The administration of this ordinance is hereby vested in the:

11.1(1) Office of the zoning administrator;

11.1(2) Zoning board of appeals;

11.1(3) Plan commission; and

11.1(4) Board of trustees.

(Portions of this section to be placed in the Village Code.)

11.2(1) Creation. There is hereby established the office of zoning administrator who shall be appointed by the village president, with the consent of the board of trustees for a term to be determined by the village president and the board of trustees. The zoning administrator shall be a resident and a qualified voter in the village, and shall be a person who is capable of carrying out the duties established by this ordinance by virtue of training, education or experience. The residency and voting requirement, however, may be waived by the village board. He may be reappointed at the end of his term. The zoning administrator may be removed by the village president, subject to a resolution approved by the board of trustees.

11.2(2) Duties. The zoning administrator shall enforce and administer this ordinance, and in addition thereto and in furtherance of said authority he shall:

11.2(2)(a) Determine whether applications for zoning certificates conform with regulations of this ordinance;

11.2(2)(b) Issue all zoning certificates following approval as required in this ordinance, and maintain records thereof;

11.2(2)(c) Issue all special use permits and maintain records thereof;

11.2(2)(d) Maintain permanent and current records of the zoning ordinance, including but not limited to all maps, amendments, variations, appeals, special uses, planned unit developments and applications for each of these, and shall cause the zoning map, if required by law, to be published not later than March 31 of each year, showing location of all zoning districts and special uses as of December 31 of the preceding year;

11.2(2)(e) Conduct inspections of and uses as directed by the terms of this ordinance; provided, however, that the zoning administrator may grant or deny petitions for variations from the rear yard location requirements applicable to sheds as described in paragraph 3.11(22), subject to an appeal to the zoning board of appeals by anyone aggrieved by the zoning administrator's decision;

11.2(2)(f) Receive, file and forward to the zoning board of appeals for consideration all applications for variations, appeals, special uses and for other matters on which the board is required to act under this ordinance;

11.2(2)(g) Receive, file, and forward to the plan commission all applications for amendments, planned unit developments, or other matters on which the plan commission is required to act under this ordinance; and also forward copies of each application to the board of trustees;

11.2(2)(h) Initiate, direct, and review, from time to time, a study of all property which has been subject to legal action, invalidating the zoning as applied by this ordinance and submit an amendment for reclassification of said property to the plan commission for action;

11.2(2)(i) Initiate, direct and review, from time to time, the status of unincorporated property which is contiguous to, or near the corporate limits of Hillside; a study of the provisions of this ordinance, and in accordance with the findings of such studies and reviews, make recommendations to the plan commission and board of trustees at least once a year;

11.2(2)(j) Receive, file and forward to the plan commission all plans received by him pursuant to sections 11.2 and 11.3 of this article;

11.2(2)(k) Send to board of appeals, copies of all notifications to petitioners in violation of any matter which has been acted on by the board, or which is within the jurisdiction thereof;

11.2(2)(l) Provide public information relative to all matters pertaining to this ordinance; and

11.2(2)(m) Upon the approval of the board of trustees, issue permits regulating the erection and use of tents for specific periods of time for purposes such as promotional sales, temporary carnivals, churches, voluntary organizations such as Boy Scouts and Girl Scouts, charitable uses, revival meetings or similar uses, provided, however, that said tents and uses thereof are in conformance with all other ordinances and codes of the village.

11.2(3) Staffing. The office of the zoning administrator may be supplemented by other such officials as needed, including but not limited to inspectors, secretarial and clerical staff and other related personnel, to perform the duties as directed by the zoning administrator, provided such employees shall be appointed when authorized by the board of trustees.

(Ord. No. 97-19, § 1, 10-27-1997)

11.3(1) Issuance. The owner or manager of any proposed new commercial or industrial use for the Village of Hillside must apply for and receive a zoning certificate from the zoning administrator prior to beginning operations and also prior to applying for or receiving any other village permits or licenses required for the new use. This certificate, if approved, shall indicate that the use as proposed would be in compliance with this zoning ordinance. In addition, no village permit pertaining to the use of land or buildings shall be issued by any officer, department or employee of this village unless the application for such permit has been examined and the permit approved by the zoning administrator. The administrator's approval shall certify that the proposed use or construction is in compliance with this zoning ordinance.

11.3(2) Application. All applications for zoning certificates shall be reviewed by the zoning administrator. The zoning administrator shall examine the said application upon its receipt, and if he finds the application in compliance with all relevant provisions of this ordinance, shall authorize the issuance of a zoning certificate, which certificate shall be valid for all purposes.

If the zoning administrator, upon his examination of the application, within a month of its issuance, finds the proposed use of land, building, or structure does not comply with such performance standards or other applicable regulations of this ordinance, he shall notify the architect or the structural engineer and person filing the application, in writing, of his finding. Failure of the professional architect or the structural engineer to show that such application is in compliance or of the applicant to submit a revised application which shows compliance within 30 days of such notification shall be cause for denial of the zoning certificate application by the zoning administrator. Appeal shall be to the zoning board of appeals.

11.3(3) Certification from other agencies. In the event a proposed commercial or industrial use may be in conflict with the regulations of the Illinois Environmental Protection Agency or the Metropolitan Sanitary District of Greater Chicago, or if there is any possibility that surface drainage or the sewer system may be polluted by the discharge from the proposed use, the zoning administrator, prior to the issuance of a zoning certificate, shall require a certificate of approval from the Illinois Environmental Protection Agency, or the Metropolitan Sanitary District of Greater Chicago or any other public agency having jurisdiction thereof.

11.3(4) Plats. Every application for a zoning certificate shall be accompanied by:

11.3(4)(a) A plat, of the parcel of land, lot, block or blocks, or parts or portions thereof, drawn to scale, showing the actual dimensions and certified by a land surveyor or civil engineer licensed by the State of Illinois, as a true copy of the parcel, lot, lots, block or blocks, or portions thereof.

11.3(4)(b) A site plan, drawn to scale in such form as may, from time to time, be prescribed by the zoning administrator, showing the ground area, height, and bulk of the building or structure, the building lines in relation to lot lines, the use to be made of the building or structure or land, and such other information as may be required by the zoning administrator for the proper enforcement of the zoning ordinance. The plat and site plan shall be attached to the application for a zoning certificate and shall be retained by the zoning administrator as a public record.

(Portions of this section to be placed in the Village Code.)

11.4(1) Creation and membership. A zoning board of appeals is hereby authorized to be established. The word "board" when used in this section shall be construed to mean the zoning board of appeals. The board shall consist of seven members appointed by the mayor, by and with the consent of the village trustees. The members of said board shall serve for five years. One of the members of said board shall be designated by the mayor, with the consent of the village trustees, as chairman of said board, and shall hold said office as chairman until his successor is appointed. The mayor shall have the power to remove any member of said board for cause and after a public hearing. Vacancies upon said board shall be filled for the unexpired term of the member whose place has become vacant in the manner herein provided for the appointment of such member.

11.4(2) Jurisdiction. The board of appeals is hereby vested with the following jurisdiction and authority:

11.4(2)(a) To hear and decide appeals from any order, requirement, decision or determination made by the zoning administrator or other authorized official of the village having jurisdiction under this zoning ordinance.

11.4(2)(b) To hear and pass upon application for variations from the terms provided in this zoning ordinance subject to the standards set forth in this section, except application for variations as part of a planned unit development, which will be the responsibility of the plan commission as set forth by subsection 11.10.

11.4(2)(c) To receive all applications filed for special use permits and hold hearings and submit recommendations thereon to the board of trustees.

11.4(2)(d) To hear and decide upon all matters which it is required to pass under this zoning ordinance, in accordance with applicable Illinois Statutes.

11.4(3) Meetings and rules. All meetings of the board of appeals shall be held at the call of the chairman and at such times as such board may determine. All hearings conducted by said board shall be open to the public. Any person may appear and testify at a hearing, either in person, or by duly authorized agent or attorney. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses.

The concurring vote of four members of the zoning board of appeals shall be necessary to reverse any order, requirement, decision or determination of the zoning administrator or to decide in favor of the applicant on any matter in which it is authorized by this ordinance to render a decision. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall also keep records of its hearings and other officials of, and every order, requirement, decision, or determination of the board shall be filed immediately in the office of the zoning administrator and shall be a public record. The board shall adopt its own rules of procedure not in conflict with this zoning ordinance or with the applicable Illinois Statutes, and may select or appoint such officers as it deems necessary.

11.4(4) Finality of decisions of the board of appeals. All decisions and findings of the board of appeals, on appeal or upon application for a variation after a hearing, shall in all instances be final administrative determinations and shall be subject to review in court as may be provided by law.

11.5(1) Authority. The zoning board of appeals shall decide all applications for variations of the provisions of this ordinance after the required public hearing and findings are made and in accordance with the standards in section 11.5(4) and as authorized in section 11.5(6).

11.5(2) Initiation. An application for a variation may be made by any person, firm, or corporation having a fee interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a fee interest, an option to purchase, or an exclusive possessory interest applicable to the land or land and improvements described in the application for a variation. Any application by a person other than the fee owner shall be accompanied by written approval of the fee owner.

11.5(3) Application for variation and notice of hearing. An application for variation shall be filed with the board of appeals at the office of the zoning administrator. The zoning administrator shall notify the board of appeals. The application shall contain such information as the board of appeals, by rule, may require from time to time. No more than 60 days after filing of such application, a hearing shall be held on the application. Notice of such a hearing shall be published at least once, but not more than 30 or less than 15 days before the hearing, in one or more newspapers of general circulation in Hillside.

11.5(4) Standards for variations. The zoning board of appeals shall not grant a variation of the regulations of this ordinance as authorized herein unless it shall have made findings of fact based upon the evidence presented to it in each specific case that:

11.5(4)(a) The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the district regulations, but provided that the purpose of the variation is not based exclusively upon a desire to realize profits from the property;

11.5(4)(b) The alleged difficulty or hardship has not been created by any person having an interest in the property;

11.5(4)(c) The variation, if granted, will not alter the character of the locality nor be detrimental to the public welfare or injurious to other property or improvements, and will not impair an adequate supply of light and air to adjacent property or adversely affect the health, safety or welfare of the community.

11.5(4)(d) The plight of the owner is due to unique circumstances such as the particular physical surroundings, shape or topographical condition of the specific property, and that these circumstances would not be generally applicable to other property within the same zoning classification.

11.5(5) Conditions. The zoning board of appeals may impose such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with standards set out in this section and reduce or minimize the injurious effect of such variation upon other property in the neighborhood and to carry out the general intent of this zoning ordinance.

11.5(6) Authorized variations. Variations from the regulations of this zoning ordinance shall be granted by the board of appeals only in accordance with the standards set out in section 11.5(4) and may be granted only in the following instances, and in no others:

11.5(6)(a) To permit any front, side or rear yard less than the yard required by the applicable regulations; except as to front and rear yard limitations in an M-1 district as imposed by subparagraph 11.5(6)(f) of paragraph 11.5(6).

11.5(6)(b) To permit the use of a lot of record as of the effective date of this ordinance for a use otherwise prohibited solely because of the insufficient area of the lot, provided, the respective area and width of the lot is not less than 75 percent of the required lot area and width, and further provided that whenever it is possible, several undersized lots shall be combined and redivided into building sites as required by section 3.6(2). In its consideration of the possible combination of undersized lots, the board shall consider both the hardship to the property owner and the character of the immediate neighborhood.

11.5(6)(c) To permit the same off-street parking spaces as provided in section 8.4(8)(b) to qualify as required parking for two or more uses, provided that substantial use of the space by each user does not take place simultaneously.

11.5(6)(d) To reduce the applicable off-street parking or loading facilities required by not more than 20 percent of the applicable regulations.

11.5(6)(e) To increase by not more than 25 percent the maximum distance that required parking spaces are permitted to be located from the use served.

11.5(6)(f) To reduce the front or rear yard in an M-1 district to the depth of already established yards on the block that the use exists, provided the provisions of section 3.7(4) are complied with and no front yard shall be less than 20 feet and no rear yard less than ten feet.

11.5(6)(g) To increase the height of any building other than a single-family dwelling, or structure other than an outdoor sign, permitted under the regulations of the district in which it is located or is to be located, by not more than 25 percent of the applicable maximum height restrictions.

11.5(6)(h) To increase the floor area ratio, the percentage of the land in question which may be covered by buildings or structures, and the maximum number of multiple dwelling units per acre, by not more than 25 percent of the applicable maximum restrictions.

11.5(6)(i) To decrease the minimum lot width and size requirements by not more than 25 percent of the applicable minimum requirements.

11.5(7) Duration. No order of the board of appeals granting a variation shall be valid for a period longer than one year from the date of such order unless a building or occupancy permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.

11.6(1) Initiation. An appeal to the zoning board of appeals may be made by any person, firm, or corporation, or by any office, department, or board, aggrieved by a decision of the zoning administrator under this ordinance in accordance with Illinois Statutes.

11.6(2) Processing. An application for an appeal shall be filed with both the board of appeals and zoning administrator within 45 days of the date of the action from which the appeal is being filed, and thereafter the village clerk shall forward such application to the zoning board of appeals for processing. The village clerk shall forward to the zoning administrator a notice of appeal specifying the grounds thereof and he shall forthwith transmit to the zoning board of appeals all the papers constituting the record upon which the action appealed from was taken.

11.6(3) The powers of the board. An appeal stays all the proceedings of the action appealed from, unless the officer from whom the appeal is taken certifies to the zoning board of appeals, after the notice of appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the zoning board of appeals or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.

11.6(4) Public hearing and notice of hearing. The zoning board of appeals shall fix a reasonable time, not to exceed 30 days, for the hearing of the appeal and give due notice thereof to the parties involved in the appeal.

The zoning board of appeals may affirm the zoning administrator's action by a simple majority present, or may upon concurring vote of four members, reverse, wholly or partly, or may modify the order, requirement, decision, or determination as in its opinion ought to be made on the premises and to that end shall have all the powers of the zoning administrator.

11.6(5) Decision. The zoning board of appeals shall deliberate upon the petition and the evidence thereon within 15 days of the date of the hearing. The board of appeals may, upon notice to all interested parties, postpone all decisions for another 30 days but no longer.

11.7(1) Purpose. The formulation and enactment of a comprehensive ordinance is based on the division of the entire village into districts in each of which are permitted specified uses that are mutually compatible. In addition to such permitted, compatible uses, however, it is recognized that there are other uses which it may be necessary or desirable to allow in a given district but which on account of their potential influence upon neighboring uses or public facilities need to be carefully regulated with respect to location or operation for the protection of the community. Such uses are classified in this ordinance as "special uses" and fall into three categories:

11.7(1)(a) Uses either municipally operated or operated by publicly regulated utilities, or uses traditionally affected by a public interest;

11.7(1)(b) Uses entirely private in character which, on account of their peculiar locational need, the nature of the service they offer to the public, and their possible unique, special or unusual impact upon use or enjoyment of neighboring property, may have to be established in a district or districts in which they cannot reasonably be allowed as an unrestricted permitted use under the zoning regulations; and

11.7(1)(c) Planned developments as set forth in paragraph 11.10 of this article.

11.7(2) Initiation. Special uses may be proposed by the board of trustees, plan commission[,] by a person, firm, or corporation having a fee interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a fee interest, an option to purchase, or any exclusive possessory interest which is specifically enforceable on the land which is described in the application prescribed by the zoning board of appeals.

11.7(3) Processing:

11.7(3)(a) An application for a special use shall be filed with the zoning administrator and thereafter entered into the records of the next meeting of the zoning board of appeals.

11.7(3)(b) The zoning board of appeals shall fix a reasonable time, not to exceed 60 days, for the hearing of the request for special use permit and give due notice to the applicant and publish the same as required by law.

11.7(3)(c) The zoning board of appeals shall deliberate publicly upon the petition within 30 days of the date of the hearing. The zoning board of appeals may, upon notice to all interested parties, postpone all decisions for another 30 days but no longer.

11.7(3)(d) Findings and recommendations of the zoning board of appeals shall be submitted to the village board not later than 60 days following the public hearing.

11.7(4) Standards and conditions.

11.7(4)(a) In general, the following standards and conditions shall apply:

11.7(4)(a)(i) The establishment, maintenance and operation of the special use will not be detrimental to or endanger the public health, safety, morals or general welfare, and shall commence within six months of the issuance of the special use permit.

11.7(4)(a)(ii) The special use will not be injurious to the use and enjoyment of the property in the immediate vicinity for the purposes permitted nor substantially diminish and impair property values within the adjacent neighborhood.

11.7(4)(a)(iii) The establishment of the special use will not impede normal and orderly development and improvement of surrounding property for uses permitted in the zoning district.

11.7(4)(a)(iv) Adequate service utilities, access roads, drainage and other necessary facilities are in existence or can be provided.

11.7(4)(a)(v) Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion in the public streets.

11.7(4)(a)(vi) The special use shall in all other respects conform to applicable regulations of this ordinance, except as such regulations may be modified by the village board.

11.7(4)(b) Auto laundries:

11.7(4)(b)(i) There shall be a water recovery system which will recover no less than 80 percent of the water used when the car wash uses village water.

11.7(4)(b)(ii) Solid matter shall be removed by chemical or mechanical means before any effluent from the car wash facility is discharged into the sanitary sewer. All solids so removed shall be collected periodically and disposed of in an authorized disposal area. All effluent discharged into the sanitary sewer from the car wash facility shall be within the limits of pH 6.5 and 9.0.

11.7(4)(b)(iii) No less than 90 percent of the water shall be removed from the car before it moves out of the facility.

11.7(4)(b)(iv) An attendant shall be present during all business hours.

11.7(4)(c) Cemeteries and similar uses:

11.7(4)(c)(i) There shall be a minimum lot size of ten acres.

11.7(4)(c)(ii) The site of said use shall have direct and convenient access to a major arterial street.

11.7(4)(c)(iii) All burial buildings shall be set back not less than 80 feet from any street bounding the cemetery, and shall be set back not less than 300 feet from any other property line. A burial building is any building used for the interment of bodies or other remains of persons who have died, including mausoleums, vaults, or columbaria.

11.7(4)(c)(iv) All graves or burial lots shall be set back not less than 30 feet from any street bounding the cemetery and not less than 25 feet from any other property line.

11.7(4)(d) Churches, temples, synagogues, and similar houses of religious worship: Shall have a side yard on each side of the building at least 20 feet in width.

11.7(4)(e) Reserved.

11.7(4)(f) Convalescent homes, nursing homes, rest homes and similar institutions:

11.7(4)(f)(i) There shall be a front yard with a depth of not less than 100 feet.

11.7(4)(f)(ii) There shall be a side yard on each side of the building at least 75 feet wide.

11.7(4)(f)(iii) There shall be a rear yard of at least 100 feet.

11.7(4)(f)(iv) The area covered by buildings, including accessory buildings shall not exceed 40 percent of the total lot area.

11.7(4)(g) Dog kennels: Shall be on a lot of not less than three acres and no structures shall be nearer than 100 feet to any property line.

11.7(4)(h) Drive-in facilities for banks, restaurants and other uses:

11.7(4)(h)(i) No portion of any parking space shall be located closer than 20 feet to any vehicle entrance or exit or street.

11.7(4)(h)(ii) Where applicable, there shall be provided in convenient locations on the parking lot an adequate number of covered containers or receptacles for debris, wastepaper and garbage.

11.7(4)(h)(iii) The owner and/or operator of said establishment shall maintain quiet and good order upon the premises and shall not permit disorderly conduct or loitering.

11.7(4)(i) Garages - for off-street parking: Shall not be closer than 500 feet from an R-1 or R-2 district.

11.7(4)(j) Golf courses: Shall be a lot not less than 80 acres.

11.7(4)(k) Heliports:

11.7(4)(k)(i) The area shall be sufficient and the site otherwise adequate to meet the standards of the Federal Aviation agency and the Illinois Department of Aeronautics for the class of airport proposed, in accordance with their published rules and regulations.

11.7(4)(k)(ii) Any building, hangar, or other structure shall be at least 100 feet from any street or boundary line.

11.7(4)(k)(iii) Any proposed landing strip shall be situated so that the approach zones are free of any flight obstructions.

11.7(4)(l) Hospitals:

11.7(4)(l)(i) There is direct and close access to a major arterial street.

11.7(4)(l)(ii) All incidental and related uses shall be located on the same property as such hospital or institution or within 200 feet of said property.

11.7(4)(l)(iii) Front, side and rear yards shall be provided with a depth of not less than 50 feet each.

11.7(4)(l)(iv) The lot area covered by buildings shall not exceed 40 percent of the total lot area.

11.7(4)(m) Hotels and motels:

11.7(4)(m)(i) The lot area covered by the main building or buildings shall not exceed 30 percent of the total lot area.

11.7(4)(m)(ii) There shall be no facilities for the storage, cooking, or preparation of food, except as may be allowed by the special permit or in any restaurant constructed as part of said use.

11.7(4)(n) Meeting halls and similar uses: Shall be on a lot size of not less than two acres.

11.7(4)(o) Mining and mineral storage:

11.7(4)(o)(i) No excavation shall take place within 60 feet of any property line.

11.7(4)(o)(ii) All buildings or structures for screening, crushing, washing, mixing or storage shall be located not less than 500 feet from an existing residence or any residence district established by this ordinance.

11.7(4)(o)(iii) All property lines adjoining other districts except other manufacturing districts shall be provided with a six-foot fence.

11.7(4)(o)(iv) A plan of development for the reclamation of the land shall be provided as part of the application for a special use permit.

11.7(4)(o)(v) Buildings, structures, equipment and operations for processing on the premises of material secured by such uses shall be authorized only when evidence is submitted to the zoning board that there will be compliance with all applicable performance standards.

11.7(4)(p) Museum: Shall be on a lot of not less than three acres.

11.7(4)(q) Stadiums: Shall be on a lot of not less than ten acres.

11.7(4)(r) Utilities, public: Such as electric substations, distribution centers and booster stations, water filtration plants, pumping stations, reservoirs and wells, police and fire stations, railroad rights-of-way, bus transit facilities, compressor stations, well head stations, radio and televisions transmitting stations and towers, stormwater lift stations and telephone exchanges. There shall be adequate screening and setback from adjacent uses whenever appropriate to preserve the character of the area.

11.7(4)(s) Outdoor theaters: Shall be on a lot not less than ten acres.

11.7(4)(t) Beauty salons and barber shops:

11.7(4)(t)(i) Shall be defined to include any and all commercial establishments which offer personal and retail services covered and/or licensed under the Barber, Cosmetology, Esthetics, and Nail Technology Act of 1985 (225 ILCS 410/1 et seq.) (the "Act"), including all salons and shops licensed, owned and/or operated under Article IIID of the Act, regardless of whether only a percentage or portion of the establishment is dedicated to such services. Beauty salons and barber shops subject to this subsection 11.7(4)(t) shall also include any and all establishments offering hair-braiding and wig specialist services, including but not limited to, French, invisible and micro braids, twists, lacing, cornrows, weaves, and sew-ins, regardless of whether such services are regulated under the Act or other similar Illinois statute.

11.7(4)(t)(ii) No new or relocated barber shop and/or beauty shop shall be located within 1,000 feet of any lawfully existing barber shop and/or beauty salon. This distance shall be measured from any public entrance or exit of the new or relocated establishment in a straight line of the existing establishment

11.7(4)(t)(iii) The following criteria shall be considered as factors for review by the zoning board of appeals for the village (the "zoning board") when evaluating an application for special use as a beauty salon or barber shop:

•

Each owner and/or operator of the salon or shop must be registered under the Act with the Illinois Department of Financial and Professional Regulations.

•

Each owner and/or operator of the salon or shop must designate all individuals who maintain a valid license in good standing under the Act and who shall be providing services at the salon and/or shop.

•

Each owner and/or operator of the salon or shop must not have been subjected to any disciplinary or corrective action from either the State of Illinois or another state or licensing agency, including the issuance of a warning, probation, suspension or revocation related to the license for a salon or shop.

•

At least one individual licensed under the Act must be present in the salon or shop during all operating and business hours of the salon or shop.

•

During all operating and business hours of the salon or shop, at least one individual licensed under the Act shall be designated to supervise up to three other licensed staff members who provide services covered under the Act.

•

Booth rentals to individuals who are not full-time or part-time employees of the salon or shop are prohibited.

11.7(4)(u) Crematories:

11.7(4)(u)(i) No special use shall be granted for the operation of a crematory unless the crematory is located on property within a B-1, B-2, M-1, or M-2 zoning district or which has been granted a special use for the operation of a cemetery.

11.7(4)(u)(ii) No special use shall be granted from the operation of a crematory unless the property for which the special use is sought is also operated as a cemetery, an undertaking establishment, or a funeral parlor.

11.7(4)(v) Senior independent living facilities.

11.7(4)(v)(i) Developments designed to provide independent senior living. These facilities are not intended for assisted living, nursing homes, hospitals, healthcare centers or other like uses. They are multi-unit housing developments that are restricted to older adults, usually 55 years of age or older and shall be defined as housing for the elderly as provided for federal housing guidelines.

11.7(4)(v)(ii) Maximum density of 40 dwelling units per acre.

11.7(4)(v)(iii) Maximum floor to area ratio-1.1.

11.7(4)(v)(iv) Maximum lot coverage. The area covered by the buildings shall not exceed 30 percent of the total lot area.

11.7(4)(w) Data Centers. There shall be adequate screening and setback from adjacent uses whenever appropriate to preserve the character of the area.

11.7(5) Decisions:

11.7(5)(a) The board of trustees upon report of the zoning board of appeals and without further public hearing, may grant or deny any proposed special use in accordance with applicable Illinois Statutes, or may refer it back to the zoning board of appeals for further consideration.

11.7(5)(b) In case a written protest against any proposed special use signed and acknowledged by 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 the alley therefrom, or by owners of 20 percent of the frontage directly opposite the frontage to be altered, is filed with the zoning administrator, the special use shall not be approved except on the favorable vote of two-thirds of all members of the village board.

11.7(5)(c) The village board shall retain the right to review from time to time the operation of any business or entity which has received a special use permit to determine if said operation is in compliance with its special use permit. The village board may, upon a majority vote, revoke any special use permit for noncompliance.

11.7(6) Existing special uses. Where a use which is classified as a special use by this ordinance exists on the effective date of this ordinance, it shall be considered to be a lawful special use. Any use classified as special use in this manner will be recorded as such by the zoning administrator, and will be exempted from any fee for special use permits required elsewhere in this ordinance.

(Ord. No. 96-10, § 1(D), 4-29-1996; Ord. No. 09-06, § 1B, 3-23-2009; Ord. No. 10-07, § 3, 3-22-2010; Ord. No. 13-12, § 3, 6-24-2013; Ord. No. 23-01, § 1, 1-23-2023; Ord. No. 24-01, § 2, 2-26-2024)

Jurisdiction of the plan commission with respect to zoning shall consist of the following duties assigned to it under this ordinance:

11.8(1) To receive copies of all applications for proposed map amendments, and thereafter to hold public hearings, and submit recommendations thereon to the board of trustees;

11.8(2) To receive all initial inquiries for planned unit developments, and to hold pre-petition conferences with the prospective developers and hold hearings and submit recommendations thereon to the board of trustees; and

11.8(3) To initiate, direct, and review, from time to time, a study of the provisions of the map which is part of this zoning ordinance, and to make reports of its recommendations to the board of trustees not less frequently than annually.

11.9(1) Authority. The regulations imposed and the districts created under the authority of this ordinance may be amended, from time to time, by ordinance in accordance with applicable Illinois Statutes. A map amendment shall be granted or denied by the village board only after a public hearing before the plan commission and a report of its findings and recommendations has been submitted to the village board. A text amendment shall be made by ordinance passed by the village board only after a public hearing before the village board pursuant to statutory notice.

11.9(2) Initiation of amendments. Amendments may be proposed by the zoning administrator, village board, plan commission, or by any person, firm, or corporation having a fee interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a fee interest, an option to purchase, or any exclusive possessory interest which is specifically enforceable on the land which is described in the application for an amendment.

11.9(3) Processing:

11.9(3)(a) An application for a map amendment shall be filed with the village clerk and entered into the minutes of the first regular meeting thereafter of the village board.

11.9(3)(b) A copy of such application shall thereafter be forwarded by the village clerk to the plan commission with a request to hold a public hearing and submit to the village board a report of its findings and recommendations. Upon being advised of the date of hearing, the village clerk shall cause notice of the hearing to be published in a newspaper of general circulation in the village not less than 15 days nor more than 30 days prior to said hearings.

11.9(3)(c) The plan commission shall hold a hearing on such application for an amendment at such time and place as determined by the plan commission and as advertised by the village clerk. The hearing shall be conducted and a record of the proceedings shall be preserved in such manner and according to such procedures as the plan commission by rule prescribes from time to time. Findings and recommendations of the plan commission shall be submitted to the village board not later than 60 days following the public hearing.

11.9(4) Findings on proposed zoning map amendments. Where the purpose and effect of the proposed amendment is to change the zoning classification of a particular property, the plan commission shall make findings based upon the evidence presented to it in each case with respect to the following matters:

11.9(4)(a) Existing uses of property within the general area of the property in question.

11.9(4)(b) The zoning classification of property within the general area of the property in question.

11.9(4)(c) The suitability of the property in question to the uses permitted under the existing and proposed classifications.

11.9(4)(d) The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the date of the property in question was placed in its present zoning classification.

11.9(4)(e) Proposed uses of property within the general area of the property in question as represented on the village comprehensive plan.

11.9(4)(f) The parcel shall contain at lease [least] 200 feet of frontage or 25,000 square feet of area, or adjoin a parcel of land which bears the same zoning district classification as the proposed amendment.

The plan commission shall not recommend the adoption of the amendment unless it finds that it is in the public interest and not solely in the interest of the applicant. The plan commission shall not recommend the adoption of an amendment changing the zoning classification of the property in question to any other classification than that requested by the applicant.

11.9(5) Decisions:

11.9(5)(a) The village board, upon report of the plan commission and without further public hearing, may grant or deny any proposed amendment in accordance with applicable Illinois Statutes, or may refer it back to the plan commission for further consideration.

11.9(5)(b) In case a written protest against the proposed amendment is filed with the village clerk and is signed and acknowledged 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, an amendment cannot be passed except on a favorable vote of two-thirds of all the village trustees.

11.10(1) Purpose. The purpose of the planned unit development is to allow:

11.10(1)(a) Greater flexibility than is permitted by standard district regulations for tracts and lands where the planned development would better utilize the topographic and natural character of the site and would produce a more economic and stable development;

11.10(1)(b) Permanent preservation of common open space and provisions of recreational facilities;

11.10(1)(c) A creative approach to the use of land and related physical facilities that results in better development and design and the construction of aesthetic amenities;

11.10(1)(d) Developments which will have a more beneficial effect upon the health, safety, general welfare, and stability of the village than development under strict conformity with district regulations; and

11.10(1)(e) Innovations in residential, commercial, and industrial development so that growing demands of population may be met by greater variety in type, design and layout of buildings and by the conservation and more efficient use of open space ancillary to said buildings.

11.10(2) Procedure:

11.10(2)(a) Pre-petition meeting. Prior to official submittal of an application for consideration of a planned unit development, the petitioner shall submit a letter of intent to the plan commission. Such letter shall be submitted to the office of the village clerk. The village clerk shall forward copies of such letter of intent to the plan commission, the village president and the board of trustees, and the letter shall be included in the agenda of the next meeting of the plan commission. The plan commission shall select a date and, upon the selection of such date, the petitioner shall meet with the plan commission and discuss the scope and nature of the proposed development, and the design requirements of the commission concerning this proposal.

Any pre-petition meeting of the plan commission may be a part of the regularly scheduled meeting, shall be open to the public, and shall be included in the agenda in advance of said meeting. A pre-application meeting is required; however, it is not binding, and it does not require formal application, fee, or filing of a planned unit development plat. A pre-petition conference may be repeated by mutual agreement.

11.10(2)(b) Application. Following the pre-petition meeting with the plan commission, application may be made, which application may be made, which application shall be in accordance with procedures set forth in the following paragraphs:

11.10(2)(b)(i) An application for a planned unit development shall be filed with the village clerk and thereafter entered into the records of the first meeting of the board of trustees.

11.10(2)(b)(ii) A copy of such application shall thereafter be forwarded by the village clerk to the plan commission with a request to hold a public hearing and submit to the board of trustees a report of its findings and recommendations. The plan commission shall fix a reasonable time, not to exceed 60 days, for the hearing of the request for planned unit development and give due notice in the same manner as provided in paragraph (b) of section 11.9(3) of this article.

11.10(2)(b)(iii) Such public hearings shall be held upon such notice and findings and recommendations of the plan commission shall be submitted to the village board not later than 60 days following the conclusion of the public hearing.

11.10(2)(b)(iv) The board of trustees, upon report of the plan commission and without further public hearing, may grant or deny any proposed planned unit development in accordance with applicable Illinois Statutes, or may refer it back to the plan commission for further consideration. The approval by the board of trustees shall not be effective unless the petitioner complies with requirements of section 11.10(2)(c) of this ordinance.

11.10(2)(b)(v) In case a written protest against any proposed planned unit development signed and acknowledged by 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 the alley therefrom, or by owners of 20 percent of the frontage directly opposite the frontage to be altered, is filed with the village clerk, the approval of the planned unit development cannot be passed except on the favorable vote of two-thirds of all members of the board of trustees.

11.10(2)(b)(vi) Any variation granted in the course of processing a planned unit development, shall be considered a part of the plan commission's duties and a hearing by the zoning board of appeals shall not be required; instead, the plan commission, after its public hearing, shall recommend all variations so desired, as part of the over-all recommendation on the project.

11.10(2)(c) Approval by village. When a planned unit development is approved by the board of trustees, the developer shall guarantee the implementation of the conditions established as part of the development plan in a manner satisfactory to the village board. The plan, as authorized by the board of trustees, shall not be modified unless the modification is processed as a new application under these provisions, except that a pre-petition meeting is not required, and except changes of use to other uses permitted in the district in which the planned development is located are permitted provided plan commission's recommendations and the board of trustees' approval for such change is obtained. Failure to comply with the conditions and regulations as herein established and as specifically made applicable to a specific project development shall be cause for termination of the approval for said project. At least 15 days' notice shall be given to the developer to appear before the plan commission and answer any such charge of non-compliance.

The plan commission shall report its findings and recommendations to the board of trustees. The board of trustees may terminate the project's approval if the non-compliance is not satisfactorily adjusted within a specified period.

11.10(2)(d) Zoning map. An approved planned unit development shall be delineated and designated by number on the zoning map. A file, available for inspection by the public, shall be maintained by the zoning administrator for each planned development so designated. The file shall contain a record of the approved development plan and all use exceptions allowed.

11.10(2)(e) General standards.

11.10(2)(e)(i) Minimum size. A planned unit development shall be under single ownership and/or unified control.

A planned unit development shall not be less than 12 acres in gross land area, and the average width of the site shall not be less than 360 feet. Any part of the land required for dedication for street rights-of-way in the process of the planned unit development shall be considered as part of the above stated gross land acreage.

11.10(2)(e)(ii) Comprehensive plan. All plans, designs, or proposals for a planned development shall be in general conformance with the Comprehensive Plan of the Village of Hillside.

11.10(2)(e)(iii) Use exceptions. Uses permitted by exception as provided in this article shall be necessary or desirable and appropriate with respect to the primary purpose of the development, and not of such a nature, or so located, as to exercise a detrimental influence on the surrounding neighborhood.

11.10(2)(e)(iv) Bulk exceptions. Exceptions in the bulk regulations of the prevailing district as provided for in this article shall be solely for the purpose of promoting an integrated site plan not less beneficial to the residents or occupants of such development, as well as the neighboring property, than the bulk regulations of this ordinance for structures developed on separate lots.

11.10(2)(e)(v) Development plan and specifications. The design features and standards of development of the planned unit development shall, in addition to the regulations set forth in this ordinance, conform to a development plan, including details and specifications as may be required. Eight sets of development plans shall be submitted with the application. The development plans shall include, as a minimum the following:

1.

An accurate topographic and boundary line map of the project area and a location map showing its relationship to surrounding properties;

2.

The size, arrangement, and location of lots or proposed building groups;

3.

The size, arrangement, and location of lots or of proposed building groups;

4.

Location, type and size of proposed landscaping;

5.

The use, type, size, and location of structures;

6.

The location and size of sewer and water facilities;

7.

Architectural drawings and sketches illustrating the design and character of proposed structures, including floor plans and other similar information as may be deemed necessary by the zoning administrator;

8.

The location of recreational and open space areas and areas reserved or dedicated for public uses such as school and park sites, and open space to be owned and maintained by a property owners' association;

9.

Existing topography and storm drainage pattern and proposed storm drainage system showing basic topographic changes;

10.

Statistical data on total size of project area, density computation, proposed number of residential units by type, and any other similar data pertinent to a comprehensive evaluation of the proposed development; and

11.

Impact of the proposed project on the surrounding land and the properties including but not limited to the following:

a.

Environmental impact;

b.

Impact on the traffic flow on the streets surrounding the subject property, and evidence that adequate measures have been or will be taken to provide ingress and egress, so designed to minimize traffic congestion in the public streets; and

c.

The economic impact on the surrounding property values, and on the village government, local school districts, and the park district serving the area.

11.10(2)(f) Underground utilities. All planned developments shall provide for underground installation of utilities.

11.10(3) Planned residential developments:

11.10(3)(a) Permitted uses. Uses in a planned residential development must conform to that in the underlying zoning district.

11.10(3)(b) Other uses. In residential planned developments containing over 500 dwelling units, convenience type shopping facilities may be permitted, provided that the area devoted to such commercial uses and accessory uses such as off-street parking shall not occupy more than five percent of the total area of the planned development.

11.10(3)(c) Lot size. No minimum lot area is required for individual buildings, except that individual lots for single-family detached dwellings which may be provided within the overall planned development shall not be less than 5,000 square feet in area.

11.10(3)(d) Gross density:

11.10(3)(d)(i) In the R-1 district - not more than 4.2 dwelling units per acre.

11.10(3)(d)(ii) In the R-2 district - not more than 5.9 dwelling units per acre.

11.10(3)(d)(iii) In the R-3 district - not more than 12.0 dwelling units per acre.

11.10(3)(d)(iv) In the R-4 district - not more than 20.0 dwelling units per acre.

11.10(3)(e) Gross density incentives. The maximum gross densities for residential planned developments specified in section 11.10(3)(d) above, may be increased if recommended by the plan commission and approved by the board of trustees, but not greater than 15 percent above the gross density otherwise permitted in the district, said 15 percent in accordance with the following standards:

11.10(3)(e)(i) In no case shall the gross density premium increase the density in any district in excess of 20.0 dwelling units per gross acre.

11.10(3)(e)(ii) For planned developments which abut a public park which is ten acres or more in area - no more than ten percent.

11.10(3)(e)(iv) For the provision of unique design features such as golf courses and lakes, swimming pools, underground parking and other similar features within the planned development which require unusually high development costs and which achieve an especially attractive and stable development - as determined by the plan commission.

11.10(3)(e)(v) When a development unit plan provides for greater number of dwelling units per acre than would be permitted by the zoning regulations otherwise applicable to the site, the developer has the burden to show that such increase will not have an undue and adverse impact on existing public facilities and on the reasonable enjoyment of neighborhood property. The plan commission in determining the reasonableness of a proposed increase in the number of dwelling units per acre, shall recognize that increased density may be compensated for by additional private amenities and by increased efficiency in public services to be achieved by: (1) the amount, location and proposed use of common open space; and (2) the location, design and type of dwelling units. The plan commission may, in its determination, also consider that the physical characteristics of the site may make increased densities appropriate in the particular location.

11.10(3)(f) Lot width. The requirements of the prevailing districts may be waived.

11.10(3)(g) Yards. The requirements of the prevailing districts are applicable to exterior boundaries of the planned development only.

11.10(3)(h) Distance between buildings. In the parts of planned unit development containing dwelling types other than single-family detached dwellings, the spacing between buildings shall not be less than that set forth in the respective underlying district.

11.10(3)(i) Building height. The building height requirements of the prevailing district may be waived; however, the height of any building in any planned unit development shall not exceed 60 feet.

11.10(3)(j) Off-street parking and off-street loading. In accordance with the regulations set forth in articles VIII and IX of this ordinance.

11.10(4) Commercial planned development. A commercial planned development may be proposed for a single zoning lot or lots located with any business district in order to promote the cooperative development of shopping centers and integral parking facilities and common access points into thoroughfares, to limit the ingress and egress points and to reduce congestion on the thoroughfares to separate pedestrian and automobile traffic, to develop shopping centers of size and location compatible with market potential and adjoining land use, and to encourage harmonious architecture between adjacent commercial structures.

11.10(4)(a) Permitted uses. Uses permitted in a commercial planned development may include uses other than those permitted in the underlying district in which said development is located, provided the inclusion of such uses are recommended by the plan commission and approved by the board of trustees. The plan commission is recommending the inclusion of such uses other than those permitted by the underlying district, shall find that the uses permitted by such exception are necessary or desirable and are appropriate with respect to the primary purpose of the development.

11.10(4)(b) Activities shall be enclosed. Retail sales and services, including storage of materials, shall be conducted or stores [stored] entirely within a wholly and permanently enclosed building or buildings which shall be of an architectural design compatible with surrounding uses and structures, unless otherwise recommended by the plan commission and approved by the board of trustees.

11.10(4)(c) Lot size. No minimum lot area is required for individual buildings; however, the gross land area within the commercial planned development shall be not less than the minimum area required in section 11.10(2)(e)(i).

11.10(4)(d) Building coverage. Building and structures shall not cover more than 30 percent of the lot area.

11.10(4)(e) Usable open space. At least ten percent of the total lot area of the commercial planned development shall be provided for landscaped and usable open space purposes.

11.10(4)(f) Building height. The building height requirements of the prevailing district may be waived; however, the height of any building in any commercial planned development shall not exceed 60 feet.

11.10(4)(g) Off-street parking facilities. Off-street parking facilities for commercial planned developments shall be in accordance with the requirements of section 8.5(4) of this ordinance.

11.10(4)(h) Off-street loading facilities. Off-street loading facilities shall be provided for each use as required by article IX of this ordinance; however, the architectural design of the project shall provide for common access routes and loading areas, so the loading and unloading operation can be conducted efficiently, and be sufficiently curtailed from the view of the neighboring properties.

11.10(4)(i) Design standards:

11.10(4)(i)(i) Where a commercial planned development adjoins the boundaries of residential, public open space, schools, churches or other similar uses, the development shall be adequately screened by fencing or landscaping or both.

11.10(4)(i)(ii) Ingress and egress shall be so designed as to minimize traffic congestion in the public streets.

11.10(4)(i)(iii) Outside lighting shall be so designed as not to be disturbing to adjacent residential areas.

11.10(5) Manufacturing planned developments. For planned developments located in the M-1 and M-2 manufacturing districts exceptions may be made in the use and bulk regulations of the district as follows:

11.10(5)(a) Economic ability required. The petitioner shall show sufficient evidence of capability to implement the general type of development proposed.

11.10(5)(b) Permitted uses:

11.10(5)(b)(i) Uses specified as permitted uses in the underlying zoning district.

11.10(5)(b)(ii) Uses specified as special uses in the underlying zoning district when approved as a part of the development plan.

11.10(5)(b)(iii) In manufacturing planned developments occupying over 50 acres of land, and having not less than 800 feet of frontage on a major street, uses permitted in the B-2 district may be permitted, provided that the area devoted to such uses and their accessory uses such as off-street parking shall not exceed 50 percent of the total area of the manufacturing planned development.

11.10(5)(b)(iv) Uses shall conform with the performance standards as set forth for the respective underlying district in article VII of this ordinance.

11.10(5)(c) Lot area. Individual lots which may be provided within the overall planned development shall not be less than one acre in area.

11.10(5)(d) Yards. The requirements of the respective underlying district are applicable to the exterior boundaries of the planned development only.

11.10(5)(e) Spacing between buildings. Where a transfer of ownership of a part of a manufacturing planned development is contemplated, spacing between principal buildings shall be at least equivalent to such spacing as would be required between buildings similarly developed under the terms of the underlying district regulations.

11.10(5)(f) Lot coverage. No more than 60 percent of the property may be covered by structures.

11.10(5)(g) Off-street parking. In accordance with the requirements of article VIII.

11.10(5)(h) Off-street loading. In accordance with the requirements of article IX.

11.10(6) Mixed use developments. Mixed use developments in are permitted in planned unit developments forsuch uses as recommended by the plan commission and approved by the board of trustees of the village. All standards of the underlying zoning district may be waived provided the plan commission and the village board of trustees find all standards to be consistent with the intent of the development plan and it shall not cause any adverse impact on existing adjoining uses. Parking requirements shall conform to the Code requirements and design standards which are incorporated into this ordinance.

(Ord. No. 06-12, § 1, 4-24-2006)