4.1.1. Certificates of occupancy mandatory before any building or structure is occupied or used. The owner of any property shall not allow any building or structure or portion thereof located thereon to be used or occupied for any purpose unless there has been issued for such building or structure a certificate of occupancy signed by the zoning administrator.

4.1.2. Letter of interpretation.

a.

A letter of interpretation serves as a clarification or interpretation of one or more standards or requirements of this chapter as it relates to a particular type of development on a particular property. Such interpretations include, but are not limited to:

(1)

A determination of whether a particular use, which is not clearly allowed in the zoning district, is substantially similar to uses allowed in the district and therefore should be allowed as such;

(2)

A determination of the definition of any term used in this chapter as it affects any development being proposed on the property.

b.

The zoning administrator shall issue a letter of interpretation in the following circumstances:

(1)

Where he or she makes a nonministerial decision interpreting or clarifying standards, requirements, or terms set forth in this chapter, as applied to a particular property or development proposal, which will or could lead to the issuance of a building permit or certificate of occupancy; and

(2)

Where he or she believes that a formal recording of such decision is appropriate.

c.

A letter of interpretation may also be requested by any person proposing development in the village. Such a request shall set forth the facts and circumstances that are the basis for the request for an interpretation, including a description of the proposed development that the interpretation might accommodate. The person requesting a letter of interpretation shall discuss the request with the zoning administrator before the administrator determines it appropriate or necessary to issue a letter of interpretation.

d.

No letter of interpretation shall itself authorize the establishment of a use or the carrying out of any development, but shall merely authorize the preparation, filing, or processing of applications for any permits or approvals that may be required by this chapter for that use or development. The interpretation or determination made by the zoning administrator shall be effective with respect to application for approval of the proposed development only to the extent such an interpretation or determination is set forth in the letter of interpretation and only when it has received written approval from the village attorney. No letter of interpretation shall be valid for a period longer than one year from the date of issuance, unless final approval has been granted for the proposed development or use in accordance with this chapter.

e.

Any letter of interpretation issued by the zoning administrator shall specify the facts, reasons, analysis, and standards upon which the interpretation is based. No use interpretation shall authorize any use in a zoning district unless the zoning administrator determines that the use is substantially similar to a permitted use in that district. No interpretation shall have the effect of amending, abrogating, or waiving any standard or requirement established in this chapter.

(Code 1975, ch. 27, § 4.1)

4.2.1. Purpose; role of comprehensive plan in administration of chapter. The comprehensive plan of the village shall serve as the basic policy guide for the administration of this chapter. The comprehensive plan serves as the statement of goals and policies to guide new development and redevelopment in the village. It therefore is the intent of the village to administer this chapter in accordance with the comprehensive plan. The goals and policies of the comprehensive plan may be amended from time to time to meet the changing requirements of the village. Such amendments may at times be necessary to accommodate proposed development or redevelopment of property that may not be consistent with the comprehensive plan. This section therefore establishes the procedures for amending the comprehensive plan.

4.2.2. Initiation of amendments. An amendment to the comprehensive plan may be initiated only by the development commission, the president and board of trustees, or the owner of property proposing development of such property under this chapter that may be inconsistent with the comprehensive plan.

4.2.3. Filing of applications.

a.

Where an amendment to the comprehensive plan is proposed by someone other than the development commission or president and board of trustees, an application requesting the amendment shall be filed with the zoning administrator. The application shall be accompanied by a written statement from the applicant stating the basis for the request.

b.

Within a reasonable time after submission of the application, the zoning administrator shall schedule the application for a public hearing before the development commission. The zoning administrator shall forward copies of the application and all supporting materials to the development commission in advance of the public hearing.

4.2.4. Staff review. Upon receiving an application requesting an amendment, or upon an instruction from the president and board of trustees or development commission that it will consider a proposed amendment, the zoning administrator shall review the proposed amendment to evaluate its effect on the integrity of the comprehensive plan and this chapter. The zoning administrator may deliver copies of the proposed amendment to appropriate government agencies for review and comment. Prior to the scheduled public hearing, the zoning administrator shall deliver to the development commission a written report incorporating or summarizing the comments of the community development department and other departments or agencies.

4.2.5. Action by the development commission.

a.

The development commission shall hold at least one public hearing on the proposed amendment.

b.

Notice of hearing. Notice shall follow the procedures for posting notice of public hearings in section 4.10.1 of this chapter.

c.

In considering the amendment, the development commission shall review the proposed amendment, the standards set forth in section 4.2.6 below, the report of the zoning administrator, and any oral and written comments received by the development commission before or at the public hearing or otherwise made part of the record of the development commission on the application. Based on this information, the development commission shall submit, within a reasonable time, a report and recommendation to the president and board of trustees on whether or not the proposed amendment should be adopted.

4.2.6. Standards for reviewing proposed amendments. In deciding whether to recommend adoption of a proposed amendment to the comprehensive plan, the development commission shall consider whether the amendment is necessary based on one or more of the following factors:

a.

There has been a change in projections or assumptions (such as demographic trends or the availability of public facilities) from those on which the comprehensive plan is based; or

b.

The data used as the basis for formulating the comprehensive plan are in error or out of date; or

c.

New issues or needs have presented themselves to the village that are not adequately addressed in the comprehensive plan; and

d.

The amendment will not adversely affect the character of the area in which the proposed development is to be located.

4.2.7. Action by the president and board of trustees. Upon receiving the report of the zoning administrator and the report and recommendation of the development commission, without further public hearing the president and board of trustees may adopt the proposed amendment by ordinance, may reject the proposed amendment, or may refer the matter back to the development commission for further consideration.

4.2.8. Effect of denial. No application for an amendment shall be accepted by the village that is proposed by someone other than the president and board of trustees or development commission, and which is identical or substantially similar to a proposed amendment for the same parcel or parcels of land which have been rejected by the president and board of trustees within the previous 365 days.

4.2.9. Typographical or drafting errors. Notwithstanding any other provisions set forth above, amendments to correct typographical or drafting errors in the comprehensive plan may be adopted by the president and board of trustees at a regular meeting without the posting or personal delivery of prior notice and without a public hearing.

(Code 1975, ch. 27, § 4.2; Ord. No. O-94-15, § 9, 4-21-1994)

4.3.1. Purpose. It is recognized that the very nature of development of vacant land, and redevelopment of improved land create potential for traffic congestion problems, overcrowding, and adverse environmental effects. The purpose of this section is to establish a comprehensive set of procedures, standards and guidelines for the layout, appearance, design, landscaping, and environmental quality of properties within the village, and to further:

a.

Promote the public health, safety, and general welfare of the citizens of the village.

b.

Promote orderly community development, as well as encourage both high quality and innovative designs.

c.

Protect and enhance property values.

d.

Protect and enhance the social, cultural, economic, environmental and aesthetic development of the community.

e.

Ensure that the village remains a safe and attractive community in which to reside and operate a business.

4.3.2. Authority.

a.

Site plan review approval shall be required prior to issuance of building permits in instances listed below, unless waived by the zoning administrator but only for temporary construction and additions, the use of which shall be for less than six months.

(1)

New development: When any development involves the construction of a new, or addition to an existing non-residential or multiple-family building, or a new single-family or two-family building.

(2)

Special use permit; variation; planned unit developments: When development of property requires a special use permit, a variation, or planned unit development permit.

(3)

Intensity of use increases: The intensity of use of any existing building, structure or premises is increased through the addition of: one or more dwelling units; the gross floor area of the building is increased to require the construction of one or more additional off-street parking spaces to meet the off-street parking requirement; when there is an exterior addition or enlargement of the building, structure, or premises.

(4)

Expansion or reconstruction of parking areas: When any existing off-street parking area for a non-residential use is expanded or undergoes major reconstruction. Major reconstruction means removal of 50% or more of existing pavement and replacement of such pavement. Resurfacing without reconstruction does not constitute major reconstruction.

(5)

Major building renovations and tenant changes: Physical improvements or change of business or tenant for non-residential uses with 10,000 square feet or more of gross floor area. Building renovations include work to the extent of more than 50 percent of the replacement cost of the building, to include but not be limited to, façade renovations and interior remodeling.

(6)

Reoccupation of buildings: Reoccupation of vacant freestanding non-residential single-user buildings of any size, or reoccupation of three or more tenants in a shopping center building, when vacant for more than 180 days.

(7)

Access and drainage changes: Any change to the access between a non-residential site and any arterial road. Any change in the grading or drainage on the site.

(8)

Landscaping: When site plan review is required, landscaping shall be reviewed and meet the standards of section 110-6.3. Removal of existing landscape materials shall not be permitted unless the remaining landscaping conforms to the landscape requirements. The addition of new landscape material or the relocation or replacement of existing landscape material shall be permitted without conforming to the requirements of the landscape section when no other site improvements are involved.

b.

All appearance standards and design guidelines of the Village should be considered in the creation of development plans.

c.

Unless otherwise noted, all standards within this section 110-4.3 are required and shall be subject to review by the zoning administrator. Variations from the standards in section 110-4.3 may be sought in accordance with section 110-4.7 of this chapter.

d.

The review of architectural and site plans provided for in this section is intended to be only a part of the zoning and subdivision review procedure of the Village of Hanover Park development review process. Site plan approval does not in any way signify final approval of any portion of a project.

e.

A building permit for uses that are subject to site plan review may be issued after the zoning administrator approves a site plan, provided that all other requirements of all other applicable village codes and ordinances are satisfied.

4.3.3. Scope of site plan review. The zoning administrator, when evaluating site plans, will review:

a.

The relationship of the site plan to the policies, goals and objectives of the comprehensive plan.

b.

Traffic and parking layout shall be reviewed by the director of engineering and public works so as to:

(1)

Minimize danger and conflicts between pedestrians and motorists;

(2)

Achieve traffic flow in accordance with standards in the most current edition of Institute of Traffic Engineers Transportation and Traffic Engineering Handbook; and

(3)

Provide for the optimum number of parking spaces, complying with the standards set forth in section 110-6.2 of this chapter.

c.

Traffic studies may be required by the village zoning administrator or director of engineering and public works. Such studies may include: a projection of the number of motor vehicles to enter or leave the site, estimated daily and peak hour traffic levels based on the institute of transportation engineers' trip generation, (as may be updated from year to year), projected traffic flow patterns, impact of development on vehicular movement at major intersections and upon abutting roads capacities, combined traffic impact of approved, but not yet fully developed projects within the village, safety and appropriateness of site design and circulation, and any foreseen traffic hazards or circulation conflicts.

d.

Landscaping, to comply with section 110-6.3 of this chapter.

e.

Consistency with design guidelines of the village.

f.

Location of principal structures, accessory structures and freestanding signs, so that the location of these uses do not impede safe and efficient traffic flow.

g.

Compliance with this chapter and other provisions of the Municipal Code.

4.3.4. Site plan review procedure.

a.

The zoning administrator shall review the site plan for compliance with the requirements of this section 110-4.3 and provide approval upon compliance.

b.

If the zoning administrator does not approve a site plan the applicant may appeal the zoning administrator's decision to the village board.

(1)

A notice of appeal must be filed with the zoning administrator no later than 15 days after receipt by the applicant of the decision of the zoning administrator.

(2)

Failure by an applicant to file an appeal in accordance with the foregoing provisions shall be deemed to constitute a withdrawal of the application for a building permit.

(3)

The village board shall approve or disapprove the site plan appeal by action taken by a majority of the trustees present at any meeting at which a quorum is present.

(4)

If the village board approves the site plan a building permit may then be issued, provided that all other requirements of all other applicable village codes and ordinances are satisfied.

c.

Approval of a site plan submitted under the provisions of this section is valid for a maximum duration of one year, unless a building permit(s) has been obtained, in which case the site plan approval, or part thereof for which a building permit is obtained, is extended for the life of the building permit.

4.3.5. Required information on site plans. Ten hard copies, and a digital copy in PDF or other approved format, of the site plan submission shall be provided, which shall include the following:

a.

Site plans, or any portion thereof, involving engineering, architecture, landscape architecture, or land surveying shall be respectively certified by an engineer, architect, landscape architect, or land surveyor authorized by the state to practice as such.

b.

Site plans shall be prepared to a reasonable scale, not greater than one inch equals 50 feet (1" = 50').

c.

A site plan may be prepared in one or more sheets to show clearly the information required by this section and to facilitate the review and approval of the plan. If prepared on more than one sheet, match lines shall clearly indicate where the several sheets join.

d.

All site plans shall be submitted to the zoning administrator in legible blue or black line copies.

e.

A site plan shall be accompanied by a receipt evidencing the payment of all required site plan fees for processing and approval as set by the village board from time to time.

f.

Where applicable, all site plans shall contain the following information:

(1)

Location of tract by an insert map at a scale of not less than one inch equals 500 feet (1" = 500'), indicating such information as the names and numbers of adjoining roads, streams and bodies of water, railroads, subdivisions, towns, or other landmarks sufficient to clearly identify the location of the property.

(2)

On every sheet, the name and address of the owner and developer, the north point, date and scale of drawing, and number of sheets.

(3)

A boundary survey of the property.

(4)

All existing and proposed streets and easements, their names, widths and whether such streets will be publicly dedicated; existing and proposed utilities; watercourses and their names; owners of adjacent properties and the zoning and present use of all adjoining properties.

(5)

A landscape plan prepared by a registered landscape architect or contractor, drawn to scale, including dimensions and distances and the location, size and description of all proposed landscape materials as required by the provisions of section 110-6.3.

(6)

A survey of existing trees on the property as required by the provisions of section 110-6.3.

(7)

The size and location of all floodplains, floodways, and wetlands.

(8)

The size and location of proposed detention and retention areas, including normal and high water lines and whether such areas will be wet or dry bottom.

(9)

Location, type, size and height of fencing, retaining walls and screen planting as required by the provisions of section 110-6.3.

(10)

All off-street parking, driveways, loading spaces and walkways; indicating type of surfacing, size, angle of stalls, width of aisles and a specific schedule showing the number of parking spaces provided and the number required by section 110-6.2.

(11)

All bike trails provided on the property.

(12)

The proposed location, general use, number of floors, height and the net and gross floor area for each building; including outside display areas, and, where applicable, the number, size and type of dwelling units.

(13)

The proposed floor area ratio and impermeable lot coverage calculations.

(14)

Architectural elevations.

(15)

Sufficient information, as determined by the zoning administrator, to show how the physical improvements associated with the proposed development interrelate with existing or proposed development on adjacent properties.

(16)

Existing topography with a maximum contour interval of one foot, with high and low spot elevations indicated.

(17)

Proposed finished grading by contours and ground floor elevation.

g.

Where applicable, the zoning administrator may require less information, or any other additional information to appropriately evaluate the impacts of the proposed development or improvement.

(Code 1975, ch. 27, § 4.3; Ord. No. O-14-38, § 1, 11-6-2014)

4.4.1. Purpose. The classification of "permitted uses" is established to provide for the location of particular uses considered appropriate within a given zoning district and require no special treatment under this chapter different from the provisions generally applying to the zoning district in which the use is located. Only those uses which articles V and VI of this chapter designate as "permitted uses" in a given district shall be treated as such.

4.4.2. Permits required. No use designated as a "permitted use" shall be established until after the person proposing such use has applied for and received all permits, licenses, and/or certificates of occupancy required by this chapter or the Hanover Park Municipal Code.

4.4.3. Application requirements. An application for a permit or certificate of occupancy for a permitted use shall be filed only by the owner of the lot on which the use is to be located, an agent of the owner specifically authorized by the owner to file such application, or any unit of government that is not the owner of the lot, but proposes to acquire the lot by purchase, gift, or eminent domain.

4.4.4. Action on the application. Upon receiving an application for a permit and/or certificate of occupancy for a permitted use, the zoning administrator shall review the application to determine whether the proposed use complies with the requirements of this chapter. No permit or certificate of occupancy shall be approved for a use that does not comply with the terms of this chapter. Where the proposed use does comply with the terms of this chapter, then the zoning administrator shall issue the appropriate permit or certificate of occupancy within a reasonable time.

4.4.5. Effect of approval. The issuance of a permit or certificate of occupancy for a permitted use allows the owner of the property, and any subsequent owner, to establish and continue the use for which the permit or certificate of occupancy is issued, subject to compliance with all village ordinances.

(Code 1975, ch. 27, § 4.4)

4.5.1. Purpose. The classification of "special use" is established to provide for the location of those uses generally compatible with the other land uses permitted in a zoning district but which, because of their unique characteristics, or potential impacts on the surrounding neighborhood and the village as a whole, require individual review of their location, design, configuration, and/or operation and the imposition of individualized conditions in order to ensure that the use is appropriate at a particular location. Only those uses designated in articles V and VI as "special uses" in a given district shall be treated as such.

4.5.2. Authority. Special uses shall be authorized or denied by the president and board of trustees in accordance with the regulations and conditions set forth in this chapter for special uses.

No application for a special use shall be acted upon by the president and board of trustees until after:

a.

A public hearing has been held by the development commission after due notice by publication as required herein;

b.

A written report containing recommendations, findings of fact, and other appropriate commentary is adopted by the development commission and forwarded to the president and board of trustees.

4.5.3. Initiation. An application for a special use may be made to the zoning administrator by the owner of the property on which the special use is proposed to be located or established.

4.5.4. Notice of hearing. Notice shall follow the procedures for notice of public hearings in section 110-4.10.1 of this chapter.

4.5.5. Processing. Upon receipt of a complete application, including all required supporting documentation, the zoning administrator shall schedule the petition for a public hearing. All information and documents applicable to the special use application shall be submitted to the zoning administrator at least four weeks prior to the regularly scheduled meeting of the development commission to be scheduled for a public hearing on that date, and shall be forwarded to the development commission at least seven days prior to the hearing date.

4.5.6. Decisions. After the conclusion of the public hearing the development commission shall adopt and forward its recommendations to the president and board of trustees accompanied by findings of fact specifying the reason or reasons for recommending the approval or disapproval of the special use. The decision of the president and board of trustees on the special use application shall be final.

4.5.7. Standards of review.

a.

No special use shall be recommended for approval by the development commission to the president and board of trustees unless the special use meets the following standards:

(1)

The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

(2)

The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the uses already lawfully established or permitted, nor substantially diminish and impair property values within the neighborhood.

(3)

The establishment of the special use will support the policies, goals, objectives, and plans of the comprehensive plan of the village.

(4)

The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

(5)

Adequate utilities, access roads, drainage and/or necessary facilities have been or will be provided.

(6)

Adequate measures have been or will be taken to provide ingress and egress to minimize traffic congestion in public streets.

(7)

The special use shall in all other respects conform to the applicable regulations of the district in which it is located.

(8)

The design of the proposed use will minimize adverse effects, including visual impacts, of the proposed use on abutting and nearby properties.

b.

In addition, the development commission may consider whether the applicant has the financial and technical capacity to complete the special use as proposed and include recommendations to require adequate legal provision to guarantee the provision and development of any buffers, landscaping, public open space, and other improvements associated with the proposed use.

4.5.8. Conditions and guarantees.

a.

In any recommendation for the granting of any special use, the development commission may recommend and/or the president and board of trustees may by the ordinance granting any special use require such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in section 110-4.5.7.

b.

In any recommendation for the granting of any special use, the development commission may recommend and/or the president and board of trustees may by the ordinance granting any special use require greater lot sizes, yards, or other development standards than the minimums established in the applicable zoning district.

c.

No special use granted by the president and board of trustees shall be effective for a period longer than 12 months from the effective date of the ordinance granting such special use, or from August 21, 1986 with respect to special uses including sections, phases or portions thereof granted prior to the passage of this amendment unless a building permit has been issued and the construction or alteration of a building has been started or the use has commenced within such period.

(Code 1975, ch. 27, § 4.5; Ord. No. O-94-15, § 9, 4-21-1994)

4.6.1. Purpose. The planned unit development is intended to provide for developments incorporating a single type or a variety of related uses planned and developed as a unit. Such development may consist of conventionally subdivided lots or provide for development by a land use and zoning plat in keeping with the purpose of the plan of the planned unit development.

The purpose of the planned unit development is to encourage:

a.

A maximum choice in the types of environment available to the public by allowing development that would not be possible under the strict application of other sections of this chapter;

b.

Permanent preservation of common open space and recreation areas and facilities;

c.

A pattern of development to preserve natural vegetation, topographic and/or geological features;

d.

A creative approach to the use of land and its related physical development that results in improved development and design and the construction of aesthetic amenities;

e.

An efficient use of the land resulting in more economic networks of utilities and streets; and

f.

Land use that promotes the public health, safety, comfort and welfare.

4.6.2. Authority to grant planned unit developments as special uses. A planned unit development may be authorized as a special use by the president and board of trustees, provided that no application for a special use shall be acted upon by the president and board of trustees until after:

a.

A public hearing has been held after due notice by publication as prescribed in section 110-4.10.1; and

b.

A written report containing findings and recommendations approved by the development commission is forwarded to the president and board of trustees.

4.6.3. Procedure. Applications for a planned unit development shall be filed with the zoning administrator and shall be accompanied by the required plats and documents.

a.

Pre-application procedure. Prior to the filing of an application for a planned unit development, the developer may request of the development commission, through the zoning administrator, an informal meeting to discuss the development of the land in conjunction with the comprehensive plan. Said meeting shall be open to the public. Neither the development commission nor zoning administrator are required to hold any requested informal meeting.

The pre-application conference is not mandatory and does not require formal application, fee or filing of a planned unit development plan or prior publication notice or notice posted on the property.

The specific information suggested for the pre-application conference includes but is not limited to:

(1)

General site information: Data regarding site conditions, drainage, land, and soil characteristics, available community facilities and utilities, existing covenants, and other related information.

(2)

Sketch plan: A drawing in simple sketch form showing the proposed location, elevations, and the extent of the land uses, streets, lots, and other features.

(3)

Legal description: A property survey and legal description of the proposed site.

(4)

Evidence of current ownership.

b.

Preliminary plan procedure. A preliminary plan of the planned unit development shall be submitted to the zoning administrator for transmittal to the development commission for a public hearing, report, and recommendations. The required submittals for approval of the preliminary plan shall include:

(1)

Written application for approval of a planned unit development on forms provided by the zoning administrator.

(2)

Hearing fee as established by the president and board of trustees.

(3)

The preliminary plan and supporting data shall include the following:

(a)

Detailed plan: A drawing of the planned unit development shall be prepared at a scale of not less than one inch equals 100 feet and shall show such designations as proposed streets, all buildings and their uses, common open space, recreation facilities, parking areas, service areas, and other facilities to indicate the character of the proposed development.

(b)

Boundary lines: Bearings and distances.

(c)

Existing and proposed easements: Locations, width and purpose.

(d)

Streets on and abutting the site: Street names, right-of-way widths, curb cuts.

(e)

Existing and proposed utilities on and abutting the site: Location, size, and invert elevation of sanitary, storm, and combined sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines, and streetlights; direction, distance to, and size of nearest water mains and sewers abutting the tract showing invert elevation of sewers.

(f)

Ground elevations on the site: For land that slopes less than one-half percent, show one-foot contours; show spot elevations at all breaks in grades, along all drainage channels or swales, and at selected points not more than 100 feet apart in all directions; for land that slopes more than one-half percent show two-foot contours.

(g)

Subsurface conditions on the site, if required by the village engineer: Location and results of tests made to ascertain subsurface soil, rock and groundwater conditions.

(h)

Other conditions on the site: Watercourses, marshes, rock outcrop, wooded areas, isolated preservable trees one foot or more in diameter, structures, and other significant features.

(i)

Other conditions on abutting land: Approximate direction and gradient of ground slope, including any embankments or retaining walls; character and location of major buildings, railroads, power lines, towers and other nearby nonresidential land uses or adverse influences.

(j)

Current zoning: On and abutting the site. If property is not annexed to the village, the present zoning designation according to official records in the county in which it is located.

(k)

Proposed public improvements: Highways or other major improvements planned by public authorities for future construction on or near the site.

(l)

Internal uses of each building or structure, as well as the specific overall land use of the premises.

(m)

Title and certificates: Title under which the proposed development is to be recorded, with notation stating acreage.

(n)

Names: The names and addresses of the persons to whom notices of hearings hereunder may be sent including the subdivider, the designer of the subdivision and the taxpayer of record immediately adjoining the land to be platted.

(o)

Open space: All parcels of land intended to be dedicated for public common use or reserved for the use of all property owners and occupants with the purpose indicated.

(p)

General location, use and height of each building, other than single-family residences on individually platted lots.

(q)

Name of development, north arrow and scale, and date of preparation of all plans.

(r)

Miscellaneous: Such additional documents as may be required by the development commission. Such documents may include, but are not limited, to the following types of studies:

(1)

Market studies;

(2)

Traffic studies;

(3)

Environmental assessments; and

(4)

Fiscal impact analysis.

(s)

Character: Explanation of the character of the planned unit development and the reasons why it has been planned to take advantage of the flexibility of these regulations.

(t)

Ownership: Statement of ownership, including names and addresses of each property owner of all land within the property. The applicant shall give written notice of any change in ownership while the application for planned unit development is pending.

(u)

Schedule: Development schedule indicating the stages in which the project will be built with emphasis on area, density, use and public facilities such as open space to be developed with each stage. Overall design of each stage shall be shown on the plat and through supporting graphic material. Approximate dates for the beginning and completion of each stage.

(v)

Copies of proposed agreements or covenants that will govern the use, maintenance, and continued protection of the planned unit development and any of its common space.

(w)

Density: Provide information on the gross and net density of residential uses, including the number of dwelling units by type and the number of buildings by type.

(x)

Nonresidential use: Provide information on the type and amount of ancillary and nonresidential development, including the amount of common open space.

(y)

Service facilities: Provide information on all service facilities and off-street parking facilities.

(z)

Facilities plans: Preliminary plans for:

(1)

Roads, including classification, right-of-way width, pavement width and construction details;

(2)

Sidewalks;

(3)

Sanitary sewers;

(4)

Storm drainage, detention, retention;

(5)

Water supply system;

(6)

Lighting program;

(7)

Landscaping; and

(8)

Traffic controls and signage.

c.

Following the public hearing and review of the preliminary planned unit development plan and supporting data for conformity to these regulations, the development commission shall, within 30 days from the date of adjournment of the public hearing, recommend approval, modification, or disapproval, and the reasons therefor, to the president and board of trustees. With any recommendation to the president and board of trustees, the development commission shall include findings of fact on which it bases its recommendation, which findings shall be based upon the zoning district requirements as provided herein.

d.

After receipt of the development commission's recommendation, the president and board of trustees shall approve, modify, disapprove or refer back the preliminary plan. In the case of approval, or approval with modification, the president and board of trustees shall pass an ordinance granting the special use permit and reciting necessary findings of fact, indicate its approval upon the plan, and direct the recording of said documents as deemed necessary to insure conformance with the comprehensive plan and the stated purpose of the planned unit development.

e.

Approval of a preliminary planned unit development plan shall not constitute approval of the final plat. Rather it shall be deemed an expression of approval to the layout submitted on the preliminary plan as a guide to the preparation of the final plat which shall be submitted for approval and subsequent recording upon the fulfillment of the requirements of these regulations and conditions of the preliminary approval, if any. The final plat shall be approved as the final land use and zoning plat if it conforms with the preliminary land use and zoning plan. No building permit shall be issued for any structure until approval of the final plat.

4.6.4. Standards for approval. Prior to recommending approval of a planned unit development or the zoning of any land for said purpose, the development commission shall make specific findings of fact that all the following standards have been met:

a.

Ownership and site: The site of the planned unit development is under single ownership and/or unified control.

b.

Consistency with comprehensive plan: The development is consistent with the policies, goals, objectives and recommendations of the comprehensive plan.

c.

Compatibility: The uses proposed in a planned unit development are of a type and so located as to exercise no undue detrimental influence upon surrounding properties, and shall be compatible with each other.

d.

Parking requirements: Unless otherwise determined and approved as an element of the planned unit development proposal, the development adheres to the parking requirements provided for in this chapter for the particular use or uses proposed.

e.

Traffic: Adequate provisions have been designed to provide ingress and egress to minimize traffic congestion on the public streets.

f.

General design: The planned unit development is designed so as to support, enhance, and protect the public health, safety, comfort, or general welfare. In addition to the specific standards, the development commission shall recommend approval or denial of the proposed planned unit development by setting forth with particularity in what respect the proposal would or would not be in the public interest including, but not limited to the following:

(1)

In what respects the proposed plan is or is not consistent with the stated purpose of the planned unit development regulations;

(2)

The extent to which the proposed plan meets the requirements and standards of the planned unit development regulations;

(3)

The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to the density, dimension, area, bulk, and use, and the reasons why such departures are deemed to be in the public interest;

(4)

The physical design of the proposed plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, provide for and protect designated common open space, and further the amenities of light and air, recreation and visual enjoyment;

(5)

The relationship and compatibility, beneficial or adverse, of the proposed plan to the abutting properties and neighborhood;

(6)

The desirability of the proposed plan to physical development, tax base, and economic well-being of the entire community.

g.

Conditions and restrictions. Prior to recommending the granting of any planned unit development special use, the development commission may recommend or the president and board of trustees may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection and requirements specified herein or as may be from time to time required. In all cases in which special uses are granted, the president and board of trustees may require such evidence and guarantees as it may deem necessary to attempt to insure compliance with the conditions stipulated in connection therewith.

4.6.5. Approval of final plat. The final planned unit development plat shall conform substantially to the preliminary plat as approved. If desired by the developer, the final plat may be submitted in stages with each stage reflecting the approved preliminary plat provided that such stages conform to all requirements of these regulations. The required procedure for approval of a final plat shall be:

a.

A final planned unit development plat and other supporting data required for approval shall be submitted to the zoning administrator.

The final plat must be submitted for approval in accordance with the agreed upon scheduling from date of approval of preliminary plan, but not later than one year. In the event that same is not done, the village may initiate such zoning changes as it deems necessary to preserve public interest.

Final plats and supporting data shall show in detail the design, location, and use of all buildings and overall land development, and shall include the following:

(1)

An accurate legal description of the area under immediate development within the planned unit development.

(2)

An accurate survey of said area.

(3)

A subdivision plat of all subdivided lots proposed for development.

(4)

Conformance with the preliminary land use and zoning plan.

(5)

The actual placement of buildings to be constructed shall not violate the separation between buildings, streets, or lot lines as approved on the preliminary plan.

(6)

The plat shall be certified true and correct and dated by a State of Illinois registered land surveyor, or certified civil engineer, and the plat shall be in conformance with all applicable statutory requirements.

(7)

Evidence of current ownership.

b.

After review of the final plat, the development commission shall recommend approval, disapproval, or approval subject to such conditions as the development commission may recommend to the president and board of trustees.

c.

The president and board of trustees, after receipt of final plat from the development commission shall approve, disapprove, or refer back to the development commission the final plat.

4.6.6. Filing the final plat. The ordinance authorizing the planned unit development shall be effective only upon recording by the village clerk of the planned unit development plats and supporting data with the county recorder of deeds unless the ordinance shall otherwise provide. No permit, allowing construction of a building or other development, shall take place until after the adoption of the ordinance of the approval and recording of the final plat.

4.6.7. Changes in the planned unit development. The planned unit development project shall be developed only according to the approved and recorded final plat and supporting data. The recorded final plat and supporting data together with any recorded amendments thereto shall be binding on the applicants, their successors, and assigns in title thereto and shall limit and control the use of the site and location of structures in the planned unit development project as set forth therein.

a.

Major changes. Changes that increase the density, the height of buildings, reductions of proposed open space, changes in the development schedule, changes in the final governing agreements, provisions, or covenants, changes to roadway width, points of ingress or egress, areas to be subject to utility easements, building locations that decrease space between buildings, or changes in the proposed use of a structure, may be approved only by submission of a new preliminary plan and supporting data and following the "preliminary approval" steps and subsequent amendment of the final planned unit development plan.

b.

Minor changes. The president and board of trustees may approve minor changes in the planned unit development without submission of a new preliminary plan if such changes do not change the concept or the intent of the development.

4.6.8. Schedule. No approval for a planned unit development shall be valid longer than 12 months from the effective date of the ordinance granting such planned unit development, or from August 21, 1986, with respect to planned unit developments including sections, phases, or portions thereof granted prior to the passage of this amendment, unless a building permit has been obtained and the construction or alteration of a building has been started or the use commenced within such period.

(Code 1975, ch. 27, § 4.6; Ord. No. O-94-15, § 9, 4-21-1994)

4.7.1. Purpose. The variation process is intended to provide limited relief from the requirements of this chapter in those cases where strict application of those requirements will create a practical difficulty or unnecessary hardship prohibiting the use of land in a manner otherwise allowed under this chapter. In no event, however, shall the village board grant a variation that would allow the establishment of a use not otherwise allowed in a zoning district or that would change the zoning district classification of any or all of the affected property.

4.7.2. Authority. Variations shall be authorized or denied by the village board in accordance with the regulations and conditions set forth in this section 110-4.7 for variances. No application for a variation shall be acted upon by the village board until after:

a.

A public hearing has been held by the development commission after due notice by publication as required by section 110-4.7.4 herein; and

b.

A written report containing recommendations, findings of fact, and other appropriate commentary and conditions is adopted by the development commission and forwarded to the village board.

4.7.3. Initiation. An application for a variation may be made to the zoning administrator by the owner of the property, or his/her designated representative, for which the variance is proposed to be located or established.

4.7.4. Notice of hearing. Notice shall follow the procedures for notice of public hearings in section 110-4.10.1 of this chapter.

4.7.5. Processing.

a.

Upon receipt of a complete application, including all required supporting documentation, the zoning administrator shall schedule the petition for a public hearing.

b.

All information and documents applicable to the variance application shall be submitted to the zoning administrator at least 30 days prior to the regularly scheduled meeting of the development commission, during which a public hearing will be held.

4.7.6. Decisions.

a.

The development commission shall hold a public hearing which hearing may be continued by the development commission.

b.

Following the adjournment of the public hearing, the development commission shall adopt and forward its written recommendations and findings of fact on the variance to the village board. The village board shall make the final decision on the variation.

4.7.7. Authorized variations. Variations from the regulations of this chapter may be recommended by the development commission to the village board only in accordance with the standards set forth in this section, and may be granted only in the following instances, and in no others:

a.

To permit up to 20 percent reduction in the front, rear, or side yards in residential zoning districts as required by this chapter, and to permit an unlimited reduction in the front, rear and side yards in all other zoning districts as required by this chapter.

b.

To reduce the applicable off-street parking or loading facilities required by not more than 20 percent, or a minimum of one space, of the applicable regulations.

c.

To increase by not more than ten percent the maximum gross floor area of any use so limited by the applicable regulations.

d.

To recommend the issuance of a permit for the reconstruction of a nonconforming building that has been destroyed or damaged to an extent of more than 50 percent of its replacement cost by fire, acts of God, or the public enemy, where the development commission shall find some compelling public necessity requiring a continuation of the nonconforming building.

e.

To exceed any of the authorized variations allowed under this chapter, when a lot of record or a zoning lot is, by reason of the exercise of the power of eminent domain by any authorized jurisdictional body, changed from a complying lot to a lot in violation of applicable requirements hereof.

f.

To eliminate the requirement of enclosing loading spaces when a building fronts on more than two streets.

g.

To permit up to 20 percent reduction in any particular landscape requirement.

Additionally, application may be made to the zoning administrator for an administrative variance of no more than ten percent of any particular landscape requirement in lieu of the development commission process and village board action, provided the intent of such requirements are met and the variance otherwise meets all requirements for a variation. The application or decision concerning an administrative landscape variance shall not eliminate the potential to apply to the development commission for the same or similar variation.

h.

To recommend a variation to other development requirements where, by reason of an exceptional situation, surroundings, or a condition of a zoning lot or lot of record, or by reason of exceptional narrowness or shape of a zoning lot or lot of record, or by reason of exceptional topographic conditions, the strict application of provisions of this chapter would result in peculiar and exceptional practical difficulties or particular hardship upon the owner of such property, as distinguished from a mere inconvenience to such owner, provided such relief as recommended be granted without substantial detriment to the public good and without substantially impairing the general purpose and intent of the comprehensive plan as established by the regulations and provisions contained in this chapter.

4.7.8. Standards for review.

a.

No variation shall be recommended for approval by the development commission to the village board unless the variation meets the following standards:

(1)

That the variation, if granted, will not alter the essential character of the locality, and will be consistent with the goals and objectives set forth in the comprehensive plan.

(2)

That the plight of the owner is due to unique circumstances.

(3)

For the purpose of supplementing the above standards, the development commission, in determining that there are particular difficulties or hardships, shall also take into consideration the extent to which the following standards, favorable to the applicant, have been established by the evidence:

(a)

That the particular surroundings and topographical conditions of the specific property involved will bring hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out.

(b)

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

(c)

That the purpose of the variation is not based exclusively upon a desire to receive a greater economic return.

(d)

That the alleged difficulty or hardship has not been created by any person previously or currently having an ownership interest in the property.

(e)

That the granting of the variation will not be detrimental to the public welfare or unduly injurious to other property or improvements in the general area in which the property is located.

(f)

That the proposed variation will not impair an adequate supply of light and air to abutting property or substantially increase the danger of fire or otherwise endanger the public safety or substantially diminish or impair property values within the general area.

(g)

The design of the proposed variation will minimize adverse effects, including visual impacts, of the proposed use on abutting and nearby properties.

(h)

For variations from landscape requirements in section 110-6.3 the use of impervious surfaces on the property has been minimized to the greatest extent feasible.

4.7.9. Conditions and restrictions.

a.

Petitions for variations shall include submittal of a site plan to demonstrate conformance to the requirements, where practical, of section 110-4.3,

b.

The development commission may recommend and the village board may require such conditions and restrictions upon the property to be benefited by a variation as may be necessary to comply with the standards set forth in this chapter, to reduce or minimize the effect of such variation upon other property in the general area, and to implement the general purpose and intent of this chapter.

c.

No variation granted by ordinance of the president and village board shall be valid for a period longer than 12 months from the effective date of the ordinance granting such variation, including sections, phases or portions thereof granted prior to the passage of this chapter, unless a building permit has been issued and the construction or alteration of a building started or the use commenced within such period.

d.

A variation approved shall contain the following condition: If the property to which the variation applies becomes subject to: new development; a new application for a variation; increase in the intensity of use; or substantial building renovation; or, expansion or reconstruction of parking areas, the variation(s) previously granted pursuant to this section may become null and void if noted in subsequent site plan, special use, variance, or other development approval.

e.

For variation of landscape requirements, the development commission may recommend, and the village board may impose, any one or more of the following conditions and restrictions on the property benefited by a variation as may be deemed necessary to assure compliance with the applicable standards of section 110-6.3, to reduce or minimize the effect of such variation upon other property in the neighborhood, or to implement the general purpose of section 110-6.3:

(1)

Additional or substitute landscape plantings or areas on-site.

(2)

Construction of masonry walls in lieu of landscape screening.

(3)

Installation of decorative wrought iron or other appropriate fencing.

(4)

Removal of excess pavement areas.

(5)

Rearrangement or removal of on-site parking spaces and drive aisles.

Other conditions as determined by the development commission or the board of trustees.

(Code 1975, ch. 27, § 4.7; Ord. No. O-94-15, § 9, 4-21-1994; Ord. No. O-14-38, § 2, 11-6-2014)

4.8.1. Purpose. The text of this chapter and the zoning district map may be amended from time to time in accordance with the procedures and standards set forth in this chapter. The purpose of this section is to provide a means for amending the text of this chapter or changing the classification of any land identified on the zoning district map, and to make adjustments to the text of this chapter and to the zoning district map necessary in light of changed conditions, changes in public policy, or that are necessary to advance the general welfare of the village.

4.8.2. Authority. The regulations imposed and the districts created by this chapter may be amended from time to time by ordinance in accordance with the Illinois Revised Statutes and the village's home rule authority. Any proposed amendment shall be considered by the president and board of trustees only after the development commission has conducted a public hearing and has adopted and submitted a written report of its findings and recommendations to the president and board of trustees. Amendments hereafter shall mean a petition for a change in the text and/or the zoning map.

4.8.3. Initiation. Text amendments may be proposed by anyone. Map amendments may be proposed by the president and board of trustees, development commission, or the owner of property for which an amendment is requested. No zoning map amendment shall be proposed unless it is in conformance with the comprehensive plan. A comprehensive plan amendment may be proposed concurrently with a zoning map amendment.

4.8.4. Notice of hearing. Notice shall follow the procedures for posting notice of public hearings in section 110-4.10.1 of this chapter.

4.8.5. Processing. Upon receipt of a complete application, including all required supporting documentation, the application shall be forwarded to the development commission with a request to hold a public hearing. All information and documents applicable to the amendment application shall be received by the zoning administrator at least four weeks prior to the regularly scheduled meeting of the development commission to be scheduled for a public hearing on that date, and shall be forwarded to the development commission at least seven days prior to the hearing date.

4.8.6. Decisions. The development commission shall fix a reasonable time for the hearing of the amendment. The hearing may be continued from time to time by action of the development commission. Within 30 days of the adjournment of the public hearing, the development commission shall adopt and forward its written recommendations and findings on the amendment to the president and board of trustees. The president and board of trustees shall make the final decision on the amendment.

4.8.7. Findings of fact and recommendation of the development commission. The development commission shall make written findings of fact that shall be submitted with its recommendations to the president and board of trustees for consideration. Where the purpose and effect of the proposed amendment is to change the zoning classification of a particular property, the development commission shall make findings of fact based upon all the evidence presented to it and shall consider and provide specific findings on the following:

a.

Existing uses of property within the general area of the property in question.

b.

The zoning classifications of property within the general area of the property in question.

c.

The compatibility of the proposed use of the property in question to the uses permitted under the existing zoning classification.

d.

The trend of development, if any, in the general area of the property in question, including changes, if any, that have taken place in the zoning classifications of property in the general area of the property in question.

e.

The depreciatory or appreciatory impact, if any, of the proposed development upon surrounding properties in the general area of the property in question.

f.

The environmental impact of the proposed development.

g.

Compliance with the Hanover Park comprehensive plan.

h.

Fiscal impact.

When a proposed text amendment is not in conformance with the comprehensive plan, the development commission shall not recommend its adoption unless it finds based upon the specific findings that the adoption of such amendment is in the public interest and is not solely for the interest of the applicant, and that either the proposed amendment will correct an existing error or changed conditions make the proposed amendment necessary.

4.8.8. Failure to make recommendations. If the development commission has failed to adopt and submit its findings of fact and recommendations on an application for a proposed amendment within 30 days of the date when the public hearing on the application was adjourned, and such time is not extended by the village president and board of trustees, the proposed amendment shall be deemed to have received a recommendation of denial. The zoning administrator shall file a copy of the minutes, along with such findings of fact regarding the matters set forth in section 110-4.8.7, and the president and board of trustees shall proceed to consider the proposed amendment.

4.8.9. Action by the president and board of trustees. Except as provided herein, the president and board of trustees shall not act upon a proposed amendment until it has received the adopted and written report and recommendations from the development commission on the proposed amendment.

If an application for a proposed amendment is not approved or denied by the president and board of trustees within 30 days of the date of receipt of the development commission's recommendations, and such time is not extended by mutual consent of the president and board of trustees and the applicant, it shall be deemed to have been denied.

4.8.10. Typographical or drafting errors. Notwithstanding any other provisions set forth above, amendments to correct typographical or drafting errors in the text of this chapter or on the zoning district map or any ordinances adopted pursuant to the provisions of this chapter may be adopted by the board of trustees at a regular meeting without the posting or personal delivery of prior notice and without a public hearing as otherwise required herein.

(Code 1975, ch. 27, § 4.8; Ord. No. O-94-15, § 9, 4-21-1994)

4.9.1. Purpose and intent. Appeals from the decisions of the zoning administrator are allowed under this chapter in order to ensure that any discretionary action taken by such officer pursuant to duties assigned by this chapter is consistent with the purposes of this chapter and any related policies adopted by the president and board of trustees.

4.9.2. Authority. The development commission shall hear and make recommendations, on appeals from an administrative order, requirements or determinations made by the zoning administrator under this chapter.

4.9.3. Initiation and processing.

a.

An appeal may be taken to the development commission by any person, firm, or corporation, or by an office, department, board, bureau or commission, aggrieved by an administrative order or decision made by the zoning administrator under this chapter, except for any minutes and findings of fact submitted by an officer pursuant to section 110-4.8.8.

b.

The appeal shall be taken within 30 days after the decision of the action complained of by filing with the zoning administrator and with the development commission a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the development commission all the papers constituting a record upon which the action appealed from was taken.

c.

An appeal stays all proceedings in furtherance of the action appealed from, unless the zoning administrator certifies to the development commission, 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 this event, the proceedings shall not be stayed other than by a restraining order, which may be granted by a court with jurisdiction.

d.

The development commission shall fix a reasonable time for the hearing of the appeal, give due notice thereof to the parties, and decide the appeal within 30 days after the conclusion of its hearing. Any party may appear at the hearing in person or be represented by an attorney. The development commission may recommend to reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination.

e.

All recommendations and findings of the development commission arrived at after the hearing shall be accompanied by findings of facts specifying the reason or reasons for recommending the approval or disapproval of the appeal.

Except as provided herein, the president and board of trustees shall not act upon an appeal until they have received a written report and recommendation from the development commission.

If an appeal is not approved or denied by the president and board of trustees within 30 days of the date from receipt of the recommendation of the development commission, and such time is not extended by mutual consent of the president and board of trustees and the applicant, it shall be deemed to have been denied.

4.9.4. Notice of hearing. Notice shall follow the procedures for posting notice of public hearings in section 110-4.10.1 of this chapter.

(Code 1975, ch. 27, § 4.9; Ord. No. O-94-15, § 9, 4-21-1994)

4.10.1. Notice.

a.

Notice of time and place of any hearing pursuant to section 110-4.2, 110-4.5, 110-4.6, 110-4.7, or 110-4.8 of this chapter shall be published at least once in a local newspaper of general circulation within the village not more than 30 nor less than 15 days before such hearing.

b.

The applicant shall mail a copy of such notice by certified mail, return receipt requested, to all taxpayers of record located within 250 feet of all boundaries of the subject property; evidence of mailing of such notices shall be by the petitioner or his attorney submitting a certificate listing the names and addresses of all taxpayers of record within said 250 feet and an affidavit that the notice was mailed in compliance with the provisions hereof to said taxpayers of record. Such notices shall be mailed at least 15 days prior to the public hearing date. Evidence of mailing must be submitted to the zoning administrator at least seven days prior to the scheduled hearing date. If compliance with the foregoing requirements providing for mailed notice of hearing and publication does not occur within the appropriate timeframes set forth, the public hearing shall be canceled and the applicant shall be required to submit a new petition.

c.

Any property for which an application is being considered for a change in the comprehensive plan, zoning classification, special use, planned unit development, or variation shall be posted with notice of such application at least 15 days prior to the public hearing. The posted notices shall be in number, size, and location as prescribed by the zoning administrator.

d.

If the petitioner has complied with the requirements of this section, failure of adjoining occupants to receive notice as specified above shall not be deemed to be jurisdictional, and shall not constitute a defect in notice requirements or invalidate a public hearing application, including the outcome of any such public hearing.

4.10.2. Reserved.

4.10.3. Zoning approvals required before submission of subdivision plat. Where a proposed development will require the subdivision or resubdivision of land under the Village Code, all rezonings, variations, and special use approvals required under this chapter shall be obtained before a final plat of subdivision is submitted for approval by the president and board of trustees.

4.10.4. Fees. The president and board of trustees, by ordinances adopted from time to time, shall establish a schedule of fees, charges, and expenses for zoning certificates, site plan review, occupancy certificates, application for amendments, special uses, appeals, planned unit developments, variations, subdivisions and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the village clerk and may be altered or amended by ordinance of the president and board of trustees.

4.10.5. Violation, penalty, enforcement. Any person, firm, or corporation, who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter, shall upon conviction be fined not less than $25.00 nor more than $1,000.00 for each offense. Each day that a violation of this chapter, or any ordinance granting a variation or special use exists or continues shall be considered a separate offense.

(Code 1975, ch. 27, § 4.10; Ord. No. O-94-15, § 10, 4-21-1994)