(A)

Administration: The administration of this title is hereby vested in the following:

1.

Village Department of Community Development;

2.

Plan Commission;

3.

Zoning Board of Appeals; and

4.

Village Board of Trustees;

(B)

Scope of this chapter: This chapter outlines the authority of each of these offices, then describes the procedures and substantive standards with respect to the following administrative functions:

1.

Issuance of zoning certificates;

2.

Issuance of occupancy certificates;

3.

Issuance of driveway approach permits;

4.

Appeals;

5.

Variations;

6.

Amendments;

7.

Special uses;

8.

Special uses for planned unit developments;

9.

Fees; and

10.

Penalties.

(Ord. 3617, 5-8-1989, eff. 6-1-1989; Ord. 6674, 2-25-2019)

(A)

The Village Department of Community Development, including the Director of that department and the Building and Zoning Official, shall enforce this title and in addition thereto, and in furtherance of such authority, shall perform the following duties:

1.

Issue all zoning certificates and make and maintain records thereof, including review of all information submitted regarding compliance with performance standards and approve the same before issuance of any zoning certificate;

2.

Issue all certificates of occupancy;

3.

Issue all driveway approach permits;

4.

Conduct inspections of buildings, structures, and open land uses to determine compliance with the terms of this title;

5.

Maintain permanent and current records of this title, including nonconforming uses, special uses, amendments, special uses for planned unit developments, variations, appeals and applications therefor, and records of hearings thereon;

6.

Receive, file and forward for action all appeals and applications for appeals, variations, amendments, special uses, special uses for planned unit developments, all of which may be filed initially with the Director of the Department of Community Development;

7.

Provide such clerical and technical assistance as may be required by the Plan Commission and Zoning Board of Appeals in the exercise of their duties;

8.

Initiate, from time to time, a study of the provisions of this title; and

9.

Make recommendations annually to the Plan Commission and/or corporate authorities as to the effectiveness of this title.

(Ord. 3617, 5-8-1989, eff. 6-1-1989; Ord. 6674, 2-25-2019)

(A)

Establishment: The Plan Commission of the Village has been heretofore duly established by title 2, chapter 4 of this Code;

(B)

Jurisdiction: The Plan Commission is hereby vested with the following jurisdiction and authority with reference to this title:

1.

To establish a time for and conduct public hearings on and make written findings of fact and recommendations to the Village Board on the following matters:

(a)

Applications for amendments to the zoning district map or the text of this title;

(b)

Special use permits and any variations required to accommodate a use other than a single-family or two-family dwelling;

(c)

Special use permits for planned unit developments, including any request for change or modification in plans for such developments as required by this title;

(d)

All zoning requests pertaining to newly annexed property, including review of all plats and plans in connection therewith;

(e)

Plats of subdivision, including review of such plats for conformance to the Comprehensive Plan, this title and the subdivision regulation ordinance of the Village;

(f)

All special use permits and variations pertaining to chapter 6, "Flood Hazard And Land Use Regulations", of this title; and

(g)

Appeals or application for variations to the DuPage County countywide stormwater and floodplain ordinance as adopted by the Village of Glen Ellyn, acting as the stormwater oversight committee therefor.

2.

To review the recommendations of the Department of Community Development as to the effectiveness of this title and report its conclusions and recommendations to the Village Board, from time to time, but not less frequently than biannually;

3.

To review the zoning district map for accuracy not less frequently than annually so that the zoning district map may be annually updated and published in the manner required by the Illinois Compiled Statutes; and

4.

To hear, decide and consider all other matters referred to it by the Village Board or upon which it is required to act pursuant to the provisions of this title, or as prescribed by the applicable provisions of this Code or Illinois Compiled Statutes.

(Ord. 3617, 5-8- 1989, eff. 6-1-1989; amd. Ord. 4425, 10-14-1996; Ord. 5543, 1-22-2007; Ord. 6674, 2-25-2019)

(A)

Establishment: The Zoning Board of Appeals of the Village has been heretofore duly established by title 2, chapter 14 of this Code.

(B)

Jurisdiction: The Zoning Board of Appeals is hereby vested with the following jurisdiction and authority:

1.

To establish a time for and conduct public hearings on and make written findings of fact and recommendations to the Village Board concerning applications for all zoning variations for single-family and two-family dwellings, in the manner prescribed by and subject to the standards established in this title;

2.

To hear and decide appeals from any final order, requirement, decision or determination made by an administrative official charged with the enforcement of this title; and

3.

To hear and decide all matters referred to it by the Village Board or upon which it is required to act under this title, or as prescribed by the applicable provisions of the Illinois Compiled Statutes.

(Ord. 3617, 5-8-1989, eff. 6-1-1989; amd. Ord. 5543, 1-22- 2007)

The Village Board of Trustees is the elected legislative authority of the Village and has reserved unto itself the final authority on variations, special uses, amendments and special uses for planned unit developments, to be exercised pursuant to its legislative discretion.

(Ord. 3617, 5-8-1989, eff. 6-1-1989)

(A)

Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by an officer, department or employee unless the application for such permit has been examined by either the Director, Village Department of Community Development or the Building and Zoning Official of that department and has affixed to it the Director's certificate or Building and Zoning Official's certificate indicating that an existing or proposed building, structure or use complies with all the provisions of this title. Any permit or certificate issued in conflict with the provisions of this title shall be null and void;

(B)

Every application for a zoning certificate shall be accompanied by:

1.

Two copies of a current plat of the parcel of land, lot, lots, block or blocks, or parts or portions thereof which constitute the proposed zoning lot, drawn to scale showing the actual dimensions and monumenting, as certified by a registered Illinois land surveyor, as a true copy of the piece or parcel, lot, lots, block or blocks, or portions thereof, according to the registered or recorded plat of such land;

2.

Two copies of additional drawings drawn to a scale in such form as may, from time to time, be prescribed by either the Director, Department of Community Development, or the Building and Zoning Official, showing the proposed zoning lot, the ground area, height and bulk of the building or structure, the building lines in relation to the lot lines, the use to be made of the building, structure or land and such other information as may be required for the proper enforcement of this title;

3.

The Director, Department of Community Development, may, in those cases where in his judgment the information is not necessary because of existing evidence in Village records, waive all or any portion of the requirements of subsections (B)1. and (B)2. of this section;

(C)

Every application for a zoning certificate for any property located in the C1 through C6 zoning districts shall also include the following information:

1.

The location and dimensions of all driveways, parking spaces, waste disposal and recycling areas, screening and landscaped areas on the plot plan of the proposed site;

2.

All structures, streets, streams and any other significant features within 200 feet of the proposed site on the plot plan of the proposed site;

3.

A narrative description of the activity to be conducted in sufficient detail to indicate the extent to which the proposed operation will produce waste products, conditions or external effects which are limited or otherwise regulated by this title;

4.

A narrative or pictorial description of the type and location of any abatement devices or recording instruments used to control or measure conformity with any of the performance standards contained in this title; and

5.

Such other information as may be reasonably required by the Director of the Department of Community Development to facilitate a determination of whether the proposed commercial use will comply with the provisions of this title;

(D)

Nothing in this section shall prohibit the filing of amendments to an application or to a plan or other record accompanying same, at any time before the issuance of an occupancy permit. Such amendments, if approved, shall be filed with and be deemed a part of the original application;

(E)

The Building and Zoning Official or Director, Department of Community Development, shall examine all applications for zoning certificates within a reasonable time after filing. If, after examination, no objection to the same is found and it appears that the proposed use of land or buildings or construction will be in compliance with this title, then such application shall be approved and a building permit or occupancy permit shall be issued, if the circumstances warrant, as soon as practical. If the examination of an application reveals otherwise, the application shall be rejected and the reasons for the rejection stated in a written report to be attached to the application, with a copy thereof delivered to the applicant. Nothing in this section shall be construed to prevent the Building and Zoning Official from issuing a permit for the construction of part of a building or structure providing that adequate plans and detailed statements shall have been presented for the same and have been found to comply with this title. All work or other construction performed under any permit issued by the Department of Community Development and based upon an application for zoning certificate shall conform to the approved application and plans, and approved amendments thereto. The location of all new construction as shown on the approved plot diagram, or on an approved amendment thereto, shall be strictly followed. It shall be unlawful to reduce or diminish the area of a lot, plot or zoning lot of which a plat or other drawing has been filed and has been used as the basis for the issuance of a permit, unless a revised plat showing the proposed change in conditions shall have been filed and approved; except that this shall not apply when the lot is reduced by reason of a street opening or widening or other public taking of private property;

(F)

Any permit or approval issued under the provisions of this title may be revoked whenever there has been any false statement, misrepresentation or omission of a material fact in the application, plat, plans, drawings or other information on which the permit or approval was based.

(Ord. 3617, 5-8-1989, eff. 6-1-1989; Ord. 6674, 2-25-2019)

(A)

Occupancy certificate requirements: No building, alteration or addition thereto, constructed after the effective date of this title and no addition to a previously existing building shall be occupied, and no land, unused and vacant on the effective date of this title, shall be used for any purpose until an occupancy certificate has been issued by the Community Development Department. No change in a use shall be made until an occupancy certificate has been issued stating that the use or occupancy complies with the provisions of this title.

(B)

Application required: Every application for a building permit or zoning certificate shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new use of land where no building permit is required shall be made directly to the Community Development Department.

(C)

Compliance with approved plans and applicable standards: No occupancy certificate for a building, or portion thereof, constructed after the effective date of this title shall be issued until construction has been completed and the premises are inspected and certified to be in conformity with the plans and specifications upon which the zoning certificate application was based. No occupancy certificate for a building, alteration, or addition thereto constructed after the effective date of this title shall be issued, and no addition to a previously existing building shall be occupied until the premises have been inspected and certified to be in compliance with all applicable standards.

(D)

Temporary occupancy certificate: A temporary occupancy certificate may be issued for a period not to exceed 180 days pending the completion of a building or alteration thereof. Such temporary occupancy certificate shall not be construed as in any way waiving the duties and obligations of the owners or occupants to complete the construction or alteration within the time period established in the temporary occupancy certificate.

(E)

Amendments to original application: Nothing in this section shall prohibit the filing of amendments to an application or to a plan or other record accompanying same at any time before the issuance of an occupancy permit. Such amendments, if approved, shall be filed with and be deemed a part of the original application.

(F)

Compliance with approved plot diagram: All work or other construction performed under any permit issued by the Community Development Department and based upon an application for zoning certificate shall conform to the approved application and plans and approved amendments thereto. The location of all new construction as shown on the approved plot diagram, or on an approved amendment thereto, shall be strictly followed. It shall be unlawful to reduce or diminish the area of the lot, plot, or zoning lot of which a plat or other drawing has been filed and has been used as the basis for the issuance of a permit, unless a revised plat showing the proposed change in conditions shall have been filed and approved, except that this shall not apply when the lot is reduced by reason of a street opening or widening or other public taking of private property.

(G)

Revocation of permit or approval: Any permit or approval issued under the provisions of this title may be revoked whenever there has been any false statement, misrepresentation, or omission of a material fact in the application, plat, plans, drawings, or other information on which the permit or approval was based.

(H)

Occupancy certificate issuance or written notice of denial: An occupancy certificate shall be issued or a written notice shall be given to the applicant stating the reasons why a certificate cannot be issued not later than five working days after the Community Development Department is notified in writing that the building or premises is ready for inspection for occupancy.

(Ord. 4673, 12-14-1998, eff. 3-1-1999; amd. Ord. 5035, 1-14- 2002, eff. 3-1-2002; Ord. 6674, 2-25-2019)

(A)

A driveway approach permit shall be required when:

1.

Property is developed or redeveloped;

2.

Any existing driveway approach is reconstructed (resurfacing is not considered reconstruction) or widened;

3.

An additional driveway approach is proposed to be constructed;

4.

The intensity of use of any building, structure or land is increased through the addition of dwelling units, gross floor area, seating capacity or other manner that may change parking or access requirements; or

5.

The use of land or a building is changed to a different use, unless a driveway approach is not required, proposed nor existing;

(B)

A permit for a temporary driveway approach may be granted if it is conditioned upon being replaced by a specified future date with one of the following:

1.

An adjacent public street or access (frontage) road; or

2.

A shared driveway, as shown on an approved development plan for the site;

(C)

Every application for a driveway approach permit shall be accompanied by:

1.

Two copies of a drawing showing the driveway design and geometrics including curb return radius, width of driveway at the property line, curbed or uncurbed, dimension of any channelizing islands or medians and slope between property line and street, measured parallel to the driveway between the edge of the street and the property line;

2.

Two copies of a sketch (not necessarily to scale) showing the distances between proposed driveway(s) and existing driveway(s) on both sides of the street, within 200 feet each direction from the subject property lines, with distances to be measured parallel to the street. The sketch shall also identify the type of land use currently served by these existing driveway(s);

3.

Narrative or pictorial identification of proposed driveway signage/markings/striping for intersection control, inbound/outbound movements, turn prohibitions (if any) and similar information required to show compliance with this title;

4.

Based on a review of site topography, street alignment, existing driveways and other factors, the Director of Community Development may require a survey to establish the site distance along the intersecting street measured from the driveway and/or potential vehicular conflicts;

5.

The Director, Department of Community Development, may, in those cases where in his judgment the information is not necessary because of existing evidence in Village records, waive all or any portion of the requirements of subsections (C)1. through (C)4. of this section;

(D)

Nothing in this section shall prohibit the filing of amendments to an application or to a drawing or other record accompanying same, at any time before the issuance of a driveway approach permit. Such amendments, if approved, shall be filed with and be deemed a part of the original application;

(E)

The Building and Zoning Official or Director, Department of Community Development, shall examine all applications for driveway approach permit within a reasonable time after filing. If, after examination, no objection to the same is found and it appears that the proposal will be in compliance with this title, then such application shall be approved and a permit shall be issued, if the circumstances warrant, as soon as practical. If the examination of an application reveals otherwise, the application shall be rejected and the reasons for the rejection stated in a written report to be attached to the application, with a copy thereof delivered to the applicant. All work or other construction performed under any permit issued by the Department of Community Development shall conform to the approved application and plans, and approved amendments thereto. The location of all new construction as shown on the approved plot diagram, or on an approved amendment thereto, shall be strictly followed. It shall be unlawful to reduce or diminish the area of a lot, plot or zoning lot of which a plat or other drawing has been filed and has been used as the basis for the issuance of a permit, unless a revised plat showing the proposed change in conditions shall have been filed and approved; except that this shall not apply when the lot is reduced by reason of a street opening or widening or other public taking of private property;

(F)

Any permit or approval issued under the provisions of this title may be revoked whenever there has been any false statement, misrepresentation or omission of a material fact in the application, plat, plans, drawings or other information on which the permit or approval was based.

(Ord. 3617, 5-8-1989, eff. 6-1-1989; Ord. 6674, 2-25-2019)

(A)

Scope of appeals: An appeal from a final order, requirement, decision or determination to issue, not to issue, revoke, rescind or extend a permit or certificate requiring compliance with the provisions of this title may be taken to the Zoning Board of Appeals by any person aggrieved or by any officer or department of the Village. Such an appeal shall be taken within 45 days after the decision complained of, by filing with the Director, Department of Community Development, and with the Zoning Board of Appeals, a notice of appeal specifying the grounds thereof. The Director, Department of Community Development, shall forthwith transmit to the Zoning Board of Appeals all the papers constituting the record upon which the decision appealed from was taken;

(B)

Notice of appeal: The notice of appeal shall contain at least the following information:

1.

The name, address and phone number of the person filing the appeal;

2.

The location of the property involved in the decision complained of;

3.

Identification of the section or provision of this title in dispute;

4.

The written decision of the enforcing officer or department or the reason given by the enforcing officer or department in support of the decision from which the appeal is taken;

5.

A description of the proposed use of the property, including a plat or plot diagram; and

6.

A brief narrative argument and a summary of the factual evidence upon which the appeal is based;

(C)

Appeal proceedings: An appeal shall stay all proceeding in furtherance of the action appealed from, unless the Director, Department of Community Development, certifies to the Zoning Board of Appeals, after notice of the appeal has been filed with the Director, that by reason of facts stated in the Director's statement to deny a stay, would, in the Director's opinion, cause eminent peril to life and/or property, in which case the proceedings shall not be stayed unless determined otherwise by the Zoning Board of Appeals or as ordered by a court of competent jurisdiction, for due cause shown;

(D)

Appeal hearing: The Zoning Board of Appeals shall fix a reasonable time for the hearing of an appeal and give at least ten days' notice to all parties interested in the appeal. The notice shall be by publication in a newspaper in general circulation within the Village and also by mailing the notice thereof to the parties in interest. Upon the hearing, any party may appear in person or by agent or attorney. The Zoning Board of Appeals shall reach its decision within a reasonable period of time after the conclusion of the hearing of the appeal. The board may affirm or may reverse, wholly or in part, or modify the order, requirement, decision, or determination that, in its opinion, ought to be done and to that end, shall have all the powers of the officer from whom the appeal is taken. The Director, Department of Community Development, shall maintain records of all actions of the Zoning Board of Appeals relative to appeals. The decision of the Zoning Board of Appeals shall be a final administrative decision, based upon the evidence presented at the hearing of the appeal. Judicial review of the decision of the Zoning Board of Appeals on appeals shall be in accordance with the Illinois Compiled Statutes.

(Ord. 3617, 5-8-1989, eff. 6-1-1989; Ord. 6674, 2-25-2019)

(A)

Procedures applicable to all petitions for variations, amendments, special use permits and special use permits for planned unit developments: Requests for variation, amendment, special use, and special use for planned unit development may be filed as follows:

1.

Requests for variation, special use and special use for planned unit development may be initiated by resolution or motion of the Village Board or by petition or application which seeks to vary the provisions of this title or to obtain a special use or special use for planned unit development as specified within this title;

2.

Map amendments may be initiated by resolution or motion of the Village Board, by the Zoning Board of Appeals, by the Plan Commission or by petition or application by the fee owner, other person having a proprietary interest in the property, and/or any person having the right to represent the fee owner of the particular parcel or parcels of property affected by the map amendment, or their agent or attorney;

3.

Text amendments may be initiated by resolution or motion of the Village Board, the Zoning Board of Appeals or the Plan Commission, or by petition (application) by any resident or property owner in the Village and shall state in particular the section, subsection and/or paragraph of this title to be amended;

(B)

Petitioner; applicant requirements: If any of the following requirements relating to the petitioner or applicant change at any time during the processing of the petition, the Village must be notified in writing within ten working days as to the nature of these changes. The petitioner or applicant shall comply with the following requirements:

1.

Each petition or application shall be filed by the fee owner, other person having a proprietary interest in the property, and/or any person having the right to represent the owner, or their agent or attorney, unless otherwise specified herein;

2.

Where the petitioner or applicant is a nominee, agent, attorney, or one other than the fee owner, then the petition or application must disclose the name and address of the fee owner and of any person or entity for whom the petitioner or applicant is acting; and all of said persons or entities shall be deemed to be a petitioner or applicant for the purpose of disclosing interests as required in this subsection (B);

3.

In the case where the fee owner has entered into a contract for the sale of the property sought to be affected, the contract purchaser shall be a copetitioner to the petition or application or shall provide a letter of authorization to represent the fee owner;

4.

In case of property that is the subject of a land trust agreement, the trustee of such trust, as such trustee, shall be the petitioner or copetitioner to the petition or application or the applicant shall provide a letter of authorization from the trustee authorizing the applicant to represent the beneficial interest of the trust;

5.

Where the petitioner or applicant is a corporation, the petition or application shall include the correct names and addresses of all officers and Directors and of all stockholders or shareholders owning any interest in excess of five percent of all outstanding stock of such corporation. If any owner of five percent or more of the stock is also a corporation, the same disclosures shall be made concerning that corporation;

6.

Where the petitioner or applicant or his principal, if other than the applicant, is a business or entity doing business under an assumed name, the petition or application shall include the name and residence of all true and actual owners of such business or entity;

7.

Where the petitioner or applicant is a partnership, limited partnership, joint venture, syndicate, trust or an unincorporated voluntary association, the petition or application shall include the names and addresses of all partners, limited partners, joint venturers, syndicate members, trust beneficiaries or members of the unincorporated voluntary association;

8.

Where property is the subject of a land trust agreement, the petitioner or applicant shall provide a trust disclosure in compliance with "an act to required disclosure of all beneficial interest", 765 Illinois Compiled Statutes 405/1, signed by the trustee of the trust;

9.

Where any person disclosed pursuant to the requirements of this subsection (B) is not a natural person, then the partners, limited partners, joint venturers, syndicate members, trust beneficiaries, members of the unincorporated voluntary association, officers, Directors and stockholders (owning any interest in excess of five percent) shall be disclosed so that all interested natural persons are disclosed;

10.

The Village Engineer, the Director of Community Development, or their designee shall require a plat of assessment, consolidation, resubdivision or subdivision if the development site is comprised of a portion (or portions) of previously platted land, more than one lot of record, or contains more than one property identification number (PIN) per zoning lot.

(Ord. 3617, 5-8-1989, eff. 6-1-1989; amd. Ord. 3815, 2-25-1991; Ord. 5035, 1-14-2002, eff. 3-1-2002; Ord. 6674, 2-25-2019)

(A)

No public hearing before either the Zoning Board of Appeals or the Plan Commission on any request or petition for variation, amendment, special use or special use for planned unit development shall be held unless notice of the time and place of the hearing is published at least once, not more than 30 nor less than 15 days before the beginning of the hearing, in one or more newspapers published within the Village, or if no newspaper is published therein, then in one or more newspapers with a general circulation within the Village which is published in the county where the Village is located;

(B)

Each petition or application for variation, amendment, special use or special use for planned unit development shall include a list of all property owners, as disclosed either by the records of the DuPage County Recorder of Deeds or the tax records maintained by the DuPage County Clerk, for all property within 250 feet of the parcel, exclusive of road rights-of-way. The Department of Community Development shall cause notice of the public hearing to be mailed to property owners contained within such list at the addresses identified therein at least ten days prior to the public hearing;

(C)

Each petitioner or applicant shall be responsible for the placement of one or more placards on the parcel or parcels subject to a hearing for variation, amendment, special use or special use for planned unit development not less than 15 days prior to the date of any public hearing. The placard shall remain until completion of the public hearing, at which time it shall be removed. Such placards shall be provided by the Village and shall contain such information as directed by the Director, Department of Community Development. Jurisdiction of the Zoning Board of Appeals or the Plan Commission to hold hearings shall not be affected by the absence of a placard, if such absence is not the result of the applicant's or petitioner's act or omission.

(Ord. 3617, 5-8-1989, eff. 6-1- 1989; Ord. 6674, 2-25-2019)

(A)

Variations shall be classified into the following:

1.

Administrative variations, which are minor variations to the Village's bulk regulations for existing single family, detatched structures including:

(a)

Lot coverage ratio variances less than or equal to ten percent of the lot coverage ratio requirement on structures greater than one-story; and

(b)

Yard setback variances less than 20 percent of the setback requirement; and

2.

Variations, which are all other requests for relief that do not meet the criteria for administrative variation;

(B)

A petition or application for either type of variation shall be filed with the Director of Community Development, and shall contain at least the following information:

1.

The name, address and phone number of the applicant, pursuant to section 10-10-10 of this chapter;

2.

The legal description, common address and permanent index number of the property to be benefited by the variation;

3.

Identification of the provisions of this title from which the variation is sought;

4.

A description of the proposed use and/or variation, including a dimensioned site plan or plat. The dimensioned site plan or plat need not be prepared by an architect or engineer;

5.

A brief summary of the factual evidence upon which the applicant will rely to show that the standards for variation will be met;

(C)

The Community Development Director shall review all applications for administrative variation and determine if the request meets the requirements for administrative approval. If the Director determines that the request meets the standards described herein, a copy of the variation application shall be sent by the Village by certified mail at the property owner's expense, to property owners within a one property radius, excluding the right-of-way, of the subject property. If there are no written objections filed with the Director of Community Development within 15 days of sending such notice, the administrative variation will be granted. If an administrative variation is not granted, the applicant may apply for a variation to be heard by the Zoning Board of Appeals. The Community Development Director shall send a letter to the petitioner indicating if the administrative variation was approved or denied.

(D)

Upon application for a variation, the Zoning Board of Appeals, after giving notice as provided herein and by the Illinois Compiled Statutes, shall conduct a public hearing. The Zoning Board of Appeals shall also conduct public hearings and make recommendations to the Village Board regarding requested variations from bulk regulations applicable to single-family lots in planned unit developments, in accordance with the procedures established for other variations in this title, provided the conditions set forth in subsection 10-10-15(F) of this chapter have been met. Any property owners' association related to the planned unit development shall be notified of any proposed variations from bulk regulations in the same manner as that required for surrounding property owners in subsection 10-10-11(B) of this chapter;

(E)

The Community Development Director shall not vary the provisions of this title, nor shall the Zoning Board of Appeals recommend, and the Village Board vary, the provisions of this title, except in cases where there are practical difficulties or particular hardship in the way of carrying out the strict letter of any regulation of this title relating to the use, construction or alteration of buildings or structures or the use of land, and unless it shall have made findings based upon the evidence presented to it in the following cases:

1.

That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located; and that the variation, if granted, will not alter the essential character of the locality; or

2.

That the plight of the owner is due to unique circumstances; and that the variation, if granted, will not alter the essential character of the locality;

(F)

For the purpose of supplementing the above standards, in consideration of granting an administrative variation or recommending approval of a variation, the Community Development Director or the Zoning Board of Appeals shall also take into consideration the extent to which the evidence establishes or fails to establish the following facts favorably to the applicant:

1.

That the particular physical surroundings, shape or topographical condition of the specific property involved would bring particular hardship upon the owner as distinguished from a mere inconvenience, if the strict letter of the regulation were to be carried out;

2.

That the conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoning district;

3.

That the purpose of the variation is not based exclusively upon a desire to make more money out of the property;

4.

That the alleged difficulty or particular hardship has not been created by any person presently having an interest in the property or by the applicant;

5.

That the granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located;

6.

That the proposed variation will not:

(a)

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

(b)

Substantially increase the hazard from fire or other dangers to said property or adjacent property;

(c)

Otherwise impair the public health, safety, comfort, morals or general welfare of the inhabitants of the Village;

(d)

Diminish or impair property values within the neighborhood;

(e)

Unduly increase traffic congestion in the public streets and highways;

(f)

Create a nuisance; or

(g)

Result in an increase in public expenditures;

7.

That the variation is the minimum variation that will make possible the reasonable use of the land, building or structure;

8.

In the case of a planned unit development, that the granting of the variation will not significantly compromise the character and concept of the planned unit development;

(G)

No variation from the provisions of chapter 6, "Flood Hazard And Land Use Regulations", of this title shall be recommended or granted unless the evidence presented at the public hearing establishes the following facts in addition to those facts required for any other variation:

1.

For a variation from the requirements of this title that would result in a structure not being protected to the elevation of the base flood that:

(a)

The structure is to be located on a lot contiguous to and surrounded by lots with existing structures constructed below the base flood level;

(b)

The applicant has acknowledged that such construction below the base flood level will increase the risks to life and property and that the applicant proceeds with knowledge of these risks; and

(c)

Any variation is contingent upon the applicant obtaining approval from other agencies having jurisdiction, when the variance violates the requirements of such agencies;

2.

For a variation from the requirements of this title that would significantly impede or increase the flow and passage of floodwaters that:

(a)

The use will not result in an increased flood height greater than 0.1 feet within the designated regulatory floodway;

(b)

The resulting increase in the base flood elevation will not affect any existing structures or utilities;

(c)

The owners of the properties affected by the increased base flood elevation are compensated for the resulting effect on property values, and they give their written agreement to granting the variation; and

(d)

The resulting increased flood elevations will not affect any flood protection structures;

(H)

The Community Development Director is not required to approve the full variation requested, nor is the Zoning Board of Appeals required to recommend approval of the full variation requested, when a variation of less extent than that contained in the request is more appropriate;

(I)

The Zoning Board of Appeals may recommend and the Community Development Director or Village Board may require such conditions and restrictions upon the premises benefited by a variation as may be necessary in their opinion to comply with the standards set forth in this section, to reduce or minimize the injurious effect of such variations upon other property in the neighborhood, and to better promote and implement the general intent of this title;

(J)

No variation shall be granted except by ordinance duly passed and approved by the President and Village Board after public hearing and written findings of fact and recommendation from the Zoning Board of Appeals. Without further public hearing, the Village Board may grant, deny or amend the recommendation for variation. Every variation which is granted by ordinance of the Village Board shall be accompanied by findings of fact and shall refer to any exhibit containing plats and specifications for the proposed variation, which exhibit shall remain a part of the permanent records of the Zoning Board of Appeals. The terms of relief granted shall be specifically set forth separate from the findings of the ordinance.

(Ord. 3617, 5-8-1989, eff. 6-1-1989; amd. Ord. 3953, 9-28-1992; Ord. 6520, 7-24-2017; Ord. 6674, 2-25-2019)

(A)

For the purpose of promoting the public health, safety, morals, comfort, general welfare; to conserve the value of property throughout the Village; and to lessen or avoid congestion in the public streets and highways, the Village Board may, from time to time, in the manner hereinafter set forth, amend the regulations imposed in this title, pursuant to the procedures established herein;

(B)

Amendments shall be classified into the following:

1.

Text amendments, which are amendments to the text of this title; and

2.

Map amendments, which are amendments to zoning district map adopted pursuant to this title;

(C)

A petition or application for amendment shall be filed with the Director, Department of Community Development, and shall contain at least the following information:

1.

For text amendments:

(a)

The name, address and phone number of the petitioner or applicant, pursuant to section 10-10-10 of this chapter;

(b)

The proposed text amendment; and

(c)

A statement of how the proposed text amendment relates to the Comprehensive Plan then in effect or otherwise promotes the public health, safety and general welfare;

2.

For map amendments:

(a)

The name, address and phone number of the petitioner or applicant, pursuant to section 10-10-10 of this chapter;

(b)

The proposed map amendment, including the legal description of the property to be affected, common address and permanent index number, and the precise district into which the property is proposed to be placed;

(c)

The present use of the affected property;

(d)

The present zoning district in which the affected property is contained;

(e)

The proposed use of the affected property;

(f)

A vicinity map at a scale approved by the Director, Department of Community Development, showing property lines, streets, existing and proposed zoning and such other items as the Director may require; and

(g)

A statement of how the proposed map amendment relates to the Comprehensive Plan, promotes the public health, safety and general welfare, and how the proposed map amendment fulfills the conditions of subsection (E) of this section;

(D)

The Director, Department of Community Development, shall transmit the application to the Plan Commission, which shall hold a public hearing on each application for an amendment at such time and place as shall be established by the commission, after due notice as required herein. The hearing shall be conducted and a record of such proceedings shall be preserved in such manner as the commission shall prescribe from time to time;

(E)

Within 90 days after the close of the hearing on a proposed amendment, the Plan Commission shall make written findings of fact and shall submit the same together with recommendations to the Village Board. For map amendments, the commission shall make written findings of fact based upon the evidence presented to it in each case with respect to the following matters:

1.

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

2.

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

3.

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;

4.

The trend or 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;

5.

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;

6.

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; and

7.

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

(F)

A property affected by a proposed map amendment shall have at least 200 feet of frontage or 25,000 square feet of area, or shall adjoin a parcel of land which bears the same zoning district classification as that proposed for the affected property by the map amendment;

(G)

In case of a written protest against any proposed text amendment or map amendment, signed and acknowledged by the owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered, is filed with the Village Clerk, the amendment shall not be passed except by a favorable vote of two-thirds of the Village Trustees then holding office. In such case, a copy of the written protest shall be served by the protester or protesters on the applicant for the proposed amendment and a copy upon the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application or petition for the proposed amendment;

(H)

The Village Board shall not act upon a proposed amendment until it shall have received a written report and recommendation from the Plan Commission. If an application is not acted upon by the Village Board within six months of the date upon which such application is filed, it shall be deemed to have been denied.

(Ord. 3617, 5-8-1989, eff. 6-1-1989; Ord. 6674, 2-25-2019)

(A)

The development and execution of this title is based upon the division of the Village into zoning districts, within any one of which the use of land and use of buildings are essentially uniform. However, certain uses, because of their unique character, cannot be properly classified in any particular district or districts without consideration in each case of the impact of those uses upon the neighboring lands and upon the public need for the particular use at the particular location. Such uses fall into two categories:

1.

Uses operated by a public agency or publicly regulated utilities, which are uses traditionally associated with a public interest, such as parks, recreation areas, public administrative buildings, or the private use of existing public buildings. It is stressed that public uses are associated with the public interest. In the case of a request for a special use by a unit of local government, for a public use within its statutory mandate, the review shall not be based on determining the necessity for the public, mandated use on the specific site but, rather, is for assessing the impact of the proposed public use upon neighboring lands, and upon the Village's streets and utilities; or

2.

Uses entirely private in character, but of such a nature that the operation may give rise to unique problems or benefits with respect to their impact upon neighboring property, public facilities, the Village as a whole or the natural environment or resources;

(B)

A petition or application for a special use shall be filed with the Director, Department of Community Development, and shall contain at least the following information:

1.

The name, address and phone number of the applicant, pursuant to section 10-10-10 of this chapter;

2.

Legal description of the property for which the special use is requested;

3.

Description of the existing use of the affected property;

4.

The present zoning district of the affected property;

5.

Description of the proposed special use;

6.

A dimensioned site plan or plat showing at least the location of all buildings, parking areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and such other information as the Plan Commission may require to determine if the proposed special use meets the intent and requirements of this title; and

7.

A narrative statement evaluating the economic effects on adjoining property, the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property, a discussion of the general compatibility with the adjacent and other properties in the district, the effect of traffic, and the relationship of the proposed use to the Comprehensive Plan, and how it fulfills the requirements of subsection (E) of this section;

(C)

Upon application to the Department of Community Development, the Plan Commission, after giving notice as provided herein and by the Illinois Compiled Statutes, shall conduct a public hearing.

Due to the public benefit provided by governmental services, it is in the public interest to review the category of special uses to be operated by a unit of local government on a priority basis. The public hearing procedure will be expedited in such cases to the extent permitted by statute;

(D)

Within 90 days after the close of the public hearing on a special use permit application, the Plan Commission shall render written findings of fact and shall submit the same together with recommendations to the Village Board. The written findings and recommendations shall refer to any exhibits containing plans and specifications for the proposed special use, which shall remain a part of the permanent records of the Plan Commission;

(E)

The Plan Commission shall not recommend that a special use be granted nor shall the Village Board grant a special use, unless it shall find, based upon the evidence presented to the Plan Commission in each specific case, that the special use:

1.

Will be harmonious with and in accordance with the general objectives, or within a specific objective of the Comprehensive Plan and/or this title;

2.

Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;

3.

Will not be hazardous or disturbing to existing or future neighborhood uses;

4.

Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewers and schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;

5.

Will not create excessive additional requirements at public cost for public facilities and services, and will not be detrimental to the economic welfare of the Village;

6.

Will not involve uses, activities, processes, materials, equipment and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;

7.

Will have vehicular approaches to the property, which shall be so designed as not to create an undue interference with traffic on surrounding public streets or roads;

8.

Will not increase the potential for flood damage to adjacent property or require additional public expense for flood protection, rescue or relief; and

9.

Will not result in destruction, loss or damage of natural, scenic or historic features of major importance to the community;

(F)

The Plan Commission may recommend and the Village Board may require such conditions and restrictions upon the premises benefited by a special use as may be necessary in their opinion to comply with the standards set forth in this section, to reduce or minimize injurious effect of such special use upon other property in the neighborhood, and/or to implement the general purpose and intent of this title;

(G)

No special use shall be granted except by ordinance duly passed and adopted by the Village Board after public hearing and written recommendation from the Plan Commission. Without further public hearing the Village Board may grant, deny or amend the recommendation for special use. Every special use which is granted by ordinance of the Village Board shall be accompanied by findings and shall refer to any exhibits containing plans and specifications of the proposed special use, which shall remain a part of the permanent records of the Plan Commission. The findings shall specify the reason or reasons for granting the special use. The terms of relief granted shall be specifically set forth separate from the findings of the ordinance.

(Ord. 3617, 5-8-1989, eff. 6-1-1989; Ord. 6674, 2-25-2019)

(A)

Preapplication conference:

1.

Prior to filing a formal application for a planned unit development, the developer shall request a preapplication conference with the Plan Commission and submit the proposed planned unit development. The purpose of this conference is to afford the applicant an opportunity to avail himself of the advice and assistance of the Plan Commission before preparing the preliminary plan and formal application for its approval;

2.

The preapplication conference is mandatory, but may be waived at the discretion of the Community Development Director. A formal application for a planned development need not be filed at the time of preapplication conference. The Department of Community Development shall consult with, advise and assist the applicant in meeting the goals and objectives established in this title;

3.

The Director of the Department of Community Development, may waive the requirement for the preliminary and final planned unit development plans to be reviewed sequentially and separately and may permit the simultaneous review of the preliminary and final planned unit development plans provided, however, that the Plan Commission may overrule such decision of the Director and require full compliance with the review procedures in this section, if it deems, in its opinion, to be necessary for a full understanding of the proposed development and its impact upon surrounding areas and the Village;

4.

At the preapplication conference, the applicant may request relief from specific requirements of subsection (B) of this section. In response to that request, the Plan Commission may determine that:

(a)

All the requirements of subsection (B) of this section must be fulfilled; or

(b)

Relief should be granted from specific requirements of subsection (B) of this section. The Plan Commission shall indicate in writing the reasons for each waiver and such writing shall be delivered by the Plan Commission to the Director of the Department of Community Development, for attachment to the preliminary plan when it is filed with the Director by the applicant.

(B)

Preliminary plan: Following the preapplication conference, and pursuant to any relief from the specific requirements of this section being granted, the applicant may file a preliminary plan with an application or petition for a special use for planned unit development. The items of general information listed in subsection (B)1. of this section and the maps, plats and graphics listed in subsection (B)2. of this section constitute the minimum requirements for the contents of a preliminary plan. The applicant should feel free to supplement the list with whatever materials the applicant may deem appropriate to illustrate compliance with the regulations of this title and in particular with the evaluation factors set forth in section 10-7-7 of this title:

1.

General information:

(a)

The name, address and phone number of the owner and applicant, pursuant to section 10-10-10 of this chapter;

(b)

Accurate legal description of the property to be subject to the planned unit development, its common address and permanent index number;

(c)

Present zoning classification for the property to be subject to the planned unit development;

(d)

The type of planned unit development being requested, residential or commercial;

(e)

A listing of each separate use to be contained within the proposed planned unit development;

(f)

A listing of any proposed deviations from all Village regulations or standards, including, by way of illustration and not limitation, this title, the Subdivision Regulations Ordinance, Building Codes, other development codes or business regulations, together with an explanation of the reasons deemed by the applicant to justify the requested deviation;

(g)

A quantitative summary including, but not limited to, the following required items:

(1)

Acreage or square footage of the property proposed to be subject to the planned unit development (subject parcel);

(2)

Acreage or square footage for each proposed use area of land, including identified usable open space;

(3)

Floor area ratios for each use;

(4)

Residential density including tabulation by use, area and dwelling type of the number of dwelling units and bedrooms per unit, the units per acre or area per unit in estimated population;

(5)

Number and locations by use area of parking spaces;

(6)

Areas of designated or commonly owned and maintained open space as required by section 10-7-4 of this title;

2.

Maps, plats and graphics:

(a)

Survey: An accurate survey drawn to scale, prepared by an Illinois registered land surveyor and showing the boundary dimensions of the property to be subject to the planned unit development (subject property) including locations and dimensions of all existing public ways contiguous thereto;

(b)

Existing site conditions: A map or plat drawn to scale and illustrating existing land conditions including existing topography, with contour intervals of not less than two feet, obtained from a field survey and referenced to an approved bench mark, existing tree cover over ten inches in diameter, location of any soil borings or seepage tests, existing water related features, prominent vegetation, unique soil conditions and other environmental data;

(c)

Surrounding conditions: A map or plat illustrating the use, type, elevation and location of all properties and improvements thereon within 250 feet of the perimeter of the subject property;

(d)

Preliminary planned unit development plat: An accurate dimensioned plat of the subject property showing at least the following information:

(1)

Each proposed use area and arrangement of all buildings and structures therein, including location, height, size and relative distances;

(2)

The proposed location, size, height, elevations and orientation of all signs;

(3)

The proposed number and arrangement of all off street parking and loading spaces, location and width of driveways, entrances and exits and their relationship to existing streets;

(4)

All areas to be maintained as permanent designated open areas or recreational facilities as required by section 10-7-4 of this title;

(5)

The proposed location for public parks, public playgrounds, public schools, commonly owned community buildings and open areas other than those required by section 10-7-4 of this title;

(6)

The proposed location and dimensions of all pedestrian walkways; and

(7)

The proposed location and dimensions of all streets, vehicular accesses or driveways;

(e)

Grading and landscape plan: A site plan drawn to scale and illustrating all excavation and/or filling of the property together with a preliminary plan for the revegetation and formal landscaping of the site, including location and type of plant materials to be used and indicating which existing plant materials are to remain or be moved on the site;

(f)

Utility and drainage plan: A proposed site plan illustrating existing and proposed underground utilities, including gas mains, electric transmission lines, telephone lines, water distribution lines, sanitary sewers, storm sewers, cable communication lines and the like, with pipe size and direction of flow being shown, the location and topography of all drainage retention facilities and a drainage plan with sufficient control grades to indicate the intent of the drainage plan, and the location and size of any public rights-of-way for the widening, extension or connection of major streets, the installation and maintenance of private or public utilities or emergency access areas;

(g)

Building plans: Preliminary building plans for all buildings, other than detached single-family dwellings, including proposed floor plans, exterior elevations, cross sections, perspective drawings, and outline specifications of the type of building materials, type of wall and roof construction and type of pavement and surfacing materials proposed to be used (in lieu of preliminary building plans for single-family dwellings, proposed architectural guidelines for the construction of single-family dwellings shall be provided);

3.

Supporting documentation:

(a)

A statement signed by the owners of the property describing the arrangements by which the owners propose to regulate use of the property and otherwise ensure development in accordance with the Comprehensive Plan;

(b)

A cost revenue study showing both the immediate and long term effects of the development on schools and municipal services, including a letter signed by the superintendents of affected school districts, or other appropriate official of the districts, and any affected park districts, public library, fire department or other public body, indicating the developer has notified the district or public body of the proposed development and its proposed effect on school enrollment or the services provided by the district or public body;

(c)

A traffic analysis prepared by a registered professional engineer who is skilled in the science of traffic engineering, indicating the estimated traffic to be generated by the complete development of the project, with said estimate shown for the average week, 24-hour period, and for the peak morning and evening traffic hours. The impact of this new traffic on existing traffic in the vicinity of the project shall be appraised and a list submitted of new street construction and new traffic control measures required to accommodate the estimated traffic increases;

(d)

An environmental impact study including air quality and water quality data;

(e)

For land which was outside the Village limits on September 26, 1972, a natural resource analysis report from the Kane-DuPage soil and water conservation district shall be provided, prior to any scheduled public hearing date;

(f)

Any soil boring or seepage tests, or other tests or information concerning existing land or environmental conditions;

(g)

A statement of economic justification or a market analysis of proposed uses in the planned unit development;

(h)

A proposed draft of covenants, conditions and regulations to assure proper maintenance and repair of, and to provide for maintaining adequate personnel to assure security of, all areas and facilities under common ownership, including, but not limited to, common area utilities, designated open areas, recreational facilities and drainage facilities, with provisions for the payment for such maintenance, repairs and security and enforceability thereof, by or on behalf of the Village. The proposed draft shall include, where appropriate, any proposed charter and/or bylaws of an association for owners or tenants within the planned unit development and/or a copy of any proposed condominium, townhouse, recreation or easement or other operating documents;

(i)

A statement indicating the preliminary time schedule for development and construction of the entire project;

(j)

A statement indicating the stages, if any, which will be followed in carrying out construction of the proposed planned unit development, and interim use and maintenance of areas not under construction at any given time;

(k)

Evidence of the capability of the proposed developers to implement the general type of development proposed in the planned unit development documents;

(l)

A written statement providing that the owners and developers agree to be bound by the covenants, conditions and regulations proposed by the applicant and further agree to register such agreements with the DuPage County Recorder of Deeds, which statement shall be signed by all owners of record and the applicants and filed with the Director, Department of Community Development, before any public hearing on the preliminary plan will be conducted by the Plan Commission;

(C)

Approval of preliminary plan:

1.

Upon receipt of the preliminary plan documents, as defined herein, the Director, Department of Community Development, shall make record thereof, and within three days thereafter, shall transmit said preliminary plan to a development committee consisting of the Director, Department of Community Development, who shall act as the Chairman of the Development Committee, the Building and Zoning Official, Director, Department of Public Works, the Chairman of the Plan Commission or his designee, and any other technical person or persons as may be invited by the Chairman of the Development Committee;

2.

Within five days after receipt of a preliminary planned unit development, the Chairman of the Development Committee shall notify the members thereof and the applicant of the date, place and time of a meeting to review said preliminary plan for the purpose of determining compliance with the requirements of subsection (B) of this section. The meeting of the Development Committee shall be held no less than 15 days after mailing of the notice thereof;

3.

Within 30 days after the meeting with the applicant, the Development Committee shall complete its review of the preliminary plan and shall prepare a written report noting any deficiencies of the application, which report shall be filed with the Village Clerk;

4.

Upon completion of the report of the Development Committee, the Director, Department of Community Development, shall transmit the report and preliminary plan documents to the Chairman of the Plan Commission. The Plan Commission, at its next scheduled meeting, shall review the preliminary plan documents and written report of the Development Committee to determine whether all necessary information has been filed, as required by this Zoning Code.

The Plan Commission shall give written notice to the applicant of any deficiencies in the preliminary plan documents and shall allow him such time as he may request within which to correct such deficiencies. A copy of such notice shall be filed with the Director, Department of Community Development.

5.

The Plan Commission shall establish the time for and conduct a public hearing concerning the preliminary plan, after giving due notice as provided in section 10-10-11 of this chapter. Within 90 days following the conclusion of the public hearing, the Plan Commission shall make written findings concerning the evaluation factors set forth in section 10-7-7 of this title and make its recommendations to the Village Board for final action with reference to the preliminary plan. Further, since planned developments are special uses, no planned development shall be recommended by the Plan Commission unless the Plan Commission shall also make the findings in accordance with subsection 10-10-14(E) of this chapter;

6.

The Village Board, after receipt of the preliminary plan of the planned unit development and the findings and written recommendations of the Plan Commission, may approve, with or without modification or conditions, disapprove, or disapprove with recommendations to the applicant, such planned unit development by ordinance. The Village Board may require such special conditions in the approval of the planned unit development as it may deem necessary to ensure conformity with the intent of all elements of the Comprehensive Plan and the stated purposes for planned developments. Planned unit developments shall be approved only by ordinance containing findings and setting forth the specific terms of relief, with reference to exhibits presented during the public hearing before the Plan Commission and made a part of the permanent records of the Plan Commission;

7.

Approval of a preliminary plan of a planned unit development by ordinance of the Village Board shall not constitute approval of any final development plan, rather it shall be deemed an expression of approval of the layout submitted as a preliminary guide to the preparation of the final development plan. The planned unit development shall thereafter be developed essentially in accordance with any condition and exhibits presented as part of the preliminary plan documents and in accordance with the procedures established in this title. No building permit shall be issued for any building or structure in the planned unit development unless a final development plan has been approved and filed with the Recorder of Deeds. Neither a preliminary plan nor a final development plan shall be a substitute for a preliminary or final plat of subdivision as may be required by the Glen Ellyn Subdivision Regulations Ordinance;

(D)

Final plan:

1.

The final development plan or plans shall be filed with the Director, Department of Community Development, within six months after the passage and approval of an ordinance approving a preliminary plan, or within such extension thereof as may be granted by the Village Board. Failure to file the final plan within the prescribed time shall void approval of the preliminary plan. The final plan shall conform with the preliminary plan, including any conditions imposed by the Village Board;

2.

The final development plan documents (final plan) shall include:

(a)

Final architectural and engineering plans and specifications for all development, except plans for detached single-family homes;

(b)

Plans and specifications for all utilities, roadway improvements and drainage, including by way of example and not limitation, all sanitary sewer lines, storm sewer lines, water distribution lines, underground telephone, gas and electric lines, lot and block or site drainage, roads, roadways and walkways;

(c)

If the development constitutes the subdivision of lands, as defined in the Subdivision Regulations Ordinance, then the final development plan shall include the final plat of subdivision meeting all Village subdivision regulations;

(d)

An accurate legal description of each unsubdivided area, including any common open space or area to be dedicated as open space;

(e)

A dimensioned plat drawn to scale and accurately locating all buildings to be constructed and designating the special uses to which each building or land area shall be put;

(f)

Final version of the covenants by which the owner or developer proposes to regulate land and buildings, assure adequate maintenance and security and otherwise protect the proposed development, accompanied by the written representation and warranty of the owner, in form and substance satisfactory to the attorney for the Village, to the effect that said owner of the real property which is the subject of the proposed development will not sell or otherwise dispose of any interest in said property prior to the filing of record of said covenants in the office of the Recorder of Deeds in DuPage County, Illinois;

(g)

Such deeds or easement agreements, if any, as are required or approved by the Village Board to convey a suitable ownership interest in any parcels within the proposed development which are to be subject to public ownership by the Village or other public body;

(h)

Final construction schedule, stating the date scheduled for final completion of construction work on all buildings, structures, facilities and features within the proposed development;

(E)

Approval of final plan:

1.

A request for approval of a final plan shall be filed with the Director, Department of Community Development, at the same time as the filing of the final plan documents, with the request being in such form and containing such information as shall be established from time to time by the Plan Commission;

2.

Upon receipt of a request for approval of a final plan, the Director, Department of Community Development, shall transmit the same to the Plan Commission prior to its next regularly scheduled meeting;

3.

The Plan Commission shall review the final plan to determine whether all necessary information has been filed as required by this title and shall, within 60 days of receipt of a complete set of the final plan documents, make its findings and recommendations to the Village Board. If the Plan Commission finds that the final plan documents contain substantial deviations from the approved preliminary plan, then the Plan Commission may recommend to the Village Board that the applicant resubmit a revised preliminary plan in accordance with subsection (B) of this section;

4.

The Village Board, after receipt of the findings and recommendations of the Plan Commission concerning a final plan shall approve, with or without modifications or conditions, disapprove or disapprove with recommendations to the applicant, the final plan, pursuant to the standards set forth in subsection (D) of this section;

5.

The final plan, as approved by the Village Board, shall constitute the final land use and zoning plat and shall be filed with the DuPage County Recorder of Deeds. No permit allowing construction of a building or any other improvements shall be issued until the final plan is recorded. All recording costs shall be paid by the applicant. No building permit, zoning certificate or occupancy certificates shall be issued for any building or use that is not in accordance with an approved final plan for any property affected by an approved final plan;

6.

The Village may require as a condition of the issuance of a building permit that the applicant file a surety bond or letter of credit or escrow a cash deposit to insure the completion of the project as approved within the period specified. Such bond, letter of credit or escrow agreement shall be deposited in the manner provided by section 11- 5-2 of this Code;

7.

Any application for a planned unit development which has been denied wholly or in part by the Village Board shall not be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Plan Commission or unless the final plan was disapproved with recommendations to the applicant and the newly submitted final plan conforms to said recommendations;

(F)

Changes after approval of final plan:

1.

After approval of the final plan, any requested change in or deviation from the final plan shall be reviewed in the same manner as a new planned unit development, with the exception of the requirement for a preapplication meeting. The Community Development Director may at his or her discretion allow the proposed amendments to the preliminary and final planned unit developments plans to be reviewed simultaneously. The applicant shall be required to advise the Director of Community Development of the existence and address of any property owners' association related to the subject property, and shall provide proof that such property owners' association was given notice in advance of any proposed changes or deviations to the approved final plan and of the procedure to be followed with respect to such proposed changes or deviations;

2.

In the case of a residential planned unit development where five years after the date of the Village Board ordinance approving the final plan have elapsed and where in excess of 80 percent of the single-family home lots have been developed in the entire planned unit development or in an identified phase thereof, all requested variations to bulk regulations applicable to single-family residential lots shall be addressed by the Zoning Board of Appeals in accordance with the procedures established for variations in this title.

(Ord. 3617, 5-8-1989, eff. 6-1-1989; amd. Ord. 3953, 9-28-1992; Ord. 5543, 1-22-2007; Ord. 6015, 3-26-2012; Ord. 6520, 7-24-2017; Ord. 6601, 5-14-2018; Ord. 6674, 2-25-2019)

(A)

An approval pursuant to the provisions of this title of a variation, special use or special use for planned unit development shall become null and void should a building permit to begin construction not be applied for within 24 months of the approval by ordinance, unless this time limit is expressly extended by the Village Board by ordinance in accordance with subsection (D) of this section.

(B)

A project pursuant to an approved map amendment, variation, special use or special use for planned unit development, called the proposal, shall be subject to the following construction requirements:

1.

Construction must begin within 24 months of the approval by ordinance or in accordance with an approved construction schedule;

2.

Construction must be continuous and may not be discontinued for a period of 180 days or more;

3.

The approved use must occupy the site within 180 days of the date of approval or 120 days post completion of construction, whichever is later.

These time limitations may be extended in accordance with subsection (D) of this section.

(C)

In any case in which any of the conditions listed in subsection (B) of this section have occurred, the body (Plan Commission or Zoning Board of Appeals) which made the original recommendation regarding the proposal may initiate a public hearing after due notice in accordance with section 10-10-11 of this chapter has been given and written notice sent to the applicant at the address contained in the application to consider the following actions:

1.

Granting a further extension of the proposal;

2.

Modifying the proposal;

3.

Terminating the proposal and requiring the developer to remove associated structures; or

4.

In the case of a map amendment, rezoning the property.

The findings and recommendations of the reviewing body shall be forwarded to the Village Board for their consideration and final action.

(D)

Upon the request of the applicant, the Community Development Director shall have the authority to grant one 12-month extension of a previously approved Zoning Code variation, special use permit or special use permit for a planned unit development based upon the review and approval of appropriate justification submitted by the applicant. The Community Development Director shall have no obligation to grant any such extension and may at his or her discretion forward the request to the Village Board for consideration and action. Any subsequent requests for extensions shall be acted on by the Village Board by ordinance.

(Ord. 5887, 9-13-2010; Ord. 6674, 2-25-2019)

(A)

Fees: The fee schedule for all administrative procedures and applications for benefits or relief under this title shall be as established by the Village Board.

Note: In those situations when single-family residential petitions require both a zoning variation and a special use, the petitioners will be charged only the higher of the two fees.

(B)

Deposits: Each application for a planned unit development, commercial special use, commercial variation, subdivision, and any development project larger than five acres made by the owner of the property or his authorized representative to the Director of the Community Development Department shall include an agreement to reimburse the Village for out of pocket costs associated with this development. These out of pocket costs will cover services provided by the Village's consulting engineer, consulting attorney, consulting planner, appraiser and transcriber, as well as reproduction costs, recording costs, etc.

The agreement shall be accompanied by an initial deposit in an amount to be determined by the Community Development Director but no less than $1,000.00. The Village will provide an itemized list of Village expenses related to this development, and the applicant will deposit funds to reimburse the Village for those expenses on a monthly basis. If the expenses are not reimbursed, then reviews associated with out of pocket costs will cease, and the application will not be moved forward through the review process. At the completion of the review process, and following development of the project, if appropriate, any remaining balance from the deposit will be returned to the petitioner, without interest, after all expenses have been paid.

(Ord. 3617, 5-8-1989, eff. 6-1-1989; amd. Ord. 4094, 2-28-1994; Ord. 4342, 1-22-1996; Ord. 4425, 10-14-1996; Ord. 6674, 2-25-2019)

(A)

Any person, persons, firm or corporation or anyone acting in behalf of said person, persons, firm or corporation, who violates the terms of this title shall be guilty of a petty offense punishable by a fine not to exceed $500.00 for each week the violation remains uncorrected with each week or part thereof constituting a separate offense. The imposition of any sentence shall not exempt the offender from compliance with the requirements of this title;

(B)

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this title, the proper authorities of the Village or any person whose property value or use is or may be affected by such violation may, in addition to other remedies, institute an appropriate action or proceeding in equity to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about the premises, and such violation shall subject the owners or party in interest to the penalties set forth within the ordinances of the Village including, but not limited to, those set forth in this subsection and subsection (A) of this section and such other enforcement powers as the Village shall possess by law or by ordinance.

(Ord. 3617, 5-8-1989, eff. 6-1-1989; amd. Ord. 4425, 10-14-1996)

The zoning ordinances of the Village are hereby revised and amended in their entirety, effective June 1, 1989, by the substitution in lieu thereof of this title to be known as the Glen Ellyn Zoning Code, passed and approved by the corporate authorities of the Village on May 8, 1989, as Ordinance 3617.

(Ord. 3617, 5-8-1989, eff. 6-1-1989)