A.

General Powers. The Zoning Administrator is charged with the administration and enforcement of this code. In addition to the jurisdiction, authority, and duties conferred on the Zoning Administrator by other provisions of State statutes and Village codes and ordinances, the Zoning Administrator has all powers necessary for the administration and enforcement and has, in particular, the jurisdiction, authority, and duties set out in this Code. The Zoning Administrator shall be designated by the Village Administrator. In the event a Zoning Administrator is not designated by the Village Administrator, or in the event of a vacancy in this office, the Village Administrator shall act as Zoning Administrator. Whenever the phrase "Zoning Administrator" is used in this code, it will be deemed to include Zoning Administrator or his or her designee.

B.

Rules; Regulations; Application Forms. Consistent with the express standards, purposes, and intent of this code, the Zoning Administrator is authorized to promulgate, adopt, and issue procedural rules, regulations, and forms that are in the Zoning Administrator's opinion necessary to the effective administration and enforcement of the provisions of this code.

C.

Assistance to the Zoning Board of Appeals and Plan Commission. Within budgets available for that purpose, the Zoning Administrator will make consulting assistance available to the Zoning Board of Appeals, and the Plan Commission. The Zoning Administrator will provide clerical and technical assistance as may be required by each body in the exercise of its duties.

D.

Records. The Zoning Administrator will maintain:

1.

Permanent and current records pertaining to this code, including all maps, amendments, special permits, and planned unit development approvals and denials, interpretations, and decisions rendered by the Zoning Board of Appeals, the Plan Commission, the Village Attorney, and the Zoning Administrator, together with relevant background files and materials.

2.

A current file of all notices of violations, discontinuances, terminations, or removals, issued by or entrusted to the Zoning Administrator's office for such time as necessary to ensure continuous compliance with the provisions of this code.

E.

Zoning Text; Zoning Map. The Zoning Administrator will prepare and have available for public sale:

1.

The compiled text of this code in book or pamphlet form; and

2.

The official zoning map, showing the zoning districts, divisions, and classifications.

The Zoning Administrator will maintain and have available for reproduction at least one up-to-date copy of both the zoning code text and the zoning map, showing all amendments through the most recent meeting of the Board of Trustees for which official minutes have been approved.

F.

Applications: Receipt, Processing, Referral to Interested Parties and Agencies. The Zoning Administrator will receive all applications required to be filed pursuant to this code. Upon receipt of any application, the Zoning Administrator will see to its expeditious processing, including its prompt referral to and retrieval from each official, board, or commission of the Village, or other government, with any interest or duty with respect to such application.

G.

Investigation of Applications. Whenever the Plan Commission, the Zoning Board of Appeals, or the Board of Trustees request, by general rule or specific direction, the Zoning Administrator will conduct or cause to be conducted such surveys, investigations, and field studies and will prepare or cause to be prepared such reports, maps, photographs, charts and exhibits as necessary and appropriate to the processing of any application filed pursuant to this code.

H.

Interpretations. Pursuant to the provisions of section 11-15 of this code, the Zoning Administrator will issue a written interpretation of the meaning and applicability of specific provisions of this code. Any interpretation of this code that may be rendered by the Zoning Board of Appeals or the Zoning Administrator will be kept on file with the Zoning Administrator and will be a public record of the Village open to inspection by interested parties at reasonable times and upon reasonable notice.

I.

Extensions of Time. Upon written request, the Zoning Administrator may, for good cause shown and without any notice or hearing grant extensions of any time limit imposed on an owner or applicant by this code or, unless the ordinance or resolution expressly provides otherwise, by any ordinance or resolution of any body acting pursuant to this code. The total period of time granted by an extension or extensions will not exceed the length of the original period.

J.

Inspection and Enforcement. In furtherance of the enforcement of this code, the Zoning Administrator will undertake regular and continuing programs of inspection of work approved and under way and of existing structures and uses as are feasible and proper within the limits of staff and budgeted funds; will undertake such additional inspections as may be necessary to the performance of his or her duties hereunder; will receive from any person complaints alleging with particularity a violation of this code; and when appropriate will cause investigations and inspections as may be warranted by complaints to be made. Upon finding the existence of any violation of this code, the Zoning Administrator will take or direct all actions necessary and appropriate to abate and redress such violation.

K.

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

L.

Site Plan Review. The Zoning Administrator will receive and review all site plans as required by this code.

M.

Administrative Policies for Applications. The Zoning Administrator is authorized and directed to prepare and implement administrative policies pertaining to applications for zoning, subdivision, and other relief as provided by this code, including without limitation the required form, number, scale, data submittals, and filing deadlines.

N.

Other Duties. The Zoning Administrator will perform such other duties as may be assigned by the Village Administrator.

A.

Creation; Membership. The Zoning Board of Appeals is established in accordance with the Zoning Enabling Act of the Illinois Municipal Code. As of May 31, 2012, seven members of the plan commission shall also serve as members of the zoning board of appeals, and the chair of the plan commission shall also serve as the chair of the zoning board of appeals. The resignation, removal, or replacement of any member from the plan commission shall be deemed to be a resignation, removal, or replacement from the zoning board of appeals if that member is serving a concurrent membership.

B.

Meetings; Hearings. Regular meetings of the Zoning Board of Appeals will be held at the call of the chairperson or as established annually by the Board of Appeals. Special meetings may be called at the request of the chairperson or of any two members of the Board of Appeals. All meetings, hearings, and deliberations of the Board of Appeals will be open to the public except when closed pursuant to the provisions of the Illinois Open Meetings Act.

C.

Procedures. The Board of Appeals may adopt its own rules of procedure for the conduct of its business as it deems proper and necessary. These rules must be approved by the Village Board. Any rule adopted that relates solely to the conduct of the Board of Appeal's hearing and that is not mandated by this code or state statute may be waived by the chairperson upon good cause being shown.

D.

Record. The transcript of testimony, if any; the minutes of the Zoning Board of Appeals; all applications, requests, exhibits, and papers filed in any proceeding before the Zoning Board of Appeals; and the decision of the Board of Appeals will constitute the record.

E.

Decisions and Recommendations. Every decision and recommendation of the Zoning Board of Appeals upon an application filed pursuant to this code shall include findings of fact; will refer to all the pertinent evidence in the record and to the exhibits, plans or specifications upon which such decision or recommendation is based; will specify the reason or reasons for such decision or recommendation; shall contain a conclusion or statement separate from the findings of fact setting forth the specific decision or recommendation; and will expressly set forth any limitations or conditions relative to such decision or recommendation.

The Board of Appeals may take final action on any decision pertaining to an application pending before it prior to the preparation of written findings, but in such event it will, before taking such action, first state its findings and conclusions as above required at a meeting open to the public. The Board of Appeals' decision or recommendation will be deemed made as of the date of the taking of the final action.

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

The decisions of the Board of Appeals on appeals from orders, decisions or determinations of the Zoning Administrator will be final administrative determinations subject to review as provided by law. The recommendations of the Board of Appeals on applications for variations and other matters will not be binding on the Board of Trustees but are advisory only.

As to other matters brought before the Zoning Board of Appeals, the Board of Appeals will prepare a report as appropriate to the subject matter.

F.

Conflicts. No member of the Zoning Board of Appeals may participate in the hearing or disposition of any matter in which that member has an interest as such term is defined in state statute. Any conflict of interest prohibited by state statute will disqualify a member.

G.

Jurisdiction and Authority. The Zoning Board of Appeals has the following jurisdiction and authority:

1.

Subject to the provisions of section 11-16 of this code, to hear and decide appeals from, and to review orders, decisions, or determinations made by the Zoning Administrator.

2.

Subject to the provisions and standards of section 11-10 of this code, to hear, review, and offer its recommendations to the Board of Trustees on applications for variations.

3.

To hear and decide all matters referred to it or upon which it is required to pass under this code.

A.

Creation; Membership. The Plan Commission is established as follows:

1.

Establishment and Appointment. The plan commission shall consist of seven members, who have been residents in the village for at least one year, appointed by the village president, subject to confirmation by the board of trustees. One of the seven members shall be designated by the village president, subject to confirmation by the board of trustees, as chairperson of said commission and shall hold office as chairperson for a period of one year from June 1 to May 31. One of the members shall be designated by the village president, subject to confirmation by the board of trustees, as vice chairperson of said commission and shall hold office as vice chairperson for a period of one year from June 1 to May 31.

2.

Concurrent Membership of Plan Commission and Zoning Board of Appeals. As of May 31, 2012, the members of the plan commission shall also serve as members of the zoning board of appeals, and the chair of the plan commission shall also serve as the chair of the zoning board of appeals. The resignation, removal, or replacement of any member from the plan commission shall be deemed to be a resignation, removal, or replacement from the zoning board of appeals if that member is serving a concurrent membership.

3.

Terms of Office. The terms of office of the seven members of the plan commission shall be concurrent with the terms of the zoning board of appeals members.

4.

Resignations; Vacancies. The corporate authorities may accept the resignation of any member of the commission desiring to resign, and upon said acceptance, the office shall be considered vacant. Further, a vacancy shall be deemed to have occurred upon any one of the following:

a.

Death;

b.

Removal from office for cause by the village president, only after a hearing before the corporate authorities, at which hearing, such cause is found by the corporate authorities to be justifiable cause for removal; or

c.

Location of a member's residence outside of the village.

5.

Compensation. The members of the plan commission shall be paid such compensation, if any, as the corporate authorities shall from time to time provide.

6.

Meetings.

a.

Meeting Days: The plan commission shall meet on the second and last Wednesdays of each month to consider matters within its jurisdiction, and at such other times and places as the chairperson or the village board may determine.

b.

Duties of Chair: The chairperson, or in his/her absence the vice chairperson, may administer oaths and compel the attendance of witnesses.

c.

Open Meetings: All meetings of the plan commission shall be open to the public except as permitted by the Illinois open meetings act.

d.

Minutes: The commission shall keep minutes of the proceedings, showing the vote of each member on every question, or if absent or failing to vote, indicating such fact, and also shall keep a record of its proceedings.

e.

Public Records: Every rule, regulation or amendment, or repeal thereof, and every order, requirement, decision or determination of the commission shall be filed in the office of the commission and with the village clerk and shall be a public record.

B.

Meetings; Hearings. Regular meetings of the Plan Commission will be held at the call of the chairperson, as set forth in this section, or as provided by rule of the Plan Commission. Special meetings may be called at the request of the chairperson or of any two members of the Plan Commission. All meetings, hearings, and deliberations of the Plan Commission will be open to the public except when closed pursuant to the provisions of the Illinois Open Meetings Act.

C.

Procedures. The Plan Commission may adopt its own rules of procedure for the conduct of its business as it deems proper and necessary. These rules must be approved by the Village Board. Any rule adopted that relates solely to the conduct of the Plan Commission's meetings or hearings and that is not mandated by this code or state statute may be waived by the chairperson upon good cause being shown.

D.

Record. The transcript of testimony, if any; the minutes of the Plan Commission; all applications, requests, exhibits, and papers filed in any proceeding before the Plan Commission; and the decision of the Plan Commission will constitute the record.

E.

Decisions and Recommendations. Every decision and recommendation of the Plan Commission upon an application filed pursuant to this code will include findings of fact; will refer to all the pertinent evidence in the record and to the exhibits, plans, or specifications upon which such decision or recommendation is based; will specify the reason or reasons for such decision or recommendation; will contain a conclusion or statement separate from the findings of fact setting forth the specific decision or recommendation; and will expressly set forth any limitations or conditions relative to such decision or recommendation.

The Plan Commission may take final action on any recommendation or decision pertaining to an application pending before it prior to the preparation of written findings, but in such event it will, before taking such action, first state its findings and conclusions as above required at a meeting open to the public. The Plan Commission's decision or recommendation will be deemed made as of the date of the taking of final action.

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

As to other matters brought before the Plan Commission, the Plan Commission will prepare such report as appropriate to the subject matter.

F.

Conflicts. No member of the Plan Commission may participate in the hearing or disposition of any matter in which that member has an interest as that term is defined in state statute. Any conflict of interest prohibited by state statute will disqualify a member.

G.

Jurisdiction and Authority. In addition to the jurisdiction conferred on it by the state statutes and other codes and ordinances of the Village, the Plan Commission has the following jurisdiction and authority:

1.

Subject to the provisions of sections 11-7 and 11-8, 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, will be known as the "official comprehensive plan" of the Village of Gilberts, as well as amendments to the plan and official map.

2.

Subject to the provisions of section 11-9 of this code, to initiate, hear, review, and offer its recommendations to the Board of Trustees on applications for amendments to this code or the zoning map.

3.

Subject to the provisions and standards of section 11-11 of this code, to hear, review, and offer its recommendations to the Board of Trustees on applications for special use permits.

4.

Subject to the provisions and standards of section 11-12 of this code, to hear, review, and offer its recommendations to the Board of Trustees on applications for planned unit development approval.

5.

Subject to the provisions and standards of section 11-13 of this code, to hear, review, and offer its recommendations to the Board of Trustees on applications for subdivision approval.

6.

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

A.

Place of Filing. All applications filed pursuant to this code shall be filed with the Zoning Administrator or with such other Village official or body as the Zoning Administrator may designate.

B.

Compliance with Administrative Application Policy. All applications filed pursuant to this code shall comply with the administrative application policy established by the Zoning Administrator pursuant to section 11-1 of this code, including the required form, number, scale, data submittals, and filing deadlines contained in such policy.

C.

Fees.

1.

Application Fee. Every application filed pursuant to this code shall be accompanied by a non-refundable filing fee in the amount set forth in chapter 4 of title 2 of the code.

2.

Reimbursement of Village Costs. Where the nature of the application requires the Village to publish or mail legal notices or to employ the services of planners, engineers, attorneys, or other consultants for the purposes of reviewing the application or plans in connection with it or development pursuant to it, the applicant shall be responsible for reimbursing the Village for these recoverable costs and to submit a deposit of an escrow for the Village to draw on to pay the recoverable costs, in accordance with the provisions set forth in chapter 4 of title 2 of this code. These recoverable costs include, without limitation, legal publications; recording secretarial services; court reporter; document preparation and review; professional and technical consultant service; legal review, consultation, and advice; copy reproduction; document recordation; and inspection fees.

3.

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

4.

Condition of Approvals and Permits. No application shall be considered complete unless and until all fees and costs pursuant to this section have been paid. Every approval granted and every permit issued pursuant to this code, whether or not expressly so conditioned, shall be deemed to be conditioned upon payment of fees and costs as required by this section.

5.

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

D.

Special Data Requests. In addition to the data and information required by the administrative application policy, every owner shall submit such other and additional data, information, or documentation as the Zoning Administrator may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.

E.

Waiver of Application Requirements. Notwithstanding any other provision of this section, the Zoning Administrator shall have the authority to waive any requirement set forth in the administrative application policy when, in the Administrator's judgment, such waiver is appropriate in light of the nature and extent of the relief being sought or in light of special circumstances making compliance with those provisions either unnecessary or unduly burdensome.

F.

Concurrent Applications. When a proposed use or development requires more than one approval pursuant to this code, applications for all such approvals may be filed concurrently notwithstanding the fact that approval of one application may be a pre-condition to approval of other applications. Such applications may, in the discretion of the Zoning Administrator, be processed together; provided, however, that no application shall be approved unless all applications that are a pre-condition to its approval have first been approved.

G.

Withdrawal of Application. An owner may withdraw an application at any time prior to a final decision having been rendered by the Village Board, provided that the owner shall have paid all applicable fees pursuant to this code. Such withdrawal shall be without prejudice to the owner's right to refile such application, but any such refiling shall be treated as an entirely new filing and shall be subject to the procedures and fees of this code in the same manner as any other new application.

H.

Abandonment of Applications. Any application filed pursuant to this code may be considered abandoned and withdrawn if, due to the lack of diligence on the part of the applicant, no recommendation has been made on the application by either the Zoning Board of Appeals or the Plan Commission within 6 months after the date of the application

A.

Zoning Administrator to Give Notice. The Zoning Administrator will cause notice to be given of public hearings and public meetings in the form and manner and to the persons herein specified.

B.

Content of Notice. All notices shall include the date, time, and place of the hearing or meeting, a description of the matter to be heard or considered, and the address and parcel identification number (PIN) of the lot.

C.

Persons Entitled to Notice.

1.

All Hearings and Meetings. Notice of every hearing or meeting required by this code will be provided in accordance with the Illinois Open Meetings Act.

2.

Hearings on Zoning Text and Map Amendments, Special Use Permits, Planned Unit Developments, Appeals, and Variations. In addition to notice required by subparagraph C.1 of this section, notice of every hearing in connection with any application for an amendment to this code or the zoning map, a special use permit, planned unit development, appeal, or a variation will be given by publication in a newspaper with a general circulation within the Village at least once no less than 15 days nor more than 30 days in advance of the hearing date.

3.

Hearing on Official Comprehensive Plan. In addition to notice as required by subparagraph C.1 of this section, notice of a hearing in connection with the adoption or amendment of the official comprehensive plan will be given by publication in a newspaper of general circulation in the Village at least 15 days before such hearing.

4.

Personal Notice. In addition to other notices required by this section, an applicant requesting relief that requires a public hearing must mail notice of the hearing no less than ten days in advance of the hearing date to owners of property within 250 feet of the subject property. The content of the personal notice must be approved by the Zoning Administrator. Evidence of satisfaction of this notice requirement must be provided to the Zoning Administrator at or before the hearing on the application.

5.

Posted Notice. If required by the Zoning Administrator, in addition to other notices required by this section, an applicant requesting relief that requires a public hearing must also post notice on the subject property no less than ten days in advance of the hearing date. The content of the sign must be approved by the Zoning Administrator. The sign must be installed by the applicant and suitably maintained until the public hearing has closed. The sign must be removed no more than ten days after the closure of the public hearing.

A.

Setting Hearing or Meeting. When the provisions of this code require a public hearing or public meeting in connection with any application filed pursuant to this code, upon receipt of a properly completed application, the Zoning Administrator will fix a reasonable date, time, and place for the hearing or meeting.

B.

Conduct of Hearings.

1.

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

2.

Rights of Parties and Proximate Owners. Subject to the rules adopted by the hearing body, the owner, any board, commission, or official of the Village, and any owner of lots within 250 feet of the subject lot may be allowed, in addition to the rights granted by paragraph B.1 of this section, any or all of the following rights:

a.

To present witnesses on their behalf.

b.

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

c.

To examine and reproduce any documents produced at the hearing.

d.

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

(1)

The lot to which the request applies; or

(2)

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

e.

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

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

3.

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

4.

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

5.

Right to Submit Written Statements. Any person may at any time prior to the commencement of a hearing hereunder, or during such hearing, or within such time as may be allowed by the hearing body following such hearing, submit written statements in support of or in opposition to the application being heard.

C.

Pre-Hearing and Pre-Meeting Examination and Copying of Application and Other Documents. At any time following the giving of notice as required by this code, and upon reasonable request, any person may examine the application and, subject to the exceptions set forth in the Illinois Freedom of Information Act, all other documents on file with the Zoning Administrator pertaining to the matter subject to such notice. In addition, any person shall be entitled to copies of such application and documents upon reasonable request and payment of a fee as established in the Village's Freedom of Information Act policy.

A.

Authority. The Plan Commission has the authority to prepare and recommend to the Board of Trustees a comprehensive plan of the Village and the unincorporated areas surrounding the Village and from time to time to prepare and recommend amendments thereto, any or all of which the Board of Trustees may adopt as the "official comprehensive plan of the Village of Gilberts," all in accordance with the procedures set forth in this code and subject to the standards set forth in this section.

B.

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

C.

Procedures.

1.

Referral. The Board of Trustees may, at any time, refer a proposed comprehensive plan to the Plan Commission for consideration and recommendation.

2.

Public Hearing. A public hearing will be set, noticed, and conducted by the Plan Commission in accordance with sections 11-5 and 11-6 of this code.

3.

Action by Plan Commission. The Plan Commission will return its recommendation on the proposed comprehensive plan to the Board of Trustees not later than 90 days following the receipt of the referral. In the event a recommendation is not delivered, the Board of Trustees may proceed to consider the plan without a recommendation. When satisfied that a plan or a part thereof is adequate for adoption as an amendment of the official comprehensive plan of the Village or a part thereof, the Plan Commission will transmit such plan or part thereof to the Board of Trustees together with its recommendations for adoption of such plan as well as any reports or statements deemed necessary to a full consideration of such plan or part thereof. The transmittal will be made not later than 15 days following the close of the public hearing concerning such plan.

4.

Action by Board of Trustees. Upon receiving a recommendation of the Plan Commission with respect to the adoption or amendment of any plan or a part thereof, the Board of Trustees may adopt such plan in whole or in part by ordinance duly enacted, with or without amendments; or may refer the plan or any part thereof back to the Plan Commission for further consideration; or may reject the plan. The Board of Trustees will take such action not later than 90 days following the close of the Plan Commission public hearing on such plan. The failure of the Board of Trustees to act within this time period will be deemed to be a rejection of the plan. Upon the adoption of any such plan or part thereof, it will be designated as the "official comprehensive plan of the Village of Gilberts" and, if less than a total comprehensive plan, shall carry a subheading designating its specific contents.

5.

Amendment to Comprehensive Plan. The official comprehensive plan, or any part thereof, may be amended at any time in accordance with the provisions of this section. An amendment may be initiated by the Board of Trustees, the Plan Commission, the Zoning Administrator, or by any owner of lots affected by the provisions of such plan sought to be amended. Amendments initiated by the Board of Trustees, the Plan Commission, or the Zoning Administrator shall require no formal application and will be processed as provided in paragraphs C.1 and C.2 of this section. Amendments initiated by the owner of affected land must be initiated by an application filed pursuant to section 11-4 of this code, except that the time limits specified in paragraphs C.1 and C.2 of this section shall apply.

6.

Plan Filing and Notice of Adoption. The Zoning Administrator will cause a certified copy of the ordinance adopting the comprehensive plan or amendment to be placed on file in the Office of the Village clerk and shall cause a notice evidencing the adoption of such plan, or part thereof, to be filed with the Recorder of Deeds.

A.

Authority. The Plan Commission has the authority to prepare and to recommend to the Board of Trustees an official map of the Village and the unincorporated areas surrounding the Village and from time to time to prepare and recommend amendments thereto, all of which the Board of Trustees may adopt as the "official map of the Village of Gilberts." The official map shall have the effect accorded to it by sections 11-12-8 et seq. of the Illinois Municipal Code, 65 ILCS 5/11-12-8 et seq., and also shall have the effect accorded to the official comprehensive plan.

B.

Purpose. The official map is adopted to implement the official comprehensive plan, to assure the adequacy of the public facilities to which it relates, and to secure for the Village the authority and benefits provided by state law in connection with such an official map.

C.

Procedures. The procedures for the development, adoption, amendment, and filing of the official map shall be the same as those provided in subsection 11-7 of this code with respect to the official comprehensive plan.

A.

Authority. The Board of Trustees has the authority to amend this code and the zoning map in accordance with the procedures set forth in this code and subject to the standards set forth in this section.

B.

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

C.

Parties Entitled to Seek Amendments. An application for an amendment may be filed by the Board of Trustees, the Plan Commission, the owner of, or any person having a contractual interest in, any lot to be affected by a proposed amendment to the zoning map, or any person interested in a proposed amendment to the text of this code.

D.

Procedure.

1.

Application. Applications for amendments shall be filed in accordance with the requirements of section 11-4 of this code; provided, however, that amendments proposed by the Board of Trustees or the Plan Commission are not subject to that section but may be transmitted to the Zoning Administrator in a form appropriate to the initiating body.

2.

Public Hearing. In any case where an application for amendment is referred to the Plan Commission for a hearing, a public hearing will be set, noticed, and conducted by the Plan Commission in accordance with sections 11-5 and 11-6 of this code.

3.

Action by Plan Commission. Within 45 days following the conclusion of the public hearing, the Plan Commission will transmit to the Board of Trustees its recommendation. The failure of the Plan Commission to act within 45 days following the conclusion of such hearing, or such further time to which the owner may agree, will be deemed a recommendation for the approval of the proposed amendment as submitted.

4.

Action by Board of Trustees; Protest. Within 60 days following the receipt of the recommendation of the Plan Commission, or its failure to act as above provided, the Board of Trustees will either deny the application or, by ordinance duly adopted, adopt the proposed amendment, with or without modifications; provided, however, that in the event a duly signed and acknowledged protest against a proposed amendment is filed with the Village clerk before the adoption of such amendment by the owners of 20 percent or more of the frontage to be affected by the proposed amendment, or by the owners of 20 percent or more of the frontage immediately adjoining or across therefrom, or by the owners of 20 percent or more of the frontage directly opposite the frontage to be affected, the amendment shall not be passed except by a two-thirds vote of all the Trustees then holding office.

The failure of the Board of Trustees to act within 60 days, or such further time to which the owner may agree, will be deemed to be a decision denying the application.

E.

Standard for Amendments.

1.

Map Amendment. The following standards will be considered in amending the zoning map:

a.

Identification of the existing uses of property within the general area of the affected property.

b.

Identification of the zoning classification of property within the general area of the affected property.

c.

Determination as to the suitability of the property in question to the uses permitted under the existing classification or district and under the proposed classification or district.

d.

The trend of development, if any, in the general area of the affected property, including changes, if any, which have taken place since the date the affected property was placed in its present zoning classification or district.

e.

The trend or development, if any, as to the proposed uses of property within the general area of the affected property, as represented on the Comprehensive Plan.

f.

The length of time the property has been vacant as zoned, considered in the context of the land development and the area surrounding the subject property.

g.

The extent to which property values are diminished, if at all, by particular zoning restrictions.

2.

Text Amendment. There are no specific findings of fact required for a requested zoning code text amendment, but the Plan Commission will evaluate the request against the intent of this code, the recommendations of the comprehensive plan, and the public health, safety and general welfare. The wisdom of amending the zoning map or the text of this code is a matter committed to the sound legislative discretion of the Board of Trustees.

A.

Authority. The Board of Trustees has the authority to grant variations from the provisions of this code in accordance with the procedures set forth in this code and subject to the standards set forth in this section.

B.

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

C.

Parties Entitled to Seek Variations. Applications for variations may be filed by the owner of, or person having a contractual interest in, the lot.

D.

Procedure.

1.

Application. Applications for variations shall be filed in accordance with the requirements of section 11-4 of this code.

2.

Public Hearing. A public hearing shall be set, noticed, and conducted by the Zoning Board of Appeals in accordance with sections 11-5 and 11-6 of this code.

3.

Action by Zoning Board of Appeals. Within 35 days following the close of the public hearing, the Zoning Board of Appeals shall render its decision recommending the granting or denying of the variation. The failure of the Board of Appeals to act within 35 days, or such further time to which the owner may agree, shall be deemed to be a decision recommending denial of the variation.

4.

Recommendations of Denial. Where the Zoning Board of Appeals has recommended that a variation be denied, it shall not be granted except by the favorable vote of two-thirds of all the Trustees then holding office.

E.

Prohibited Variations. Notwithstanding any other provision of this section, no variation shall be granted that is greater than the minimum variation necessary to relieve the particular hardship or practical difficulty demonstrated by the owner.

F.

Standards for Variations.

1.

General Standard. No variation shall be recommended or granted pursuant to this section unless the owner shall establish that carrying out the strict letter of the provisions of this code would create a particular hardship or a practical difficulty.

2.

Supplemental Standards. In considering proposed variations to this code, the Board of Appeals will consider whether the proposed variation will:

a.

Impair an adequate supply of light and air to adjacent property.

b.

Unreasonable increase the congestion in public streets.

c.

Increase the danger of fire or endanger the public safety.

d.

Unreasonably diminish or impair established property values within the surrounding area.

e.

In any other respects impair the public health, safety, or welfare of the inhabitants of the village.

3.

Findings of Fact. Upon review of the application and information presented at the public hearing, the Board of Appeals shall consider and adopt findings of fact sustaining each of the following criteria which are consistent with the rules provided to govern determinations of the Board of Appeals as referenced by state statute.

a.

The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that district.

b.

The extraordinary or exceptional conditions of the property requiring the request for the variance were not caused by the applicant.

c.

The proposed variance will alleviate a peculiar, exceptional or undue hardship, as distinguished from a mere inconvenience or pecuniary hardship.

d.

The denial of the proposed variance will deprive the applicant the use permitted to be made by the owners of property in the immediate area.

e.

The proposed variance will result in a structure that is appropriate to and compatible with the character and scale of structures in the area in which the variance is being requested.

f.

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

G.

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

H.

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

I.

Effect of Grant of Variation. The grant of a variation 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 and approval that may be required by the codes and ordinances of the Village including, but not limited to, building permits.

J.

Limitations on Variations. Subject to an extension of time granted by the Zoning Administrator pursuant to section 11-1 of this code, no variation from the provisions of this code 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.

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

A.

Authority. The Board of Trustees has the authority to grant special use permits authorizing the development of uses listed as special uses in the regulations applicable to the district in which the lot is located in accordance with the procedures set forth in this code and subject to the standards set forth in this section.

B.

Purpose. In addition to those uses specifically classified and permitted in each district, there are certain additional uses which may be desirable to allow because of the service they provide to the public. However, because of their unusual and unique characteristics and impacts, these "special uses" (sometimes referred to as "conditional uses") require particular consideration as to their proper location in relation to adjacent established or intended uses or with respect to site layout, traffic circulation, etc. The special uses itemized in each zoning district require a special use permit. The ordinance adopted by the Village Board that authorizes a special use shall serve as the special use permit.

C.

Parties Entitled to Seek Special Use Permits. An application for a special use permit may be filed by the owner of, or any person having a contractual interest in, the lot.

D.

Procedure.

1.

Application. Applications for special use permits shall be filed in accordance with the requirements of section 11-4 of this code.

2.

Public Hearing. A public hearing shall be set, noticed, and conducted by the Plan Commission in accordance with sections 11-5 and 11-6 of this code.

3.

Action by Plan Commission. Within 45 days following the conclusion of the public hearing, the Plan Commission shall transmit to the Board of Trustees its recommendation, recommending either granting the application for a special use permit; granting the application subject to conditions; or denying the application. The failure of the Plan Commission to act within 45 days, or such further time to which the owner may agree, shall be deemed a recommendation for the approval of the proposed special use permit.

4.

Action by Board of Trustees. Within 60 days following the receipt of the recommendation of the Plan Commission, or its failure to act as above provided, the Board of Trustees shall either deny the application or, by ordinance duly adopted, shall grant the special use permit, with or without modifications or conditions. The failure of the Board of Trustees to act within 60 days, or such further time to which the owner may agree, shall be deemed to be a decision denying the special use permit. Where the Plan Commission has recommended that a special use permit be denied, it shall not be granted except by the favorable vote of two-thirds of all the Trustees then holding office.

E.

Standards for Special Use Permits.

1.

No special use permit shall be recommended or granted pursuant to this section unless the owner shall establish that:

a.

The proposed special use complies with all provisions of the applicable district regulations.

b.

The proposed special use will not be unreasonably detrimental to the value of other property in the neighborhood in which it is to be located or to the public welfare at large.

c.

The location and size of the special use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the special use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. In determining whether the special use will so dominate the immediate neighborhood, consideration shall be given to:

(1)

The location, nature and height of buildings, structures, walls and fences on the site; and

(2)

The nature and extent of proposed landscaping and screening on the proposed site.

d.

Adequate utility, drainage and other such necessary facilities have been or will be provided.

e.

The proposed special use, where such developments and uses are deemed consistent with good planning practice, can be operated in a manner that is not detrimental to the permitted developments and uses in the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; shall in all other respects conform to the applicable regulations of the district in which it is located; and is deemed essential or desirable to preserve and promote the public health, safety and general welfare of the Village of Gilberts.

2.

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

F.

Conditions on Special Use Permits. The Plan Commission may recommend and the Board of Trustees may impose such conditions and limitations concerning use, construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this code upon the premises benefited by a special use permit as may be necessary or appropriate to prevent or minimize adverse effects upon other lots and improvements in the vicinity of the subject lot or upon public facilities and services. Such conditions shall be expressly set forth in the ordinance granting the special use and may include, but are not limited to, one or more of the following: size, height, and location of proposed buildings and structures; landscaping and screening; parking and loading areas; signage; traffic flow and access requirements; lighting; hours of operation; open-space areas; drainage and storm water facilities; or architectural and engineering features. These conditions shall be in addition to any regulations contained in the underlying zoning district or other applicable regulations of the Village. Violation of any such condition or limitation shall be a violation of this code and shall constitute grounds for revocation of the special use permit.

G.

Permit Effective Date. The permit shall become effective upon adoption of the appropriate ordinance by the Board. In the event that a special use permit is filed in conjunction with a change of zoning, the permit shall not become effective until the date of enactment of the ordinance authorizing the zoning change. In the event that some additional approval is required by some other governmental authority or agency, the permit shall not become effective until that approval is received.

H.

Site Plan Approval. Upon issuance of a special use permit, but prior to the issuance of a building permit, the petitioner shall submit a site plan which conforms to the conditions of the special use permit and the underlying zoning district regulations for review and approval in accordance with the applicable sections of this code and the Village Code.

I.

Time Limit of Special Use Permits. Special use permits shall be valid for an unlimited period unless a lesser period shall be provided in a particular permit. Prior to the expiration of the time limit specified in a particular permit, the property owner may request that the special use permit be reviewed by the Village Board, which may extend it for an unlimited period or for a specified additional period of years.

J.

Failure to Commence Construction or Operation. Unless otherwise stated in the conditions of a particular special use permit, substantial construction or operation of the special use where construction is not required shall commence within two years of the effective date of the permit unless such time period is extended by approval of the Village Board. If no appeal is made or no extension of time is received or granted, the permit shall immediately terminate upon expiration of the two year period.

K.

Revocation of Special Use Permit. Upon a finding that an approved special use permit will or has become unsuitable and/or incompatible in its location as a result of any nuisance or activity generated by the use, the Village Board shall have the authority to fine the applicant(s), property owner(s) or other responsible parties identified by the special use permit to the maximum amount permitted by state statue and/or Village Code, or to revoke the permit after affording the current property owner the right to be heard.

L.

Transferability. All special use permits shall be approved for the specific tract or parcel of land, and may not be transferred to any other location. An approved Special Use Permit is transferable to any subsequent land owner unless otherwise specified at the time of the approval of the special use permit.

M.

Procedure to Amend Approved Special Use Permit. Any expansion, increase in extent of operation, or other changes made to a special use beyond that which was designated on the original special use permit application and/or authorized by ordinance by the Village Board, shall be considered an amendment to the special use permit. In order to amend an existing special use permit, the application procedures, required materials, and approval process shall be the same as for a new permit.

A.

Authority. The Board of Trustees has the authority to grant special use permits authorizing the development of planned unit developments, but only in the districts where such developments are listed as an authorized special use, and in accordance with the procedures set forth in this code and subject to the standards set forth in this section.

B.

Purpose. Planned unit 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 unit 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 bulk, space, and yard regulations that may be useful in protecting the character of substantially developed and stable areas may impose inappropriate pre-regulations and rigidities upon the development or redevelopment of lots or areas that lend themselves to an individual, planned approach. Through the flexibility of the planned unit 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 Unit Development Approval. An application for a special permit to permit a planned unit development may be filed by the owner of, or any person having a contractual interest in, the subject lot.

D.

Procedure.

1.

Preliminary Plat.

a.

Purpose. The preliminary plat is intended to provide the owner an opportunity to submit a detailed plan showing the scope, character, and nature of the proposed planned unit development.

b.

Application. Applications for approval of a preliminary plat shall be filed in accordance with the requirements of section 11-4 of this code.

c.

Public Hearing. A public hearing will be set, noticed, and conducted by the Plan Commission in accordance with sections 11-5 and 11-6 of this code.

d.

Coordination With Subdivision Regulations. When a subdivision of land subject to the Village's subdivision regulations is proposed in connection with a planned unit development, review of the tentative plat of the proposed subdivision will be carried out simultaneously with review of the preliminary plat.

e.

Standards for Planned Unit Developments.

(1)

Special Use Permit Standards. No special use permit for a planned unit development shall be recommended or granted pursuant to this section unless the owner shall establish that the proposed development will meet each of the standards made applicable to special use permits pursuant to section 11-11 of this code.

(2)

Additional Standards for All Planned Unit Developments. No special use permit for a planned unit development will be recommended or granted unless the owner establishes that the proposed development will meet each of the following additional standards:

(A)

The proposed plan is consistent with the stated purpose of the planned unit development regulations.

(B)

The proposed use and development will be in harmony with the general and specific purpose for which this code was enacted and for which the regulations of the district were established and with the general purpose and intent of the comprehensive plan.

(C)

The proposed use and development will not have an undue adverse impact on adjacent property, the character of the area, or the public health, safety, and welfare.

(D)

The proposed use and development will be constructed, arranged, and operated so as not to dominate the immediate area or interfere with the use and development of neighboring property in accordance with applicable district regulations.

(E)

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

(F)

The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets.

(G)

The proposed use and development will not result in the destruction, loss, or damage of natural, scenic, or historic features of significant importance including trees, habitat reserves, rivers, streams, lakes, ponds, hills, ridges, and historic structures.

(H)

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

f.

Action by Plan Commission. Within 60 days following the conclusion of the public hearing on the preliminary plat, the Plan Commission shall transmit to the Board of Trustees its recommendation that the preliminary plat either be approved, be approved subject to modifications, or not be approved, based on the standards set forth in subsection D.1.e. The failure of the Plan Commission to act within 60 days, or such further time to which the owner may agree, shall be deemed a recommendation for the approval of the preliminary plat as submitted.

g.

Action by Board of Trustees. Within 60 days following the receipt of the recommendation of the Plan Commission or its failure to act as above provided, the Board of Trustees shall deny the application for approval of the preliminary plat, or shall refer it back to the Plan Commission for further consideration of specified matters, or, by ordinance duly adopted, shall approve the preliminary plat, with or without modifications and conditions to be accepted by the owner as a condition of such approval, and shall grant a special use permit authorizing the proposed planned unit development and such additional approvals as may be necessary to permit development of the planned unit development as approved; provided, however, that every such ordinance and special use permit shall be expressly conditioned upon approval of the final plat in accordance with paragraph D3 of this section and upon the applicant's compliance with all provisions of this code and the ordinance granting the special use permit.

The failure of the Board of Trustees to act within 60 days, or such further time to which the owner may agree, shall be deemed to be a decision denying approval of the Preliminary Plat.

h.

Effect of Preliminary Plat Approval. Approval of a preliminary plat shall not constitute approval of the final plat. Rather it shall be deemed an expression of approval to the layout submitted on the preliminary plat as a guide to the preparation of the final plat which will be submitted for approval of the Village and subsequent recording upon the fulfillment of the requirements of these regulations and conditions of the preliminary approval, if any.

i.

Limitation on Preliminary Plat Approval. Subject to an extension of time granted by the Zoning Administrator pursuant to subsection 11-1 of this code, unless a final plat covering at least the area designated in the preliminary plat as the first stage or unit of the planned unit development has been filed within two years from the date the Board of Trustees grants preliminary plat approval, or in any case where the owner fails to file the final plat and to proceed with development in accordance with the provisions of this code, the preliminary plat approval shall automatically expire and be rendered void and the Zoning Administrator shall, without further direction, initiate an appropriate action to formally revoke the special permit for all portions of the planned unit development area that have not yet been completed.

j.

Simultaneous Submission of a Final Plat. The owner may, at his or her option, submit a final plat for the proposed planned unit development pursuant to the requirements of paragraph D.2 of this section simultaneously with the submission of the preliminary plat. In such case, the owner shall comply with all provisions of this code applicable to submission of the preliminary plat and to submission of the final plat. The Plan Commission and the Board of Trustees shall consider such plans simultaneously, applying the standards for both preliminary and final plats, and shall grant or deny final plat approval in accordance with the provisions of paragraph D.2 of this section.

2.

Final Plat.

a.

Purpose. The final plat is intended to particularize, refine, and implement the preliminary plat. The final plat may be submitted for the entire planned unit development or in stages as approved in the preliminary plat.

b.

Application. Upon approval of the preliminary plat, and within the time limits established in Subparagraph D.1 of this section, the owner shall file an application for final plat approval in accordance with the requirements of section 11-4 of this code. The application may include the entire area included in the approved preliminary plat or one or more stages or units thereof in accordance with a staging plan approved as part of the preliminary plat. The application shall refine, implement, and be in substantial conformity with the approved preliminary plat.

c.

Public Meeting. A public meeting shall be set, noticed, and conducted by the Plan Commission in accordance with sections 11-5 and 11-6 of this code.

d.

Coordination with Subdivision Regulations. When a subdivision of land subject to the Village's subdivision regulations is proposed in connection with a planned development, review of the final plat of proposed subdivision shall be carried out simultaneously with review of the final plat or contained within the same document.

e.

Action by Plan Commission.

(1)

Evaluation. Within 60 days following the filing of an application for approval of a final plat, the Plan Commission will review and act on the plan.

(2)

Approval Based on Substantial Conformity. If the Plan Commission finds substantial conformity between the Final Plat and the approved preliminary plat and further finds the final plat to be in all other respects complete and in compliance with any and all conditions imposed by approval of the preliminary plat and with the provisions of this code and all other applicable federal, state, and Village codes, ordinances, and regulations, it will transmit the plan to the Board of Trustees with its recommendation, that the Board of Trustees approve the final plat, with or without modifications and conditions to be accepted by the owner as a condition of approval.

(3)

Recommendation of Approval without Substantial Conformity. If the Plan Commission finds that the final plat lacks substantial conformity to the preliminary plat but merits approval notwithstanding such lack of conformity and otherwise conforms to the requirements of this code, it will transmit the plan to the Board of Trustees with its recommendation that the final plat be approved, with or without modifications and conditions to be accepted by the owner as a condition of approval.

(4)

Recommendation of Denial. If the Plan Commission finds that the final plat is not in substantial conformity with the approved preliminary plat and does not merit approval, or if the Plan Commission requires modifications of a final plat that are not accepted by the owner, the Plan Commission will transmit the plan to the Board of Trustees together with its recommendation that the final plat not be approved.

(5)

Failure to Act. The failure of the Plan Commission to act within 60 days, or such further time to which the owner may agree, shall be deemed to be a recommendation to the Board of Trustees to deny the final plat as submitted.

f.

Action by Board of Trustees. Within 60 days following the receipt of the recommendation of the Plan Commission, or its failure to act as above provided, the Board of Trustees will either:

(1)

Approval Based on Substantial Conformity. If the Plan Commission has recommended approval of a final plat based on substantial conformity with the preliminary plat, the Board of Trustees may, unless it specifically rejects one or more of the findings of the Plan Commission on the basis of expressly stated reasons, approve the final plat by a duly adopted ordinance,

(2)

Approval Without Substantial Conformity. If the Plan Commission has recommended approval of a final plat without substantial conformity, the Board of Trustees may, if it finds that the final plat merits approval and otherwise conforms to the requirements of this code, approve the final plat by a duly adopted ordinance.

(3)

Referral Back to Plan Commission. The Board of Trustees may refer the final plat back to the Plan Commission for further consideration of specified matters.

(4)

Denial. The Board of Trustees may deny final plat approval if it finds, whether pursuant to a recommendation of the Plan Commission or not, that the final plat is not in substantial conformity with the approved preliminary plat and does not merit approval or would only merit approval subject to modifications or conditions that are not accepted by the owner.

(5)

Failure to Act. The failure of the Board of Trustees to act within 60 days, or such further time to which the owner may agree, will be deemed to be a decision denying final plat approval.

g.

Recordation of the Final Plat. The ordinance approving the final plat shall be effective only upon recording of the final plat and supporting data with the county recorder of deeds. The recording of the final plat shall inform all who deal with the planned unit development of the restrictions placed upon the land and act as a zoning control device.

h.

Building Permits. No building permits shall issue and no construction may occur until the final plat has been approved and recorded with the county recorder of deeds.

E.

Conditions on Planned Unit Development Approvals. The approval of a planned unit development 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 unit 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 Village's subdivision regulations, and the official comprehensive plan; provided, however, that no such condition of final plat approval shall impair the rights granted by preliminary plat approval. 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 unit development.

F.

Authority to Vary Regulations. The planned unit development may depart from strict conformance with the required density, dimension, area, bulk, use, and other regulations for the standard zoning districts and other provisions of this code to the extent specified in the preliminary land use and zoning plat and documents authorizing the planned unit development so long as the planned unit development will not be detrimental to or endanger the public health, safety, or general welfare.

G.

Time Schedule. The President and Board of Trustees shall consider the planned unit development subject to revocation if construction falls more than two years behind the schedule filed with the final plat. Extensions in the building schedule may be granted by the Plan Commission. With the exception of the installation of the final one inch bituminous concrete roadway surface, all public improvements within each phase of the planned unit development shall be completed within two years of final plat approval for that phase.

H.

Adjustments to Final Plat During Development. The planned unit development project shall be developed only according to the approved and recorded plat and all supporting data. The recorded final plat and supporting data together with all recorded amendments shall be binding on the owners, their successors and assigns and shall limit and control the use of premises and location of structures in the planned unit development project as set forth therein.

1.

Major Changes. Changes which include increases in density, reductions of proposed open space, or other changes which change the concept or intent of the development, may be approved only by submission of a new preliminary plat and supporting data and following the "preliminary approval" steps and subsequent amendment of the final land use and zoning plat.

2.

Minor Changes. The Village Board may approve minor changes in the planned unit development which do not change the concept or intent of the development without going through the "preliminary approval" steps. Minor changes shall be any change not defined as a major change.

I.

Impact Fees. See section 12-10 of this code for applicable impact fee regulations.

The Board of Trustees has the authority to grant subdivision approval, in accordance with the procedures and standards set forth in chapter 12 of this code.

A.

Purpose. The Village hereby establishes a site plan review process for exterior construction, change in use, or increase in intensity of use for all non-residential uses.

B.

Application. Applications for approval of a site plan shall be filed in accordance with the requirements of section 11-4 code.

C.

Standards. Approval of a site plan will be based on compliance with village ordinances and codes.

A.

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

B.

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

C.

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

D.

Procedure.

1.

Application. Applications for interpretations of this code shall be filed in accordance with the requirements of section 11-4 of this code.

2.

Action on Application. Within 30 days following the receipt of a properly completed application for interpretation, the Zoning Administrator will inform the owner in writing of his or her interpretation, stating the specific precedent, reasons, and analysis upon which the determination is based. The failure of the Zoning Administrator to act within 30 days, or such further time to which the owner may agree, will be deemed to be a decision denying the application rendered on the day following such 30-day period.

3.

Appeal. Appeals from interpretations rendered by the Zoning Administrator may be taken to the Zoning Board of Appeals as provided in sections 11-5 and 11-6 of this code.

E.

Effect of Favorable Use Interpretation. No use interpretation finding a particular use to be permitted or specially permitted in a particular district shall authorize the establishment of such use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits and approvals that may be required by the codes and ordinances of the Village including, but not limited to, a special use permit, a building permit, and subdivision approval.

F.

Time Limitation. Subject to an extension of time granted by the Zoning Administrator pursuant to section 11-1 of this code, no use interpretation finding a particular use to be permitted or specially permitted in a particular district shall be valid for a period longer than six months from the date of issue unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion.

G.

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

A.

Authority. The Zoning Board of Appeals is authorized to hear and decide appeals from, and review orders, decisions, determinations, or the failure to act, of the Zoning Administrator acting pursuant to his or her authority and duties under this code and to that end the Zoning Board of Appeals has the same powers and is subject to the same standards and limitations as the Zoning Administrator with respect to any order, decision, or determination being appealed.

B.

Purpose. The appeal procedure is provided as a safeguard against arbitrary, ill-considered, or erroneous administrative decisions. It is intended to avoid the need for resort to legal action by establishing local procedures to review and correct administrative errors. It is not, however, intended as a means to subvert the clear purposes, meanings, or intents of this code or the rightful authority of the Zoning Administrator to enforce the requirements of this code. To these ends, the reviewing body should give all proper deference to the spirit and intent embodied in the language of this code and to the reasonable interpretations of that language by those charged with the administration of this code.

C.

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

D.

Procedure.

1.

Application. An application for appeal to the Zoning Board of Appeals shall be filed not later than 30 days following the action being appealed and in accordance with the requirements of section 11-4 of this code.

2.

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

3.

Public Hearing. A public hearing shall be set, noticed, and conducted by the Zoning Board of Appeals in accordance with sections 11-5 and 11-6 of this code.

4.

Action by Zoning Board of Appeals. Within 30 days following the close of the public hearing, the Zoning Board of Appeals shall render a decision on the appeal. Such decision may reverse, affirm, or modify, in whole or in part, the action appealed from and may include such order or determination as, in the opinion of the Board of Appeals, is proper to be made in the premises. The failure of the Board of Appeals to act within such 30 days, or such further time to which the owner may agree, shall be deemed to be a decision denying the appeal.

E.

Stay of Proceedings. An application for appeal properly filed pursuant to subsection D of this section shall stay all proceedings in the furtherance of the action appealed from, unless the Zoning Administrator certifies to the Zoning Board of Appeals after the application for appeal has been filed with the Zoning Administrator that, by reason of facts stated in the certificate, a stay would, in the Zoning Administrator's opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed other than by a restraining order, which may be granted by the Board of Appeals or by the circuit court on application, upon reasonable written notice to the Zoning Administrator and on due cause shown.

F.

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

Upon finding the existence of any violation of this code, the Zoning Administrator has have the authority and duty to take or direct all actions necessary or appropriate to abate and redress such violation.

A.

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

B.

Legal Actions. In the enforcement of this code, the Zoning Administrator has the authority to exercise all the powers authorized by the statutes of the state of Illinois and Village codes and ordinances to ensure compliance with, or to prevent or abate any violation of, the provisions of this code, and in particular shall, where necessary or appropriate, institute or cause to be instituted by the Village attorney in the name of the Village of Gilberts any and all actions, legal or equitable, including appeals, that may be required for the enforcement of this code.

C.

Abatement; Liens. Where authorized by state statute, the Zoning Administrator may order any work necessary to abate any violation of this code and shall assess the cost of such work to the lot owner. Upon the failure of the owner to pay such cost, the Zoning Administrator has the authority to file a lien for such costs and for all costs of collection against the lot in question.

D.

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

E.

Fines. In the enforcement of this code, the Zoning Administrator has the authority to, where necessary and appropriate, order the issuance and enforcement of citations to recover fines and penalties for the violation of this code as authorized by State law and this code.

F.

Penalty. Any person who shall violate, disobey, omit, neglect, or refuse to comply with, or who shall resist enforcement of, any provision of this code shall be subject to a fine as set forth in the chapter 4 of title 1 of this code. Each separate provision of this code that is not complied with shall constitute a separate violation. Each day a violation continues to exist shall constitute a separate offense.

G.

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