It is recognized that development of vacant land, redevelopment of improved land, subdivision of land, occupancy of structures, and special uses create potential for traffic congestion, overcrowding, adverse environmental effects, overburdened utilities, or poorly designed sites. This article establishes a review process, and enumerates standards governing decision-making under this chapter, and it identifies the required information and documents for applications required by this chapter. Site plan review shall be required prior to issuance of a required zoning certificate to ensure that new construction and uses are otherwise in conformance with the intent of the comprehensive plan of the village and with the provisions of this chapter, and that the arrangement of buildings, off-street parking and loading facilities, lighting, landscaping, ingress and egress, drainage, signs, streets, alleys, water distribution systems, sanitary waste collection systems, utilities and other improvements is provided in a manner that will promote safety and convenience for the public and will preserve property values of surrounding property.

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

(a)

Every applicant for rezoning, special use permit, planned development, concept plan, preliminary plat or plan, final development plat or plan, parking land banking, site plan review for new construction or new parking facilities in any zoning district shall reimburse the village for expenses incurred by the village in connection with all legal, engineering, land planning and other professional services required during the review of applications required by this chapter and to ensure compliance with the standards contained in this chapter.

(b)

The applicant shall deposit into a specified account with the village at the time of each application an amount not less than $500.00 and not more than $2,500.00. The amount shall be determined by the president and shall be based upon the expected complexity of the proposed application and the anticipated amount of time required by the village staff and its consultants to review the application and supporting documentation. The final fee billed to the applicant may be more or less than the president's estimate.

(c)

Such expenses shall include, but are not limited to, the following:

(1)

Charges for meetings with the applicant, which will be charged at prevailing hourly charges of all staff members and consultants deemed necessary by the village; and

(2)

The prevailing hourly charges of all village staff members and consultants deemed necessary by the village, for time spent on reviewing applications.

(d)

All proceedings in connection with the rezoning, special use permits or planned development shall be stayed until such sum so designated is deposited with the village as required.

(e)

Upon submission of bills by the village attorney, village engineer, village planner or other consultant hired to review the application, the village shall pay these fees out of the specified account. At such time as the balance of the account reaches one-fourth of the original amount deposited, the president may demand from the applicant a sum of money that, in addition to the balance of the account, shall equal the amount originally required by the village, or such lesser fraction thereof that the president may in such case determine.

(1)

All proceedings with regard to such rezoning, special use permit, or planned development shall be stayed until the subsequent demands for payment of fees shall be deposited in the account.

(2)

Any demand or subsequent demand of the village not deposited by the applicant within ten days of the date of the demand shall, at the discretion of the village board and upon written notice to the applicant, terminate and render null and void the application for the proposed rezoning, special use permit, or planned development.

(f)

The village shall present a final statement by the village attorney, village engineer, village planner or other consultant hired to review the application within 60 days of the approval of the application. If, upon payment of these fees, any balance is remaining in the specified account, the balance shall be returned and repaid to the applicant.

(a)

Zoning certificate. Unless the zoning administrator has certified that a proposed use of land or buildings or construction, alteration, remodeling or reconstruction complies with the requirements of this chapter, no building permit pertaining to the construction, remodeling, moving or reconstruction of any structure shall be issued by the village; no construction, building, moving, remodeling or reconstruction of any structure shall be commenced; no improvement of land preliminary to any use of such land shall be commenced; and no permit pertaining to the use of land or structures shall be issued by any official, officer, employee, department, board or bureau of the village. Any zoning certificate issued in conflict with the provisions of this chapter shall be null and void.

(1)

Application. Any application for a building permit that contains the information required by this article shall be deemed to be an application for a zoning certificate. Every application for a zoning certificate shall be accompanied by the following:

a.

The certificate of a registered architect or registered structural engineer licensed by the state, or of an owner-designer, that the proposed construction, remodeling, or reconstruction complies with all of the provisions of this chapter, shall be submitted.

b.

An approved site plan shall be submitted.

c.

All applications for a zoning certificate for the construction, moving, remodeling or reconstruction of any structure to be located in an industrial district shall be accompanied by sufficient information to enable the zoning administrator to determine that there will be compliance with all of the applicable performance standards of article V, division 4 of this chapter at all times. At the request of the zoning administrator, the applicant shall provide, in addition such information, the following:

1.

A description of the activity to be conducted in sufficient detail to indicate the extent to which the proposed operation will produce waste products, conditions, or external effects which are regulated or otherwise limited by article V, division 4 of this chapter.

2.

A description of the type and location of any abatement devices or recording instruments used to control or measure conformity with any of the standards set forth in article V, division 4 of this chapter.

3.

Such other data and certificates as may reasonably be required by the zoning administrator to reach a determination with respect to whether the proposed use or structure will comply with the requirements of article V, division 4 of this chapter.

All information and evidence submitted in an application for a zoning certificate to indicate conformity with the performance standards set forth in article V, division 4 of this chapter shall constitute a certification and an agreement on the part of the applicant that the proposed structure or use can and will conform to such standards at all times.

(2)

Issuance. The zoning administrator, within seven days after receipt of an application for accessory structures, and within 14 days after receipt of an application for all other structures and uses, except in the industrial districts, shall either approve or deny an application for a zoning certificate. The zoning administrator shall advise the applicant in writing of the reasons for denial.

(3)

Period of validity. A zoning certificate shall become null and void six months after the date on which it is issued unless construction, moving, remodeling or reconstruction of a structure is commenced or a use is commenced within such six-month period.

(4)

Certificates issued in conflict with chapter. Any zoning certificate issued in conflict with the provisions of this chapter shall be null and void.

(b)

Occupancy certificate. Unless an occupancy certificate shall first have been obtained from the zoning administrator certifying that the proposed use or occupancy complies with all the provisions of this chapter, no structures or additions thereto constructed, moved, remodeled, or reconstructed after the effective date of the ordinance from which this chapter is derived shall be occupied or used for any purpose, and no land vacant on such effective date shall be used for any other use.

(1)

Application.

a.

All districts except industrial districts. Every application for an occupancy certificate for a new or changed use of land or structures where no zoning certificate is required shall be filed with the zoning administrator and be in such form and contain such information as the zoning administrator shall provide by general rule.

b.

Industrial uses. Every application for an occupancy certificate for any use to be located in an industrial district shall be accompanied by sufficient information to enable the zoning administrator to determine that all the applicable performance standards of article V, division 4 of this chapter can and will be complied with at all times. At the request of the zoning administrator, the applicant shall provide such information as is specified in subsection (a)(1) of this section.

(2)

Issuance. No occupancy certificate for a structure, or addition thereto, constructed, moved, remodeled or reconstructed after the effective date of the ordinance from which this chapter is derived shall be issued until such work has been completed, including off-street parking and loading spaces, and the premises have been inspected by the zoning administrator and determined to be in full and complete compliance with the plans and specifications upon which the issuance of the zoning certificate was based. No occupancy certificate for a new use of any structure or land shall be issued until the premises have been inspected by the zoning administrator and determined to be in full and complete compliance with all the applicable regulations for the zoning district in which it is located.

(3)

Temporary occupancy permits. Pending the issuance of a permanent occupancy certificate, a temporary occupancy certificate may be issued to be valid for a period not to exceed six months from its date pending the completion of any addition or during partial occupancy of the premises. Temporary occupancy permits may only be issued when extraordinary circumstances exist (i.e., unavailability of materials, inclement weather, etc.) and when it would not jeopardize the life or property of the citizens of the village. Any temporary occupancy permit issued must be accompanied by a letter of credit or a bond to cover site work which has not been completed at the time of application for an occupancy permit. The amount of the letter of credit or bond shall be determined by the zoning administrator and shall be deposited in an escrow account by the village for the duration of the temporary occupancy permit or until the site work has been completed in accordance with the approved site plan and inspected by the zoning administrator.

(4)

Action by zoning administrator. An occupancy certificate shall be issued, or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, within five days after the receipt of an application therefor or after the zoning administrator is notified in writing that the structures or premises are ready for occupancy; provided, however, that the zoning administrator shall have a period of seven days within which to issue or refuse a temporary occupancy certificate on all applications which are required to comply with the provisions of subsection (b)(3) of this section.

Site plan review shall be required prior to or concurrent with:

(1)

Granting rezoning to any commercial or industrial district;

(2)

Granting any special use permit;

(3)

Granting a planned development; or

(4)

Approval of a zoning certificate for any commercial or industrial construction involving new buildings, or a change of occupancy which requires additional parking.

(a)

Every application for site plan review shall be accompanied by the following in the number prescribed by the zoning administrator:

(1)

A complete application form furnished by the zoning administrator.

(2)

A plat of survey, drawn to scale, showing the actual dimensions of the subject property.

(3)

A site plan, drawn to scale, showing the location, dimensions, bulk, ground area and height of all existing and proposed structures, accessory structures, freestanding signs, parking and loading facilities, driveways and parking aisles; adjacent public streets and sidewalks; building lines and easements; trash enclosures, lighting, existing and proposed topography; stormwater drainage facilities; public water and sewer facilities; and such other information as may be required by the zoning administrator for the proper enforcement of this chapter.

(4)

A landscape plan as required in article 6, division 6 of this chapter.

(5)

A tree preservation and removal plan if required by article 6, division 6 of this chapter.

(6)

Architectural drawings showing plan and exterior elevations of all buildings on the site.

An exterior illumination plan is required any time exterior illumination is proposed, or modified, that is associated with any use, except single-family. The exterior illumination plan shall include a site plan indicating the location of all exterior illumination fixtures and intensity of footcandles at various points on the site, catalog cuts of the proposed fixtures, and a summary table containing average footcandles, minimum footcandles, maximum footcandles, uniformity ratio (average/minimum), footcandles at the property lines, pole height, and loss factor (LLF). The plan shall also contain a certification by the property owner or agent and the preparer of the exterior illumination plan that the exterior illumination depicted on the plan complies with the requirements of section 82-410 and other provisions of this chapter. Once the exterior illumination plan is approved, the exterior illumination of the property shall conform to the plan.

(b)

In addition to the requirements of subsection (a) of this section, all applications for site plan review in industrial districts shall provide the following:

(1)

A description of the activity to be conducted in sufficient detail to indicate the extent to which the proposed operation will produce waste products, conditions, or external effects which are regulated or otherwise limited by article V, division 4 of this chapter.

(2)

A description of the type and location of any abatement devices or recording instruments used to control or measure conformity with any of the standards set forth in article V, division 4 of this chapter.

(a)

Village staff review. Upon receipt of a complete application, the zoning administrator shall distribute copies of the application and supporting documents to such village staff and consultants as appropriate for review and comment concerning compliance with village requirements. Within 14 days of receipt of a complete application, the zoning administrator shall advise the applicant, in writing, that the site plan conforms or fails to conform with the requirements of this chapter or other provisions of this Code. If the site plan fails to conform, the zoning administrator shall specify the reasons the site plan fails to conform.

(b)

Action by plan commission. Within 30 days of receipt of a complete application, the plan commission shall review the site plan and the zoning administrator's advisory report. After reviewing the zoning administrator's report and the site plan, the plan commission shall recommend approval, denial or modification of the site plan, with or without conditions, or may defer the item for further study.

(c)

Action by village board. Within 30 days of the plan commission's final recommendation concerning the site plan, the village board shall approve, deny, modify, or refer the item to the plan commission for further consideration. When the plan commission recommends denial of a proposed site plan, such site plan shall not be approved except upon the favorable vote of two-thirds of all members of the village board.

(a)

The zoning administrator, when evaluating site plans, shall review:

(1)

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

(2)

Traffic and parking layout so as to minimize danger and conflicts between pedestrians and motorists, and otherwise comply with the requirements of article VI, division 7 of this chapter;

(3)

Location of principal structures, accessory structures and freestanding signs, so that the location of accessory structures and freestanding signs does not impede safe and efficient traffic circulation or stormwater drainage or otherwise adversely impact adjoining land improvements;

(4)

That the proposed use is permitted in the district in which the property is located;

(5)

That the proposed arrangement of buildings, off-street parking, access, lighting, landscaping, and drainage is compatible with adjacent land uses and employs sound site planning principles;

(6)

That the vehicular ingress and egress to and from the site and circulation within the site provides for safe, efficient and convenient movement of traffic not only within the site but on adjacent roadways as well;

(7)

That all outdoor storage areas are screened and are in accordance with standards specified by this chapter; and

(8)

That all exterior illumination complies with the standards and requirements of this chapter.

(b)

The zoning administrator may enlist the services of other village departments and consultants to determine compliance with the provisions of this chapter and other provisions of this Code.

Because of their unique and potentially harmful characteristics, certain uses set forth in this article shall be located in a district only upon consideration in each case of the impact of such use upon neighboring land and of the public need for such a use at the particular location. Such uses, hereby designated as special uses, fall into two categories:

(1)

Uses either municipally operated, or operated by regulated public utilities, or traditionally affected by a public interest; and

(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.

The village board may authorize, by ordinance (special use permit), the establishment, operation or construction of any special use as designated in each of the zoning districts. All of the other applicable provisions of this chapter, including the requirements and restrictions of the zoning district in which the proposed special use is to be located, shall be applicable to the establishment and maintenance of such special use unless the ordinance authorizing the establishment or construction of the particular special use expressly provides otherwise. Subject to the standards contained in this division, the village board shall have authority to permit special uses as designated in each of the zoning districts of land or structure, or both, provided it shall find that the proposed special use will comply with the standards contained in this division.

A special use permit shall be granted only if evidence is presented to establish that:

(1)

The proposed structure or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public and will contribute to the general welfare of the neighborhood or community;

(2)

The proposed structure or use will not have a substantial adverse effect upon the adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare;

(3)

The proposed structure or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations; and

(4)

Such other standards and criteria as are established by this chapter for a particular special use as set forth in section 82-214, and as applied to planned developments as set forth in article IV, division 4 of this chapter, are met.

In addition to the standards and criteria established in section 82-213, no special use permit shall be granted for the following uses unless evidence is presented to establish that the standards and criteria set forth in this section are met:

(1)

Drive-up facilities.

a.

Drive-up facilities shall provide vehicle queuing space equal to four cars for each drive-up or service window. Such queuing space shall not interfere with access or circulation to required off-street parking or loading spaces, or with traffic movement on adjacent public streets or alleys.

b.

Loudspeakers used in connection with drive-up facilities shall be directed and modulated so as not to interfere with the privacy, use or enjoyment of adjacent residential property.

(2)

Helipad or helistop.

a.

Regularly scheduled service shall be prohibited.

b.

No aircraft support facilities shall be provided.

c.

The area shall be sufficient and the site otherwise adequate to meet the standards of the Federal Aviation Agency and the state department of aeronautics for the class of helistop or helipad proposed, in accordance with their published rules and regulations.

d.

Notification required shall be delivered to all property owners within 1,000 feet of the subject property.

(3)

Type 1, 5, 6, and 7 single-family and type 8 and 9 multiple-family dwellings.

a.

A site plan showing all existing and proposed site improvements shall be provided.

b.

Parking lot lighting shall not cast any glare onto adjacent dwellings.

c.

Architectural elevation drawings shall be prepared showing all exterior elevations and any modifications, additions or alterations thereto.

(4)

Bed and breakfast inn or lodge.

a.

A site plan showing all existing and proposed site improvements shall be provided.

b.

Only one sign shall be permitted on the premises. The sign shall be a freestanding sign no larger than six square feet in area and six feet in height and shall not be illuminated between the hours of 10:00 p.m. and 7:00 a.m.

c.

No parking shall be permitted in the front yard.

d.

The structure shall be used only for lodging and eating purposes for paying guests.

e.

Architectural elevation drawings shall be prepared showing all exterior elevations and any modifications, additions or alterations thereto.

(5)

Adult uses.

a.

Special use permit required. No person shall establish, operate or maintain an adult use without first obtaining a special use permit authorized and issued by the village board in accordance with the standards and procedures set forth in this chapter.

b.

Definitions. As used in subsection (5) of this section, the following words and terms shall have the following meanings:

Adult bookstore means an establishment having, as a substantial or significant portion of its sales or stock in trade, books, periodicals, magazines, videotapes, or films for sale, for rental or for viewing on-premises which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section devoted to the rental, sale or display of such materials, or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin-operated booths, exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such material.

Adult entertainment cabaret means a public or private establishment which:

1.

Features models, topless dancers, strippers, or male or female impersonators;

2.

Not infrequently features entertainers who display specified anatomical areas; or

3.

Features entertainers who by reason of their appearance or conduct perform in a manner which is designed primarily to appeal to the prurient interest of the patron, or entertainers who engage in or are engaged in explicit simulation of specified sexual activities.

Adult motion picture theater means a building or area used for presenting films, videotapes or other materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult use means adult bookstores, adult motion picture theaters, adult entertainment cabarets, and other similar uses.

Specified sexual activities means:

1.

Human genitals in the state of sexual stimulation or arousal;

2.

Acts of human masturbation, sexual intercourse or sodomy; and

3.

Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.

Specified anatomical areas means:

1.

Less than completely and opaquely covered:

i.

Human genitals, pubic region;

ii.

Human buttock;

iii.

Human female breasts below a point immediately above the top of the areola; and

2.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

c.

Liquor. No liquor license shall be issued for any adult use, and no liquor shall be sold or consumed on the premises of any adult use.

d.

Location. Adult uses may be allowed, upon obtaining a special use permit, in the zoning districts identified in article V, division 3 of this chapter, pertaining to permitted uses, provided that no adult use shall be located within 660 feet of any property which is zoned or used for residences, churches, parks, schools, or another adult use.

e.

Standards. In addition to the standards set forth in section 82-213, no special use permit for an adult use shall be granted by the village board unless the village board finds:

1.

The design and operation of the facility will not adversely affect the public health and safety;

2.

It will not cause substantial injury to the value of other property in the neighborhood in which it is located;

3.

It will not unduly increase traffic congestion in the public streets and highways in the area in which it is located;

4.

It will not cause additional public expense for fire or police protection;

5.

It will not substantially increase the possibility of criminal acts against persons and properties within 500 feet of such proposed special use or against persons who regularly use such properties; and

6.

It is located in a zoning district in which adult uses are allowed as a special use and meets the location requirements stated in subsection (5)d of this section.

f.

Registration. The owner of a building or premises, his agent for the purposes of managing, controlling or collecting rents, or any other person managing or controlling a building or premises, any part of which contains an adult use, shall register the following information with the village clerk:

1.

The address of the premises;

2.

The name of the owner of the premises and name of the beneficial owner if the property is in a land trust;

3.

The addresses of the owner and the beneficial owner;

4.

The name of the business or establishment subject to the provisions of subsection (5) of this section;

5.

The names and addresses of the owners, the beneficial owners or the holders of ten percent or more of the issued shares, partnership or member interest, of the business or establishment subject to the provisions of subsection (5) of this section;

6.

The date of initiation of the adult use;

7.

The nature of the adult use; and

If the premises or building is leased, a copy of the lease must be attached.

g.

Exterior display. No adult use shall be conducted in any manner that permits the observation of any material depicting or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window, or other opening.

h.

Existing adult uses. Any adult use which existed lawfully, but which became nonconforming upon the adoption of the ordinance from which this chapter is derived, may be continued as provided in this subsection.

1.

Upon written notice from the village to the owners or tenants therein that any building, structure, lot or use is nonconforming under the provisions of this chapter as to adult uses, the owners or tenants therein shall, within two months from the date of such notice, apply to the village for a special use permit for an adult use.

2.

Failure to apply for a special use permit for an adult use within two months of the notice provided for in subsection (5)h.1 of this section will require the amortization of the nonconformance within six months of the notice provided for in subsection (5)h.1 of this section.

3.

Nonconformances for which a special use permit for an adult use has been requested shall be discontinued within one year of the notice provided in subsection (5)h.1 of this section unless a special use permit for an adult use is issued by the village board.

(6)

Group homes.

a.

Special use permit required. No person shall establish, operate or maintain a group home without first obtaining a special use permit authorized and issued by the village board in accordance with the standards and procedures set forth in this chapter.

b.

Standards. In addition to the standards set forth in section 82-213, no special use permit for a group home shall be granted by the village board unless the following requirements are met:

1.

Occupancy. Each single-occupancy bedroom within a group home shall contain a minimum of 55 square feet of net floor area per occupant exclusive of space devoted to closets, wardrobe areas, bathrooms, and clearly definable hallways and entryway areas. The residents of a group home shall regularly utilize the common cooking facilities and common living and eating areas within their group home.

2.

Spacing. A group home shall be located no closer than 1,000 feet to another group home. This requirement may be waived if the village board, acting upon the recommendation of the plan commission, finds that the cumulative effect of such uses would not alter the residential character of the neighborhood in which they are located, would not create an institutional setting, and would not adversely affect the value and character of surrounding properties.

3.

Residential character. A group home shall be designed and maintained to be compatible in size, type and building materials to adjacent dwellings. In addition, a group home shall have no signage or activities that would alter the residential character or appearance of the dwelling. With the exception of those offices and meeting rooms that are used only by the residents of the group home, no offices or meeting rooms shall be maintained within a group home.

4.

Traffic generation and parking. A group home shall not generate any more traffic than typically associated with a single-family or multiple-family dwelling of similar size, or require more vehicle parking than is available on the adjacent street or parking spaces allowed on the lot on which it is located.

5.

Licensing. A group home shall be licensed, accredited or sponsored by a local, state or national government agency or other entity which imposes standards or guidelines for the operation and maintenance of the group home.

(7)

Personal wireless facilities.

a.

Special use permit required. No person shall establish, construct, maintain, or operate a personal wireless service facility, other than on municipally owned property, without first obtaining a special use permit authorized and issued by the village board in accordance with the standards and procedures set forth in this chapter.

b.

Purpose. The purpose of subsection (7) of this section is to establish a comprehensive set of regulations pertaining to the location, siting, development, design and permitting of wireless communications facilities for all districts in the village in order to:

1.

Facilitate the development of a wireless communications infrastructure in the village for commercial, public and emergency uses;

2.

Encourage the collocation of wireless communications facilities;

3.

Encourage users of wireless communications facilities to configure them in a manner which minimizes the adverse visual impact of such facilities;

4.

Enhance the ability of the providers of wireless communications services to provide such services to the community quickly, efficiently, and effectively;

5.

Establish the rules and procedures for approving zoning applications for wireless communication facilities; and

6.

Minimize the total number of wireless communication facilities in the village.

c.

Scope. The provisions of subsection (7) of this section shall apply to all personal wireless service facilities, whether such facilities are used as a principal use or as an accessory use, unless otherwise exempted from these regulations.

1.

Pre-existing towers or antennas. Towers and antennas existing on the date of adoption of the ordinance from which this subsection is derived shall not be required to meet the requirements of subsection (7) of this section other than the requirements of subsections (7)f.5, f.6, and f.7 of this section.

2.

AM arrays. For purposes of implementing this chapter, an AM array, consisting of one or more towers united and supporting a ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers including the AM array. Additional towers may be added within the perimeter of the AM array by right.

d.

Exemptions. The following uses and activities are exempt from the regulations of subsection (7) of this section:

1.

Satellite dishes 40 inches or less in diameter or diagonal measurement.

2.

Existing towers and antennas and any repair, reconstruction, or maintenance of these facilities which do not create a significant change in visual impact.

3.

Any tower or installation of any antenna which is owned and operated by a federally licensed amateur radio station operator as part of the amateur radio service, is a citizens band radio, or is used exclusively for receive-only antennas.

4.

Antennas and equipment and other apparatus completely located within an existing structure whose purpose is to enhance or facilitate communication functions of other structures on the site.

5.

Personal wireless service facilities located on property owned, leased or otherwise controlled by the village provided a lease or license authorizing such personal wireless service facilities has been approved by the village board.

6.

Antennas not attached to a tower and incorporating stealth design amateur radio operation/receive only antennas. Subsection (7) of this section shall not govern any towers or the installation of any antenna that is 50 or less feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas. No receive-only antenna shall exceed the highest point on the nearest residential rooftop of a dwelling by more than ten feet.

e.

Definitions. As used in subsection (7) of this section, the following words and terms shall have the following meanings:

Ancillary building means the buildings, cabinets, vaults, closures and equipment required for operation of telecommunication systems, including but not limited to repeaters, equipment housing, relay equipment, ventilation and other electrical and mechanical equipment.

Antenna means a device, commonly in the form of a metal rod, wire panel or dish, for transmitting or receiving electromagnetic radiation. An antenna is typically mounted on a supporting tower, pole, mast, building, or other structure.

Collocation means the placement of two or more antenna systems or platforms by separate Federal Communications Commission license holders on a structure such as a support structure, building, water tank, or utility pole.

Guyed tower means a tower that is supported by the use of cables (guy wires) which are permanently anchored.

Lattice tower means a tower characterized by an open framework of lateral cross members which stabilize the tower.

Mast means a vertical element consisting of a tube or rod which supports an antenna.

Monopole means a single upright pole engineered to be self-supporting and that does not require lateral cross supports or guys.

Personal wireless service facilities means facilities for the provision of personal wireless services.

Personal wireless services means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.

Stealth design means a personal wireless service facility that is designed or located in such a way that the antennas and/or towers are camouflaged, concealed, disguised and otherwise not readily recognizable as telecommunications equipment. Examples of stealth design include concealing antennas in clock towers, in bell steeples, or on light poles, and integrating antennas into architectural elements on buildings by color, shape or location on the building.

Tower means a vertical framework of cross elements that supports either an antenna, a mast, or both.

Unlicensed wireless service means the offering of telecommunications services using duly authorized devices which do not require individual licenses issued by the Federal Communications Commission, but does not mean the provision of direct-to-home satellite services as defined by the Federal Communications Commission.

Wireless communication facility means an unstaffed facility for the transmission or reception or reception of radio frequency (RF) signals, usually consisting of an equipment shelter, cabinet or other enclosed structure containing electronic equipment, a support structure, antennas or other transmission and reception devices. Amateur radio facilities and facilities used exclusively for the transmission of television and radio signals are not considered wireless communication facilities.

Wireless communication facility, attached, means a wireless communication facility that is affixed to an existing structure, e.g., an existing building wall or roof, mechanical equipment, tower or pole, water tank, utility pole, or light pole, that does not include an additional wireless communication support structure.

Wireless communication support structure means a new structure, tower, pole or mast erected to support wireless communication antennas and connecting appurtenances. Support structure types include, but are not limited to, monopoles, lattice towers, wood poles and guyed towers.

f.

Performance standards.

1.

Equipment. Mobile or immobile equipment not used in direct support of a personal wireless service facility shall not be stored or parked on the site of a personal wireless service facility unless repairs to such facility are being made. Backup generators shall be operated only during power outages and for testing and maintenance purposes. Noise attenuation measures shall be included to reduce noise levels. Testing and maintenance of generators shall occur only on weekdays between the hours of 8:00 a.m. and 5:00 p.m.

2.

Lighting. No signals or lights or illumination shall be permitted on a personal wireless service facility unless required by the Federal Communications Commission, the Federal Aviation Administration, or the village. If illumination is required, the illumination alternative and design chosen must cause the least disturbance to the surrounding views.

3.

Signs. No personal wireless service facility shall be used or serve as a sign or bear any advertising emblem or logo other than the name of the manufacturer or provider in letters or graphics not to exceed four inches in height, or those required by the Federal Communications Commission.

4.

Aesthetics. Towers and antennas shall comply with the following requirements:

i.

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the Federal Aviation Administration, be painted a neutral color so as to reduce visual obtrusiveness.

ii.

At a tower site, the design of the buildings and related structure shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural settings and surrounding buildings.

iii.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

5.

Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the village as an accessory use to any commercial, industrial, professional, institutional, or multifamily structure of 24 or more dwelling units, provided:

i.

The antenna does not extend more than 30 feet above the highest point of the structure;

ii.

The antenna complies with all applicable Federal Communications Commission and Federal Aviation Administration regulations;

iii.

The antenna complies with all applicable building codes and safety standards as referenced in subsection (7)f.7 of this section; and

iv.

The antenna utilizes stealth design.

6.

Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the village and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:

i.

Tower type. A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the village allows reconstruction as a monopole.

ii.

Height.

(a)

An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower's existing height, to accommodate the collocation of an additional antenna, provided the total height shall not exceed 150 feet.

(b)

The height change referred to in this subsection may only occur one time per communication tower.

(c)

The additional height referred to in subsection (7)f.6.ii(a) of this section shall not require a distance separation. The tower's premodification height shall be used to calculate such distance separations.

iii.

On-site relocation.

(a)

A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on-site within 50 feet of its existing location.

(b)

After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.

(c)

A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers. The relocation of a tower under this subsection shall in no way be deemed to cause a violation of this chapter.

7.

Compliance with building codes and safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in the current and applicable state or local building codes and the applicable standards to towers that are published by the Electronic Industry Association, as amended from time to time. If, upon inspection, the village concludes that a tower fails to comply with such codes and standards and constitutes a danger to person or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within the 30-day period shall constitute grounds for removal of the tower or antenna at the owner's expense.

8.

Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communications system in the village have been obtained and shall file a copy of all required franchises with the village clerk.

9.

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide the zoning administrator an inventory of its existing towers, antennas, or sites approved for towers and antennas, that are either within the jurisdiction of the village or within 1½ miles of the border thereof, including specific information about the location, height, and design of each tower. The zoning administrator may share such information with other applicants applying for administrative approvals of special use permits under this subsection or other organizations seeking to locate antennas within the jurisdiction of the village; provided, however that the zoning administrator is not, by sharing such information, in any way representing or warranting such sites are available or suitable.

10.

Lot size. For purposes of determining whether the installation of a tower or antenna complies with the district bulk regulations, including but limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels or easements within such lot.

11.

Measurement of distances. For purposes of measurement, tower setback and tower separation distances shall be calculated and applied to facilities located in the village irrespective of municipal jurisdictional boundaries.

12.

Multiple antenna/tower plans. The village encourages all plans for tower and antenna sites to be submitted in a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.

13.

Towers and antennas not essential services. Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities.

14.

Principal or accessory use. Antennas and towers may be considered principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

15.

State or federal requirements. All towers must meet or exceed current standards or regulations of the Federal Aviation Administration, the Federal Communications Commission, or any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this subsection shall bring such towers and antennas into compliance with such revised standards and regulations, unless a different compliance schedule is mandated by the controlling state of federal agency.

g.

Additional application requirements. In addition to any information required for applications for special use permits pursuant to section 82-213, applicants for a special use permit for a personal wireless service facility shall submit the following information:

1.

A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), comprehensive plan designation of the site and all adjoining or adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the zoning administrator to be necessary to assess compliance with this chapter.

2.

A legal description of the parent tract and leased parcel, if applicable.

3.

The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

4.

The separation distance from other towers described in the inventory of existing sites submitted pursuant to subsection (7)f.9 of this section, which shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing towers and the owner/operator of the existing towers, if known.

5.

A landscape plan showing specific landscape materials.

6.

Method of fencing and finished color and, if applicable, the method of camouflage and illumination.

7.

A description of compliance with subsection (7)f of this section and all applicable federal, state or local laws.

8.

A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

9.

Identification of the entities providing the backhaul network for the tower described in the application and other cellular sites owned or operated by the applicant in the village.

10.

A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

11.

A description of the feasible locations of future towers or antennas within the village based upon existing physical, engineering, technological or geographical limitations if the proposed tower is erected.

h.

Factors to be considered in granting special use permit for towers. In addition to any standards for consideration of special use permit applications pursuant to this division, the plan commission shall consider the following factors in determining whether to issue a special use permit, although the plan commission may waive or reduce the burden on the application of one or more of these criteria if the plan commission concludes that the goals of this chapter are better served thereby:

1.

Height of the proposed tower;

2.

Proximity of the tower to residential structures and residential district boundaries;

3.

Nature of uses on adjacent and nearby properties;

4.

Surrounding topography;

5.

Surrounding tree coverage and foliage;

6.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

7.

Proposed ingress and egress; and

8.

Availability of suitable existing towers, other structures, or stealth design. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the plan commission that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the plan commission related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

i.

No existing towers or structures are located within the geographic area which meet the applicant's engineering requirements.

ii.

Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.

iii.

Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.

iv.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

v.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

vi.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

vii.

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

(8)

Refuse transfer stations.

a.

Operator's license required. No person shall hereafter operate a refuse transfer station within the village without first obtaining from the village board a refuse transfer station operator's license (transfer station license) in such form and in such manner as provided by the village board. No transfer station license shall be issued unless the land upon which such transfer station operations are proposed to be conducted has been, or simultaneously with the issuance of the transfer station license is, granted a special use for the conduct of a refuse transfer station. No transfer station license shall be issued unless the total fee, which may be otherwise provided in this chapter or other ordinances of the village, is paid to the village.

b.

General standards. Refuse transfer stations shall comply will all applicable state and federal health, sanitation and environmental protection requirements and standards.

c.

Specific standards.

1.

No burning or melting shall be permitted.

2.

All unloading, compacting and loading of refuse shall be performed in a completely enclosed building.

3.

All refuse transfer operations and buildings shall be not less than 300 feet from any residential zoned lot.

4.

Truck routing shall not rely upon any residential streets for access to or egress from the facility.

5.

No collection route vehicles shall be parked or stored on the site.

6.

No storage of refuse shall be permitted outside of semitrailers, bins, barrels or other appropriate containers.

7.

The facility shall be designed such that all areas not covered with landscaping have an all-weather dust-free surface.

d.

Additional application requirements. In addition to the requirements of section 82-216, applications for refuse transfer stations shall provide the following:

1.

A geotechnical report identifying the characteristics of subsurface soils and seasonal groundwater table and the general suitability of the site for the proposed buildings and uses.

2.

An agricultural drain tile investigation identifying the location and condition (material, flow, direction) of all tile entering and leaving the site.

3.

Circulation:

i.

Truck routing plan to and from the site.

ii.

On-site separation of collection vehicles and public vehicles.

4.

A master plan showing the location, size and function of all buildings on the property, parking and circulation areas, and the location and method of screening and buffering.

5.

Written material indicating:

i.

Measures to control rodents, dust, litter, noise and odors.

ii.

Maximum daily capacity of the facility.

iii.

Daily and peak trip generation.

iv.

Hours of operation.

(9)

Recycling centers and recycling collection centers.

a.

General standards. The design and operation of recycling centers and recycling collection centers shall comply with all applicable state and federal regulations.

b.

Operation in enclosed building required. The operation of recycling centers and recycling collection centers, including collection, processing, and storage of all used products and materials and recovered resources, shall be conducted entirely within an enclosed building.

c.

Recoverable resources. The used products and materials shall be limited to those used products and materials manufactured from wood, fabric, paper, rubber, plastic, leather, glass, and metal resources.

d.

Processing. The processing of used materials and products shall be limited to disassembly, separating, flattening, melting, shredding, stripping, compacting, bundling, and preparing such resources for shipment.

e.

Exemptions. Resource recovery operations accessory or incidental to the principal use of the residential, commercial, office, industrial, institutional, or government buildings in which the operation is located are exempt from the requirements of this subsection.

(10)

Large retail or industrial establishments.

a.

Purpose. Large retail developments depend on high visibility from major public streets. In turn, their design influences the character and attractiveness of streetscapes in the village. The business and marketing interests of corporations, even with strong image-making design by professional designers, create buildings and physical designs that are indifferent to local identity and interests. This practice can be potentially detrimental to the village's aspirations and the goals of the comprehensive plan when they result in massive individual developments that do not contribute to the physical development of the village in a positive manner. The purpose of this subsection is to encourage business development that contributes to the village as a unique place by reflecting the village's physical character and adding to it in appropriate ways.

b.

Scope. The guidelines and standards in this subsection shall apply to a single industrial or retail use or shopping centers having 40,000 square feet of gross floor area or more under roof. The standards require a basic level of architectural variety, compatible scale, pedestrian and bicycle access, and mitigation of negative impacts. The standards are not intended to limit creativity, but to stimulate design creativity within the context of the site and its environs.

c.

Design standards for large retail establishments.

1.

Facades and exterior walls. Facades shall be articulated to reduce the massive scale and the uniform, impersonal appearances of large retail buildings and provide visual interest that will be consistent with the pedestrian character and scale of the village.

i.

Facades greater than 100 feet in length, measured horizontally, shall incorporate in the wall plane projections or recesses having a depth of at least three percent of the length of the facade and extending at least 20 percent of the length of the facade. No uninterrupted length of any facade shall exceed 100 horizontal feet.

ii.

Facades that enfront on a public street shall have arcades, display windows, entry areas, awnings, or other such features along no less than 20 percent of their horizontal length.

2.

Small retail stores. The presence of small retail stores gives a large retail establishment a more pedestrian scale and friendlier appearance by creating variety, breaking up large expanses of blank exterior walls, and expanding the range of activities on the site. Where principal buildings contain additional, separately owned stores which occupy less than 25,000 square feet of gross floor area, with separate, exterior customer entrances, the following shall apply:

i.

The street level facade of such stores shall be transparent between the height of three feet and eight feet above the sidewalk.

ii.

Windows shall be recessed and should include visually prominent sills, shutters, or other forms of framing.

3.

Detail features. Buildings shall have architectural features and patterns that provide visual interest, at the scale of the pedestrian, reduce massive aesthetic effects, and recognize local character. The following elements shall be integral parts of the building, not superficially applied trim, graphics or paint:

i.

Building facades. Building facades shall include a repeating pattern that shall include no less than three of the following elements. At least one of these elements shall repeat horizontally. All elements shall repeat at intervals of no more than 30 feet, either horizontally or vertically.

(a)

Color change.

(b)

Texture change.

(c)

Material module change.

(d)

Expression of architectural or structural bay, meaning a change in plane no less than 12 inches in width, such as an offset, reveal, or projecting rib.

ii.

Roofs. Variations in rooflines shall be used to add interest to and reduce the massive scale of large buildings. Roof features should complement the character of adjoining neighborhood property. Roofs shall have no less than two of the following features:

(a)

Three or more roof slope planes.

(b)

Parapets concealing flat roofs and rooftop equipment from public view. The average height of such parapets shall not exceed 15 percent of the height of the supporting wall and such parapet shall not at any point exceed one-third of the height of the supporting wall. Such parapets shall feature three-dimensional cornice treatment.

(c)

Overhanging eaves, extending no less than three feet past the supporting walls.

(d)

Sloping roofs that do not exceed the average height of the supporting walls, with an average slope greater than or equal to one foot of vertical rise for every three feet of horizontal.

iii.

Materials and colors. Exterior building materials and colors compose a significant part of the visual impact of a building. Therefore, they should be aesthetically pleasing and compatible with materials and colors used in adjoining neighborhoods.

(a)

The predominant exterior building materials shall be high quality materials, including, but not limited to, tinted or textured concrete masonry units, brick, wood, or stone.

(b)

Facade colors shall be low reflectance, subtle, neutral or earth-tone colors. The use of high intensity colors, metallic colors, fluorescent colors, or black is prohibited.

(c)

Building trim and accent areas may feature brighter colors, including primary colors, but neon tubing or fluorescent colors shall not be an acceptable feature for building trim or accent areas.

(d)

Predominant exterior building materials shall not include the following: smooth-faced concrete block, tilt-up panels, or prefabricated steel panels.

iv.

Entryways. Entryway design elements and variations shall give orientation and aesthetically pleasing character to the building. Each principal building on a site shall have clearly defined, highly visible customer entrances featuring no less than three of the following: canopies or porticos, overhangs, recesses/projections, raised corniced parapets over the door, peaked roof forms, arches, outdoor patios, display windows, architectural details such as tile work and mouldings which are integrated into the building structure and design, or integral planters or wing walls that incorporate landscaped areas and/or places for sitting. Where additional stores will be located in the principal building, each store shall have at least one exterior customer entrance, which shall conform to the foregoing requirements.

v.

Back and side facades. All facades of a building which are visible from adjoining properties and/or public streets shall contribute to the pleasing scale features of the building and encourage community integration by featuring characteristics similar to the front facade. All building facades which are visible from adjoining property and/or public streets shall comply with the requirements of subsection (10)c.1 of this section.

4.

Site design and relationship to surrounding neighborhood.

i.

Entrances. Large retail buildings shall feature multiple entrances. Multiple building entrances reduce walking distances from cars, facilitate pedestrian and bicycle access from public sidewalks, and provide convenience where entrances offer access to individual stores or identified departments of a store. Multiple entrances also mitigate the effect of large unbroken walls and neglected areas that often characterize building facades that face bordering land uses. All sides of a principal building that directly face a public street shall feature at least one customer entrance. Where a principal building directly faces more than two public streets, this requirement shall apply only to two sides of the building, including the side of the building facing the primary street, and another side of the building facing a second street.

ii.

Parking lot orientation. Parking areas shall provide safe, convenient, and efficient access. They should be distributed around large buildings in order to shorten the distance to other buildings and public sidewalks and to reduce the overall scale of the paved surface. If buildings are located closer to streets, the scale of the complex is reduced, pedestrian traffic is encouraged, and architectural details take on added importance. No more than 50 percent of the off-street parking area for the lot, tract, or area of land devoted to the large retail establishment shall be located between the front facade of the principal building and the abutting streets.

iii.

Pedestrian circulation. Pedestrian accessibility connects auto-oriented developments to the adjacent neighborhood, thereby reducing traffic impacts and enabling the development to project a friendlier, more inviting image. This subsection sets forth standards for sidewalk networks that can provide user-friendly pedestrian access as well as pedestrian safety, shelter, and convenience within the site.

(a)

Sidewalks shall be provided along all sides of the lot that abut a public street as required by chapter 62.

(b)

When retail buildings are not adjacent to a public right-of-way, continuous sidewalks, not less than six feet in width, shall be provided from the public sidewalk or right-of-way to the principal customer entrance of all principal buildings on the site. The sidewalk network shall connect, at minimum, focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, and building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers, or other such materials for no less than 50 percent of its length.

(c)

Sidewalks, no less than 12 feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance. Such sidewalks should provide weather protection features such as awnings, canopies or arcades within 30 feet of all customer entrances.

(d)

The sidewalk network shall be distinguished from driving surfaces through the use of durable, low maintenance surface materials such as scored or tinted concrete, pavers or bricks to enhance pedestrian safety and comfort, as well as the attractiveness of the sidewalks.

iv.

Central features and civic spaces. Buildings should offer attractive and inviting pedestrian scale features, spaces, and amenities. Entrances and parking lots should be configured to be functional and inviting with sidewalks conveniently tied to logical destinations. Bus stops and dropoff/pickup points should be considered as integral parts of the configuration. The sidewalk network should be anchored by special design features such as towers, arcades, porticos, pedestrian light fixtures, bollards, planter walls, and other architectural elements that define pedestrian circulation ways and outdoor spaces. Examples of civic spaces include plazas, patios, courtyards, and window shopping areas. The special design features and civic spaces should enhance the building and the development as integral parts of the community fabric. Each retail establishment subject to these standards shall contribute to the establishment or enhancement of sense of place and public spaces by providing at least two of the following: patio/seating area, pedestrian plaza with benches, transportation center, window shopping walkway, outdoor playground area, kiosks, water feature, clock tower, or other such deliberately shaped area and/or focal feature or amenity that, in the judgment of the plan commission, adequately enhances such community and public spaces. Any such areas shall have direct access to the public sidewalk network and such features shall not be constructed of materials that are inferior to the principal materials of the buildings and landscape.

The plan commission may recommend and the village board may impose such conditions or restrictions upon the location, construction, design and operation of a special use as they shall respectively find necessary or appropriate to secure compliance with the standards set forth in this division.

(a)

Authorization. The village board is authorized to issue a special use permit for those uses listed in this division and for planned developments, subject to the standards set forth in sections 82-243 and 82-244 and such conditions as may be imposed pursuant to section 82-215. Prior to the issuance of any special use permit, a public hearing shall be held and published notice shall be given, in the manner prescribed in subsection 82-293(c).

(b)

Application. Any person having a proprietary interest in the premises may file an application for a special use with the zoning administrator. The application shall be in such number, in such form, and contain such information as the zoning administrator may prescribe from time to time. The zoning administrator shall process such application and a hearing shall be held in the manner prescribed for amendments by article IV, division 6, of this chapter.

(c)

Report by plan commission. Within 30 days following the hearing, the plan commission shall transmit to the village board a written report giving its findings as to compliance of the proposed special use with the standards governing special uses and giving its recommendations for action to be taken by the village board.

(d)

Conditions. The plan commission may recommend and the village board may impose such conditions or restrictions upon the location, construction, design and operation of a special use, including but not limited to provisions for off-street parking spaces and the duration of such permit, as it shall respectively find necessary or appropriate to secure compliance with the standards set forth in sections 82-213 and 82-214.

(e)

Action by village board. After receiving the recommendations and report of the plan commission, the village board shall, within 30 days, review the recommendations and report and may accept the findings and recommendations of the plan commission in whole or in part or may reject them in whole or in part, or the village board may refer the matter back to the plan commission for further consideration. However, if the plan commission recommends against the issuance of a special use permit, then it may be issued only upon the favorable two-thirds vote of all of the members of the village board.

After a public hearing, no application for a special use which has been denied wholly or in part by the village board shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of substantial new evidence or proof of changed conditions found to be valid by the plan commission and village board.

If the proposed special use is not established within two years from the date of the authorization by the village board, the authorization shall become null and void and all rights thereunder shall lapse. Upon written application, the village board may authorize a single extension of the time limit for a period of not more than one year.

The development and execution of zoning regulations is based upon the division of the village into districts in which 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 by the village that new types, procedures and relationships in land development are emerging and that the mixing of uses and variations in bulk regulations within districts can produce very satisfactory, desirable and lasting results, if properly designed and planned, without adverse influence upon surrounding property. The standards in this division are established to provide flexibility to encourage sound and imaginative design, and to guard against the use of the planned development technique solely as a means to intensify the use of land.

The planned development is intended to encourage improved design in the development of land by providing relief from traditional zoning requirements which are designed for conventional development but which may cause undue hardship or complication for desirable but unconventional development, and to establish standards and procedures for the issuance of a special use permit for a planned development in order to obtain the following objectives:

(1)

Environmental design in the development of land that is of a higher quality than is normally possible through the strict application of general requirements of this chapter.

(2)

Diversification in the uses permitted and variation in the relationship of uses, structures, open spaces and heights of structures in developments conceived as cohesive unified projects.

(3)

Provision for functional and beneficial use of open space.

(4)

Preservation, to the greatest extent possible, of the archeological and historic resources and natural landscape features and amenities of a development site and utilization of such features in a harmonious fashion in the development.

(5)

Provision for a safe and desirable environment characterized by a sensitive and unified building and site development program.

(6)

Rational and economic development in relation to public services.

(7)

Creation of a variety of uses, in compatible arrangements, to provide a greater choice of living, employment and shopping environments.

(8)

Efficient use of land resulting in more economic networks of utilities, streets and other facilities.

(9)

Coordination of architectural styles, building forms and relationships, graphics and other private improvements.

(a)

Planned developments shall be constructed in each zoning district as a special use subject to the standards and procedures set forth in this division.

(b)

Except as modified by and approved in the ordinance approving a final development plan, a planned development shall be governed by the regulations of the district in which the planned development is located.

(c)

The ordinance approving the final development plan for the planned development may provide for such exceptions from the district regulations governing use, density, area, bulk, parking and signs, and the subdivision design standards, as may be necessary or desirable to achieve the objectives of the proposed planned development, provided such exceptions are consistent with the standards and criteria contained in this division. No modifications of district requirements or subdivision design standards may be allowed when such proposed modification would result in:

(1)

Inconvenient or unsafe access to the planned development.

(2)

Traffic congestion in the streets which adjoin the planned development.

(3)

An undue or disproportionate burden on public parks, recreational areas, fire and police protection, schools, and other public facilities which serve or are proposed to serve the planned development.

(4)

A development which will be incompatible with the purpose of this chapter and the goals and objectives of the village comprehensive plan.

(5)

Alteration, destruction, or diminution of natural landscape features such as floodplains, wetlands, fens, woodlands, prairie, rock outcroppings, seeps, springs, or steep slopes.

(6)

Alteration or destruction of archeological and historic features.

(d)

The plan commission may recommend to the village board and the village board may grant a special use permit which modifies the applicable district zoning regulations and subdivision regulations upon a written finding by the plan commission that the planned development meets the applicable objectives and standards and criteria contained in section 82-242, section 82-244, section 82-245, section 82-246, and section 82-247. Such written finding shall set out the reasons supporting each finding and shall support each of the standards and the applicable provisions of section 82-242, section 82-244, section 82-245, section 82-246, and section 82-247.

No planned development shall be authorized by the village board unless the plan commission shall find evidence establishing that:

(1)

The proposed development will not injure or damage the use, value and enjoyment of surrounding property or hinder or prevent the development of surrounding property in accordance with the village comprehensive plan.

(2)

The proposed development can be substantially completed within the period of time specified in the schedule of development submitted by the applicant.

(3)

The entire tract or parcel of land to be occupied by the proposed development shall be held in a single ownership, or, if there are two or more owners, the application for such proposed development shall be filed jointly by all such owners.

(4)

The development plan shall contain such proposed covenants, easements and other provisions relating to the bulk and location of buildings, uses and structures and public facilities as are necessary for the welfare of the planned development and are not inconsistent with the best interests of the village. Such covenants, easements and other provisions, when part of the approved final development, may be modified, removed or released only with the consent of the village board after a public hearing before and recommendation by the plan commission as provided in this division.

(5)

Sanitary sewers, storm sewers and water supply to service the development are adequate to serve the proposed development and will not reduce existing capacity below that necessary to serve existing developments, or overload local facilities beyond design capacity.

(6)

The location and arrangement of structures, parking areas, walks, lighting and appurtenant facilities are compatible with the surrounding land uses, and any part of a proposed development not used for structures, parking and loading areas, or accessways is landscaped or otherwise improved.

(7)

The project area is adaptable to unified development and shall have within or through the area no physical features that will tend to destroy the neighborhood or community cohesiveness. There is no minimum project area for planned development.

(8)

The uses permitted in the development are necessary or desirable and the need for such uses is clearly demonstrated by the applicant.

(9)

The dominant land use of the proposed planned development is consistent with the recommendations of the village comprehensive plan for the area containing the project.

(10)

Any modifications of the standards and specifications of this chapter or other regulations that would otherwise be applicable to the site are warranted by the design of the development plan, and the amenities incorporated in it, and are not inconsistent with the public general welfare.

(11)

Exceptional landscaping features such as larger-caliper varied species and reduced spacing of trees and additional sodding above the minimum requirements specified in article 6, division 6 of this chapter are provided.

(12)

All proposed streets and driveways are adequate to serve the residents, occupants, visitors or other anticipated traffic of the planned development. Entrance points or locations of streets and driveways upon previously existing public roadways shall be subject to the approval of the village, and, if applicable, the county highway department and the state department of transportation. If traffic control devices are required to prevent or relieve hazards or congestion on adjacent streets and the proposed control device is not within the normal or scheduled sequence of installations, the village board may require, as a condition of approval of a proposed planned development, such devices to be provided at the developer's cost.

(13)

Off-street parking is conveniently accessible to all dwelling units and other uses in the planned development. Where appropriate, common driveways, parking areas, walks, and steps to parking and service areas are to be screened through ample use of trees, shrubs, hedges, land forms and walls.

(14)

A pedestrian circulation network is provided.

(15)

The planned development provides for underground installation of utilities (including electricity and telecommunications) in public ways and private extensions thereof. Provisions shall be made for acceptable design and construction of storm sewer facilities, including grading, gutters, piping and treatment of turf to handle stormwater and prevent erosion and the formation of dust. Utilities and maintenance of facilities shall be in accordance with the requirements and regulations of the village as set forth in chapter 62, pertaining to subdivisions.

(16)

The proposed planned development satisfies the applicable objectives as provided in section 82-242.

(17)

Existing ponds, creeks, rivers, lakes, wetlands or fens on or adjacent to the planned development are enhanced and protected from development.

(a)

Generally. No person shall develop a planned development on any parcel of land until a preliminary development plan shall have been reviewed and recommended by the plan commission and approved by the village board as set forth in this division. At the time the concept plan is approved, the zoning administrator may authorize the simultaneous filing of an application for preliminary and final development plan approvals without compliance with separate procedures in particular cases where the nature and scope of the proposed planned development does not require separate review procedures. All planned developments shall be processed and reviewed in four steps leading to approval for recording and construction: pre-application conference, concept plan, preliminary development plan, and final development plan. Prior to beginning the planned development review process, the applicant is encouraged to obtain from the village a copy of this chapter and application forms. Applications shall be made on forms supplied by the village and shall be made in accordance with the provisions of this article, except as specifically provided in this division to the contrary.

(b)

Preapplication conference. Before submitting an application for planned development, the applicant shall confer with the village staff to informally discuss the proposed planned development to obtain information and guidance before entering into binding commitments or incurring substantial expense.

(c)

Review of concept plan.

(1)

Village staff review. Within five business days after receipt of an application, the zoning administrator shall determine the completeness of the application and shall notify the applicant in writing that the application has or has not been accepted for review. If the application is determined to be incomplete, the zoning administrator shall include in his written notice the reasons why the application is not complete and how the applicant can make the application acceptable for submission and distribution. Only upon receipt of a complete application shall the zoning administrator distribute copies of the application and supporting documents to such village staff, consultants, and outside agencies as deemed appropriate for review and comment concerning compliance with village development goals and requirements. Within 14 days of receipt of the complete application, the zoning administrator shall advise the applicant, in writing, that the concept plan conforms or fails to conform to the requirements of the village comprehensive plan, this chapter, or other provisions of this Code. If the concept plan fails to conform, the zoning administrator shall specify the reasons the concept plan fails to satisfy the village's development goals and requirements.

(2)

Plan commission review. Upon receipt of all the material required by subsection 82-246(b) for the concept plan, the zoning administrator shall circulate the concept plan to the plan commission. The plan commission shall place the matter on its agenda and shall serve notice upon the applicant of the time and place of its meeting at which the matter will be discussed. The plan commission shall forward its written report to the village board recommending approval or disapproval of the concept plan within 60 days from the date of the filing of a complete application. If the recommendation is to disapprove, the report shall set forth the reasons for its disapproval and specify with particularity the aspects in which the proposed concept plan fails to satisfy the village's development goals and requirements.

(3)

Village board review. The village board, by resolution, shall accept or reject the concept plan within 30 days after its next regularly scheduled meeting following the date of action of the plan commission. If it rejects the plan, the resolution shall set forth the reasons for its disapproval and specify with particularity the aspects in which the proposed concept plan fails to satisfy the village's development goals and requirements.

(4)

Effect of approval by village board. Approval of the concept plan by the village board shall not obligate the village to approve the subsequent preliminary plat or plan, but shall be considered permission to prepare the preliminary plat or plan with detailed plans and specifications for the proposed subdivision or development.

(5)

Expiration. The approval of the concept plan shall be effective for no more than one year from the date of approval unless, upon written request by the applicant, the village board grant an extension of time for an additional one year.

(6)

Record of action. A certified copy of the resolution approving or disapproving the concept plan shall be filed in the office of the village clerk and shall be attached to the concept plan.

(d)

Review of preliminary development plan.

(1)

Village staff review. Upon receipt of a complete application, the zoning administrator shall distribute copies of the application and supporting documents to such village staff and consultants as appropriate for review and comment concerning compliance with village requirements. Within 14 days of receipt of the complete application, the zoning administrator shall advise the applicant, in writing, that the preliminary development plan conforms or fails to conform to the requirements of this chapter or other provisions of this Code. If the preliminary development plan fails to conform, the zoning administrator shall specify the reasons the preliminary development plan fails to satisfy the village's development goals and the requirements of this chapter.

(2)

Plan commission review. Upon receipt of all the material required under subsection 82-246(c) for the preliminary development plan and completion of the staff review, the plan commission shall, within 60 days of receiving a preliminary development plan, complete in all respects, hold a public hearing after due public notice and recommend to the village board the approval or denial of the proposed planned development. If the recommendation is to disapprove, the report shall set forth the findings of fact related to the specific proposal and shall set forth particularly in what respects the proposal would or would not be in the public interest, including, but not limited to, findings of fact on the following:

a.

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

b.

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

c.

The extent to which the proposed preliminary development plan meets the requirements and standards set forth in this division.

d.

The physical design of the proposed preliminary development plan and the manner in which the design does or does not make adequate control over vehicular traffic, provide for and protect designated planned open space and schools, and further the amenities of light and air, recreation and visual enjoyment.

e.

The preliminary development plan's conformity with the recommendations of the village comprehensive plan.

(3)

Village board review. The village board, by resolution, shall accept or reject the preliminary development plan within 30 days after its next regularly scheduled meeting following the date of action of the plan commission. If it rejects the plan, the resolution shall set forth the reasons for its disapproval and specify with particularity the aspects in which the proposed development plan fails to satisfy the village's development goals and the requirements of this chapter.

(4)

Effect of approval by village board. Approval of the preliminary development plan by the village board shall not qualify the plan for recording, but shall be considered permission to prepare the final development plan with detailed plans and specifications for the proposed development.

(5)

Expiration. Such preliminary approval shall be effective for no more than one year from the date of approval unless, upon written request by the applicant, the village board grants an extension of time for an additional one year.

(6)

Record of action. A certified copy of the resolution approving or disapproving the preliminary development plan shall be filed in the office of the village clerk and shall be attached to the preliminary development plan.

(7)

Recording of plats and issuance of building permits. No plats shall be recorded and no building permits shall be issued until a final development plan has been approved by the village board.

(e)

Review of final development plan.

(1)

Filing of final development plan. Within one year following the approval of the preliminary development plan, the applicant shall file with the village a final development plan for the first phase of development, containing in final form the information required in the preliminary plan.

(2)

Village staff review. Within five business days after receipt of an application, the zoning administrator shall determine the completeness of the application and shall notify the applicant, in writing, that the application has or has not been accepted for review. If the application is determined to be incomplete, the zoning administrator shall include in his written notice the reasons why the application is not complete and how the applicant can make the application acceptable for submission and distribution. Only upon receipt of a complete application shall the zoning administrator distribute copies of the application and supporting documents to such village staff, consultants, and outside agencies as deemed appropriate for review and comment concerning compliance with the approved preliminary development plan and the requirements for the final development plan and final subdivision plat. Within 14 days of receipt of the complete application, the zoning administrator shall advise the applicant, in writing, that the final development plan conforms or fails to conform to the requirements of this chapter or the approved preliminary development plan. If the final development plan fails to conform, the zoning administrator shall specify with particularity the manner in which the final development plan fails to conform.

(3)

Plan commission review. Upon completion of the village staff review of the final development plan, the plan commission shall place the matter on its agenda and serve notice upon the applicant of the time and place of its meeting at which the matter will be discussed. The plan commission shall forward its written report to the village board recommending approval or disapproval of the final development plan. If the recommendation is to disapprove, the report shall set forth the reasons for its disapproval, specifying with particularity the manner in which the proposed final development plan fails to conform to village requirements.

(4)

Action by village board. After receiving the final recommendation of the plan commission, the village board shall approve or disapprove the final development plan within 60 days from the date of the final recommendation by the plan commission unless the applicant and the village board agree to extend the 60-day period. If the final development plan is disapproved, the ordinance shall state the reasons for the disapproval, specifying with particularity the aspects in which the final plat or plan fails to conform to village requirements. The village board shall approve the final development plan if it is in conformance with the preliminary development plan and meets all the requirements for a final development plan. It shall adopt an appropriate ordinance granting the special use permit for the planned development.

(5)

Filing of ordinance; recording. A certified copy of the ordinance approving the final development plan shall be filed in the office of the village clerk attached to the final development plan. The final subdivision plat or development plan, together with all covenants and restrictions, shall be promptly recorded by the village clerk with the county recorder's office. A copy thereof, bearing the certificate of the recorder that the plat/plan has been recorded in his office and that the copy is a true and correct copy of the plat/plan so recorded, shall be promptly thereafter filed in the village clerk's office. All recording fees shall be paid by the applicant.

a.

A final land use plan, suitable for recording with the county recorder of deeds. The purpose of the final development plan is to designate the land subdivided into lots as well as the division of other lands not so treated into planned open area and building areas, and to designate and limit the specific internal uses of each building or structure, as well as of the land in general.

b.

If subdivided lands are included in the planned development, a subdivision plat of all subdivided lands in the same form and meeting all the requirements of a subdivision plat.

c.

An accurate legal description of each separate unsubdivided use area, including planned open space.

d.

Designation of the location of all buildings to be constructed, and a designation of the uses for which each building is designated.

e.

Final agreements, bylaws, provisions or covenants which govern the use, maintenance and continued protection of the planned development and any of its planned open space or other facilities conveyed to a homeowners' association or similar organization.

f.

Final development and construction schedule.

g.

Final architectural elevations for all structures and amenities, such as fences and walls, street furniture, and the like.

(f)

Combined preliminary and final development plan. The village may consider a combined application for preliminary and final development plan approval. In such instance the final development plan shall include all of the information required of a preliminary development plan and a final development plan.

(a)

Generally. Any person proposing to develop a planned development shall file with the zoning administrator the appropriate applications in the quantity and form as required by the zoning administrator.

(b)

Contents of concept plan. The concept plan shall include the following:

(1)

General information.

a.

The name of the proposed subdivision.

b.

A location map showing its location in the village.

c.

Acreage and zoning classification of the proposed subdivision and the number of lots.

d.

The names and addresses of adjoining property owners, and the zoning classifications of adjacent property.

e.

The name, address and telephone number of the owner, developer, engineer, and any other contact person.

f.

A north arrow and scale. The recommended scale is one inch equal to 100 feet.

(2)

Existing conditions. The following conditions, if found to exist on the parcel and on all adjacent land within 100 feet of the boundaries of the subject property, shall be shown on an existing conditions exhibit, which shall be a separate drawing from the preliminary plat:

a.

The location, width and names of all streets within or adjacent to the parcel together with easements, public utility and railroad rights-of-way, and other important features such as adjacent lot lines, municipal boundary lines, section lines, corners and monuments.

b.

The location of all existing structures, showing those that will remain on the parcel after the final plat is recorded.

c.

Topographic data, including contour lines at vertical intervals of not more than two feet with reference to USGS datum or at a more frequent interval if required by the zoning administrator for land having unusual topography.

d.

The location and direction of all seeps, springs, flowings and wells; lakes, ponds, wetlands and any detention basins showing their normal shorelines, flood limits and lines of inflow and outflow, if any; and watercourses and the location of all areas subject to flooding, including the flow lines of streams and channels showing their normal shorelines and the 100-year floodplain and floodway limits certified by either the Illinois State Water Survey, the state department of transportation, the Army Corps of Engineers, or the National Flood Insurance Program maps.

e.

Natural features such as rock outcroppings, wooded areas, and trees greater than six inches in diameter as measured at breast height.

f.

The location and size of existing sanitary and storm sewers, water mains, culverts, drain pipes, catchbasins, manholes, and hydrants within the parcel and in adjacent streets or rights-of-way, and fire flow information from the proposed source.

g.

Present uses of the subject property, including the location of all existing structures, showing those that will be removed and those that will remain on the subject property after the development is complete.

h.

The location on and within 100 feet of the subject property of all property lines, easements of record; the uses, zoning and ownership of all parcels; railroads, bridges, culverts, storm sewers, sanitary sewers, water mains, and detention/retention facilities, also indicating surface and invert grade elevations of catchbasins, manholes, culverts and fire hydrants; existing buildings and their uses and their future disposition; buried structures; and the location of significant natural features and areas of likely archaeological significance or habitat for endangered flora and fauna species.

i.

The location and elevation of any floodplain as shown on the Federal Emergency Management Administration's flood boundary and floodway maps.

j.

The approximate location of all existing land uses, structures, facilities and wooded areas on the subject property proposed to be retained or demolished on and within 100 feet of the property.

(3)

Proposed development and improvements.

a.

Arrangement of proposed lots, parks, and common areas.

b.

Proposed location and width of street rights-of-way, street pavement, and alleys, and their relationship to the existing adjacent street system.

c.

Proposed location and size of sanitary sewers, storm sewers, water mains, and detention areas, and their relationship to existing public utilities.

It is advisable that the applicant contact other agencies, as appropriate, to obtain their requirements that may affect the proposed subdivision. Such agencies include the state department of transportation c/o the district engineer, the county highway department, the state water resources division (DNR), the state environmental protection agency, the state historic preservation agency, the state department of natural resources, and local public utility companies. The concept plan shall contain such information as suggested by the zoning administrator in order to delineate, explain or convey the concept of the proposed planned development.

(c)

Contents of preliminary development plan. Any person proposing a planned development on any parcel of land shall file with the zoning administrator a preliminary development plan in a quantity and form as required by the zoning administrator. The preliminary development plan shall include the following:

(1)

General information. The following general information, where applicable, shall be shown on the preliminary development plan:

a.

The name of the proposed development.

b.

Date of preparation, north arrow, and graphic scale of the drawing, which shall be no less than one inch equals 200 feet for areas over 100 acres and one inch equals 100 feet for areas under 100 acres.

c.

An identification clearly stating that the map is a preliminary development plan.

d.

Legal description of the parcel.

e.

The name and address of the record owner, the applicant, the surveyor, and the licensed professional engineer, land planner, or architect who prepared the plat or development plan.

f.

A vicinity map showing the general location of the parcel within the village and environs.

g.

A completed application form signed by the owner of the land to be developed, and the required application fees.

h.

The name and address of the owners of record of all adjacent parcels.

i.

A table of development data indicating the number of lots, the total acreage of the property stated in hundredths of an acre, the acreage of any public open spaces, the acreage of all rights-of-way, the minimum lot size stated in square feet, the average lot size, and the existing and proposed zoning.

(2)

Existing conditions. The following conditions, if found to exist on the parcel and on all adjacent land within 100 feet of the boundaries of the subject property, shall be shown on an existing conditions exhibit, which shall be a separate drawing from the preliminary development plan:

a.

The location, width and names of all streets within or adjacent the parcel together with easements, public utility and railroad rights-of-way, and other important features such as adjacent lot lines, municipal boundary lines, section lines, corners and monuments.

b.

The location of all existing structures, showing those that will remain on the parcel after the final plat is recorded.

c.

Topographic data, including contour lines at vertical intervals of not more than two feet with reference to USGS datum or at a more frequent interval if required by the zoning administrator for land having unusual topography.

d.

The location and direction of all rivers, seeps, springs, flowings and wells; lakes, ponds, wetlands and any detention basins showing their normal shorelines, flood limits and lines of inflow and outflow, if any; and watercourses and the location of all areas subject to flooding, including the flow lines of rivers, streams and channels showing their normal shorelines and the 100-year floodplain and floodway limits certified by either the Illinois State Water Survey, the state department of transportation, the Army Corps of Engineers, or the National Flood Insurance Rate Program.

e.

Natural features such as rock outcroppings, wooded areas, and trees greater than six inches in diameter as measured at breast height.

f.

A map showing the location, size, material, and condition of all agriculture drain tile and laterals on the property. To determine this, an investigation shall be conducted making rational assumptions as to where tiles are typically located based on the topography of the site. A slit trench by backhoe or tractor shall be a minimum of three feet wide, five feet deep and six feet in length. To fully map field tile locations, slit trench excavation and field staking should occur at a minimum 100-foot intervals with confirmation of the route between each interval through the use of additional slit trench, hand probes, or electronic location devices.

g.

The location and size of existing sanitary and storm sewers, water mains, culverts, drain pipes, catchbasins, manholes, and hydrants within the parcel and in adjacent streets or rights-of-way, and fire flow information from the proposed source.

h.

Zoning classifications of the subject property and of adjacent lands.

i.

Present uses of the subject property, including the location of all existing structures, indicating which structures will be removed and which will remain on the subject property after the development is complete.

j.

The location on and within 100 feet of the subject property of all property lines and easements of record; the uses, zoning and ownership of all parcels; railroads, bridges, culverts, storm sewers, sanitary sewers, water mains, detention/retention facilities, also indicating surface and invert grade elevations of catchbasins, manholes, culverts and fire hydrants; existing buildings and their uses and foundation elevations and their future disposition; buried structures; and the location of significant natural features and areas of likely archaeological significance or habitat for endangered flora and fauna species.

k.

The location and elevation of any floodplain as shown on the Federal Emergency Management Administration's flood boundary and floodway maps.

l.

A copy of the wetland delineation report.

m.

The locations of existing monuments or survey markers on or adjacent to the subject property.

n.

The location and description of all other existing improvements, including, but not limited to, culverts, towers, poles, and other aboveground and underground utilities.

(3)

Proposed improvements. The following improvements, if proposed or required, shall be shown on the plat or in supporting documents:

a.

The location, dimensions and names of all proposed street and alley rights-of-way. The preliminary plat or development plan shall show the relationship between existing and proposed streets.

b.

Lots showing approximate dimensions, minimum lot sizes and proposed lot numbers.

c.

Sites to be dedicated for school, park, playground or other public purposes, together with the appropriate acreage of each.

d.

Proposed building setback lines with dimensions.

e.

If the proposed subdivision will be constructed in phases, the limits and location of proposed units.

f.

The location, dimensions and area (in square feet) of all proposed lots.

g.

Lot and block numbers, clearly shown.

h.

The location, dimension and purpose of all proposed easements.

(4)

Supporting data. The following supporting data shall be submitted in separate statements and/or maps accompanying the preliminary development plan, or, if practical, such data may be shown on the preliminary development plan:

a.

Proof of ownership of the parcel and the applicant's interest therein, including the names of all parties with beneficial interest in trusts and options to purchase.

b.

Existing or proposed annexation agreements that pertain to the parcel.

c.

A list of all lot sizes.

d.

Text of proposed covenants and conditions restricting or controlling use of the subject property.

e.

A copy of the natural resources opinion report from the county soil and water conservation district.

f.

A copy of the state department of natural resources' Endangered Species Consultation application.

g.

A comprehensive drainage plan with analysis of the impact that the development creates on the site and on the surrounding area.

h.

Proposed agreements, bylaws, provisions or covenants which govern the use, maintenance and continued protection of the subdivision and any of its planned open spaces or other facilities as may be required.

i.

A traffic impact study if required by the village board after receiving a recommendation from the village engineer.

j.

The results of any tests made to ascertain subsurface rock and soil conditions and characteristics, and the seasonal water table.

k.

An executed copy of the preliminary development plan checklist indicating all of the items provided on the preliminary plat or in the supporting documents submitted.

(5)

Preliminary engineering report. A preliminary engineering report shall be submitted along with the preliminary development plan to provide supplemental engineering data regarding factors that will affect the final design of the development. The preliminary engineering report may be a separate drawing. Items to be addressed specifically in the preliminary engineering report include:

a.

A comprehensive stormwater management plan for the land to be subdivided, including the general alignments of the proposed storm sewer system, points of connection of existing storm sewer systems, detention (or retention), stage/storage relationship of the discharge structure to identify the varying release rates due to inlet and outlet control, off-site areas of contribution, points at which off-site flows will be intercepted, and all the necessary maps, computations and field data supporting the engineer's stormwater management plan. The proposed stormwater management plan shall identify an overland flow route to accommodate flows in excess of storm sewer design level.

b.

The location, normal and high-water elevations, and outflow of proposed stormwater management facilities.

c.

Proposed site grading, and a statement that the developer will provide such temporary facilities during construction as are necessary or required to prevent soil erosion or the siltation of watercourses, and that adequate measures will be taken during construction for dust control. The developer shall also agree to clean and restore streams, ditches or watercourses of any kind if protective measures prove inadequate.

d.

Location and description of all existing and proposed sanitary and storm sewers, water mains, wells, lift stations, and culverts along with an appropriate schedule of calculations supporting the quantity of flow, sewer sizing and grades, as well as population equivalent for the subdivision in its developed state.

e.

The location, size and inverts of all existing and proposed storm sewers, bridges, culverts, drain tiles, drainageways, ditches, creeks or rivers on the site, or within 100 feet of the site.

f.

The location and size of existing and proposed water mains to be installed within the proposed subdivision, along with general hydrant and valve spacing.

g.

When a lift station is required, supporting documentation regarding its size (gpm), pumping heads (TDH), and force main size, general description of the control system, description of the alternate power source, and the location and accessibility of the station.

h.

The structural design (thickness and material types) to be used for the construction of the roadway system. Projected traffic volumes, soils data and IBR values shall be submitted to support the roadway design, including widths, crown, thickness, and type of curb and gutter. This information and data can be represented by a typical section for each street type to be constructed.

i.

The size, dimensions and location of miscellaneous items such as parkway trees, streetlights, sidewalks, bikepaths and driveway approaches, which shall be identified in the report and shown in typical section and/or typical plan view drawings.

The applicant shall provide in a form acceptable to the village a performance bond of 150 percent of the estimated cost of construction of the improvements.

(6)

Additional requirements. In addition to the foregoing, the preliminary development plan shall provide the following additional items:

a.

A plot plan for each building site and planned open area, showing the approximate location of all buildings, structures, and improvements and indicating the open space around the buildings and structures.

b.

A preliminary drawing indicating the architectural character of all proposed structures and improvements. The drawings need not to be the result of final architectural decisions and need not be in detail.

c.

A development schedule indicating:

1.

The approximate date when construction of the project can be expected to begin;

2.

The stages in which the project will be built and the date when construction of each stage can be expected to begin;

3.

The date when the development of each of the stages will be completed; and

4.

The area and locations of planned open space that will be provided at each stage.

d.

Proposed agreements, bylaws, provisions or covenants which govern the use, maintenance and continued protection of the planned development and any of its planned open space or other facilities.

e.

A list of all departures from the district regulations and the subdivision design standards which will be necessary for the proposed planned development.

f.

A statement by the applicant demonstrating how the planned development conforms with the purpose and the standards and criteria of this division.

g.

If the plan commission finds that the planned development requires further in-depth review, the following information may be required:

1.

A circulation diagram indicating the proposed movement of vehicles, goods and pedestrians within the development to and from existing village thoroughfares.

2.

A comprehensive drainage plan with analysis of the impact that the development creates on the site and on the surrounding area.

(7)

Approval certificate. The following certificate shall be shown in the lower righthand corner of the preliminary plat:

APPROVAL OF PRELIMINARY DEVELOPMENT PLAN

The preliminary development plan shown hereon has received approval by the Village Board of the Village of Hillcrest, Illinois, and upon compliance by the developer with the requirements or qualifications governing the approval of the preliminary development plan and with other revisions and stipulations that may be required, the Village Board will receive the final development plan for consideration when submitted by the developer in such form and with in such time as required by chapter 82 of the Village Code, and approved by the Plan Commission.

The Village Board of the Village of Hillcrest, Illinois.

(8)

Copies. The applicant shall submit copies of each plat, plan, map and supporting document required by this section in a number prescribed by the zoning administrator. All drawings, plans and reports submitted to the village shall be folded to approximately nine inches by 12 inches.

(d)

Contents of the final development plan/plat. The final development plan shall also include all items required for a final subdivision plat and final engineering as required in chapter 62, pertaining to subdivisions. The final development plan may include all or only part of the approved preliminary development plan. The final development plan/plat shall include the following:

(1)

General information. The following general information, where applicable, shall be shown on the final development plan:

a.

The date of preparation, north point, and a graphic scale shall be shown. The scale of the drawing shall be no less than one inch equals 200 feet for areas over 100 acres and one inch equals 100 feet for areas under 100 acres. The final development plan shall be drawn with a waterproof, non-fading black ink on mylar or equivalent drafting material no more than 24 inches by 36 inches in size. When more than one sheet is used for any plat/plan, each sheet must be numbered consecutively. A small scale drawing of the subdivision or development shall be shown on the first sheet, identifying portions of the subdivision according to its respective sheet number. The subdivider/developer shall provide the plat/plan in a digital format acceptable to the village.

b.

The legal description of the parcel, the parcel's acreage and property index numbers shall be included. The legal description should note that the parcel is in the Village of Hillcrest, Illinois.

c.

The name and address of the Illinois registered surveyor who prepared the plat, with his seal affixed, shall be included.

d.

Reference points of existing surveys identified and/or related to the plat by distances and bearing, and reference to a field book or map, shall be shown, as follows:

1.

All stakes, monuments or other evidence found on the ground and used to determine the boundaries of the parcel shall be shown.

2.

Adjoining corners of all adjoining parcels shall be shown.

3.

When the village has established the centerline of the street adjacent to or within the proposed parcel, the location of such centerline and monument found or reset shall be shown.

4.

All other monuments found or established in making the survey of the parcel or required to be installed by the provisions of this chapter or by an Act revising the law of plats, 765 ILCS 205/0.01 et seq.

5.

All property corners will be staked. A minimum of two major corners of the subdivision shall be monumented with stone or concrete markers.

e.

Lot and block lines with dimensions, bearings or deflection angles, and radii, arcs, points of curvature and tangent bearings shall be shown. Sufficient geometrical data shall be given for all lots to enable retracement and restoration of all corner positions in the field.

f.

All distances shall be shown to the nearest hundredth foot. No ditto marks shall be used. Angles shall be expressed in degrees, minutes and seconds.

g.

The width of the portion of any streets being dedicated and the width of any existing rights-of-way shall all be shown on each side of the centerline.

h.

All curve data shall consist of radius, degree of curve, tangent length, and central angle.

i.

All easements shall be denoted by fine dotted lines, clearly identified, and, if already of record, the recorder's references to such easement. The width of the easement, its length and bearing, and sufficient ties to locate it definitely with respect to the plat must be shown. If an easement is not precisely located of record, a description of such easement shall be included. If the easement is being dedicated by the map, it shall be properly referenced in the owner's certificate for identification.

j.

Lot and block numbers beginning with the number "1," and numbered consecutively, shall be shown.

k.

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

l.

The name of each street shown on the plat shall be shown.

m.

The name of the subdivision shall be shown.

n.

Grantees of all lands dedicated for public use, except roads, shall be clearly noted.

o.

Abutting highway and road right-of-way lines and adjacent subdivisions shall be shown in their proper location.

p.

If the subdivision borders on a lake or stream, the distances and directions of a meander line established not less than 20 feet back from the average high-water mark of the lake or stream shall be shown, as determined from flood hazard maps or other data, with such distances noted.

q.

All restrictions which will run with the land and covenants, or references to covenants where declared separately, shall be included.

r.

The following certificates shall be included. All signatures shall be no more than 90 days old.

1.

Surveyor's certificate.

This is to certify that I, ____________ , an Illinois Professional Land Surveyor, have surveyed, subdivided and platted for the owners thereof the following described property:

(Legal Description)

…containing ____________ . ____________ acres more or less.

I further certify that iron stakes have been set at all lot corners, points of curvature and tangency, except where concrete monuments are indicated, and that the plat hereon drawn correctly represents said survey and subdivision. All dimensions are given in feet and decimal parts thereof.

I further certify that the foregoing property falls within the corporate limits of the Village of Hillcrest, and I further certify that no part of said property is situated within a flood hazard area, as per National Flood Insurance Program, Flood Insurance Rate Map, Community Panel Number ____________ , effective date ;daterule;.

Dated at ____________ , Illinois, this ____________ day of ____________ , 20 ____________ .

(SURVEYOR COMPANY NAME)

ILLINOIS LAND SURVEYOR NO. ____________

2.

Owner's certificate.

This is to certify that ____________ is the owner of the land described in the foregoing Surveyor's Certificate and has caused the same to be surveyed, subdivided and platted as shown on the annexed plat for the uses and purposes therein set forth as allowed and provided by statute, the subdivision to be known as " ____________ ," Village of Hillcrest, Ogle County, Illinois, and does hereby acknowledge and adopt same under the aforesaid style and title.

Dated this ____________ day of ____________ , 20 ____________ .

3.

Notary certificate.

I, ____________ , a notary public in and for the aforesaid State and County do hereby certify that ____________ ____________ , personally known to me to be the same person(s), whose name(s) is (are) subscribed to the foregoing certificate as such owner(s), appeared before me this day in person and acknowledged the execution of the annexed plat and accompanying instruments for the uses and purposes therein set forth as his (their) own free and voluntary act.

Given under my hand and Notarial Seal this ____________ day of ____________ , 20 ____________ .

4.

County clerk certificate.

I, ____________ , County Clerk of Ogle County, Illinois, do hereby certify that there are no delinquent general taxes, no unpaid current taxes or special assessments, no unpaid forfeited taxes, and no redeemable tax sales against any of the land included in this plat. I further certify that I have received all statutory fees in connection with the plat.

Given under my name and seal of the County Clerk this ____________ day of ____________ , 20 ____________ .

5.

Recorder certificate.

This instrument No. ____________ , was filed for record in the Recorder's Office of Ogle County, Illinois, on the ____________ day of ____________ , 20 ____________ , at ____________ o'clock ;#rule.m.

6.

Surface water certificate (grading plan only).

We hereby certify that the topographical and profile studies required by the Illinois Plat Act, Illinois Compiled Statutes as now or hereafter amended, have been filed with the Village of Hillcrest, Ogle County, Illinois, and to the best of our knowledge and belief the drainage or surface waters will not be changed by the construction of such subdivision or any part thereof, or, that if such surface water drainage will be changed, reasonable provision has been made for collection and diversion of such surface waters into public areas, or drains which the subdivider has a right to use, and that such surface waters will be planned for in accordance with generally accepted engineering practices so as to reduce the likelihood of damage to adjoining properties because of the construction of the subdivision.

Dated this ____________ day of ____________ , 20 ____________ .

7.

Plan commission certificate.

Reviewed by the Plan Commission of the Village of Hillcrest this ____________ day of ____________ , 20 ____________ .

8.

Village board certificate.

Plat approved by the Village Board of the Village of Hillcrest this ____________ day of ____________ , 20 ____________

9.

Village treasurer certificate.

I, ____________ , Treasurer for the Village of Hillcrest, Ogle County, Illinois, do hereby certify that there are no delinquent or unpaid current or forfeited special assessments or any deferred installments thereof that have been apportioned against the tract of land included on this plat.

Dated this ____________ day of ____________ , 20 ____________ .

10.

County highway certificate. (Required when planned development or subdivision is adjacent to a county highway.)

This plat has been approved by the Ogle County Highway Department with respect to access to County Highway No. ____________ , also known as (Street Name) , pursuant to Illinois Compiled Statutes however, a highway permit for access is required of the owner of the property prior to construction within the County right-of-way.

Dated this ____________ day of ____________ , 20 ____________

11.

State department of transportation certificate. (Required for subdivisions adjacent to a state highway.)

Approved this ____________ day of ____________ , 20 ____________ , as to roadway access to State Highway No. ____________ , also known as ____________ .

12.

Village utility easements.

A perpetual easement appurtenant is hereby granted to the Village of Hillcrest, Ogle County, Illinois, its successors and assigns, over, upon, across, through and under those portions of the above described real estate designated Public Utility Easement on this plat for the purpose of installing, laying, constructing, operating, maintaining, repairing, renewing, and replacing water mains, and sanitary sewer lines, storm sewer lines, streetlight cable, and any other Village utilities, together with all appurtenant structures, including, but not limited to, manholes, wet wells, lift stations, fire hydrants, valve vaults, and any and all other fixtures and equipment required for the purpose of serving the above described real estate with water service, sanitary sewer service, stormwater collection, street lighting, and other municipal services and for the purpose of providing ingress and egress from the property shown hereon for emergency vehicles of any and all types whatsoever. In no event shall any permanent building be placed upon said easement areas, but they may be used for gardens, shrubs, landscaping and such other purposes that do not, and will not in the future, interfere unreasonably with easement rights herein granted to the Village of Hillcrest.

13.

Drainage easements.

A permanent nonexclusive easement is hereby reserved for and granted to the Village of Hillcrest (hereinafter "the Grantee"), and to its successors and assigns in, upon, across, over, under and through the areas shown by dashed lines and labeled "Drainage Easement" on this plat of subdivision, or where otherwise noted in the above legend for the purpose of installing, constructing, inspecting, operating, replacing, renewing, altering, enlarging, removing, repairing, cleaning, and maintaining storm sewers, drainageways, stormwater detention and retention facilities, subsurface drainage systems and appurtenances, and any and all manholes, pipes, connections, catchbasins, and without limitations, such other installations as the Grantee may deem necessary, together with the right of access across the real estate platted hereon for the necessary personnel and equipment to do any or all of the above work.

In furtherance of the foregoing affirmative rights, the following covenants shall run with said land in perpetuity:

i.

No permanent buildings shall be placed on said drainage easements;

ii.

No trees or shrubs shall be placed on said drainage easement, but the premises may be used for landscaping, and other purposes that do not then or later interfere with the aforesaid uses and rights;

iii.

There shall be no dredged or fill material placed upon said drainage easement; and

iv.

Fences shall not be erected upon said drainage easements in any way which will restrict the uses herein granted.

The right is also hereby granted to the Grantee to remove any buildings or structures, to cut down, trim or remove any trees, fences, shrubs or other plants that interfere with the operation of or access to such drainage facilities in, on, upon, across, under or through said drainage easements.

The Grantee shall not be responsible for replacement of any such buildings, structures, improvements, fences, gardens, shrubs or landscaping removed during exercise of the herein given rights. Replacement of items so removed shall be the responsibility of the then lot owner.

Where drainage easements are also used for electric, telephone, cable television, or natural gas distribution systems or components, such other utility installations shall be subject to the prior approval of the village so as not to interfere with the maintenance of gravity flow and stabilization of vegetation ground cover on the above-mentioned drainage facilities.

(2)

Supporting data. The following supporting data, where applicable, shall be supplied in separate statements or maps, or, if practical, may be shown on the final development plan:

a.

A note on the plat/plan stating that village ordinances supersede any private covenants and restrictions.

b.

A certificate signed and acknowledged by all parties having any interest in the land, dedicating all parcels of land intended for any public use.

c.

Letter of permission from the surveyor to record the plat or plan.

(3)

Guarantees. The applicant shall provide in a form acceptable to the village a public improvement guarantee equal to 150 percent of the estimated cost of construction of the improvements approved by the village engineer, in a form acceptable to the village board.

(4)

Additional requirements. The final development plan shall also include the following items:

a.

A final land use plan, suitable for recording with the county recorder of deeds. The purpose of the final development plan is to designate the land subdivided into lots as well as the division of other lands not so treated into planned open area and building areas, and to designate and limit the specific internal uses of each building or structure, as well as of the land in general.

b.

If subdivided lands are included in the planned development, a subdivision plat of all subdivided lands in the same form and meeting all the requirements of a subdivision plat.

c.

An accurate legal description of each separate unsubdivided use area, including planned open space.

d.

Designation of the location of all buildings to be constructed, and a designation of the uses for which each building is designated.

e.

Final agreements, bylaws, provisions or covenants which govern the use, maintenance and continued protection of the planned development and any of its planned open space or other facilities conveyed to a homeowners' association or similar organization.

f.

Final development and construction schedule.

g.

Final architectural elevations for all structures and amenities, such as fences and walls, street furniture, and the like.

(e)

Approval of final development plan. The final development plan shall be approved as follows:

(1)

The plan commission shall, within 30 days of receiving a final development plan application, recommend approval if it is in substantial compliance with the preliminary development plan. The plan commission shall certify to the village board that the final development plan is in conformity with the previously filed preliminary development plan and meets all the requirements for a final development plan.

(2)

If the plan commission finds that the final development plan does not substantially conform to the preliminary development plan or that it does not meet the requirements for a final development plan, it shall so notify the applicant and the village board in writing within 30 days of receipt of a completed final development plan.

(3)

The village board shall approve the final development plan if it is in conformance with the preliminary development plan and meets all the requirements for a final development plan. It shall pass an appropriate ordinance granting the special use permit.

(f)

Combined preliminary and final development plan. The village may consider a combined application for preliminary and final development plan approval. In such instance the final development plan shall include all of the information required of a preliminary development plan and a final development plan.

(a)

Failure to begin development. If no substantial construction has begun or no use established in the planned development within the time stated in the approved final development plan and construction schedule, the special use permit for the planned development shall lapse upon written notice to the applicant from the village board and shall be of no further effect. The land use and development regulations applicable before the special use permit for planned development was approved shall then be in effect. In its discretion and for good cause, the village board may extend, for a reasonable time, not to exceed one year, the period from the beginning of construction or the establishment of a use, provided such extension is granted during the original period.

(b)

Issuance of permits and certificates.

(1)

The zoning administrator shall approve the issuance of permits for site or building construction for that part of the development plan that has been approved in the area covered by the approved final development plan for work in conformity with the approved final development plan and with all other applicable ordinances and regulations.

(2)

A certificate of occupancy for any completed building or structure located in an area covered by the approved final development plan shall be issued if the completed building or structure conforms to the requirements of the approved final development plan and all other applicable regulations and ordinances of the village. The village reserves the right to deny approval of an occupancy permit for any building or structure shown on the final development plan of any stage of the planned development if any planned open space or public facilities allocated to that stage of the development have not been conveyed by dedication, deed or other means to the proper authorities.

(c)

Enforcement of development schedule.

(1)

The zoning administrator shall periodically review all permits issued for the planned development, examine all construction that has taken place on the planned development site, and compare actual development with the approved development schedule.

(2)

If the zoning administrator shall find that the owners of the property in the planned development area have failed to meet the approved development schedule, or that the rate of construction of dwelling units is greater than the rate at which planned open space and public and recreational facilities have been constructed and provided, the zoning administrator shall notify the plan commission and village board in writing.

(3)

Within 30 days of such notice, the village board shall either revoke the special use permit, and the land shall revert to its former classification, or, for good cause shown by the landowner, the limits of the development schedule shall be extended for a reasonable time.

(d)

Amendments to final development plan. No changes may be made to the approved final development plan during the construction of the planned development except upon the application to the appropriate agency under the following procedures:

(1)

Minor changes in the location, siting and height of buildings and structures may be authorized by the plan commission if required by engineering or other circumstances not foreseen at the time the final development plan was approved. No change authorized by this section may increase the cube of any building or structure by more than ten percent.

(2)

All other changes, in time schedule and in use, any rearrangement of lots, blocks and building tracts, any changes in the provision of planned open space and all other changes in the approved final development plan shall be made by the village board, upon recommendation of the plan commission, under the procedure authorized by this chapter for approval of the special use permit.

(3)

Any changes approved shall be recorded as amendments to the recorded copy of the final development plan.

(e)

Post-completion regulations.

(1)

Upon completion of the planned development, and as a condition of the village's acceptance of the final public improvements, the zoning administrator shall certify that the planned development has been completed in accordance with the approved final development plan.

(2)

After the certification has been issued, the uses of land and construction, modification or alteration of any buildings or structures within the planned development shall be governed by any other provision of this chapter.

(3)

After the certification has been issued, no changes may be made in the approved final development plan except upon application to the village under the procedures for seeking changes or amendments, special uses and variations with respect to this chapter.

(a)

Authorization. The zoning board of appeals may recommend and the village board may authorize such variations from the terms of this chapter as are set forth in this section in harmony with their purpose and intent as will not be contrary to the public interest. Variations may be authorized only on the specific instances enumerated in subsection (d) of this section and then only when the zoning board of appeals or village board has made findings of fact, based upon the standards set out in subsection (e) of this section, that owing to special conditions a literal enforcement of the provisions of this chapter will, in an individual case, result in practical difficulties or particular hardship for the owner, lessee or occupant of land or a structure.

(b)

Application. An application for a variation shall be filed with the zoning administrator who, shall forward without delay a copy to the zoning board of appeals for variations governed by subsection (d)(2) of this section. The application shall contain the following information as well as such additional information as may be prescribed by rule of the zoning board of appeals or village board:

(1)

The particular requirements of this chapter that prevent the proposed use or construction;

(2)

The characteristics of the subject property that prevent compliance with the requirements of this chapter;

(3)

The reduction of the minimum requirements of this chapter which would be necessary to permit the proposed use or construction; and

(4)

The practical difficulty or particular hardship that would result if the particular requirements of this chapter were applied to the subject property.

(c)

Hearing and notice. No variation shall be recommended by the zoning board of appeals except after a public hearing, of which notification of time and place of hearing shall be provided. The required hearing shall be held within 30 days of receipt by the zoning administrator of the application for variation. The zoning board of appeals shall select a reasonable time and place for the hearing, all within the limitations imposed by subsection (e) of this section. Public notice of such hearing shall be published at least once, but not less than 15 days and not more than 30 days before such hearing, in one or more newspapers published in the village or, if no newspaper is published therein, then in one or more newspapers with a general circulation within the village. Such notice shall contain the date, time and place of the hearing, the street address or common description of the property involved, the legal description of the property involved and a brief description of the relief sought. Written notice shall be mailed to all owners of property abutting or lying across a street, railroad right-of-way, stream or river, or alley from the property subject to the variation request. Any party of interest may appear and be heard at the hearing in person, by agent, or by attorney.

(d)

Authorized variations.

(1)

The village board may grant variations from the regulations of this chapter upon recommendation by the zoning board of appeals or the plan commission after due notice and hearing as set forth in subsection (c) of this section and then only in accordance with the standards set out in subsection (e) of this section or division 4 of this article.

(2)

The zoning board of appeals may recommend that variations from the regulations of this chapter be granted, but only in accordance with the standards set out in subsection (e) of this section, and variations may be granted only in the following instances, and in no others:

a.

To vary the applicable lot area, lot width, and lot depth requirements, subject to the following limitations:

1.

The minimum lot width and lot depth requirements shall not be reduced more than 25 percent.

2.

The minimum lot area for a single-family or two-family dwelling shall not be reduced more than 20 percent.

3.

The minimum lot area per dwelling unit required for multiple-family dwellings shall not be reduced so as to permit more dwelling units than would be permitted by strict application of minimum lot area requirements.

b.

To vary the applicable bulk regulations, including maximum height, lot coverage, and floor area ratio and minimum yard requirements in article VI, division 2 and article VI, division 5 of this chapter.

c.

To vary the applicable off-street parking and off-street loading requirements contained in article VI, division 7 of this chapter, except those in the table of parking requirements in subsection 82-625(b).

d.

To vary the regulations relating to restoration of damaged or destroyed nonconforming structures contained in article III of this chapter.

e.

To vary the regulations relating to signs contained in article VI, division 8 of this chapter.

(3)

The plan commission may recommend that variations from the requirements of this chapter be granted, but only in accordance with the standards set forth in this division.

(e)

Standards for variations; conditions.

(1)

The regulations of this chapter shall not be varied unless the zoning board of appeals and village board shall make findings of fact based upon the evidence as presented that:

a.

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

b.

The proposed variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship which will result if the strict letter of the regulations were carried out and which is not generally applicable to property within the same district.

c.

The alleged hardship has not been directly created by any person presently having a proprietary interest in the premises.

d.

The proposed variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood.

e.

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

f.

The proposed variation will not alter the essential character of the locality.

g.

The proposed variation is in harmony with the spirit and intent of this chapter.

h.

The existence of any nonconformity anywhere in the village shall not itself be considered grounds for granting a variation for other property.

(2)

The zoning board of appeals, plan commission or village board may impose such conditions and restrictions upon the location, construction, design and use of the property benefited by a variation as may be necessary or appropriate to comply with the standards in subsection (1) of this subsection and to protect adjacent property and property values.

(f)

Findings of fact. No variations shall be recommended or granted unless the variation is granted by means of a conclusion or statement of relief granted, supported by findings of fact, which statement and findings shall be transmitted to the applicant not less than 35 days from the date for the decision thereon.

(1)

The findings of fact shall specify the reasons for making the variation, and shall refer to any exhibits containing plans and specifications for the proposed variation which have been made a part of the application or which were introduced at the public hearing as evidence. Such exhibits shall remain part of the permanent record of the board of appeals.

(2)

The terms of relief granted shall be specifically set forth in conclusions or statements separate from the findings of fact.

(g)

Recommendation by zoning board of appeals. The zoning board of appeals shall consider the variation request and shall recommend whether the variation should be granted. The zoning board of appeals shall transmit its findings of fact and recommendation to the village board within the time limitations established in subsection (f) of this section. However, the zoning board of appeals upon its own motion, or the applicant upon his own motion, may each extend the period of time provided for in the subsection (f) of this section for a period not to exceed 30 days per extension.

(h)

Action by village board. Within 30 days of receipt of the zoning board of appeal's recommendation, the village board shall approve, approve with modifications, or disapprove the variation request unless the period of time specified by subsection (f) of this section has been extended by the zoning board of appeals.

(i)

Notice of decision. All final orders, requirements, and decisions of the village board shall be in the form of an ordinance. A copy of the ordinance approving the variation shall be transmitted by the village clerk to the applicant within five business days of the final action of the village board.

(j)

Period of validity. No decision granting a variation shall be valid for a period longer than six months from the date of such decision unless:

(1)

An application for a zoning certificate is obtained within such period and construction, reconstruction, moving and remodeling is started; or

(2)

An occupancy certificate is obtained and a use is commenced.

The zoning board of appeals or the village board may grant additional extensions of time, not exceeding 180 days each, upon written application made within the initial six-month period without further notice or hearing, but the right to so extend the time shall not include the right to grant additional relief by expanding the scope of the variation. Nothing in this section shall limit or affect the validity of a variation granted under the terms of this section if the relief sought and obtained under this section does not require the issuance of a zoning or occupancy certificate or the commencement of use, construction, reconstruction, moving or remodeling.

An appeal to the zoning board of appeals may be made by any person or by any officer, department, board, or bureau aggrieved by a decision of the zoning administrator under this chapter in accordance with state law and the following:

(1)

Application procedure. An application for an appeal shall be filed with the zoning administrator within five 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 zoning board of appeals for processing. The zoning administrator shall forthwith transmit to the zoning board of appeals all the papers, plans and correspondence constituting the record upon which the action appealed from was taken.

(2)

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

(3)

Hearing and notice. The zoning board of appeals shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and decide the appeal within a reasonable time. The hearing shall be held within 30 days of receipt by the zoning administrator of the application for appeal. Any party of interest may appear and be heard at the hearing in person by agent, or by attorney.

(4)

Decision. The zoning board of appeals may affirm or may reverse, wholly or in part, or may modify the order, requirement, decision, or determination as in its opinion ought to be done or made on the premises, and to that end shall have all of the powers of the officer from which the appeal was taken.

(a)

Public hearing required. The regulations imposed and the districts covered by this chapter may be amended from time to time, but no such amendments shall be made until a public hearing has been held and a report and recommendation has been made thereon by the plan commission.

(b)

Report and recommendations by plan commission. Following a public hearing, the plan commission shall transmit within 30 days to the village board a report thereon containing its findings of fact and recommendations for action to be taken by the village board.

(c)

Action by village board. After receiving the recommendations and report of the plan commission, the village board shall within 30 days review the recommendations and report and may pass the proposed amendment without change, may reject it, or may recommit it to the plan commission for further consideration. When the plan commission does not recommend approval of the proposed change or amendment, such proposed change or amendment shall not be passed except upon favorable vote of two-thirds of all members of the village board.

(d)

Effect of denial. After a public hearing, no application for a proposed change or amendment which has been denied wholly or in part by the village board shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of substantial new evidence or proof of changed conditions found to be valid by the plan commission and village board.

(a)

Conformance with comprehensive plan. The comprehensive plan of the village board shall serve as the basic policy guide for the administration of this chapter. The comprehensive plan is a statement of goals and policies to guide new development and redevelopment in the village. It therefore is the intent of the village to administer this chapter in accordance with the comprehensive plan. The goals and policies of the comprehensive plan may be amended from time to time to meet the changing requirements of the village. Such amendments may at times be necessary to accommodate proposed development or redevelopment of property that may be inconsistent with the comprehensive plan. This section therefore establishes the procedures for amending the comprehensive plan.

(b)

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

(c)

Notification requirements. No hearing shall be held on an application unless at least 15 days' notice of the time and place of such hearing shall be published in an official paper of general circulation in the village.

(d)

Application.

(1)

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

(2)

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

(3)

Action by plan commission.

a.

The plan commission shall hold a public hearing on the proposed amendment.

b.

In considering the amendment, the plan commission shall review the proposed amendment, the standards set forth in subsection (d)(4) of this section, the report of the zoning administrator, and any oral and written comments received by the plan commission before or at the public hearing or otherwise made part of the record of the plan commission on the application. Based on this information, the plan commission shall submit, within a reasonable time, a report and recommendation to the village board on whether or not the proposed amendment should be adopted.

(4)

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

a.

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

b.

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

c.

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

d.

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

(5)

Action by village board. After receiving the recommendations and report of the plan commission, the village board shall, within 30 days, review the recommendations and report and may accept the findings and recommendations of the plan commission in whole or part or may reject them in whole or in part, or the village board may refer the matter back to the plan commission for further consideration. However, if the plan commission recommends against an amendment of the comprehensive plan, then it may be approved only upon the favorable two-thirds vote of all of the members of the village board.

(e)

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

(a)

Initiation of amendments. Amendments to the text of this chapter or the zoning map may be proposed in writing by the village board, by the plan commission, by any person having proprietary interest in property in the village, or by any interested citizen of the village.

(b)

Application, review and action.

(1)

Application for text amendment. Where an amendment to the text of this chapter is proposed by someone other than the plan commission or village board, an application requesting the amendment shall be filed with the zoning administrator. The application shall be in a form determined by the zoning administrator and shall include the section of this chapter to be amended and the proposed text.

(2)

Application for zoning map amendment. Every application for an amendment to the zoning map shall be accompanied by the following, in a number prescribed by the zoning administrator:

a.

The certificate of a registered architect or registered structural engineer licensed by the state, or of an owner-designer, that the proposed construction, remodeling, or reconstruction complies with all of the provisions of this chapter subject to the proposed amendment;

b.

A plat, in duplicate, of the piece or parcel of land, lots, blocks, or parts or portions thereof, drawn to scale, showing the actual dimensions of the subject property, according to the recorded plat of such land;

c.

A site plan, drawn to scale and in such form as may from time to time be prescribed by the zoning administrator, showing the location, ground area, height, and bulk of all present and proposed structures, drives and off-street parking and loading spaces, the building lines in relation to lot lines, waste disposal areas, the use to be made of such present and proposed structures on the land, and such other information as may be required by the zoning administrator for the proper enforcement of this chapter;

d.

A legal description of the subject property;

e.

Evidence of ownership of the subject property and, if the applicant is not the record owner of the subject property, written consent of the record owner to make such application;

f.

A description of the activity to be conducted in sufficient detail to enable the zoning administrator to determine that there will be compliance with all of the applicable standards of this chapter; and

g.

Certification of notice. The applicant shall furnish, at or before the time of hearing, a written statement certifying that he has complied with the requirements of this subsection. Attached to the written statement shall be a list of all property owners notified in accordance with the above, the returned notices that are undeliverable by the post office, a copy of the notice sent to each of the individuals therein specified, and an affidavit, witnessed by a notary public, that the sign was erected according to the requirements of this subsection.

(3)

Staff review. Upon receiving an application requesting an amendment, or upon an instruction from the village board or plan commission that it will consider a proposed amendment, the zoning administrator shall review the proposed amendment to evaluate its conformity with the comprehensive plan and this chapter. The zoning administrator may deliver copies of the proposed amendment to appropriate village departments and government agencies for review and comment. Prior to the scheduled public hearing, the zoning administrator shall deliver to the plan commission a written report incorporating or summarizing the comments of the zoning administrator, planning consultant, or village departments, and other agencies.

(4)

Action by plan commission.

a.

The plan commission shall hold a public hearing on the proposed amendment.

b.

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

(5)

Action by village board. After receiving the recommendations and report of the plan commission, the village board shall, within 30 days, review the recommendations and report and may accept the findings and recommendations of the plan commission in whole or part or may reject them in whole or in part, or the village board may refer the matter back to the plan commission for further consideration. However, if the plan commission recommends against an amendment of this chapter, then it may be approved only upon the favorable two-thirds vote of all of the members of the village board.

(c)

Notification requirements. No hearing shall be held on an application for a zoning amendment unless the applicant complies with the requirements of this subsection.

(1)

Published notice. At least 15 days' notice of the time and place of such hearing shall be published in an official paper of general circulation in the village.

(2)

Written notice.

a.

In addition to the notice requirements otherwise provided by law, an applicant for any public hearing required by this chapter shall, not less than 15 days and not more than 30 days prior to the date set for the public hearing, mail by certified or registered mail, return receipt requested, notice to the owners, as recorded in the office of the county recorder of deeds and as appears from the authentic tax records of the county, of all property within 250 feet in each direction of the property lines of the subject property for which the public hearing is requested; provided the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the 250-foot requirement.

b.

A copy of the notice with a copy of the list of names and addresses shall be mailed to the zoning administrator at the time notice is given to the adjoining property owners.

c.

The notices required in this subsection shall contain the address of the location for which the public hearing is requested, a brief statement of the nature of the request, the name and address of the legal and beneficial owner of the property, and time and date on which the hearing shall be held. If, after a bona fide effort to determine such ownership by the applicant, the owner cannot be found, the notice requirements of this subsection shall be deemed satisfied upon filing by the applicant of an affidavit evidencing the inability to serve such notice.

(3)

Notice by sign.

a.

An applicant for public hearing shall post a readable sign on each adjacent roadway in a number and location as determined by the zoning administrator, not less than 15 days prior to the date of the public hearing. Signs must be removed by the applicant no later than ten days after conclusion of the hearing.

b.

Each sign shall be double-faced and displayed such that each sign face is perpendicular to the adjoining roadway. The face of the signs required by this section shall be at least 18 inches in height and 24 inches in length. The signs shall contain the following message:

PUBLIC NOTICE
CONSIDERATION OF
ZONING CHANGE
ON THIS PROPERTY
CALL (815) 562-7770
FOR MORE INFORMATION

c.

The sign shall have a yellow background with black capital block letters. The sign shall meet all other requirements set forth by the village. All costs associated with preparing and displaying public hearing signs are to be borne by the applicant.

(d)

Protest against amendment. In case a written protest against any proposed amendment, signed and acknowledged by the owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered, is filed with the village clerk, the amendment shall not be passed except by a favorable vote of two-thirds of the village board. In such cases, a copy of the written protest shall be served upon the applicant for the proposed amendment and a copy upon the applicant's attorney, if any, by certified mail, at the address of such applicant and attorney shown in the application for the proposed amendment.