The administration of this chapter is hereby vested in the following three offices of the Village:

(1)

The director of development.

(2)

The Glenview Development Commission—Development Adjustments.

(3)

The Glenview Development Commission—New Development.

(Code 1959, § 24.14.1; Ord. No. 4512, 4-15-2003; Ord. No. 5351, § 2, 6-15-2010; Ord. No. 6398, § 8, 2-16-2021)

The director of community development or the duly designated and acting deputy shall:

(1)

Enforce the provisions of this chapter.

(2)

Approve and issue all occupancy certificates and make and maintain records thereof.

(3)

Conduct inspections of buildings, structures and uses of land to determine compliance with the terms of this chapter.

(4)

Maintain permanent and current records of this chapter, including, but not limited to, all maps, amendments and conditional uses, variations, appeals and applications therefore, and records of hearings thereon.

(5)

Prepare, and cause to be published on or before March 31 of each year, a map showing the existing zoning uses, divisions, restrictions, regulations and classifications in effect on the preceding December 31.

(6)

Issue a written permit, or denial thereof, with reasons in writing, within 15 days from the date of the acceptance of the application. If the permit or denial thereof is not issued within 15 days, the applicant may appeal directly to the Glenview Development Commission—Development Adjustments, which shall order the issuance of the permit or denial thereof, with reasons in writing. Prior to issuing any permit for any new construction or for any alteration which would increase the exterior dimensions of an existing structure, which construction or alteration would be located within 5,000 feet of the boundary of an airport (except a heliport) or would extend more than 50 feet above the ground level, the director of development shall require a satisfactory showing either that:

a.

The proposed construction would not require notification to the administrator of the Federal Aviation Agency pursuant to 77 CFR tit. 14, ch. 1, subch. E (Notice of Construction or Alteration Affecting Navigable Airspace), effective December 12, 1962, as amended from time to time; or

b.

Such notification regarding such proposed construction or alteration has been made to the administrator as provided in 77 CFR tit. 14, ch. 1, subch. E, § 77.17.

(7)

Cause to be published on or before January 1 of each year the rules of the Glenview Development Commission—New Development and Glenview Development Commission—Development Adjustments in effect as of that date.

(8)

Receive, file, and upon determining the application is complete, forward to the Glenview Development Commission—New Development or Glenview Development Commission—Development Adjustments in accordance with section 98-43, all applications for variations, conditional uses, planned developments, amendments, other requests for development approval pursuant to this Code, and the records in all appeals.

(9)

To the extent that the director of community development exercises any powers granted to him under subsection 98-2(2), he shall submit within 30 days thereafter a written report to the Village Manager for transmittal to the board of trustees, the Glenview Development Commission—New Development, and the Glenview Development Commission—Development Adjustments.

(10)

Provide such clerical, technical and consultant assistance as may be required by the Glenview Development Commission—New Development, Glenview Development Commission—Development Adjustments, and other Village officials in the exercise of their duties related to this chapter.

(Code 1959, § 24.14.2; Ord. No. 4512, 4-15-2003; Ord. No. 5351, § 3, 6-15-2010; Ord. No. 6398, § 8, 2-16-2021)

(a)

Application requirements. This section identifies procedural requirements for applications and petitions for variations, conditional uses, planned developments, amendments, and other requests filed pursuant to chapter 54, 66, or 98. The procedures identified in this section are in addition to the standards, criteria, fees, and requirements provided elsewhere in this Code. Applicants shall submit applications on forms provided by the Village, all supporting documents required by the Village, and all fees required by section 98-52.

(b)

Application processing. Upon the director of development determining that an application is complete, the director of development will forward the application to the Glenview Development Commission—New Development or the Glenview Development Commission—Development Adjustments based upon the director of development's review and determination of:

(1)

Each commission's jurisdiction and authority, as set forth in sections 2-463 and 2-478; and

(2)

The composition and availability of the commissions' upcoming agendas. When evaluating agenda composition and availability, the director of development will consider the:

a.

Number of applications already scheduled for an agenda;

b.

The nature and complexity of those applications;

c.

The nature and complexity of the application at issue; and

d.

Any rules adopted by the commission governing the conduct or duration of meetings, including, without limitation, rules restricting consideration of new applications after a certain time.

(Ord. No. 6398, § 8, 2-16-2021)

(a)

Except as otherwise provided in this chapter, no building permit pertaining to the use of land or buildings shall be issued by an employee of the Village unless the application for such permit has been examined by the director of development and has affixed to it or stamped thereon a certificate of the office of the director of development that the proposed building or structure complies with all of the provisions of this chapter. Any permit or occupancy certificate issued in conflict with the provisions of this chapter shall be null and void.

(b)

Every application for a building permit shall have affixed to it the certificate of a registered architect or structural engineer licensed by the State, or of an owner-designer, certifying that the building or structure and the proposed use thereof comply with all of the provisions of this chapter. Within 15 days after the receipt of such application with the certificate attached thereto, the director of development shall affix a zoning certificate to the building permit, provided, all relevant provisions of this chapter are complied with, or the director of development shall refuse to issue a zoning certificate and shall advise the applicant, in writing, of the reasons for the refusal.

(Code 1959, § 24.14.4; Ord. No. 4512, 4-15-2003; Ord. No. 5351, § 6, 6-15-2010)

Every application for a building permit shall be accompanied by a plat showing the design and layout of all off-street parking facilities and, in addition to the information required by chapter 18, such other information as may be required by the director of development for the proper enforcement of this chapter.

(Code 1959, § 24.14.5; Ord. No. 4512, 4-15-2003; Ord. No. 5351, § 7, 6-15-2010)

(a)

No building, or addition thereto, constructed after the effective date of the ordinance from which this chapter is derived (June 29, 1964), and no addition to a building existing prior to the effective date of the ordinance from which this chapter is derived (June 29, 1964) shall be occupied, and no land vacant on the effective date of the ordinance from which this chapter is derived (June 29, 1964) shall be used for any purpose, until an occupancy certificate has been issued by the office of the director of development. No change in a use in any business, commercial or industrial district shall be made until an occupancy certificate has been issued by the office of the director of development. Every occupancy certificate shall state that the use or occupancy complies with all of the provisions of this chapter.

(b)

Every application for a building permit shall also be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new or changed use of land or building, where no building permit is required, shall be made directly to the office of the director of development.

(c)

No occupancy certificate for a building, or addition thereto, constructed after the effective date of the ordinance from which this chapter is derived (June 29, 1964) shall be issued until construction has been completed and the premises has been inspected and certified by the office of the director of development to be in full and complete compliance with the plans and specifications upon which the zoning certificate was based. No addition to a building existing prior to the effective date of the ordinance from which this chapter is derived (June 29, 1964) shall be occupied and no new use of a building in any business, commercial or industrial district shall be established until the premises has been inspected and certified by the office of the director of development to be in full and complete compliance with all the applicable standards of the zoning district in which it is located. Pending the issuance of a regular certificate, a temporary certificate may be issued to be valid for a period not to exceed six months from the date of such issuance during the completion of any addition or during partial occupancy of the premises. An occupancy certificate shall be issued or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, not later than 14 days after the office of the director of development is notified, in writing, that the building or premises is ready for occupancy.

(Code 1959, § 24.14.6; Ord. No. 4512, 4-15-2003; Ord. No. 5351, § 8, 6-15-2010)

(a)

Purpose. The hearing body shall vary the regulations of this chapter only in the specific instances set forth in this section, where the hearing body makes a finding of fact, based upon the standards prescribed in this section, that the application of the strict letter of the regulations of this chapter will create practical difficulties or hardship for the owner, lessee or occupant of land, buildings or structures.

(b)

Application and notice of hearing. A complete application for a variation, including all information as shall be required from time to time by the Village, shall be filed with the director of community development, who shall forward a copy of the application to the hearing body. No more than 60 days after the filing of such application, a hearing shall be held on the application. Notice of such hearing shall be published at least once, not more than 30 days, nor less than 15 days before the hearing, in one or more newspapers with a general circulation within the Village. The published notice may be supplemented by such additional form of notice as the hearing body by rule may provide.

Where the director of community development has administrative discretion, a notice of request for administrative relief shall be sent to all adjacent property owners as the hearing body by rule may provide allowing 15 days for response. If there is no response, the director of community development may grant administrative relief where applicable. If an adjacent property owner responds with any concern regarding said administrative relief, the director of community development shall forward the request to the hearing body for disposition in the form of a standard variation application.

(c)

Standards.

(1)

The hearing bocy shall not vary the regulations of this chapter, as authorized by subsection (d) of this section, unless it shall make a finding of fact, based upon the evidence as presented to it in each specific case, that the:

a.

Particular physical surroundings, shape or topographical condition of the specific property involved would result in a practical difficulty or hardship upon or for the owner, lessee or occupant, as distinguished from a mere inconvenience, if the strict letter of the regulation were carried out.

b.

Conditions upon which the petition for a variation is based are unique and would not be generally applicable to other property within the same zoning classification.

c.

Alleged difficulty or hardship has not been created by any person presently having an interest in the property.

d.

Granting of the variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.

e.

Proposed variation will not impair an adequate supply of light and air to adjacent property, substantially increase congestion in the public streets, increase the danger of fire or endanger the public safety.

f.

Variation, if granted, will not alter the essential character of the locality.

(2)

If all of the standards set forth in subsection (c)(1) of this section cannot be met, yet an identifiable overriding public benefit can be realized by the granting of the requested variation, the hearing body shall forward a written recommendation, including a specific finding of fact of overriding public benefit, to the board of trustees for final disposition.

(3)

The hearing body may impose such conditions and restrictions upon the premises benefitted by a variation as may be necessary to comply with the standards set forth in this subsection (c) to reduce or minimize the injurious effect of such variation upon other property in the neighborhood, and better to carry out the general intent of this chapter.

(4)

For modifications to both new and existing single-family residential buildings on existing conforming lots upon which all bulk regulations of the applicable district have been met, the director of community development may allow, as an exception, without the necessity of a variation from the hearing body for any of the following improvements, provided proper notification has been given to adjacent property owners in accordance with subsection (b), and provided the standards for variations listed in subsection (c)(1) have been met:

a.

A structure to encroach upon a front yard up to 12 inches or one percent of the lot depth, whichever is greater, where the resulting setback is at least 30.0 feet, and upon a side or rear yard by up to six inches;

b.

A structure upon a lot with frontage upon a cul-de-sac right-of-way to encroach upon a required front yard setback where the resulting front yard setback matches the average of the front yard setbacks of only those other residences with frontage along the curve comprising the cul-de-sac; or

c.

A second-floor addition to a structure which extends vertically above and does not encroach into a setback further than any existing first floor wall where the resulting side yard setback is at least 7.20 feet and the resulting rear yard setback is at least 20.0 feet.

(d)

Commercial and industrial uses. The procedures provided for in this section with respect to the grant of variations to lots which are located within the B-1, B-2, B-3, D-D, H-1, MURC, SLE, I-1, or I-2 zoning district, or lots which are located in the R-1, R-1.3, R-2, R-3, R-4, R-5 or P-1 district and are utilized for commercial or industrial uses shall not apply. In lieu thereof, the procedures contained within subsection 98-50(b) shall apply to applications for variations to commercial and industrial lots.

(e)

Authorization. Variations from the regulations of this chapter shall be recommended by the hearing body only in accordance with the standards set forth in subsection (c) of this section, and may be granted only to:

(1)

Vary the applicable bulk regulations, including yard, lot size, height and density requirements.

(2)

Vary any of the regulations contained in article V of this chapter pertaining to nonconformities.

(3)

Vary any of the regulations contained in article VI of this chapter pertaining to off-street parking and loading.

(4)

Vary any of the regulations contained in article VII of this chapter pertaining to signs.

(5)

Vary from the height and location with regards to accessory uses, as listed in article IV of this chapter pertaining to accessory uses and home occupations.

(6)

Vary any of the regulations contained in section 98-382 pertaining to lighting.

(7)

Vary any of the regulations contained in article XII of this chapter pertaining to development in the D-D Downtown Development District.

(f)

Vote necessary for variance. The concurring vote of five members of the hearing body shall be necessary to grant a variation. Variance approval granted by the hearing body shall be established in accordance with the period set forth in section 54-2, unless a longer period of time is expressly authorized by the hearing body or by further hearing body action, if the applicant demonstrates that there are circumstances, difficulties or practical hardships which make compliance with the original time period unreasonable.

(g)

Preannexation agreements and planned development zoning.

(1)

The procedures provided for in this section with respect to the granting of variations to a petition or petitioners for such variations, who or which have also entered into a preannexation agreement with the Village and a planned development zoning ordinance, shall not apply insofar as the granting of such variation by the hearing body as provided for in this section where the approved preannexation agreement and a planned development zoning ordinance specify the granting of such variation.

(2)

The granting or denial of such a request for a zoning variation may, when requested, be made by corporate authorities when the petitioner therefore also has pending before such corporate authorities a request to annex its property to the Village in the form of a preannexation agreement or rezone its property to a planned development.

(3)

The approval for such variation by the Village, if granted, shall be contained in the preannexation agreement, when it is entered into between the parties thereto and in the planned development zoning ordinance.

(4)

Nothing in this subsection shall prohibit the hearing body from granting or denying variations which are not specified in the preannexation agreement and the planned development zoning ordinance.

(h)

Abandonment or discontinuance of a use benefited by variation. In any district, a lawfully approved variation benefiting a use that is abandoned or discontinued for a period exceeding three months shall no longer be valid unless substantial attempts to resume the use are undertaken within such three-month period. All subsequent uses of the property shall conform to the regulations of the district in which it is located.

(Code 1959, § 14.7; Ord. No. 4512, 4-15-2003; Ord. No. 5351, §§ 9—11, 6-15-2010; Ord. No. 5352, § 6, 6-15-2010; Ord. No. 5747, § 3, 12-10-2013; Ord. No. 6091, § 4, 8-1-2017; Ord. No. 6398, § 8, 2-16-2021; Ord. No. 6419, § 4, 7-6-2021)

(a)

Scope and commencement. An appeal from a decision of the office of the director of development relative to the interpretation of this chapter may be taken to the Glenview Development Commission—Development Adjustments by any person, firm or corporation, or officer, department, board or bureau affected by such decision. Such appeal shall be taken within such time as shall be prescribed by the Glenview Development Commission—Development Adjustments by general rule, by filing with the director of development a notice of appeal, specifying the grounds thereof. The director of development shall forthwith transmit to the Glenview Development Commission—Development Adjustments all of the papers constituting the record upon which the decision appealed from was made.

(b)

Action.

(1)

An appeal shall stay all proceedings in furtherance of the decision appealed from unless the director of development certifies to the Glenview Development Commission—Development Adjustments after the notice of appeal has been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed other than by a restraining order, which may be granted by the Glenview Development Commission—Development Adjustments or a court of record on application, on notice to the director of development and on due cause shown.

(2)

The Glenview Development Commission—Development Adjustments shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the interested parties and shall render a written decision on the appeal without unreasonable delay.

(3)

With the concurring vote of a majority of its members, the Glenview Development Commission—Development Adjustments may affirm or reverse, wholly or in part, or modify the decision from which the appeal was taken, and to that end, the Glenview Development Commission—Development Adjustments shall have all the powers of the director of development with respect to such decision.

(4)

The director of development shall maintain complete records of all actions of the Glenview Development Commission—Development Adjustments relative to appeals, and shall report to the Village Manager, who shall keep the board of trustees informed, on a current basis, of the disposition of each case.

(Code 1959, § 24.14.8; Ord. No. 4512, 4-15-2003; Ord. No. 5351, § 12, 6-15-2010; Ord. No. 6398, § 8, 2-16-2021)

(a)

Authority. The regulations imposed and the districts created under the authority of this chapter may be amended by ordinance from time to time in the manner provided by section 11-13-14 of the Illinois Municipal Code and this Code [65 ILCS 5/11-13-14].

(b)

Initiation. Amendments may be proposed by the board of trustees, the Glenview Development Commission—New Development, the Glenview Development Commission—Development Adjustments, or any resident of or owner of property in the Village.

(c)

Application; notice of hearing. A complete application for an amendment, including all information as shall be required from time to time by the Village shall be filed with the office of the director of development, who shall forward a copy of the complete application to the hearing body. A hearing shall be held by the hearing body on the application not more than 120 days after the filing of such complete application. Notice of such hearing shall be published at least once, not more than 30, nor less than 15 days before the hearing, in one or more newspapers with a general circulation within the Village. The published notice may be supplemented by such additional form of notice as the hearing body by rule may provide.

(d)

Hearing body's report. Following such hearing, and within 180 days after the filing of the application for amendment with the director of development, the hearing body shall transmit to the board of trustees a written report giving their findings and recommendations for action to be taken by the board of trustees in regard to the application. If no such report is transmitted within 180 days of the filing of the application, the hearing body shall be deemed to have recommended that the application be denied, unless the petitioner has, prior to the expiration of such 180 days, requested and has been granted a stipulated extension of time by the hearing body.

(e)

Board of trustees' action. After receiving the report of the hearing body, the board of trustees may enact the amendment by adoption of an ordinance with or without change, reject the amendment or refer it back to the hearing body for further consideration. If no action is taken by the board of trustees within 180 days of the date upon which the findings and recommendations of the hearing body are made and filed with the board of trustees, it shall be deemed to have been denied.

(f)

Application following denial. Any zoning amendment application which has been denied, either through action or through no action of the board of trustees, may not be proposed again for a period of two years from the date of the board of trustees' action.

(Code 1959, § 24.14.9; Ord. No. 4512, 4-15-2003; Ord. No. 5351, § 13, 6-15-2010; Ord. No. 5352, § 7, 6-15-2010; Ord. No. 6398, § 8, 2-16-2021)

(a)

Classifications. The following types of uses of land, buildings and structures which, because of their unique characteristics, can only be properly classified in any particular district upon consideration in each case of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location, are declared to be conditional uses:

(1)

Public, government buildings, buildings primarily devoted to religious worship located in a residential district or buildings operated in the public interest by not-for-profit corporations, including art galleries, post offices, libraries, museums or senior citizen housing facilities.

(2)

Public utility facilities, such as electric substations, gas regulator stations, telephone transmission equipment structures, microwave relay towers, water reservoirs or pumping stations and other similar facilities.

(3)

B-3 district uses permitted in the B-2 general business district only as a conditional use, not normally compatible with or having a unique, special or unusual impact upon the use, enjoyment or value of neighboring property.

(4)

B-1 limited business district (except dwelling units), B-2 general business district and B-3 general service district uses permitted in the I-2 light industrial district only as a conditional use not, normally compatible with or having a unique, special or unusual impact upon the use, enjoyment or value of neighboring property.

(5)

Heliports in the H-1 hospital and medical district and I-1 limited commercial district only as a conditional use, not normally compatible with or having a unique, special or unusual impact upon the use, enjoyment or value of neighboring property. Heliports are prohibited in all other districts.

(6)

Education specialty schools/tutoring/athletic/training in the R-18 residential district only as a conditional use for a period not to exceed five years, not normally compatible with or having a unique, special or unusual impact upon the use, enjoyment or value of neighboring property.

(7)

Outdoor dining not in accordance with the requirements established by section 98-202 shall be permitted only as a conditional use subject to the provisions of this section.

(8)

Animal hospitals, with any animal related activities conducted outside of a completely enclosed building, in the B-2 general business district only as a conditional use.

(9)

Off-street parking lots as a principal use in all residential districts, except the R-E residential district, subject to the following requirements:

a.

Such parking is solely limited to federal, State or local governmental uses, including school and park districts, or buildings devoted primarily to religious worship.

b.

The parking lot shall be located in the same zoning district as the use it serves.

c.

The parking lot shall comply with all applicable bulk regulations of the zoning district in which it is located.

d.

Alternatives to such parking are not reasonably available. Such alternatives shall include, but not be limited to, other parking resources in the vicinity, the use of a shuttle bus and the scheduling of activities to minimize competing parking demand by other uses in the vicinity.

(10)

Recreational vehicles, as defined in the Illinois Motor Vehicle Code, in any single-family residential district only as a conditional use.

(11)

Educational institutions, private or public, K-12, without dormitory accommodations, in any residential district, except the R-E district, only as a conditional use.

(12)

Telecommunication service facilities (TCSF), as defined in section 78-4, only as a conditional use located in the D-D, B-1, B-2, B-3, MURC, SLE, PD, H-1, I-1, 1-2, P-1, and residentially zoned properties that have a conditional use for buildings primarily devoted to religious worship.

(13)

In the D-D downtown development district, the following will be permitted only as a conditional use:

a.

Along the Glenview Road Corridor:

1.

Any retail, office, or service use greater than 5,000 square feet.

2.

Lodging houses, bed and breakfast, guest house.

3.

Specialty school.

4.

Recreational.

b.

Along the Waukegan Road Corridor:

1.

Any retail, office, or service use greater than 5,000 square feet.

2.

Townhouse/rowhouse.

3.

Lodging houses, bed and breakfast, guest house.

4.

Municipal.

c.

Along a secondary street frontage:

1.

Any retail, office, or service use greater than 5,000 square feet.

2.

Townhouse/rowhouse.

3.

Lodging houses, bed and breakfast, guest house.

4.

Municipal.

(14)

Indoor theaters/cinemas only as a conditional use within the I-2 Light Industrial District.

(15)

Self-storage miniwarehouse facilities in the B-2 general business district only as a conditional use, provided that no outside storage of any kind is permitted and the site is adjacent to or within an area of compatible uses. Landscaping, decorative fencing, building materials and lighting will be strictly controlled.

(16)

Drive-through facilities will be permitted as a conditional use for drugstores within the D-D, Downtown District, B-2 general business district and B-3 general service district for the principal purpose of selling prescription drugs and in no instance tobacco products or alcoholic beverages.

(17)

Any personal automobile, van, truck, or sport utility vehicle, or other motorized vehicle with a "D" license plate designation or higher may be allowed in any residential district as a conditional use granted pursuant to the provisions of this section.

(18)

Electronic changeable message sign permitted only as a conditional use in the B-2 general business district, shall be subject to the following requirements:

a.

Such sign shall not be visible from a road or highway other than an interstate highway.

b.

Such sign shall be located on a lot of no less than 25 acres, or lots of adjoining tracts of land under the same owner that when combined total no less than 25 acres.

c.

One electronic sign per lot, or business or property owner (whichever is less) is allowed. This sign shall count as one of the permitted ground signs per lot.

d.

Such signs shall be no more than 300 square feet, including the screen.

e.

Such sign shall be part of a monument style sign that is no more than 25 feet high. If any text is proposed on the base of the monument, it is counted toward the maximum 300 square feet. The appropriateness of sign height shall be determined as part of the conditional use.

f.

Such sign shall be located not less than 50 feet from an interstate highway; shall be located at least 500 feet from a residential district; and shall be located not less than 500 feet from any other electronic changeable message sign.

g.

Such sign shall have a static display that shall not change more than once per each six-hour period.

h.

Such sign shall have a blank screen between images that shall occur for not less than two seconds and the blank screen shall have a black background.

i.

Such sign's illumination shall be no more than 2.0 foot-candles at the property line, and such sign's lighting intensity shall be restricted to 1,000 nits during the day (dawn to dusk) and 500 nits during the night (after dusk).

j.

Such sign shall have an ambient light monitor that automatically adjusts the brightness level based on ambient light conditions consistent with the provisions of this section.

k.

Such sign shall have text/characters/images that are more illuminated than the background.

l.

Such sign shall have a default design that will freeze the image in one position if a malfunction occurs.

m.

Such sign shall not include animated, flashing, scrolling, intermittent or full-motion video elements.

n.

Such sign shall not emit sounds.

o.

Such sign shall meet all state and federal requirements for signs adjacent to interstate highways.

(19)

Hospices, permitted in the I-2 light industrial district only as a conditional use, not normally compatible with or having a unique, special or unusual impact upon the use, enjoyment or value of neighboring property.

(20)

Mobile home communities, permitted in the R-1 residential district only as a conditional use, not normally compatible with or having a unique, special or unusual impact upon the use, enjoyment or value of neighboring property. All mobile home developments shall comply with the following conditions and standards:

a.

Every mobile home development shall contain a minimum area of ten acres.

b.

The density of any mobile home development shall be not more than eight units per acre.

c.

Every mobile home development shall be required to comply with the terms of its approval as originally adopted and any subsequent amendment.

d.

Off-street parking shall be required in all mobile home developments in accordance with the terms of its approval and as provided in this chapter.

e.

There shall be an open space of at least 25 feet adjacent to the sides of every mobile home and 15 feet adjacent to the rear of every mobile home. Every mobile home shall be set back at least 25 feet from a right-of-way line. All accessory structure and attachments including, but not limited to, garages (attached and detached), carports, canopies, porches, decks or storage sheds, shall be considered as part of the mobile home for the purpose of computing distances for the open space and setback requirement. Parking spaces shall not, however, be considered part of the mobile home for open space or setback requirements.

f.

The developer of a mobile home development must provide a minimum of six percent of the gross area of the development for recreational facilities. Neither setbacks nor open space requirements shall be included within the recreational facility requirements.

g.

Each mobile home within the mobile home development shall be provided with its own area of land which shall not be less than 3,500 square feet.

h.

Each mobile home development shall be fully landscaped in an attractive, permanent manner, subject to Glenview Development Commission - Development Adjustments or Glenview Development Commission - New Development review and approval.

i.

Street lighting shall be in conformity with the provisions of chapter 62.

j.

Each mobile home development shall have sanitary, storm and water mains in conformity with the provisions of chapter 82.

k.

Overhead electric and telephone wiring shall be prohibited, and all such cables shall be underground in accordance with accepted building practices.

l.

Each mobile home unit shall be connected to the sanitary sewer and water main systems of the development.

m.

No mobile home development shall be so located that the drainage of the development area will endanger any water supply. All such developments shall be well-drained and shall be located in an area free from ponds, swamps and similar places in which mosquitoes may breed. No wastewater from mobile homes shall be deposited on the surface of the ground.

n.

Reserved.

o.

Every mobile home development shall be in the charge of a responsible attendant or caretaker at all times whose duty it shall be to maintain the development, its facilities and equipment in a clean, orderly and sanitary condition.

p.

Reserved.

q.

A mobile home development shall contain only mobile homes which comply with the National Manufactured Housing Construction and Safety Act (42 USC 5401 et seq.) as may be from time to time amended. Each mobile home shall contain not less than 600 square feet of floor space or more than 1,800 square feet of floor space.

r.

All mobile home units shall meet the wind design load requirements of NFPA 225 (2005) Model Manufactured Home Installation Standards or of the Mobile Home Construction and Safety Standards Code of Federal Regulations, Title 24, Part 280), as may from time to time be amended.

s.

No mobile home shall exceed one-story in height.

t.

Every mobile home shall be placed upon a permanent foundation with wheels, tongues and hitch removed, and shall be attached to the foundation in accordance with the provisions of chapter 18.

u.

Buildings and structures accessory to mobile homes. Accessory buildings and structures in mobile home developments are regulated as follows:

1.

Canopies and awnings constructed of metal may be attached to an existing or new mobile home provided that an open space of five feet exists between any adjacent unit or appurtenance.

2.

Porches and decks may be attached to existing or new mobile homes if the attachments are constructed of fire resistant materials. Wood is considered fire resistant if treated with an acceptable fire resistant process. An open space of five feet is required between porches and/or decks and any adjacent unit or appurtenance.

3.

Storage sheds may be replaced or installed so long as they are constructed of fire resistant materials and an open space of five feet is provided at sides and ends of the shed.

4.

New detached garages are prohibited.

5.

Carports may be attached to existing or new mobile homes so long as an open space of ten feet from the side of the carport to an adjacent mobile home or of five feet to an adjacent appurtenance is provided and five feet of open space is provided at the ends. Carports shall be designed and constructed to withstand lateral and horizontal forces in accordance with village building codes. Exterior wall and roofing materials shall be fire resistant (e.g., aluminum, masonry, metal, non-asphalt shingles, etc.).

6.

Attached garages may be constructed so long as an open space of ten feet from the side of the garage to an adjacent mobile home or five feet to an adjacent appurtenance is provided and five feet of open space is provided at the end. Construction of an attached garage shall conform to the requirements of this Code.

7.

Cabanas and room additions are not permitted.

8.

Each individual mobile home shall have an enclosed exterior storage area which shall conform to all applicable health and safety codes. Each storage area shall be not less than 40 or more than 150 square feet in area.

(21)

Subject to site plan approval pursuant to section 54-81, Drive-through facilities ("Drive-throughs ") shall be permitted as a conditional use, in the D-D Downtown Development District, subject to the following requirements in addition to other applicable requirements of section 98-50:

a.

Drive-throughs are preferred to be ancillary to a primary business, but may be a principal use.

b.

Drive-throughs are limited to one curb cut onto Glenview Road per use, per street frontage, and must secure a secondary access from a public alley or secondary street. Uses on Waukegan Road are preferred to have no more than one curb cut onto Waukegan Road per use per street frontage; however, a second curb cut may be permitted onto Waukegan Road subject to site plan approval.

c.

A site plan must demonstrate that any vehicle queue associated with the drive-through will not extend into or upon the public right-of-way.

d.

The site plan must demonstrate that vehicle queues associated with the drive through and/ or on-site circulation which impedes or obstructs access to any required off-street parking stalls or traffic aisles is minimized.

(22)

Registered medical cannabis cultivation centers and medical cannabis dispensing organizations.

(23)

Restaurants, with hours of operation that exceed the hours set forth in Chapter 38.

(24)

Craft breweries shall only be considered for conditional use if the brewery's annual production of beer is less than 157,500 gallons in the following districts: Downtown, B-1, B-2, B-3 and MURC.

(25)

New land uses, expansions, or increases in intensity of existing land uses, and buildings, building expansions, and/or other structures in the P-1 Public Lands district.

(26)

Businesses comprising the use of tobacco, electronic cigarettes, and/or alternative nicotine products.

(27)

Scoreboards for sports fields accessory to elementary or secondary schools, public or private, or governmental agencies located in the S/L/E, P-1, or R-1, R-2, R-3, R-4, R-5, R-6, R-1.3, RT-8, or R-18 Districts.

(28)

Beverage distributors, commercial, with five or more loading berths upon any parcel sharing a common parcel boundary with a parcel improved with a residence.

(29)

Courier and delivery services, warehouse and distribution, with five or more loading berths upon any parcel sharing a common parcel boundary with a parcel improved with a residence.

(30)

Manufacturing, packaging, fulfillment, processing facilities with five or more loading berths upon any parcel sharing a common parcel boundary with a parcel improved with a residence.

(31)

Warehouse and storage facilities with five or more loading berths upon any parcel sharing a common parcel boundary with a parcel improved with a residence.

(b)

Authorization. After conducting a public hearing on applications for conditional uses, the hearing body shall transmit to the board of trustees a written report giving their findings and recommendations for action by the board of trustees in the same manner as required as set forth in section 98-49(d) and for action by the board of trustees as set forth in section 98-49(e).

(c)

Application. A complete application for a conditional use, including all information as shall be required from time to time by the Village shall be filed with the director of development. The director of development shall process such application in the manner prescribed in section 98-49(c) for amendments to this chapter.

(d)

Standards.

(1)

A conditional use shall be recommended to the Village Board of Trustees by the hearing body upon a finding that:

a.

The proposed conditional use at the particular location is necessary or desirable for the public convenience, and it will not be injurious to the use and enjoyment of property already permitted in the immediate vicinity, nor will it diminish or impair property values in the neighborhood, nor will it affect a significant change in the character of the neighborhood.

b.

The location and size of the conditional use, the nature and intensity of the operation involved or conducted in connection with such use, the size of the site in relation to such use and the location of the site with respect to streets giving access to the use shall be such that it will be in harmony with present development and the appropriate and orderly future development of the district in which it is located, as well as other abutting districts.

c.

The location, nature and height of buildings, walls and fences, and the nature and extent of the landscaping on the site shall be such that the use will not unreasonably hinder or discourage the appropriate development and use of adjacent and nearby land and buildings.

d.

Parking areas shall be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to prevent traffic hazards and nuisances, and minimize traffic congestion in the area.

e.

A use which is permitted in another district by conditional use shall comply with all applicable bulk regulations of the district in which the use is located.

f.

Heliports shall also meet the following standards:

1.

The Federal Aviation Administration shall have conducted an aeronautical study to determine the effect of the proposed heliport, helipad or helistop on the safe and efficient use of the navigable airspace by aircraft and found no objection to the proposed heliport, helipad or helistop.

2.

The layout and design of heliport, helipad or helistop, including approach and departure path, shall conform to the published Safety Rules and Regulations of the Division of Aeronautics, State of Illinois, Department of Transportation Governing Restricted Landing Areas—Heliport, as then currently adopted. Any approval for a heliport, helipad or helistop granted by the Glenview Development Commission - Adjustments or the Glenview Development Commission - New Development shall be given initially on a tentative basis only, and final approval is to be granted only upon evidence that such division of aeronautics has issued an order authorizing the applicant to proceed with construction of the heliport, helipad or helistop in accordance with plans approved by the division of aeronautics; provided, however, that any waiver of such rules and regulations granted by such division of aeronautics shall be subject to approval of the hearing body. No permit for the construction of a heliport, helipad or helistop shall be given until such an order has been issued by the division of aeronautics.

3.

No portion of a touchdown area shall be closer than 250 feet to a residential lot line.

4.

Hours of operation in the I-1 zone district shall be from 8:00 a.m.—6:00 p.m., Monday—Friday, unless otherwise further restricted in the conditional use permit.

5.

The location, nature and height of security fences, berms and other security and noise attenuation structures shall be required so as to minimize impact and maximize safety on adjacent and nearby land and buildings, consistent with the safe use of the heliport.

6.

Use of the heliport shall fully and at all times comply with any specific requirements of the Federal Aviation Administration or State department of transportation stipulated and in the certificate of approval or operation issued to the user of the heliport by such agencies.

g.

Parking lots as principal uses shall also be designed, installed and utilized so as to minimize the potential impact on adjacent properties arising from the following:

1.

Noise.

2.

Hours of operation and season considerations.

3.

Proximity to adjacent uses.

4.

Lighting.

5.

Security.

(2)

If the hearing body finds that the application cannot meet the standards set forth in subsection (d)(1) of this section, it shall recommend the denial of the application by the Village Board of Trustees, and shall issue a written statement indicating the particular reasons why the application fails to meet the standards.

(e)

Conditions and restrictions. The hearing body shall recommend the application of such conditions or restrictions upon the construction, location and operation of a conditional use, including, but not limited to, provisions for off-street parking and loading, as it shall find necessary to secure compliance with the standards established in subsection (d) of this section. The Village Board of Trustees may impose any and all conditions it deems necessary to meet the intent and purpose of the standards set forth in subsection (d) of this section.

(f)

Board of trustees' action. After receiving the report of the hearing body, the board of trustees may enact the conditional use by adoption of an ordinance with or without change, reject the conditional use or refer it back to the hearing body for further consideration. If no action is taken by the board of trustees within 180 days of the date upon which the findings and recommendations of the hearing body are filed with the board of trustees, it shall be deemed to have been denied.

(g)

Application following denial. Any conditional use application which has been denied, either through action or no action of the board of trustees, may not be proposed again for a period of two years from the date of the board of trustees' action.

(h)

Commencement, discontinuance and abandonment.

(1)

A lawfully established conditional use shall be established within the time period set forth in section 54-2, unless a longer period of time is expressly authorized by the board of trustees or by further board of trustees action if the applicant demonstrates that there are circumstances, difficulties or practical hardships which make compliance with the original time period unreasonable. Failure to complete construction within the term of the building permit shall cause such conditional use to lapse, and, provided further, failure to comply with all applicable conditions established in connection with approval of such conditional use shall also cause such approval to lapse and be void.

(Code 1959, § 24.14.10; Ord. No. 3947, § 3, 2-17-1998; Ord. No. 4512, 4-15-2003; Ord. No. 4742, § 3, 3-1-2005; Ord. No. 4891, §§ 6, 7, 7-18-2006; Ord. No. 5068, § 3, 1-8-2008; Ord. No. 5182, § 4, 1-8-2009; Ord. No. 5351, §§ 14—20, 6-15-2010; Ord. No. 5352, § 8, 6-15-2010; Ord. No. 5367, § 3, 7-20-2010; Ord. No. 5419, § 2, 1-4-2011; Ord. No. 5444, § 3, 4-21-2011; Ord. No. 5651, §§ 4, 5, 3-19-2013; Ord. No. 5716, § 4, 11-5-2013; Ord. No. 5748, § 5, 12-10-2013; Ord. No. 5757, § 2, 1-21-2014; Ord. No. 5886, § 3, 1-6-2015; Ord. No. 6159, § 2, 5-1-2018; Ord. No. 6279, § 6, 9-3-2019; Ord. No. 6326, § 2, 1-21-2020; Ord. No. 6398, § 8, 2-16-2021; Ord. No. 6458, § 2, 1-4-2022; Ord. No. 6669, § 2, 5-6-2025)

All land which may be annexed to the Village shall be automatically classified in the R-1 residential district. If no application for reclassification of the property has been filed within 90 days, the hearing body shall on its own motion schedule a public hearing on the advisability of the zoning classification of the property. If, following such hearing, the hearing body believes the R-1 residential classification is improper, the hearing body shall transmit to the board of trustees a written report giving their findings and recommendations for proposed reclassification of the property; provided, however, that this section shall not apply to land affected by a valid annexation agreement adopted pursuant to article XI, division 15.1 of the Illinois Municipal Code [65 ILCS 5/15.1].

(Code 1959, § 24.14.11; Ord. No. 4512, 4-15-2003; Ord. No. 6398, § 8, 2-16-2021)

Fees for matters under the jurisdiction of the Glenview Development Commission—New Development and Glenview Development Commission—Development Adjustments are as provided in chapter 30-1.

(Code 1959, § 24.14.12; Ord. No. 4512, 4-15-2003; Ord. No. 5113, § 13, 6-17-2008; Ord. No. 6398, § 8, 2-16-2021)