A.   To make final decisions on applications for amendments to the text of this Title and the zoning map;

B.   To make final decisions on applications for special use permits;

C.   To make final decisions on applications for major variations;

D.   To hear appeals of the decisions of the PCZBA on minor variations;

E.   To make final decisions on applications for Level 3 (Major) design reviews;

F.   To hear appeals of the decisions of the ABR on Level 2 design reviews;

G.   To hear appeals concerning administrative decisions and the final decisions of the ABR on sign permits;

H.   To hear and make final decisions on applications for sign hardship exemptions;

I.   To hear and make final decisions on zoning relief necessary to settle litigation;

J.   To make final decisions on applications for planned residential developments, planned commercial developments, and planned mixed-use developments;

K.   To make final decisions on minor adjustments to a planned mixed-use development;

L.   To make final decisions on applications for approval of development plans in the Recreational, Institutional, and Open Space District;

M.   To refer any matter before it to an advisory board or commission for further review, study, and recommendations concerning any zoning matters; and

N.   To exercise any other power permitted by and consistent with the authority granted to the Board of Trustees pursuant to this Title and other Titles of the Village Code, statutes, ordinances, and the Village's home rule powers. (Ord. 2022-38, 12-12-2022)

A.   To hear and issue recommendations on applications for amendments to the text of this Title and the zoning map;

B.   To hear and issue recommendations on applications for special use permits;

C.   To hear and issue recommendations on applications for major variations;

D.   To make final decisions on minor variations;

E.   To hear appeals concerning the administrative decisions of the Building Commissioner and Village staff pursuant to the Zoning Regulations and the Illinois Municipal Code unless specified otherwise, including, without limitation, the issuance of building permits denied for not being consistent with the Zoning Regulations and use interpretations;

F.   To hear and issue recommendations on applications for planned residential developments, planned commercial developments, and planned mixed-use developments;

G.   To hear and issue recommendations on applications for approval and modifications to Recreational, Institutional, and Open Space District development plans;

H.   To review, study, and make recommendations to the Village Board concerning any zoning matters referred to it by the Village Board; and

I.   To exercise any other power permitted by and consistent with the authority granted to the PCZBA pursuant to this Title and other Titles of the Village Code, statutes, ordinances, and the Village's home rule powers. (Ord. 2022-38, 12-12-2022)

A.   To hear and issue recommendations on applications for Level 3 (Major) design reviews;

B.   To hear and make final decisions on applications for Level 2 design reviews;

C.   To hear and make final decisions on applications for sign permits not subject to administrative decisions;

D.   To hear and issue recommendations on applications for sign hardship exemptions; and

E.   To exercise any other power permitted by and consistent with the authority granted to the Architectural Review Board pursuant to this Title and other Titles of the Village Code, statutes, ordinances, and the Village's home rule powers. (Ord. 2022-38, 12-12-2022)

A.   To make final decisions on minor changes to special use permits;

B.   To make final decisions on applications for Level 1 (Minor) design reviews;

C.   To make final decisions on applications for electrical sign permits;

D.   To make final decisions on applications for certificates of occupancy;

E.   To issue interpretations, including use interpretations, of the Zoning Regulations;

F.   To make final decisions on minor adjustments to a planned commercial development;

G.   To receive, review, and forward applications for development reviews under the Zoning Regulations to the appropriate reviewing bodies;

H.   To conduct inspections of structures and uses of land and structures to determine compliance with the Zoning Regulations;

I.   To enforce the Zoning Regulations as provided in Article 2D of Chapter 2 of this Title, and as using such powers as are otherwise available pursuant to state statute and the Village's home rule authority; and

J.   To exercise any other power permitted by and consistent with the authority granted to the Building Commissioner pursuant to this Title and other Titles of the Village Code, statutes, ordinances, and the Village's home rule powers. (Ord. 2022-38, 12-12-2022)

A.   Form: Applications must be made in a form and provided in a number determined by the Building Commissioner.

B.   Submission Deadline: The Building Commissioner shall set reasonable submission deadlines for the various application types contemplated by the Zoning Regulations so as to provide adequate time for public notice and staff review.

C.   Application Fees: Each application for any action requested under the Zoning Regulations shall be accompanied by the fees set out in Section 1-12-3 of this Code, which shall be reasonable reimbursement for the Village's cost and expenses in administering the application and any requested action. Every such fee shall be payable in full upon the submission of an application whether or not the requested relief is ultimately granted.

D.   Payment of Fees Required: The owner of the property that is the subject of the application, and if different, the applicant, shall be jointly and severally liable for the payment of all application fees. The failure to pay any fee or balance due, including any cost recovery fees required by Section 10-2B-3 of this Title, is grounds to:

1.   Cease processing or refuse to process, any application;

2.   Deny, revoke, or repeal any permit or approval;

3.   File and foreclose a lien on the subject property in the amount of the fees due as well as the costs of collection, no sooner than 30 days following the mailing of a written demand for payment at the address shown on the application. By signing the application, the owner shall be deemed to have agreed to pay such fees and to consent to the filing and foreclosure of a lien, which may be foreclosed in the manner provided by statute for mortgages or mechanics' liens; and,

4.   Toll (e.g. pause) any time period provided by the Zoning Regulations that, when elapsed, would result in an automatic approval or an automatic recommendation of approval.

E.   Waiver of Fees for Certain Public And Charitable Bodies: Some or all fees payable under the Zoning Regulations, including cost recovery fees, may be waived by or pursuant to policy established by the Village Board of Trustees for any application filed by: (i) any public body; (ii) any agency deriving the majority of its revenues from taxes levied within the Village; or (iii) any charitable or eleemosynary organization.

F.   Payment of Taxes and Fines Required: No application for any action requested under the Zoning Regulations shall be processed unless all taxes, special assessments, fees and fines, and other governmental levies against the subject property or any part thereof that are due have been paid in full or are subject a pending appeal.

G.   Successive Applications Prohibited:

1.   No application for action requested under the Zoning Regulations shall be resubmitted for a period of one year from the date of such denial of an application, either in whole or in part, except upon except on the grounds of substantial new evidence or proof of changed conditions.

2.   If the application is resubmitted earlier than one year from the date of denial, either in whole or in part, such subsequent application must include a detailed statement of the grounds justifying its consideration.

3.   The Building Commissioner will make a determination as to whether the subsequent application is appropriate for resubmittal prior to the expiration of the one year wait requirement. If the Building Commissioner finds that there are no grounds for consideration of the subsequent application, the Building Commissioner shall summarily, and without hearing, deny the request.

H.   Minimum Contents of Application: Every application must include, at a minimum, the following information, as well as any additional information required in other applicable sections of the Zoning Regulations:

1.   The owner's name and address, and if submitted by someone other than the owner, the applicant's name and address and the owner's signed consent to the filing of the application;

2.   Except for applications filed by the Village, proof of ownership or current contract to purchase or lease the subject property;

3.   The names and addresses of all professional consultants, if any, advising the applicant with respect to the application;

4.   The address, legal description, and property index number of the subject property; and

5.   A plat of survey completed by a licensed surveyor accurately representing the current site conditions, including any existing buildings; trees over three inches in diameter; and walkways, driveways, patios, and other paved surfaces.

I.   Adjustments to Application Requirements:

1.   Waiver of Requirements: Notwithstanding any other Section of the Zoning Regulations, the Building Commissioner may modify or waive any application requirement that is unnecessary for the consideration of a request, even where "shall" or "must" is used to describe a requirement.

2.   Additional Information: The Building Commissioner and any reviewing body may request that the applicant provide additional information beyond the minimum information required where necessary to evaluate an application.

3.   Submission of Technical Studies: As a specific type of additional information to be requested of the applicant, the Building Commissioner may require the submission of technical studies necessary to evaluate the application. Such studies may concern subjects such as traffic, stormwater, engineering, hydrology, environmental impact, noise, marketability, or financial impact. The Building Commissioner may seek such studies from the applicant or from the Village's own technical consultants. In either case, the cost of all studies shall be borne by the applicant. The Building Commissioner's decision to require a study may be appealed as provided in Section 10-2C-7 of this Title.

J.   Withdrawal of Application: An applicant has the right to withdraw an application at any time prior to the decision on the application by a deciding body, including the ability to withdraw the application if it has been tabled by any deciding or reviewing body prior to a final decision. Requests for withdrawal must be made in writing by the applicant. There will be no refund of fees and the applicant shall be responsible for reimbursing the Village for its fees and costs incurred by the Village up to the time the application is withdrawn that may become due and payable pursuant to Section 10-2B-3 of this Code. (Ord. 2022-38, 12-12-2022)

A.   Fee Established: Every application filed and processed pursuant to this Title that requires the Village to incur third party costs or expenses, including, without limitation, legal fees incurred for the Village Attorney or any attorney or firm retained by the Village, shall be subject to the cost recovery fee and escrow provisions set forth in this Section. The cost recovery fee shall in addition to any and all other filing fees and other charges established pursuant to this Code. For purposes of this Section, the word "application" shall be deemed to include and refer to any and all petitions and applications filed or processed pursuant to this Title.

B.   Responsibility for Payment: The owner of the property that is the subject of the application and, if different, the applicant, shall be jointly and severally liable for the payment of the cost recovery fee, and for the establishment of the cost recovery escrow. By signing the application, the owner or applicant shall be deemed to have agreed to pay, and to have consented to, the cost recovery fee, plus any costs of collection, that have not been paid within 30 days following the mailing of a written demand for payment to the applicant at the address set forth on the application, including any additional cost recovery fees assessed under subsection 10-2B-3.D.3. Any lien filed pursuant to this subsection may be foreclosed in the manner provided for mortgages or mechanics liens under Illinois law.

C.   Recoverable Costs: For purposes of calculating the cost recovery fee, the costs incurred by the Village with respect to the following items shall be deemed to be the "actual costs" incurred by the Village in processing an application shall include the costs for:

1.   Publication and mailing of notices;

2.   A court reporter;

3.   Professional and technical consultant services (including, without limitation, landscape and other design review);

4.   The Village Attorney, or other Village retained attorney or law firm, consultation, meeting attendance, document preparation, and review;

5.   Making copies of the application and any other records used to process or consider an application; and

6.   Document recordation.

D.   Cost Recovery Fee Payment and Cost Recovery Escrow.

1.   Initial Payment and Cost Recovery Escrow: Every application shall be accompanied by the required application fee plus an advance estimate of the cost recovery fee, to be deposited in the cost recovery escrow account established by the Village. The advance estimate shall be in an amount established and adjusted from time to time by administrative order of the Village Administrator. No interest shall be payable to the applicant on any funds retained in such escrow account.

2.   Charges Against Cost Recovery Escrow: From the date of filing of any application, the Village shall maintain an accurate record of the actual costs of processing the application. The Village Administrator or the Village Administrator's designee shall, from time to time, draw funds from the cost recovery escrow account established for the application to pay such actual costs and shall transfer the funds to the appropriate Village accounts. The Village Administrator or the Village Administrator's designee shall maintain an accurate record of all the drawings from the cost recovery escrow account.

3.   Additional Cost Recovery Escrow Deposits: Should the Village Administrator or the Village Administrator's designee at any time determine that the cost recovery escrow account established in connection with any application is, or likely to become, insufficient to pay the actual costs of processing the application, the Village Administrator or the Village Administrator's designee shall provide notice of the insufficiency to the owner or applicant and demand an additional deposit in an amount deemed by the Village Administrator or the Village Administrator's designee to be sufficient to cover current and foreseeable additional costs. If the additional deposit is not provided to the Village Administrator or the Village Administrator's designee within 30 days of the mailing of notice and demand to the owner or applicant, Village Administrator or the Village Administrator's designee may direct that processing of the application be suspended or terminated.

4.   Final Settlement: As soon as reasonably feasible following final action on an application, the Village Administrator or the Village Administrator's designee shall cause a final accounting to be made of the cost recovery escrow deposits made in connection with the application and of the actual cost of processing the application and shall make a final charge of the actual costs against the cost recovery escrow deposits. A copy of the accounting shall be provided to the owner and the applicant.

5.   Insufficient Amounts; Reimbursement: If the amount in the cost recovery escrow account is insufficient to pay the total actual costs, a written demand for payment of the balance due shall be mailed to the owner and the applicant. Any remaining funds in the cost recovery escrow account after payment of the total actual costs due pursuant to this Section shall be returned to the owner or applicant, as applicable.

E.   Condition of All Applications, Approvals, and Permits: No application filed pursuant to this Title shall be considered complete unless and until all fees and deposits due pursuant to this Section have been paid. Every approval granted and every permit issued pursuant to this Title shall, whether or not expressly so conditioned, be deemed to be conditioned upon payment of cost recovery fees as required by this Section.

F.   Tolling of Time Periods: Where this Title provides that the passage of time without decision or action shall be deemed an approval or a recommendation for approval, time periods shall be tolled during any period of non-payment of the cost recovery fees and deposits due pursuant to this Section, but shall otherwise continue to run.

G.   Failure to Pay Cost Recovery Fees: The failure to pay in full when due any cost recovery fee or deposit required under this Section shall be grounds for refusing to process an application and for denying or revoking any permit, or approval sought or issued with respect to the land or development to which the unpaid cost recovery fee or deposit relates. (Ord. 2022-38, 12-12-2022)

A.   Notice Requirements: Notice for the following types of zoning relief shall be provide in the following manner and pursuant to the requirements of this Section:

B.   Contents of Notice: Every notice must include, at a minimum:

1.   The date, time, and place of the hearing or meeting;

2.   The name of the applicant;

3.   If the application concerns a specific property, the address, assigned property index number, or legal description of the property;

4.   The types of action or relief sought by the applicant.

C.   Notice to Adjacent Owners: Where required by this Section, the Village will provide service of notice by first class mail or by personal delivery to owners abutting the subject property. Notice shall be postmarked or personally delivered no less than 10 days prior to the scheduled meeting or hearing date.

D.   Mailed Notice to Surrounding Owners: Where required by this Section, the Village will send notice to the owners of all properties located partially or completely within 300 feet from the property line of the subject property, which 300 feet shall include any streets, alleys, and rights-of-way. Notice shall be by first class mail postmarked within the number of days specified in Subsection A of this Section, inclusive, in advance of the scheduled hearing or meeting date.

E.   Newspaper Notice: Where required by this Section, the Village will publish notice in a newspaper of general circulation within the Village no less than 15 days, nor more than 30 days, in advance of the scheduled hearing or meeting date.

F.   Additional Notice: The Building Commissioner may cause additional forms of notice to be provided to the public so as to disseminate information or encourage participation. The reasonable costs of doing so shall be at the applicant's expense as provided in Section 10-2B-3. (Ord. 2022-38, 12-12-2022)

A.   Representation: All interested parties may appear in person, by agent, or by an attorney, and be heard at the hearing held pursuant to an application.

B.   Submission of Testimony: All persons offering testimony at a public hearing shall testify under oath, including the applicant, members of the public, and any agents, attorneys, or experts. All persons wishing to testify at the public hearing shall state for the record their name and shall be asked to provide the place of residence. Written statements will be accepted prior to the hearing to be entered into the public hearing record.

C.   Submission of Evidence: Any person may appear at a hearing and submit evidence, upon receiving recognition from the Chair of the body conducting the hearing.

D.   Redundant or Irrelevant Testimony: The Chair may use reasonable discretion in determining when testimony has become redundant or is not relevant to the proceedings.

E.   Continuances: The Chair, with approval of the body conducting the hearing, may continue the public hearing. In order to reopen the hearing, no new notice shall be required if a hearing is continued to a date specified, provided that a public announcement of the future date, time, and place of the continued hearing is made at the hearing and placed in the minutes. If the hearing is adjourned, rather than continued to a date specified, in order to reopen the hearing, all notices must be given that would have been required for the initial public hearing. (Ord. 2022-38, 12-12-2022)

A.   Purpose: The regulations imposed and the districts created by the Zoning Regulations may be amended from time to time in accordance with this Section. The process for amending the text of the Zoning Regulations or the zoning map to rezone certain land and territory, is intended to permit modifications in response to changed conditions or changes in Village policy. Amendments are not intended to relieve particular hardships or confer special privileges or rights upon any person or party.

B.   Parties Entitled to Seek Amendments: The Board of Trustees, the PCZBA, and the owner of any property to be affected by a proposed amendment may apply for an amendment to the text of the Zoning Regulations or the zoning map to rezone certain land and territory.

C.   Application: In addition to the general requirements of Article B of Chapter 2 of this Title concerning applications, an applicant for a text or map amendment must provide a written statement setting forth the purpose of the request.

D.   Authority and Procedure:

1.   Notice and Public Hearing: Upon receipt by the Building Commissioner of a complete application for an amendment that has been filed, the Building Commissioner shall schedule the matter for hearing before the PCZBA. Not more 90 days after the filing of an application, a hearing shall be held on the application unless otherwise agreed to by the applicant.

2.   Action by PCZBA: Following the conclusion of the public hearing, the PCZBA shall make its recommendation to the Board of Trustees on the proposed amendment, which recommendation shall be forwarded to the Board of Trustees within 60 days after the close of the public hearing. The failure of the PCZBA to provide a recommendation within such 60-day period, or such other time to which the applicant may, in writing, agree, shall be deemed a recommendation against the proposed amendment.

3.   Action by the Board of Trustees: Following the receipt of the recommendation from the PCZBA, the Board of Trustees shall commence consideration of the proposed amendment. To approve the proposed amendment, with or without modifications, the Board must duly adopt an ordinance.

4.   Special Procedure for Frontage Protests: In the event a duly signed and acknowledged protest against a proposed map amendment is filed with the Village clerk before the adoption of such amendment by the owners of 20 percent or more of the frontage to be affected by the proposed map amendment, or by the owners of 20 percent or more of the frontage immediately adjoining or across therefrom, or by the owners of 20 percent or more of the frontage directly opposite the frontage to be affected, the proposed amendment shall not be passed except by a favorable vote of two-thirds of all the Trustees then holding office.

E.   Standard of Review: The decision to amend the text of the Zoning Regulations or the Zoning Map to rezone certain land or territory is an exercise of legislative discretion that is not controlled by any set standard. In considering an application for an amendment the PCZBA and Board of Trustees may consider, without limitation:

1.   For text and map amendments:

a.   The consistency of the proposed amendment with the purposes of the Zoning Regulations;

b.   The community need for the proposed amendment and any uses or development it would allow;

c.   The impact of granting the proposed amendment on the public health, safety and welfare; and

d.   The conformity of the proposed amendment with the Village's Comprehensive Plan and Zoning Map, or the reasons justifying its lack of conformity.

2.   For map amendments:

a.   The existing uses and zoning of properties in the vicinity of the subject property;

b.   Development trends in the vicinity of the subject property;

c.   The impact of the property's existing zoning on its value;

d.   The suitability of the subject property for uses permitted under its current zoning, including the availability of adequate utilities and essential public services;

e.   The impact of the proposed amendment on:

f.   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. (Ord. 2022-38, 12-12-2022)

A.   Purpose: There are certain uses authorized by the Zoning Regulations that, because of their unique characteristics, should be subject to review of the impact of those uses upon neighboring land and the community need for the particular use at the particular location. Further, the imposition of individualized conditions may be necessary to ensure that the use is appropriate at a particular location. However, the review exercised by this process is not intended to manage or interfere in commercial competition.

B.   Who May Apply: A special use permit application may be initiated only by the owner of a subject property.

C.   Application: In addition to the general requirements in Article B of Chapter 2 of this Title concerning applications, the applicant must provide:

1.   A written statement setting forth the basis of the request and responsive to the standards for reviewing special use permits; and

2.   If the proposed special use involves the construction, addition, demolition, or external modification of any structure, then the application must be accompanied by a site plan showing the proposed work and other site features relevant to review of the proposed use.

D.   Authority and Procedure:

1.   Notice and Public Hearing: Upon receipt by the Building Commissioner of a complete application for special use, the Building Commissioner shall schedule the matter for hearing before the PCZBA. Not more 90 days after the filing of an application, a hearing shall be held on the application, unless otherwise agreed to by the applicant.

2.   Action by PCZBA: Following the conclusion of the public hearing, the PCZBA shall make its recommendation to the Board of Trustees on the application for a special use, which recommendation shall be forwarded to the Board of Trustees, within 60 days after the close of the public hearing. The failure of the PCZBA to provide a recommendation within such 60 day period, or such further time to which the applicant may, in writing, agree, shall be deemed a recommendation against the issuance of the special use.

3.   Action by the Board of Trustees: Following the receipt of the recommendation from the PCZBA, the Board of Trustees shall commence consideration of the application for a special use. To approve the application, with or without modifications, the Board must duly adopt an ordinance.

E.   Standard of Review: No special use may be recommended for approval, or approved, unless findings have been made to support each of the applicable conclusions set forth below based upon the evidence presented at the public hearing:

1.   General Standard: The proposed use will not have a substantial or undue adverse effect upon adjacent property, the character of the area, or the public health, safety, and general welfare;

2.   No Interference With Surrounding Development: The proposed use will be constructed, arranged, and operated so as not to dominate the immediate vicinity or to interfere with the use and development of neighboring property in accordance with the applicable district regulations;

3.   Adequate Public Facilities: The proposed use will be served adequately by essential public facilities and services such as streets, public utilities, drainage structures, police and fire protection, refuse disposal, parks, libraries, and schools, or the applicant shall provide adequately for such services as a condition of being granted a special use permit under this section;

4.   No Traffic Congestion: The proposed use will not cause undue traffic or traffic congestion;

5.   No Destruction Of Significant Features: The proposed use will not result in the destruction, loss, or damage of natural, scenic or historic features of significant importance;

6.   Compliance With Standards: The proposed use will comply with all additional standards imposed on it by the particular provision of this Title authorizing such use; and

7.   Regulatory Purposes: The proposed use will be in harmony with the general and specific purposes for which the Zoning Regulations and the regulations of the district in question were enacted.

F.   Protective Conditions: The PCZBA may recommend, and the Board of Trustees may require, conditions or restrictions upon the construction, location, and operation of a special use as shall be deemed necessary to ensure compliance with the Board of Trustee's findings and to satisfy the applicable standards found in this Section. Conditions must have a rational nexus to the potential impacts of the proposed special use, and must be roughly proportional, both in nature and extent, to the impacts of the proposed special use.

G.   New Ownership: Provided the special use has not abandoned or discontinued, any new owner or occupant of a property previously granted a special use may continue the operation of an established special use provided that: (i) the ordinance granting the special use did not prohibit or restrict the transfer of the special use to a new owner or occupant; (ii) the new owner or occupant complies with all conditions placed upon the special use; and (iii) the new owner or occupant signs a transferee assumption agreement in a form approved by the Village Board within 60 days of the commencement of ownership or occupancy, pursuant to which the new owner or occupant agrees to comply with the Zoning Regulations and any conditions set forth in the ordinance granting the special use. Any failure to meet these requirements is a violation of this Title and constitutes grounds for the revocation of the special use permit.

H.   Discontinuation of Special Use: A special use permit shall become null and void if the special use for which the permit was granted ceases for more than six consecutive months. For special uses that are seasonal in nature, such as an outdoor swimming pool, the special use permit shall remain effective so long as the use continues to operate each season.

I.   Administrative Approval of Minor Changes: Additions and expansion of an existing special use are permitted only in accordance with the same procedures and standards established under this section for new special uses. However, minor changes in the site plan or design details of an approved special use that are consistent with the standards and conditions applying to the special use, such as the realignment of parking spaces and aisles, the relocation of a driveway, or a change in the selection of building materials, may be approved by the Building Commissioner without obtaining separate approval. Minor changes may be approved by the issuance of a letter of interpretation where the Building Commissioner states that the proposed changes comply with all standards set forth in the Zoning Regulations and all conditions attached to approval of the special use by the Village Board. The Building Commissioner, at their discretion, may forward any request for such changes to the PCZBA and the Village Board for full review and approval in accordance with the requirements of this section, as if the request were for approval of a new special use. No minor change approved by the Building Commissioner may violate any condition imposed by the Village Board in an ordinance approving a special use. (Ord. 2022-38, 12-12-2022)

A.   Purpose: The variation process is to provide a narrow and tailored means to grant relief from unforeseen applications of the Zoning Regulations that create practical difficulties or particular hardships.

B.   Variations from Zoning Regulations; Exceptions: An applicant may apply for a variation from any provision of the Zoning Regulations except:

1.   Chapter 11 of the Zoning Regulations, concerning tree protection;

2.   This Section;

3.   The drainage plan approval requirements of Section 10-5-6, concerning maximum residential floor area; and

4.   Any regulation establishing permitted, accessory, prohibited, or special uses applicable to any property in the Village, regardless of whether such regulations are established by the Zoning Regulations, a planned development ordinance, or a special use permit ordinance.

C.   Who May Apply: An application for a variation may be initiated only by the owner of a subject property.

D.   Application: In addition to the general requirements of Article B of Chapter 2 of this Title concerning applications, the applicant must provide:

1.   A site plan showing the proposed work and other site features relevant to review of the proposed relief. The site plan must be clearly annotated to show the nature and magnitude of the requested relief;

2.   Plans, drawings, or specifications that reasonably illustrate the proposed work; and

3.   For residential properties, calculations that show the status of the current and proposed improvements of the property in regards to the bulk regulations. The Building Commissioner may require the calculations to be stamped by a licensed design professional in the State of Illinois.

E.   Authority and Procedure.

1.   Notice and Public Hearing: Upon receipt by the Building Commissioner of a complete application for a variation, the Building Commissioner shall schedule the matter for hearing before the PCZBA. Not more 90 days after the filing of an application, a hearing shall be held on the application, unless otherwise agreed to by the applicant.

2.   Action by the PCZBA:

a.   Major Variations: Following the conclusion of the public hearing, the PCZBA shall make its recommendation to the Board of Trustees on the application for a Major Variation, which recommendation shall be forwarded to the Board of Trustees, within 60 days after the close of the public hearing. The failure of the PCZBA to provide a recommendation within such 60 day period, or such further time to which the applicant may, in writing, agree, shall be deemed a recommendation against the issuance of the Major Variation.

b.   Minor Variations: Following the conclusion of the public hearing, the PCZBA may, by a concurring vote of not less than four members of the PCZBA, approve or deny applications for Minor Variations by written order.

c.   Multiple Types of Zoning Relief: Not withstanding anything to the contrary in subsection 10-2C-4.E.2, if an application seeks multiple types of zoning relief that both the PCZBA and the Village Board of Trustees would otherwise have final authority to grant or deny, any relief that would otherwise within the authority of the PCZBA to grant shall, such approval authority shall automatically be transferred to the Board of Trustees and the PCZBA shall be a recommending body.

3.   Action by the Board of Trustees: Following the receipt of the recommendation from the PCZBA on applications for Major Variations or applications for multiple types of zoning relief, the Board of Trustees shall commence consideration of the application. To approve the application, with or without modifications, the Board must duly adopt an ordinance.

4.   Special Procedure for Negative Recommendation: In the event that the PCZBA recommends that a variation be denied, the favorable vote of two-thirds of all of the Trustees of the Village then holding office shall be required to grant the variation.

F.   Standard of Review: No variation may be recommended for approval, or approved, unless findings have been made to support each of the following conclusions based upon the evidence presented at the public hearing:

1.   Unique Physical Condition: The subject property or structure is exceptional as compared to other lots and structures subject to the same provision by reason of a unique physical condition, including: a) presence of an existing use, structure, or sign, whether conforming or nonconforming; b) irregular or substandard shape or size; c) exceptional topographical features; or d) other extraordinary physical conditions peculiar to and inherent in the subject property or structure that amount to more than a mere inconvenience to the owner and that relate to or arise out of the lot or structure rather than the personal situation of the current owner of the lot or structure.

2.   Not Merely Special Privilege: The alleged hardship or difficulty is not merely the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision, nor merely an inability to make more money from the sale of the subject property; provided, however, that where the standards herein set out exist, the existence of an economic hardship shall not be a prerequisite to the granting of an authorized variation.

3.   Regulatory Purposes: The variation would not result in a use or development of the subject property that would not be in harmony with the general and specific purposes for which the Zoning Regulations and the provision from which a variation is sought were enacted.

4.   Public Health And Safety: The variation would not: a) impair an adequate supply of light and air to adjacent property; b) increase the congestion in public streets unreasonably, or increase parking requirements on public streets unreasonably; c) increase the hazard of fire; d) endanger the public safety; e) diminish or impair the value of property within the area surrounding the subject property; or f) in any other respect impair the public health, safety, comfort, morals, and welfare.

G.   Protective Conditions: Any recommending body may recommend, and any approving body may require, conditions or restrictions upon the construction, location, and operation of any development authorized by a variation as shall be deemed necessary to ensure compliance with its findings and to satisfy the applicable standards found in this Section. Conditions must have a rational nexus to the potential impacts of the proposed variation, and must be roughly proportional, both in nature and extent, to the impacts of the proposed variation.

A.   Purpose: The purpose of the design review process is to protect, preserve, and enhance the natural and architectural environment of the Village, property values, and to promote the health, safety, and welfare of the Village and its residents.

B.   Regulated Activities: No person may engage in the following activities without first obtaining design approval in accordance with the procedures of this Section:

1.   Constructing, altering, enlarging, or remodeling the exterior appearance of any building or structure (such as, without limitation, any wall, fence, paved driveway, paved parking or loading area, sidewalk, sign, or light pole);

2.   Altering the access, circulation, or parking of vehicles, bicycles, or pedestrians, such as by changing the number or designation of parking stalls or the designated use or direction of access drives;

3.   Substantially changing outdoor lighting fixtures, such as by adding or removing light fixtures or by increasing or decreasing the intensity, color temperature, distribution pattern, or shielding of a light fixture. The changing of light bulbs shall not constitute a substantial change to an outdoor lighting fixture;

4.   Removing any landscape furniture, such as benches, waste receptacles, or bicycle racks; and

5.   With respect to any site or use for which design approval has been previously granted, doing anything materially different from or in addition to what is shown, described, required and/or approved as part of the prior approval, including any conditions of such design approval.

C.   Exempt Activities: Notwithstanding anything to the contrary in Section 10-2C-6.B, the following activities are exempt from this requirements of this Section:

1.   Any activity wholly concerning a single-family residential use, provided that this exemption does not apply to improvements that benefit a residential development, such as, for example, common areas and amenities maintained by a homeowners or condominium association;

2.   The painting or refinishing of existing surfaces to restore the previously approved color;

3.   Changes to signage subject to review by the Architectural Board of Review pursuant to Chapter 10 of the Zoning Regulations;

4.   The total demolition of the principal structure upon a site; or

5.   Emergency work as authorized (i) elsewhere in the Zoning Regulations or (ii) in Title 9 of this Code. In the event that the Building Commissioner permits emergency work that exempts a property owner or occupant from the provisions of this Section, the Building Commissioner may condition its approval of the emergency work on the owner's or occupant's compliance with conditions related to the design of any improvements or alterations made during such emergency work so as to preserve the purposes and protect the objectives of the design review process while also providing flexibility due to the exigent needs related to the emergency work.

D.   Who May Apply: An application for design approval may be initiated only by the owner of a subject property.

E.   Application: In addition to the general requirements of Article B of Chapter 2 of this Title concerning applications, the applicant must provide:

1.   A site plan for the subject property showing proposed building location(s), land use areas, sidewalks, pedestrian walks, parking lot and walkway lighting, signage, site amenities, the location of garbage and refuse collection points, mail pick up points, and loading areas;

2.   A vehicle traffic and parking plan for the subject property detailing the access locations, access geometry, on-site traffic circulation and parking areas;

3.   Preliminary drawings for buildings to be constructed on the subject property, including floor plans, exterior elevations and sections, and building materials. A color, three-dimensional rendering where warranted by the complexity of the design;

4.   Preliminary landscaping plans for the subject property, including site grading, irrigation, and landscaping design; and

5.   For property in the CBD or R-5 Districts, streetscape elevation plans showing elevations for the buildings and structures on the immediately adjacent properties.

F.   Authority and Procedure:

1.   Types of Design Approvals: For purposes of this Section, the following terms have the following meanings:

a.   Level 1 Design Approval (Administrative Review): The approval of a regulated activity that, in the judgement of the Building Commissioner, consist entirely of regulated activities that are either or both:

b.   Level 2 Design Approval: The approval of any regulated activity which is not subject to Level 1 or Level 3 review.

c.   Level 3 Design Approval (Major): The approval of:

2.   Level 1 Design Approval: Upon receipt of a complete application for a Level 1 Design Approval, the Building Commissioner shall approve the application administratively if, in the sole judgment of the Building Commissioner, the application:

a.   Qualifies for a Level 1 Design Approval pursuant to Section 10-2C-6.F.1 of this Code; and

b.   Satisfies the standards set forth in Section 10-2C-6.G of this Code.

3.   Level 2 Design Approval: Upon receipt by the Building Commissioner of a complete application for a Level 2 Design Approval, the Building Commissioner shall schedule the matter for a meeting before the Architectural Board of Review, which meeting shall occur not more than 60 days after the filing of a complete application, unless otherwise agreed to by the applicant. The Architectural Board of Review shall approve the application if the application satisfies the standards set forth in Section 10-2C-6.G of this Code.

4.   Level 3 Design Approval:

a.   Action by the Architectural Board of Review: Upon receipt by the Building Commissioner of a complete application for a Level 3 Design Approval, the Building Commissioner shall schedule the matter for a meeting before the Architectural Board of Review, which meeting shall occur not more than 60 days after the filing of a complete application, unless otherwise agreed to by the applicant. The Architectural Board of Review shall make a recommendation to the Board of Trustees on the application for a Level 3 Design Approval, which recommendation shall be forwarded to the Board of Trustees, within 60 days after the adoption of the recommendation. The failure of the Architectural Board of Review to provide a recommendation within such 60 day period, or such further time to which the applicant may, in writing, agree, shall be deemed a recommendation against the approval of a Level 3 Design Approval.

b.   Action by the Board of Trustees: Following the receipt of the recommendation from the Architectural Board of Review on applications for Level 3 Design Approvals, the Board of Trustees shall commence consideration of the application and shall grant approval upon finding that the application satisfies the standards set forth in Section 10-2C-6.G of this Code.

G.   Standard of Review: No application for design approval may be recommended for approval, or approved, unless findings are made that the application protects, preserves, and enhances the natural and architectural environment of the Village, property values, and the health, safety, and welfare of the Village and its residents. In evaluating whether this standard has been satisfied, the following factors shall be considered:

1.   The quality of architectural design, including the quality and selection of materials; the use of materials or design elements that are visually compatible within the site and in comparison to the site's surroundings; consistency of treatments throughout a design; and the avoidance of materials or design elements that are duplicative or monotonous in comparison to their surroundings;

2.   The design's compatibility with natural and man-made features in the surrounding area, especially as to height, scale, and the protection of features with significant natural, cultural, or historic value;

3.   The design's effect upon adjacent properties and benefit to the public health, safety, and general welfare;

4.   The quantity, quality, utility, size and type of open spaces and landscape improvements, including the provision of open spaces between a use and adjacent uses and rights of way and the reasonable preservation of existing trees and natural landscaping;

5.   The suitability of a project's provisions for convenient and safe vehicular access, circulation, and parking;

6.   The suitability of a project's provisions for access and circulation by bicyclists and pedestrians in a manner that is convenient, safe, and integrative of adjacent public and private amenities for these users;

7.   The location and screening of a project's waste disposal areas, loading areas, air-conditioning units, and other mechanical and service facilities; and

8.   Conformance with any additional criteria for design review located elsewhere in this Title;

9.   Conformance with all requirements of this Code and other applicable laws.

H.   Protective Conditions: Any recommending body may recommend, and any approving body or the Building Commissioner (if a Level 1 Design Approval) may impose conditions or restrictions upon the construction, location, and operation of any development authorized by design review as shall be deemed necessary to ensure compliance with its findings and to satisfy the applicable standards found in this Section. Conditions must have a rational nexus to the potential impacts of the proposed design, and must be roughly proportional, both in nature and extent, to the impacts of the proposed development. (Ord. 2022-38, 12-12-2022)

A.   Purpose: The interpretation authority established by this Section is intended to recognize that the provisions of the Zoning Regulations, though detailed and lengthy, cannot possibly address every specific use to which a subject property may be used. Many such situations can, however, be readily addressed by an interpretation of the specific provisions of the Zoning Regulations in light of the general and specific purposes for which those provisions have been enacted. Because the interpretation authority herein established is an administrative rather than a legislative authority, it is not intended to add to or change the essential content of the Zoning Regulations but, rather, is intended only to allow authoritative application of that content to specific cases.

B.   Uses of Property: No property in the Village may be used for any purpose other than those than those permitted and special uses identified in the zoning use table for the applicable zoning district except upon the issuance of a use interpretation in accordance with the requirements of this Section. A use interpretation may result in the treatment of an unlisted use as a permitted or special use within a certain zoning district.

C.   Authority: The Building Commissioner may, subject to the procedures, standards, and limitations of this Section, render use interpretations as to whether a proposed use of a subject property is permitted under the Zoning Regulations.

D.   Who May Apply: An application for a use interpretation may be initiated only by the owner of a subject property.

E.   Application:

1.   All applications for an interpretation must be for the purpose of furthering some actual development or use within the Village. No request for a use interpretation will be accepted when it is only hypothetical in nature and does not concern an actual proposal for a development or to use a property in a particular manner.

2.   In addition to the general requirements of Article B of Chapter 2 of this Title concerning applications, the application must state:

a.   The facts and circumstances that are the basis for the request for a use interpretation; and

b.   The use or uses that are asserted by the applicant to include, or be the most similar to, the proposed use.

F.   Procedure:

1.   Action By Building Commissioner:

a.   Prior to issuing an interpretation, the Building Commissioner may request a conference with the applicant to discuss the request.

b.   The Building Commissioner must review the application and render an interpretation within 30 days of receipt of a complete application.

c.   The Building Commissioner shall produce a written interpretation in response to a request for interpretation that sets forth the facts, reasons, analysis, and standards upon which the interpretation is based.

2.   PCZBA Notice of Decision: The Building Commissioner shall transmit a copy of the interpretation to the Plan Commission and Zoning Board of Appeals at or prior to their next scheduled regular meeting as an informational report.

3.   Public Notice of Decision: The Building Commissioner shall cause mailed notice to be delivered to property owners near the site of the proposed development as described in Article B of Chapter 2 of this Title within seven days of issuing the Building Commissioner's interpretation. The notice shall state that the interpretation may be appealed to the Joint Plan Commission and Zoning Board of Appeals.

4.   Appeal: Any aggrieved person may appeal the Building Commissioner's interpretation issued pursuant to this Section to the Plan Commission and Zoning Board of Appeals pursuant to Section 10-2C-6 within 30 days of the date that the Building Commissioner issues its use interpretation. In calculating the time for an appeal concerning this Section, the date that public notice was mailed shall be considered the date the interpretation was issued.

G.   Standards for Use Interpretations:

1.   No use interpretation shall permit the establishment of any use that would be inconsistent with the statement of purpose of the zoning district in question.

2.   No use interpretation shall permit a use listed as a permitted or special permit use in any other zoning district to be established where such use is not so listed or such use is expressly prohibited.

3.   No use interpretation shall permit any use in a particular district unless such use is substantially similar to other uses permitted in such zoning district or, where a use will be treated as a special use, is substantially similar to other special uses in such zoning district.

4.   The Building Commissioner may consider the following factors in determining whether the proposed use is substantially similar to the permitted, special, or prohibited uses in the subject zoning district:

a.   The description and general characteristics of the use;

b.   The intensity of the use;

c.   The amount of site or floor area and equipment devoted to the use;

d.   The presence of and amount of sales from the use;

e.   The customer type for the use, such as whether sales are to consumers, businesses, or occur in-person or remotely;

f.   The number of employees involved in the use;

g.   The hours of operation of the use;

h.   The building and site arrangement for the use;

i.   The number and type of vehicles employed by the use;

j.   The number of vehicle trips generated by the use, including by employees, customers, and deliveries;

k.   How the use is advertised or represented;

l.   Whether the use would be likely to be found independent of the other activities on the site;

m.   Whether the use is subordinate to and serves another use in the development;

n.   Whether a use is subordinate in area, extent, or purpose to the principal building or use served;

o.   Whether the use contributes to the comfort, convenience or necessity of occupants, customers, or employees of a principal use; and

p.   Any other relevant evidence. (Ord. 2022-38, 12-12-2022)

A.   Authority: The Plan Commission and Zoning Board of Appeals shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Building Commissioner or other Village official in the administration or enforcement of the Zoning Regulations.

B.   Purpose: The appeal procedure is provided as a safeguard against arbitrary, ill-considered, or erroneous administrative decisions. It is intended to avoid the need for resort to legal action by establishing local procedures to review and correct administrative errors. It is not, however, intended as a means to subvert the clear purposes, meanings, or intents of this Code or the rightful authority of the Building Commissioner to enforce the requirements of this Code. To these ends, the reviewing body should give all proper deference to the spirit and intent embodied in the language of this Code and to the reasonable interpretations of that language by those charged with the administration of this Code.

C.   Who May Apply; Time Limitation: Any person aggrieved by an order, requirement, decision, or determination of the Building Commissioner or other Village official in the administration or enforcement of the Zoning Regulations may seek an appeal under this Section within 30 days after the date of the contested action. However, a person must first exhaust any ability provided in this Code or under applicable statutes to seek a formal interpretation of the Zoning Regulations before the person is eligible to file an appeal.

D.   Automatic Stay of Proceedings.

1.   Until a final decision regarding the contested action has been rendered, the filing of the administrative appeal will stay any proceedings in furtherance of the contested action and any development permitted by the contested action.

2.   If the Building Commissioner certifies that the stay would cause imminent peril to life or property, the proceedings shall not be stayed other than by a restraining order, which may be granted by the Plan Commission and Zoning Board of Appeals or by the Circuit Court on application, upon reasonable written notice to the Building Commissioner and on due cause shown.

E.   Application: An appeal must be filed in writing with the Building Commissioner no later than 30 days after the contested action. In addition to the general requirements of Article B of Chapter 2 of this Title concerning applications, the appeal must state:

1.   The administrative decision from which the appeal is taken.

2.   The specific provisions of the Zoning Regulations claimed by the applicant to be erroneously applied or interpreted.

3.   The specific reasons why the appealed application or interpretation of the Zoning Regulations is erroneous.

4.   The specific relief sought by the applicant.

F.   Procedure:

1.   Scheduling and Notice: The appeal will be considered at a regular or special meeting of the Plan Commission and Zoning Board of Appeals. The Building Commissioner shall provide the owner of the subject property and any other party to the appeal with written notice of the date, time, and place of the meeting in advance of the schedule meeting.

2.   Action by Plan Commission and Zoning Board of Appeals ("PCZBA"):

a.   The PCZBA shall conduct a public hearing in accordance with Article B of Chapter 2 of this Title and, within 30 days following its close, shall render a decision. The failure of the PCZBA to act within this 30 day time period, or within such further time as the applicant may agree, shall be deemed a decision denying the appeal.

b.   The PCZBA will, by written findings, reverse, affirm, or modify the contested administrative action or decision. Any vote to reverse, affirm, or modify shall require a majority vote of all members appointed to the PCZBA, whether or not they are present. In reversing, affirming, or modifying the contested action, the PCZBA has all related powers of the Building Commissioner.

c.   The contested action or decision may not be modified unless the PCZBA finds by clear and convincing evidence that the Building Commissioner has made an error in the application of interpretation of the terms of the Zoning Regulations or other related policies adopted by the Village, and the burden of proof for demonstrating same is on the applicant filing the appeal.

d.   In the event that the contested action is reversed or modified by the PCZBA, all subsequent administrative actions with regard to the subject matter must be in accordance with the reversal or modification granted by the PCZBA.

3.   Final Administrative Decision: The PCZBA's decision concerning an appeal shall constitute the final administrative decision of the Village under the Illinois Code of Civil Procedure, 735 ILCS 5/Art. III. (Ord. 2022-38, 12-12-2022)

A.   Certificate Required: A certificate of occupancy is required:

1.   For the occupancy of a new structure;

2.   For the occupancy or use of an addition or structural alteration to an existing structure, other than a single-family detached dwelling; and

3.   For a new non-residential use or a change in the occupancy of an existing non-residential use.

B.   Procedure:

1.   A certificate of occupancy may be issued only after the Building Commissioner has inspected the premises and finds that the premises complies with all standards of the Zoning Regulations and conforms to the plans and specifications approved as part of the building permit.

2.   The Building Commissioner may issue a temporary or conditional certificate of occupancy to allow the structure or lot to be occupied for the proposed use, provided that such certificate becomes final and effective only upon full compliance with the requirements of the Zoning Regulations and building permit.

C.   Posting: Every certificate of occupancy required by a change in use or occupancy for a non-residential use must be permanently posted in a prominent place on the premises at all times. (Ord. 2022-38, 12-12-2022)

A.   In addition to the generally applicable provisions contained in Article B of Chapter 2 of this Title, sign permits with electrical elements are subject to approval by the Building Commissioner pursuant to Section 10-10-7 of this Code.

B.   In addition to the generally applicable provisions contained in Article B of Chapter 2 of this Title, certain signs that are temporary, portable, or in the Railroad District are subject to approval by the Building Commissioner pursuant to Section 10-10-13 of this Code.

C.   In addition to the generally applicable provisions contained in Article B of Chapter 2 of this Title, all other signs not otherwise exempt pursuant to Section 10-10-19 are subject to approval by the Architectural Board of Review pursuant to Sections 10-10-14 and 10-10-15 of this Code. (Ord. 2022-38, 12-12-2022)

A.   In addition to the generally applicable provisions contained in Article B of Chapter 2 of this Title, the procedure for Planned Commercial Developments (PCDs) shall be as provided in Chapter 14 of the Zoning Regulations.

B.   In addition to the generally applicable provisions contained in Article B of Chapter 2 of this Title, the procedure for Planned Mixed-Use Developments (PMDs) shall be as provided in Chapter 15 of the Zoning Regulations.

C.   In addition to the generally applicable provisions contained in Article B of Chapter 2 of this Title, the procedures for Planned Residential Developments (PRDs) shall be as provided in Chapter 17 of the Zoning Regulations. (Ord. 2022-38, 12-12-2022)

A.   Issue Stop Orders, Cease and Desist Orders: Notify in writing the person responsible for violations, indicting the nature of the violation and ordering specific action necessary to correct the violation, including the discontinuance of illegal uses; the removal of illegal structures, additions, or alterations; or the discontinuance of illegal work underway.

B.   Withhold or Deny Approvals for Property: Withhold or deny all permits, certificates of occupancy, and other approvals for any building or structure on property where there is an uncorrected violation of this Title or of the conditions of any permit, certificate, or other approval granted by the Village pursuant to this Title. The Village may also condition permits or approvals upon the correction of the violation.

C.   Revoke Prior Approvals: Seek to revoke any permit, certificate of occupancy, or other approval benefitting the property involved in the violation.

D.   Cause Abatement and Liens: Order any work necessary to abate any violation of this Code and assess the cost of such work to person or entity committing the violation and the property owner, if different. Upon the failure to pay such cost, the Building Commissioner may file a lien for such costs and all costs of collection against the property in question.

E.   Issue Fines and Citations: Issue fines in accordance with Section 10-2D-2 of this Code. (Ord. 2022-38, 12-12-2022)