For the purpose of dividing the Village into zones, or districts, restricting and regulating therein the locations, erection, construction, reconstruction, alteration and use of buildings, structures, and land for residential, commercial, industrial and other specified uses; to regulate and determine the area of open spaces surrounding such buildings; to establish building lines and the location of buildings designed for specified industrial, business, residential and other uses within such areas; to fix standards to which buildings or structures shall conform therein; to prohibit uses, buildings or structures incompatible with the character of such districts, respectively; to prevent additions to and alterations or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed hereunder; to lessen congestion in the streets by providing for the off-street parking and loading and unloading of vehicles, providing for the gradual elimination of nonconforming uses of land, buildings and structures; and prescribing penalties for the violation of the Code; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to conserve the taxable value of land and buildings throughout the Village; and to promote the public health, safety and general welfare.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

In order to carry out the purpose and provisions of this Code, the Village of Hoffman Estates is hereby divided into the following districts:

AG Agricultural District

R-1 One Family Residential District
R-2 One Family Residential District
R-3 One Family Residential District
R-4 One Family Residential District
R-5 One Family Residential District
R-6 One Family Residential District
R-7 One Family Residential District
R-8 Two Family Residential District
R-9 Planned Development District
R-10 Attached Single Family Dwelling  Residential District
RPD Residential Planned Development District
RAA Residential Active Adult District

TN Traditional Neighborhood District

A-1 Apartment District

O-1 Office District
O-2 Office and Research District
O-3 Office and Research Tollway District
O-4 Office and Research Campus District
O-5 Office District

B-1 Neighborhood Business District
B-2 Community Business District
B-3 Business District
B-4 Business District

C-MU Commercial/Mixed Use District

M-1 Manufacturing District
M-2 Manufacturing District

H Historical District

CDO Cannabis Dispensary Overlay District

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11; Ord. No. 4350-2013, § 1, 1-14-13; Ord. No. 4582-2017, § 1, 5-1-17; Ord. No. 4772-2019, § 1, 12-16-19)

The location and boundaries of the districts established by this Code are shown upon the zoning map which is published annually as required by law. The said zoning map, together with all notations, references, and other information shown thereon, and all amendments thereto, shall have the same force and effect and be as much a part of this Code as fully set forth and described herein.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

Where district boundary lines are indicated as following streets or extensions thereof, such boundary lines shall be construed to be the centerlines of said streets or extensions thereof.

District boundary lines shown on the zoning map are intended to coincide with the lot lines. Where a boundary line coincides approximately with a lot line which existed on the effective date of the incorporation of such boundary line into the zoning maps, the said boundary line shall be construed to be the lot line at that location.

In unsubdivided property the district boundary line on the zoning maps shall be determined by use of the scale appearing thereon. Streets which are shown on the zoning maps and which have heretofore been vacated, or which may hereafter be vacated, shall be in the same district as the lots, pieces, parcels abutting each side of the street involved. If the lots, pieces or parcels abutting each side of the street where located in different districts before the said street was vacated, the centerline of such vacated street shall be the boundary line of the respective districts.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

The Assistant Village Manager-Development Services shall enforce this Code and, in addition thereto and in furtherance of said authority, shall:

A.

Issue all Certificates of Occupancy, and make and maintain records thereof;

B.

Conduct inspections of buildings, structures, and uses of land to determine compliance with the terms of this Code;

C.

Maintain permanent and current records of this Code, including, but not limited to, all maps, amendments and special uses, variations, appeals and applications therefore.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

The Village Clerk shall publish in pamphlet form, and maintain records of, all ordinances that pertain to this Code. Also, the Village Clerk shall record all legal publications that pertain to this Code.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

The Planning and Zoning Commission of the Village of Hoffman Estates, in addition to its powers and duties as prescribed by other ordinances of the Village and State Statutes, shall hear and act upon all applications for amendments to THE ZONING MAP OF THE VILLAGE OF HOFFMAN ESTATES, to the text of this Code, variations, appeals and special uses in a manner and subject to the standards prescribed herein and report its findings and recommendations to the Village Board.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

Any reference to either the Plan Commission or the Zoning Board of Appeals shall hereafter be seen as a reference to this combined Planning and Zoning Commission and any power or responsibility delegated to either individual body shall henceforth be the power or responsibility of this combined Commission.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by any officer, division or employee of this Village unless the application for such permit has been examined by the Code Enforcement Division and the Director of Code Enforcement has certified that the proposed building or structure complies with all the provisions of this Code. Any permit or certificate of occupancy issued in conflict with provisions of this Code shall be null or void.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

Every application for a building permit shall be accompanied by the following:

A.

A plat of the piece or parcel or land, lot, lots, 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 piece or parcel, lot, lots, block or blocks, or portions thereof, according to the registered or recorded plat of such land.

B.

A plat drawn to scale in such form as may, from time to time, be prescribed by the Director of Code Enforcement, showing the ground area, height and bulk of the building or structure, the building lines in relation to lot lines, and the use to be made of the building or structure or land, and

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

A.

No building, or addition thereto, constructed after the effective date of this Code and no addition to a previously existing building shall be occupied, and no land vacant on the effective date of this Code shall be used for any purpose, until a certificate of occupancy has been issued by the Code Enforcement Division. No change in a use other than that of a permitted use in a district shall be made until a certificate of occupancy has been issued by the Code Enforcement Division. Every certificate of occupancy shall state that the use of occupancy complies with all the provisions of this Code.

B.

Every application for a building permit shall be deemed to be an application for a certificate of occupancy. Every application for a certificate of occupancy for a new use of land where no building permit is required shall be made directly to the Code Enforcement Division.

C.

No certificate of occupancy for a building or addition thereto constructed after the effective date of this Code, shall be issued, and no addition to a previously existing building shall be occupied until the construction is completed, and until the premises have been inspected and certified by the Code Enforcement Division to be in compliance with all requirements of this Code and standards that may be prescribed by the Village Board. A certificate of occupancy shall be issued, or written notice shall be given to the applicant stating the reason why a certificate cannot be issued, not later than 30 days after the Code Enforcement Division has conducted a final inspection of a building or addition.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

A.

In their interpretation and application, the provisions of this Code shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and welfare.

B.

Where the conditions imposed by any provision of this Code upon the use of land or buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this Code or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern.

C.

This Code is not intended to abrogate any easement, covenant or any other private agreement, provided that where the regulations of this Code are more restrictive (or impose higher standards or requirements) than such easements, covenants, or other private agreements, the requirements of this Code shall govern.

D.

No building, structure, or use which was not lawfully existing at the time of the adoption of this Code shall become or be made lawful solely by reason of the adoption of this Code and to the extent that, and in the manner that, said unlawful building, structure, or use is in conflict with the requirements of this Code, said building, structure, or use remains unlawful hereunder.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

A.

All buildings erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this Code which are applicable to the districts in which such buildings, uses, or land shall be located.

B.

Where, however, a building permit for a building or structure has been issued in accordance with the law prior to the effective date of this Code, and provided that construction is begun within six months from such effective date and diligently pursued to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and, further, may upon completion be occupied under a certificate of occupancy by the use for which originally designated and subject thereafter to the provisions of Section 9-1-14-Nonconforming Buildings, Structures and Uses.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

Any nonconforming use, building or structure which existed lawfully at the date of the adoption of this Code and which remains nonconforming, and any such use, building or structure which shall become nonconforming upon the date of the adoption of this Code or any subsequent amendment hereto, may be continued or converted to a conforming use, provided:

A.

No structural alterations shall be made to a nonconforming building or structure, except as may be required by law or to make the building or structure and use thereof conform to the regulations of the district in which located, except that one-family detached residences shall be exempt from this requirement provided the alteration does not affect the nonconforming portion of the structure and that any nonconforming driveway is brought into compliance.

B.

No such nonconforming building or structure shall be moved in whole or in part to any new location, unless made to conform to all regulations of the district to which moved.

C.

A nonconforming building or structure which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration of the destroyed or damaged portion shall exceed 50 percent of the cost of the restoration of the entire building new, shall not be restored unless made to conform to all regulations of the district in which located.

D.

Any nonconforming building or structure which is or hereafter becomes vacant and remains unoccupied or is not used for a continuous period of one year, shall not thereafter be occupied or used except by a use which is conforming.

E.

Any nonconforming use which is discontinued for a period of one year shall not be renewed.

F.

No nonconforming building or structure or use shall be enlarged, expanded or extended, nor shall any such building, structure or use be changed to another nonconforming use, except that one-family detached residences may be expanded provided the expansion does not increase the size of the nonconforming portion of the structure and that any nonconforming driveway is brought into compliance.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

A.

Purpose and Intent. The Planning and Zoning Commission may recommend to the Village Board variations of the regulations of this Code in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where the Planning and Zoning Commission makes a finding of fact based upon the standards hereinafter prescribed, that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this Code.

B.

Application for Variation and Notice of Hearing. An application for variation shall be filed with the Planning and Zoning Commission.

1.

The application shall contain such information as the Planning and Zoning Commission may from time to time by rule provide.

2.

Not more than 90 days after the filing of such application, a hearing shall be held on the application.

3.

Notice of the hearing shall be published at least once, not more than 30 nor less than 15 days before the hearing, in one or more newspapers published, or of general circulation in the Village of Hoffman Estates.

4.

The notice shall state the particular location for which the variation is requested as well as a brief statement explaining the proposed variation.

C.

Standards for Variations.

1.

The Planning and Zoning Commission shall not recommend the variation of the regulations of the Code unless it shall first make a finding based upon the evidence presented to it in each specific case that:

a.

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

b.

The plight of the owner is due to unique circumstances;

c.

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

2.

For the purpose of implementing the above rules, the Planning and Zoning Commission shall also, in making its determination whether there are practical difficulties or particular hardships, take into consideration the extent to which the following facts favorable to the applicant have been established by the evidence[:]

a.

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

b.

The conditions upon which the petition for a variation is based would not be applicable, generally, to other property within the same zoning classification;

c.

The purpose of the variation is not based exclusively upon a desire to increase the value of the property;

d.

The alleged difficulty or hardship has not been created by any person presently having an interest in the property;

e.

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

f.

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

3.

The Planning and Zoning Commission may recommend to the Village Board that such conditions and restrictions be imposed upon the premises benefitted by a variation as may be necessary to comply with the standards set forth in this section to reduce or minimize the injurious effect of such variation upon other property in the neighborhood, and better to carry out the general intent of this Code.

D.

Authorized Variations. Variations from the regulations of this Code may be recommended by the Planning and Zoning Commission only in accordance with the standards set forth in this section and may be recommended in the following instances and others:

1.

To permit any yard or setback less than the yard or setback required by the applicable regulations.

2.

To permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots but in no event shall the respective area and width of the lot or lots be less than 90 percent of the required area and width.

3.

To permit exceptions to the height regulations imposed hereunder.

E.

Vote Required. The concurring vote of a majority of the commission members in attendance, and a minimum of four favorable votes, shall be necessary to recommend any variations to the Village Board.

F.

Action by the Village Board. All decisions and findings of the Planning and Zoning Commission upon variations arrived at after hearing shall in all instances be referred to the Village Board with a report (containing findings of fact) and recommendations; and the Village Board, after receiving the report and recommendation of the Planning and Zoning Commission and without further public hearing:

1.

May adopt by ordinance any proposed variation.

2.

May deny any proposed variation.

3.

May refer it back to the Planning and Zoning Commission for further consideration.

G.

Revocation. Revocation of any variation shall occur:

1.

In any case where a variation is granted, but not used or utilized within one year from its granting by the Village Board, said variation shall be null and void.

2.

Upon authorization by the Village Board to conduct a hearing for revocation of a granted variation, the Planning and Zoning Commission shall conduct a hearing to consider revocation of the variation. At this hearing the Planning and Zoning Commission will determine if the Standards for Variation outlined in Section 9-1-15-C are still present to justify the variation and forward their findings of fact and recommendation to the Village Board. If the Village Board denies a recommended revocation of a variation no further hearings regarding revocation of the variation shall be heard for a period of one year from the date of that decision.

H.

Repealed.

I.

Effect of Denial of Variation. No application for a variation which has been denied by the Village Board shall be submitted for a period of two years from the date of said order of denial except on the grounds of new evidence or proof of changed conditions found to be valid by the Village Board.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

A.

Scope of Appeal.

1.

An appeal may be taken to the Planning and Zoning Commission by any person, firm or corporation, or by any officer, department, Board or bureau aggrieved by a decision of the Department of Development Services.

2.

Such appeal shall be taken within such time as shall be prescribed by the Planning and Zoning Commission by general rule, by filing with the Department of Development Services and with the Commission a notice of Appeal, specifying the grounds thereof.

3.

The Department of Development Services shall forthwith transmit to the Planning and Zoning Commission all of the papers constituting the record upon which the action appealed was taken.

B.

Findings of Appeal.

1.

An appeal shall stay all proceedings in furtherance of the action appealed from unless the Department of Development Services certifies to the Planning and Zoning Commission after the notice of appeal has been filed with the Planning and Zoning Commission that by reason of facts stated in the certificate of stay would, in the Code Enforcement Director's opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Planning and Zoning Commission or by a court of record on application, on notice to the Department of Development Services and Planning and Zoning Commission and on due cause shown.

2.

The Planning and Zoning Commission shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a written decision on the appeal without unreasonable delay.

3.

The Planning and Zoning Commission may affirm or may, upon the concurring vote of a majority of the commission members in attendance, and a minimum of four favorable votes, reverse, wholly or in part, or modify the order, requirement, decision, or determination, as in its opinion ought to be done, and to that end shall have all the powers of the officer from whom the appeal is taken.

4.

The Department of Development Services shall maintain complete records of all actions of the Planning and Zoning Commission relative to appeals and shall keep the proper committee of the Village Board informed on a current basis of the disposition of each case.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

A.

Authority. For the purposes of promoting the public health, safety, morals, comfort, and general welfare, conserving the values of property throughout the Village, and lessening or avoiding congestion in the public streets and highways, the Village Board may, from time to time, in the manner hereinafter set forth, amend the regulations imposed and the districts created by this chapter, provided that in all amendatory ordinances adopted under the authority of this section, due allowance shall be made for (a) existing conditions, (b) the conservation of property values, (c) the directions of building development to the best advantage of the entire Village, and (d) the uses to which property is devoted at the time of the adoption of any such amendatory ordinance.

B.

Initiation of Amendment. Amendments may be proposed by the President, any Trustee, or by any interested person or other organization.

C.

Hearing on Application. Public hearings for Code text amendments and zoning map amendments shall be conducted by the Planning and Zoning Commission. Hearings on such applications shall be held at such time and place as shall be established by the Village Board, and the hearing shall be conducted and a record of such proceedings shall be preserved in such manner as the Planning and Zoning Commission shall, by rule, prescribe from time to time.

D.

Notice of Public Hearing.

1.

Notice of the time and place of such hearing shall be published at least once in a newspaper published, or a general circulation in the Village of Hoffman Estates, not more than 30 nor less than 15 days before such hearing.

2.

Supplemental or additional notices may be published or distributed as the Planning and Zoning Commission may, by rule, prescribe from time to time.

E.

Findings of Fact and Recommendations.

1.

After the close of the hearing on a proposed amendment, the Planning and Zoning Commission shall make a written finding of fact and shall submit same with its recommendation to the Village Board.

2.

Where the purpose and effect of the proposed amendment is to change the zoning classification of a particular property, the Planning and Zoning Commission, shall make findings based upon the evidence presented to it in each specific case with respect to the following:

a.

Existing uses of property within the general area of the property in question;

b.

The zoning classification of property within the general area of the property in question;

c.

The suitability of the property in question for the uses permitted under the existing zoning classification;

d.

The trend of development, if any, in the general area of the property in question, including changes, if any, which may have taken place since the day the property in question was placed in its present zoning classification.

3.

The Planning and Zoning Commission, shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment is in the public interest and is not solely for the interest of the applicant.

4.

The Planning and Zoning Commission may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than requested by the applicant.

5.

For the purpose of this section, the R-1 Residential District shall be considered the highest classification and the M-2 Manufacturing District shall be considered the lowest classification.

F.

Action by the Village Board.

1.

The Village Board shall not act upon a proposed amendment to this Code until it shall have received a written report and recommendation from the Planning and Zoning Commission on the proposed amendment.

2.

In cases where the Planning and Zoning Commission recommends that a proposed amendment not be adopted or in case of written protest against any proposed amendment, signed and acknowledged by 20 percent of the owners of contiguous properties within 300 feet that would be contiguous except for publicly dedicated property including streets, filed with the Village Clerk, such amendment shall not be passed except by the favorable vote for two-thirds of all Trustees of the Village.

3.

If an application for a proposed amendment is not acted upon by the Village Board within one year of the date upon which said application is filed with the Planning and Zoning Commission it shall be deemed to have been denied.

G.

Minimum Size of Parcel. A lot, lots or parcel of land shall not qualify for a zoning classification amendment unless it possesses 100 feet of frontage or contains 30,000 square feet of area, or adjoins a lot, lots, or parcel of land which bears the same zoning district classification as the proposed zoning classification amendment.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

A.

Existing Special Use. Where a use is classified as a special use under this Code and exists as a special or permitted use at the date of the adoption of this Code, it shall be considered to be a legal special use.

B.

Purpose. The development and execution of a zoning code is based upon the division of the Village into districts, within districts the use of the land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform.

C.

Where a use is not allowed as a special or permitted use under this Code, and exists as a special use at the date of the adoption of this Code, it shall be considered to be a nonconforming use and shall be subject to the provisions of Section 9-1-14 hereof.

D.

It is recognized, however, that there are special uses which, because of their unique characteristics, cannot properly be classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two categories:

1.

Uses publicly operated or traditionally affected with a public interest.

2.

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

E.

Initiation of Special Use. Any person having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which is specifically enforceable, may file an application to use such land for one or more of the special uses provided for in this Code in the zoning district in which the land is situated.

F.

Application for Special Use.

1.

An application for a special use shall be filed with the Planning and Zoning Commission.

2.

The application shall be accompanied by such plans and/or data prescribed by the said Planning and Zoning Commission and shall include a statement in writing by the applicant and adequate evidence showing that the proposed special use will conform to the standards set forth in Section 9-1-18-I.

G.

Hearing on Application. Upon receipt in proper form of the application and statement referred to in Sub-Section F, the Planning and Zoning Commission shall hold a public hearing on such application, and at least 15 days in advance of such hearing shall cause notice of the time and place of such hearing to be published once in a newspaper published in, or of general circulation in the Village of Hoffman Estates.

H.

Authorization.

1.

For each application for a special use the Planning and Zoning Commission shall report to the Village Board its findings and recommendations, including the stipulations or additional conditions, and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest.

2.

The Village Board may require and receive of the Planning and Zoning Commission their recommendations based on a review of the site plan for development.

3.

The Village Board may grant or deny any application for a special use; provided, however, that in the event of written protest against any proposed special use, signed and acknowledged by 20 percent of the owners of contiguous properties to the subject property including properties within 300 feet that would be contiguous except for publicly dedicated property including streets, filed with the Village Clerk, such special use shall not be granted except by the favorable vote of two-thirds of all the Trustees of the Village.

I.

Standards. No special use shall be recommended by the Planning and Zoning Commission unless said Planning and Zoning Commission shall find:

1.

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

2.

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

3.

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

4.

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

5.

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

6.

That the special use shall in all other respects conform to the applicable regulations of the district in which it is located, except in each instance as such regulations may be modified by the Village Board pursuant to the recommendation of the Planning and Zoning Commission; and

7.

That the special use shall support the economic development goals of the Village as conveyed through the Village's Comprehensive Plan, or other relevant adopted sub-area or strategic plans.

J.

Conditions and Guarantees.

1.

Prior to the granting of any special use the Planning and Zoning Commission may recommend, and the Village Board shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in Section 9-1-18-I.

2.

In all cases in which special uses are granted, the Village Board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be, complied with.

K.

Effect of Denial of a Special Use. No application for a Special Use which has been denied by the Village Board shall be resubmitted for a period of two years from the date of said order of denial except on the grounds of new evidence or proof of changed conditions found to be valid by the Village Board.

L.

Revocation. In any case where a special use has not been established within one year from the date of granting thereof, or, in any case where a special use has been established, but subsequently not used for a period of six months.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11; Ord. No. 5018-2023, § 2, 4-17-23)

A.

Authority. The Village Board may, in accordance with the procedures and standards set out in this section, and by ordinance duly adopted, grant special use authorizing the development of Planned Developments, but only in the districts where such developments are listed as an authorized special use.

B.

Time for Applications. It is the intent of the Village Board that the provisions within this section are to be valid until the enactment of the Unified Development Ordinance. Upon adoption of the Unified Development Ordinance, all applications must be made pursuant to that process and no applications may be made pursuant to this Section. Applications received prior to the expiration of this Section must be complete and include all of the requirements of subsections H and I below in order to be reviewed pursuant to the requirements of this limited-time process. Any incomplete applications received prior to the expiration of this Section shall proceed according to the permanent process.

C.

Applications pending at the enactment of the Unified Development Ordinance. Any complete application submitted prior to the expiration of this Section must complete all requirements necessary for submission to the Village Board for approval or denial no later than nine months after the date the application was submitted. Failure to complete the review process in this time period shall result in the application being reviewed pursuant to the requirements of the permanent process. Any change in ownership after the submission of an application shall result in the application being reviewed pursuant to the permanent process. Nothing in this Section shall prevent an applicant from electing to have an application that was reviewed prior to the expiration of this Section reviewed pursuant to the permanent process.

D.

Purpose. Planned Developments are included in this section as a distinct category of special use. As such, they are authorized for the same general purposes as all other special uses. The Planned Development is intended to allow the flexible application of substantive requirements of Chapters 9 and 10 of the Municipal Code for developments that meet certain criteria as outlined in this section. This special regulatory approach is included in this Chapter in recognition of the fact that traditional regulations, which may be useful in protecting the character of substantially developed and stable areas, may impose inappropriate regulations and rigidities upon the development or redevelopment of parcels or areas that lend themselves to an individual, planned approach. Through the flexibility of the Planned Development process, the village seeks to achieve the following specific objectives:

1.

Creation of a more desirable environment than would be possible through strict application of other Village land use regulations.

2.

Promotion of a creative approach to the use of land and related physical facilities resulting in better design and development, including aesthetic amenities.

3.

Preservation and enhancement of desirable site characteristics such as natural topography, vegetation, and geologic features, and the prevention of soil erosion.

4.

Combination and coordination of architectural styles, building forms, and building relationships.

5.

Provision for the preservation and beneficial use of open space.

6.

Encouragement of land uses that promote the public health, safety, and general welfare.

7.

Support the economic development goals of the Village, as conveyed through the Village's Comprehensive Plan, or other relevant adopted sub area or strategic plans.

E.

Authorized Districts. A special use for a Planned Development will only be allowed in the following zoning districts:

1.

B-2 Community Business District.

2.

B-3 Business District.

3.

B-4 Business District.

4.

O-5 Office District.

5.

M-1 Manufacturing District.

F.

Authorized Uses.

1.

Primary Uses.

a.

Dwelling-Multiple.

2.

Accessory uses. Accessory uses including, but not limited to, the following:

a.

Club houses, pools, patios, decks, gazebos, parks, sports courts, and other structures designed to provide support amenities for the multi-family use.

b.

Home occupations.

c.

Those uses listed as permitted uses within the B-1 Neighborhood Business District.

G.

Parties Entitled to Seek Planned Development Approval. An application for a special use for a Planned Development may be filed by the owner of, or any person having a contractual interest in, the subject property.

H.

General Requirements for Planned Development. The following are required for all Planned Developments:

1.

Unified Ownership Required. A Planned Development shall be under single ownership or unified control to ensure that the entire property will be developed, constructed, and maintained as a unified whole. No conveyance of any portion of the property within the Planned Development shall occur without approval of a minor amendment to the special use for a Planned Development as outlined in Section 9-1-18A-K-3.

2.

Minimum Area. The minimum area for a proposed Planned Development is two-acres; provided, however, that the applicant shall have the burden of establishing that the property is of sufficient size and shape for the proposed Planned Development and to be planned and developed as a unified whole capable of meeting the objectives for which Planned Developments may be established pursuant to this section.

3.

Covenants and Restrictions Required. In the event of multiple parcels not under single ownership, unified control will be required in the form of covenants, deed restrictions, easements, and similar restrictions to be recorded in connection with the Planned Development to provide for maintenance of common areas, shared access, parking and other site operational requirements as applicable.

4.

Public Open Space and Contributions. Donations shall be provided in accordance with Section 10-9-1.

I.

Procedure for Approval of Planned Development. The procedure to be followed in considering applications for a special use for a Planned Development shall be as follows:

1.

Special Use. Applications for Planned Developments shall follow the process outlined in Section 9-1-18 to obtain a special use. No special use for a Planned Development shall be granted unless the standards found in Section 9-1-18-I are met. In conjunction with this application, all documents as outlined in Section 9-1-18A-J-2 shall be submitted as part of the application submittal.

2.

Plat of Subdivision and/or Easement. For all Planned Developments involving the subdivision of land or granting of easements, a plat of subdivision and/or easement shall be required in accordance with Section 10-6-3 of the Subdivision Code.

3.

Building Permit. Following approval of an ordinance granting a special use for a Planned Development, a building permit shall be required. Building permit applications shall be made in accordance with requirements of Chapter 11 of the Municipal Code and the requirements of Section 9-1-18A-J.

J.

Submission for Planned Development.

1.

Staff Pre-Application Meeting. A formal meeting to review the proposed Planned Development shall be held with Village staff for discussion of the proposed development relative to the requirements of this Chapter 9 and other sections of the Municipal Code. The petitioner, along with all consultants responsible for preparing plans, studies and documents for the Planned Development plan, shall be present at the pre-application meeting. Prior to this meeting, the applicant shall submit the following materials and any other items that may be required by Village staff to provide useful background for the review team:

a.

A scaled drawing in sketch form showing the proposed location and extent of the land uses, major streets, lots, environmental areas, stormwater management facilities, and other features as needed to convey the proposed form of development.

b.

A general description of the proposed Planned Development, the planning objectives to be achieved by it, including the rationales and assumptions of the applicant supporting the proposed Planned Development, and the market it is intended to serve.

2.

Development Documents for Planned Development. The following items are required for submission for approval of a Planned Development:

a.

Completion of an application in a form as determined by the Development Services Department.

b.

Legal description.

c.

Plat of Survey.

d.

Proof of ownership or interest in property, including current Title Report.

e.

A written statement addressing the following matters:

(1)

A general description of the proposed Planned Development, the planning objectives to be achieved by it, including the rationales and assumptions of the applicant supporting the proposed Planned Development, and the market it is intended to serve.

(2)

How the proposed Planned Development is to be designed, arranged, and operated so as not to adversely affect the development and use of neighboring property in accordance with applicable regulations of this title.

(3)

A summary of existing natural and environmental resources and features on the subject property, including its topography, vegetation, soils, geology, and scenic view, and the impact of the proposed Planned Development on such resources and features, including proposals to preserve or protect such resources and features.

(4)

Applicant's intent with respect to the ownership, sale and leasing of the various completed units, structures, spaces and areas within the proposed Planned Development.

(5)

A development schedule for each and every stage of construction stating the approximate beginning and completion date, proportion of total public or common open space to be provided for each use and with each development stage.

(6)

A summary of density of residential uses, including the number of dwelling units by type, the number of buildings by type and the number of bedrooms in each building and dwelling unit type.

(7)

Information on the type and amount of primary and accessory uses, including the amount of open space.

(8)

A detailed summary of existing bicycle, pedestrian, and transit improvements serving the site and what improvements will be made to enhance or maintain connectivity within the Planned Development and surrounding network.

(9)

Economic impact summary addressing the economic impacts of the Planned Development on the community including sales tax, equalized assessed property values, transit ridership, employer housing and workforce, etc.

(10)

A summary of areas proposed to be conveyed, dedicated or reserved for public uses including parks, playgrounds and open spaces.

f.

Site plan indicating:

(1)

Property lines, lot dimensions, and total gross acreage.

(2)

Public rights-of-way and easements, including street pavement widths.

(3)

Buildings, structures, and other constructed features (such as fences), with entry and exit points. Building areas, construction types, and heights shall be included.

(4)

All paved surfaces (hardscape), including, but not limited to pedestrian and vehicular travel areas.

(5)

Parking areas, including delineated spaces, handicapped spaces, curbs, and planted islands.

(6)

Landscaped areas.

(7)

Natural site features such as water bodies, wetlands, streams, rock outcroppings, etc.

(8)

Transformers and HVAC equipment.

(9)

Conditions on adjacent properties such as buildings, streets, driveways, parking lots, fences and related improvements.

(10)

Fire hydrants.

(11)

Fire Department Connection (FDC).

(12)

Fire lanes.

(13)

Freestanding signs.

(14)

Site lighting.

(15)

Trash storage area and loading areas.

(16)

Chart with all relevant zoning data such as FAR, building height, lot coverage, density, setbacks, parking ratios (by bedroom and unit), etc.

g.

Architectural floor plans.

h.

Building elevations.

i.

Colored renderings.

j.

Site lighting including locations, heights, types and specifications of all exterior fixtures, including, but not limited to, freestanding, wall mounted, ground mounted, security lighting fixtures, and decorative or accent lighting.

k.

Fire apparatus auto-turn exhibits, and location of Fire Department Connection (FDC).

l.

Preliminary landscape plan including, but not be limited to, the following information:

(1)

North arrow, scale, developer/owner name and address, name and address of landscape architect, and date of preparation.

(2)

Locations of existing features and proposed improvements.

(3)

A tree survey and preservation plan.

(4)

Property lines.

(5)

All buildings and other structures, paved areas, planted areas, utility poles, fire hydrants, sign locations, fences, underground and overhead utility lines, and any other existing or proposed permanent features.

(6)

All streets, sidewalks, curbs and gutters, drainage ditches, and other improvements within and adjacent to the site.

(7)

Locations, sizes, quantity and types (groundcover, shrubs, and ornamental, shade and evergreen trees) of all proposed plantings. Plant sizes shall be scaled to reflect sizes five years after planting.

(8)

Location of existing natural site features (including, but not limited to, wetland areas, water bodies, streams, rock outcroppings). Locations of existing and proposed berms shall also be shown.

(9)

Site drainage information, including existing and proposed contours (to verify that the proposed landscaping is compatible with site drainage patterns).

(10)

Calculations of landscape area.

m.

Signage plan detailing a narrative and graphic explanation of the following:

(1)

Number, location, type and placement of signs on the subject property;

(2)

Sign materials and methods of illumination;

(3)

Height and size of signs and sign band areas.

n.

Preliminary engineering plan indicating storm sewer lines, sanitary sewer lines, water mains and storm water detention or retention facilities and proposed grading plans.

o.

Preliminary stormwater report to meet the requirements of the Metropolitan Water Reclamation District (MWRD) Watershed Management Ordinance (WMO) and applicable portions of Municipal Code. The stormwater management design shall be incorporated into the preliminary plans and required calculations/reports shall be prepared and submitted concurrently with the preliminary engineering.

p.

Draft of all proposed bylaws, covenants, easements, maintenance and other agreements, wherever applicable.

q.

Traffic Impact Study and Parking Study.

r.

Preliminary and Final Plat of Subdivision (if required) in accordance with the requirements of Section 10-6-3.

s.

Ultimate population table per Section 10-9-1.

t.

Fiscal Impact Analysis indicating the possible tax consequences the proposed Planned Development will have upon the Village and other affected taxing bodies.

u.

Market Study.

v.

Other information, documents or plans as may be determined necessary by the Department of Development Services to complete the evaluation of the request.

K.

Building Permit for Planned Development. No building permit shall be issued without prior Village Board approval of an ordinance for a special use for a Planned Development. The following items shall be required as part of a submittal for a building permit, in addition to all other permit requirements of Chapter 11 of the Municipal Code:

1.

Final engineering plans and details for all utilities, stormwater retention and drainage, and grading.

2.

Final stormwater management report to meet the requirements of the Metropolitan Water Reclamation District (MWRD) Watershed Management Ordinance (WMO). The stormwater management design shall be incorporated into the final engineering plans and required calculations/reports shall be prepared and submitted concurrently with the final engineering.

3.

Professional engineer's estimate of probable cost for all public and project improvements. A line item cost estimate for all site improvements is required, including the following work categories, at a minimum:

a.

Site Grading.

b.

Erosion Control.

c.

Sanitary Sewer.

d.

Storm Sewer (including stormwater detention, volume control).

e.

Water Main.

f.

Pavement (roadway, parking lot, sidewalk, curb and gutter).

g.

Site Restoration.

h.

Landscaping.

i.

Lighting.

4.

Final construction staging plan, including a construction schedule.

5.

Final, recorded copy of all bylaws covenants, easements, and maintenance agreements as requested by the Village.

6.

Final lighting plan and specifications including the following:

a.

A photometric plot, measured in footcandles. The plot shall include all existing and proposed fixtures on and adjacent to the subject site that affect the site.

b.

Minimum illumination levels and uniformity ratios.

7.

Final landscape plan in substantial conformance with the approved preliminary landscape plan. In addition to those items provided on the preliminary plan, the final landscape plan shall include the following information:

a.

Species of all proposed plantings and a proposed material schedule (in tabular form), listing: botanical name; common name; size; and quantity. Shade, evergreen, and ornamental tree dimensions shall be scaled to reflect sizes five years after planting in lieu of size at full maturity.

b.

A cost estimate for landscape materials under separate cover or on the landscape plan.

c.

Proposed treatment of all ground surfaces; i.e., stone materials, bark, sod, seed and/or other.

d.

Irrigation plan, including the location and type of system to be provided.

e.

Building elevations, cross sections, renderings and/or photographs to show relationship of proposed plantings to buildings.

8.

Other information, documents or plans as may be determined necessary by the Department of Development Services to complete building permit review.

L.

Amendments to Approved Planned Developments. Amendments to approved Planned Developments shall be reviewed by the Director of Development Services, who shall determine whether the changes are "staff level", "administrative", "minor" or "major" and outlined below:

1.

Staff level changes shall be reviewed by Department of Development Services staff for compliance with all code requirements and shall be limited to non-significant impact alterations to an approved Planned Development, such as a change in species of plant material, minor adjustment in building materials, the addition of outdoor seating at a restaurant where there is no negative impact on parking or pedestrian access, addition of a dumpster or utility screen, or other minimal changes that do not materially affect the operational impacts or aesthetics of an approved Planned Development. Such changes may be approved through the issuance of a building permit, where necessary.

2.

Administrative amendments shall be limited to the addition of landscaping and other changes to the project that meet or exceed current code requirements where feasible in consideration of the existing improvements present on the site, and where a maximum increase to the gross building floor area would be not more than 20 percent of the existing gross floor area. An administrative Planned Development amendment may be granted if the above changes, on a long-term basis, will not substantially increase traffic to the location, the amount of noise, artificial light or other impacts. Such administrative Planned Development amendments may be approved by the Village Manager, following review procedures established by the Village.

3.

Minor amendments to previously approved applications shall be acted upon by the Village Board, after review and recommendation by the Planning, Building and Zoning Committee, who shall receive a recommendation from the Department of Development Services for consideration and final action on such amendments.

4.

Major amendments to previously approved applications shall be conducted in accordance with the procedures and requirements for Planned Developments review (including public hearing before the Planning and Zoning Commission and final consideration by the Village Board) as specified in this Chapter. Major amendments shall also require an amendment to the special use for a Planned Development and shall be approved by Ordinance.

M.

Waiver of Submittal Documents. The Director of Development Services may upon written request by the applicant, and in the discretion of the Director of Development Services, waive one or more of the required applications submittals set forth in Section 9-1-18A-J. Any request by an applicant for such a waiver must be submitted at the time of application and must include specific reasons why such a waiver is being sought.

N.

Site Design and Bulk Requirements.

1.

Bulk Regulations. To promote flexibility in design while meeting the purpose of this section, Planned Developments are not subject to the bulk regulations of the underlying zoning district. Instead, the following regulations shall apply:

2.

Site Design Regulations. Planned Developments shall comply with the all site design regulations of Chapter 10 of the Municipal Code (the Subdivision Code), with the exception of Article 1, Article 2 and Article 6 of Chapter 10. If there is a conflict between this section and the requirements of Chapter 10, the regulations within this section shall govern. Approval of a building permit for an approved Planned Development shall be considered equivalent to site plan approval as outlined in Section 10-1-2-A and 10-2-1-B. Under no circumstance will a development be required to receive both Planned Development and site plan approval.

3.

Off Street Parking Regulations. The provisions of Section 9-3-2 and Section 10-5-2 shall apply. Proposed parking counts must be supported by evidence including, but not limited to the most recent edition of the ITE Parking Generation Manual and actual demand data from existing developments similar in nature to that being proposed.

4.

Signage. Signage shall be considered as part of the overall Planned Development, based upon plans submitted. Plans shall include detailed information about all proposed freestanding and wall signs, including the materials, exact dimensions, and proposed lighting. Signage requirements found within Section 9-3-8 shall not otherwise apply, with the exception of Section 9-3-8-A through Section 9-3-8-L.

5.

Exceptions from Regulations. The Village Board may, at their sole discretion, approve exceptions from the bulk regulations for Planned Developments, or from any other pertinent requirements as found in Chapter 10, provided the applicant specifically identifies each such exception and demonstrates how each such exception would be compatible with surrounding development; is in furtherance of the stated objectives of this section; and is necessary for proper development of the site.

O.

Conditions on Planned Development Approvals. The approval of Planned Development may be conditioned on such matters as the Village Board may find necessary to prevent or minimize any possible adverse effects of the proposed Planned Development; or to ensure its compatibility with surrounding uses and properties and its consistency with the general purposes, goals, and objectives of this Chapter, Chapter 10 of the Municipal Code, and the Comprehensive Plan, or other relevant sub area and strategic plans. Such conditions shall be expressly set forth in the ordinance granting the approval in question. Violation of any such condition or limitation shall be a violation of this Chapter, and shall constitute grounds for revocation of all approvals granted for the Planned Development as well as, as applicable, penalties as found in Section 9-1-20.

P.

Fees. All applications for Planned Development and amendments thereto shall pay fees equal to an equivalent site plan approval in addition to the required special use approval.

Q.

Any amendments made to any Planned Development approved pursuant to this time-limited process after the expiration of this process and enactment of a permanent Planned Development process shall be reviewed and subject to the requirements of the process in effect at the time of the requested amendment.

(Ord. No. 5018-2023, § 1, 4-17-23; Ord. No. 5151-2025, § 1, 2-17-25)

Any fees for any variation, appeal, amendment or special use shall be in the amount as determined reasonable by resolution adopted by the Village Board.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)

Any person, firm or corporation violating any of the provisions of this Code shall be subject to a fine of not less than $10.00 nor more than $500.00 for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)