A.

The village board shall have all of the following duties under this title:

1.

Initiate and decide requests for adoption or amendments to the text of this title;

2.

Initiate and decide requests for adoption or amendments to the official zoning map;

3.

Decide requests for planned developments;

4.

Decide requests for special use permits;

5.

Decide requests for variances;

6.

Consider and, as appropriate, provide nonbinding comments on concept plans;

7.

Establish fees for the review and processing of all development applications; and

8.

Establish policies as they relate to the administration of this title.

A.

The planning and zoning commission, as established in Chapter 2.54 of the village code, shall have all of the following duties under this title:

1.

Initiate, hear and recommend to the village board requests for adoption or amendments to the text of this title;

2.

Initiate, hear and recommend to the village board requests for adoption or amendments to the official zoning map;

3.

Hear and recommend to the village board requests for planned developments;

4.

Hear and recommend to the village board requests for special use permits;

5.

Hear and recommend to the village board requests for variances;

6.

Consider and, as appropriate, provide nonbinding comments on concept plans;

7.

Conduct pre-application meetings with prospective applicants for:

a.

Amendments to the text of this title;

b.

Amendments to the official zoning map;

c.

Planned developments; and

d.

Special use permits.

8.

Hear and decide appeals to the orders, decisions and interpretations of the zoning officer or other authorized official of the village having jurisdiction under this title;

9.

Recommend to the village board policies as they relate to the administration of this title; and

9.

Perform all other duties and responsibilities as may be assigned by the village board.

B.

Expenditures. In the performance of its duties, the planning and zoning commission may incur such expenditures as shall be authorized by the village board. Each member and the secretary shall be compensated at a rate as authorized from time to time by the village board by ordinance.

(Ord. No. 20-18, § 7, 8-13-20)

Editor's note— Ord. No. 20-18, §§ 3, 7, adopted Aug. 13, 2020, repealed § 17.56.030, which pertained to establishment and powers and duties of zoning board of appeals and derived from Ord. No. 15-10, § 4, 4-23-15.

A.

The zoning officer shall have all of the following duties under this title:

1.

Maintain permanent and current records pertaining to:

a.

This title and amendments to it;

b.

The official zoning map and amendments thereto;

c.

All decisions, actions and orders of the zoning officer and other village officials having jurisdiction under this title;

d.

All decisions of the planning and zoning commission and village board made in accordance with this title and the application materials, reports, correspondence, notices, minutes, transcripts and other documents and materials of record on which those decisions are based;

e.

Decide requests for zoning certificates;

f.

Decide requests for certificates of occupancy;

g.

Decide requests for fence permits;

h.

Decide requests for sign permits;

i.

Decide temporary use permits;

j.

Decide requests for demolition permits;

k.

Initiate requests for amendments to the text of this title and the official zoning map;

l.

Accept, process, review and recommend all applications to be heard by the planning and zoning commission;

m.

Conduct pre-application conferences with prospective applicants;

n.

Provide information to the public concerning the provisions of this title;

o.

Interpret all provisions of this title;

p.

Enforce all provisions of this title and all permits and approvals granted hereunder, including all conditions placed on same; and

q.

Perform all other duties and responsibilities as may be assigned by the village board.

B.

The above notwithstanding, some or all of the above duties may be delegated to other village officials or consultants to the village with the approval of the village board. In the event of such delegation, the person assuming the delegated duties shall have the same authority as, and his or her decisions and orders shall have the same effect as, those of the zoning officer with respect to the particular duty.

C.

The zoning officer is designated and authorized to enforce this title. However, it shall be the duty of all officers, citizens, and employees of the village to assist the zoning officer by reporting to him or her any new construction, reconstruction, demolition, improved land uses, or any seeming violation.

A.

The building commissioner, as established in Section 2.28.050 of the village code, shall have all of the following duties under this title:

1.

Conduct such inspections as are necessary to determine compliance with provisions of this title which relate to construction permits; and

2.

Issue all certificates of occupancy and keep permanent records thereof.

A.

No land development activity requiring review and approval under this section and those that follow shall be initiated without having first received such review and approval.

B.

Review procedures differ depending upon the type of proposal. Generally, the procedures for all applications shall have three common elements:

1.

Submittal of a complete application, including required fee payment along with appropriate information;

2.

Review of the submittal by appropriate village staff and related agencies; and

3.

Action to approve, approve with conditions, or deny the application.

C.

Submittal dates and review time periods are established as part of the administrative policies of the village, copies of which may be obtained from the building department during regular business hours.

D.

Table 17.56.060.1 summarizes the procedures, agencies and personnel involved in the administrative development review process. Detailed information about the general procedures and applications and the agencies and public bodies involved in the process, and methods of appeal, are further discussed in Section 17.56.070 of this chapter.

(Ord. No. 20-18, § 7, 8-13-20)

The following elements are common to all procedures unless modified by more specific provisions.

A.

Time Frames. Time frames for action on the part of the village and applicant are established as part of the administrative policies of the village, a copy of which can be obtained from the building department during regular business hours. The zoning officer may shorten any time frame specified therein.

B.

Pre-Application Conference.

1.

Purposes. The general purposes of a pre-application are to:

a.

Obtain a complete understanding of the proposed project and the applicant's specific objectives;

b.

Identify all of the applicant's critical deadlines such as property closing dates and preferred construction and operations dates;

c.

Identify all of the approvals necessary to construct the proposed development;

d.

Identify all of the documents, plans, drawings, fees and other materials necessary for a complete application;

e.

Identify the most significant issues that the development will need to address in order to gain approval; and

f.

Provide the applicant with direction on how to meet the requirements of this title and other applicable regulations and policies.

2.

Applicability. Table 17.56.060.1 indicates the development permits for which a pre-application conference is mandatory or recommended. The zoning officer may waive the pre-application conference when in such officer's discretion there is substantial evidence to show that the purposes of this title can be met without having to conduct such a conference.

C.

Application Submittal Requirements. Submittal requirements for various types of development permits are established by administrative policy of the village, a copy of which can be obtained from the building department during regular business hours. These requirements are typical for the type of permit required; however, the scope or location of any specific development application may require different types or levels of information. At the pre-application conference, the zoning officer shall determine what information shall be submitted in order to provide for an adequate assessment of the project. At any time during the processing of any application, additional information may be required to respond to issues or concerns that may not have been evident at the pre-application conference. Requirements and information from the pre-application conference shall be recorded on a form supplied by the building department and made part of the development file upon submittal of the application.

D.

Application Requirements.

1.

Materials. Lists of required application materials are available in the zoning department during regular business hours.

2.

Application Deadlines. Schedules of application deadlines are established by administrative policy and are available in the zoning department during regular business hours.

3.

Application Fees. The village board sets fees in the amounts sufficient to recover all or a portion of the costs of processing, publicizing, and reviewing development applications. The most recent fee schedule, as adopted by the village board, is available from the zoning department during regular business hours.

4.

Completeness. The zoning officer shall review the application and determine if the application is complete for purposes of village staff and agency review and shall notify the applicant of any missing or incomplete materials.

E.

Notice. Public notice is not required for administrative permits. However, the zoning officer may provide public notice, in any form for any type of development application, whenever in the opinion of such officer such notice will further the purpose and intent of this title.

F.

Procedures.

1.

Staff Review. Administrative applications shall be reviewed by village staff and other appropriate agencies for compliance with village and agency codes, regulations and policies. Upon completion of staff review, village staff will provide its comments in writing to the applicant if requested by the applicant.

2.

Review by Other Agencies. The zoning officer may forward copies of the applications to various agencies for their review. These agencies include, but are not limited to, the following:

a.

Other village departments;

b.

Consultants to the village (e.g., planners, engineers, architects, plan revisers, etc.);

c.

Telecommunications, gas, electric and other utilities;

d.

School districts;

e.

Law enforcement agencies;

f.

Fire department or districts;

g.

The metropolitan water reclamation district;

h.

Cook County staff, zoning board of appeals, or board members;

i.

State agencies (e.g., IDNR, IEPA, IEMA, IDOT, etc.); and

j.

Federal agencies (e.g., Federal Emergency Management Agency, U.S. Army Corps of Engineers, etc.).

3.

Agency and Department Comments. Agencies will be asked to respond in writing concerning the requested review. The agencies' comments are advisory in character and do not constitute approval or disapproval. All comments shall be forwarded to the applicant for response.

4.

Applicant's Response. Where requested by the zoning officer, the applicant shall respond in writing to staff and agency comments.

G.

Decision-Making.

1.

Decision-Maker. Unless specified otherwise, the zoning officer shall approve, conditionally approve, or disapprove all applications for an administrative permit.

2.

Action. After the applicant has had the opportunity to respond to the comments of staff and/or other agencies, the zoning officer shall decide on the application based on the applicable approval criteria. At the applicant's request, the zoning officer may provide another set of comments and allow the applicant an additional opportunity to respond before rendering a decision.

3.

Authority to Condition Development Approvals. After a review of the application and other pertinent information, the zoning officer may impose conditions to assure compliance with applicable standards and regulations contained in this title and in other codes and policies of the village, or those of other regulatory agencies. The zoning officer shall include a copy of the conditions with the record of the decision. The applicant shall be notified in writing of any conditions imposed on the application.

4.

Appeals and Amendments. The zoning officer's decision is final unless a written appeal is received from an aggrieved parts. The form and requirements of an appeal shall be in accordance with the provision in Section 17.56.230 of this chapter. A permit shall be amended through the same process specified for the type of original approval.

5.

Validity. Unless otherwise provided herein or on the permit, all administrative permits shall expire within one year of issuance; however, the zoning officer may approve an extension of up to six months upon receipt of an application providing evidence that the applicant can proceed with the initial permit in conformance with the codes and policies that are then in effect.

6.

Continued Compliance. Once constructed and occupied, all components of a development shall be maintained and/or replaced as necessary for the project to remain in substantial compliance with all approved plans and conditions of approval. Failure to remain in substantial compliance, including the replacement of required plant materials that have died or are diseased, shall constitute a violation of this title.

7.

Enforcement and Revocation. In accordance with the provisions of this title, the zoning officer may revoke any permit for failure to comply with the conditions of the permit.

A.

Purpose. A zoning certificate is required to ensure that all applicable building permit applications are consistent with the provisions of this title.

B.

Applicability. No person shall establish, modify or expand a structure, other than a fence or sign, until a zoning certificate has been obtained and a building permit obtained pursuant to Title 15 of the village code.

C.

Approval Criteria. The applicant shall demonstrate and the zoning officer shall find, that the application complies with all of the following:

1.

Be located on a lot or parcel that is authorized for development by this title;

2.

Comply with the zoning district standards and use regulations established in this title;

3.

Have access to adequate public facilities and services in conformance with this title and other village requirements; and

4.

Have received all other applicable local, state and federal permits.

D.

Application, Review and Decision-Making Procedures. Application requirements, processing procedures and decision-making are described in Table 17.56.060.1 and Section 17.56.070 of this chapter with the following modification:

1.

Validity. A zoning certificate shall be valid for six months during which the applicant shall obtain a building permit. Once a building permit is obtained, the zoning certificate shall be valid for as long as the building permit remains valid; and

2.

Form of Certificate. The zoning certificate form shall be as determined by administrative policy of the village, which form may simply consist of the zoning officer's signature or initials on the approved building permit application form.

A.

Purpose. A building permit is required to ensure that all structures comply with the provisions of this title and the adopted village building code.

B.

Applicability. No person shall construct or modify a structure until a zoning certificate has been obtained and a building permit has been issued in accordance with Title 15 of the village code.

C.

Approval Criteria. The applicant shall demonstrate and the building commissioner shall find, that the application complies with all of the following:

1.

Have an approved zoning certificate; and

2.

Conform to the adopted building code, fire code, electrical code, plumbing code, health code, mechanical code, and any other applicable codes and policies.

D.

Application, Review and Decision-Making Procedures. Application requirements, processing procedures and decision-making are described in Title 15 of the village code and/or administrative policies of the village, which include the following:

1.

Applications. Applications shall be submitted to the building commissioner on forms supplied by that official.

2.

Inspections. All building plan reviews and inspections shall be conducted as directed by the building commissioner.

3.

Decision-Making. The building commissioner shall decide all requests for a building permit.

4.

Validity. The effective period of a building permit shall be determined by the building commissioner in accordance with adopted codes and administrative policies of the village.

A.

Purpose. A certificate of occupancy/final inspection is required to ensure that all structures and uses comply with the provisions of this title and all preceding development permit approvals.

B.

Applicability. Once a use is established pursuant to a development permit, the use shall obtain a certificate of occupancy/final inspection. After issuance of a building permit, the portion of the structure for which the building permit was issued shall not be occupied or used until a certificate of occupancy/final inspection has been approved in accordance with Title 15 of the village code and/or administrative policies of the village.

C.

Approval Criteria. The structure/use shall comply with all applicable regulations and all conditions of approval of precedent development permits.

D.

Applications, Review and Decision-Making Procedures. The applicant shall contact the zoning officer and/or building commissioner to obtain required intermittent and final inspections. For certain types of building permits, the building commissioner may issue a certificate of occupancy upon passage of a final inspection; however, the certificate of occupancy shall not be valid until approved by the zoning officer.

A.

Purpose. A fence permit is required to ensure that fences are located and constructed in a safe, durable and aesthetically pleasing manner.

B.

Applicability. No person shall erect a fence until a fence permit has been issued by the zoning officer.

C.

Approval Criteria. The applicant shall demonstrate, and the zoning officer shall find, that the proposed application complies with all of the following:

1.

Fences shall be designed, constructed and erected in conformance with Chapter 17.36 of this title, all applicable zoning or overlay district design standards, and all conditions of any for the applicable planned unit development, special use, variance and/or subdivision approval; and

2.

Fences shall meet all safety requirements concerning traffic visibility.

D.

Application, Review and Decision-Making Procedures. Application requirements, processing procedures and decision-making are described in Table 17.56.060.1 and Section 17.56.070 of this chapter, with the following modifications:

1.

Application Materials. A fence plan shall show:

a.

The materials for all fence components;

b.

The method of construction and anchoring for the fence, posts and gates;

c.

The distance between the fence and the abutting property lines; and

d.

The height of the fence.

A.

Purpose. A sign permit is required to ensure compliance with all applicable provisions of this title and to ensure all signage is safe and not a hazard to the public.

B.

Applicability. Sign permits shall be required for all of the following:

1.

All signs permitted in Chapter 17.36 of this title, other than those associated with single-family residences; and

2.

Any modification of an existing sign that includes:

a.

A change in the materials, size, shape or location of the sign;

b.

A change in any supporting or mounting component of an existing sign (such as poles and brackets) that requires a building permit as per the adopted building code; and

c.

A change in the electrical service to an existing sign that requires an electrical permit as per the adopted electrical code.

C.

Approval Criteria. The applicant shall demonstrate, and the zoning officer shall find, that the application complies with all of the following:

1.

All applicable provisions of Chapter 17.36 of this title;

2.

All conditions or provisions included in any applicable approved temporary use permit, special use permit, planned development, development agreement, annexation agreement or sign variance; and

3.

All requirements of any applicable zoning or design overlay district.

D.

Application, Review and Decision-Making Procedures. Application requirements, processing procedures and decision-making are described in Table 17.56.060.1 and Section 17.56.070 of this chapter, with the following modifications:

1.

Other Permits Requires. Upon approval of a sign permit, a building and/or electrical permit also may be required as per adopted codes. In such cases, neither a building nor electrical permit shall be issued until the sign permit is first approves. Further, all required permits must be obtained prior to installation or modification of the subject sign.

E.

Expiration of Sign Permit. A sign permit shall expire immediately upon a finding by the zoning officer of any of the following:

1.

The sign has not been constructed in accordance with the sign permit within one hundred eighty (180) days of issuance of the permit;

2.

The sign is unsafe due to damage or a lack of maintenance and has not been repaired after being provided thirty (30) days notice to do so by the zoning officer;

3.

The business the sign advertises has not operated for more than thirty (30) days on the lot of record on which the sign is located;

4.

The product the sign advertises has not been available for more than one hundred eighty (180) days; or

5.

The event the sign advertises occurred more than one hundred eighty (180) days in the past.

F.

Removal of Signs. Upon the expiration of a sign permit, the sign face shall be removed or covered. Within one year of the expiration of a sign permit, all supporting poles, brackets, guy wires, frames, boxes, and similar appurtenant members shall be removed.

A.

Purpose. A temporary use permit is required to ensure that all temporary uses, including special events, are conducted in a safe manner that mitigates potential adverse impacts on village infrastructure and adjacent properties.

B.

Applicability. A temporary use is a use established for a fixed period of time, with the intent to discontinue such use upon the expiration of such time, that does not involve the construction or alteration of any permanent structure. No person shall establish a temporary use until a temporary use permit has been obtained. Special events and activities conducted on public property, such as school sites and parks, shall be exempt from the provisions of this section but must comply with the regulations and guidelines of the authorizing agency (e.g., school district or park districts. Only one temporary use is permitted on a parcel or lot at any time.

C.

Approval Criteria. The applicant shall demonstrate, and the zoning officer shall find, that application complies with all of the following:

1.

The use is a permitted temporary or permanent use in the applicable district;

2.

There is no other valid temporary use on the parcel or lot;

3.

The use will not be detrimental to the public health, safety and general welfare, and the use is consistent with the purpose and intent of this title and the specific zoning district in which it will be located;

4.

The use is compatible in intensity, characteristics and appearance with existing and permitted land uses in the same zoning district in the immediate vicinity of the temporary use, and those uses will not be adversely affected by the temporary use or the activities associated with it. Factors in determining compatibility include, but are not limited to: location, noise, odor, light, dust control, and hours of operation;

5.

The use will not cause traffic volumes to exceed the capacity of affected streets;

6.

Adequate off-street parking to serve the use is provided in accordance with Chapter 17.28 of this title, and the use does not reduce the number of required off-street parking spaces or loading areas of the principal permitted uses on the site;

7.

The entrance and exit drives comply with this title, except that paving shall not be required for a temporary use;

8.

Permanent hook-ups to utility services are not provided;

9.

Structures and/or display of merchandise comply with the yard and property line setback requirements of the applicable zoning district. The items shall be displayed so as not to interfere with the sight visibility triangle of the intersection of the curb line of any two streets or a driveway and a street. In no case shall items be located within the public right-of-way;

10.

Uses involving the sale of merchandise have obtained a sales tax license from the village in accordance with village sales tax ordinances;

11.

Signage for the use is provided in compliance with Chapter 17.36 of this title; and

12.

A minimum of thirty (30) calendar days has lapsed since the previous temporary use on the parcel or lot expired.

D.

Application, Review and Decision-Making Procedures. Application requirements, processing procedures and decision-making are described in Table 17.56.060.1 and Section 17.56.070 of this chapter with the following modification:

1.

Validity. The zoning officer shall determine the time period of validity for a temporary use permit based on the nature of the specific temporary use provided, however, that no temporary use permit shall be valid for a period of more than six months, excepting authorized construction and real estate sales offices and trailers, and that any extension request for a period beyond an additional thirty (30) days be approved only by the zoning board of appeals on appeal in accordance with Section 17.56.230 of this chapter. Temporary use permits for authorized construction and real estate sales offices and trailers shall be valid for six months and may be renewed by the zoning officer for additional six-month periods provided that such temporary uses continue to comply with all applicable standards of this section and all conditions placed upon the temporary use permit, and that the building permit remains valid for the structure(s) directly related to the construction trailer or real estate sales office. In any event, temporary use permits for construction and real estate offices and trailers shall expire, and the temporary offices and trailers removed, within thirty (30) days after the issuance of a certificate of occupancy for the structure(s) directly related to said temporary offices and trailers.

A.

Purpose. A demolition permit is required to ensure that all demolitions are conducted in a safe manner that mitigates potential adverse impacts on village infrastructure and adjacent properties and to ensure that all proposed redevelopment is consistent with all applicable codes prior to the removal of the existing buildings and improvements.

B.

Applicability. No person shall demolish an existing structure without first obtaining a demolition permit from Cook County and the village zoning offices. Demolitions of dangerous buildings, as defined in the building code and state law, or those buildings that otherwise pose an eminent threat to human health and environment, in the opinion of the building commissioner, are exempt from the provisions of this section.

C.

Approval Criteria. The applicant shall demonstrate, and the zoning officer shall find, that the application complies with all of the following. Where these requirements conflict with those of Cook County, the more restrictive provisions shall apply:

1.

The application contains all of the information as required in subsection (D) of this section;

2.

The demolition complies with all requirements in the building code including the disconnection of all existing utilities and the posting of a bond;

3.

The demolition site is completely enclosed with a fence or other barrier of at least three feet in height for one- and two-family dwellings and six feet for all other buildings;

4.

The demolition will not be detrimental to the public health, safety and general welfare; and that adequate mitigation measures will be taken to reasonably control adverse impacts on neighboring properties such as, but limited to: dust, noise, erosion, stormwater runoff, and damage to landscaping, paving, buildings, and other improvements;

5.

The proposed redevelopment of the site complies with all of the standards of the underlying zoning district. In the event non-administrative zoning approvals are required to permit the proposed redevelopment as per Section 17.56.170 of this chapter, such approvals shall be obtained prior to the issuance of a demolition permit;

6.

The proposed grading plan complies with all applicable stormwater management requirements and, at a minimum, demonstrates that post-redevelopment runoff does not exceed existing runoff and that flows onto adjacent properties are not increased or altered in such a manner so as to have an adverse impact on adjacent property;

7.

The mature trees and higher quality landscaping to be removed are the minimum necessary to accommodate the demolition and proposed redevelopment and that adequate protection measures will be taken to protect and preserve all trees that are to be preserved;

8.

Proposed alteration, removal or relocation of trees within the public parkway are made in conformance with Section 12.20.040 of the village code;

9.

In the event that parkway trees do not presently exist at forty (40) foot intervals, such trees are added following the demolition or as part of the redevelopment of the property;

10.

All failing, missing or damaged sidewalk, curbs and gutters adjacent to the site are replaced immediately following demolition or as part of the redevelopment of the site. The village engineer shall determine if these improvements cannot physically be constructed or are not contiguous to similar improvements meeting the requirements of this title or Title 16 of the village code. In the event of such a determination, the applicant shall pay a fee in lieu of construction prior to the issuance of the demolition permit, which fee shall be established by the village engineer based upon the estimated cost of construction of such improvements at the time of permit issuance. Fees paid shall be utilized as authorized by the village board for construction and maintenance of similar improvements within the village; and

11.

In the event an existing driveway is to be relocated, the portion of the recessed curb where the existing driveway is located is removed and replaced with curb and other right-of-way improvements (turf, trees, paving, etc.) to match adjacent areas.

D.

Application, Review and Decision-Making Procedures. Application requirements, processing procedures and decision-making are described in Table 17.56.060.1 and Section 17.56.070, with the following modifications:

1.

Additional Application Requirements. All applications for a demolition permit shall be accompanied by the following:

a.

A copy of a valid Cook County demolition permit for the subject property and building(s), including all conditions and restrictions placed by the county;

b.

A plat of survey or altar survey of the entire site and the adjoining rights-of-way;

c.

An existing site plan showing all property lines, adjoining rights-of-way, and existing buildings, paving, landscaped areas, and other site improvements (if not included on the plat of survey);

d.

A demolition plan showing all buildings, paving, landscaped areas, and other site and right-of-way improvements to be removed as part of the demolition;

e.

A written demolition operations plan indicating the measures to be taken to secure the site and control adverse impacts on neighboring properties such as, but limited to: dust, noise, erosion, stormwater runoff, and damage to landscaping, paving, buildings, and other improvements;

f.

A proposed redevelopment site plan showing the existing property lines, adjoining rights-of-way, and the proposed buildings, paving, landscaped areas, and other site and right-of-way improvements to be constructed as part of the redevelopment of the site;

g.

A front elevation of the proposed building(s) to be constructed as part of the site redevelopment. Elevations for the other sides of the building(s) also may be required as necessary for the zoning officer to determine consistency of the building(s) with the provisions of this title;

h.

A proposed grading plan with minimum one foot contours and drainage flow arrows. Stormwater calculations for existing and proposed runoff also may be required by the zoning officer to determine consistency with applicable stormwater management codes and this section;

i.

An existing mature tree and higher quality landscaping survey showing all existing mature trees and higher quality landscaping on the lot, especially near the perimeter. Mature trees are defined as having a caliper of four inches or more for deciduous trees and five feet or taller for evergreen trees; and

j.

A proposed mature tree and landscaping preservation plan showing all existing mature trees and higher quality landscaping to be preserved, as well as those to be added. In addition, the plan shall specify the measures to be taken during demolition and site redevelopment in order to protect the existing mature trees and landscaping to be preserved. Further, the plan shall provide that in the event mature trees and landscaping to be preserved are damaged, destroyed or die during demolition, site redevelopment or within two years after the completion of the redevelopment of the site, said higher quality landscaping shall be replaced with a similar quality and density of plant materials and said mature trees shall be replaced so that the combined caliper of the new trees equals or exceeds the combined caliper of all lost mature trees and that no new tree shall have less than a two-inch caliper. The above notwithstanding, nothing herein shall prohibit the village from seeking action and prosecution of a code violation against the applicant or other responsible party for the willful or negligent damage or destruction of mature trees and higher quality landscaping designated for preservation.

2.

Construction Activity. Construction activity shall occur only during regulated working hours and noise levels shall be in conformance with applicable codes and ordinances including the requirements in Section 8.20.020 of the village code.

3.

Validity. Village demolition permits shall be valid for a concurrent time period with the valid Cook County demolition permit for the same site and building(s).

4.

Time Period to Obtain a Building Permit or Complete the Improvements. Within thirty (30) days of completion of the demolition, the applicant shall obtain a building permit for the site redevelopment and commence construction or shall complete all of the proposed right-of-way improvements including curbs, gutters, sidewalks, trees and landscaping as well as all site grading and seeding. The time period for obtaining a building permit or completing the improvements may be extended by the zoning officer for up to an additional thirty (30) days upon a showing that the applicant is working in good faith to complete the plans and specifications necessary to obtain a building permit or those necessary to complete the improvements. In the event that the improvements would be required to be constructed out of season, the zoning officer may extend the construction deadline to the next first day of May. In so doing, the zoning officer may require a completion bond be posted with the village, which bond shall generally conform to the requirements specified in Section 16.12.040 of the village code.

A.

No land development activity requiring review and approval under this section and those that follow shall be initiated without having first received such review and approval.

B.

Review procedures differ depending upon the type of proposal. Generally, the procedures for all applications shall have three common elements:

1.

Submittal of a complete application, including required fee payment along with appropriate information;

2.

Review of the submittal by appropriate village staff, agencies and boards; and

3.

Action to approve, approve with conditions, or deny the application.

C.

Submittal dates and review time periods are established as part of the administrative policies of the village, a copy of which can be obtained from the building department during regular business hours.

D.

Table 17.56.160.1 summarizes the procedures, and review bodies involved in the non-administrative development review process. Detailed information about the general procedures, applications and review bodies involved in the process, and methods of appeal, are further discussed in Section 17.56.170 of this chapter.

(Ord. No. 20-18, § 7, 8-13-20)

The following elements are common to all procedures unless otherwise modified by more specific provisions:

A.

Time Frames. The time frames for action on the part of the village and applicant are established as part of the administrative policies of the village, a copy of which can be obtained from the building department during regular business hours.

B.

Pre-Application Conference.

1.

Purposes. The general purposes of a pre-application are to:

a.

Obtain a complete understanding of the proposed project and the applicant's specific objectives;

b.

Identify all of the approvals necessary to construct the proposed development;

c.

Identify applicable administrative policies including, but not limited to, those pertaining to time frames/deadlines, fees and requirements/recommendations for neighborhood meetings;

d.

Identify all of the documents, plans, drawings, fees and other materials necessary for a complete application;

e.

Identify the most significant issues that the development will need to address in order to gain approval; and

f.

Provide the applicant with direction on how to meet the requirements of this title and other applicable codes, regulations and policies.

2.

Applicability. Table 17.56.160.1 indicates the development permits for which a pre-application conference is required or recommended. For applications to be heard by the planning and zoning commission, the pre-application conference shall be held with the planning and zoning commission or its designed. For all other applications, a pre-application conference with the zoning officer is highly recommended.

3.

Application Submittal Requirements. Submittal requirements for various types of development permits are established by administrative policy of the village, a copy of which can be obtained from the building department during regular business hours. These requirements are typical for the type of approval required; however, the scope of any specific development application may require different types or levels of information. At the pre-application conference, the zoning officer shall determine what information shall be submitted in order to provide for an adequate assessment of the project. At any time during the processing of any application, additional information may be required to address issues or concerns that may not have been evident at the pre-application conference. Requirements and information from the pre-application conference shall be recorded on a form supplied by the department and made part of the development file upon submittal of the application.

C.

Application Requirements.

1.

Materials. Lists of required application materials are available from the building department during regular business hours.

2.

Application Deadline. Schedules of application deadlines are established by administrative policy and are available in the zoning department during regular business hours.

3.

Application Fees. The village board sets fees in amounts sufficient to recover all or a portion of the costs of processing, publicizing and reviewing development applications including requirements for deposits or escrow funds necessary to cover expenses incurred by the village for technical consultants. The most recent fee schedule, as adopted by the village board, is available from the building department during regular business hours.

4.

Completeness. The zoning officer shall review the application and determine if the application is complete for purposes of village staff and agency review and shall notify the applicant of any missing or incomplete materials.

D.

Procedures.

1.

Staff Review. Applications shall be reviewed by village staff and other appropriate agencies for compliance with village and agency codes and policies. Upon completion of the staff review, village staff will provide its comments in writing to the applicant.

2.

Review by Other Agencies. The zoning officer may forward copies of the applications to various agencies for their review. These agencies include, but are not limited to, the following:

a.

Other village departments;

b.

Consultants to the village (e.g., planners, engineers, architects, plan revisers, etc.);

c.

Telecommunications, gas, electric and other utilities;

d.

School districts;

e.

Law enforcement agencies;

f.

Fire department or districts;

g.

The metropolitan water reclamation district;

h.

Cook County staff, planning and zoning commission, or board members;

i.

State agencies (e.g., IDNR, IEPA, IEMA, IDOT, etc.); and

j.

Federal agencies (e.g., Federal Emergency Management Agency, U.S. Army Corps of Engineers, etc.).

3.

Agency and Department Comments. Agencies will be asked to respond in writing concerning the requested review. The agencies' comments are advisory in character and do not constitute approval or disapproval. All comments shall be forwarded to the applicant for response.

4.

Applicant's Response. The applicant shall respond to staff and agency comments in writing.

5.

Review of Response. Upon receipt of the applicant's response to comments, the zoning officer shall determine if sufficient information has been provided to schedule the application for a hearing. If the zoning officer deems the application insufficient for such purposes, the zoning officer shall notify the applicant in writing of the informational deficiencies.

E.

Notice.

1.

Purpose. Public hearings under this section and notice thereof provide the opportunity for input in decisions that may affect the community. Public participation ensures that decisions reflect consideration of the community interest and ensure that the applicant and other interested parties are given due process—the opportunity to be heard. Accordingly, nothing herein shall prohibit the zoning officer from providing public notice that meets or exceeds these requirements for any type of development permit, whenever he or she believes such notice will further the purposes and intent of this title.

2.

Published Notice.

a.

Except as otherwise specifically provided for in this chapter, in any instance in which a public hearing is required, a notice setting forth the date, time, place and purpose of such hearing, the general nature of the request or matter to be heard, the name of the applicant and property owner, and identification of the location of the subject property must be published at least once, not more than thirty (30) nor less than fifteen (15) days before the hearing, in a newspaper of general circulation in the village.

b.

With all other required application material, the applicant shall either provide the information for the notice, or bear the cost of collection, to the zoning offices. The village shall be responsible for preparing the notice for publication and submitting it to the newspaper.

3.

Mailed Notice.

a.

Mailed notice of a public hearing, as may be required by administrative policy of the village, shall be prepared and sent by the zoning officer at the applicant's cost by first class U.S. Mail. The notice shall be mailed to each property owner within two hundred fifty (250) feet of the subject property at the mailing address listed in the official records of the Cook County, Illinois Assessor.

b.

The point at which the distance is measured for the mailed notice shall begin at the property boundary line that completely encompasses the subject proposal. The distance to affected properties shall be measured in a straight line from the subject property boundary.

c.

Mailed notice shall state the date, time, place, and purpose of the hearing, a general description of the proposal or nature of the request or matter to be heard, the location of the property which is the subject of the hearing, the name of the applicant and subject property owner and other such requirements as further specified in this title. The mailed notice must also include a statement explaining that members of the public may be heard at the public hearing and interested parties may cross-examine those testifying at the hearing, where required by law. The timing of the mailed notice shall be as established by administrative policy of the village. Newspaper clippings of the published notice shall not be used for mailed notice.

d.

The failure of a property owner to receive notice by mail, if timely sent and properly prepared in accordance with this section, shall not be grounds for invalidating any action taken by the responsible decision-making body.

4.

Property Sign.

a.

A sign, posted on the property that is the subject of the application, and advising the general public of the public hearing, may be required by administrative policy of the village, which policy may also include the requirements for the sign such as, but not limited to, its content, size, location and time period of display. A copy of the applicable administrative policy, if any, shall be available from the building department during regular business hours.

b.

A sign that is posted on the subject property in accordance with the provisions of the applicable administrative policy and which is later removed, defaced, damaged, knocked down or otherwise rendered not visible to the public through acts of nature or actions by any person or persons, other than the applicant, shall be deemed to fully comply with the applicable administrative policy and shall not be grounds for invalidating any action taken by the responsible decision-making body.

c.

Combined Notice. In instances where a proposed development requires action on several development permits at the same hearing, the zoning officer may provide a single, combined notice for all actions to be taken.

5.

Substantial Compliance. Notice shall be deemed to be complete when there is substantial compliance with the requirements of this section. Minor technical deviations in the language of published or mailed notice or property signs shall not be deemed to impair the notice when notice has been given. The requirement for the number of days of notice, for the general types of notices and for specifying the time, date and place of a hearing and the general location of the property shall be strictly construed; where there is a question raised at the hearing regarding the adequacy of notice, the body conducting the hearing shall make a formal finding as to whether there was substantial compliance with the notice requirement.

F.

Request for a Continuance Prior to Hearing. An applicant shall have the right to one (1) continuance prior to the public hearing, provided that a written request is filed with the zoning officer at least five (5) business days prior to the date of the hearing being continued. If an application is not continued in this manner, the right to a continuance shall be waived. There is no tacking of rights from one (1) application to another. Additional continuances shall be per subsection (H)(5) of this section.

An applicant requesting a continuance shall make reasonable efforts to notify all persons previously advised of the hearing by mail that a continuance has been requested. Reasonable efforts shall include, but not be limited to, personal notice, broadcast or print media notice, property signs, and any other form of notice determined by the zoning officer to be reasonably. The applicant shall reimburse the village and provide all materials necessary to provide published and mailed notice of the rescheduled public hearing date in the same manner and in accordance with the same time schedule as for the original date.

The review body scheduled to conduct the hearing shall, upon compliance with this section, grant the continuance to a time and date certain, to be decided at its discretion. The hearing may be continued without being opened for public testimony. Requests for additional continuances shall be heard as per subsection (H)(5) of this section.

G.

Withdrawal of Application. At any time prior to the hearing on an application, the applicant may request in writing that the application be withdrawal from consideration, subject to forfeiture of fees. After a hearing is opened, an applicant may request a withdrawal; however, the body conducting a hearing shall decide whether or not to approve the request and may approve the request either with or without prejudice. An application that is approved for withdrawal with prejudice may not be resubmitted for one (1) year from the date of withdrawal.

H.

Public Hearing Procedures.

1.

Timing. When the zoning officer determines that a development permit application is sufficient to be scheduled for a public hearing, notice of such hearing shall be made pursuant to subsection (E) of this section.

2.

Purpose of Hearing. The purpose of a public hearing is to allow the applicant and all other parties a reasonable and fair opportunity to be heard, to present evidence relevant to the application, to rebut evidence presented by others, and the opportunity to cross-examine witnesses as permitted by law.

3.

Hearing Body. Public hearings for non-administrative permits shall be held as indicated on Table 17.56.160.1.

4.

Conduct of Hearing.

a.

Any person or persons may appear at a public hearing and submit evidence, either individually or via a representative. Each person who appears at a public hearing shall state, for the record, his or her name, address, and if appearing on behalf of an organization or group, the name and mailing address of the organization or group. Persons claiming "interested party" status shall so qualify and register with the village as per adopted administrative policies, a copy of which can be obtained from the building department during regular business hours.

b.

The zoning officer's report and recommendations shall be made available to the applicant, the public, and the members of body conducting the hearing prior to the public hearing. The chair of the body conducting the hearing may direct that the zoning officer provide a summary presentation of the report and recommendations before opening the hearing to public comment.

c.

The chair may exclude testimony or evidence that is irrelevant, immaterial or unduly repetition. Cross-examination of witnesses shall be permitted as per the adopted administrative policies of the review body.

5.

Continuance.

a.

Request for a Continuance at the Hearing. At any time prior to a final decision, an applicant may request an application be continued for further proceedings. In so doing, the applicant shall state the reasons for the request. The granting or denial of a request for a continuance at this stage of the process shall be at the sole discretion of the body conducting the hearing. A majority vote of those members in attendance shall be required to grant a continuance. The record shall reflect the reason(s) such continuance was granted, any stipulations or conditions placed upon the continuance, and the date and time at which the matter will be heard.

b.

Directed Continuance. At any time prior to a final decision, the body conducting the hearing may on its own motion continue a hearing. A majority vote of those members in attendance shall be required to direct a continuance of an item. The record shall reflect verbatim the reason(s) such continuance was granted, any stipulations or conditions placed upon the continuance, and the date and time at which the matter will be heard.

6.

Rules of Construction. The provisions concerning requests for continuances at a hearing and directed continuances shall be liberally construed by the public body when the purpose or expected result of the continuance is:

a.

Increased efficiency in the development review process;

b.

A reassessment of a design or a position;

c.

Consideration or re-consideration of evidence in favor or opposed to an application; and/or

d.

Any other opportunity for the process to work toward the goal of guiding and accomplishing coordinated and harmonious development of the village and its environs.

7.

Purpose. The purpose of this subsection is to generally encourage efficiency and to that end, the legal issues of justifiability shall be de-emphasized but not to the point of compromising fundamental fairness and due process.

8.

Record of Proceedings.

a.

The body conducting the hearing shall record the proceedings by any appropriate means, including summary and minutes, and according to such procedures as the village may from time to time prescribe by administrative policies.

b.

The verbatim or summary testimony and statements of personal opinion, the minutes of the secretary, all applications, exhibits and papers submitted, all staff and advisory body or commission reports and recommendations, and the decision and report(s) of the body conducting the hearing shall constitute the record.

9.

Additional Rules. The body conducting the hearing may adopt rules of procedure to limit the number of applications for development approval which may be considered per meeting and to limit the time for each presentation or each speaker.

I.

Decision-Making.

1.

Action. As provided by this title, the acting body shall decide or recommend: to approve, approve with conditions, or deny applications. The acting body shall base decisions or recommendations on consideration of evidence and analysis presented including, but not limited to, the following:

a.

Conformance with the title, the adopted comprehensive plan and other adopted plans, overlay districts, codes, standards and policies;

b.

Recommendations of staff and recommending bodies as applicable;

c.

Review agency input;

d.

Public input and testimony received at the hearing; and

e.

Impacts of the proposal on the neighborhood, area, and community-at-large.

2.

Authority to Condition Development Approvals. After review of the application, other pertinent documents and any evidence made part of the record, the recommending and decision-making bodies may impose conditions as are reasonably necessary to assure compliance with applicable general or specific standards and regulations contained in this title and in other codes and policies of the village, or those of other regulatory agencies. The zoning officer shall include a copy of the conditions with the record of the decision. The applicant shall be notified in writing of any conditions imposed on the application.

3.

Planning and Zoning Commission Action. The planning and zoning commission shall render final decision for items that the planning and zoning commission is the designated decision-making body pursuant to Table 17.56.160.1. In the event the planning and zoning commission does not recommend approval of an application, a two-thirds majority vote of the village board shall be required to approve such an application.

4.

Village Board. The village board shall act upon applications pursuant to Table 17.56.160.1.

5.

Scope of Action. The review body may take any action on an application that is consistent with the notice given, including approval of the application, conditional approval of the application, or denial of the application. The review body may allow amendments to the application if the effect of the amendments is to reduce the density or intensity of the original application, reduce the impact of the development, or reduce the amount of land involved from that indicated in the notices of the hearing. The reviewing body may not, in any case, permit a greater amount of development, a more intensive use, a larger land area than indicated in the original application, or a greater variance than was indicated in the notice.

J.

Post-Decision Proceedings.

1.

Amendments and Revisions to Approval.

a.

Unless otherwise provided for by this title, the zoning officer may approve minor revisions to an approved application. Minor revisions must be authorized in writing by the zoning officer and are subject to appeal to the original final decision-maker. Authorized minor revisions are those that are necessary in light of technical considerations that do not substantively change the character of the development approval.

b.

If the zoning officer determines that a requested revision is not minor, approval of the revision by the original final decision-maker is required in accordance with the procedures established for the original consideration of the application.

K.

Validity.

1.

Time of Expiration. Unless otherwise provided for in this title, development approvals shall expire and become null and void, all activities taken pursuant to such approved development applications shall cease, and all activities pursuant to such approval thereafter shall be deemed in violation of this title, when:

a.

The applicant fails to satisfy any condition that was imposed as part of the original or revised approval of the development application, or that was made pursuant to the terms of any approved development agreement, including the failure to abide by specified time limits established therein; or

b.

The applicant fails to submit a subsequent development application as required by this title within the time so required. If no time limit for the satisfaction of the conditions is specified in the original or revised approval of the development application, the time shall be presumed to be one (1) year from the date of approval.

2.

Extension Procedures.

3.

Considerations. Unless otherwise prohibited by Illinois law or this title, an extension of the effective period of the development approval and/or development phasing schedule may be granted by the decision-making body granting the original approval. In deciding a request for an extension, the decision-making body shall consider: whether the applicant has demonstrated sufficient cause as to why the original effective period or development phasing schedule cannot be met; and whether development regulations applicable to the project have not or are not proposed to be materially changed so as to render the project inconsistent with the regulations prevailing at the time the extension would expire.

4.

Requests. Requests for an extension of the effective period of the development approval or development phasing schedule shall be submitted in writing to the zoning officer prior to the expiration of the original approval. Upon receipt of the request, the zoning officer shall schedule the matter before the decision-making body.

L.

Continued Compliance. Once constructed and occupied, all components of a development shall be maintained and/or replaced as necessary for the project to remain in substantial compliance with all approved plans and conditions of approval. Failure to remain in substantial compliance, including the replacement of required plant materials that have died or are diseased, shall constitute a violation of this title.

M.

Revocation of Permit or Approval.

1.

Duties of Zoning Offices. If the zoning officer determines that there are reasonable grounds for revocation of a development permit or approval, other than those provided in subsection (L) of this section, the zoning officer shall set a hearing before the final decision-maker. If the decision was made by the zoning officer, the hearing shall be conducted by the planning and zoning commission. If the village board was the original decision-maker, it may refer the proposed revocation to the planning and zoning commission for a recommendation prior to the hearing.

2.

Notice and Public Hearing. Notice of the revocation hearing shall be given in the same manner as required for the original application. A public hearing shall be conducted in accordance with the procedures of this section.

3.

Decision and Notice. After the conclusion of the hearing, the decision-maker shall render a decision to revoke the permit, to allow the applicant to retain the development permit, or reconsider the permit and shall notify the holder of the permit and any other person who has filed a written request for such notice.

4.

Effect and Appeals. Unless otherwise specified at the time of the decision, a decision to revoke a development permit shall become final immediately at the time the decision is rendered. After such effective date of revocation, any activities continuing pursuant to such permit shall be deemed to be in violation of this title.

5.

Right Cumulative. The village's right to revoke a development permit, as provided in this section, shall be cumulative to any other remedy allowed by law.

6.

Village Initiated Requests. The zoning officer, planning and zoning commission, or village board may initiate a request for any development permit on behalf of the village. Such requests shall not be subject to fees but shall otherwise follow the same procedures established in this title.

(Ord. No. 20-18, § 7, 8-13-20)

A.

Purpose. In order to maintain internal consistency within the text of this title and on the official zoning map, proposed amendments to the text and official zoning map must be consistent with the purposes of this title as contained in Section 17.04.020.

B.

Applicability. All proposed amendments to the text of this title and official zoning map shall comply with the provisions of this section.

C.

Approval Considerations. In determining whether a proposed text or map amendment shall be approved, the following factors shall be considered:

1.

For text amendments, whether the actual text and effect of the amendment is consistent with all other provisions contained in this title;

2.

For text and map amendments, whether the effect of the amendment is consistent with the purposes of this title as contained in Section 17.04.020;

3.

For text and map amendments, whether the proposal is in conformance with and in furtherance of the implementation of the goals and policies of the comprehensive plan, other adopted plans, and other village codes, regulations, policies and guidelines;

4.

For text and map amendments, whether the existing text or zoning designation was in error at the time of adoption;

5.

For map amendments, whether there has been a change of character in the area or throughout the village due to the installation of public facilities, other zone changes, new growth trends, deterioration, development transitions, etc.;

6.

For map amendments, whether the proposed zoning district is compatible with the surrounding area and the purposes of the proposed zoning district;

7.

For map amendments, whether there may be: adverse impacts on the capacity or safety of the portion of street network influenced by the subject property; potential parking problems, or; potential environmental impacts such as water, air or noise pollution, excessive nighttime lighting, excessive stormwater runoff, or other nuisances;

8.

For map amendments, whether adequate public facilities and services are available to the subject property or will be made available concurrent with the projected impacts of development of the subject property;

9.

For map amendments, whether there is an existing adequate supply of land available in the subject area and the surrounding community to accommodate needs of the community; and

10.

For map amendments, whether there is a need in the community for the proposal and whether there will be benefits derived by the community or area by the proposed amendment.

D.

Decision-Maker. The zoning officer and planning and zoning commission shall make recommendations and the village board shall take final action.

1.

When the zoning officer, planning and zoning commission, or village board deems it necessary or expedient, additional property in the zoning district may be considered for a zoning change provided that this additional property is also addressed in the required public hearing notices provided in accordance with Section 17.56.170(E) of this chapter.

2.

In the event of a written protest against a proposed amendment signed and acknowledged by the owners of twenty (20) percent of the frontage proposed official zoning map to be altered, or by the owners of twenty (20) percent of the frontage immediately adjoining or across the alley or rear property line therefrom, or by the owners of twenty (20) percent of the frontage directly opposite the frontage proposed to be amended as to such zoning district, and filed with the village clerk, such amendment shall not be passed except by the favorable vote of two-thirds (⅔) of all of the members of the village board.

E.

Application and Review Procedures. Application requirements and processing procedures are those described in Table 17.56.160.1 and Section 17.56.170 of this chapter with the following modifications:

1.

Application Requirements. An application for an amendment to the text of this title or official rezoning map shall include a written report that addresses each applicable consideration listed in subsection (C) of this section.

2.

Notice.

a.

Mailed Notice. A proposed amendment to the official zoning map relating to more than five (5) percent of the entire incorporated area of the village and all proposed text amendments shall not require mailed notice to any property owner. Instead, the zoning officer shall purchase a quarter-page display advertisement in a local newspaper of general circulation in the village. The content and timing of said advertisement shall follow the published notice provisions of Section 17.56.190(E) of this chapter.

3.

Resubmittal of Application. No application which has been denied wholly or in part by the village board shall be resubmitted for a period of one (1) year from the date of the denial, except on grounds of new evidence or proof of changed conditions found to be valid by the planning and zoning commission.

(Ord. No. 20-18, § 7, 8-13-20)

A.

Purpose. The concept plan review is an optional process that may provide an applicant with a general, nonbinding direction from the planning and zoning commission, or village board prior to submittal of a development application. Although it is the intent of this process to be as helpful as possible to an applicant in designing a proposed project, applicants should not rely on the direction as an indication of any future decision-making by any of the review bodies on any subsequent requests for development permits. The village explicitly disclaims any direction or the outcome of any future decision-making.

B.

Applicability. A concept plan review may be requested for any type of non-administrative development application.

C.

Approval Criteria. The concept plan shall be evaluated using the criteria required for the type of development. The ability of the review body to apply the criteria may be limited based on the amount of information provided with the application.

D.

Decision-Maker. The individual members of the respective review body may provide any and all comments, questions, critiques and direction they deem appropriate to assist the applicant with preparing a subsequent application for a development permit. These comments are strictly advisory and should not be taken as an indication of how the individual members or the review body as a whole may vote on any subsequent application for a development permit. The review body shall not take a formal vote on any portion of the concept plan.

E.

Application and Review Procedures. Application requirements and processing procedures are those described in Table 17.56.160.1 and Section 17.56.170 of this chapter with the following modifications:

1.

Staff Review, Report and Recommendations. The zoning officer shall not be required to review the plan, circulate the plan to other agencies, produce a report, or make recommendations but may do any or all of these at said officer's discretion

2.

Notice. Notice is not required unless requested by the applicant. Requested notice shall be the same as that required for the development permits necessary to allow the proposed type of development;

3.

Hearing. A public hearing is not required, but the review body may permit comments from the public;

4.

Appeal. Because there is no decision, there is no appeal of any direction given by the review body.

(Ord. No. 20-18, § 7, 8-13-20)

A.

Intent and Purpose. The purpose of the regulations, standards, and criteria contained in this chapter is to provide an alternate zoning procedure under which land can be developed or redeveloped with innovation, imagination, and creative architectural design when sufficiently justified under the provisions of this chapter. The objective of the planned development is to encourage a higher level of design and amenity than is possible to achieve under otherwise applicable zoning regulations. The end result can be a product which fulfills the objectives of the Village of Harwood Heights Comprehensive Plan and planning policies of the village while departing from the strict application of the use and bulk regulations of the zoning title. The planned development is intended to permit and encourage such flexibility and to accomplish the following purposes:

1.

To stimulate creative approaches to the commercial, residential and commercial/mixed-use development of land;

2.

To provide more efficient use of land;

3.

To preserve natural features and provide open space areas and recreation areas in excess of that required under existing zoning regulations;

4.

To develop new approaches to the living environment through variety in type, design and layout of buildings, transportation systems, and public facilities;

5.

To unify building and structures through design;

6.

To promote long term planning pursuant to the comprehensive plan, which will allow harmonious and compatible land uses or combination of uses with surrounding areas; and

7.

The development of village-owned buildings and property shall be exempt from the requirements of the zoning code.

B.

General Provisions.

1.

No non-single-family residential use that is proposed on a lot with an area of twenty-five thousand (25,000) square feet or greater or contains multiple buildings on a single lot (excluding accessory structures) shall be permitted unless approved as a planned development in accordance with the zoning ordinance.

2.

Each planned development should be presented and judged on its own merits. It shall not be sufficient to base justification for approval of a planned development upon an already existing planned development except to the extent such planned development has been approved as part of a development master plan.

3.

The burden of providing evidence and persuasion that any planned development is necessary and desirable shall in every case rest with the applicant.

4.

Buildings and uses or combinations of uses within a planned development shall be limited solely to those approved as part of the ordinance granting a planned development permit provided, however, that any buildings and uses or combinations of uses in compliance with a development master plan approved as part of the ordinance granting a planned development permit may be approved by the village board.

C.

Standards for Review. Modifications in conventional zoning and subdivision regulations are privileges and will be considered by the village only in direct response to the accrual of tangible benefits from the planned development to the village or the neighborhood/area in which it would be located. These benefits shall be in the form of exceptional amenities, landscape, architectural or site design, or the conservation of special man-made or natural features of the site. In reviewing an application for a planned development, the planning and zoning commission and/or the village board, as the case may be, shall be required to make certain findings based on the following standards.

1.

Required Findings. No application for a commercial planned development shall be approved unless all of the following findings are made about the proposal:

a.

Comprehensive Plan and Other Adopted Village Plans. The planned development shall conform with the general planning policies of the village as set forth in the Harwood Heights Comprehensive Plan and other relevant village adopted plans.

b.

Public Welfare. The planned development shall be so designed, located and proposed to be operated and maintained that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety and welfare.

c.

Impact on Other Property. The planned development shall not be injurious to the use or enjoyment of other property in the neighborhood for the purposes permitted in the district, shall not impede the normal and orderly development and improvement of surrounding properties for uses permitted in the zoning district, shall not be inconsistent with the community character of the neighborhood, shall not alter the essential character of the neighborhood and will be consistent with the goals, objectives, and policies set forth in the comprehensive plan and central corridor master plan, and shall not substantially diminish or impair property values within the neighborhood, or be incompatible with other property in the immediate vicinity.

d.

Impact on Public Facilities and Resources. The planned development shall be so designed that adequate utilities, road access, drainage, and other necessary facilities will be provided to serve it. The planned development shall include such impact donations as shall be reasonably determined by the village board. These required impact donations shall be calculated in reasonable proportion to impact of the planned development on public facilities and infrastructure.

e.

Archaeological, Historical or Cultural Impact. The planned development shall not substantially adversely affect a known archaeological, historical, or cultural resource located on or off of the parcel proposed for development.

f.

Parking and Traffic. The planned development shall have or make adequate provision to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets, provides appropriate cross access to adjacent properties and parking areas, and provide adequate access for emergency vehicles.

g.

Adequate Buffering. The planned development shall have adequate landscaping, public open space, and other buffering features to protect uses within the development and surrounding properties.

h.

Signage. Any signage on the site of the planned development shall be in conformity with the village's zoning ordinance (sign ordinance), or shall satisfy the standards of review for variations set forth therein.

2.

Modification Standards. In addition to the findings required above, the following standards shall be utilized in considering applications for modifications of the conventional zoning and subdivision regulations for a planned development. These standards shall not be regarded as inflexible, but shall be used as a framework by the village to test the quality of the amenities, benefits to the community, and design and desirability of the proposal.

3.

Integrated Design. A planned development shall be laid out and developed as a unit in accordance with an integrated overall design. This design shall provide for safe, efficient, convenient and harmonious grouping of structures, uses and facilities, and for appropriate relation of space inside and outside buildings to intended uses and structural features.

4.

Beneficial Common Open Space. Any common open space in the planned development shall be integrated into the overall design. Such spaces shall have a direct functional or visual relationship to the main building(s) and not be of isolated or leftover character. The following would not be considered usable common open space:

a.

Areas reserved for the exclusive use or benefit of an individual tenant or owner;

b.

Dedicated streets, alleys and other public rights-of-way;

c.

Vehicular drives, parking, loading and storage area; and

d.

Irregular or unusable narrow strips of land less than fifteen (15) feet wide.

5.

Functional and Mechanical Features. Exposed storage areas, trash and garbage retainers, exposed machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures shall be accounted for in the design of the planned development and made as unobtrusive as possible. They shall be subject to such setbacks, special planting or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties.

6.

Visual and Acoustical Privacy. The planned development shall provide reasonable visual, and acoustical privacy for each dwelling unit. Fences, insulations, walks, barriers and landscaping shall be used as appropriate for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable view or uses, and reduction of noises.

7.

Energy Efficient Design. A planned development shall be designed with consideration given to various methods of site design and building location, architectural design of individual structures, and landscaping design capable of reducing energy consumption within the planned development and to the extent feasible, the applicant will be encouraged to obtain Leadership in Energy and Environmental Design (LEED) certification for the project.

8.

Drives, Parking and Circulation. Principal vehicular access shall be from dedicated public streets, and access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, adequate provision for service by emergency vehicles, and arrangement of parking areas that are safe and convenient, and insofar as feasible, do not detract from the design of proposed buildings and structures and the neighboring properties.

9.

Surface Water Drainage. Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic.

D.

Site Development Allowances. Not withstanding any limitations on variations which can be approved as contained elsewhere in the zoning code, site development allowances, i.e., deviations or variations from the underlying zoning provisions set forth outside this chapter, may be approved provided the applicant specifically identifies each such site development allowance and demonstrates how each such site development allowance would be compatible with surrounding development, is in furtherance of the stated objectives of this section and is necessary for proper development of the site.

E.

Procedures. The following steps are provided to assure the orderly review of every planned development application in a timely and equitable manner.

1.

Preliminary Board Review.

a.

Application, purpose, and procedure:

i.

A prospective applicant, prior to meeting with village staff for a formal pre-filing review, shall appear before the village board for a preliminary review. The applicant shall coordinate with the zoning officer to be placed on a village board agenda and scheduled for the earliest appropriate village board meeting. At a minimum, the applicant shall provide the following materials to the village board for its preliminary review: 1) Preliminary concept plan of the development, and 2) a brief narrative describing the overall character, intensity, uses, and nature of the proposed planned development.

ii.

The purpose of such review shall be to broadly and informally acquaint the village board with the applicant's proposal and intent for the subject property. The preliminary village board review also provides the applicant with any preliminary views, guidance, or concerns that members of the board regarding the proposed project, at the outset of the process when positions are still flexible and adjustments are still possible. Such a meeting is intended to take place at such a time before the applicant is required to expend the funds necessary to prepare the complete documentation required for a formal application.

iii.

At the meeting at which the preliminary review is conducted, any member of the board may make any comments, suggestions or recommendations regarding the preliminary development concept deemed necessary or appropriate by that member; provided, however, that no final or binding action shall be taken with respect to any preliminary application. Any views expressed in the course of the board's review of any preliminary development concept shall be deemed to be only preliminary and advisory and only the individual views of the member expressing them. Nothing said or done in the course of such review shall be deemed to create, or to prejudice, any rights of the applicant or to obligate the village board, or any member of it, to approve or deny any formal application following full consideration thereof as required by this Code.

2.

Pre-filing Review and Transmittal of Application.

a.

Conference.

i.

A prospective applicant, prior to submitting a formal application for a planned commercial development, shall meet for a pre-filing conference(s) with the zoning officer, the planning and development director and any other village official or employee designated by the zoning officer. The purpose of the conference(s) is to help the applicant understand the comprehensive plan, the zoning title, the site development allowances, the standards by which the application will be evaluated, and the application requirements.

ii.

After reviewing the planned development process, the applicant may request a waiver of any application requirement which in the applicant's judgment should not apply to the proposed commercial planned development. Such request shall be made in writing prior to the submission of the formal application documents.

iii.

All requests for waiver shall be reviewed within fifteen (15) working days by the village board. A final determination regarding the waiver shall be given to the prospective applicant following the decision.

iv.

If deemed appropriate by the planning and development director, the applicant, prior to submitting a formal application for a planned development, will be required to schedule a meeting to discuss the proposed planned development and its impact on area residents. If such a meeting is required, the applicant shall send a written notice of the meeting via certified mail to all taxpayers of record and residents for all property within five hundred (500) feet of the proposed planned development. Such notice shall be mailed not less than fifteen (15) days prior to the date of the meeting. A copy of the notice and mailing list shall be provided to the planning and development director. A written summary of comments made at the meeting shall be maintained and submitted by the applicant with the application.

3.

Filing of Application. Following the completion of the prefiling conference(s), the applicant shall file an application for a planned development in accordance with this section. The planning and development director shall deliver copies of the application to other appropriate village departments for review and comment.

a.

Deficiencies. The planning and development director shall determine whether the application is complete. If the planning and development director determines that the application is not complete, he/she shall notify the applicant in writing of any deficiencies and shall take no further steps to process the application until the deficiencies are remedied.

b.

Report on Compliance. A copy of the complete application and a written report incorporating the comments of village staff and other agencies regarding the compliance of the proposed planned development with the requirements and standards of this section shall be delivered to the planning and zoning commission prior to the public hearing.

c.

Determination Not Binding. Neither the planning and development director's determination that an application is complete nor any comment made by the planning and development director or village staff at a prefiling conference or as part of the review process shall be intended or construed as a formal or informal recommendation for the approval of a planned development permit for the proposed planned development, or component part thereof, nor shall be intended or construed as a binding decision of the village, the planning and zoning commission or any staff member.

4.

Review and Action by the Planning and Zoning Commission. Upon receiving the report from the planning and development director, the planning and zoning commission shall hold at least one (1) public hearing on the proposed planned development.

a.

Notice of the required public hearing shall be published by the village not more than twenty (20) nor less than four (4) days before the scheduled hearing in a newspaper published at least once weekly and having general circulation in the village and shall contain the following information:

i.

The identification number designation of the application;

ii.

The date and time of the public hearing;

iii.

The location of the public hearing; and

iv.

The general location of the property, the legal description of the property and its street address, if applicable, and a short description of the proposed planned development and purpose of the public hearing.

b.

Notice of the required public hearing shall also be provided by the applicant by posting a sign or signs on the property no less than fifteen (15) days prior to the public hearing. The sign shall be weatherproof and contain such information as is required in subsection (4)(a) above. Failure to post such sign(s) and/or the removal or knocking down (by the village or others) of the sign after posting but before the public hearing shall not invalidate, impair, or otherwise affect any planned development permit subsequently granted following such public hearing.

c.

Notice of the required public hearing shall also be provided by the applicant by certified U.S. mail to the taxpayers of record and owners of record of the property which is the subject of the application (if different than the applicant), and the taxpayers of record and residents of all property within five hundred (500) feet of the subject property. Such notice shall contain the information as is required in subsection (4)(a) above and shall be mailed not more than twenty (20) nor less than four (4) days prior to the date of the public hearing. The notice shall also include the name and address of the applicant for the commercial planned development.

d.

The planning and zoning commission shall review the application, the standards and requirements established by this section, the report of the zoning officer, and any oral and written comments received by the planning and zoning commission before or at the public hearing. Within forty-five (45) days following the close of the public hearing and at a regular meeting, the planning and zoning commission shall make specific written findings addressing each of the standards set forth in this section and transmit such findings, together with a recommendation of approval, approval with conditions, or disapproval to the village board.

5.

Review and Action by the Village Board.

a.

Within sixty (60) days of receipt of the report and recommendation of the planning and zoning commission, and without further public hearing, the village board shall either (a) deny the application; (b) refer the application back to the planning and zoning commission for further review; (c) postpone further consideration pending the submittal of additional information, including any application requirement previously waived; or (d) adopt an ordinance approving the planned development permit.

b.

Any action taken by the village board pursuant to subsection (5)(a) above shall require the concurrence of a majority of all the village board then holding office.

c.

In approving a planned development permit, the village board may attach such conditions to the approval as it deems necessary to have the proposed use or combination of uses meet the standards set forth in this section and to prevent or minimize adverse effects on other property in the immediate vicinity. Such conditions may include, but are not limited to: limitations on size, bulk and location; requirements for landscaping, signage, outdoor lighting, provisions for adequate ingress and egress; hours of operation; and such other conditions as the village board may deem to be in furtherance of the objectives of this section.

F.

Application Requirements.

1.

An application for a planned development shall only be filed by one who has an ownership interest, or the agents thereof; or any contract purchaser or anyone holding an option to purchase the parcel of land on which the use or combination of uses is to be located.

2.

Applications for a planned development shall be filed with the planning and development director in such form and accompanied by such information, with sufficient copies, as shall be established from time to time by the village. Every application shall contain, at a minimum, the following information and related data:

a.

The names and addresses of the owner of the subject property;

b.

A statement from the owner of the subject property, if not the applicant, approving of the filing of the application by the particular applicant;

c.

A survey of, and legal description and street address for the subject property;

d.

A statement indicating compliance of the proposed planned development with the comprehensive plan; and evidence of the proposed project's compliance in specific detail with each of the "Standards for Review" for planned developments;

e.

A scaled site plan showing the existing contiguous land uses, natural topographic features, zoning districts, public thoroughfares, transportation and utilities;

f.

A scaled site plan of the proposed planned development showing lot area, the required yards and setbacks, contour lines, common space, and the location, floor area ratio, lot area coverage and heights of buildings and structures, number of parking spaces and loading areas;

g.

Schematic drawings illustrating the design and character of the building elevations, types of construction, and floor plans of all proposed buildings and structures. The drawings shall also include a schedule showing the number, type, and floor area of all uses or combinations of uses, and the floor area of the entire development;

h.

A landscaping plan showing the location, size, character and composition of vegetation and other material;

i.

The substance of covenants, easements, and other restrictions existing and any to be imposed on the use of land, including common open space, and buildings or structures;

j.

A schedule of development showing the approximate date for beginning and completion of each stage of construction of the planned development;

k.

A professional traffic study acceptable to the village showing the proposed traffic circulation pattern within and in the vicinity of the area of the planned development, including the location and description of public improvements to be installed, and any streets and access easements;

l.

A professional economic analysis acceptable to the village, including the following:

i.

The financial capability of the applicant to complete the proposed planned development;

ii.

Evidence of the project's economic viability; and

iii.

An analysis summarizing the economic impact the proposed planned development will have upon the village.

m.

Copies of all environmental impact studies as required by law;

n.

An analysis setting forth the anticipated demand on all village services;

o.

A plan showing off-site utility improvements required to service the planned development, and a report showing the cost allocations and funding sources for those improvements;

p.

A site drainage plan for the planned developed;

q.

A photometric/lighting plan for the planned development; and

r.

A written summary of residents' comments, pertaining to the proposed application, from any meeting held pursuant to subsection (E)(1)(a)(4) above.

3.

Every application must be accompanied by a fee in such amount as established from time to time by the village board to defray the costs of providing notice and contracting with independent professionals to review applications as required. Such professional costs may include but are not limited to engineering, legal fees, traffic analyses, environmental impact studies, land use design or other similarly related professional studies. Additional materials may be required during the review of a proposed planned development if determined necessary by the planning and zoning commission or the village board.

G.

Escrow Deposit. At the determination of the planning and development director, the applicant may be required to deposit an escrow with the village and execute a reimbursement of fees agreement before any consideration by the village on any matter related to the planned development permit.

H.

Effect of Approval or Denial. Approval of the planned development permit by the village board authorizes the applicant to proceed with any necessary applications for building permits, certificates of occupancy, and other permits which the village may require for the proposed planned development. The village's planning and development director shall review applications for these permits for compliance with the terms of the planned development permit granted by the village board. No permit shall be issued for development which does not comply with the terms of the planned development permit.

1.

The village board shall direct the zoning officer to revise the official zoning map to reflect the existence and boundaries of each planned development.

2.

Subject to subsection (7) below, an approval of a planned development permit by the village board shall be null and void if the recipient does not file an application for a building permit relative to the proposed planned development within twelve (12) months after the date of adoption of the ordinance approving the planned development permit.

3.

Subject to subsection (7) below, an approval of a planned development permit by the village board shall be null and void if construction has not commenced within twenty-four (24) months, and is not completed within thirty (30) months after the date of adoption of the ordinance approving the planned development permit.

4.

Subject to subsection (7) below, an approval of a planned development permit with a phasing plan shall be null and void if construction has not commenced or is not completed in accordance with the terms of that phasing plan.

5.

An approval of a planned development permit with a master development plan shall be null and void if construction has not commenced or is not completed in accordance with the terms and conditions contained in the development master plan.

6.

An extension of the time requirements stated in subsections (3), (4), and (5) of this section may be granted by the village board for good cause shown by the applicant, provided a written request is filed with the village at least four (4) weeks prior to the respective deadline.

7.

A planned development permit shall be null and void if the use or combination of uses for which the approval was granted ceases for a consecutive period of one (1) year.

8.

No application for a planned development which was previously denied by the village board shall be considered by the planning and zoning commission or the village board if it is resubmitted in substantially the same form and/or content within one (1) year of the date of such prior denial. In this regard:

a.

The planning and development director shall review the application for a planned development and determine if the application is or is not substantially the same. An applicant has the right to request a hearing before the village board to appeal the determination of the planning and development director that the application is substantially the same, provided a petition for appeal is filed in writing with the zoning officer within ten (10) days of the planning and development director's determination.

b.

The village board shall affirm or reverse the determination of the planning and development director, regarding whether the new application is in substantially the same form, within thirty (30) days of receipt of a petition for appeal.

c.

If it is determined that the new application is not substantially in the same form, then the applicant shall be entitled to continue with the application process and have it reviewed in accordance with the provisions of the zoning code.

I.

Amendments and Alterations to Approved Commercial Planned Development Permits.

1.

Except as provided in subsection (2) below, any modifications to an approved planned development permit or any addition to or expansion of an existing commercial planned development permit shall require separate review and approval under the provisions of the zoning code.

2.

A minor change is any change in the site plan or design details of an approved planned development permit which is consistent with the standards and conditions applying to the planned development permit and which does not alter the concept or intent of the planned development. A minor change shall not increase the planned development's density, increase the height of buildings, reduce open space, modify the proportion of housing types, change or add new parking areas, alter alignment of roads, utilities or drainage, amend final development agreements, provisions or covenants, or provide any other change inconsistent with any standard or condition imposed by the village board in approving the planned development permit. Said minor change shall be approved by the zoning officer without obtaining separate approval by the village board. In addition, the village board may, after reviewing the request for a minor change made by the applicant, direct the zoning officer to process the request other than as a minor change.

(Ord. No. 20-18, § 7, 8-13-20)

A.

Purpose. The purpose of a special use permit review is to provide an opportunity to utilize property for an activity, which under usual circumstances, could be detrimental to other permitted uses and which normally is not permitted within the same zoning district. A special use may be permitted under circumstances particular to the proposed location and subject to conditions that provide protection to adjacent land uses. A special use is not a use by-right and one that is otherwise prohibited without approval of a special use permit.

B.

Applicability. A special use permit shall be required prior to the establishment of any special use identified elsewhere in this title.

C.

Approval Criteria. The applicant shall demonstrate, and the village board shall find, that the special use application complies with all of the following:

1.

Comprehensive Plan. The goals, objectives, policies, recommendations and future land uses contained in the adopted comprehensive plan.

2.

District Standards. The underlying zoning district standards including the intents and purposes of the district.

3.

Specific Standards. All use specific standards as indicated in the zoning district or elsewhere in the village code.

4.

Availability of Complementary Uses. Other uses complementary to, and supportive of, the proposed project are available including, but not limited to: schools, parks, hospitals, business and commercial facilities, and transportation facilities.

5.

Compatibility with Adjoining Properties. Compatibility with and protection of neighboring properties through measures such as:

a.

Protection of Privacy. The proposed plan provides reasonable visual and auditory privacy for all dwelling units located within and adjacent to the site. Fences, walls, barriers and/or vegetation are arranged to protect and enhance the property and to enhance the privacy of on-site and neighboring occupants;

b.

Protection of Use and Enjoyment. All elements of the proposed plan are designed and arranged to have a minimal negative impact on the use and enjoyment of adjoining property; and

c.

Compatible Design and Integration. All elements of the plan co-exist in a harmonious manner with nearby existing and anticipated development. Elements to consider include: building location and scale, building materials, outdoor storage areas and equipment, utility structures, building and paving coverage, landscaping, lighting, glare, dust, signage, views, noise and odors. The plan must ensure that noxious emissions and conditions not typical of land uses in the same zoning district will be effectively confined so as not to be injurious or detrimental to nearby properties.

6.

Parking, Circulation and Access. Safe and efficient design of parking, circulation and access points including:

a.

Parking and Circulation. Parking, loading and vehicular and pedestrian circulation areas are designed to provide safe and efficient movement on-site and to minimize any negative impacts on adjoining streets and properties;

b.

Access to Public Ways. Safe and convenient pedestrian, bicycle and vehicular access to public rights-of-way and/or other areas dedicated to common use are provided. The location, size and number of access drives and walkways to a site are arranged to minimize any negative impacts on adjoining streets and properties. Off-site and on-site improvements are provided where they will significantly improve safety for vehicles, bicycles and pedestrians; and

c.

Emergency Access. Structures and other site features are arranged to permit access by emergency vehicles to all buildings.

7.

Adequate Public Facilities and Service. Adequate public facilities and services are available concurrent with the projected impacts of the development.

D.

Decision-Maker. The zoning officer and planning and zoning commission shall make recommendations and the village board shall approve, conditionally approve, or deny all applications for a special use permit.

E.

Application and Review Procedures. Application requirements and processing procedures are described in Table 17.56.160.1 and Section 17.56.170 of this chapter, with the following modification:

1.

Validity. Once established, a special use permit approval shall run with the land and remain valid until the property changes use or the use is abandoned and non-operational for a period of twelve (12) consecutive months.

(Ord. No. 20-18, § 7, 8-13-20)

A.

Purpose. A variance is a departure from the dimensional or numerical requirements of this title where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not as a result of the action of the applicant, a literal enforcement of this title would result in unnecessary and undue hardship. Variances are permitted only to those portions of this title as specified herein.

B.

Applicability. In accordance with this section, the zoning board of appeals shall hear and recommend to the village board all requests for variances for the following:

1.

All zoning district bulk standards;

2.

All numerical and dimensional requirements of the off-street parking and loading provisions contained in Chapter 17.28;

3.

All numerical and dimensional, type, locational, and illumination requirements of the sign provisions contained in Chapter 17.36;

4.

All numerical, dimensional and type/material requirements of the fence provisions contained in Chapter 17.36; and

5.

All numerical, dimensional, type, and locational requirements of the antenna structure provisions contained in Chapter 17.44.

C.

Certain Variances Prohibited. Under no circumstances shall variances be heard or granted for the following:

1.

The establishment of a use in a zoning district in which such use is not permitted by this title;

2.

Residential development which would result in an increase in density greater than that permitted in the applicable zoning district;

3.

Changes of modifications to any rules or definitions contained in Section 17.04.050 of this code or elsewhere in this title; and

4.

All requirements related to the enlargement, repair, alteration, restoration, discontinuance, re-establishment, or change of use provisions for nonconforming building, structure or use as contained in Chapter 17.56.

D.

Approval Criteria. A variance is not a right. It may be granted to an applicant only if the applicant establishes that strict adherence to this title will result in practical difficulties or undue hardships because of site characteristics that are not applicable to most properties in the same zoning district. Such variances shall be granted only when the applicant demonstrates, and the village board finds, that the application complies with all of the following:

1.

Hardship Unique to Property, not Self-Inflicted. There are exceptional conditions creating an undue hardship, applicable only to the property involved or the intended use thereof, which do not apply generally to the other land areas or uses within the same zone district, and such exceptional conditions or undue hardship was not created by the action or inaction of the applicant or owner of the property;

2.

Special Privilege. The variance will not confer on the applicant any special privilege that is denied to other lands or structures in the same zoning district;

3.

Literal Interpretation. The literal interpretation of the provisions of the regulations would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant;

4.

Reasonable Use. The applicant and the owner of the property cannot derive a reasonable use of the property without the requested variance;

5.

Minimum Necessary. The variance is the minimum necessary to make possible the reasonable use of land or structures;

6.

Compatible with Adjacent Properties. The variance will not be injurious to, or reduce the value of, the adjacent properties or improvements or be detrimental to the public health, safety or welfare;

7.

Conformance with the Purposes of this Title. The granting of a variance will not conflict with the purposes and intents expressed or implied in this title; and

8.

Conformance with the Comprehensive Plan. The granting of a variance will not conflict with the goals and principles in the adopted comprehensive plan.

E.

Decision-Maker. The zoning officer and planning and zoning commission shall make recommendations and the village board shall approve, approve with conditions, or deny requests for variances.

F.

Application and Review Procedures. Application requirements and processing procedures are described in Table 17.56.160.1 and Section 17.56.170 of this chapter.

(Ord. No. 20-18, § 7, 8-13-20)

A.

Purpose. The purpose of this section is to provide for appeals of orders, decisions and interpretations by the zoning officer or other village official having jurisdiction under this title.

B.

Appeal of Administrative Interpretations. Any party aggrieved or claimed to be aggrieved by an interpretation of this title rendered by the zoning officer or other village official may request an appeal of the interpretation in accordance with this subsection.

C.

Approval Criteria. In granting an appeal from an administrative interpretation, the planning and zoning commission shall find that the interpretation by the zoning officer or other village official was in not accordance with the purposes, intent and requirements of this title.

D.

Decision-Maker. The planning and zoning commission shall affirm, reverse, or remand the interpretation. In reversing or remanding the interpretation back to the zoning officer or other village official, the planning and zoning commission shall state the rationale for their decision.

E.

Application and Review Procedures. Application requirements and processing procedures are described in Table 17.56.160.1 and Section 17.56.170 of this chapter, with the following deviations:

1.

Application Materials. The appellant shall provide a written statement citing the specific provision(s) of this title the appellant believes the zoning officer or other village official has incorrectly interpreted and the appellant's own interpretation of the provision(s);

2.

Notice. Notice of the hearing is not required to anyone other than the appellant;

3.

Zoning Officer's Report. The zoning officer or applicable village official shall prepare a report detailing the specific provision(s) of this title that are in question, his or her interpretation of the provision(s), and the general basis of the interpretation.

F.

Appeal of Orders or Decisions on Administrative Development Permits. Any party aggrieved or claimed to be aggrieved by any order or decision on any administrative development permit by the zoning officer or other village official having jurisdiction under this title may request an appeal from the action by the planning and zoning commission in accordance with this section.

G.

Approval Criteria. In granting an appeal to an order or decision on an administrative development permit, the applicant shall demonstrate, and the planning and zoning commission shall find, that the zoning officer or other village official:

1.

Has acted in a manner inconsistent with the provisions of this title or other applicable local, state or federal law;

2.

Has made clearly erroneous findings of fact based on the evidence and testimony on the record;

3.

Has failed to fully consider mitigating measures or revisions offered by the applicant that would have brought the proposed project into compliance; or

4.

Has acted arbitrarily, capriciously and/or abused his or her discretion.

H.

Decision-Maker. The planning and zoning commission shall affirm, reverse or remand the decision. In reversing or remanding the decision back to the zoning officer or other village official, the planning and zoning commission shall state the rationale for its decision. A two-thirds (⅔) vote of the entire membership of the planning and zoning commission shall be required to reverse the action of the zoning officer or other village official.

I.

Application and Review Procedures. Application requirements and processing procedures are described in Table 17.56.160.1 and Section 17.56.170 of this chapter with the following modifications:

1.

Application Materials. The appellant shall provide a written request that explains the rationale for the appeal based on the criteria provided in subsection (C)(1) of this section.

2.

Notice to Applicant. If the appellant is not the applicant, the zoning officer shall notify the applicant of the request and the applicant shall provide a written response.

3.

Preparation of the Record. The zoning officer shall compile all materials made a part of the record of the zoning officer's or other village official's action. As may be requested by the appellate body, the zoning officer also may provide a summary report of the record.

4.

Public Notice. Only published notice of the appeal hearing is required.

5.

Conduct of Hearing. The planning and zoning commission may hold a full evidentiary hearing to make a finding regarding the zoning officer's or other village official's action in accordance with the criteria provided in subsection (C)(1) of this section. However, the planning and zoning commission also may limit testimony and evidence to that contained on the record at the time the zoning officer or other village official took final action, or place any other limits on additional testimony and evidence it deems appropriate.

(Ord. No. 20-18, § 7, 8-13-20)

A.

Payment for Costs. All applicants for an amendment to the text of this title or official zoning map, special use permit, variance, occupancy or building permit, planned unit development, or appeal filed pursuant to Title 16 of the village code, or a subdivision pursuant to this code, shall pay the village's consulting and processing costs and expenses in order to process the application. Such consulting and processing costs shall include, but not be limited to, professional and technical consultant services, including village staff time, court reporting services, and legal review, consultation and advice.

B.

Agreement. An applicant shall execute an agreement with the village that may require the applicant to deposit and/or escrow funds with the village as security for the applicant's payment of the village's costs, fees and expenses pursuant to this section and other such terms as the village may require.

C.

Invoices. The village shall invoice the applicant for the village's consultant's costs and expenses. The applicant shall not be invoiced more than once a month. The village shall notify an applicant when the costs incurred in processing an application surpasses any amount required to be deposited or escrowed pursuant to subsection (B) of this section, by the applicant. The village shall thereafter require the applicant to deposit or escrow such additional amount as determined by the village to reimburse the village for its anticipated future consultant costs.

D.

Rates. Payment to all consultants retained by the village in any capacity connected with the application shall be based on the fixed hourly rate contained in contracts formally authorized by the village board.

E.

Applicant's Payments to Village. At no time shall there be any transfer of funds from any applicant directly to any consultant or village staff personnel. All payments to consultants shall be executed only under the conditions specified in this section, and the applicant shall be invoiced directly and solely by the village.

F.

Liability for Cost, Fees and Expenses. The owner of the property that is the subject of an application and the applicant, if different, shall be jointly and severally liable for the payment of any costs, fees and expenses required by this section. By signing an application, the owner shall be deemed to have agreed to pay such costs, fees and expenses and to consent to the filing and foreclosure of a lien on the subject property to ensure collection of any such costs, fees and expenses, plus the costs of collection, in the event such costs, fees and expenses have not been properly paid as required. Any lien filed pursuant to this subsection may be foreclosed in the manner provided by statute for mortgages or mechanics' liens.

G.

Condition of All Applications, Approvals, and Permits; Time Periods. No application as defined in this section shall be considered complete unless and until all costs, fees and expenses due pursuant to this section are paid. Every approval granted and every permit issued pursuant to the village code, whether or not expressly so conditioned, shall be deemed to be conditioned upon payment of the costs, fees and expenses required by this section.

H.

Nonpayment of Costs, Fees and Expenses. The failure to fully pay any such cost, fee and expense when due shall be grounds for refusing to process an application as defined in this section and for denying or revoking any permit or approval sought or issued with respect to the land or development to which the unpaid fee relates. When the village code provides that the passage of time without decision or action shall be deemed an approval or a recommendation for approval, all time periods shall be tolled during any period of nonpayment, but shall otherwise continue to run.

I.

Waiver for Specified Public Bodies. The provisions of this section may be waived by the village board for fees applicable to any application filed by any public body, or any agency deriving the majority of its revenues from taxes levied within the village, or any charitable organization.

J.

Applicable Fees. Initial application fees as described in this chapter shall be established by the village board, and may be amended at any time.

(Ord. No. 20-18, § 7, 8-13-20)

A.

Any person, firm, or corporation who violates, disobeys, omits, neglects, refuses to comply with, or who resists enforcement of any of the provisions of this title shall upon conviction be fined as established in the fine schedule appended to this code as Appendix 2 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

(Ord. No. 20-18, § 7, 8-13-20; Ord. No. 24-09, § 3, 10-24-24)