Zoneomics Logo
search icon

Glendale Heights City Zoning Code

CHAPTER 3

ADMINISTRATION AND ENFORCEMENT

11-3-1: ZONING ADMINISTRATOR:

   A.   Enforcement Authority:
      1.   The zoning administrator, or his deputy, is hereby authorized to enforce this title. In discharging this responsibility, the zoning administrator shall:
         a.   Receive and, if necessary, forward to the Planning and Zoning commission, as appropriate, the applications and notices required by this title.
         b.   Issue permits or certificates provided for herein.
         c.   Maintain records of applications filed, permits and certificates issued, inspections made, reports rendered, and notices or orders issued under the provisions of this title.
         d.   Conduct inspections of structures and uses to determine compliance with this title.
         e.   Notify in writing the owner of record and/or any party believed to be responsible for violation of any provision of this title and order action to correct the violation.
         f.   Provide clerical or technical assistance to the Planning and Zoning commission. duties.
         g.   Request the assistance and cooperation of other village officials, departments, boards, or commissions, or other agencies as necessary in the discharge of his or her duties.
         h.   Procure such engineering, planning, or legal assistance from technical experts outside the village government as may be necessary to discharge his or her duties and as is authorized by the village board.
         i.   Review all applications for certificates of zoning compliance and certificates of occupancy and approve or disapprove such applications and issue or refuse to issue such certificates based on compliance or noncompliance with the provisions of this title.
         j.   Prepare and cause to be published on or before January 31 of each year a Zoning District Map as amended through December 31 of the preceding year.
         k.   Attend all meetings of the Planning and Zoning Commission.
      2.   The director of community development shall serve as zoning administrator.
   B.   Deputy Zoning Administrator: In the event the zoning administrator is unavailable or unable to perform his duties, the Director of Community Development may designate a deputy zoning administrator to perform the duties of the zoning administrator on a temporary basis. (Ord. 2016-32, 6-2-2016; amd. Ord. 2023-52, 9-7-2023)

11-3-2: PLANNING AND ZONING COMMISSION:

   A.   Authority.
      1.   The Planning and Zoning Commission of the Village is the "Plan Commission" as referred to in Title 2, Chapter 1, and the "Zoning Administrator - Variance Hearings" in this chapter and all other ordinances of the Village. The Planning and Zoning Commission shall consist of seven (7) members, or such number as the Village Board of Trustees may determine is necessary from time to time.
      2.   The Planning and Zoning Commission is hereby vested with the power and responsibility as outlined herein as well as within Title 2, Chapter 1 of the Village of Glendale Heights Municipal Code to:
         a.   Conduct hearings and make recommendations to the Village President and Board of Trustees on all:
            (1)   Amendments to Title 11 (Zoning) and Title 12 (Subdivision Regulations);
            (2)   Conditional uses, including Planned Unit Developments;
            (3)   Variances to Title 11 (Zoning) and Title 12 (Subdivision Regulations);
            (4)   Map amendments/zoning reclassifications;
            (5)   Amendments to the Village's Comprehensive Plan; and
            (6)   Preliminary and Final Plats of Subdivision, Re-subdivision, and Consolidation.
         b.   Keep written minutes of its proceedings, which shall be a public record;
         c.   Adopt by-laws and any other procedural rules consistent with this and other Village ordinances and state statutes;
         d.   Hear all other matters referred to it by the Village President and Board of Trustees;
         e.   Prepare and recommend to the Village President and Board of Trustees a Comprehensive Plan and any additional plans for the development and redevelopment of the Village and its extraterritorial planning jurisdiction;
         f.   Prepare and recommend to the Village President and Board of Trustees proposals for specific improvements to carry out Village plans;
         g.   Cooperate with county and regional planning commissions and other groups to promote coordinated planning; and
         h.   Carry out any other function concerning land subdivision or other matters that may be conferred upon it by the Village subdivision control ordinance or any other Village ordinance.
   B.   Appointments. The Village President shall, with the advice and consent of the Village Board of Trustees and in a manner consistent with the standards herein and set forth in Title 2, Chapter 1:
      1.   Appoint all members;
      2.   Appoint a new member to fill the unexpired term of any member whose place has become vacant and appoint a new Chairman should that office be vacated;
      3.   Have the power to remove any member with a majority vote of approval by the Village Board of Trustees;
      4.   Appoint such alternate members as may be necessary to act as alternates to the regularly appointed members who may be conflicted out of consideration of certain issues or as may be necessary to ensure that a quorum is present at each scheduled hearing; and
      5.   Original appointments shall be made with staggered terms of two (2) and four (4) years; however, the original appointment of the Chairman shall be a four-year term. All successor appointments shall be for a four-year term.
   C.   Meetings.
      1.   All meetings shall be held at the call of the Chairman and at such other times as the Planning and Zoning Commission shall determine. All meetings shall be open to the public and shall be called and held in compliance with the Illinois Open Meetings Act, 5 ILCS 120/ et seq.
      2.   The Planning and Zoning Commission shall keep minutes of its proceedings. The minutes shall show the vote, or absence or abstention, of every member upon every official action, and shall be a public record on file in the office of the Village Clerk.
      3.   Any Commission member absent during the proceedings before the Commission who certifies that he or she has read the meeting minutes, transcript or listened to a tape recording of said proceedings may vote to approve said minutes or on any question heard at any subsequent proceedings.
   D.   Stipend. Commission members shall be issued a stipend for each meeting attended at a rate determined by the President and Board of Trustees. (Ord. 99-02, 1-7-1999 ; amd. Ord. 2023-52, 9-7-2023 )

11-3-3: BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY:

   A.   Building Permit Required: It shall be unlawful to commence the construction, alteration, repair, removal, or demolition of any structure in the village without obtaining a building permit from the village.
   B.   Certificate Of Occupancy:
      1.   Required: It shall also be unlawful to occupy or use any structure in the village, in whole or in part, without obtaining a certificate of occupancy from the village. (Ord. 99-02, 1-7-1999)
      2.   Time For Issuance Or Denial: The zoning administrator shall either issue or deny a certificate of occupancy within ten (10) days of application therefor.
   C.   Compliance Required For Issuance: The zoning administrator shall not issue a building permit or certificate of occupancy unless he or she has certified that the property for which the permit or certificate is sought complies with all applicable provisions of this title and with other applicable codes and ordinances of the village. (Ord. 99-02, 1-7-1999; amd. 2011 Code)

11-3-4: CERTIFICATE OF ZONING COMPLIANCE:

   A.   Certificate Required; Exemptions:
      1.   Except where expressly waived by another provision of this title, a certificate of zoning compliance shall be obtained from the zoning administrator in the following situations:
         a.   The construction, reconstruction, remodeling, alteration or moving of any structure;
         b.   The use of land, vacant on the effective date hereof, for any purpose except the raising of crops;
         c.   The grading, excavation or improvement of land preliminary to any construction on or use of such land;
         d.   The issuance of building or other permits pertaining to the construction, reconstruction, remodeling, alteration or moving of any structure or the use of any land or structure; and
         e.   The use of a residence for a home occupation.
      2.   In any case where a certificate of zoning compliance is not required under this title, the zoning administrator shall, on written request, issue a certificate of such fact. (Ord. 99-02, 1-7-1999)
   B.   Application For Certificate:
      1.   No application for a zoning variation, a conditional use permit, or an amendment, or for approval of a planned unit development concept plan shall be processed unless an application for a certificate of zoning compliance shall have been issued, or denied solely on one or more grounds that form the basis for the applications referenced above. It is the intent of this section that no application, as referenced above, shall be processed until the zoning administrator is satisfied that the proposed use or development complies with the provisions of this title in all respects except those within the scope of such application. (Ord. 99-02, 1-7-1999; amd. 2011 Code)
      2.   All applications for a certificate of zoning compliance shall be filed with the office of the zoning administrator or with such other village official or body as the zoning administrator may, by administrative order, designate.
      3.   Every application for a certificate of zoning compliance shall provide the following information, if applicable:
         a.   A description or graphic representation of any development or construction that will occur or any use that will be established or maintained if the requested relief is granted.
         b.   A table showing the following, as applicable:
            (1)   The total lot area of the subject property, in both acres and in square feet;
            (2)   The total existing and proposed lot area, expressed in acres, in square feet and as a percent of the total development area, devoted to residential uses, by type of structure, commercial uses, office uses, industrial uses and institutional uses, open space, rights of way, streets, and off street parking and loading areas; and
            (3)   The existing and proposed:
               (A)   Number of dwelling units, by number of bedrooms and dwelling unit gross floor area; and
               (B)   Gross and net floor area devoted to residential uses, commercial uses, office uses, industrial uses, institutional uses and recreational uses.
         c.   A table listing all bulk, space and yard requirements, all parking requirements, and all loading requirements applicable to any proposed development or construction and showing the compliance of such proposed development or construction with each such requirement. Where any lack of compliance is shown, the reason therefor shall be stated, and an explanation of the village authority, if any, to approve the application despite such lack of compliance shall be set forth.
         d.   The certificate of a registered architect or civil engineer licensed by the state of Illinois, or of an owner-designer, that any proposed use, construction or development complies with all the provisions of this title and other village ordinances or complies with such provisions except in the manner and to the extent specifically set forth in said certificate.
   C.   Review Of Application: Within ten (10) days following receipt of a completed application for a certificate of zoning compliance, the zoning administrator shall cause the application and related submissions to be reviewed for compliance with this title and shall inform the applicant whether the application has been granted or denied.
   D.   Approval And Issuance Of Certificate: In any case where an application is granted, the zoning administrator shall issue a certificate of zoning compliance, which shall state on its face, in bold type, that:
THIS CERTIFICATE DOES NOT SIGNIFY BUILDING CODE REVIEW OR APPROVAL AND IS NOT AUTHORIZATION TO UNDERTAKE ANY WORK WITHOUT SUCH REVIEW AND APPROVAL WHERE EITHER IS REQUIRED. SEE            OF THE GLENDALE HEIGHTS MUNICIPAL CODE FOR DETAILS.
BEFORE ANY STRUCTURE TO WHICH THIS CERTIFICATE IS APPLICABLE MAY BE OCCUPIED OR USED FOR ANY PURPOSE, A CERTIFICATE OF OCCUPANCY MUST BE OBTAINED. SEE SECTION              AND SECTION                 OF THE GLENDALE HEIGHTS MUNICIPAL CODE FOR DETAILS.
   E.   Denial Of Certificate:
      1.   In any case where an application is denied, the zoning administrator shall state specific reasons therefor and shall cite the specific provisions of this title upon which such denial is based. If relief from such demand would be available pursuant to a companion application filed in connection with the application for a certificate of zoning compliance, the zoning administrator shall so inform the applicant and shall promptly process such companion application. If such application is approved, the administrator shall issue the requested certificate of zoning compliance in accordance with the terms and conditions of such approval.
      2.   If relief from the zoning administrator's denial of a certificate of zoning compliance would be available by variation, conditional use permit or other review, but no application therefor has been filed, the zoning administrator shall so state and shall refer the applicant to the appropriate provisions of this title.
   F.   Contents Of Certificate: Each certificate of zoning compliance issued pursuant to this section shall state the specific use of the subject property for which it is issued; shall identify the specific plans, if any, pursuant to which it is issued; and shall set forth any conditions imposed in connection with any approval granted pursuant to this title.
   G.   Public Record Of Certificates: Every certificate issued pursuant to this section shall be kept on file in the office of the zoning administrator and shall be a public record open to inspection in accordance with the provisions of the Illinois freedom of information act.
   H.   Scope Of Certificate Restricted: The issuance of a certificate of zoning compliance shall not authorize the establishment, expansion or extension of any use nor the development, construction, relocation, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any additional permits and approvals that may be required by the codes and ordinances of the village, including, but not limited to, a building permit, a certificate of occupancy and subdivision approval.
   I.   Expiration Of Certificate: Subject to an extension of time granted by the zoning administrator, a certificate of zoning compliance shall become null and void six (6) months after the date on which it was issued unless, within such period, construction, reconstruction, remodeling, alteration or moving of a structure is commenced or a use is commenced.
   J.   Voiding Certificate: Any certificate of zoning compliance issued in violation of the provisions of this title, whether intentionally, negligently or innocently, shall be deemed void ab initio and shall give rise to no rights whatsoever. (Ord. 99-02, 1-7-1999)

11-3-5: REQUIREMENTS FOR ALL APPLICATIONS:

The requirements of this section shall apply to all applications submitted under the provisions of this title, including applications for variances and zoning amendments.
   A.   Optional Concept Plan Review:
      1.   Prior to filing an application, an applicant may request a prefiling conference or concept plan review with the Planning and Zoning commission. An application for said action, together with the filing fee as set forth in Title 1, Chapter 15, Section 1-15-1 of this Code, shall be submitted to the zoning administrator.
      2.   At the conference, the applicant may outline his proposed project and submit preliminary information such as a concept plan. The Planning and Zoning commission shall advise the applicant concerning in what respects his proposal conforms to applicable village plans and ordinances and to desired standards of design.
   B.   Disclosure Of Interest:
      1.   The party signing the application shall be considered the applicant.
      2.   An applicant must be the fee owner, trustee, beneficiary, contract purchaser, lessee, or option holder of the affected property or his or her agent or nominee.
         a.   Applicant Not Fee Owner: If the applicant is not the fee owner of the affected property, the application shall disclose the full names, addresses, and telephone numbers of all owners.
In addition, an affidavit of the fee owner or owners shall be filed with the application stating that the applicant has authority to make the application.
         b.   Applicant Or Fee Owner Is Corporation: If either the applicant or the fee owner is a corporation, the application shall disclose the names and addresses of the corporation's officers, directors, registered agents, and those shareholders owning in excess of five percent (5%) of the outstanding stock or interest in the corporation.
         c.   Applicant Is Trustee: If the applicant is a trustee, the full name, address, telephone number, and extent of interest of each beneficiary must be disclosed in the application.
         d.   Applicant Is Beneficiary, Agent Or Nominee: If the applicant is a beneficiary, agent, or nominee, the application must disclose the names, addresses, and telephone numbers of those parties on whose behalf he or she is acting.
         e.   Applicant Is Option Holder Or Contract Purchaser: If the applicant is an option holder or contract purchaser, a valid (unexpired, fully executed, enforceable), noncontingent (except for zoning and financing approval) contract or option to purchase the premises for which the application is being filed shall be submitted.
      3.   Disclosure of present ownership interests shall be accompanied by a certified statement of proposed ownership of all land.
   C.   Public Notice:
      1.   An applicant for any zoning action that requires a public hearing must provide notice of such hearing to owners of surrounding property.
      2.   The required notice shall consist of the following actions:
         a.   Sign Display:
            (1)   The applicant shall post a sign in the front yard of the affected property, facing a public street and no further than thirty feet (30') therefrom. In the case where the Village is the applicant and the property owner does not consent to the erection of the sign, the sign shall be posted on public property adjacent to the property.
            (2)   The sign shall state "Notice of Public Hearing" and "contact information for the zoning action requested".
            (3)   The sign shall be erected no less than fifteen (15) days prior to the date of the scheduled public hearing and remain continuously in place until the public hearing is concluded but no more than ten (10) days thereafter.
         b.   Written Notification:
            (1)   The applicant shall also provide written notice of the public hearing to the owners of record of each parcel of real estate within two hundred fifty feet (250') in all directions from the boundaries of the property affected by the application.
            (2)   All public rights-of-way shall be excluded in calculating the two hundred fifty foot (250') notice area.
            (3)   The owners of record, for this purpose, shall be considered those appearing on the records of the County Recorder of Deeds or those who paid Property Taxes for the most recent year according to the records of the Township Assessor.
            (4)   The written notice shall be delivered not more than thirty (30) nor less than fifteen (15) days prior to the scheduled date of the public hearing.
            (5)   The written notice shall be substantially in the form of notice provided by the Village Clerk. It shall contain:
               (A)   The name and address of the applicant.
               (B)   The street address and legal description of the property affected by the application.
               (C)   The type of zoning action requested.
               (D)   The date, time, and location of the public hearing thereupon.
            (6)   The notice shall be delivered in person or by certified mail, return receipt requested. In either case, the signatures of those receiving the notice, in the form of postal return receipts or otherwise, shall be obtained and filed with the Zoning Administrator prior to the public hearing.
            (7)   In addition, the applicant shall file an affidavit stating that he or she has complied with all notice requirements, together with a copy of the written notice sent and a list of the names and addresses of all property owners within the two hundred fifty foot (250') notice area.
         c.   Newspaper Publication: The Zoning Administrator shall publish a notice of the public hearing in a newspaper of general circulation in the Village at least fifteen (15) days but no more than thirty (30) days before the scheduled date of the hearing.
   D.   Fees:
      1.   Fee Established; Liability For Fee; Lien:
         a.   Every application filed pursuant to this title shall be subject to a nonrefundable filing fee in the amount set forth in Title 1, Chapter 15, Section 1-15-1 of this Code.
         b.   The owner of the property which is the subject of the application and, if different, the applicant, shall be jointly and severally liable for the payment of said fee. By signing the application, owner shall be deemed to have agreed to pay such fee and to consent to the filing and foreclosure of a lien on the subject property to ensure collection of any such fee, plus the costs of collection, which has not been paid within thirty (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 subsection D1b may be foreclosed in the manner provided by statute for mortgages or mechanics' liens.
      2.   Complete Applications, Approvals And Permits; Time Periods:
         a.   No application filed pursuant to this title shall be considered complete unless and until all fees due, pursuant to Title 1, Chapter 15, Section 1-15-1 of this Code, have been paid.
         b.   The failure to fully pay any such fee 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 relates.
      3.   Exemptions: The provisions of this subsection shall not apply to, and no fee shall be required of, any public body or agency deriving the majority of its revenues from taxes levied within the village. (Ord. 99-02, 1-7-1999; amd. 2011 Code; Ord. 2014-62, 10-16-2014; Ord. 2018-99, 12-13-2018; Ord. 2023-52, 9-7-2023; Ord. 2024-23, 3-21-2024)

11-3-6: APPEALS:

   A.   Authority To Appeal: Any party aggrieved by an administrative order, requirement, decision, or determination made under this title by the zoning administrator or other authorized administrative official may appeal to the village board. (Ord. 99-02, 1-7-1999; amd. 2011 Code)
   B.   Notice Requirements: A notice of appeal shall be filed with the zoning administrator within forty five (45) days of the order or decision being appealed. The notice of appeal shall contain:
      1.   The name, address, and telephone number of the party filing the appeal.
      2.   The location of the property affected by the decision being appealed.
      3.   Identification of the provision of this title governing the decision being appealed.
      4.   The reason given by the administrative official for the decision.
      5.   A brief summary of the factual evidence upon which the appeal is based.
      6.   A plot plan and verbal description of the use affected by the decision being appealed.
   C.   Information To Village Board: The zoning administrator shall forthwith transmit the notice of appeal and the complete record of the decision to the village board. The village board shall fix a reasonable time for a hearing on the appeal and give a minimum of ten (10) days' notice to the party filing the notice.
   D.   Village Board Action: After the hearing, the village board shall take final action on the appeal, subject only to judicial review in accordance with applicable state statutes. A majority vote of all village board members shall be required for the village board to take action. (Ord. 99-02, 1-7-1999)

11-3-7: PENALTY:

Any party that violates, omits, neglects, or refuses to comply with or resists the enforcement of any provision of this title shall, upon conviction, be fined not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. (Ord. 99-02, 1-7-1999; amd. 2011 Code)

11-3A-1: PURPOSE:

A variation recognizes that the same district regulations do not affect all properties equally and is intended to provide relief from the strict terms of this title to property owners upon whom this title has imposed undue hardship or difficulty. (Ord. 99-02, 1-7-1999)

11-3A-2: APPROVAL PROCEDURE:

   A.   Optional Prefiling Conference:
      1.   Prior to filing an application for a variance, an applicant may request a prefiling conference with the zoning administrator. An application for the conference, together with the filing fee, shall be submitted to the zoning administrator.
      2.   At the conference, the applicant may outline his proposed variance and submit preliminary information. The zoning administrator shall advise the applicant concerning in what respects his proposal conforms to applicable village plans and ordinances and to desired standards of design.
      3.   In the event an application for a variance is subsequently filed, the conference filing fee will be credited toward the application filing fee.
   B.   Contents Of Application: An application for a variance for any property shall be filed with the zoning administrator and shall contain the following information:
      1.   The name, address and phone number of the applicant.
      2.   A complete disclosure of interests as provided under section 11-3-5 of this chapter.
      3.   A recent plat of survey (1 year or less) and legal description of the property, prepared by a registered land surveyor of Illinois, showing all improvements thereon as it exists as of the date of application.
      4.   A typewritten list of all property owners within two hundred fifty feet (250') of the property.
      5.   A site plan showing the proposed locations of all proposed structures, parking and loading areas, open spaces, landscaping, yards, refuse and service areas, utilities, signs, traffic accesses and circulation ways.
      6.   Architectural renderings or sketches illustrating the appearance of buildings or structures.
      7.   A narrative statement evaluating compliance with findings of fact for variances listed in this article.
      8.   Any other information the zoning administrator may require to determine if the variance meets the requirements herein.
   C.   Filing Fee:
      1.   All applications shall be accompanied by a nonrefundable filing fee as set forth in title 1, chapter 15, section 1-15-1 of this code.
      2.   No application shall be processed until the applicant has first exhibited a receipt of the village clerk showing payment of the filing fee.
   D.   Staff Review: The zoning administrator may, together with other departments and officials of the village, prepare a written overview of the application, provided such review is completed.
   E.   Public Hearing: Upon receipt of a complete and accurate application, the zoning administrator shall set a date for a public hearing before the Planning and Zoning Commission.
   F.   Public Notice: There shall be compliance with the public notice requirements provided in section 11-3-5 of this chapter.
   G.   Zoning Administrator Action: Within sixty (60) days after the close thereof, the zoning administrator shall submit to the Village Board the findings of fact of the Planning and Zoning Commission relating to the requirements for variances herein, a recommendation for action, and any conditions or restrictions relating to the recommendation. All recommendations shall require a majority vote of all village board members.
   H.   Village Board Action: The village board of trustees, upon receiving the recommendation from the Planning and Zoning Commission, may, by ordinance, without further public hearing, approve any variance or may refer it back to the Planning and Zoning Commission for further consideration. Any variance which fails to receive the approval of the Planning and Zoning commission shall not be passed except by the favorable vote of two-thirds (2/3) of the village board of trustees. (Ord. 99-02, 1-7-1999; amd. Ord. 2014-63, 10-16-2014; Ord. 2023-52, 9-7-2023; Ord. 2024-23, 3-21-2024)

11-3A-3: FINDINGS OF FACT:

In making a recommendation to the board of trustees for approval or conditional approval of a variance, the Planning and Zoning Commission shall transmit written findings that all of the following facts apply:
   A.   For reasons fully set forth in the written findings, the strict application of the provisions of this title would result in practical difficulties or particular hardship upon the applicant, as distinguished from mere inconvenience.
   B.   These special circumstances relate only to the land or building(s) for which a variance is sought and not to any business or activity the applicant carries on, or seeks to carry on, therein, nor to the personal, business, or financial circumstances of the applicant or any other party with interest in the property.
   C.   The granting of the variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity.
   D.   The granting of a variance will be in harmony with the general purpose and intent of this title and of the official comprehensive plan of the village.
   E.   The variance recommended by the Planning and Zoning Commission is the minimum required to provide the applicant with reasonable use and enjoyment of his property. (Ord. 99-02, 1-7-1999; amd. 2011 Code; Ord. 2023-52, 9-7-2023)

11-3A-4: USE VARIANCES:

   A.   No variance shall be granted, in whole or in part, the effect of which would be substantially equivalent to a change in zoning district classification of a property, or that would permit any use not otherwise permitted in the applicable district.
   B.   If the zoning administrator finds that an amendment to this title rather than a variance is necessary to grant the applicant relief, it shall so advise the applicant and recommend to the Planning and Zoning commission that such action be taken. (Ord. 99-02, 1-7-1999; amd. Ord. 2023-52, 9-7-2023)

11-3A-5: CONDITIONS ON VARIANCES:

If the zoning administrator finds that an amendment to this title rather than a variance is necessary to grant the applicant relief, it shall so advise the applicant and recommend to the Planning and Zoning commission that such action be taken. (Ord. 99-02, 1-7-1999; amd. Ord. 2023-52, 9-7-2023)

11-3A-6: RIGHTS OF APPLICANTS AND PROPERTY OWNERS:

   A.   Applicants: Applicants for variances shall have the following rights, in addition to any others they may possess in law, at any hearing before the Planning and Zoning Commission:
      1.   To have subpoenas issued for persons to appear at the variance hearings and for the examination of documents by the person requesting the subpoena, either before or at the variance hearings, in accordance with the provisions and limitations provided in state statute.
      2.   To cross examine all witnesses testifying.
      3.   To present witnesses on their behalf.
   B.   Property Owners: Property owners who object to the zoning application may, upon request, be granted one continuance for the purpose of presenting evidence to rebut testimony given by the applicant. The date of such continued hearing shall be at the discretion of the zoning administrator. (Ord. 99-02, 1-7-1999; amd. Ord. 2023-52, 9-7-2023)

11-3B-1: PURPOSE:

To adapt to changing development conditions and provide for the phased implementation of the village comprehensive plan, the village board may, from time to time, amend the provisions of the text of this title or the zoning district map, as provided by Illinois statutes. (Ord. 99-02, 1-7-1999; amd. 2011 Code)

11-3B-2: INITIATION AND FILING OF AMENDMENT:

   A.   An amendment may be proposed by the village board, the Planning and Zoning commission, the zoning administrator, or the fee owner, lessee, option holder, contract purchaser, trustee, or beneficiary of any property in the village, or his or her authorized agent, in accordance with the requirements of section 11-3-5 of this chapter.
   B.   Except in the case of an amendment proposed by a board, commission, or official of the village, an application for zoning amendment shall be filed with the zoning administrator to initiate any amendment. (Ord. 99-02, 1-7-1999; amd. Ord. 2023-52, 9-7-2023)

11-3B-3: APPROVAL PROCEDURE:

   A.   Contents Of Application: An application for amendment to this title shall contain the following information:
      1.   The name, address, and phone number of the applicant.
      2.   The location of the subject property intended to be affected by the proposed amendment.
      3.   A complete disclosure of interest, as provided in section 11-3-5 of this chapter.
      4.   A typewritten list of all owners of property within two hundred fifty feet (250') of the subject property, as determined in accordance with section 11-3-5 of this chapter.
      5.   Descriptions of the present and proposed uses of the subject property.
      6.   The zoning classifications of the subject property and of all other properties within two hundred fifty feet (250') thereof.
      7.   A recent (one (1) year or less) plat of survey and a legal description of the subject property, prepared by a registered land surveyor of Illinois, showing all of the improvements thereon as it exists as of the date of application.
      8.   A description of the proposed amendment to this title.
      9.   A statement of evidence that the proposed amendment conforms to the criteria for zoning amendments herein.
      10.   A site plan, at a scale of not less than one inch to one hundred feet (1" = 100'), that includes:
         a.   Lot lines and required yards.
         b.   Location, shape, size, and height of all existing and proposed buildings and structures, including decorative walls and other elements and entrance features.
         c.   Existing and proposed landscaping.
         d.   Common open space and common recreation facilities, if any.
         e.   Locations of off street parking.
         f.   Phases of development.
         g.   Data indicating gross and net site acreage, lot dimensions and areas, building heights and number of stories, and acreage devoted to common open space or recreation.
      11.   Architectural renderings showing the appearance of the proposed use, as required by the Planning and Zoning commission.
      12.   Any other information the Planning and Zoning commission may require to determine whether the proposed amendment meets the requirements of this title.
      13.   A nonrefundable filing fee as provided in section 11-3-5 of this chapter.
   B.   Public Notice: There shall be compliance with the requirements for public notice provided in section 11-3-5 of this chapter.
   C.   Staff Review: The zoning administrator may, together with other departments and officials of the village, prepare a written review of the application, provided such review is completed and forwarded to the Planning and Zoning commission within ten (10) days of receipt of the application.
   D.   Public Hearing: Upon receipt of a complete and accurate application, the zoning administrator shall establish a date for a public hearing and transmit the application to the Planning and Zoning commission.
   E.   Planning and Zoning Commission Action: The Planning and Zoning commission shall hold a public hearing on the application. Within sixty (60) days after the close thereof, the commission shall transmit to the village board written findings of fact pertaining to the criteria for zoning amendments herein, together with a recommendation for action on the proposed amendment.
   F.   Village Board Action:
      1.   The Village Board shall not act upon any proposed amendment until either it has received a report thereupon from the Planning and Zoning commission or until sixty (60) days have elapsed from the close of the public hearing.
      2.   The village board shall not approve an amendment unless it shall find that the amendment meets applicable criteria for zoning amendments herein.
   G.   Protest:
      1.   A written protest may be filed with the village clerk against a proposed amendment that is signed by the owners of at least twenty percent (20%) of the frontage of:
         a.   The property to be affected by the proposed amendment; or
         b.   The property immediately adjacent thereto or across an alley therefrom; or
         c.   The property having frontage directly opposite the frontage to be affected by the proposed amendment.
      2.   If such a protest is filed, the proposed amendment shall not be approved except by a vote of two-thirds (2/3) of the village trustees currently holding office.
      3.   The protester shall serve a copy of the protest upon the applicant and upon his or her attorney, if any, by certified mail.
   H.   Repeal: If no development has taken place on the property affected by an amendment to the zoning district map within one year of the date of such amendment, the Planning and Zoning commission may hold a public hearing, after giving public notice as provided under section 11-3-5 of this chapter, and recommend to the village board that such amendment be repealed and that the map be amended to provide for a different zoning classification for the property.
   I.   Resubmission:
      1.   No application for an amendment that has been denied by the village board shall be resubmitted within one year of the date of denial except on the grounds of new factual evidence or a change in conditions found to be valid by the Planning and Zoning commission.
      2.   This restriction shall not, however, apply to a map amendment proposing a different zoning classification than that denied by the village board. Nor shall this restriction apply to any amendment proposed by the village board or Planning and Zoning commission. (Ord. 99-02, 1-7-1999; amd. Ord. 2023-52, 9-7-2023)

11-3B-4: APPROVAL CRITERIA:

The Planning and Zoning commission shall make the following findings on a proposed amendment before recommending adoption of the amendment to the village board:
   A.   The proposed use or the uses permitted under the proposed zoning classification are compatible with existing uses or existing zoning of the property to which the amendment will apply and of property in the environs.
   B.   The trend of development in the general area since the original zoning of the affected property was established supports the proposed use or zoning classification.
   C.   The proposed use or zoning classification is in harmony with the objectives of the comprehensive plan of the village.
   D.   The proposed use or zoning classification promotes the public interest and not solely the interest of the applicant. (Ord. 99-02, 1-7-1999; amd. Ord. 2023-52, 9-7-2023)

11-3B-5: ENDANGERED SPECIES:

   A.   In addition to the requirements of section 11-3B-3 of this article, an application for amendment to this title for rezoning a parcel of real estate from an agricultural classification to another classification shall include a completed agency action report on a form promulgated by the Illinois department of natural resources.
   B.   The zoning administrator shall forward the completed agency action report to the Illinois department of natural resources to initiate a consultation process. Action on the application for amendment shall not commence until the completion of the consultation process, except as otherwise provided under subsection D of this section.
   C.   Upon receipt from the Illinois department of natural resources of notification that no known endangered species are known to be present and of termination of the consultation process, action on the application shall commence.
   D.   Upon receipt from the Illinois department of natural resources of notification that an endangered species is identified, action on the application for amendment shall commence and such information shall be entered of record at the public hearing before the Planning and Zoning commission for consideration in the decision on the application or rezoning.
   E.   If an endangered species is identified, the consultation process will not proceed until development of the parcel is under consideration. At that time, the applicant shall submit to the village a completed detailed action report and continue the consultation process as defined in subsection F of this section.
   F.   The applicant shall complete the detailed action report and submit it to the village. Sufficient information must be provided about the proposed development to determine the potential indirect, direct and cumulative adverse impacts to the endangered species present or its essential habitat.
      1.   The detailed action report shall include, but is not limited to, the following components:
         a.   Name and address of the village of Glendale Heights.
         b.   The name of the zoning administrator.
         c.   A detailed map indicating the precise location of the proposed development.
         d.   A detailed description of the proposed development, including any direct or indirect alteration or destruction of the vegetation, changes anticipated to air or water quality, alteration of the topography, or any other detail that might jeopardize the listed species or its essential habitat.
         e.   Starting and ending dates of the proposed project.
         f.   Discussion of alternatives which were considered.
      2.   Upon completing the portion of the detailed action report involving the proposed project, the applicant shall provide background information on the endangered species present. The direct and indirect effects of the proposed development on the endangered species and its essential habitat including cumulative effects shall be analyzed by the applicant.
      3.   Upon completion, the village shall submit the detailed action report to the Illinois department of natural resources for the formulation of a biological opinion as to whether the proposed development, taken with its cumulative effects, will jeopardize the endangered species present or have an adverse impact on its essential habitat. The biological opinion shall result in one of the following conclusions:
         a.   The development may promote the conservation of an endangered species or its essential habitat, in which case, the consultation process is terminated;
         b.   The development is not likely to jeopardize an endangered species or its essential habitat, in which case, the consultation process is terminated; or
         c.   The proposed development is likely to jeopardize an endangered species or its essential habitat, in which case, the consultation process shall continue.
      4.   If the biological opinion concludes that the proposed development is likely to have an adverse impact, recommendations to avoid these impacts shall be provided to the applicant by the village upon receipt from the Illinois department of natural resources.
      5.   A meeting shall be scheduled with representatives of the applicant, the village and the Illinois department of natural resources to discuss practicable alternative to the proposed development that would avoid, minimize, or compensate for the impacts.
      6.   After the consultation meetings have taken place to discuss practicable alternatives, the applicant shall notify the village in writing, stating its decision to proceed, modify, or forgo the action, and which, if any, of the alternatives included in the detailed action report it is adopting. The village shall in turn notify the Illinois department of natural resources.
      7.   If the village disagrees with the applicant's decision, it shall notify the applicant in writing within twenty one (21) days.
   G.   The consultation process shall be initiated or a terminated consultation process shall be reopened if:
      1.   New information reveals effects of the identified development that may adversely affect an endangered species or its essential habitat in a manner not previously considered; or
      2.   The proposed development is subsequently modified such that it may adversely affect a listed species or its essential habitat in a manner which was not considered in the consultation process; or
      3.   Additional endangered species or their essential habitats are identified within the vicinity of the development. (Ord. 99-02, 1-7-1999; amd. 2011 Code; Ord. 2023-52, 9-7-2023)

11-3C-1: INTRODUCTION:

   A.   Certain uses cannot be allowable generally in a particular zoning district, or in any zoning district, because of the impact their special character creates on surrounding areas.
   B.   Some such uses may, however, be allowed under special conditions. These uses are provided for in this title as conditional uses.
   C.   Because a conditional use is compatible with the applicable zoning district only under special conditions, a conditional use permit is required before any use authorized herein as a conditional use may be established. (Ord. 99-02, 1-7-1999)

11-3C-2: APPLICATION OF OTHER REGULATIONS:

Except as specifically provided herein, all regulations of the applicable zoning district and all other applicable regulations of this title and other village ordinances shall apply to conditional uses. (Ord. 99-02, 1-7-1999)

11-3C-3: EXISTING CONDITIONAL USES:

   A.   Conditional uses existing on the effective date hereof shall be considered lawful conditional uses without the need for approval of a conditional use permit.
   B.   Any expansion of, addition to, or structural alteration of such a use shall, however, require the approval of a conditional use permit. (Ord. 99-02, 1-7-1999)

11-3C-4: APPROVAL PROCEDURE:

The following regulations apply to all conditional uses except planned unit developments for which separate provisions are set forth in this title.
   A.   Optional Concept Plan Review:
      1.   Prior to filing an application for a conditional use permit, an applicant may request a prefiling conference with the Planning and Zoning commission. An application for the conference, together with the filing fee, as set forth in title 1, chapter 15, section 1-15-1 of this code, shall be submitted to the zoning administrator.
      2.   At the conference, the applicant may outline his proposed project and submit preliminary information. The Planning and Zoning commission shall advise the applicant concerning in what respects his proposal conforms to applicable village plans and ordinances and to desired standards of design.
      3.   In the event an application for a conditional use permit is subsequently filed, the conference filing fee will be credited toward the application filing fee.
   B.   Contents Of Application: An application for a conditional use permit for any property shall be filed with the zoning administrator and shall contain the following information:
      1.   The name, address, and phone number of the applicant.
      2.   A complete disclosure of interests as provided under section 11-3-5 of this chapter.
      3.   A recent plat of survey (1 year or less) and legal description, prepared by a registered land surveyor of Illinois, showing all the improvements thereon as it exists as of the date of application.
      4.   A typewritten list of all property owners within two hundred fifty feet (250') of the property.
      5.   The zoning district classifications of the property and of all other properties within two hundred fifty feet (250') thereof.
      6.   Descriptions of the existing use of the property and of the proposed conditional use.
      7.   A site plan showing the locations of all structures, parking and loading areas, open spaces, landscaping, yards, refuse and service areas, utilities, signs, and traffic accesses and circulation ways.
      8.   Architectural renderings or sketches illustrating the appearance of the proposed use, as required by the Planning and Zoning commission.
      9.   A narrative statement evaluating:
         a.   The environmental and economic effects that noise, glare, odor, vibration, traffic generation, or other characteristics of the proposed use will have on nearby properties.
         b.   The general compatibility of the proposed use with nearby properties.
         c.   The compatibility of the proposed use with the village official comprehensive plan.
      10.   Any other information the Planning and Zoning commission may require to determine if the proposed use meets the requirements herein.
   C.   Filing Fee:
      1.   All applications shall be accompanied by a filing fee as set forth in title 1, chapter 15, section 1-15-1 of this code. A schedule of current fees shall be made available in the offices of the village clerk and the zoning administrator.
      2.   No application shall be processed until the applicant has first exhibited a receipt of the village clerk showing payment of the filing fee.
   D.   Staff Review: The zoning administrator may, together with other departments and officials of the village, prepare a written review of the application, provided such review is completed and forwarded to the Planning and Zoning commission within ten (10) days of receipt of the application.
   E.   Public Hearing: Upon receipt of a complete and accurate application, the zoning administrator shall set a date for a public hearing before the Planning and Zoning commission and shall transmit the application to the Planning and Zoning commission.
   F.   Public Notice:
      1.   Sign Display:
         a.   The applicant shall post a Village of Glendale Heights "Notice of Public Hearing" sign in the front yard of the affected property, facing a public street and no further than thirty feet (30') therefrom. The sign is available for pickup at the Community Development Department, and a refundable deposit is required.
         b.   The Applicant shall pick up the notice of public hearing sign at the Community Development Department and erect it no less than fifteen (15) days prior to the date of the scheduled public hearing and remain continuously in place until the public hearing is concluded, but no more than ten (10) days thereafter. The notice of public hearing sign shall then be returned to the Community Development Department.
         c.   The sign shall have length and width dimensions of at least four feet (4') and eight feet (8').
         d.   The sign shall be erected no less than fifteen (15) days prior to the date of the scheduled public hearing and remain continuously in place until the public hearing is concluded, but no more than ten (10) days thereafter.
      2.   Written Notification: The applicant shall, not more than thirty (30) days nor less than fifteen (15) days before the hearing, send written notice to the property owners within two hundred fifty feet (250') of the property, excluding rights of way, which notice shall contain:
         a.   The name and address of the applicant.
         b.   The street address and legal description of the property affected by the application.
         c.   The type of conditional use requested.
         d.   The date, time, and location of the public hearing thereupon.
      3.   Newspaper Publication: The zoning administrator shall publish a notice of the public hearing in the newspaper of general circulation in the village at least fifteen (15) days but no more than thirty (30) days before the scheduled date of the hearing.
   G.   Planning and Zoning Commission Action: The Planning and Zoning commission shall hold a public hearing on the application. Within sixty (60) days after the close thereof, the commission shall submit to the village board findings of fact relating to the conditional use criteria herein, a recommendation for action, and any conditions or restrictions relating to the recommendation.
   H.   Village Board Action:
      1.   The Village Board shall not act upon any conditional use permit application until either it has received a report thereupon from the Planning and Zoning commission or sixty (60) days have elapsed from the close of the public hearing. The village board shall not approve the permit application unless it finds that the proposed use meets applicable conditional use criteria herein.
      2.   The board may make its approval of a conditional use subject to any conditions or restrictions it finds necessary to assure the use will be compatible with its vicinity. The board may also set time limits within which there must be compliance with such conditions or restrictions.
   I.   Issuance Of Permit: The zoning administrator shall issue a conditional use permit directly after approval thereof by the village board unless the village board, in approving the conditional use, has directed otherwise. Such permit shall specify any conditions, restrictions, and time limits to which the board has made the permit subject.
   J.   Denial Of Permit; Resubmission: No application for a conditional use permit that has been denied by the village board shall be resubmitted within one year of the date of that denial except on the grounds of new factual evidence or a change in conditions found to be valid by the Planning and Zoning commission.
   K.   Revocation Of Permit: A conditional use permit may be revoked by the village board:
      1.   If there is not compliance with any conditions or restrictions within the time limit specified on the permit.
      2.   If, after there is initial compliance, compliance with such conditions or restrictions is not maintained at any time.
      3.   If the conditional use is not established, or a required building permit is not obtained and building started, within one year of the date the permit is issued.
      4.   If the conditional use shall cease for more than one year.
      5.   If, prior to the issuance of any required building permit, the conditional use permittee transfers his interest in the property to another party.
   L.   Expansion Or Alteration Of Conditional Use: Any expansion, enlargement, or structural alteration of a conditional use shall require an additional conditional use permit. (Ord. 99-02, 1-7-1999; amd. 2011 Code; Ord. 2014-62, 10-16-2014; Ord. 2014-63, 10-16-2014; Ord. 2021-51, 6-24-2021; Ord. 2023-52, 9-7-2023; Ord. 2024-23, 3-21-2024)

11-3C-5: APPROVAL CRITERIA:

   A.   Criteria For All Conditional Uses: In evaluating the suitability of a proposed conditional use, the village board shall examine the following characteristics of the proposed use and its individual structures or components:
      1.   Location and orientation.
      2.   Lot size.
      3.   Size of facility, including floor area, structure height, design capacity, and anticipated employment.
      4.   Site design and arrangement.
      5.   Provisions affecting on and off site pedestrian and traffic movement, vehicle storage, and the passage of emergency vehicles.
      6.   Appearance.
      7.   Screening or landscaping.
      8.   On or off site buffering from incompatible uses with open spaces or transitional uses.
      9.   Operations factors, such as hours of use or environmental controls.
      10.   Other characteristics of the proposed use pertinent, in the judgment of the board, to an assessment of the impact of the use on the area.
   B.   Compatibility With Other Uses:
      1.   Before approving a conditional use, the board shall determine that, on the basis of the above characteristics or changes to the above characteristics that the board shall require, the proposed use will be compatible with existing uses in the area, and with permitted uses in the zoning district, in the following ways:
         a.   Traffic: Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized.
         b.   Environmental Nuisance: Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have been minimized.
         c.   Neighborhood Character: The proposed use will fit harmoniously with the existing natural or manmade character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effects on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district.
         d.   Services And Facilities: The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area.
         e.   Public Safety And Health: The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity.
         f.   Other Factors: The proposed use is in harmony with any other elements of compatibility pertinent, in the judgment of the board, to the particular conditional use or its particular location.
      2.   The Planning and Zoning commission may recommend, and the board may make its approval contingent upon, any modifications, conditions, or restrictions relating to any of the above characteristics of the use to minimize its adverse impact in the location proposed.
      3.   The commission or the board may call upon technical experts or have studies performed to determine specific development standards or conditions for any particular conditional use.
   C.   Criteria For Specified Conditional Uses: In addition to the foregoing general criteria, the following criteria shall apply to specified conditional uses:
      1.   Child Daycare Centers:
         a.   The location and design of child daycare centers in residence districts shall minimize the problems of traffic generation in residential areas and minimize the nuisance to nearby residents of noise from outdoor play areas.
         b.   Child daycare centers in commercial and office districts shall be so located or protected from other business uses and the traffic they generate that they provide a healthy and safe environment for children.
      2.   Mortuaries:
         a.   Arterial Street Location: A mortuary shall be located only on an arterial street as designated on the village comprehensive plan. Where possible, a mortuary should be located on a corner lot for vehicular access and exit of the funeral procession.
         b.   Minimum Lot Area: Minimum lot area shall be three hundred percent (300%) of the gross floor area of the mortuary.
         c.   Off Street Parking:
         (1)   Aisle and other space within the off street parking area shall be adequate to allow funeral processions to be formed entirely therein without hindering traffic on public streets.
         (2)   The number of off street parking spaces required shall be as provided in chapter 5 of this title.
         d.   Commercial Use Regulations Apply: All regulations of this title applying generally to uses permitted in commercial districts, including off street parking and signs, shall apply to mortuaries, except as provided herein or as otherwise authorized by the village.
      3.   Taverns Or Restaurants Serving Alcohol Or With Live Entertainment Or Dancing: The location of taverns or restaurants serving alcohol or with live entertainment or dancing is such that the problems of traffic generation and noise typically associated with such uses do not create a nuisance for nearby residential or institutional uses.
      4.   Zero Lot Line Development:
         a.   Purpose: The purpose of the provisions herein governing zero lot line development are:
         (1)   To allow the development of single-family detached housing that makes more efficient use of land and provides more usable open space on the lot, especially where lots are smaller.
         (2)   To assure that the design of such housing development provides a suitable environment both for its occupants and the neighborhood.
         (3)   To thereby encourage the provision of higher density affordable housing that is detached, that tends to be owner occupied, and that is thereby more compatible with existing residential areas in the village.
         b.   Applicability:
         (1)   Zero lot line development of single-family detached homes may be permitted as a conditional use in the zoning districts specified in this title.
         (2)   When permitted, zero lot line development allows the width of one interior side yard to be reduced to zero for the purpose of creating more usable open space on the remainder of a lot, particularly where lot areas are small.
         (3)   Zero lot line development shall be permitted only as part of an overall subdivision or planned unit development and not on isolated individual building lots.
         c.   General Provisions:
         (1)   Side Yards Only: Only a single side yard may be reduced to zero; no front or rear yard may be reduced to zero.
         (2)   Side Yards Must Alternate: No two (2) side yards on adjacent lots may both be reduced to zero if they abut the same side lot line.
         (3)   Width Of Remaining Side Yard: The side yard not reduced to zero shall have a minimum width of fifteen feet (15').
         (4)   Wall Maintenance Easement:
            (A)   A perpetual wall maintenance easement shall be provided in every yard that is adjacent to a zero side yard in an adjoining lot.
            (B)   The easement shall be four feet (4') in width, measured from that portion of the lot line that is adjacent to a building on the other lot.
            (C)   The easement shall be shown on the plat and incorporated into each deed transferring title to the property. Proof of recording of such easement shall be submitted to the zoning administrator prior to issuance of a building permit.
            (D)   Obstructions otherwise permitted in interior side yards are allowed within the easement, provided they do not impede access to the wall on the adjacent lot for painting, cleaning, maintenance, and repair.
            (E)   Roof overhangs may project up to two feet (2') into the easement on the adjacent lot, but the roof shall be so designed that water runoff onto the other lot is confined to the easement area.
         (5)   Wall Openings: No windows, doors, air conditioning units, or other openings shall be permitted on the side of a building abutting a zero side yard.
         d.   Site Plan:
         (1)   Contents: A site plan, at a scale of not less than one inch to one hundred feet (1" = 100') shall be filed for every zero lot line development. The site plan shall include:
            (A)   Lot lines and required yards.
            (B)   Location, shape, size, and height of all existing and proposed buildings, decorative walls and elements, and entrance features.
            (C)   Existing and proposed landscaping.
            (D)   Common open space and common recreation facilities, if any.
            (E)   Locations of off street parking.
            (F)   Phases of development.
            (G)   Data indicating gross and net site acreage, lot dimensions and areas, building heights and number of stories, and acreage devoted to common open space or recreation.
         (2)   Criteria: In addition to any other criteria the Planning and Zoning commission shall consider appropriate, the commission may consider the following in evaluating the suitability of the site plan for a zero lot line development:
            (A)   Orientation: Where possible, the building wall abutting the zero side yard faces north, allowing maximum use of the remaining yards for outdoor activities at different times of the year.
            (B)   Varied Height And Setback: Where possible, front yard depth, building height, and rooflines are varied to avoid monotonous appearance, which is more objectionable when homes are closer together and lots are smaller.
            (C)   Block Length: Shorter blocks and cul-de-sac streets are also used to reduce the monotony of site design.
            (D)   Open Space:
            (i)   Where possible, lots that are particularly small are located near public parks or, in larger developments, near common open space.
            (ii)   Any common areas provided shall meet requirements for ownership, maintenance, upkeep, covenants, and financial guarantees specified in this title for common open space in planned unit developments.
      5.   Off Track Betting (OTB) Facility: No conditional use for an OTB facility shall be granted unless evidence is presented that the OTB facility is located more than five hundred feet (500') from any existing church, school or residence. The distance of five hundred feet (500') shall be measured from the nearest part of the building housing the OTB to the nearest part of any building used for a school, worship services or residential purposes, and not property boundaries. The criteria of five hundred feet (500') may be waived by following the proper procedures provided for under the Illinois horse racing act of 1975. (Ord. 2011-97, 11-17-2011; amd. Ord. 2012-20, 4-19-2012)
      6.   Financial Institutions Located In Freestanding Buildings: A conditional use for a financial institution, including banks, savings and loan associations, and commercial loan offices, with or without a drive-in or drive-through, located in a freestanding building shall only be granted if:
         a.   The financial institution is part of a larger commercial development such as a shopping center or an integrated shopping center, and complies with the following:
         (1)   If the larger commercial development is less than three (3) acres in area, then the freestanding financial institution shall account for no more than fifty percent (50%) of the total development;
         (2)   If the larger commercial development is more than three (3) acres in area, then the freestanding financial institution shall account for no more than ten percent (10%) of the total development; and
         b.   The financial institution is not located at or near an intersection that contains two (2) or more existing financial institutions that are located at or proximate to the same intersection. (Ord. 99-02, 1-7-1999; amd. Ord. 2011-97, 11-17-2011; Ord. 2012-20, 4-19-2012; Ord. 2012-27, 5-3-2012; Ord. 2023-52, 9-7-2023)
 

11-3C-6: RIGHTS OF APPLICANTS AND PROPERTY OWNERS:

   A.   Applicants: Applicants for conditional uses shall have the following rights, in addition to any others they may possess in law, at any hearing before the Planning and Zoning commission:
      1.   To have subpoenas issued for persons to appear at the Planning and Zoning commission hearings and for the examination of documents by the person requesting the subpoena either before or at the Planning and Zoning commission hearings in accordance with the provisions and limitations provided in state statute.
      2.   To cross examine all witnesses testifying.
      3.   To present witnesses on their behalf.
   B.   Property Owners: Property owners who object to the conditional use application may, upon request, be granted one continuance for the purpose of presenting evidence to rebut testimony given by the applicant. The date of such continued hearing shall be at the discretion of the Planning and Zoning commission. (Ord. 99-02, 1-7-1999; amd. Ord. 2023-52, 9-7-2023)

11-3D-1: DEFINITIONS:

As used in this article, the following terms shall mean:
ANNUAL ENTERTAINMENT PERMIT: Those permits that are issued for entertainment activities or events scheduled within a calendar year period for a single establishment or location.
ENTERTAINMENT: Means and includes, but is not limited to, any live show, theatrical performance, or other form of live entertainment, amusement rides, animal shows, exhibits and/or demonstrations, bands, concerts, carnivals, circuses, dances, disc jockey/DJ performances, exhibitions, live or mechanically produced music, musicals, pageants, personality and celebrity appearances, readings, recitals, shows, singing, zoos of any nature, and similar performances of any nature. Entertainment, under this article, shall not mean or include: a) those forms of live entertainment which are specifically regulated by another section of this title or another ordinance of the village of Glendale Heights; or b) those forms of live entertainment which are performed at locations within the areas designated for adult regulated uses.
GOVERNMENTAL ENTITY: Any state, federal, or local governmental entity created either by state or federal law. Any affiliates who are directly connected to that same governmental entity or fundraising arm of that entity which are duly authorized and sanctioned by the governmental entity shall be considered a governmental entity for purposes of this article.
PRIVATE ENTERTAINMENT EVENTS: Those events of a temporary nature, provided for an exclusive or invited group of a limited number of attendees, without a fee, admission, or other charge assessed to attend, and not intended for the general public. It is held on a suitable premises and does not exceed approved occupancy limits.
PUBLIC ENTERTAINMENT EVENTS: Those events for which the general public is invited or has access and/or ability to attend.
SINGLE EVENT ENTERTAINMENT PERMITS: Those permits that are issued for a single entertainment activity or event scheduled for three (3) or less consecutive days in duration within a calendar year period for a single establishment or location. (Ord. 2009-20, 3-19-2009)

11-3D-2: PERMIT AND COMPLIANCE REQUIRED:

   A.   It shall be unlawful for any individual, association, group, institution, private entity, public entity, governmental entity, or nonprofit entity to use any land, building or structure to conduct, offer, provide, procure, make available, allow, permit, manage, stage, operate or exhibit any public entertainment event without having first complied with the terms of this article relating to the same, and having procured an annual or single event entertainment permit, as applicable. Entertainment: 1) distinguished or characterized by its emphasis on matter depicting, describing or related to "specified sexual activities" or "specified anatomical areas" regulated in other sections of this title; and 2) specifically regulated by another section of this title or another ordinance of the village shall be permitted without having first secured an entertainment permit.
   B.   An applicant for an annual or single event entertainment permit shall comply with the requirements of this article in order to be granted an annual or single event entertainment permit. (Ord. 2009-20, 3-19-2009)

11-3D-3: APPLICATION FEES:

   A.   All annual entertainment permit applications shall be accompanied by a filing fee as set forth in title 1, chapter 15 of this code.
   B.   All single event entertainment permit applications shall be accompanied by a filing fee as set forth in title 1, chapter 15 of this code.
   C.   No annual or single event entertainment permit application shall be processed until the applicant has first exhibited a receipt showing payment of the filing fee. (Ord. 2014-62, 10-16-2014)

11-3D-4: APPROVAL PROCEDURE:

   A.   Application For Permit:
      1.   Applications for an entertainment permit shall comply with the following criteria:
         a.   An application for an entertainment permit shall be made through an application process as prescribed by the zoning administrator. If the applicant is not the owner of the property, then the application shall contain the property owner's written consent for the entertainment events.
         b.   All requests for an entertainment permit shall be filed with the zoning administrator or his designee.
         c.   Applications shall be submitted forty five (45) days prior to the entertainment event. Applications that do not meet the time criteria will be reviewed on a case by case basis, and will be subject to the approval of the village administrator or his or her designee. The village administrator or his or her designee may deny the application if it is determined the village has insufficient time to review the application. Applications shall clearly specify annual or single event permit.
      2.   Applications for entertainment permits shall include, but are not limited to, the following information:
         a.   The name, address, and phone number of the applicant.
         b.   The name of the owner of the property, if different than the applicant.
         c.   A complete disclosure of interests as provided under section 11-3-5 of this chapter.
         d.   Information necessary to accurately locate and portray the property, such as a survey or legal description of the property to be used, rented, or leased for the entertainment event.
         e.   (1) Date(s) when the entertainment event is scheduled to occur, the hours of operation, and whether a fee and/or admission will be charged for single event entertainment permits.
            (2)   Days of the week when the entertainment events are scheduled to occur, the hours of operation, and whether a fee and/or admission will be charged for annual entertainment permits.
         f.   A description of the existing use of the property, and an explanation of the type of entertainment to be provided and/or type or proposed use of the entertainment. A written description of the entertainment event and a detailed drawing/diagram of the proposed location shall be provided.
         g.   A detailed floor plan and, if applicable, traffic patterns, both within and outside the location.
         h.   An estimate of the maximum number of persons expected to observe the entertainment event.
         i.   A site plan showing the locations of all structures, parking and loading areas, open spaces, landscaping, yards, refuse and service areas, utilities, signs, traffic access points, and circulation ways.
         j.   A listing of locations, dates, and times of other similar events where the entertainment was provided, both within and without the jurisdiction of the village, the website address of the entertainment provider, and any other information the village determines is necessary to complete the evaluation of the proposed event(s).
         k.   A narrative statement evaluating:
            (1)   The environmental and economic effects that the noise, glare, odor, vibration, traffic generation, and other characteristics the proposed use will have on the nearby properties.
            (2)   The general compatibility of the proposed use with nearby properties.
            (3)   The compatibility of the proposed use with the village comprehensive plan.
         l.   A statement whether the applicant is seeking an annual or single event entertainment permit.
         m.   Information, in sufficient detail, regarding who is invited to attend the entertainment event and whether the general public is invited.
         n.   Information, in sufficient detail to the satisfaction of the village, regarding the location of, and what type of event advertising will be utilized.
         o.   Information, in sufficient detail to the satisfaction of the village, regarding past police activity at any prior entertainment in the village.
         p.   Information, in sufficient detail to the satisfaction of the village, regarding past police activity at any prior events in jurisdictions outside of the village.
         q.   Information, in sufficient detail, regarding parking areas, both on and off street, for the entertainment event.
         r.   A statement whether alcohol will be served on the premises of the entertainment event. If alcohol will be served, the categories of alcohol being served must be disclosed.
         s.   A statement whether food will be served on the premises of the entertainment event. If food will be served, a food menu shall be provided with the application.
         t.   If the maximum audience expected exceeds twenty five (25) people, an on site security program, including required interior and exterior lighting plans, shall be prepared and accompany the application. The application shall disclose whether security personnel are to be armed or unarmed.
         u.   Information as to what, if any, village support is being requested or required.
         v.   Any other information that the Planning and Zoning commission and/or village board reasonably may require to determine if the proposed use meets the requirements herein.
   B.   Staff Review: The zoning administrator may, together with other departments and officials of the village, prepare a written review of the application. Such review shall be completed and forwarded to the Planning and Zoning commission and/or village board within ten (10) days of receipt of the application.
   C.   Planning and Zoning Commission Action:
      1.   The Planning and Zoning commission shall act upon an entertainment permit application at its first regularly scheduled meeting in which a quorum is present, and which is forty eight (48) hours after the receipt of the staff report or ten (10) days removed from the filing of the application, whichever is greater. The Planning and Zoning commission shall not approve a permit application unless it finds that the proposed use meets applicable entertainment permit criteria herein.
      2.   The Planning and Zoning commission must base its approval of the entertainment permit only upon criteria set forth herein for entertainment permits.
      3.   Within sixty (60) days after considering an entertainment permit application, the Planning and Zoning commission shall submit to the village board findings of fact relating to the entertainment permit criteria herein, and a recommendation for action.
   D.   Village Board Action:
      1.   The Village Board shall act upon any entertainment permit application at its first regularly scheduled meeting in which a quorum is present, after it has received the Planning and Zoning commission's findings of fact and recommendation for action and before sixty (60) days have elapsed from the Planning and Zoning commission's consideration of the application.
      2.   The Village Board shall not approve the entertainment permit application unless it finds that the proposed entertainment meets applicable entertainment permit criteria herein.
      3.   The Village Board must base its approval of the entertainment permit only upon the criteria set forth herein for entertainment permits.
      4.   The approval or denial of an entertainment permit by the Village Board shall be considered final action subject to judicial review.
   E.   Issuance Of Permit: The zoning administrator shall issue an entertainment permit without delay after approval thereof by the village board. (Ord. 2009-20, 3-19-2009; amd. Ord. 2023-52, 9-7-2023)

11-3D-5: APPROVAL CONDITIONS AND CRITERIA:

In evaluating the suitability of an annual and single event entertainment permit, the Planning and Zoning commission and village board shall examine the following criteria and shall approve an annual or single event entertainment permit, provided there is compliance with the following criteria and conditions:
   A.   The land, building or structure on or in which the entertainment is to be performed is located within one of the following zoning districts:
 
C-2
Community commercial district
C-3
General commercial district
O-2
Office park district
I
Industrial district
 
   B.   Efficient means shall be employed so that ordinary sounds of the entertainment event are not heard on adjoining premises or on the public street. In addition, no unusually loud entertainment noise or boisterous or noisy conduct on the part of the patrons shall be permitted. Any access doors on the entertainment premises shall remain closed during the course of any entertainment event. No deliveries shall be accepted while an entertainment event is in progress.
   C.   No residential structure or any other nonconforming structure shall be converted for use for entertainment after the effective date hereof.
   D.   If the maximum audience expected exceeds twenty five (25) people, an on site security program, including required interior and exterior lighting plans, shall be prepared and implemented. The security program shall include the following:
      1.   The presence of an on site manager during all business hours.
      2.   The presence of security personnel during the entertainment event.
      3.   The illumination of all off street parking areas and building entries on the permitted premises during all hours of operation with a lighting system designed to provide a minimum maintained horizontal illumination of greater than one foot- candle of light on the parking surface and walkway. In the event parking is shared with other businesses, this requirement shall only apply within a radius of one hundred feet (100') from any entrance to the permitted premises.
      4.   The illumination of all interior portions of the permitted premises during all hours of operation with a lighting system designed to provide a minimum maintained horizontal illumination of not less than two (2) foot-candles of light on the floor.
   E.   All exterior areas of the permitted premises, including the building, landscaping, and parking areas, shall be maintained in a clean and orderly manner. Buildings and structures shall not be painted or surfaced with colors or textures or any design that would simulate a sign or advertising message.
   F.   There shall be, in every permitted premises, not less than two (2) doors for exits leading to the outside, each not less than three feet (3') in width and opening outward. Additionally, every room used for entertainment purposes shall have a direct entrance from the public street unless the entire interior thereof is visible through windows from the street, and all parts of the premises shall be open and unobstructed by partitions, screens or other devices. This provision shall not be applicable to licensed hotels, motels or restaurants whose principal business is the furnishing of food and lodging to patrons, or existing establishments that have been granted approval for the use of partitions.
   G.   As a condition of the permit, the permittee shall permit free and unobstructed access to the premises during any and all inspections conducted by authorized personnel during the course of village business.
   H.   On those premises whose use or purpose is to cater to persons eighteen (18) or above, and the corporate authorities determine it reasonable and necessary to restrict minors unless accompanied by a parent or guardian, no minor under the age of eighteen (18) shall be permitted on the premises unless accompanied by a parent or guardian.
   I.   If consumption of alcohol is proposed, said use must comply with village and state laws.
   J.   If amusement ride/equipment use is proposed, said use must comply with village and state laws.
   K.   If animal use is proposed, said use must comply with village rules, regulations, and ordinances.
   L.   A certificate of general liability insurance may be required by the zoning administrator or his designee.
   M.   The nature and intensity of the entertainment event must be so planned that the event will be compatible with the existing and surrounding area and uses.
   N.   The proposed entertainment event shall be in compliance with all other relevant provisions of this title and village ordinances, rules, regulations, and policies.
   O.   No permit shall be issued until all applicable fees are paid.
   P.   If food is prepared or served, it must comply with all village and state rules, regulations and laws.
   Q.   In all respects, the entertainment event shall not significantly or materially be detrimental to the health, safety, and welfare of the public or injurious to other property or improvements in the surrounding area.
   R.   An indemnification agreement may be required by the zoning administrator or his designee.
   S.   No entertainer or performer shall be permitted to engage in any performance that is lewd, obscene or indecent.
      1.   As used in this article, "lewd", "obscene", or "indecent" shall mean a performance which, when taken as a whole, depicts or describes sexual conduct in any way that appeals to the prurient interest, portrays sexual conduct in a patently offensive way, and does not have serious literary, artistic, political or scientific value.
      2.   As used in this article, "sexual conduct" shall mean acts of sexual intercourse between humans, normal or perverted, actual or simulated; acts of masturbation, fellatio, and cunnilingus; acts of excretory function; lewd exhibition of the genitals, especially in a stimulated condition; and sexual relations between animals and humans.
   T.   No intoxicated person shall be permitted to remain in any permitted premises, and no person bordering on intoxication shall be served with any beverage containing alcohol or be permitted to dance in any permitted premises.
   U.   Occupancy and attendance must be limited and shall be in compliance with village and state laws.
   V.   Parking areas, both on and off street, for entertainment events are to be of adequate size and properly located, and the entrance and exit drives shall be laid out so as to prevent traffic hazards and nuisances.
   W.   The permittee shall provide a separate table or booth on the permitted premises for the exclusive use of all performers and entertainers appearing therein, for them to occupy before and after each performance. The performers and entertainers shall not sit or remain at any other table or booth or mingle with the patrons on the permitted premises.
   X.   The size of the permitted premises shall be sufficient to adequately accommodate the entertainment event.
   Y.   The presence of past police activity at entertainment events presented by the permittee within the village and in jurisdictions outside of the village.
   Z.   Refuse collection shall comply with all village rules, regulations, and ordinances.
   AA.   Every permitted premises shall have adequate toilets and lavatory facilities for each sex at the entertainment event. The toilets and lavatory facilities shall be maintained in a sanitary condition and comply with all village ordinances.
   BB.   The permit holder shall be required to pay for any additional police, fire, or other village response required to attend the entertainment event.
   CC.   A review of the specific premises may be required by the village to determine that life and safety codes are not in violation during the proposed entertainment event.
   DD.   The village board may place additional restrictions on the issuance of an entertainment permit that are in the best interests of the health, welfare, and safety of event participants and bystanders, including, but not limited to, having the permit holder pay for any additional police, fire, or other village response required to attend the entertainment event. (Ord. 2009-20, 3-19-2009; amd. Ord. 2023-52, 9-7-2023; Ord. 2024-23, 3-21-2024)

11-3D-6: DENIAL OF PERMIT:

The Planning and Zoning commission shall recommend denial of and the village board shall deny the entertainment permit for any of the following reasons:
   A.   The application does not meet the standards set forth in this article.
   B.   An applicant or an applicant's spouse is overdue on his/her payment to the village of taxes, fees, fines, or penalties assessed against him/her or imposed upon him/her in relation to an entertainment use.
   C.   An applicant has failed to provide information required on the application for the issuance of the entertainment permit or has falsely answered a question or request for information on the application form.
   D.   The premises to be used for the permitted entertainment has not been approved as being in compliance with health, fire and building codes by the department or agency responsible under law for investigating said compliance.
   E.   The required application or permit fees have not been paid.
   F.   The proposed location is in violation of, or is not in compliance with, any of the provisions of this title including, but not limited to, the requirements under this article. (Ord. 2009-20, 3-19-2009; amd. Ord. 2023-52, 9-7-2023)

11-3D-7: RENEWAL OF PERMIT:

   A.   Application For Renewal:
      1.   A valid entertainment permit issued pursuant to this article may be renewed upon written application to the village board made at least thirty (30) days before it expires, and upon payment of all current fees and charges. An entertainment permit shall remain valid pending the village board's consideration of the renewal application if the permittee has timely filed and paid for the application for renewal. For good cause, the village board may extend the time for filing a renewal application for up to ninety (90) days and may extend the prior entertainment permit pending the village board's consideration of the renewal application.
      2.   The application for renewal shall supply current information with respect to each category of information required in the initial application.
      3.   Within thirty (30) days from the date the renewal application for an entertainment permit is date stamped and received at the community development department, the zoning administrator shall determine if it is complete, and if incomplete, shall notify the applicant in writing of its specific deficiencies. If a written determination is not provided to the applicant within thirty (30) days after it is submitted to the community development department, the application shall be deemed complete.
   B.   Village Board Action:
      1.   The village board shall make its decision on an application for the renewal of an entertainment permit within three (3) months from the date the application is deemed to be complete. The village board may recommend to extend the entertainment permit, with amended or deleted conditions, or deny the extension.
      2.   The village board shall not approve the permit renewal application unless it finds that the proposed entertainment meets applicable entertainment permit criteria herein.
      3.   The village board must base its approval of a renewal of an entertainment permit only upon the criteria set forth herein for entertainment permits. The approval or denial of a renewal of an entertainment permit by the village board shall be considered final action subject to judicial review.
   C.   Inspections: All department or agency inspections, including, but not limited to, health, fire, and building inspections, which are required for the village board to consider renewal of an entertainment permit shall be completed within the time limits for village board action provided in this article. (Ord. 2009-20, 3-19-2009)

11-3D-8: INSPECTIONS:

All annual or single event entertainment permits and permit renewals shall be subject to periodic inspections by authorized village personnel to ensure continual compliance with the terms of this article. (Ord. 2009-20, 3-19-2009)

11-3D-9: POSTING PERMIT:

Once issued, an annual or single event entertainment permit shall be posted in a conspicuous location and made available to all village personnel upon request for inspection. (Ord. 2009-20, 3-19-2009)

11-3D-10: ANNUAL PERMIT REQUIREMENTS:

   A.   Application For Permit; Restrictions; Change In Ownership: An annual entertainment permit shall be issued to those establishments upon approval of the village board. An application shall be submitted detailing each entertainment event or activity for that annual permit. The permit shall be limited to those events submitted on the application and any reasonable terms and conditions which the village finds necessary for the public health, welfare or safety. Any changes in ownership of an establishment with an approved annual entertainment permit shall void the permit. Any new owner shall be required to submit a new application for an annual entertainment permit.
   B.   Approval Or Denial Of Permit: All initial or new annual entertainment permit applications shall be reviewed and submitted to the Planning and Zoning commission for a recommendation of approval or denial to the village board.
   C.   Permit Fee: The fee for an annual entertainment permit shall be as set forth in title 1, chapter 15 of this code.
   D.   Term Of Permit: An annual entertainment permit shall expire on December 31 of the year of issuance. Annual renewals of a permit will be based on past experience with the permittee and full compliance with this code and requirements and conditions of the issuance of a permit.
   E.   Renewals: An annual entertainment permit is issued on a calendar year basis and must be renewed each year to be valid. The village board may impose reasonable additional terms or conditions as to the entertainment in the event public health, welfare or safety are adversely affected.
   F.   Modifications: Should additional entertainment events be contemplated, which were not approved prior to the issuance of the annual entertainment permit, or the establishment floor plans are modified, the permittee shall amend the current entertainment permit through the appropriate application to seek approval of any additional entertainment events or modifications. All annual entertainment permit modifications shall be reviewed and submitted to the Planning and Zoning commission for a recommendation of approval or denial to the Village Board.
   G.   Exemptions:
      1.   Village governmental entities shall be exempt from annual entertainment permitting and fees.
      2.   Village educational institutions, approved and authorized by the state of Illinois, and daycare centers licensed by the village shall be exempt from annual entertainment permitting and fees.
      3.   Village religious institutions, approved or accepted by the state of Illinois, shall be exempt from annual entertainment permitting and fees.
   H.   Hours Of Operation: Entertainment shall be permitted as follows:
      1.   No later than one o'clock (1:00) A.M. on Monday, Tuesday, Wednesday, Thursday and Friday.
      2.   No later than two o'clock (2:00) A.M. on Saturday and Sunday. (Ord. 2009-20, 3-19-2009; amd. 2011 Code; Ord. 2014-62, 10-16-2014; Ord. 2023-52, 9-7-2023)

11-3D-11: SINGLE EVENT PERMIT REQUIREMENTS:

   A.   Application For Permit; Restrictions; Change In Ownership: A single event entertainment permit shall be issued to those establishments upon approval of the village board. An application shall be submitted detailing the entertainment event or activity for that single event permit. The permit shall be limited to the event submitted on the application and any reasonable terms and conditions which the village finds necessary for the public health, welfare or safety. A single event or short term entertainment permit shall entitle the holder to provide for the entertainment only upon the permitted premises subject to the conditions of this article and the permit. Any change in ownership of an establishment with an approved single event entertainment permit shall void the permit. Any new owner shall be required to submit a new application for an entertainment permit.
   B.   Approval Or Denial Of Permit: All single event entertainment permit applications shall be reviewed and submitted to the Planning and Zoning commission for a recommendation of approval or denial to the village board.
   C.   Permit Fee: The fee for such single event entertainment permit shall be as set forth in title 1, chapter 15 of this code.
   D.   Term Of Permit: The term of a single event entertainment permit is limited to a onetime event not to exceed three (3) consecutive days during a calendar year. If the entertainment event exceeds three (3) consecutive days, an annual entertainment permit shall be required.
   E.   Modifications: Should additional entertainment events be contemplated, which were not approved prior to the issuance of the single event entertainment permit, or the establishment floor plans are modified, the permittee shall amend the current entertainment permit through the appropriate application to seek approval of any additional entertainment events or modifications. Depending on the modifications requested, the permittee may be required to apply for an annual entertainment permit. In any case, all single event entertainment permit modifications shall be reviewed and submitted to the Planning and Zoning commission for a recommendation of approval or denial to the village board.
   F.   Exemptions:
      1.   Village governmental entities shall be exempt from single event entertainment permitting and fees.
      2.   Village educational institutions, approved and authorized by the state of Illinois, and daycare centers licensed by the village shall be exempt from single event entertainment permitting and fees.
      3.   Village religious institutions, approved or accepted by the state of Illinois, shall be exempt from single event entertainment permitting and fees. (Ord. 2009-20, 3-19-2009; amd. Ord. 2014-62, 10-16-2014; Ord. 2023-52, 9-7-2023)

11-3D-12: COMPLIANCE WITH PERMIT CONDITIONS:

Each entertainment permit holder shall only permit entertainment as approved and permitted by the village subject to the terms and conditions of the entertainment permit. No entertainment permit holder may allow or provide entertainment which does not strictly comply with the entertainment permit, including its terms and conditions. Any entertainment not in compliance with the entertainment permit shall be considered to be in violation of this article. (Ord. 2009-20, 3-19-2009)

11-3D-13: REVOCATION OF PERMIT:

   A.   An entertainment permit may be revoked by the village board:
      1.   If the applicant or any person making a representation on behalf of the applicant makes a misrepresentation of any fact in the application or in any testimony before any board or commission of the village.
      2.   If there is not compliance with any criteria on which the permit is approved.
      3.   If, after initial compliance with the criteria, compliance with such criteria is not maintained at any time.
      4.   If the entertainment use is not established, or a required building permit is not obtained and building started, within one year of the date the permit is issued.
      5.   If, prior to the issuance of any required building permit, the entertainment use permittee transfers his interest in the property to another party. (Ord. 2009-20, 3-19-2009)
      6.   If the entertainment use shall cease for more than sixty (60) days. (Ord. 2012-25, 5-3-2012)
   B.   However, no entertainment permit shall be revoked except after a public hearing by the village board after a three (3) day written notice to the permittee affording the permittee an opportunity to appear and respond to the basis for the revocation contained in the notice. The three (3) day notice provision shall commence on the day following delivery of the notice by certified mail, personal service or facsimile transmission. (Ord. 2009-20, 3-19-2009)