Kenilworth City Zoning Code
ZONING ADMINISTRATION
APPLICATIONS AND PROCEDURES
§ 153.240 BOARD OF APPEALS, JURISDICTION.
(A) Establishment and membership. A Zoning Board of Appeals (herein sometimes referred to as the “Board”) is hereby established, which shall consist of seven members who shall be residents of the village. The members of the Board in office on the date of passage of this chapter shall continue in office for the balance of their respective terms. The term of successors appointed to the Board to succeed incumbents, as their terms expire by lapse of time, shall be for five years. Vacancies on the Board shall be filled for the unexpired term of the member whose place has become vacant. Members of the Board, whether appointed for a full term or to fill a vacancy, shall be appointed by the President and Board of Trustees of the village voting jointly. One of the members shall be appointed by the President and the Board of Trustees as Chairperson of the Board, and shall hold the office until his or her successor is appointed. Members of the Board may be removed from office by the President and Board of Trustees voting jointly, for cause upon written charges and after public hearing. All members of the Board shall serve without compensation.
(B) Proceedings of the Board.
(1) The Board shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this chapter. Meetings shall be held at the call of the Chairperson and at other times as the Board may determine. The Chairperson, or in his or her absence the acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.
(2) The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating that fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the Board.
(C) Jurisdiction and powers.
(1) The Board shall have the following jurisdiction and powers:
(a) Appeals from action of Administrative Official. To hear and decide appeals from any order, requirement, decision or determination (hereinafter collectively referred to as a “decision”) made by the Administrative Official under this chapter;
(b) Variances. To hear and pass upon applications for variances from the terms of this chapter in the manner and subject to the standards specified in this chapter;
(c) Special uses. To consider, hold public hearings on, and make findings and recommendations to the Board of Trustees with respect to applications for special uses in all districts other than the B Business District in the manner and subject to the standards specified in this chapter; and
(d) Other matters. To hear and decide all other matters which it is required to pass upon under this chapter.
(2) The Plan Commission shall have the jurisdiction and power to consider, hold public hearings on, and make findings and recommendations to the Board of Trustees with respect to applications for special uses in the B Business District in the manner and subject to the standards specified in this chapter.
(Ord. 577, passed 4-14-1969; Ord. 1018, passed 6-22-2009; Ord. 1057, passed 2-22-2011)
§ 153.241 ARCHITECTURAL REVIEW COMMISSION.
(A) Statement of purpose and intent. The purpose of establishing the Architectural Review Commission is to:
(1) Promote the public health, safety, morals, comfort and general welfare of the citizens of the village;
(2) Enhance the values of the property throughout the village; and
(3) Encourage and promote acceptability, attractiveness, cohesiveness and compatibility of new buildings and of remodeled buildings and additions thereto, so as to maintain and improve the established standards of property values within the non-residential districts, as well as in special uses in the residential districts, of the village.
(B) Establishment and membership. An Architectural Review Commission (herein sometimes referred to as the “Commission”) is hereby established, which shall consist of seven members. All members shall be appointed by the Village President and Board of Trustees, voting jointly, based on their demonstrated interest or expertise in design, architecture, architectural history, landscape design, building construction and rehabilitation, local history and planning, and other criteria deemed relevant by the Village President and Board of Trustees. The seven members shall serve for staggered three-year terms. The terms of the seven members shall continue until their successors have been appointed and qualified. All members of the Architectural Review Commission shall serve without compensation.
(C) Chairman. The President, with the approval of the Board of Trustees, shall appoint one of the members of the Architectural Review Commission to serve as Chairman. The Chairman shall have power to administer oaths.
(D) Meetings, quorum. Meetings of the Architectural Review Commission shall be held at the call of the Chairman and shall be called whenever an application for certificate of appropriateness is submitted for consideration. Four members shall constitute a quorum. The Chairman shall be entitled to be counted in determining a quorum and to vote as a member. The Architectural Review Commission may adopt its own rules of procedure not inconsistent with this chapter. All meetings shall be open to the public. The Commission shall keep minutes of its proceedings and shall keep records of its examinations and other official actions.
(E) Powers and duties. The Architectural Review Commission shall have the following powers and duties:
(1) To consult with and cooperate with the Plan Commission, other village departments, and any other municipal or governmental bodies, on matters affecting the appearance of the village.
(2) To study exterior design drawings, building materials and landscape and site plans for any building or structure in the non-residential districts of the village or any residential district of the village that is also subject to a special use, and to make recommendations to the Board of Trustees or the Village Manager, as to the architectural or aesthetic aspects thereof.
(4) Subject to the provisions of § 153.242, to hold meetings or hearings, when required, on the issuance of certificates of appropriateness as provided in § 153.242, in connection with questions pertaining to applications for building permits, and to issue or deny such certificate of appropriateness pursuant to the provisions of § 153.242.
(Ord. 1057, passed 2-22-2011)
§ 153.242 CERTIFICATES OF APPROPRIATENESS.
(A) Certificate required for certain buildings, structures and signs. No building or other permit otherwise required under any ordinance of the village for any of the following shall be issued by the appropriate village official except upon the granting of a certificate of appropriateness by the Architectural Review Commission:
(1) The erection, construction, alteration or repair of any building or structure in any non-residential district of the village or any residential district of the village that is also subject to a special use; provided, however, that no certificate of appropriateness will be required if the Building Commissioner makes a determination that in any non-residential district and for any special use in any residential district, the appearance plan does not apply, and, in the Business District, the Kenilworth Design Guidelines—Business District do not apply, to the work for which the building or other permit is being sought; and
A certificate of appropriateness is deemed to authorize only the particular building, structure or sign at the specific location for which it was issued and shall automatically expire and cease to be of any force or effect if such building, structure or sign shall be removed or relocated.
(B) Special procedures in connection with other applications. Whenever any application for a special use or planned unit development is filed pursuant to this chapter as a companion to an application for a certificate of appropriateness, and such companion application requires approval by the Board of Trustees, the authority to hear and decide the application for certificate of appropriateness otherwise delegated to the Architectural Review Commission pursuant to this section shall be reserved to the Board of Trustees. For such purposes, the Board of Trustees shall have all of the authority granted to, and shall be subject to all of the limitations imposed on, the Architectural Review Commission by this section; provided, however, that the provisions governing public notice and hearing of, and action on, the application for special use or planned unit development of this ordinance shall govern.
(C) Standards for certificates of appropriateness for buildings and structures. The Architectural Review Commission shall grant a certificate of appropriateness for the erection, construction, alteration or repair of any building or structure in any non-residential district of the village that is in harmony with the general purpose and intent of the standards set forth in the ordinances, codes and regulations of the village and, in any non-residential district and for any special use in any residential district, the appearance plan, and, in the Business District, the Kenilworth Design Guidelines—Business District, which are incorporated in and made a part of this chapter as Appendices A and C, respectively . In the event of a conflict between the provisions of the Kenilworth Design Guidelines —Business District and the remaining provisions of this chapter, the provision that is the most restrictive or imposes the higher standard shall govern and control.
(D) Standards for certificates of appropriateness for signs. The Architectural Review Commission shall grant a certificate of appropriateness for the location, erection, use, display, construction, installation, enlargement, expansion, alteration, operation or repair of any permanent sign as defined in, and not exempt under, §§ 153.045 through 153.060 that is in harmony with the general purpose and intent of the standards set forth in the ordinances, codes, and regulations of the village, and, in any non- residential district and for any special use in any residential district, the appearance plan, and, in the Business District, the Kenilworth Design Guidelines —Business District, and the standards of § 153.052(C).
(F) Pre-application conference. Prior to filing an application for a certificate of appropriateness, the prospective applicant may request an informal conference with the Administrative Official to discuss the proposed application. The pre-application conference does not require either the payment of an application fee or the filing of an application.
(G) Procedures for certificate of appropriateness approval.
(1) Application review. Upon receipt of a properly completed application for approval of a certificate of appropriateness, the Administrative Official shall review the application for compliance with all applicable requirements. Completed applications will then be forwarded to the Architectural Review Commission for a public hearing.
(2) Public hearing. The Architectural Review Commission shall hold a public hearing on an application for a certificate of appropriateness no later than 60 days after receiving a properly completed application from the Administrative Official. The hearing shall be concluded not later than 120 days following the receipt of a completed application unless the applicant shall agree to an extension. Notice for the public hearing shall be issued in the manner provided in § 153.249.
(3) Findings of fact; decision. After the close of the public hearing, the Commission shall make findings of fact in support of its decision to grant or deny a certificate of appropriateness in accordance with the standards set forth in this chapter. The Commission shall make its decision issuing, issuing with conditions, or denying the certificate of appropriateness. The Commission shall specify in its decision such conditions that it deems necessary to assure the protection of the public health, safety, and welfare, and the compatibility with the surrounding neighborhood and community. The decision shall be issued within 30 days after the close of the public hearing and be forwarded to the Administrative Official.
(4) Required vote. The Commission shall not approve a certificate of appropriateness except on the concurring vote of a majority of the members of the Commission present at the meeting. The Commission shall not deny a certificate of appropriateness except on the concurring vote of four members of the Commission.
(5) Effect of decision. The decision of the Commission on an application for a certificate of appropriateness will be the final decision of the village. In the event of denial of a certificate of appropriateness, the applicant shall have the right to appeal the decision in the Circuit Court of Cook County in the manner provided by law.
(H) Amendments to certificates of appropriateness.
(1) Major changes.
(a) Procedure for major changes. An applicant seeking a major change after a certificate of appropriateness has been approved shall seek an amendment to the certificate by submitting a new application and following the procedures for approval, as established in this section. Major changes to an approved certificate of appropriateness may be granted only by the Commission pursuant to the procedures set forth in this section.
(b) Major changes defined. All changes other than minor changes.
(2) Minor changes.
(a) Procedure for minor changes. A proposed minor change after a certificate of appropriateness has been approved may be presented directly to the Administrative Official for consideration in the event of extenuating and/or unforeseen circumstances. The Administrative Official may approve minor changes memorialized in a written document which shall be forwarded to the Commission.
(b) Minor changes defined. Minor changes shall include changes in specified materials or structural components due to product discontinuance or unavailability or the like, with no change in quality.
(I) Duration, expiration and removal.
(1) No certificate of appropriateness shall be effective for a period longer than 12 months unless a building permit is obtained and the erection, construction, alteration or repair of the building or structure, or the location, erection, display, construction, installation, enlargement, expansion, alteration, operation, or repair of the sign covered by the certificate, has commenced within that period and is thereafter diligently pursued to completion. The Administrative Official may, upon written request of the applicant, extend this time limit for a period not to exceed an additional six months if the Administrative Official deems such extension to be appropriate and necessary to avoid undue hardship to the applicant. The applicant must submit a written request for an extension to the Administrative Official prior to the expiration of the certificate of appropriateness. Any such extension shall be made only after payment of the appropriate fee.
(2) The right to extend said time limit shall not include the right to request additional relief or amendment to or expansion of the scope of the certificate of appropriateness. If a certificate of appropriateness expires, the applicant must reapply for a new certificate of appropriateness and such re-application shall be treated as a new application.
(Ord. 1057, passed 2-22-2011; Ord. 1098, passed 4-29-2013)
§ 153.243 APPEALS.
(A) Scope and commencement. An appeal may be taken from any decision of the Administrative Official by any person aggrieved or by any official, department or bureau of the village affected by the decision. The appeal shall be taken within the time as shall be provided by the rules of the Board, by filing with the Administrative Official and with the Board a notice of appeal specifying the grounds thereof. The Administrative Official shall forthwith transmit to the Board all papers constituting the record upon which the decision appealed from was taken.
(B) Stay of proceedings. An appeal shall stay all proceedings in furtherance of the decision appealed from unless the Administrative Official certifies to the Board after the notice of appeal has been filed with him or her that by reason of the facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In that case the proceedings shall not be stayed other than by a restraining order which may be granted by the Board or by a court of record on application, on notice to the Administrative Official and on due cause shown.
(C) Hearing, notice and decision. The Board shall fix a reasonable time and place for the hearing for appeal, give public notice thereof as well as due notice to the parties in interest, and decide the appeal within a reasonable time. Any party may appear at the hearing in person or by agent or attorney. With the concurring vote of four members, the Board may, as long as its action is in conformity with this chapter, reverse or affirm in whole or in part or modify the decision from which the appeal was taken, and to that end the Board shall have all the powers of the Administrative Official with respect to the decision.
(D) Maintenance of records. The Administrative Official shall maintain complete records of all actions of the Board relative to appeals, and shall cause the Board of Trustees to be kept informed on a current basis of the disposition of each appeal.
(Ord. 577, passed 4-14-1969)
§ 153.244 VARIATIONS.
(A) Purpose.
(1) Except as provided in subsection (A)(2) below, the Board shall grant variances from the regulations of this chapter in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where the Board makes a finding of fact based upon the standards hereinafter presented, that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations.
(2) A variation application for a property located in the B Business Zoning District that is eligible for review by the Plan Commission pursuant to § 33.017 shall be considered in accordance with the provisions of subsection (H) below.
(B) Application for variation. An application for a variation shall be filed with the Administrative Official in the manner prescribed in § 153.247 of this chapter.
(C) Hearing, notice and decision. The Board or, as applicable, the Plan Commission, shall fix a reasonable time and place for the hearing of an application for a variation, give public notice thereof as well as due notice to parties in interest, and decide the application within a reasonable time. Any party may appear at the hearing in person or by agent or attorney. The concurring vote of four members of the Board or, as applicable, the Plan Commission, shall be necessary to grant or, in the case of the Plan Commission, recommend approval of, a variation. No order or ordinance granting a variation shall be effective for a period longer than six months unless a building permit is obtained and the construction, alteration or moving of the building covered by the order or ordinance is started within that period.
(D) Authorized variations. Variations from the terms of this chapter may be granted only in the following instances and in no other:
(1) To vary any of the requirements of this chapter with respect to minimum sizes of lots, maximum height of buildings and other structures, maximum and minimum size of buildings, maximum lot coverage by structures and other impervious surfaces, and minimum depth and width of yards;
(a) Sign size;
(b) Sign height;
(c) Combined sign area for on-premises commercial message signs;
(d) Logo size; and
(e) Location, placement or illumination of signs on a building, or structure, or on the ground.
(E) Standards for variations.
(1) The Board shall not grant, and the Plan Commission, as applicable, shall not recommend approval of, a variance from any of the regulations of this chapter, as authorized by subsection (D) above, unless it shall make a finding of fact, based upon the evidence presented to it in a particular case, that:
(a) In the case of property the principal use of which is for business purposes, the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations applicable to the district in which it is located;
(b) The plight of the owner is due to unique circumstances; and
(c) The variation, if granted, will not alter the essential character of the locality.
(2) For the purpose of supplementing the above standards, the Board or, as applicable, the Plan Commission, in making its determination whether the plight of the owner is due to unique circumstances and whether the variation, if granted, may alter the essential character of the locality, shall take into consideration the following factors to the extent they are established by the evidence and deemed relevant by the Board or, as applicable, the Plan Commission:
(a) The particular physical surroundings, shape or topographical condition of the property in question would result in a practical difficulty or particular hardship upon the applicant for the variation, as distinguished from a mere inconvenience, if the strict letter of the regulation were enforced;
(b) The conditions upon which the application for variation is based would not be applicable generally to other property in the same district;
(c) The request for the variation is not based exclusively upon the desire to make more money out of the property;
(d) The alleged difficulty or hardship has not been created by any person presently having an interest in the property; and
(e) The variation will not impair an adequate supply of light and air to adjacent properties or substantially increase the run-off of stormwater onto adjacent properties or public streets, or substantially increase congestion in the public streets or increase the danger of fire or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood.
(3) For the purpose of further supplementing the above standards and factors in connection with requests for variations from the requirements of § 153.068, the Board, in making its determination, may also take into consideration the following factors, among other factors deemed relevant by the Board, to the extent they are established by the evidence and deemed relevant by the Board:
(a) The effects of the proposed construction on the overall appearance of the size and bulk of the existing structures on the property when viewed from streets abutting the property and from adjacent properties;
(b) The proximity of the proposed construction to streets abutting the property and to adjacent properties;
(c) The relative proximity of the proposed construction to streets abutting the property and to adjacent properties in comparison with the relative proximity of existing structures on other properties in the same vicinity;
(d) The magnitude of the variation requested in absolute terms and in proportion to the floor area and/or impervious surfaces allowed if the strict letter of the regulation were enforced;
(e) The need for other variations in connection with the proposed construction and the nature and extent of those other variations;
(f) The need for the variation to allow the owner or occupant of the property to make reasonable use of a structure, the design of which otherwise fails to conform to generally accepted or prevailing standards of the village for the use and enjoyment of a structure as a residence for a family;
(g) The efficient and advantageous use of existing structures and the degree to which the proposed construction makes efficient, economical and advantageous use of existing and proposed floor area and impervious surfaces; and
(h) The reasonableness of the variation requested in light of the purposes served by the proposed construction and the design problems of the existing structure intended to be alleviated by the proposed construction.
(4) For purposes of supplementing the above standards and factors in connection with requests for variations from the requirements of § 153.067, the Board, in making its determination, may also take into consideration the following factors, among other factors deemed relevant by the Board, to the extent they are established by the evidence and deemed relevant by the Board:
(a) The height and location of existing and proposed structures on the property and adjacent properties;
(b) The need to maintain the height of the proposed structure in relation to the height of an existing structure in order to enable the existing and proposed structures to present a pleasing appearance reflecting architectural integrity and harmony among separate structural elements; and
(c) The need to maintain a particular height of a proposed addition to a structure in order to observe sound structural design and accommodate good building practices in the construction of the proposed addition.
(5) For the purpose of supplementing the above standards with regard to variations for signs, the Board or, as applicable, the Plan Commission, in making its determination or recommendationshall take into consideration the following factors to the extent they are established by the evidence and deemed relevant by the Board or, as applicable, the Plan Commission:
(a) In the case of a commercial message sign, strict application of the Kenilworth Sign Code would render the applicant unable to yield a reasonable return from its property.
(b) The variation will not endanger the public safety or substantially diminish or impair property values within the neighborhood;
(c) The variation would not result in a sign or master sign plan as required by the Kenilworth Sign Code that:
1. Would not be in harmony with the general and specific purposes for which the Kenilworth Sign Code and the provisions from which a variation is sought were enacted;
2. Would be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development, or value of adjacent property or improvements;
3. Would substantially increase congestion in the public streets due to parking or traffic;
4. Would create an unnecessary distraction to vehicle and pedestrian traffic; and
5. Would result in a sign that is not aesthetically consistent with the environment, or not proportional or architecturally compatible with existing land uses and buildings and with any adjacent residential neighborhood.
(F) Conditions. The Board may impose and, as applicable, the Plan Commission may recommend imposing, conditions and restrictions upon the premises benefitted by the variance as may be necessary to comply with the standards set out in subsection (E) above to reduce the injurious effect of the variation upon other property in the neighborhood, and better to carry out the general intent of this chapter.
(G) Prohibited variations.
(1) No variation as to use. Under no circumstances shall the Board grant or, as applicable, the Plan Commission recommend approval of, a variance under this section to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited in the district by this chapter.
(2) No variation as to prohibited sign. Under no circumstances shall the Board or, as applicable, the Plan Commission recommend approval of, a variation under this section to allow a sign prohibited under § 153.050.
(H) Certain variations in the B Business Zoning District.
(1) A variation application that is eligible for review pursuant to § 33.017 shall be heard by the Plan Commission in accordance with subsection (C) above.
(2) The Plan Commission shall recommend approval of variances from the regulations of this chapter in harmony with their general purpose and intent, only in the specific instances set forth in this section, where the Plan Commission makes a finding of fact based upon the standards set forth in this section, that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations.
(3) Within 30 days following the date of completion of the public hearing, the Plan Commission shall forward a coy of its written recommendation to the Board of Trustees. The Board of Trustees, upon receipt of the Plan Commission’s recommendations and without further public hearing, by ordinance may grant the application for the variation with conditions and restrictions, as may be deemed necessary the Board of Trustees, or deny the application, or refer it back to the Plan Commission for further consideration.
(Ord. 577, passed 4-14-1969; Ord. 1018, passed 6-22-2009; Ord. 1057, passed 2-22-2011; Ord. 1355, passed 4-15-2024)
§ 153.245 SPECIAL USES.
(A) Classes. The following types of uses which, because of their unique character, can only be properly authorized in any particular district or districts upon consideration, in each case, of the impact of those uses upon neighboring property and of the public need for the particular use at the particular location, are declared to be special uses unless specifically permitted under this chapter in the district in which proposed to be located:
(1) Places of religious worship;
(2) Schools including pre-schools and day care centers (except where conducted as a home occupation);
(3) Libraries (where established as the principal use);
(4) Other uses private in character but operated not for profit and of a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities;
(5) Uses operated by a public agency or publicly-regulated utility, or uses traditionally affected with a public interest;
(6) Uses identified in § 153.095 as special uses in the B Business District;
(7) Single-family attached dwellings where:
(a) The lot is located on Ridge Road between Greenwood Avenue and Park Drive in the R-4 District;
(b) The single-family attached dwellings are located in a pre-existing, multi-family building; and
(c) Through substantial alteration of the pre-existing building, the number of dwelling units previously existing will be reduced by 50% or more; and
(8) Building-mounted wind energy systems (BWES) and small wind energy systems (SWES) as accessory uses in all districts.
(B) Changes in uses. If a use permitted in any district shall become a special use by reason of the amendment of this section, all uses in existence on October 13, 1998 shall remain permitted uses and be deemed authorized special uses on the lots or parts of the lots on which the uses then exist. Any changes in the use of a structure from a permitted use to a special use or any accessory use (as defined in § 153.003) that is accessory to a special use shall require authorization as a special use under this section.
(C) Buildings. Except as may be specifically authorized by action of the Board of Trustees pursuant to subsection (J) below, the construction of a building or the addition or alteration to the exterior of any building (other than routine repairs and maintenance) used for or associated with a special use or any accessory uses that are accessory uses to any special use shall be deemed a special use requiring further authorization as a special use under this section, whether the authorized special use or accessory use is authorized by reason of having been a permitted use prior to the amendment of this section or is authorized by action of the Board of Trustees pursuant to subsection (J) below.
(D) Impervious surfaces. Except as may be specifically authorized pursuant to this section, the construction or installation of or the addition to or alteration (other than routine repairs and maintenance and replacements and relocations) of impervious surfaces (other than buildings) used for or associated with a special use or any accessory uses that are accessory uses to a special use shall be deemed a special use requiring further authorization as a special use under this section, except that an aggregate of impervious surfaces (other than buildings) of up to 2% of the lot area may be constructed or installed on a lot after October 13, 1998 without the prior authorization otherwise required under this section if the aggregate of all impervious surfaces (other than buildings) does not and will not exceed 18% of the lot area, and if all other applicable provisions of this chapter and all other applicable ordinances are complied with.
(E) Playground equipment. Except as may be specifically authorized pursuant to this section, the construction or installation of or the addition to or alteration (other than routine repairs and maintenance and replacements) of playground equipment used for or associated with a special use or any accessory uses that are accessory uses to a special use shall be deemed a special use requiring further authorization as a special use under this section, except that:
(1) Playground equipment in existence on October 13, 1998 shall remain a permitted use on the lots or parts of lots on which the playground equipment exists on October 13, 1998. Playground equipment for which a building permit or other request for approval was on file with the village on or before October 13, 1998 shall be considered a permitted use on the lots or parts of lots on which the playground equipment is proposed to be situated, but only to the extent a permit therefor or other approval would have been issued (or was not required) under ordinances in effect prior to October 13, 1998. A building permit shall be obtained for any alteration (other than routine repairs and maintenance), relocation, replacement (other than replacement with items substantially equivalent in size and function) or expansion of the playground equipment. No building permit shall be issued for any alteration, relocation, replacement or expansion without authorization as a special use under this section if the Administrative Official shall determine that the alteration, relocation, replacement or expansion will or may materially and adversely affect the public health, safety and welfare, injure the value of other property in the neighborhood, or interfere with the use and enjoyment of neighboring properties, compared with the effects of the playground equipment on the factors before the proposed alteration, relocation, replacement or expansion;
(2) Playground equipment authorized by action of the Board of Trustees as a special use under this section may be altered, relocated, replaced or expanded within any applicable limits of the approval. A building permit shall be obtained for any alteration (other than routine repairs and maintenance), relocation, replacement (other than replacement with items substantially equivalent in size and function) or expansion of the playground equipment. No building permit shall be issued for any alteration, relocation, replacement or expansion without further authorization under this section if the Administrative Official shall determine that the alteration, relocation, replacement, or expansion will or may result in a material departure from the site plan previously approved by the Board of Trustees or will or may materially and adversely affect the considerations under which the playground equipment was previously approved as a special use; and
(3) Playground equipment (whether fixed or movable) that, when put to its intended use does not have or is not intended to have a fixed or single location on the land, shall not require authorization as a special use or accessory use that is accessory to a special use.
(F) Application. An application for special use shall be filed and processed in the manner prescribed in § 153.247.
(G) Standards. No special use shall be recommended by the Board of Appeals or the Plan Commission, as the case may be, or authorized by the Board of Trustees unless the Board of Appeals or the Plan Commission, as the case may be, and the Board of Trustees shall have taken into consideration the following factors to the extent deemed relevant to the proposed special use and the principal structure and each accessory structure used for or associated with the proposed special use:
(1) The necessity for the public convenience at the particular proposed location;
(2) The effects of the proposed design, location and operation on the public health, safety and welfare;
(3) Injury to the value of other property in the neighborhood in which it is proposed to be located;
(4) Interference with the use and enjoyment of neighboring properties;
(5) Compatibility with permitted uses in the district in which it is proposed to be located;
(6) Increased traffic congestion on public ways or increased parking required on public ways;
(7) Damage to or destruction of natural scenic or historic features of significance to the village or the immediate neighborhood; and
(8) In the case of playground equipment, in addition to the foregoing applicable factors, its proximity to and effect on neighboring properties, its expected intensity of use, and the consistency of the equipment and its expected use with play equipment customarily associated with a residential use.
(H) Authorization; procedures.
(1) Board of Appeals; Plan Commission. Special uses may be recommended by the Board of Appeals or the Plan Commission, as the case may be, after a public hearing called and held in the manner prescribed in this chapter and required by law.
(2) Architectural Review Commission. Where the application for special use also requires a certificate of appropriateness, the Architectural Review Commission shall review and provide consulting recommendations on the application for special use at a public meeting. In such instances, the Architectural Review Commission shall provide comment and recommendations to the Board of Trustees as to whether the building design and materials, landscape plan and other proposed exterior aspects of the special use are in conformity with, in any non-residential district and for any special use in any residential district, the appearance plan, and, in the Business District, the Kenilworth Design Guidelines—Business District. Within 30 days following the date of the completion of the Architectural Review Commission meeting on the application for special use, the Architectural Review Commission shall forward a written copy of its recommendations to the Plan Commission or Board of Appeals, as the case may be.
(I) Conditions. The Board of Appeals or the Plan Commission, as the case may be, may recommend and the Board of Trustees may provide conditions and restrictions upon the location and operation of a special use and associated structures, including, but not limited to, provisions for off-street parking and loading, as may be deemed necessary to promote the general objectives of this chapter.
(J) Action by the Board of Trustees. The findings of the Board of Appeals or the Plan Commission, as the case may be, on an application for a special use, arrived at after public hearing, shall be submitted to the Board of Trustees with a report and recommendations within a reasonable time. Where the special use also requires a certificate of appropriateness, a written copy of the Architectural Review Commission’s recommendations on the factors in paragraph (H)(2) above shall accompany the finding, report and recommendations of the Board of Appeals or Plan Commission. The Board of Trustees, upon receipt of the report and recommendations and without further public hearing, by ordinance may grant the application for the special use with conditions and restrictions as may be deemed necessary by the Board of Trustees, or deny the application, or refer it back to the Board of Appeals or the Plan Commission, as the case may be, for further consideration.
(Ord. 577, passed 4-14-1969; Ord. 976, passed 4-9-2007; Ord. 1018, passed 6-22-2009; Ord. 1057, passed 2-22-2011; Ord. 1082, passed 5-21- 2012; Ord. 1098, passed 4-29-2013)
§ 153.246 PLANNED UNIT DEVELOPMENTS.
(A) Authority. The Board of Trustees may, in accordance with the procedures and standards set forth in this section, and by ordinance duly adopted, grant special uses authorizing the development of planned unit developments pursuant to the provisions of this section for the development or redevelopment of any parcel of land, or group of contiguous parcels of land that are located in the B Business District.
(B) Purpose and intent.
(1) Purpose. The purpose of this section is to make available a special use procedure that departs from the strict application of the specific zoning requirements of the B Business District in an effort to promote excellence in project design on the part of owners, builders, architects and applicants and to produce developments which are in keeping with the overall land use, open space and other objectives of the village comprehensive plan. This special regulatory technique is included in the village code in recognition that traditional bulk, use, yard and other regulations may impose less appropriate regulations upon the development of lots or areas that lend themselves to an individual, planned approach.
(a) To facilitate a development pattern that is consistent with the objectives of the village comprehensive plan and with the purpose as defined in this subchapter, which promotes compatible land uses with surrounding neighborhood;
(b) To permit a creative approach to the development and redevelopment of land in the B Business District;
(c) To achieve a more desirable physical environment by allowing greater flexibility in building design, and site plan layout, and use than would be possible through the strict application of the generally applicable zoning and subdivision regulations;
(d) To allow more efficient use of the land resulting in more economic networks of utilities, streets and other facilities;
(e) To encourage land uses that promote public health, safety and welfare; and
(f) To allow the relaxation of certain otherwise applicable substantive requirements based upon procedural protections that provide for the detailed review of individual proposals for more significant developments in the B Business District.
(C) Requirements and standards. All planned unit developments shall be subject to the requirements and standards of this section. Subject to the applicant complying with the provisions of this section, a planned unit development may deviate from strict conformance with the required density, dimension, area, bulk, use, and other regulations applicable to the property upon which the planned unit development is located, but only to the extent specified in the ordinance approving the final planned unit development, and excluding the regulations found in §§ 153.205 through 153.335.
(1) Special use standards. No special use for a planned development shall be recommended or granted pursuant to this section unless the applicant shall establish that, in addition to the standards set forth in this section 153.246(C), the proposed development will meet each of the standards made applicable to special uses pursuant to § 153.245(G).
(2) Minimum area of development. The applicant shall have the burden of establishing that the subject property is of sufficient size and shape to be planned and developed as a unified whole capable of meeting the objectives of planned unit developments pursuant to this section.
(3) Unified ownership required. The entire property proposed for planned development treatment shall be in single ownership or under unified control as to ensure that the entire property will be developed as a unified whole. All the owners of the property shall be included as joint applicants on all applications and all approvals shall bind all owners. The violation of any owner as to any tract shall be deemed a violation as to all owner and all tracts.
(4) Compliance with village code required. Construction and improvements with any planned unit development shall comply with all applicable village ordinances. Any proposed deviation from village standards or requirements must be clearly listed on the preliminary plan application and fully justified as being both necessary to the proper development of the property and consistent with the objectives set forth in the applicable section of the village code.
(5) Design requirements. The planned unit development as a whole, as well as the individual buildings and site improvements constructed as part of the planned unit development, shall be in general conformity with the Kenilworth Design Guidelines—Business District.
(6) Compatibility of uses and design. The uses permitted in the planned unit development shall be compatible with each other and with existing land uses in the surrounding area. Uses shall be deemed compatible if all of the following criteria are met.
(a) The individual uses in the planned unit development must be permitted uses or permitted special uses in the B Business District, unless a use deviation is approved by the Board of Trustees. Any individual use that is allowed only as a special use in the B Business District must individually meet the standards for the granting of special use permits, as established in § 153.245.
(b) The uses must be designed and located in conformity with the surrounding development and adjacent properties.
(7) Covenants and restrictions to be enforceable by village. All covenants, deed restrictions, easements and similar restrictions to be recorded in connection with the planned unit development shall provide that they may not be modified, removed or released without the express consent of the Board of Trustees and that they may be enforced by the village as well as by future landowners within the proposed development.
(8) Public open space and contributions. Whenever the village comprehensive plan or official map indicates that development of a planned unit development will create a need for land for public purposes of the village within the proposed planned unit development, the Board of Trustees may require that the area be designated and to the extent the need is specifically and uniquely attributable to the proposed development, dedicated to the village for the use. In addition, the Board of Trustees may require evidence that all requirements of village ordinances pertaining to the dedication of land or the contribution of cash in connection with subdivisions or developments of land have been met as respects the proposed planned unit development.
(9) Common open space.
(a) Amount, location and use. When common open space is provided in a planned unit development, the amount and location of the open space shall be consistent with its intended function as set forth in the application and planned unit development plans. No open space shall be used for the construction of any structure or improvement except the structures and improvements as may be approved in the final plan as appropriate to the intended leisure and recreational uses for which the open space is intended.
(b) Preservation. Adequate safeguards, including recorded covenants or dedication of development rights, shall be provided to prevent the subsequent use of common open space for any use, structure, improvement or development other than that shown on the approved final plan. The restrictions must be permanent and not for a given period of years and must run with the land.
(c) Ownership and maintenance. The final plan shall include provisions for the ownership and maintenance of the open space and improvements as are reasonably necessary to ensure their continuity, care, conservation, maintenance and operation in accordance with predetermined standards and to ensure that remedial measures will be available to the village if the open space or improvements are permitted to deteriorate or are not maintained in a condition consistent with the best interests of the planned unit development or the village.
(10) Property owners’ association. When the requirements of paragraph(C)(9) above are to be satisfied by the ownership or maintenance of the open space or improvements by a property owners’ association, the association shall meet each of the following standards.
(a) The bylaws and rules of the association and all declarations, covenants and restrictions to be recorded must be approved as part of the final plan prior to becoming effective. Each document shall provide that it shall not be amended in any manner that would result in it being in violation of the requirements of this subsection.
(b) The association must be established and all covenants and restrictions recorded prior to the sale of any property within the area of the planned unit development designated to have the exclusive use of the proposed open space or improvements.
(c) The association must be responsible for casualty and liability insurance, taxes and the maintenance of the open space and improvements to be deeded to it.
(d) Membership in the association must be mandatory for each property owner, and any successive owner, having a right to the use or enjoyment of open space or improvements.
(e) Every property having a right to the use or enjoyment of the open space or improvements must pay its pro rata share of the cost of the association by means of an assessment to be levied by the association that meets the requirements for becoming a lien on the property in accordance with statutes of the state.
(f) The association must have the right to adjust the assessment to meet changed needs. The membership vote required to authorize the adjustment shall not be fixed at more than 51% of the members voting on the issue.
(g) The village must be given the right, but not the obligation, to enforce the covenants.
(h) The village must be given the right, after ten days’ written notice to the association, to perform any maintenance or repair work that the association has neglected to perform, to assess the membership for the work and to have a lien against the property of any member failing to pay the assessment. For this purpose alone, the village shall have all the rights and powers of the association and its governing body under the agreements and declarations creating the association.
(11) Landscaping and perimeter treatment. Any area of a planned unit development not used for structures or circulation elements shall be landscaped or otherwise improved. The perimeter of the planned unit development shall be treated so as to ensure compatibility with surrounding uses by means such as provision of compatible uses and structures; setbacks; screening; or natural or human-made buffers.
(12) Utilities. All utility lines shall be installed underground.
(13) Traffic plan. The final plan for the planned unit development shall include a traffic plan that identifies points of ingress and egress, streets, alleys and interior circulation routes. The traffic plan shall be designed to minimize traffic congestion in the public streets adjoining the planned unit development and to facilitate the free flow of both vehicular and pedestrian traffic, within the planned unit development. The streets, alleys and other traffic thoroughfares approved in planned unit development shall comply with the minimum requirements of the village’s ordinances, rules and regulations, unless a deviation is approved by the Board of Trustees.
(14) Range of uses. The planned unit development shall accommodate, as appropriate, a mix of office/service, retail commercial, and residential land uses.
(15) Enhancing community. The planned unit development shall promote a strong community identity and opportunities to interact while building a healthy commercial tax base.
(16) Public benefit. The planned unit development shall provide a substantial benefit to the village and the public by maintaining the essential quality, viability and attractiveness of village’s business district while encouraging new economic development consistent with the character of the village.
(D) Supplemental standards. The appropriateness and viability of a planned unit development may also be evaluated by the Plan Commission and the Board of Trustees based on the following supplemental criteria:
(1) Additional landscaping, buffering or screening within or around the perimeter of the planned unit development;
(2) Location and screening of parking facilities;
(3) Community amenities (such as, but not limited to, public art and gardens, public transportation shelters);
(4) Inclusion of sustainable design and green architecture;
(5) Preservation of environmental features; and
(6) Preservation of historic features.
(E) Procedural requirements.
(1) General requirements. All applications for planned unit developments shall be subject to the standards and procedures established in this subchapter.
(2) No precedent. No planned unit development approval shall be deemed to establish any precedent requiring the approval of any subsequent application.
(F) Pre-application conference. Prior to filing an application for a planned unit development, the prospective applicant shall request an informal conference with the Administrative Official to discuss the proposed planned unit development. The pre-application conference does not require either the payment of an application fee or the filing of an application.
(G) Neighborhood meeting.
(1) The prospective applicant shall schedule, provide notice of, conduct and attend a meeting with the persons required to be notified under § 153.249. The purpose of the meeting shall be to broadly acquaint the neighboring owners and residents with the applicant’s proposal and to provide the applicant with any preliminary view or concerns that neighboring owners and residents may have at a time when positions are still flexible and adjustment is still possible and prior to the time when the applicant is required to expend the funds necessary to prepare the complete documentation required for formal application.
(2) A copy of the notice and the mailing list shall be filed with application along with a written summary of any comments, suggestions or recommendations regarding the preliminary application made at the meeting.
(H) Procedures for preliminary plan approval.
(1) Application review. Upon receipt of a properly completed application for approval of a preliminary planned unit development plan, the Administrative Official shall review the application for compliance with all applicable requirements. Completed applications will be then be forwarded to the Plan Commission and the Architectural Review Commission for their respective reviews and recommendations.
(2) Plan Commission. The Plan Commission shall hold a public hearing in accordance with this subchapter. Notices for the public hearings shall be issued in the manner provided in § 153.249.
(3) Architectural Review Commission. The Architectural Review Commission shall review and provide consulting recommendations on the application for preliminary plan approval at a public meeting. The Architectural Review Commission shall provide comment and recommendations to the Plan Commission as to whether the building design, landscape plan and other proposed exterior aspects of the planned unit development are in conformity with the Kenilworth Design Guidelines—Business District.
(4) Findings and recommendations.
(a) Within 30 days following the date of the completion of the Architectural Review Commission meeting on the application for preliminary plan approval, the Architectural Review Commission shall forward a written copy of its recommendations to the Plan Commission.
(b) Within 30 days after receiving the Architectural Review Commission’s recommendations or the conclusion of the Plan Commission’s public hearing, whichever is later, the Plan Commission shall forward to the Board of Trustees:
1. A written copy of the Architectural Review Commission’s recommendations on the factors in paragraph(H)(3) above; and
2. The Plan Commission’s recommendation to either approve the preliminary plan, approve the preliminary plan with modifications or deny approval of the preliminary plan.
(c) The Plan Commission shall enter written findings on the standards for planned unit development approval as set forth in this subchapter. The findings of the Plan Commission shall be based on the particular facts and circumstances of the proposed development, as established through the application materials, record made in the proceedings before that body and matters of public record. The Plan Commission shall specify, in a separate conclusion or statement, the stipulations, restrictions or conditions, including, but not limited to, the operations of the planned unit development, that it deems necessary to assume the protection of public health, safety, comfort, morals or welfare.
(d) No planned unit development nor deviation shall be recommended for approval unless the Plan Commission shall find that the preliminary plan is in conformity with the standards set forth in this section.
(5) Board of Trustees.
(a) Within 75 days following the receipt of the recommendations of the Plan Commission and the Architectural Review Commission by the Board of Trustees at a public meeting, the Board of Trustees shall either deny the application for approval of the preliminary plan; shall remand it back to the Plan Commission for further consideration of specified matters; or shall, by resolution duly adopted, approve the preliminary plan, with or without modifications and conditions to be accepted by the applicant as a conditions of the approval, and refer the matter to the Plan Commission for processing of the final plan in accordance with this section. The failure of the Board of Trustees to act within the timeframe set forth in this section, or such further time to which the applicant may agree, will be deemed to be a decision denying approval of the preliminary plan.
(b) The Board of Trustee’s decision to grant or deny an application for preliminary plan approval shall be based on the particular facts and circumstances of the proposed planned unit development, as established through the application materials, the record made in all proceedings on the application, matters of public record and those matters of public policy as the Board deems relevant to its consideration of the application.
(6) Coordination with subdivision regulations. When a subdivision of land subject to the village subdivision regulations in the village code is proposed in connection with a planned unit development, review of the tentative plat of the proposed subdivision shall be carried out simultaneously with review of the preliminary plan.
(7) Simultaneous submittal of a final plan. The applicant may, at his or her option, submit a final plan for a proposed planned unit development pursuant to the requirements of paragraphs (I)(1) through (I)(7) simultaneously with the submittal of a preliminary plan. In that case, the applicant must comply with all provisions of this code applicable to the submittal of the preliminary plan and the submittal of the final plan. The Plan Commission, Architectural Review Commission, and Board of Trustees will consider such plans simultaneously, applying the standards for both preliminary and final plans, and shall approve is deny the final plan in accordance with the provisions of this § 153.246.
(I) Procedures for final plan approval.
(1) Application review. Upon receipt of a properly completed application for a final planned unit development plan, the Administrative Official shall review the application for substantial compliance with approved preliminary plan. If the Administrative Official determines the final plan substantially conforms to the preliminary plan, the final plan will be reviewed in accordance with paragraphs (I)(2) through (I)(6) below. If the Administrative Official determines the final plan does not substantially conform to the preliminary plan, the final plan will be reviewed in accordance with paragraph (H) above.
(2) Plan Commission. The Plan Commission shall hold a public meeting in accordance with this subchapter.
(3) Architectural Review Commission. The Architectural Review Commission shall consider the application for final plan approval at a public meeting. The Architectural Review Commission shall provide comment and recommendations to the Plan Commission regarding the factors identified in paragraph (H)(3) above.
(4) Findings and recommendations.
(a) Within 30 days following the date of the completion of the Architectural Review Commission meeting on the application for final plan approval, the Architectural Review Commission shall forward a written copy of its recommendations to the Plan Commission.
(b) Within 30 days after receiving the Architectural Review Commission’s recommendations or the conclusion of the Plan Commission’s public meeting, whichever is later, the Plan Commission shall forward to the Board of Trustees:
1. A written copy of the Architectural Review Commission’s recommendations on the factors in paragraph (H)(3) above; and
2. The Plan Commission’s recommendation to either approve the final plan, approve the final plan with modifications or deny approval of the final plan.
(c) The Plan Commission shall enter written findings affirming or, based on a substantial change (as defined in subparagraph (I)(4)(d) below), revoking the Plan Commission’s prior findings for planned unit development approval as set forth in paragraph (H)(4)(c) above.
(d) No final plan for a planned unit development shall be recommended for approval, nor deviations recommended for approval for a planned unit development, unless the Plan Commission determines that the final plan for the planned unit development substantially conforms to the approved preliminary plan without a request to amend the preliminary plan. No final plan for a planned unit development will be presented for final approval if it contains a substantial change from the approved preliminary plan, unless the procedures described in paragraph (H) above are first followed to consider the substantial change. For the purposes of this section a substantial change is a change that alters the concept or intent of the planned unit development; changes the plan’s density, changes the height of any building, changes proposed open space, makes material changes in architectural design, makes a material change to the development schedule, or changes the governing agreements, provisions or covenants for the development.
(5) Board of Trustees.
(a) Within 75 days following the receipt of the recommendations of the Plan Commission and the Architectural Review Commission by the Board of Trustees at a public meeting, the Board of Trustees shall either deny the application for approval of the final plan; shall remand it back to the Plan Commission for further consideration of specified matters; or shall, by ordinance duly adopted, approve the final plan and any related deviations, with or without modifications and conditions to be accepted by the applicant as a conditions of the approval. The failure of the Board of Trustees to act within the timeframe set forth in this section, or such further time to which the applicant may agree, will be deemed to be a decision denying approval of the final plan.
(b) The Village Board, in the exercise of its discretion, may accept, reject or modify any conditions or restrictions that the Plan Commission may recommend, or otherwise impose its own conditions. The conditions shall be expressly set forth in the ordinance approving the final plan. The ordinance shall also identify any deviations that have been approved as part of the application.
(c) The Board of Trustees’ decision to grant or deny an application shall be based on the particular facts and circumstances of the proposed development, as established through the application materials, the record made in all proceedings on the application, matters of public record and matters of public policy as the Board deems relevant to its consideration of the application.
(d) The Village Board of Trustees shall not grant approval of a final plan unless it finds substantial conformity between the final plan and the approved preliminary plan and further finds the final plan to be in all other respects complete and in compliance with any and all conditions imposed by approval of the preliminary plan and with the provisions of this subchapter and all other applicable federal, state and village codes, ordinances and regulations.
(6) Recording of the final plan. When a final plan is approved, the Administrative Official shall cause the final plan and ordinance approving the same to be recorded with the Recorder of Deeds of the county.
(7) Engineering approval. The final plan for a planned unit development will not be processed until detailed engineering plans have been reviewed and approved by the Village Engineer.
(J) Amendments to planned unit developments.
(1) Major changes.
(a) Procedure for major changes. An applicant seeking a major change after a final plan has been approved shall seek an amendment to the final plan by submitting a new preliminary plan and supporting data and following the procedures for preliminary approval, as established in this section. Major changes to an approved final plan may be granted only by the Board of Trustees pursuant to an ordinance approving the amended plan.
(b) Major changes defined. Changes that alter the concept or intent of the planned unit development, including changes that increase the development’s density by 10% or more, changes that increase the height of buildings by 10% or more, changes in use, except as allowed by the ordinance approving the final plan, changes that decrease open space by 10% or more, changes to architectural design that are inconsistent with the Kenilworth Design Guidelines—Business District, material changes in the development schedule, and material changes in the final governing agreements, provisions or covenants shall all be considered major changes to the approved plan.
(2) Minor changes.
(a) Procedure for minor changes. A proposed minor change after a final plan has been approved may be presented directly to the Village Board of Trustees for consideration. The Village Board of Trustees may approve minor changes in the planned unit development plan by ordinance duly adopted without further proceedings, provided it finds that the proposed change does not change the concept or intent of the development.
(b) Minor changes defined. Minor changes are defined as any change to an approved final plan that is not defined as a major change.
(K) Failure to complete project according to plans. Each ordinance approving a final plan for a planned unit development shall contain additional conditions regarding the revocation of the final plan approval as the Board of Trustees may deem appropriate.
(Ord. 1024, passed 8-10-2009; Ord. 1098, passed 4-29-2013; Ord. 1340, passed 10-23-2023)
§ 153.247 APPLICATION REQUIREMENTS.
(A) Place of filing. All applications for relief under this subchapter shall be filed with the Administrative Official or with any other village official or body as the Administrative Official may designate.
(B) Form, number, scale. All applications filed pursuant to this subchapter shall be on forms supplied by the village and shall be filed in the number of duplicate copies as the Administrative Official may designate, including in electronic format, if requested. All plans filed as part of any application shall be at a scale sufficient to permit a clear and precise understanding of the contents of the plan and the proposal being made and shall be folded to a convenient size for handling and filing in standard, legal size file drawers.
(C) Filing deadlines.
(1) Applications requiring hearings. Applications requiring a public hearing will not be scheduled for hearing unless and until filed in proper form and number and containing all required information.
(2) Applications not requiring hearing. Applications that do not require a public hearing shall be filed, in proper form and number and containing all required information, at least 35 days prior to the time when action on the application is requested. Applications so filed will be processed on a first-filed, first-processed basis.
(3) Supplemental data. Whenever supplemental data in connection with a previously filed application is required by the village or offered by the applicant, it shall be submitted at least seven days prior to the date on which it is to be considered at a hearing or a meeting or acted upon in connection with the application. The filing of the data shall, in the discretion of the Administrative Official and of the body hearing the application, be cause to delay a requested or scheduled hearing date.
(D) Minimum data requirements.
(1) All applications. Every application submitted pursuant to this subchapter shall contain at least the following information:
(a) The owner’s name and address and the owner’s signed consent to the filing of the application;
(b) The applicant’s name and address, if different than the owner, and his or her interest in the subject property;
(c) The names, addresses and telephone numbers of all professional consultants, if any, advising the applicant with respect to the application;
(d) The name and address and the nature and extent of the interest, as defined in the village code provisions governing ethics, of any officer or employee of the village in the owner, the applicant or the subject property;
(e) The address and legal description of the subject property;
(f) A description or graphic representation of the proposal for which approval is being sought and of the existing zoning classification, use and development of the subject property. The scope and detail of the description shall be appropriate to the subject matter of the application, with special emphasis on those matters likely to be affected or impacted by the approval being sought in the application;
(g) In the case of any application being filed less than two years after the denial of an application seeking essentially the same relief, the statement required by § 153.248; and
(h) Proof of control or ownership, in the case of site-specific applications.
The Administrative Official shall have the authority to waive any of the minimum data requirements if the Administrative Official deems such waiver to be appropriate in light of special circumstances making compliance with those provisions either unnecessary or unduly burdensome; provided, however, that the reviewing board or commission shall continue to have the right to request additional information and to delay processing of an application until such information is provided. The Administrative Official shall provide reasons for such waiver to the reviewing board or commission.
(2) Applications for ordinance interpretations. Every application filed pursuant to § 153.275 shall, in addition to the data and information required pursuant to paragraph(D)(1) above, provide the following information:
(a) The specific provision or provisions of this chapter for which an interpretation is sought;
(b) The facts of the specific situation giving rise to the request for an interpretation;
(c) The precise interpretation claimed by the applicant to be correct;
(d) Where a use interpretation is sought, the use permitted pursuant to the present zoning classification of the subject property that is claimed by the applicant to include, or to be most similar to, the proposed use; and
(e) Where a use interpretation is sought, documents, statements and other evidence demonstrating that the proposed use will comply with all use limitations established for the district in which it is proposed to be located.
(3) Applications for appeals. Every application filed pursuant to § 153.243 shall, in addition to the data and information required pursuant to paragraph(D)(1) above, provide the following information:
(a) The specific decision from which an appeal is sought;
(b) The facts of the specific situation giving rise to the original decision and to the appeal therefrom;
(c) The precise relief sought; and
(d) A statement of the applicant’s position as to alleged errors in the decision being appealed and as to why the relief sought is justified and proper.
(4) Applications for variations. Every application filed pursuant to § 153.244 shall, in addition to the data and information required pursuant to paragraph division (D)(1) above, provide the following information:
(a) The specific feature or features of the proposed use, construction or development that require a variation;
(b) The specific provision of this chapter from which a variation is sought and the precise variation therefrom being sought;
(c) A statement of the characteristics of the subject property that prevent compliance with the provisions of this chapter;
(d) A statement of the minimum variation of the provisions of this chapter that would be necessary to permit the proposed use, construction or development;
(e) A statement of how the variation sought would satisfy the standards set forth in § 153.244(E);
(f) The names and addresses of all owners of property within 500 lineal feet, excluding street rights-of-way, in all directions from the subject property as shown in the records of the office of the Assessor of the county;
(g) A survey, certified by a registered land surveyor, showing existing lot lines and dimensions as well as lot area, all easements, all public and private rights-of-way and all streets across and adjacent to the subject property; and
(h) A statement concerning the conformity or lack of conformity of the approval being requested to the village comprehensive plan and official map. Where the approval being requested does not conform to the village comprehensive plan or the official map, reasons justifying the approval despite the lack of conformity shall be stated.
(5) Applications for zoning ordinance text amendments. Every application filed pursuant to § 153.305 requesting an amendment to the text of this chapter shall, in addition to the data and information required pursuant to paragraph(D)(1) above, provide the following information:
(a) The exact wording of the proposed text amendment;
(b) A statement of the need and justification for the proposed text amendment;
(c) The names and addresses of all owners of property within 500 lineal feet, excluding street rights-of-way, in all directions from the subject property, as shown in the records of the office of the Assessor of the county;
(d) A survey, certified by a registered land surveyor, showing existing lot lines and dimensions as well as lot area, all easements, all public and private rights-of-way and all streets across and adjacent to the subject property; and
(e) A statement concerning the conformity or lack of conformity of the approval being requested to the official map. Where the approval being requested does not conform to the official map, reasons justifying the approval despite the lack of conformity shall be stated.
(6) Applications for special uses. Every application filed pursuant to § 153.245 shall, in addition to the data and information required pursuant to paragraph(D)(1) above, provide the following information:
(a) A written statement of the need for the special use;
(b) The names and addresses of all owners of property within 500 lineal feet, excluding street rights-of-way, in all directions from the subject property, as shown in the records of the office of the Assessor of the county;
(c) A survey, certified by a registered land surveyor, showing existing lot lines and dimensions as well as lot area, all easements, all public and private rights-of-way and all streets across and adjacent to the subject property; and
(d) A statement concerning the conformity or lack of conformity of the approval being requested to the village comprehensive plan and official map. Where the approval being requested does not conform to the village comprehensive plan or the official map, reasons justifying the approval despite the lack of conformity shall be stated.
(7) Applications for zoning map amendments. Every application filed pursuant to § 153.305 requesting an amendment to the zoning map shall, in addition to the data and information required pursuant to paragraph(D)(1) above, provide a statement of the need and justification for the proposed zoning map amendment. The statement shall address at least the following factors:
(a) The existing uses and zoning classifications of properties in the vicinity of the subject property;
(b) The trend of development in the vicinity of the subject property, including changes, if any, in the trend since the subject property was placed in its present zoning classification;
(c) The extent to which the value of the subject property is diminished by the existing zoning classification applicable to it;
(d) The extent to which the diminution in value is offset by an increase in the public health, safety and welfare;
(e) The extent, if any, to which the use and enjoyment of adjacent properties would be affected by the proposed amendment;
(f) The extent, if any, to which the value of adjacent properties would be affected by the proposed amendment;
(g) The extent, if any, to which the future orderly development of adjacent properties would be affected by the proposed amendment;
(h) The suitability of the subject property for uses permitted or permissible under its present zoning classification;
(i) The availability of adequate ingress to and egress from the subject property and the extent to which traffic conditions in the immediate vicinity of the subject property would be affected by the proposed amendment;
(j) The availability of adequate utilities and essential public services to the subject property to accommodate the uses permitted or permissible under its present zoning classification;
(k) The length of time, if any, that the subject property has been vacant, considered in the context of the pace of development in the vicinity of the subject property;
(l) The community need for the proposed map amendment and for the uses and development it would allow; and
(m) The names and addresses of all owners of property within 500 lineal feet, excluding street rights-of-way, in all directions from the subject property, as shown in the records of the office of the Assessor of the county.
(8) Applications for approval of a preliminary plan for a planned unit development. Every application filed pursuant to § 153.246 shall, in addition to the data and information required pursuant to paragraph (D)(1) above, provide the following information, unless waived by the Administrative Official:
(a) Preliminary plan for a planned unit development plan. The preliminary plan for a planned unit development shall contain the following:
1. Statement of objectives. The preliminary plan shall include a statement of the planning objectives to be achieved by the particular design approach proposed by the applicant, which shall include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant;
2. Statement of proposed use. The preliminary plan shall include a statement of the applicant’s intention with regard to the future selling or leasing of all or portions of the land or structures and the proposed use thereof;
3. Detailed planned unit development plan. The preliminary plan shall include a detailed drawing of the proposed planned unit development, drawn to scale. The detailed planned unit development plan may consist of one or more sheets and drawings and shall accurately depict:
a. Boundary lines, bearings and distances;
b. The location, width and purpose of all easements;
c. All streets on and adjacent to the subject property, including street name, right-of-way width, sidewalks and the like;
d. Utilities on and adjacent to the site, including the location, size and invert elevations of all sewers, the location and size of water mains and hydrants, and the location of gas, electric, telephone and cable lines;
e. The topography of the subject property;
f. Conditions on adjacent land, including adjacent grades, the character and location of buildings, and the type and location of utilities;
g. The zoning classification of the subject property and all adjacent properties;
h. All parcels of land intended to be dedicated for public use or reserved for the use of all property owners, with the purpose indicated;
i. The location and purpose of each proposed building, and the height of each building in feet and stories;
j. Landscaping and tree preservation plan;
k. At least two cross- sections through the entire site, to illustrate the bulk and height of all proposed structures in relation to the topography, vegetation and surrounding structures; and
l. The name of the development, the north point and scale, the date of preparation and the acreage of the site.
4. Quantitative summary. A quantitative summary, which shall be broken down into phase components if the development is to be implemented in phases, and which shall include, but not be limited to the following:
a. Acreage and square footage of the subject property;
b. Residential density;
c. Total and footprint square footage of principal and accessory buildings;
d. Number of parking spaces; and
e. Square footage of commonly owned and/or maintained open space.
5. Engineering survey. The preliminary engineering survey showing the adequacy of existing and proposed sanitary sewer, storm sewer and water distribution systems.
(b) Plat of subdivision. If required, preliminary plat of subdivision that meets the requirements of subdivision regulations of the village code;
(c) Architectural drawings. Architectural drawings, including but not limited to, floor plans, exterior building elevations, typical building materials which clearly define all buildings proposed for the planned unit development, including illustrations or depictions showing surrounding properties in relation to the proposed planned unit development;
(d) Request for relief. A statement setting forth the specific zoning modifications and exceptions being sought from the underlying zoning requirements as part of the planned unit development;
(e) Open space statement. A statement describing why the area for usable common open space was chosen, the unique advantages it offers, and how it is envisioned that residents will utilize the space;
(f) Traffic and parking study. Traffic and parking study prepared by a qualified expert setting forth and analyzing the effect of the proposed planned unit development on traffic and parking in and around the subject property. The traffic and parking study shall not be limited to the effect on adjacent streets but shall extend to all surrounding areas affected by the proposed planned unit development and shall indicate the anticipated points of origin, direction, amount and density of traffic flow to and from the proposed planned unit development;
(g) Statement of public benefit. A statement describing the specific public benefits that are proposed to be contained in or associated with the planned unit development;
(h) Development schedule. A development schedule setting forth the approximate dates for beginning and completion of each stage of the development;
(i) Traffic and parking mitigation study. A construction employee traffic and parking mitigation plan that shall establish specific actions by the owner to limit peak period vehicular traffic and parking generated by construction of the planned unit development;
(j) Natural resource assessment application. A copy of an application for the natural resource assessment to the North Cook County Soil and Water Conservation District if the subject property is two acres or larger;
(k) Description of financial assurances. A detailed description of the financial assurances to be presented to guarantee completion of all public improvements and private open space to be provided in connection with the proposed planned unit development; and
(l) Financing plan. Evidence of the financing plan the applicant proposes to use to complete the proposed planned unit development. The applicant’s prior success in completing projects of similar scope may be offered in support of this requirement.
(9) Applications for approval of a final plan for a planned unit development.
(a) Form of application. Every application filed pursuant to § 153.246 shall, in addition to the data and information required pursuant to paragraph (D)(1) above, provide the following information, unless waived by the Administrative Official:
1. Development and construction schedule;
2. Copies of the plat of the planned unit development, and, as applicable, any subdivision plat, plat of dedication and/or plat of vacation, with original Mylar to be provided promptly following Board of Trustee approval; and
3. A restrictive covenant in a form acceptable to the Village Attorney limiting development of and construction upon the tract as a whole to the development and construction as shall comply with the final development plan granted by the Village Board of Trustees.
(b) Time of filing application for approval of final plan. Within 12 months following the approval of the Board of Trustees of the preliminary plan, the applicant shall initiate the final approval process by filing an application for final plan approval with the Plan Commission. The Board of Trustees, in the exercise of its discretion, may extend the time for filing the application for final plan approval.
(10) Applications for certificates of appropriateness. Every application filed pursuant to § 153.242 shall contain at least the following information:
(a) A statement of intent identifying how the project meets the criteria of, in any non-residential district and for any special use in any residential district, the appearance plan, and, in the Business District, the Kenilworth Design Guidelines —Business District, and explaining the design rationale.
(b) Plans and elevations drawn to scale illustrating the existing subject property, including calculations of all windows and doors with dimensions, materials and glazing patterns, exterior details, as appropriate, of millwork and including aggregate size of all awnings and signs.
(c) Scaled drawings and elevations showing all proposed windows and doors with dimensions, materials and glazing patterns, exterior details, millwork and any proposed special conditions including position and scale of the proposed signs and awnings in relation to adjacent signs, buildings and structures.
(d) Streetscape elevations, depicting rooflines and materials of adjacent structures.
(e) Current color photographs of the existing facades of the subject property and properties adjacent to the subject property and the date the photographs were taken.
(f) Information, drawings, spec- ifications, samples, or other materials regarding the design and size, color and placement on the building of a proposed sign or sign structure for all proposed signs. Such materials should also convey structural details including, but not limited to method of construction and erection or attachment, as the case may be, to the building or ground).
(g) Details regarding source, type and level of illumination of for all signs. The level of illumination must be measured in foot candles.
(h) Parking lot layout (if applicable).
(i) Lighting plan of parking lot (if applicable).
(j) Landscape plan including the proposed species of vegetation and size at the time of planting, tree removal plan, and existing or proposed hardscapes (if applicable).
(k) Master sign plan if required by the Kenilworth Sign Code.
(l) Samples of exterior materials, including, without limitation, manufacturer cut sheets and/or product samples of roof materials, wall materials, window/door products, storefront glazing, light fixtures, and sign materials. If applicable, local addresses of buildings using such materials.
(11) Applications for special uses for a wind energy system (WES). In addition to such other data and information ordinarily required in connection with an application for a special use permit pursuant to this section, an application for a special use permit for a WES must submit to the village as part of its application at least the following information:
(a) Generally applicable requirements.
1. Project proposal.
(i) A project summary, including, without limitation, and the manufacturer information for the proposed turbines.
(ii) Current photographs of the proposed location of the WES.
(iii) A front elevation depiction of the subject property, showing the location and proposed height of the top of the turbine from top of the building.
2. Insurance. Proof of homeowner or business general liability insurance, as appropriate, with a minimum coverage level of $1,000,000 per occurrence.
3. Electric utility. Approval letter from the local electric utility company, if the system is to be connected to the energy grid.
4. Manufacturer’s directions. A copy of the directions issued by the manufacturer of the proposed WES for the proper installation, operation and maintenance of the WES.
5. Certification of design compliance. A certification of design compliance for the proposed WES with respect to the applicable noise, structural and safety regulations set forth in this subsection, which certification must have been obtained from Underwriters Laboratories (UL), National Renewable Energy Laboratories (NREL), Det Norske Veritas (DNV), Germanischer Lloyd Wind Energie (GL), or an equivalent third party.
6. Maintenance covenant. An executed maintenance covenant, on a form provided by the village, providing that the owner and all subsequent owners of the subject property will maintain the WES in accordance and compliance with this subparagraph and with the maintenance directions issued by the manufacturer of the WES.
7. Contact information. The name of a local contact with authority to operate or repair the proposed WES as needed and at any time, and the telephone number at which such contact may be reached on a 24-hour basis. At all times during which the WES is in operable condition, the applicant shall have the duty to notify the village of any changes to the information required pursuant to this subparagraph.
(b) Additional BWES requirements.
1. Engineering plans. Engin- eering plans, which must include, without limitation, the manufacturer's engineering specifications of the turbine, nameplate wattage capacity, dimensions of the turbine unit, mounting mechanisms, expected load and expected sound level production.
2. Site plan. A site plan, drawn to scale, signed and sealed by a Professional Engineer licensed in the State of Illinois, and including, without limitation, the following:
(i) The location of any overhead or underground power lines and utility easements; and
(ii) The locations and the expected duration of shadow flicker caused by the BWES facility.
(c) Additional SWES requirements.
1. Engineering plans. Engin- eering plans, which must include, without limitation, the manufacturer’s engineering specifications of the tower, turbine and foundation, detailed drawing of electrical components and installation details, and expected sound level production. For turbines with a nameplate wattage capacity exceeding 20 kilowatts, the plans must be sealed by a Structural Engineer.
2. Site plan. A site plan, drawn to scale, signed and sealed by a professional engineer licensed in the State of Illinois, and including, without limitation, the following:
(i) The existing and proposed contours, at a minimum of two foot intervals;
(ii) The location, setbacks, exterior dimensions and square footage of all structures on the subject property and all nonparticipating properties located within 100 feet of the subject property.
(iii) The location and size of existing waterways, wetlands, 100-year floodplains, sanitary sewers, field drain tiles, storm sewer systems, aquifers and water distribution systems;
(iv) The location of any overhead or underground power lines and utility easements; and
(v) The locations and the expected duration of shadow flicker caused by the SWES facility.
3. Soil studies. The applicant shall submit a soil analysis measured at the proposed location for the base of the proposed tower and a drawing stamped by a Structural Engineer, in order to demonstrate that the soils are able to support the structural weight of the proposed SWES. For purposes of this subparagraph, structural weight shall include the tower, wind turbine generator, and any other components otherwise supported by the base foundation of the proposed SWES.
4. Environmental impact studies and plans. Upon request of the village, the applicant shall submit an environmental plan to mitigate or eliminate any adverse impact of the proposed SWES on the local environment and local wildlife, which plan shall be subject to the approval of the village in consultation with the Illinois Department of Natural Resources and the United States Fish and Wildlife Service.
(E) Special data requests. In addition to the data and information required pursuant to subsection (D) above, every applicant shall submit any other and additional data, information or documentation as the Administrative Official or any Board or Commission before which its application is pending may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.
(F) Concurrent applications. Where a proposed use or development requires more than one approval pursuant to this chapter, applications for all approvals may be filed concurrently notwithstanding the fact that approval of one application may be a precondition to approval of other applications. The applications may, in the discretion of the official, officials, body or bodies charged with review of the applications be processed together; provided, however, that no application shall be approved unless all applications that are a precondition to its approval have first been approved.
(G) Withdrawal of application. An applicant may withdraw an application at any time prior to a final decision having been rendered with respect thereto; provided that the applicant shall have paid all applicable application fees pursuant to §§ 153.290 through 153.294. The withdrawal shall be without prejudice to the applicant’s right to refile the application, but any refiling shall be treated as an entirely new filing and shall be subject to the procedures and fees of this chapter in the same manner as any other new application.
(Ord. 1018, passed 6-22-2009; Ord. 1024, passed 8-10-2009; Ord. 1057, passed 2-22-2011; Ord. 1082, passed 5-21-2012; Ord. 1098, passed 4-29- 2013; Ord. 1340, passed 10-23-2023)
§ 153.248 SUCCESSIVE APPLICATIONS.
(A) Second applications without new grounds barred. Whenever any application filed pursuant to this chapter has been finally denied on its merits, a second application, seeking essentially the same relief, whether or not in the same form or on the same theory, shall not be brought unless, in the opinion of the officer, Board or Commission before which it is brought, substantial new evidence is available or a mistake of law or fact significantly affected the prior denial.
(B) New grounds to be stated. Any second application shall include a detailed statement of the grounds justifying consideration of the application.
(C) Exception. Whether or not new grounds are stated, any second application filed more than two years after the final denial of a prior application shall be heard on the merits as though no prior application had been filed. The applicant shall, however, be required to place in the record all evidence available concerning changes of conditions or new facts that have developed since the denial of the first application. In the absence of evidence it shall be presumed that no new facts exist to support the new petition that did not exist at the time of the denial of the first application.
(Ord. 1018, passed 6-22-2009)
§ 153.249 NOTICE REQUIREMENTS.
(A) Notice by mail.
(1) Notice of the public hearing at which any application for relief under this chapter is to be considered shall be provided as required by this section. The applicant for relief shall notify, in writing, by first class mail, or hand delivery, all property owners within 250 feet of the boundaries of the property that is the subject of the application, including streets and rights-of-way, not less than 15 days or more than 30 days in advance of the scheduled public hearing date.
(2) The mailing of notice, addressed to the name and address on the most recent county real estate tax records, shall be deemed a satisfaction of this notice requirement.
(3) The required mail notice for applications under this chapter shall contain, at a minimum, the following information:
(a) The street address, legal description or detailed location description of the property, if any, that is the subject of the application;
(b) A statement describing the relief requested;
(c) The name and address of the applicant;
(d) The name and address of the legal owner, and beneficial owner if any, of the property; and
(e) The meeting date, time and location.
(4) At the public hearing, the applicant shall present to the hearing body an affidavit, certification or other evidence satisfactory to the hearing body, demonstrating to the satisfaction of the hearing body, that the notice requirement of this section has been satisfied.
(B) Notice by publication. The Administrative Official shall cause a notice to be published in a newspaper published in, or of general circulation within, the village at least once no less than 15 days, nor more than 30 days, in advance of the hearing date, containing the information required in the notice in subsection (A) above.
(Ord. 968, passed 11-13-2006; Ord. 1018, passed 6-22-2009; Ord. 1126, passed 5-19-2014; Ord. 1340, passed 10-23-2023)