Lincolnwood City Zoning Code
ARTICLE V
DEVELOPMENT REVIEW, ADMINISTRATION AND ENFORCEMENT
5.01 Summary of review authority.
[Ord. No. 2009-2868; amended 11-19-2024 by Ord. No. 2024-3804]
The following table summarizes the required review and approval authority provided under this Zoning Ordinance for the most frequently requested forms of relief and approvals.
Procedure | Zoning Officer | Plan Commission/Zoning Board of Appeals | Board of Trustees | Reference |
|---|---|---|---|---|
Site plan review:* (no variations requested) | Final | Appeal | — | Article V, Part B |
Site plan review:* (with variations) | R | <R> | Final | Article V, Part B |
Zoning certificate | Final | Appeal | — | § 5.08 |
Nonconforming status exception | R | <R> | Final | Article IX, Part E |
Minor variation | Final | Appeal | — | § 5.14 |
Major variation | R | <R> | Final | § 5.15 |
Text amendment | R | <R> | Final | § 5.16 |
Map amendment | R | <R> | Final | § 5.16 |
Special use permit | R | <R> | Final | § 5.17 |
Planned development | R | <R> | Final | Article VIII, Part A |
Sign-related relief | R | <R> | Final |
Notes: | |
|---|---|
1) | R = Review or Recommendation; |
2) | Final = Final Decision; |
3) | Appeal = Applicant can appeal Final Decision; |
4) | < > = Public Hearing |
5) | "_" = No Review or Appeal |
6) | * Site plan review is required for all new construction and/or building renovation. Site plan review of single-family residential development is limited to architectural standards and zoning standards. |
5.02 Fees.
(1)
In connection with any relief requested pursuant to this Zoning Ordinance, the applicant shall pay, at the time and in the manner designated by the Village:
b.
All costs incurred by the Village in the review of the application, including, without limitation, any cost to publish or mail legal notices or to employ the services of planners, engineers, attorneys, or other persons not regularly on the Village payroll for the purposes of reviewing the plat in question, and may also include, without limitation, the following items of direct and indirect expense: legal publication; recording secretarial services; court reporter; document preparation and review; professional and technical consultant service; legal review, consultation, and advice; copy reproduction; document recordation; staff review; and inspection fees.
(2)
The applicant shall establish an escrow with the Village at the time of filing the application in an amount determined to be necessary by the Zoning Officer to cover the anticipated costs to be incurred by the Village in processing the application for the requested relief.
(3)
The owner of the property that is the subject of any relief requested and, if different, the applicant shall be jointly and severally liable for the payment of all fees required to be paid pursuant to this section. By filing a request for relief pursuant to the provisions of this Zoning Ordinance, the owner shall be deemed to have agreed to pay such fees and to consent to the filing and foreclosure of a lien on the subject property to insure collection of any such fees, plus the costs of collection, which have not been paid within 30 days following the mailing by the Village of a written demand for such payment to the owner or applicant at the address shown on the application. Any lien filed pursuant to this section may be foreclosed in the manner provided by statute for mortgages or mechanics' liens.
(4)
The failure to fully pay any fee pursuant to this section when due shall be grounds for refusing to review or process the relief requested, or denying or revoking any permit or approval sought or issued with respect to, the property which is the subject of the relief requested.
5.03 Purpose and applicability.
The purpose of this Part B is to: establish a set of comprehensive procedures and standards for the design and landscaping of development in the Village; ensure new development is of a high quality; and enhance the economic value of the Village.
Site plans, prepared and approved in accordance with the provisions of this article and the site development standards of Article VI, shall be required in order to assist Village administrative officials in the review of all applications for zoning certificates pursuant to Part C of this Article V. Site plan approval shall be required prior to issuance of building permits for all new construction and additions.
5.04 Exceptions to required site plan review and approval.
No site plan shall be required for any use permitted pursuant to this Zoning Ordinance on a temporary basis for a period not to exceed six months.
5.05 Site plan submission and procedure for review.
The process for site plan submission and review is as follows:
(1)
Preapplication meeting (optional). Although optional, it is strongly recommended that the applicant schedule a meeting with Village staff prior to submission of a site plan in order to familiarize him/herself with Village requirements and procedures.
(2)
Submittal of initial application. The applicant shall submit to the Zoning Officer (a) eight full-sized sets, plus one electronic copy, of the site plan application, in accordance with the applicable provisions of Sections 5.06 and 5.07 of this Zoning Ordinance, and (b) all required fees set forth in the Annual Fee Resolution.[1] All site plans shall be submitted on a minimum sheet size of 11 inches by 17 inches and a maximum sheet size of 30 feet by 42 inches, except as may be approved by the Zoning Officer in his or her sole discretion. The site plans shall be considered as officially submitted only when all information and fee requirements have been satisfied.
[Amended 12-6-2011 by Ord. No. 2011-2979]
(3)
Administrative review. The Zoning Officer shall review the site plan for general completeness and shall see that all applicable Village staff reviews are completed within a reasonable amount of time. Within 60 days after receipt of a completed site plan submission, the Zoning Officer shall either:
a.
Approve the proposed site plan, upon his or her determination that the site plan satisfies all applicable requirements of this Zoning Ordinance and the Village Code;
b.
Deny the proposed site plan, upon his or her determination that the site plan does not satisfy all applicable requirements of this Zoning Ordinance and the Village Code; or
c.
Refer the proposed site plan to the Village Development Review Team, if required pursuant to Section 5.05(4) of this Zoning Ordinance.
(4)
Special reviews (special use, planned unit development, or major variation). The Development Review Team process set forth in this Section 5.05(4) shall apply to all requested special uses, planned unit developments, and major variations when deemed necessary by the Zoning Officer, in accordance with the following:
a.
The applicant shall schedule a preapplication meeting with the Development Review Team.
b.
The applicant shall submit 10 copies, plus one electronic copy, of all of the following documents to the Zoning Officer, and make payment of all required fees not less than 10 days prior to the scheduled Development Review Team meeting:
(i)
Completed Development Review Team Application;
(ii)
Plat of survey;
(iii)
Site plan;
(iv)
Detailed landscape plan if landscaping is required pursuant to Part D of Article VI of this Zoning Ordinance; and
[Ord. No. Z2009-368]
(v)
Any additional documents deemed appropriate, in the determination of the Zoning Officer.
c.
Upon completion of the review of the proposed site plan by the Development Review Team, the Zoning Officer shall forward all review comments to the applicant.
d.
The applicant is encouraged to make all changes recommended by the Development Review Team, and to submit 10 folded sets, plus one electronic copy, of the completed and revised site plan application to the Zoning Officer (see Section 5.06 and 5.07 for required materials). Upon official submittal, the Zoning Officer shall forward the application to the Plan Commission/Zoning Board of Appeals for review, consistent with the applicable regulations set forth in this Zoning Ordinance.
[Amended 11-19-2024 by Ord. No. 2024-3804]
5.06 Site plan application requirements for nonresidential and multifamily residential.
(1)
Scale. All site plans shall be drawn at a reasonable scale, but in no event less than one inch equals 50 feet, except as may be approved by the Zoning Officer in his or her sole discretion.
(2)
General information:
a.
Property owner's name, address and phone number.
b.
Developer's name, address and phone number (if different from the property owners).
c.
Name, address and phone number of registered architect, land planner, engineer, surveyor or other consultant who is responsible for compiling the plan.
d.
North arrow and the last revision date of the plan.
e.
Current zoning and/or requested zoning (if change is desired).
f.
A context map showing major streets overlaid on an aerial photograph.
(3)
Site conditions:
a.
Existing site survey, showing lot dimensions, boundaries, and the location of all building(s) and structures.
b.
Existing topography graphically represented via contour lines of two-foot intervals, extending 20 feet surrounding the subject site.
c.
Location and extent of water bodies, wetlands, streams and floodplains on or adjacent to the subject site.
d.
Preliminary engineering plans, as specified in the Village Subdivision Ordinance, showing stormwater detention/retention areas, grading/drainage plans, erosion control, utilities, location of sanitary sewer service lines as required by the Village Engineer.
e.
Floor area for building footprint(s) and gross floor area of structure, building height and number of stories.
f.
Building elevation of all faces, indicating type of materials, colors, sign and architectural features. Color renderings or site sections may be required by the Zoning Officer, in his or her sole discretion.
g.
Landscape plans, if landscaping is required pursuant to Part D of Article VI of this ordinance, which landscape plans shall be prepared by a registered landscape architect in accordance with Part D of Article VI of this Zoning Ordinance. The landscape plans shall include all information required pursuant to Part D of Article VI of this Zoning Ordinance and the following additional information: grading, a schedule of plant materials by type and size, berms, a survey of any existing trees on site and details of proposed fencing, retaining walls or other screening methods.
[Ord. No. Z2000-368]
h.
Exterior lighting plans, including a photometries plan, type of fixtures, height, location and lighting levels. The photometries plan shall include, at a minimum, the following:
i.
All property lines, buildings footprints, and location of paved areas and curbs.
ii.
Location of all exterior lighting fixtures, including any wall lighting.
iii.
Photometric data for all paved areas at a spacing of not greater than 20 feet apart and not greater than six inches above the pavement surface.
iv.
Existing and proposed utilities on the subject property and in rights-of-way.
i.
Proposed location of wall and ground signs; details of any proposed signage with dimensions, materials, color and lighting.
j.
Vehicular, pedestrian and service access, including the distance from the driveway opening at the curb to the nearest intersection street, the width of the driveway at the property line, the curb radius on each side of the driveway, identification and location of curblines, property lines, sidewalks, existing driveways, bus zones, parking regulations and signs, traffic signals, utility poles, parkway meters and fire hydrants.
k.
Off-street parking and loading facilities, including number of spaces and dimensions of parking areas.
l.
Any outdoor storage and activities or waste disposal facilities, including trash enclosure details.
5.07 Site plan application requirements for single-family residential development.
(1)
Scale: All site plans shall be drawn at a reasonable scale, but in no event less than one inch equals 50 feet, except as may be approved by the Zoning Officer in his or her sole discretion.
(2)
General information:
a.
Property owner's name, address and phone number.
b.
Developer's name, address and phone number (if different from the property owners).
c.
Name, address and phone number of registered architect, land planner, engineer, surveyor or other consultant who is responsible for compiling the plan.
d.
North arrow and the last revision date of the plan.
e.
Current zoning and/or requested zoning (if change is desired).
(3)
The site plan shall show the location of building footprint, driveways, any accessory buildings (such as detached garages and sheds), lot dimensions, setbacks, impervious coverage ratio and proposed floor area ratio.
(4)
Building elevations, including dimensions and an indication of the proposed materials and colors.
5.08 Zoning certificates.
(1)
No permit as required by the Building Ordinances of the Village shall be issued by the Zoning Officer for the construction of a building, structure or land improvement or for the alteration or enlargement of an existing building, structure or land improvement and the uses thereof until the Zoning Officer certifies in such permit that the application for a permit with accompanying plans and specifications conforms with the regulations of this Zoning Ordinance.
(2)
An application for a permit for erecting a building, structure or land improvement or alteration or enlargement of an existing building, structure or land improvement and the uses thereof requiring compliance with performance standards herein set forth in the Manufacturing District shall also include a certification from a recognized testing laboratory or professional engineer stating that there is compliance with such applicable performance standards. A recognized testing laboratory or professional engineer shall be one of at least three testing laboratories or professional engineers approved by the Board of Trustees.
(3)
Each application for a zoning certificate shall be accompanied by a plat of survey in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape and location of the building to be erected, and such other information deemed necessary by the Zoning Officer.
5.11 Duties of the Zoning Officer.
The Zoning Officer, or other officials that have been or shall be duly appointed by the Board of Trustees, shall enforce this Zoning Ordinance, and in furtherance of said authority, shall:
(1)
Issue all zoning certificates, nonconformance certificates and sign permits in the manner set forth in this Zoning Ordinance, and make and maintain records thereof;
(2)
Conduct inspections of buildings, structures, signs, and uses of land, to determine compliance with the terms of this Zoning Ordinance;
(3)
Maintain permanent and current records relating to this Zoning Ordinance, including, but not limited to, all maps, amendments, special uses, special signs, variations, appeals and applications therefor; and designate on the Zoning District Map each approved amendment and special use;
(4)
Prepare and maintain an inventory of all signs in the Village;
(5)
Receive and complete an administrative review of all site plan submissions for development within the Village and submit written reports of his or her decision to the Development Review Team, or the Plan Commission/Zoning Board of Appeals, as may be required;
[Amended 11-19-2024 by Ord. No. 2024-3804]
(6)
Receive and forward to the appropriate board or commission all applications for appeals, minor and major variations, amendments, special signs and special use permits;
(7)
Initiate, direct and review, from time to time, a study of the provisions of this Zoning Ordinance, and submit written reports of his or her recommendation to the Plan Commission/Zoning Board of Appeals no less than once each year; and
[Amended 11-19-2024 by Ord. No. 2024-3804]
(8)
Provide such clerical and technical assistance as may be required by the Plan Commission/Zoning Board of Appeals in the exercise of its duties.
[Amended 11-19-2024 by Ord. No. 2024-3804]
5.12 Vote required.
[Ord. No. 2011-2936; amended 9-17-2013 by Ord. No. 2013-3069; 11-19-2024 by Ord. No. 2024-3804]
(1)
Vote required. Except as expressly provided to the contrary in this Zoning Ordinance, in order to decide any matter upon which the Plan Commission/Zoning Board of Appeals is required to pass under this Zoning Ordinance, an affirmative vote of a majority of those present and voting Plan Commission/Zoning Board of Appeals members shall be required.
(2)
Failure to act. The failure of the Plan Commission/Zoning Board of Appeals to act within the relevant time period set forth in this Zoning Ordinance for the relief requested, or such further time to which the applicant may agree, shall be deemed to be a recommendation of the Plan Commission/Zoning Board of Appeals to approve the requested relief.
5.13 Appeals.
[Amended 9-17-2013 by Ord. No. 2013-3069]
(1)
Authority. The Board of Trustees, after a public hearing and recommendation by the PC/ZBA, may decide appeals from an administrative order, requirement, decision or determination made by the Zoning Officer with respect to the provisions of this Zoning Ordinance. For purposes of such appeals, the Board of Trustees is the board of appeals for the Village.
[Amended 11-19-2024 by Ord. No. 2024-3804]
(2)
Initiation. An appeal may be taken to the Board of Trustees by any person, firm or corporation, or by any office, department, board, bureau or commission aggrieved by an administrative order, requirement, decision or determination made by the Zoning Officer with respect to the provisions of this Zoning Ordinance.
(3)
Processing and public hearing. An appeal shall be filed in writing with the Village Clerk within 45 days after the date of the action complained of. The Village Clerk shall then forward the appeal to the PC/ZBA, which shall hold a public hearing of the appeal within 90 days after receipt of the written appeal. The Zoning Officer shall give notice of the date of the hearing on the appeal to all interested parties.
[Amended 11-19-2024 by Ord. No. 2024-3804]
(4)
PC/ZBA recommendation. Within 90 days after receipt of the written appeal, or such further time to which the appellant may agree, the PC/ZBA shall make findings and recommend whether the order, requirement, decision or determination should be reversed, affirmed, or modified, in whole or in part, and shall transmit such recommendation in writing to the Board of Trustees.
[Amended 11-19-2024 by Ord. No. 2024-3804]
(5)
Action by Board of Trustees. The Board of Trustees, within 45 days after receipt of the findings and recommendations of the PC/ZBA, or such further time to which the appellant may agree, shall reverse, affirm, or modify, in whole or in part, the order, requirement, decision or determination. The concurring vote of four members of the Village Board of Trustees shall be necessary to reverse or modify any order, requirement, decision or determination of the Zoning Officer. The decision of the Board of Trustees shall be in writing. The failure of the Board of Trustees to act within the time period specified in this Section 5.13(5), or such further time to which the applicant may agree, shall be deemed to be a decision of the Board of Trustees affirming in whole the order, requirement, decision or determination. All decisions of the Board of Trustees on appeals filed pursuant to this Section 5.13 shall, in all instances, be final administrative determinations and shall be subject to judicial review in accordance with the Illinois Administrative Review Law, 735 ILCS 5/3-101 et seq., as may be amended.
[Amended 11-19-2024 by Ord. No. 2024-3804]
5.14 Minor variations.
(1)
Purpose. A variation is a grant of relief to a property owner from the exact standards of this Zoning Ordinance. A minor variation shall be issued when undue hardship would be caused by the literal enforcement of this Zoning Ordinance and may be issued in cases in which the literal enforcement would be impractical. Additionally, variations are intended to provide relief where the requirements of this Zoning Ordinance render the land difficult or impossible to use because of some unique or special characteristic of the property itself. Conditions existing prior to adoption of this zoning ordinance shall not require a variation.
[Amended 5-17-2022 by Ord. No. 2022-3608]
(2)
Definition. Only those variations specifically listed in Section 5.14(3) shall be classified as minor variations, and may be approved in accordance with this Section 5.14 only for single- or multiple-family residential uses.
(3)
Authorized minor variations. The Zoning Officer shall have the authority to grant the following minor variations for single- or multiple-family residential uses:
a.
A reduction of up to 15% of the minimum required lot area;
b.
A reduction of up to 10% of the minimum required side or rear yard setback;
c.
A reduction of the minimum required side or rear yard setback, up to the extent of any existing encroachment into such setbacks for additions to existing, legal nonconforming structures on the same lot that encroach into the same setback, but only if no variation has previously been granted for the subject property pursuant to this Section 5.14(3)c, and only as follows:
i.
For horizontal additions, the length of the addition may not exceed 50% the length of that portion of the existing structure that encroaches into the setback; and
ii.
For vertical additions, the length of the addition may not exceed the length of that portion of the existing structure that encroaches into the setback, including a horizontal addition approved through the same minor variation request;
[1]
Editor's Note: This ordinance also redesignated former Subsection (3)c and d as Subsection (3)d and e, respectively.
d.
A reduction of up to 10% of the required spacing between two or more single-family attached or multiple-family buildings, in the R-4 District only; and
e.
An increase of up to 15% in the finished first floor height.
(4)
Initiation. An application for a minor variation may be made by the owner of the subject property or an authorized representative thereof.
(5)
Criteria. In determining whether in a specific case there are practical difficulties or particular hardships in the way of carrying out the strict letter of this Zoning Ordinance, the Zoning Officer shall take into consideration the extent to which the following facts are established:
a.
The requested minor variation is consistent with the stated intent and purposes of this Zoning Ordinance;
b.
The particular physical surroundings, shape or topographical conditions of the subject property would bring a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of this Zoning Ordinance is enforced;
c.
The conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoning district;
d.
The variation is not solely and exclusively for the purpose of enhancing the value of or increasing the revenue from the property;
e.
The alleged difficulty or hardship has not been created by any person presently having an interest in the property;
f.
The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located;
g.
The variation granted is the minimum change to the Zoning Ordinance standards necessary to alleviate the practical hardship on the subject property; and
h.
The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood.
(6)
Processing. An application for a minor variation shall be filed with the Zoning Officer. After receipt of all required information and payment of all required fees, the application will be reviewed and decided in accordance with the following procedure:
a.
Notice and opportunity to comment. Within five days after submission to the Zoning Officer of a completed application for a minor variation, the applicant shall give notice in writing to property owner(s) of each lot lying within 250 feet, including streets, of the property lines of the subject property for which the minor variation is sought. The notice shall indicate that the application shall be available for review and comment at Village Hall for at least 10 days following the date of the notice. Any interested party may submit written comments concerning the application to the Village Zoning Officer.
b.
Zoning Officer's decision. Within 30 days after receipt of a completed application for a minor variation, the Zoning Officer shall, by written order, either approve, approve with conditions, or deny the requested minor variation. Upon denial by the Zoning Officer of the requested minor variation, the applicant shall have the right, but not the obligation, to resubmit its request as a major variation pursuant to Section 5.15 of this Zoning Ordinance.
c.
Notification and record of decision. The Zoning Officer shall send his or her decision within 30 days after the date thereof to the applicant and to all other persons previously notified pursuant to Section 5.14(5)a of this Zoning Ordinance. At least once per calendar year, the Zoning Officer shall provide to the Plan Commission/Zoning Board of Appeals a listing of his or her decisions, by address, regarding each application for a minor variation.
[Amended 11-19-2024 by Ord. No. 2024-3804]
d.
Appeal. The applicant, or any person to whom notice of the minor variation was sent pursuant to Section 5.14(5)a of this Zoning Ordinance, may appeal the decision of the Zoning Officer to the Plan Commission/Zoning Board of Appeals within 10 working days after the date of the notice issued pursuant to Section 5.14(5)c of this Zoning Ordinance.
[Amended 11-19-2024 by Ord. No. 2024-3804]
(7)
Exemptions. Notwithstanding any provision of this Zoning Ordinance to the contrary, no variation shall be required for any structure that is existing, under construction, or for which a building permit had already been applied as of the effective date of this Zoning Ordinance, for which: (a) all interior side yards are at least five feet in width; (b) any proposed addition will not violate the applicable side-yard requirement set forth in Article IV of this Zoning Ordinance; and (c) the structure will otherwise conform with all applicable requirements set forth in this Zoning Ordinance.
5.15 Major variations.
[Amended 12-3-2009 by Ord. No. 2009-2867A; Ord. No. 2009-2868]
(1)
Purpose. A variation is a grant of relief to a property owner from the exact standards of this Zoning Ordinance. A major variation shall be issued when undue hardship would be caused by the literal enforcement of this Zoning Ordinance. Additionally, variations are intended to provide relief where the requirements of this Zoning Ordinance render the land difficult or impossible to use because of some unique or special characteristic of the property itself. For a major variation, the intent is not to simply remove an inconvenience or financial burden that the requirements of this Zoning Ordinance may impose on a property owner. Conditions existing prior to adoption of this Zoning Ordinance shall not require a variation.
[Amended 5-17-2022 by Ord. No. 2022-3608]
(2)
Definition. Any variation that is not classified as a minor variation pursuant to Section 5.14(2) of this Zoning Ordinance shall be classified and reviewed as a major variation pursuant to this Section 5.15.
(3)
Authority. The Board of Trustees, after a public hearing and recommendation by the PC/ZBA, may determine and grant "major variations" to the regulations of this Zoning Ordinance, in harmony with their general purpose and intent, in specific cases for which the Board of Trustees determines that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this Zoning Ordinance.
[Amended 11-19-2024 by Ord. No. 2024-3804]
(4)
Initiation. An application for a major variation may be made by the owner of the subject property or an authorized representative thereof.
(5)
Processing and public hearing.
a.
An application for a major variation shall be filed with the Zoning Officer. Applications for a major variation from Article XI of this Zoning Ordinance must include, without limitation, the sign permit application submitted pursuant to Section 11.08 of this Zoning Ordinance for the proposed sign. The application may be reviewed by the Village's Development Review Team in accordance with Section 5.05(4) of this Zoning Ordinance, if deemed necessary by the Zoning Officer.
b.
The applicant shall make any necessary revisions and submit the required number of plans (see Section 5.05) for review by the PC/ZBA.
[Amended 11-19-2024 by Ord. No. 2024-3804]
c.
After receipt of all required information and payment of all required fees, the Zoning Officer shall notify the applicant of the date that the application will be conditionally scheduled for review at a public hearing of the PC/ZBA. Notices shall be delivered in accordance with Section 5.20 of this article.
[Amended 11-19-2024 by Ord. No. 2024-3804]
d.
The PC/ZBA shall conduct a public hearing to review the proposed variation in accordance with the notices mailed and published pursuant to Section 5.20 of this Zoning Ordinance. Within 90 days after the completion of the application for the proposed variation, the PC/ZBA shall make findings and recommend whether the variation should be approved, and shall transmit such recommendation in writing to the Board of Trustees.
[Amended 11-19-2024 by Ord. No. 2024-3804]
(6)
Action by Board of Trustees. The Board of Trustees, within 45 days after receipt of the findings and recommendations of the PC/ZBA, shall either approve or deny the proposed variation, by ordinance duly adopted and by a simple majority vote, or refer it back to the PC/ZBA for further consideration. Every ordinance granting a variation shall contain a statement of findings specifying the reason or reasons for granting the variation in accordance with the standards set forth in Section 5.15(7) of this Zoning Ordinance. The failure of the Board of Trustees to act within the time period specified in this Section 5.15(6), or such further time to which the applicant may agree, shall be deemed to be a decision of the Board of Trustees denying the proposed variation. Approval of a major variation shall not entitle the applicant to any other approval or issuance of any permit until after all of the standards and procedures for such other approval or issuance of a permit have been satisfied.
[Amended 11-19-2024 by Ord. No. 2024-3804]
(7)
Standards. In determining whether in a specific case there are practical difficulties or particular hardships in the way of carrying out the strict letter of this Zoning Ordinance, there shall be taken into consideration the extent to which the following facts are established:
a.
The requested major variation is consistent with the stated intent and purposes of this Zoning Ordinance and the Comprehensive Plan;
b.
The particular physical surroundings, shape or topographical conditions of the subject property would bring a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of this Zoning Ordinance is enforced;
c.
The conditions upon which the petition for the variation is based would not be applicable generally to other property within the same zoning district;
d.
The variation is not solely and exclusively for the purpose of enhancing the value of or increasing the revenue from the property;
e.
The alleged difficulty or hardship has not been created by any person presently having an interest in the property;
f.
The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located;
g.
The variation granted is the minimum change to the Zoning Ordinance standards necessary to alleviate the practical hardship on the subject property;
h.
The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood; and
i.
For variations from Article XI of this Zoning Ordinance:
(1)
The proposed variation is consistent with the statement of purpose set forth in Section 11.01 of this Zoning Ordinance;
(2)
The proposed sign complies with any additional standards or conditions set forth in Article XI of this ordinance;
(3)
The proposed sign will substantially enhance the architectural integrity of the building or other structure to which it will be attached, if any; and
(4)
The proposed sign conforms with the design and appearance of nearby structures and signs.
(8)
Conditions of approval. The PC/ZBA may recommend, and the Board of Trustees may impose, such conditions and restrictions upon the subject property and sign benefited by a variation as may be deemed necessary to assure compliance with the standards set forth in this Section 5.15, to reduce or minimize the effect of such variation upon other property in the neighborhood, and/or to implement the general purpose and intent of this Zoning Ordinance.
[Amended 11-19-2024 by Ord. No. 2024-3804]
(9)
Prohibited variations. The PC/ZBA shall not recommend, and the Board of Trustees shall not approve, any of the following variations:
[Amended 11-19-2024 by Ord. No. 2024-3804]
(a)
Variations that authorize any use of land, buildings, or structures that is not a permitted use or a special use in the zoning district in which the land, buildings or structures are located.
(c)
Variations that would permit the erection or maintenance of any sign prohibited pursuant to Section 11.06 of this Zoning Ordinance.
(d)
Variations that authorize any portion of a sign to encroach in, on, over, under, or above any public right-of-way.[1]
[1]
Editor's Note: Former Subsection (10), regarding special procedures in connection with other applications, as amended, which immediately followed, was repealed 11-19-2024 by Ord. No. 2024-3804.
5.16 Amendments.
[Amended 11-19-2024 by Ord. No. 2024-3804]
(1)
Authority. The regulations imposed and the districts created under the authority of this Zoning Ordinance may be amended, from time to time, by ordinance in accordance with this Section 5.16. An amendment shall be granted or denied by the Board of Trustees only after a public hearing before the Plan Commission/Zoning Board of Appeals, and a report of its findings and recommendations has been submitted to the Board of Trustees.
(2)
Initiation of amendment. Amendments may be proposed by the Board of Trustees, by the Plan Commission/Zoning Board of Appeals, or by any owner, lessee, or contract purchaser of property in the Village.
(3)
Processing and public hearing.
a.
An application for a text or map amendment, initiated by a person who is the owner, lessee or contract purchaser of property benefited thereby, shall be filed with the Zoning Officer and thereafter forwarded to the Board of Trustees. A text or map amendment proposal initiated by the Plan Commission/Zoning Board of Appeals shall be forwarded directly to the Board of Trustees.
b.
The Board of Trustees shall consider the application for a text or map amendment, and shall thereafter forward the application to the Plan Commission/Zoning Board of Appeals with a request to conduct a public hearing and submit a report of its findings and recommendations to the Board of Trustees.
c.
The Zoning Officer shall notify the applicant of the date that the application will be conditionally scheduled for review at a public hearing of the Plan Commission/Zoning Board of Appeals. Notices shall be delivered in accordance with Section 5.20 of this article.
d.
The Plan Commission/Zoning Board of Appeals shall conduct a public hearing to review the proposed amendment in accordance with the notices mailed and published pursuant to Section 5.20 of this Zoning Ordinance. Within 90 days after the completion of the application for the proposed amendment, the Plan Commission/Zoning Board of Appeals shall make findings and recommend whether the amendment should be approved, and shall transmit such recommendation in writing to the Board of Trustees.
(4)
Decisions. The Board of Trustees, upon report of the Plan Commission/Zoning Board of Appeals and without further public hearing, may approve or reject any proposed amendment, or may refer it back to the Plan Commission/Zoning Board of Appeals for further consideration.
5.17 Special uses.
(1)
Purpose. The development and execution of this Zoning Ordinance is based upon the division of the Village into districts, within any one of which the use of land and buildings and the bulk and location of buildings and structures, as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon the public need for the particular use or the particular location. Such special uses fall into two categories:
a.
Uses operated by a public agency or publicly regulated utilities, or uses traditionally affected with a public interest; and
b.
Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
(2)
Initiation. An application for a special use may be made by the owner of the subject property or an authorized representative thereof.
(3)
Processing. An application for a special use, in such form and accompanied by such information as shall be established from time to time by the Plan Commission/Zoning Board of Appeals, shall be filed with the Zoning Officer and thereafter processed in the same manner prescribed for variations under Section 5.15(5) of this article.
[Amended 11-19-2024 by Ord. No. 2024-3804]
(4)
Decisions. The Board of Trustees, upon report and recommendation of the Plan Commission/Zoning Board of Appeals and without further hearing, may approve or deny an application for a special use, or may refer it back to the Plan Commission/Zoning Board of Appeals for further consideration. In determining whether to approve or deny an application for a special use, there shall be taken into consideration the extent to which the following facts are established:
[Amended 11-19-2024 by Ord. No. 2024-3804]
a.
The special use is necessary for the public convenience at that location, and the subject property is deemed suitable for the use;
b.
The special use is so designed, located and proposed to be operated that the public health, safety and welfare will be protected;
c.
The special use would not cause substantial injury to the value of other property in the neighborhood in which it is located;
d.
The special use is consistent with the goals and policies of the Comprehensive Plan;
e.
The special use would not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the underlying zoning district;
f.
The special use is so designed to provide adequate utilities, access roads, drainage, or necessary facilities; and
g.
The special use is so designed to provide ingress and egress to minimize traffic congestion on public streets.
(5)
Planned unit development. Planned unit developments are of such substantially different character from other special uses that specific and separate standards and procedures have been established to govern the planned unit development application and review process, as set forth in Part A of Article VIII of this Zoning Ordinance.
(6)
Conditions. The Plan Commission/Zoning Board of Appeals may recommend, and the Board of Trustees may impose, such conditions and restrictions upon an approved special use, including, but not limited to, provisions for off-street parking and loading as may be deemed necessary to promote the general objectives of this Zoning Ordinance and to minimize the injury to the value of the property in the neighborhood.
[Amended 11-19-2024 by Ord. No. 2024-3804]
5.18 Effective period.
(1)
No special use permit or variation shall be valid for a period longer than 180 days from the date it is granted, unless a building permit or certificate of occupancy is obtained, or the approved special uses are commenced, within such period. The Village Board may grant one extension of this period, valid for no more than 180 additional days, upon written application and good cause shown, without notice or hearing.
(2)
If any special use is abandoned, or is discontinued for a continuous period of six months, the special use permit for such use shall become void and such use shall not thereafter be re-established unless a new special use permit is obtained.
(3)
Whenever an amendment is granted in order to allow for the development of a particular use, such amendment shall not be valid for a period longer than 180 days from the date the Zoning Ordinance is passed, unless a building permit or certificate of occupancy is obtained within such period or the use is commenced within such period. The Village Board may grant one extension of this period, valid for no more than 180 days, upon written application and good cause shown, without notice or hearing.
(4)
For purposes of this Zoning Ordinance, the date of issuance of a special use permit or variation that has been previously approved by the Village, but for which no building permit or certificate of occupancy has been approved, shall be deemed to be the effective date of this Zoning Ordinance.
5.19 Successive applications.
(1)
Second applications without new grounds barred. Whenever any application filed pursuant to this Zoning Ordinance 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 Board of Trustees, substantial new evidence is available or a mistake of law or fact significantly affected the prior denial.
(2)
New grounds to be stated. Any such second application shall include a detailed statement of the grounds justifying consideration of such application.
(3)
Exception. Whether or not new grounds are stated, any such second application filed more than one year 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 such evidence, it shall be presumed that no new facts exist to support the second application that did not exist at the time of the denial of the first application.
5.20 Notice requirements.
(1)
Upon the conditional scheduling of the public hearing for an application for a major variation, special use, planned unit development, zoning amendment, or nonconforming status exception, notice of the public hearing shall be published and delivered in accordance with the following:
a.
Notice of the time and place of the public hearing shall be published at least once, not more than 30 days nor less than 15 days, prior to the date of such hearing in one or more newspapers published in the Village, or if no newspaper is published therein, then in one or more newspapers with a general circulation within the Village.
b.
The Village shall give notice in writing to property owner(s) of each lot located within 250 feet, including streets, of the property lines of the subject property for which the requested relief is sought. All notices required pursuant to this Section 5.20 shall be sent by United States mail not more than 30 days nor less than 15 days in advance of such hearing. The applicant shall reimburse the Village for all costs associated with the issuance of notices pursuant to this Section 5.20(1)(b), including staff costs, in accordance with Section 5.02 of this Zoning Ordinance.
[Ord. No. 2010-2887]
c.
A sign shall be posted on the subject property, which sign shall: (a) be at least six square feet in area; (b) bear on its face the words "Zoning Application Pending" and a telephone number to be called for additional information; (c) be issued by the Zoning Officer to the applicant for posting by the applicant on the parcel, facing the street, at least 15 days prior to the date of the public hearing; and (d) be removed from the parcel by the applicant after, but not before, the conclusion of the public hearing.
d.
All notices required pursuant to this Section 5.20 shall identify: the location of the subject property for which relief is sought; a brief statement of the nature of the relief requested; and the date, time, and location of the public hearing.[1]
[1]
Editor's Note: Former Subsection (1)e, as amended by Ord. No. 2010-2887, which immediately followed this subsection and set forth a discretionary notice requirement for sites of two acres or more, was repealed 8-20-2013 by Ord. No. 2013-3058.
(2)
No notice required pursuant to this Section 5.20 shall be deemed insufficient because: (i) it fails to specify which section of this Zoning Ordinance is applicable: or (ii) if relief, authorization or amendment has been sought under a certain section or sections of this Zoning Ordinance, but as a result of the hearing, the relief, authorization or amendment sought is modified or otherwise granted pursuant to a different section or sections of this Zoning Ordinance.
5.21 Violation, penalty, enforcement.
(1)
Violation; penalty. Any person, firm, limited liability company or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of, any of the provisions of this Zoning Ordinance shall, upon conviction, be fined for each offense as required in the Village's Fee Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense.
(2)
Civil and administrative enforcement.
a.
General authority. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this ordinance or other regulations made under authority conferred thereby, the Village, in addition to other remedies, may institute any appropriate action or proceedings to: (1) prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use: (2) restrain, correct or abate such violation; (3) prevent the occupancy of said building, structure or land; or (4) prevent any illegal act, conduct, business or use in or about the premises.
b.
Legal actions. In the enforcement of this Zoning Ordinance, the Zoning Officer shall have the right to exercise all the powers authorized by the statutes of the State of Illinois, and by Village codes and ordinances, to ensure compliance with, or to prevent or abate any violation of, the provisions of this Zoning Ordinance, and in particular shall, where necessary or appropriate, institute or cause to be instituted by the Village Attorney in the name of the Village any and all actions, legal or equitable, including appeals, that may be required for the enforcement of this Zoning Ordinance.
c.
Abatement liens. Where authorized by state statute, the Zoning Officer may order any work necessary to abate any violation of this Zoning Ordinance and shall assess the cost of such work to the property owner. Upon the failure of the owner to pay such cost, the Zoning Officer shall have the right to file a lien for such costs and for all costs of collection against the property in question.
d.
Revocation of rezonings, permits, variations, or approvals. The violation of any provision of this Zoning Ordinance, or of any permit or approval granted pursuant to this Zoning Ordinance, or of any condition imposed pursuant to this Zoning Ordinance shall be grounds for the revocation of any rezoning, permit, variation, or approval granted pursuant to this Zoning Ordinance and affecting the property involved in the violation. The Zoning Officer may recommend, and the Board of Trustees may order, such revocation; provided, however, that where the original rezoning, permit, variation, or approval was granted following a public hearing required pursuant to this Zoning Ordinance, the revocation shall be preceded by a similar public hearing.
e.
Remedies not limited. Nothing in this Section 5.21(2) shall be deemed or interpreted as limiting or restricting the imposition of: (a) fines pursuant to Section 5.21(1) of this Zoning Ordinance; or (b) injunctive or other remedies by courts of proper jurisdiction.