of Zoning Compliance 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 Evergreen Park Municipal Code as set forth in those provisions. It is intended that the Certificate of Zoning Compliance shall be issued in conjunction with a Certificate of Occupancy pursuant to the Evergreen Park Building Code when such a Certificate of Occupancy is required thereby.
C. Certificate Required. Unless a Certificate of Zoning Compliance 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; and
2. No land vacant as of the effective date of this Code shall be used or occupied for any purpose; and
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 when such change involves construction, remodeling, alteration, or moving, and
4. No home occupation shall be established or maintained.
D. Procedure.
1. Application. Applications for Certificates of Zoning Compliance shall be filed with the Building Commissioner on forms supplied by the Village and shall be accompanied by an application fee of $100.00. 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 10 days after the receipt of a completed application, the Building Commissioner shall cause the subject structure or premises to be inspected and shall take one of 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 Building Commissioner shall issue a Certificate of Zoning Compliance.
(b) If, however, all work is not complete or is in any manner not in full compliance with all applicable requirements, the Building Commissioner 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 Certificate. In addition to the matters required to be contained in a Certificate of Zoning Compliance pursuant to other applicable provisions of the Evergreen Park Municipal Code, 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 of Zoning Compliance issued pursuant to this Section shall be kept on file in the Office of the Building Commissioner.
E. Temporary Certificate of Zoning Compliance. Notwithstanding the provisions of Paragraph D2 of this Section, when construction, reconstruction, or alteration of a structure does not require the vacating of the structure, or when parts of the structure are finished and ready for occupancy before the completion of such construction, reconstruction, remodeling, or 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 Zoning Compliance 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 Zoning Compliance issued pursuant to the Evergreen Park Building Code.
F. Certificate of Zoning Compliance for Existing Uses. The Building Commissioner may issue a Certificate of Zoning Compliance 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 of Zoning Compliance shall be prima facie 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.
G. Certificate of Zoning Compliance for Legal Nonconformities. The Building Commissioner may issue a Certificate of Zoning Compliance certifying the lawful existence and use of any nonconforming use, structure or lot in the same manner, and subject to the same standards and limitations, as authorized by this Section with respect to new structures and uses.
H. Void Certificates. Any Certificate of Zoning Compliance 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.
Sec. 25-35. Administrative Deviations in Residential Districts.
The Building Commissioner, with the consent of the Mayor, shall have the authority to grant an administrative deviation, without any public hearing or without any public notice, as follows:
A. Decrease side yard setback requirements and rear yard setback requirements by not more than 1 foot on each side yard and the rear yard for any accessory structure.
B. Decrease side yard setback requirements by not more than 1 foot on each side yard for the principal structure.
C. Decrease rear yard setback requirements by not more than 5 feet for the principal structure.
D. Decrease front yard setback requirements by not more than 5 feet for the principal structure.
E. Decrease lot width requirements by not more than 2.5 feet provided that any new residence shall be constructed with an attached 2-car garage, except that a detached 2-car garage accessible only from a dedicated alley may be permitted. A residence with a side drive is not permitted.
F. Decrease lot coverage requirements to not more than 45% of the lot area.
G. Payment of $750 administrative processing fee.