A.

Designation of position—The zoning administrator shall be designated by the village manager and charged with the responsibility of administering and enforcing this appendix.

B.

Duties—The zoning administrator shall:

1.

Review all zoning, variation, and special use applications and other requests relating to zoning matters.

2.

Examine or approve an application pertaining to the use of land or structures when the application conforms with the provisions of this appendix.

3.

When requested, or when the interest of the village so requires, make investigations and render written reports, and provide administrative interpretations of this appendix.

4.

Approve and ensure public notices or orders as may be necessary and maintain comprehensive records thereof.

5.

Make inspections of land uses to determine compliance with the terms of the appendix, and where there are violations, initiate action to secure compliance.

6.

Receive all notices for appeals, variations, amendments and special use permits which have been referred to the planning and zoning commission or other appropriate reviewing body.

7.

Maintain all zoning records which are a part of the administration of this appendix and keep all such records open to public inspection, but not for removal from the office.

8.

Inform the village attorney of all violations and all other matters requiring prosecution or legal action.

9.

Initiate, direct and review, from time to time, a study of the provisions of this appendix, and make reports or recommendations to the planning and zoning commission and the village board of trustees.

10.

Provide staff support to the planning and zoning commission.

A.

Creation and membership. There shall be a planning and zoning commission consisting of nine (9) members appointed by the president and approved by the board of trustees president and board of trustees for staggered terms of five (5) years each as provided in the Illinois Compiled Statutes (65 ILCS 5/11-13-3). and until their respective successors are then appointed and qualified. The chairperson of the planning and zoning commission, or in his absence the acting chairperson, may administer oaths and compel the attendance of witnesses. The president and the board of trustees shall have the power to remove any member of said planning and zoning commission for cause. Vacancies shall be filled for the unexpired term of the member whose place has become vacant by appointment made by the president with the consensus of the board of trustees. The word "commission," when used in this section hereafter, shall be construed to mean the planning and zoning commission.

B.

Meetings and rules. Meetings of the planning and zoning commission shall be held at the call of the chairperson or three (3) members and at such times determined by the commission. All hearings conducted by the commission shall be open to the public. The commission shall keep minutes of its proceedings depicting the vote of each member upon each question, or if absent or if failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions. Findings of facts shall be included in the minutes of each case of a requested variation, amendment and/or special use and the reasons for recommending or denying such shall be specified. Every rule or regulation, every amendment or appeal thereof, and every order, requirement, decision or determination of the commission shall be filed immediately and shall be a public record. The commission shall adopt its own rules of procedure not in conflict with this appendix or with the Illinois Statutes, and may select or appoint such officers as it deems necessary.

C.

Appeals. An appeal to the commission may be made by any person, firm or corporation, or by an office, department board or bureau aggrieved by a decision of the zoning administrator under this appendix in accordance with Illinois Statutes and the following:

1.

An application for an appeal shall be filed with the zoning administrator within forty-five (45) days of the date of the action from which the appeal is being filed, and thereafter the zoning administrator shall forward such application to the commission for processing and also shall forward a notice of appeal specifying the grounds thereof, and also shall forthwith transmit to the commission all the papers constituting a record upon which the action appealed was taken.

2.

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrator certifies to the commission, after the notice of appeal has been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the commission or by a court of record on application and on notice to the officer from whom the appeal is taken, and on due causes shown.

3.

The commission shall fix a reasonable time, not to exceed forty-five (45) days, for the hearing of the appeal, and give due notice thereof to the parties and decide the same within a reasonable time. The commission may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination that in its opinion ought to be made on the premises, and to that end shall have all the powers of the officer from whom the appeal was taken.

A.

Purpose. The purpose of the preliminary plat submission is to obtain tentative approval or commitments from the village that the plans, design and improvements that the developer intends to build and follow are acceptable, and that the developer can reasonably proceed into final detailed architecture, engineering, surveying and landscape architecture in anticipation of final plat approval and subsequent construction. This is a detailed submission intended to be the basis of preparation of a final plat which must conform to the preliminary plat and plans. It is at this stage that final modifications, adjustments and interpretations are made to the conceptual plan.

B.

Procedure.

1.

An application for preliminary approval shall be submitted to the zoning administrator who shall refer the request to the planning and zoning commission for report and recommendation in accordance with the procedures and requirements established in the case of applications.

2.

Following the review and public hearing of the preliminary plat and supporting data by the planning and zoning commission, said bodies shall recommend approval, modification or disapproval of the preliminary plat and the reasons therefor to the village board. Unless a request for extension is filed by the applicant or village staff, such reports and recommendations shall be made within forty-five (45) days after the conclusion of all public hearings.

3.

The village board, after receipt of the reports and recommendations described above, shall approve, modify or disapprove the preliminary plat within forty-five (45) days, unless an extension is requested by the applicant or the village staff. In the case of approval or approval with modification, the village board shall pass an ordinance granting preliminary plat approval, subject to such conditions as the village board deems necessary to insure conformance with the intent of the planning objectives of the village and the purpose of the proposed development.

4.

Preliminary plat approval shall not constitute approval of the final plat of rezoning of the subject property.

C.

Pre-application and concept plan review. For the purpose of expediting applications and reducing subdivision and site plan design and development costs, the applicant is encouraged to request a joint staff pre-application conference in accordance with the following requirements:

1.

Pre-application conference.

a)

At the request of the applicant, a pre-application conference may be commenced by the assistant village manager.

b)

The pre-application conference allows the applicant to meet with appropriate village staff which may include the planning and zoning administrator, the fire chief who oversees the building and code enforcement division, the police chief and the public works director.

c)

Applicants seeking a pre-application conference shall submit five (5) copies of the following information ten (10) days prior to the pre-application conference:

d)

Plat of survey;

e)

Brief description of proposal; and

f)

Proposed land use sketch to include:

1)

Proposed lots and placements;

2)

Proposed access to subdivision; and

a)[3)]

Proposed streets and other improvements.

g)

The applicant may be charged reasonable fees for a pre-application conference.

h)

If requested and paid for by the applicant, a brief written summary of the pre-application conference shall be provided within ten (10) working days of the final meeting.

i)

The applicant shall not be bound by the determination of the pre-application conference, nor shall the village be bound by any such review.

2.

Contents of preliminary plan. Upon completion of a complete preliminary plan, the planning and zoning administrator schedules the preliminary plan, and, if necessary, to the board of trustees for approval. A preliminary plan shall include:

a)

Proposed name of business or development.

b)

Location by township, section, town and range or by other legal description.

c)

A vicinity map, in sufficient detail to enable easy location in the field of the site for which plat approval is sought, and including the boundary line and approximate acreage of the site, existing zoning and a legend and scale.

d)

Names, addresses and phone number of the owner, the developer and the designer who prepared the plat.

e)

Scale of plat, one (1) inch to one hundred (100) feet, or larger.

f)

Date.

g)

North point.

h)

Layout and lot and building dimensions of areas to be developed for buildings including setbacks, the anticipated total gross floor space, the areas to be developed for parking, the points of ingress and egress, including access streets where required, and the adjustments to be made in relations to abutting land uses and zoning districts.

i)

Parcels of land to be dedicated or reserved for public use.

j)

Boundary line of the total area proposed to be subdivided (if necessary) indicated by solid heavy line and the total approximate acreage encompassed thereby.

k)

A contour map. A one-foot minimum interval contour map of the land to be subdivided or improved and such adjoining land whose topography may affect the layout or drainage of the proposed parcel or improvement shall accompany the preliminary layout. These requirements are detailed in the engineering plans section later in this document.

l)

A traffic survey prepared by qualified experts setting forth and analyzing the effects of the proposed development upon traffic in and outside of the village. Such survey shall not be limited to the effect on adjacent streets, but shall extend to all of the surrounding areas affected and shall indicate the anticipated points of origin, the direction, amount and density of traffic flow to and from the proposed development or business.

m)

Architect's preliminary sketches of the proposed buildings and landscaping, defining the type of quality of construction, consistent with BOCA codes and Village of Hazel Crest supplements.

n)

A statement of the types of business and uses proposed and the market area proposed to be served, prepared by qualified experts in such matters, when appropriate.

o)

Any adjustments which must be made in relation to abutting land uses and zoning districts (a minimum of five (5) feet high screening and berming are required within one hundred (100) feet of the lot line abutting residential areas).

Within six (6) months from the date of approval of the preliminary plat, the applicant shall submit a FINAL development plat to the village which shall conform substantially to the preliminary plat as approved, and if desired by the applicant, may be submitted in phases, with each phase reflecting the approved preliminary plat which is proposed to be recorded and developed; provided, however, that such portion shall conform to all requirements of this appendix.

A.

Specifications for the final plat. No final plat of subdivision of land subject to municipal regulations located within the corporate limits or within the contiguous unincorporated territories shall be entitled to record or be valid unless the following conditions are adhered to:

1.

Final plat.

a)

All of the items required for the preliminary plat and engineering plans are completed and approved.

b)

Building setback lines are accurately shown.

c)

Soil erosion and sedimentation requirements are fulfilled.

d)

Notarized certification, by owner or owners, or by any mortgage holder on record, of the adoption of the plat and the dedication of streets and other public areas.

e)

Exact width, name and location of all streets within and adjoining the plat.

f)

All lot numbers and lines with accurate dimensions in feet and hundredths.

g)

True angles and distances to the nearest established street lines of official monuments (not less than two (2) which shall be accurately described in the plat).

h)

Municipal, township, county or section lines accurately tied to the lines of the subdivision by distances and angles.

i)

Radii, internal angles, points and curvatures, tangent bearings and lengths of all arcs.

j)

Accurate location of all iron pipe and monuments, which shall be concrete 6″ × 6″ × 30″ with an iron rod cast in the center. Permanent stone or concrete monuments shall be set at two (2) corner or angle points on the outside boundary. Pipes or other physical markers shall be placed at all lot corners and survey control points as shown on the plat of subdivision. All U.S., state, county or other official bench-marks, monuments or triangulation stations in or adjacent to the property shall be preserved in precise position.

k)

Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes indicated thereon, and of any area to be reserved by deed covenant for common uses of all property owners.

l)

Certification by a registered surveyor to the effect that the plat represents a survey made by him and that monuments and markers shown thereon exist as located and that all dimensions and geodetic details are correct.

m)

Certifications showing that all taxes and special assessments due on the property to be subdivided have been paid in full.

n)

Proper signature form for the approval by the village president and board.

o)

A statement by a competent Illinois Registered Professional Engineer giving an estimate of the total cost of the construction or installation of all public improvements including sanitary and storm sewers, water mains, street improvements, street lights and appurtenances. Such estimate shall be based on prevailing construction costs and shall be subject to the approval of the village board.

p)

No final plat shall be recorded until all applicable permits or requirements from other agencies are received.

q)

Authorization on the plat of subdivision by the surveyor authorizing the village clerk, or a duly authorized designee, to record the plat.

B.

Landscape plans.

1.

Landscape must be submitted and recommended for approval by the beautification commission or the village's landscape consultant, including trees, plants and shrubs, in accordance with the Village of Hazel Crest tree ordinances, as part of the final site or development approval process.

2.

Landscape area shall be constructed between all residential and commercial property to provide for an effective screening of noise, odor, glare and other negative environmental impacts between the residential and commercial property. The landscape areas shall be a minimum of four (4) feet in width and shall consist of appropriate materials to provide adequate screening.

3.

The landscape planting plan shall include all of the following:

a)

List of plant materials by name (botanic and common);

b)

Number/(quantity of each type of plant material to be installed;

c)

Key numbers on the plan to identify where each type of plant material is to be installed;

d)

Size of material to be installed;

e)

A complete cost estimate for landscape construction and installation from a recognized landscape contractor.

4.

The final plat and supporting data shall be submitted to the planning and zoning commission for review and public hearing in accordance with the procedure prescribed for amendments to the zoning appendix.

5.

Following review and recommendation by the planning and zoning commission, the village board shall, within forty-five (45) days thereafter, approve or disapprove the final plat, unless an extension is requested by the applicant or the village. The village board shall thereupon pass an ordinance rezoning the property, if appropriate, and approving the final plat, and allowing the applicant to submit applications for building permits.

6.

The final plat shall be recorded with the county recorder of deeds.

A.

The development project shall be developed only according to the approved and recorded final plat and all supporting data. The recorded final plat and supporting data, together with all recorded amendments, shall be binding on the applicants, their successor, grantees and assigns, and shall limit and control the use of premises and location of structures in the development project as set forth therein.

B.

Changes to the recorded development may be made as follows: Changes which alter the concept or intent of the development, including increases in density, increases in the height of buildings, reductions of proposed open space, changes in the development schedule, changes in road standards, or changes in the final governing agreements, provisions, covenants, or other changes, may be approved only by submission of a new final development plat and supporting data following the final plat procedure, including a public hearing thereon. Any other changes, minor in nature and or involving any of the above features, may be submitted directly to the village board for approval. The village board may, if it so chooses, refer the proposed change to the planning and zoning commission for report and recommendation. Any amendments to the final plat shall be recorded or registered.

In the event no building permit has been issued within one (1) year of the date of the filing of the final plat, and construction is not substantially completed within one (1) year thereafter, the development may be considered null and void and the village may, at its option, initiate such zoning amendments as it deems necessary for the public interest.

A.

Authority. The planning and zoning commission shall not approve where it has final decision making power, nor shall it recommend where it does not, any variation unless the planning and zoning commission has made findings of fact specified the reason or reasons for recommending or approving the variation. Such findings shall be based upon the standards hereinafter prescribed. Also, where the village board decides whether to grant a variation hereunder, no variation shall be granted by the village board without such findings of fact.

B.

Initiation. An application for a variation may be made by any person, firm, or corporation, or by an office, department, board, bureau or commission requesting or intending to request application for a building permit, zoning certificate or occupancy certificate.

C.

Application for variation and notice of hearing. An application for a variation shall be filed with the zoning administrator, who shall forward a copy of same without delay to the planning and zoning commission. The application shall contain such information as the planning and zoning commission may require. No more than forty-five (45) days after the filing of such application, a hearing shall be held on the application. Notice of such hearing shall be published at least once, not more than thirty (30) days nor less than fifteen (15) days before the hearing, in a newspaper published within the village and if there is none then in a newspaper of general circulation within the village. The published notice may be supplemented by such additional form of notice as the planning and zoning commission may require.

D.

Standards for variations. Accordingly the planning and zoning commission shall hear and make a final determination on a variation, except for sign variances which requires the approval of the board of trustees. The planning and zoning commission shall issue findings of fact based upon the evidence presented to it in each specific case which requires that all three (3) of the following be met:

1.

The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the district in which it is located.

2.

The plight of the owner is due to unique circumstances.

3.

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

4.

For the purpose of implementing the above rule, the planning and zoning commission shall also, in making its determination whether there are practical difficulties or particular hardships, take into consideration the extent to which the following facts favorable to the applicant have been established by the evidence:

a)

The particular physical surroundings, shape, or topographical condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out.

b)

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

c)

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

d)

The alleged difficulty or hardship has not been created by the owner of the property, or the previous owner.

e)

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

f)

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

5.

The planning and zoning commission may recommend, and the village board of trustees may require, such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in the section to reduce or minimize the injurious effect of such variation upon other property in the neighborhood and better to carry out the general intent of this zoning appendix.

E.

Authorized variations. Authorized variations from the regulations of this zoning appendix shall be approved (where it has final decision making power) or recommended (when it does not) by the planning and zoning commission, or the board of trustees, if applicable, only in accordance with the standards set out in this section, and may be granted only in the following instances, and in no others:

1.

To permit without the necessity of a public hearing up to a twenty-five (25) per cent reduction in the front, side or rear yard required by this appendix. A greater variation may be recommended but only after a public hearing as required by law.

2.

To permit the use of a lot or lots for use otherwise prohibited solely because of insufficient area or width of the lot or lots.

3.

To increase the gross area of any sign.

4.

To extend the period of time a nonconforming use may continue or remain.

5.

Permit the construction of a nonconforming building which has been damaged by explosion, fire, act of God, or public enemy, to the extent of more than fifty (50) per cent of its assessed value, where the commission finds some compelling necessity requiring a continuance of the nonconforming use, and the primary purpose of continuing the nonconforming use is not to continue a monopoly.

F.

Required vote. The concurring vote of four (4) members of the village board or shall be necessary to reverse the recommendation of the planning and zoning commission on any requested variation.

A.

Purpose. The development and execution of the zoning appendix is based upon the division of the village into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are special uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two (2) categories:

1.

Uses publicly operated or traditionally affected with a public interest.

2.

Uses entirely private in character but of such nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

B.

Authority. Special use permits may authorized or denied by the village board of trustees, but only after a public hearing has been held, in the manner prescribed herein for amendments to this appendix, and a written report outlining the findings and recommendations of the planning and zoning commission have been prepared and submitted to the village board. All special use request shall be heard by the planning and zoning commission including requests for planned developments.

C.

Initiation. An application for special use may be made by any person, firm, or corporation having an ownership interest, an option to purchase, or any exclusive possessory interest which is specifically enforceable on the land which is described in the application for a special use.

D.

Application for a special use. An application for a special use or for a change to or expansion of a special use shall be filed with the zoning administrator on the form provided and shall be accompanied by such plans and data as specified by the planning and zoning commission.

E.

Standards. No special use shall be recommended by the planning and zoning commission, unless said commission shall find:

1.

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

2.

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

3.

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

4.

That adequate utilities, access roads, drainage and/or other necessary utilities have been or are being provided.

5.

That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

6.

That the special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the village board pursuant to the recommendations of the planning and zoning commission.

7.

Each adult use shall be a minimum of one thousand (1,000) feet from the property line of another adult use.

8.

Each adult use shall be a minimum of one thousand (1,000) feet from any previously existing church, school, library, park or other publicly operated recreational facility.

9.

All distances specified shall be measured by following a straight line, without regard to intervening structures, from the nearest point on the property line or zoning district boundary line from which the proposed use is to be separated to the nearest point of the property on which the proposed use is to be located.

10.

No alcoholic beverages shall be sold, served or consumed within the premises of an adult use.

The village board shall impose such conditions and restrictions upon the premises benefited by a special use permit as may be necessary to assure compliance with the above standards, to reduce or minimize the effect of such permit upon other properties in the neighborhood, and to better carry out the general intent of this appendix. Failure to comply with such conditions or restrictions shall constitute a violation of this appendix.

F.

Expiration. Within eighteen (18) months from the date the special use permit was first issued, the petitioner shall submit a final plan to the board of trustees which shall conform to the preliminary plan as finally approved herein and the special permit issued herein. When a special use has been issued for the purpose of use only, construction must be substantially complete within eighteen (18) months. The board of trustees may extend any time limit provided or required herein or in any special permit issued herein; provided, that such extensions may not exceed a total of thirty-six (36) months.

A.

Authority and purpose. The board of trustees is hereby authorized to amend the text of these regulations or the zoning district map in light of changing conditions and in light of changes to the comprehensive plan. The provisions of this section are not intended to relieve particular hardship nor to confer special privileges.

B.

Initiation of amendment. Amendments to the text of these regulations or the zoning district map may be initiated by the board of trustees, the planning and zoning commission, village manager, any resident of the Village of Hazel Crest or any developer of any property located within the Village of Hazel Crest or its planning jurisdiction.

C.

Review. After receipt of a complete application for amendment, the zoning administrator shall complete the review of the application and send a written report to the planning and zoning commission, with a copy to the applicant.

D.

Action by the planning and zoning commission.

1.

The planning and zoning commission shall consider any amendment to the text of these regulations or the zoning district map.

2.

The planning and zoning commission shall review the proposed amendment. The planning and zoning commission will hold a public hearing and then forward its recommendation to the board of trustees for formal action.

E.

Action by the board of trustees. The board of trustees shall review the proposed amendment, the recommendations of the planning and zoning commission, and shall grant or deny the amendment within thirty (30) days of receipt of the recommendations of the planning and zoning commission.

The village board shall establish a schedule of fees, charges and expenses required for building permit, zoning certificates, certificates of occupancy, variations, special use permits, amendments, planned unit development, approvals and other matters pertaining to this appendix. Unless otherwise stated, the application fee for any zoning process is four hundred dollars ($400.00).

Until all such required fees have been paid, no application for any of the above shall be deemed to have been filed and no action shall be taken on such application. All fees shall be paid to the village clerk and none shall in any event be refunded.

Any person, firm or corporation who violates, disobeys, omits, neglects, or refuses to comply with, or who resists enforcement of any provisions of this appendix, shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00) or the established rate permitted by statute for each offense. Each day a violation is permitted to exist after notification thereof shall constitute a separate offense.

The owner or tenant of any building, structure, or land, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

Nothing herein contained shall prevent the village from taking such other lawful action as is necessary to prevent or remedy any violation.

Should any section or provision of this appendix be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the ordinances as a whole or any part thereof other than the part so declared to be invalid.

The liabilities hereunder imposed on an owner shall attach to a trustee under a land trust, holding title to such building, structure, or premises without the right of possession, management, or control, unless said trustee in a proceeding under said provisions of this appendix discloses in a verified pleading or in an affidavit filed with the court, the name and last known address for each person who was a beneficiary of the trust at the time of the alleged violation and of each person, if any, who was then acting as agent for the purpose of managing, controlling, or collecting rents, as the same may appear on the records of the trust.