Without limiting any authority granted to the village president and the village board by state law or by other ordinances of the village, the village president and village board shall have the following powers and duties with respect to this ordinance, to be carried out in accordance with the terms of this ordinance:

1.

To determine whether or not to adopt amendments to the text of this ordinance after receiving recommendations from the planning commission;

2.

To determine whether or not to adopt amendments to the official zoning map after receiving recommendations from the planning commission;

3.

To determine whether or not to approve (with or without conditions) or deny applications for site plan review after receiving recommendations from the planning commission;

4.

To determine whether or not to approve (with or without conditions) or deny applications for special uses, as identified and established in this ordinance, after receiving recommendations from the planning commission;

5.

To determine whether or not to approve or deny any decision on appeal of the zoning administrator after receiving recommendations from the zoning board of appeals (ZBA); and

6.

To determine whether or not to approve or deny a variation from this title after receiving recommendations from the zoning board of appeals.

1.

Appointment.

a.

The zoninig administrator shall be appointed by the village president with the advice and consent of the village board.

b.

In the absence of a zoning administrator, the duties of the zoning administrator shall be carried out by the village president or the village president's designee.

2.

Duties of the zoning administrator. The zoning administrator or his duly appointed and acting assistant shall administer and enforce this ordinance. it shall be the duty of the zoning administrator to:

a.

Receive and process applications for zoning.

b.

Receive and process applications for an occupancy certificate after an on-site inspection and upon completion of a structure or when there is a change of use as herein provided to ensure conformity to the provisions of this ordinance.

c.

Conduct inspections of structures or the use of land to determine whether there is compliance with this ordinance, and, in cases of any violation, to notify in writing the person or persons responsible, specifying the nature of the violation and ordering corrective action.

d.

Ensure that the official zoning map is maintained.

e.

Ensure maintenance of permanent and current records required by this ordinance, including, but not limited to, zoning certificates, inspections, and all official action on appeals, variations and amendments.

f.

Furnish members of the public with forms for development.

g.

Receive on behalf of the zoning board of appeals all such forms, when completed and executed by the appellant or applicant, or his agent or attorney.

h.

Discharge such other duties as may be placed upon the zoning administrator by this ordinance.

i.

Refer any violation of this ordinance to the village attorney for prosecution or other appropriate action when deemed necessary.

j.

The zoning administrator may delegate responsibilities to other personnel within the village, as necessary, to properly administer and enforce the provisions of this ordinance.

k.

Ensure the provision of clerical and technical services to the zoning board of appeals and the planning commission, including maintaining records thereof, including review, analysis, reports and recommendations.

1.

Establishment.

a.

A zoning board of appeals (ZBA) is hereby established, vested with such administrative authority as is hereinafter provided by state law. Such board shall consist of seven members, who shall be residents of the Village of Hinckley or reside within the one and one-half mile of the Village. Members shall be appointed by the village president with the advice and consent of the village board. At the time of appointment, the village president, with the advice and consent of the village board, shall also name one of the members to serve as chairman of the zoning board of appeals; the chairman shall be a voting member. Any member of the zoning board of appeals may be removed by the governing body after holding a public hearing thereon.

b.

The members of the zoning board of appeals shall serve respectively for the following terms: one for one year, one for two years, one for three years, one for four years, one for five years, one for six years, and one for seven years, the successor to each member so appointed to serve for a term of five years.

c.

The zoning board of appeals may designate a secretary and such other officers as it deems necessary. Such board shall adopt rules of procedures and keep minutes of its proceedings; such minutes may be of public record. All meetings of such board shall be held at the call of its chairman or any three members and shall be open to the public. In the performance of its duties, the zoning board of appeals may incur such expenditures as shall be authorized by the village board.

d.

A quorum of the zoning board of appeals shall consist of a majority of its membership. A concurring vote of four members of the zoning board of appeals is required to recommend the reversal of any order, requirement, decision, or determination of the zoning administrator; to consider in favor of the applicant any matter upon which it is required to pass under this ordinance or to recommend any variation or modification in the ordinance to the village board. Vacancies shall be filled in accordance with statute.

e.

Any variation to be made by ordinance, upon the report of the board of appeals to the village board may be adopted without further public hearing or may be referred back to the board of appeals for further consideration. Any proposed variation which fails to receive the approval of the board of appeals shall not be passed except by the favorable vote of two-thirds of the corporate authority.

2.

Duties: The duties of the zoning board of appeals shall be:

a.

To hear and consider appeals from any decision of the zoning administrator.

b.

To hold public hearings on applications for variances from the provisions of this ordinance and to make recommendations to the village board.

(Ord. No. 2017-08, § 1, 7-3-2017)

Editor's note— Ord. No. 2023-13, § 1, adopted Dec. 11, 2023, repealed § D, which pertained to the planning commission and derived from Ord. No. 2017-08, § 2, 7-3-2017.

1.

Publication of notice:

a.

No public hearing before either the zoning board of appeals or the planning commission on any appeal, or request or petition for variation, amendment, planned unit development or special use shall be held unless the notice of time and place of the hearing is published at least once, in one or more newspapers published in the village, or if none, then in one or more newspapers with a general circulation within the village.

b.

The village clerk shall cause said notice to be published not more than 30 nor less than 15 days before the hearing.

2.

Notice to adjacent owners:

a.

Each petition or application for an appeal, variation, zoning map amendment, planned unit development, or special use shall be prepared by the petitioner.

b.

Said petition or application shall include a list of all owners, as disclosed by the records of the DeKalb Supervisor of Assessments of all property within 250 feet in each direction of the parcel, exclusive of road rights-of-way.

c.

The petitioner shall cause notice of the public hearing to be mailed to property owners at the addresses identified on the list, not less than 15, nor more than 30 days before the hearing. Said notice shall include, at a minimum, information set forth in section E.3. of this article. The village board may waive any irregularity or failure to notify all property owners by the passage of an ordinance granting the petitioner's request.

d.

Said mailing shall be registered mail, return receipt requested, and shall be accomplished at the expense of the petitioner or applicant.

e.

The applicant shall furnish to the village clerk at least seven days prior to the hearing a copy of the notice to adjacent property owners, provide the return receipts, and provide a written statement certifying that he or she has complied with the requirements of this section. The planning commission or zoning board of appeals shall only hear a petition for variation, appeal, special use, or amendment if the applicant furnishes the list and certificate herein described.

3.

Content of Notice: The notice of public hearing shall include at least the following information:

a.

The address and/or location of the property for which the appeal, variation, amendment, or special use is requested;

b.

A brief statement of the nature of the request;

c.

Existing zoning classification;

d.

Proposed zoning, if applicable;

e.

Requested exceptions from applicable regulations of the zoning ordinance, if applicable;

f.

The name and address of the legal and beneficial owner of the property for which the variation is requested;

g.

The name and address of the petitioner;

h.

A legal description of the subject property; and

i.

The time, date and location of the public hearing.

4.

Continuation of public hearings: The zoning board of appeals or the planning commission shall hold at least one public hearing on the proposed variation, amendment, planned unit development or special use. However, public hearings may be continued by either the zoning board of appeals or the planning commission, from time to time, without further notices being published, subject to compliance with the Illinois Open Meetings Act.

1.

Authority: The village board, after receiving a report from the zoning board of appeals containing its findings and recommendations, may vary the regulations of this article if it finds that the variance requested is in harmony with their general purpose and intent and complies with all of the standards for variances established herein.

2.

Standards for variances: The zoning board of appeals shall not recommend nor shall the village board grant a variance from the regulations of this title unless it shall make findings based upon the evidence presented to it in each specific case that it has found that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulation.

3.

In addition, the zoning board of appeals may wish to consider the following when evaluating the petition:

a.

The variance is in harmony with the general purpose and intent of this title; and

b.

Strict enforcement of this title would result in practical difficulties or impose exceptional hardships due to special and unusual conditions which are not generally found on other properties in the same zoning district; and

c.

The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by this title; and

d.

The variance, if granted, will not alter the essential character of the neighborhood and will not be a substantial detriment to adjacent property.

4.

Initiation and processing of variance:

a.

A variance may be proposed by a person being the owner, lessee or contract purchaser of the subject property by submitting a complete application packet. A complete application packet shall include:

1)

A letter of authorization (with notarized original signature) from the property owner granting the lessee or contractor purchaser of the subject property permission to file the petition;

2)

A completed application (form to be provided by the village clerk's office), with original signature;

3)

A plat of survey showing existing conditions of the site;

4)

A site plan illustrating proposal;

5)

A written statement indicating how the proposed variance conforms to the standards outlined in section F.2. above;

6)

Any other documentation the zoning board of appeals may deem necessary to render a decision; and

7)

Ten copies of items 1) [through] 6) above.

b.

An application for a variance may not be processed until an escrow account has been established in conformance with the municipal policy.

c.

The application packet shall be filed with the village clerk's office.

d.

Within ten business days, the village clerk shall contact the chairman of the zoning board of appeals and shall establish a public hearing date.

e.

Public hearing notification shall be as outlined in section E of this article.

f.

Within five business days of establishing the public hearing date, the village clerk shall send written notice to the zoning board of appeals members, the village board, the village attorney, and the village planner informing them of the hearing date. The notice to the village planner (or village president's designee) shall include a complete copy of the application packet.

g.

The village planner may provide a written report to the zoning board of appeals analyzing how the proposal does, or does not, comply with the zoning ordinance.

h.

At least 14 business days prior to the hearing date the village clerk shall send copies of the application to the members of the zoning board of appeals, village board and village attorney.

5.

Decision of the zoning board of appeals: Upon the conclusion of the public hearing, the zoning board of appeals may make a favorable recommendation, make a favorable recommendation with conditions, or make a recommendation to deny the petition to the village board. The favorable vote of four of the seven members of the zoning board of appeals shall be necessary to recommend the granting of a variance. Any petition that receives a recommendation to deny from the zoning board of appeals shall not be passed except by the favorable vote of two-thirds of the corporate authorities.

6.

Conditions and restrictions: The zoning board of appeals may recommend and the village board may impose conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards set forth in this section. If a time limit is set forth by which conditions and restrictions must be completed, they shall be so completed in the time specified. If no such time limit is specified, then the conditions and restrictions shall be completed within a reasonable amount of time. The applicant shall be obliged to fulfill and maintain all conditions and restrictions for as long as the variance is utilized or in effect.

a.

Such conditions and restrictions shall be reasonably conceived to fulfill public needs emanating from the proposed variance.

b.

Changes or alterations of conditions and restrictions shall be processed in the manner set forth in this section for variances.

c.

The variance shall be valid only if the conditions and restrictions imposed upon the premises are fulfilled.

7.

Effective Period of variance:

a.

No variance shall be valid for a period longer than one year from the date of the ordinance granting the variance unless a building permit is obtained within such period and the erection or alteration of a building or structure is started or the use is commenced within such period.

b.

Where conditions have not substantially changed since the date on which the variance was authorized, the owner of a parcel for which a variance has been authorized may, within three months prior to expiration of said variance, request the village board to extend the effective period of said variance for no more than one additional period of up to one year without reapplication to the zoning board of appeals.

c.

A variance shall not be valid if a building, structure or use of land for which a variance has been granted is destroyed or damaged by fire, collapse, explosion or other casualty or Act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed 50 percent of the replacement cost of the building, structure or use of land at the time of destruction or damage.

d.

In the event such damage or destruction is less than fifty (50) percent of the replacement cost of the building, structure or use of land, the variance shall be valid only if such restoration is started within six months from the date of partial destruction and restoration proceeds and does not cease for a period of 60 days and completion is accomplished within 24 months from the date of partial destruction.

(Ord. No. 2018-02, § 2, 3-26-2018)

1.

Authority: The zoning board of appeals shall hear all appeals from administrative decisions of the village zoning administrator's decisions or actions related to this zoning ordinance, pursuant to procedures set forth herein.

2.

Initiation:

a.

An appeal from a final order, requirement, decision or determination to issue, not to issue, revoke, rescind or extend a permit or certificate requiring compliance with the provisions of this zoning ordinance may be taken to the zoning board of appeals (ZBA) by any person aggrieved, or by any officer or department of the Village of Hinckley.

b.

An appeal may be made by submitting a letter to the village clerk outlining the facts of the case, including the request to appeal the decision. The letter should include copies of materials submitted to the village, and any responses made by the village, that lead to the decision in question. The application package shall consist of the original letter and supporting documents, and 10 copies.

c.

Within ten business days, the village clerk shall contact the chairman of the zoning board of appeals and shall establish a public hearing date.

d.

Public hearing notification shall be as outlined in section E. of this article.

e.

Within five business days of establishing the public hearing date, the village clerk shall send written notice to the zoning board of appeals members, the village board, the village attorney, and the village engineer (if deemed appropriate by the chairman of the zoning board of appeals), and the village planner, if one has been selected, informing them of the hearing date, and sending them copies of the appeal.

3.

Hearing: The hearing shall be conducted, and a record of such proceedings shall be preserved, in such a manner as the zoning board of appeals shall prescribe.

4.

Recommendation:

a.

The zoning board of appeals shall reach its recommendation within 45 days after the conclusion of the hearing of the appeal.

b.

The zoning board of appeals may make a recommendation to the village board to affirm or reverse, wholly or in part, or may recommend modifying the order, requirement, decision, or determination as, in its opinion, ought to be made in the premises.

c.

Records of all action of the zoning board of appeals, relative to appeals, shall be maintained by the village.

d.

Decisions of the zoning board of appeals. 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 village zoning administrator, or to decide in favor of the applicant any matter upon which it is authorized by this chapter to render decisions. All final administrative decisions of the zoning board of appeals shall be subject to judicial review pursuant to the provisions of the Administrative Review Act, Illinois Compiled Statutes, as amended.

(Ord. No. 2018-02, §§ 3—5, 3-26-2018)

1.

Authority: The village board, after receiving a report from the planning commission containing its findings and recommendations, may amend the regulations of this ordinance, may amend the zoning district boundary lines or may amend the provisions of the comprehensive land-use plan.

2.

Zoning text amendments:

Initiation and processing of text amendment:

a.

Text amendments may be initiated by the village board, a resident of the Village of Hinckley or the owner of property within the village.

b.

Public hearing required. The regulations imposed and the districts covered by this ordinance 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 planning commission.

c.

Notice of the public hearing shall be provided in conformance with article 4.E.1. Posting of signs and sending certified letters to individual landowners is not required.

d.

Report of public hearing. Following a public hearing, the planning 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.

e.

Action by the village board. After receiving the recommendations and report of the planning commission, the village board shall review the recommendation and report and may pass the proposed amendment without change, may reject it, or may recommit it to the planning commission for further consideration.

3.

Zoning map amendments:

Initiation and processing of zoning map amendment:

a.

An amendment which alters the zoning district boundary line may be proposed by the village board or by a person being the owner, lessee or contract purchaser of the subject property by submitting a complete application packet. A complete application packet shall include:

1)

A letter of authorization (with notarized original signature) from the property owner granting the lessee or contractor purchaser of the subject property permission to file the petition;

2)

A completed application (form to be provided by the village clerk's office), with original signature;

3)

A plat of survey showing existing conditions of the site;

4)

A written statement describing how the proposed map amendment conforms to the standards outlined in article 4.H.3.j.2) below;

5)

Any other documentation the planning commission may deem necessary to render a decision; and

6)

Sixteen copies of the required items.

b.

An application for a map amendment may not be processed until an escrow account has been established in conformance with municipal policy.

c.

The application packet shall be filed with the village clerk's office.

d.

Within ten business days, the village clerk shall contact the chairman of the planning commission and shall establish a public hearing date.

e.

Public hearing notification shall be as outlined in section E of this article.

f.

Within five business days of establishing the public hearing date, the village clerk shall send written notice to the planning commissioners, the village board, the village attorney, and the village planner, if one has been selected, informing them of the hearing date.

g.

The village planner may provide a written report to the planning commission analyzing how the proposal does, or does not, comply with the zoning ordinance.

h.

At least 14 business days prior to the hearing date the village clerk shall send copies of the application to the members of the planning commission, village board and village attorney.

i.

Within 30 calendar days of closing the public hearing the planning commission shall render an opinion whether to approve or deny the requested zoning map amendment.

j.

Within 14 business days of making a recommendation, the village planner may submit a written report to the village clerk. This report shall summarize the facts of the case and the public hearing proceedings and shall include a record of the recommendation reached by the planning commission.

k.

Decision of the village board: After recommendation by the planning commission, the village board may, by ordinance, grant an amendment. If the village board does not approve of an amendment after recommendation by the planning commission, it may deny the amendment or refer the proposed amendment back to the planning commission for further consideration.

l.

Standards for zoning map amendments: The commission shall not recommend nor shall the village board grant an amendment to alter the zoning district boundary lines unless it shall make findings based upon the evidence presented to it in each specific case that:

1)

The amendment promotes the public health, safety, comfort, convenience and general welfare and complies with the policies and official land use plan and other official plans of the village;

2)

The trend of development in the area of the subject property is consistent with the requested amendment;

3)

The requested zoning classification permits uses which are more suitable than the uses permitted under the existing zoning classification;

4)

The property cannot yield a reasonable return if permitted to be used only under the conditions allowed under the existing zoning classification;

5)

The subject property has not been utilized under the existing zoning classification for a substantial period of time; and

6)

The amendment, if granted, will not alter the essential character of the neighborhood and will not be a substantial detriment to adjacent property.

4.

Amending the comprehensive land-use plan:

Any amendment to the comprehensive land-use plan shall conform to 65 ILCS 5/11-12-5 as amended.

1.

Authority: The development and execution of this ordinance is based upon the division of the village into zoning districts within which districts the use of buildings, structures and land, and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts, without consideration, in each case, of the impact of those uses upon adjacent land and of the public need for the particular use in the particular location. The village board, after receiving a report from the planning commission containing its findings and recommendations, may allow a special use and any variance requested in connection therewith in a particular zoning district or districts.

2.

Standards for special uses: The planning commission shall not recommend nor the village board grant a special use in a particular zoning district or districts unless it shall make findings based upon the evidence presented to it in each specific case that:

a.

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

b.

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

c.

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

3.

Initiation of special use:

a.

A special use may be proposed by a person being the owner, lessee or contract purchaser of the subject property by submitting a complete application packet. A complete application packet shall include:

1)

A letter of authorization (with notarized original signature) from the property owner granting the lessee or contractor purchaser of the subject property permission to file the petition;

2)

A completed application (form to be provided by the village clerk's office), with original signature;

3)

A plat of survey showing existing conditions of the site;

4)

A site plan illustrating proposal;

5)

A written statement describing how the proposed special use conforms to the standards outlined in section I.2., above;

6)

Any other documentation the planning commission may deem necessary to render a decision; and

7)

Seventeen copies of items the required items.

b.

An application for a special use may not be processed until an escrow account has been established in conformance with municipal policy.

c.

The application packet shall be filed with the village clerk's office.

d.

Within ten business days, the village clerk shall contact the chairman of the planning commission and shall establish a public hearing date.

e.

Public hearing notification shall be as outlined in section E. of this article.

f.

Within five business days of establishing the public hearing date, the village clerk shall send written notice to the planning commission, the village board, the village attorney, the village engineer, and the village planner informing them of the hearing date. The notice to the village engineer and the village planner shall include a complete copy of the application packet.

4.

Public hearing: The planning commission shall conduct a public hearing to consider the merits of the proposed special use. The commission's recommendation shall be based upon the facts presented during the hearing and standards outlined in section I.2., above. Upon the conclusion of the public hearing, the planning commission shall recommend to approve, approve the special use with conditions, or deny the petition.

5.

Decision of the village board: After recommendation by the planning commission, the village board may, by ordinance, grant or grant with modification, the special use. If the village board does not approve of a special use after recommendation by the planning commission, it may deny the special use or refer the proposed special use back to the planning commission for further consideration. If the village board does not concur with the recommendation of the planning commission to deny, the favorable vote of two-thirds of the trustees shall be necessary to pass an ordinance granting the special use.

6.

Conditions and restrictions: The planning commission may recommend and the village board may impose conditions and restrictions upon the premises benefited by a special use as may be necessary to comply with the standards set forth in this section.

a.

If a time limit is set forth by which conditions and restrictions must be completed, they shall be so completed in the time specified. If no such time limit is specified, then the conditions and restrictions shall be completed within one year. The applicant shall be obliged to fulfill and maintain all conditions and restrictions for as long as the special use is utilized or in effect.

b.

Such conditions and restrictions shall be reasonably conceived to fulfill public needs emanating from the proposed land use. Changes or alterations of conditions and restrictions shall be processed in the manner set forth in this section for special uses.

7.

No special use shall be valid for a period longer than one year from the date of the ordinance granting the special use unless a building permit is obtained within such period and the erection or alteration of a building or structure is started or the use is commenced within such period. If the special use is not utilized for any continuous period of one year, said special use shall, to the extent of such non-utilization, become void.

8.

Upon voiding of the special use, the parcel of land shall conform to the permitted uses and other regulations of the zoning district in which it is located unless an amendment or other special use is applied for and granted. This section shall be applicable to all special uses except planned unit developments for which the provisions of article 6 of this title shall apply.

9.

Where conditions have not substantially changed since the date on which the special use was authorized, the owner of a parcel for which a special use has been authorized may, within one year prior to expiration of said special use, request the village board to extend the effective period of said special use for no more than one additional period of up to one year without reapplication to the planning commission.

10.

Changes to approved special uses: A special use shall be established in accordance with the approved plan attached to the ordinance that granted the special use. The site plan referenced in the ordinance shall control and limit the use of the parcel of land (including the general internal use of buildings and structures) and the location of buildings and structures approved as part of the special use request.

a.

Changes to the special use shall be considered to be either a major change or a minor change.

b.

Major changes: Major changes are modifications that alter the concept or intent of the special use. Any one of the following shall be considered a major change to a special use. These changes shall include:

1)

Greater than a five percent cumulative increase or decrease of the total lot coverage for the special use based on the first site plan approved for a specific special use, or any request to exceed the maximum lot coverage permitted in the underlying zoning district;

2)

Greater than five percent increase in the height of any structure or any request to exceed the maximum height permitted in the underlying zoning district;

3)

Greater than five percent cumulative increase or decrease in the number of parking stalls based on the first site plan approved for a specific special use, or any request which reduces the amount of parking provided to less than that required by off-street parking regulations for the specific use per article 9 of this title;

4)

Greater than five percent reduction in the setback of buildings or parking areas or any reduction in setbacks that result in a setback less than the minimum required in the underlying zoning district;

5)

Significant changes to the parking location and access plan for the site (i.e., relocation of parking to areas previously planned for buildings or other uses); and

6)

Changes in the landscape plan that result in a variance from the landscaping regulations and/or negatively impact the surrounding property owners, provided however, the substitution of plant species which provided a denser buffer to adjacent properties than those originally approved shall be considered as minor changes.

c.

Minor changes: Minor changes are those changes not defined as major changes and which do not alter the concept or intent of the special use.

d.

Combined changes: Notwithstanding the foregoing, combinations of two or more changes of the nature described in the preceding subsection which individually do not constitute a major change, shall be considered to be a major change to the special use.

11.

Procedure for amending a special use:

a.

An application for a major change to a special use shall be processed in accordance with the provisions of sections I.3. through I.7. of this article.

b.

An application for a minor change to a special use may be approved by the village board without the review and recommendation of the planning commission. This provision shall not prohibit the village board from requesting the planning commission for its review and recommendation, and/or a public hearing.

c.

Public hearing notification shall be as outlined in section E. of this article.

1.

Site plan review shall be required prior to:

a.

Granting rezoning to any commercial or industrial district;

b.

Granting any special use permit;

c.

Granting a planned unit development; or

d.

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

2.

Application requirements for site plan review:

a.

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

1)

A complete application form furnished by the zoning administrator;

2)

A plat of survey, drawn to scale, per reasonable staff requirement, 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; free-standing 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; storm water 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 title.

4)

A landscape plan as required in the Village of Hinckley Landscape Ordinance.

5)

A tree preservation and removal plan if required by the Village of Hinckley Landscape Ordinance.

6)

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

b.

Additional site plan review application requirements for industrial districts. In addition to the foregoing, 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 4 of this title.

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 8 of this title.

3.

Site plan review procedures.

a.

Village staff review. Upon receipt of a complete application, the zoninig 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 zoninig administrator shall advise the applicant, in writing, that the site plan conforms or fails to conform to the requirements of this title or other provisions of the municipal code. If the site plan fails to conform, the zoninig administrator shall specify the reasons the site plan fails to conform.

b.

Action by the planning commission. Following receipt of the complete application and petitioner's response to staff comments, the planning commission, at its next regularly scheduled meeting, shall review said site plan and the zoninig administrator's advisory report. After reviewing the zoninig administrator's report and the site plan, the planning 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 the village board. Within 30 days of the planning commission's final recommendation concerning the site plan, the village board shall approve, deny, modify, or refer the item to the planning commission for further consideration. When the planning commission recommends denial of a proposed site plan, such site plan when part of a special use shall not be approved except upon the favorable vote of two-thirds of the corporate authorities. When not part of a special use, the affirmative vote of a majority of the Corporate Authorities shall be required.

4.

Appeal:

a.

If the zoninig administrator does not approve a site plan, the applicant may appeal the zoninig administrator's decision to the planning commission. A notice of appeal must be filed with the zoninig administrator no later than 15 days after receipt by the applicant of the decision of the zoninig administrator. Failure by an applicant to file an appeal in accordance with the foregoing provisions shall be deemed to constitute a withdrawal of the application for a site plan zoning certificate.

b.

The planning commission shall act as promptly as practical on any appeal taken in connection with the minor site plan. The planning commission shall approve or disapprove the site plan by action taken by a majority of the planning commission present at any meeting at which a quorum is present. If the planning commission approves the site plan, a building permit may then be issued, provided that all other requirements of all other applicable village codes and ordinances are satisfied.

5.

Standards for site plan review. The zoninig administrator, when evaluating site plans, shall review:

a.

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

b.

Traffic and parking layout so as to minimize danger and conflicts between pedestrians and motorists, and otherwise comply with the requirements of article 9 of this title;

c.

Location of principal structures, accessory structures and free-standing signs, so that the location of accessory structures and free-standing signs do not impede safe and efficient traffic circulation, storm water drainage, or otherwise adversely impact adjoining land improvements;

d.

The zoninig administrator may enlist the services of other village departments and consultants to determine compliance with the provisions of this title and other provisions of the municipal code;

e.

That the proposed use(s) is (are) permitted in the district in which the property is located;

f.

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;

g.

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; and,

h.

That all out-door storage areas are screened and are in accordance with standards specified by this title.

1.

The zoninig administrator, may authorize the temporary use of a building, structure or parcel of land in any zoning or underlying planned unit development district for a building, structure or use of land that does not conform to the regulations prescribed elsewhere in this title for the zoning district in which it is located, provided, however, that such use will not have a potential adverse impact on surrounding properties or public health, safety and general welfare, and shall not exceed a period of more than six months.

2.

Requests for temporary uses for periods in excess of six months, or those having a potential adverse impact on surrounding properties, shall require the village board's approval.

3.

The village board shall only grant such temporary uses for specified periods of time and subject to such conditions as the village board determines to be appropriate to protect against any potential adverse impact on surrounding properties and for safeguarding the public health, safety and general welfare.

Fees, if any, are to be paid at the time of any application for annexation, rezoning, text amendments, variances, special uses, and planned unit developments. Fees and charges shall be as established by the village board.

1.

Complaints regarding violations: Any property owner or tenant of real property may notify the zoninig administrator in writing, of the alleged violation. Upon receipt of such notice, the zoninig administrator shall take whatever action is warranted and inform the complainant in writing what actions have been or will be taken.

2.

Owner(s)' liability: The owner, tenant, or occupant of any building or land or part thereof; any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this title may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.

3.

Procedures upon discovery of violations:

a.

If the zoninig administrator finds that any provision of this title is being violated, he shall send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the zoninig administrator's discretion.

b.

The final written notice (and the initial written notice may be the final notice) shall state what action the zoninig administrator intends to take if the violation is not corrected.

c.

Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this ordinance or pose a danger to the public health, safety, or welfare, the zoninig administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in section M.4. of this article, below.

4.

Penalties and remedies for violations:

a.

Any act constituting a violation of the provisions of this title or a failure to comply with any of its requirements, including violations of any conditions or safeguards established in connection with the grant of a variation or special use permit, shall subject the offender to a fine not less than $100.00 for first offen[s]e and not more than $750.00 for each offense.

b.

Each day that a violation continues after notification by the village that such violation exists shall be considered a separate offense for purposes of the remedies and penalties specified in this section.

c.

Nothing herein shall be construed to prevent the Village of Hinckley from taking such other lawful action as is necessary or appropriate to prevent or remedy any violation.

d.

This title may also be enforced by any appropriate equitable action.

e.

Any one, all, or combination of the foregoing penalties and remedies may be used to enforce this title.