The provisions of this Chapter apply to all of the procedures in this Zoning Ordinance unless otherwise expressly stated. (Ord. 2021-4931, 11-15-2021)

The following table provides a summary of the development review and approval procedures of this Zoning Ordinance. In the event of conflict between this table and the detailed procedures contained elsewhere in this Chapter, the detailed procedures govern.

 

(Ord. 2021-4931, 11-15-2021)

   (A)   Form of Application

      1.   Applications required under this Zoning Ordinance must be submitted in a form and in such numbers as required by the Zoning Administrator.

      2.   Applications must include materials and information as may be required by the Zoning Administrator to establish that the proposed activity complies with all applicable requirements of this Zoning Ordinance.

      3.   The Zoning Administrator shall develop checklists of application submittal requirements and make those checklists available to the public.

   (B)   Application Filing Fees

Applications must be accompanied by the fee amount that has been established by the Village Board.

   (C)   Application Review

      1.   An application will be considered complete and ready for processing only if it is submitted in the required number and form, includes all required information, and is accompanied by the required filing fee.

         (a)   The Zoning Administrator must make a determination of application completeness within 7 business days of application filing.

      2.   If an application is determined to be incomplete, the Zoning Administrator must provide written notice to the applicant along with an explanation of the application’s deficiencies. No further processing of the application will occur until the deficiencies are corrected.

         (a)   If the deficiencies are not corrected by the applicant within 60 days, the application will be considered withdrawn.

         (b)   No further processing of incomplete applications will occur and in-complete applications will be pulled from the processing cycle. When the deficiencies are corrected, the application will be placed in the next processing cycle.

      3.   Applications deemed complete will be considered to be in the processing cycle and will be reviewed by staff and other review and decision-making bodies in accordance with applicable development review and approval procedures of this Chapter.

      4.   The Zoning Administrator may require that applications or plans be revised before being placed on an agenda for possible action if the Zoning Administrator determines that:

         (a)   The application or plan contains one or more inaccuracies or omissions that will hinder timely or competent evaluation of the plan’s/application’s compliance with Zoning Ordinance requirements or other regulations; or

         (b)   The decision-making body does not have legal authority to approve the application or plan. (Ord. 2021-4931, 11-15-2021)

   (A)   All public hearings are subject to the Illinois Open Meetings Act (5 ILCS 120/1 et seq.)

   (B)   General Procedures

      1.   Public hearings required by this Zoning Ordinance must be conducted by the designated hearing body. At the hearing, interested persons must be permitted to submit information and comments, verbally or in writing. The designated hearing body is authorized to establish rules of procedure.

   (C)   Continued Public Hearings

      1.   Once commenced, a public hearing may be continued by the hearing body. No re-notification is required if the continuance is set for specified date and time and that date and time is announced at the time of the continuance.

      2.   If a public hearing is continued or postponed for an indefinite period of time from the date of the originally scheduled public hearing, new public hearing notice must be given before the rescheduled public hearing.

      3.   If the applicant requests and is granted a postponement, the applicant must pay any costs of re-notification. (Ord. 2021-4931, 11-15-2021)

The following table provides a summary of the public notice requirements of this Zoning Ordinance. In the event of conflict between this table and detailed public notice requirements contained elsewhere in this Chapter, the detailed public notice requirements govern.

 

   (A)   Newspaper Notice

      1.   Whenever provisions of this Zoning Ordinance require that newspaper notice be provided, the newspaper notice must be published in a newspaper of general circulation in the Village at least 15 days before and no more than 30 days before the public hearing. Required newspaper notice must include at least the following information:

         (a)   The date, time, and place of the public hearing for which the notice is being given;

         (b)   The common street address(es) and the property index number(s) of the property affected by the application, or the legal description(s) and the property index number(s) of the property affected by the application; and

         (c)   A summary of the application request.

   (B)   Delivered Notice

      1.   Whenever provisions of this Zoning Ordinance requires that notices be delivered to property owners, the delivered notice must be sent standard mail via the United States Postal Service and be postmarked at least 15 days before and no more than 30 days before the public hearing.

      2.   Delivered notice shall be mailed to all property owners of property lying in whole or in part within 250 feet, exclusive of public right-of-way, of the property lines of the property for which the action is requested, as reflected by the County property tax records.

   (C)   Posted Notice

      1.   When the procedures of this Zoning Ordinance require that posted notice be provided, public hearing signs must be posted at least 15 days before and no more than 30 days before the public hearing.

         (a)   At least one sign must be posted per 500 linear feet of street frontage with a minimum of one sign on each street abutting the subject property.

      2.   The Zoning Administrator is authorized to modify the requirements of this Section when the requirements are found to be in appropriate or ineffective in providing the intended notice to passersby. Modifications may include sign content, format, size, material, quantity, and location.

      3.   Posted notice is a courtesy notice that is not required by state law. Failure to provide or maintain posted notice or any defect in such notice does not invalidate, impair, or otherwise affect any application, public hearing or decision rendered in respect to the matter under consideration. (Ord. 2021-4931, 11-15-2021)

Applications must address relevant review and decision-making criteria. In all cases, the burden is on the applicant to show that an application complies with all applicable review or approval criteria. (Ord. 2021-4931, 11-15-2021)

Any time limit specified in this Chapter for any decision or action on behalf of a review or decision-making body may be extended if the applicant agrees to an extension. If a review or decision-making body does not render a decision or take action within any time period required under this Zoning Ordinance and the applicant has not agreed to an extension of that time limit, the application is deemed denied. (Ord. 2021-4931, 11-15-2021)

   (A)   Intent

The Planning and Zoning Commission is authorized to hear and decide appeals where it is alleged there has been an error in any order, requirement, decision or determination made by the Zoning Administrator in the administration, interpretation, or enforcement of this Zoning Ordinance.

   (B)   Application Filing

      1.   Appeals of administrative decisions must be filed with the Zoning Administrator.

      2.   Appeals of administrative decisions must be filed within 45 days of the date of the order, requirement, decision or determination being appealed.

   (C)   Effect of Filing

The filing of a complete appeal stays all proceedings in furtherance of the action appealed, unless the Zoning Administrator certifies to the Planning and Zoning Commission, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to life or property, in which case the proceedings will not be stayed unless by a restraining order, which may be granted by the Planning and Zoning Commission or by a court of record based on due cause shown.

   (D)   Record of Decision

Upon receipt of an application of appeal, the Zoning Administrator must transmit to the Planning and Zoning Commission all papers constituting the record upon which the action appealed is taken.

   (E)   Public Hearing and Final Decision

      1.   The Planning and Zoning Commission must hold a public hearing on the appeal within 45 days of the date that the appeal is filed.

      2.   Within 30 days of the close of the public hearing, the Planning and Zoning Commission must take action on the appeal. The Planning and Zoning Commission’s decision must be in writing and be supported by written findings of fact.

      3.   In exercising the appeal power, the Planning and Zoning Commission has all the powers of the administrative official from whom the appeal is taken. The Planning and Zoning Commission may affirm or may reverse, wholly or in part, or modify the decision being appealed.

      4.   Action by the Planning and Zoning commission requires a simple majority vote of a quorum of the Planning and Zoning Commission.

      5.   In acting on the appeal, the Planning and Zoning Commission must grant to the Zoning Official’s decision a presumption of correctness, placing the burden of persuasion of error on the appellant.

      6.   All decisions of the Planning and Zoning Commission are final administrative decisions subject to judicial review pursuant to the provisions of the Administrative Review Law, and all amendments and modifications thereof, and the rules adopted pursuant thereto.

   (F)   Standards and Review Criteria

An appeal may be sustained only if the Planning and Zoning Commission finds that the Zoning Administrator erred.

   Appeal of Administrative Decision Process

(Ord. 2021-4931, 11-15-2021)

   (A)   Intent

The development concept proposal procedures of this Section are intended to provide a transparent, public review process for development concepts prior to formal application filing. The development concept proposal process is intended to be preliminary in nature and to provide an overview of the anticipated entitlement process and other applicable Village regulations or requirements.

      1.   Any comments, opinions, statements, concerns, or any and all other forms of feedback or response to the development concept proposal and any of its associated documents or plans shall not be considered binding on any member of Village staff or any appointed or elected Village official, nor shall such feedback or response be construed in any way as approval of the application, project, or any project element.

   (B)   Authority to File

Development concept proposal applications may be filed by the subject property owner or by the property owner’s authorized agent.

   (C)   Application Filing

Development concept proposal applications must be filed with the Zoning Administrator.

   (D)   Application Review and Report

The Zoning Administrator’s review of a development concept proposal is limited to the identification of anticipated zoning procedures.

      1.   Additional requirements, documentation, plan submittals, and fees may be determined to be necessary upon submittal of a formal application.

   (E)   Development Concept Proposal Presentation

The Planning and Zoning Commission must allow for a development concept proposal presentation within 60 days of receipt of a complete application. (Ord. 2021-4931, 11-15-2021)

   (A)   Applicability

When an application for a map amendment, special use, or variation is filed with the County of DuPage for property in unincorporated territory within one and one-half (1 and ½) miles of the incorporated boundary of the Village of Lisle, the zoning application shall be reviewed by the Zoning Administrator except as follows:

      1.   The property subject to the zoning application is not within the boundaries of the Village’s comprehensive plan is exempt from this requirement.

      2.   The property subject to the zoning application is not subject to review by the Village of Lisle pursuant to a boundary agreement with another municipality.

         (a)   In the absence of a boundary agreement, the jurisdiction of the Village of Lisle pursuant to this section shall extend to a median line equidistant from its boundary and the boundary of any other municipality nearest to the boundary of the Village of Lisle at any given point on the line

   (B)   Application Review

      1.   If the Zoning Administrator determines that the zoning application may adversely affect the Village’s provision of public utilities, adversely affect property within the Village of Lisle, or is otherwise inconsistent with the officially adopted plans of the Village of Lisle, the Zoning Administrator shall refer the matter to the Village Board for the consideration of filing an objection to the application. (Ord. 2021-4931, 11-15-2021)

   (A)   Authority to File

Amendments to the zoning map may be initiated by the Village Board or by the owner of the property that is the subject of the proposed map amendment or by the subject property owner’s authorized agent.

      1.   The Planning and Zoning Commission or Zoning Administrator may recommend the initiation of a map amendment to the Village Board. No application for a map amendment shall be filed by the Village without Village Board authorization.

   (B)   Application Filing

Complete applications for map amendments must be filed with the Zoning Administrator. A separate application must be made for each noncontiguous parcel of land.

   (C)   Application Review and Report

      1.   The Zoning Administrator must prepare a report and recommendation that evaluates the proposed map amendment in light of the standards and review criteria of this Section. The report must be transmitted to the Planning and Zoning Commission before their public hearing on the proposed map amendment.

   (D)   Required Notice

      1.   Newspaper Notice. Notice of the Planning and Zoning Commission’s required public hearing on a map amendment must be published in the newspaper in accordance with the requirements of this Chapter.

       2.   Delivered Notice. Notice of the Planning and Zoning Commission’s required public hearing on a map amendment must be delivered in accordance with the requirements of this Chapter.

      3.   Posted Notice. Notice of the Planning and Zoning Commission’s required public hearing on a map amendment must be posted on the subject property in accordance with the requirements of this Chapter.

   (E)   Public Hearing

The Planning and Zoning Commission must hold a public hearing on the proposed map amendment within 60 days of receipt of a complete application. Within 60 days of the close of the public hearing, the Planning and Zoning Commission must act by simple majority vote of a quorum to recommend that the proposed map amendment be approved, approved with modifications, or denied and transmit its findings and recommendations to the Village Board.

   (F)   Final Action

Within 60 days of the Planning and Zoning Commission’s recommendation, the Village Board must act to approve the proposed zoning map amendment, approve the proposed amendment with modifications or deny the proposed amendment. The Village Board may also remand the proposed map amendment back to the Planning and Zoning Commission for further consideration.

      1.   If the map amendment application is remanded, the Village Board must specify the reasons and scope of the remand, and further proceedings before the Planning and Zoning Commission must be limited to those identified items. The Planning and Zoning Commission must conduct further proceedings as may be appropriate and return a recommendation on the map amendment application to the Village Board within 60 days of the date that the matter is remanded to the Planning and Zoning Commission. Within 60 days of receipt of the Planning and Zoning Commission’s recommendation, the Village Board must take final action on the map amendment application.

   (G)   Standards and Review Criteria

The decision to amend the zoning map is a matter of legislative discretion that is not controlled by any single standard. In making recommendations and decisions about map amendments, review and decision-making bodies must consider at least the following factors:

      1.   Existing legally established uses of property within the general vicinity of the subject property.

      2.   The zoning classification of property within the general vicinity of the subject property.

      3.   The suitability of the subject property for the uses allowed under the existing zoning classification.

      4.   The trend of development, if any, in the general vicinity of the subject property, including changes, if any, that may have taken place since the time the subject property was placed in its present zoning classification.

      5.   Compliance with officially adopted plans of the Village.

   (H)   Successive Applications

If a map amendment application is denied, no application absent a change in circumstances may be accepted that proposes reclassification of any portion of the same property for the same zoning classification for 12 months from the date of the Village Board decision to deny.

   (I)   Protest Petitions

      1.   If a valid protest petition is filed against any proposed map amendment, passage of the map amendment requires a favorable vote of two-thirds of the Village Board trustees holding office.

      2.   A protest petition will be deemed valid if it is signed and acknowledged by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately abutting or across an alley therefrom, or by the owners of the 20% of the frontage directly opposite the frontage proposed to be altered.

      3.   A written protest petition opposing a map amendment must be submitted to the Village Clerk before the Village Board’s vote

      4.   When a written protest petition has been submitted, the protest petition must be served by the protestors upon the applicant and upon the applicant’s attorney, if any, by certified mail at the applicant’s and attorney’s addresses shown on the application.

   Map Amendment Decision Process

(Ord. 2021-4931, 11-15-2021)

   (A)   Intent

The special use permit approval procedures of this section is intended to provide a transparent, public review process for land uses that, because of their widely varying design and operational characteristics, require case-by-case review in order to determine whether they will be compatible with surrounding uses and development patterns.

   (B)   Authority to File

Special use permit applications may be filed by the subject property owner or by the property owner’s authorized agent. A separate application must be made for each noncontiguous parcel of land.

   (C)   Application Filing

Complete applications for special use permits must be filed with the Zoning Administrator.

   (D)   Application Review and Report

      1.   The Zoning Administrator must review the special use permit application in accordance with Section 5-17-3-3.

      2.   The Zoning Administrator must prepare a report and recommendation that evaluates the proposed special use permit in light of the standards and review criteria of this Section. The report must be transmitted to the Planning and Zoning Commission before their public hearing on the proposed special use permit.

   (E)   Required Notice

      1.   Newspaper Notice. Notice of the Planning and Zoning Commission’s required public hearing on a special use permit must be published in the newspaper in accordance with Section 5-17-5(A).

      2.   Delivered Notice. Notice of the Planning and Zoning Commission’s required public hearing on a special use permit must be delivered in accordance with Section 5-17-5(B).

      3.   Posted Notice. Notice of the Planning and Zoning Commission’s required public hearing on a special use permit must be posted on the subject property in accordance with 5-17-5(C).

   (F)   Public Hearing

The Planning and Zoning Commission must hold a public hearing on the proposed special use permit within 60 days of receipt of a complete application. Within 60 days of the close of the public hearing, the Planning and Zoning Commission must act by simple majority vote of a quorum to recommend that the proposed special use permit be approved, approved with conditions, approved with modifications, or denied and transmit its findings and recommendations to the Village Board.

   (G)   Final Action

Within 60 days of the Planning and Zoning Commission’s recommendation, the Village Board must act to approve the proposed special use permit, approve the special use permit with conditions, approve the special use permit with modifications or deny the special use permit. The Village Board may also remand the proposed special use permit back to the Planning and Zoning Commission for further consideration.

      1.   If the Planning and Zoning Commission recommended denial of the special use permit, passage of the special use permit requires a favorable vote of two-thirds of the Village Board trustees holding office.

      2.   If the special use application is remanded, the Village Board must specify the reasons and scope of the remand, and further proceedings before the Planning and Zoning Commission must be limited to those identified items. The Planning and Zoning Commission must conduct further proceedings as may be appropriate and return a recommendation on the special use application to the Village Board within 60 days of the date that the matter is remanded to the Planning and Zoning Commission. Within 60 days of receipt of the Planning and Zoning Commission’s recommendation, the Village Board must take final action on the special use application.

   (H)   Standards and Review Criteria

No special use permit may be recommended for approval or approved unless:

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

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

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

      4.   The special use in all other respects conforms to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by variation by the Village Board.

   (I)   Conditions of Approval

In granting a special use permit, the Village Board is authorized to impose conditions upon the subject property benefited by the special use permit that are necessary to reduce or minimize any potentially adverse impacts on other property in the surrounding area, and to carry out the stated purpose and intent of this Zoning Ordinance.

   (J)   Transferability

Approved special use permits run with the land and are not affected by changes of tenancy, ownership, or management unless otherwise stated in the ordinance approving the special use.

   (K)   Amendments

A request for changes in the specific nature of the approved special use permit or changes to any conditions attached to an approved special use permit must be processed as a new special use permit application, including the requirements for fees and notices.

   (L)   Successive Applications

If a special use permit application is denied, no application may be accepted absent a change in circumstances that proposes the same special use of any portion of the same property for 12 months from the date of the Village Board decision to deny.

   (M)   Lapse of Approval

      1.   An approved special use permit will lapse and have no further effect one year after it is approved by the Village Board, unless:

         (a)   A building permit has been issued (if required); or

         (b)   A certificate of occupancy has been issued; or

         (c)   The special use has been lawfully established.

      2.   The Village Board is authorized to extend the expiration period for good cause on up to two separate occasions, by up to six months each. Requests for extensions must be submitted to the Zoning Administrator and forwarded to the Village Board for a final decision.

      3.   A special use permit also lapses upon revocation of a building permit or a certificate of occupancy for violations of conditions of approval or upon expiration of a building permit to carry out the work authorized by the special use permit.

      4.   If any special use is abandoned, or is discontinued for a continuous period of one year or more, the special use permit for such use is void, and such use may not be reestablished unless and until a new special use permit is obtained in accordance with the procedures of this Chapter.

   Special Use Permit Decision Process

   (N)   Revocation

      1.   Revocation of an approved special use permit may be initiated by the property owner of the property subject to the special use permit or by the Village.

      2.   If revocation is initiated by the Village, the owner shall be notified, in writing, at least 60 days prior to the Village Board's consideration of the revocation.

      3.   The voluntary revocation of a special use permit is at the sole discretion of the Village Board.

      4.   The involuntary revocation of a special use permit shall be based on the Village Board's determination that the special use permit holder failed to comply with any or all of the conditions, restrictions, or provisions of the special use permit.

      5.   Upon revocation of a special use permit, the parcel of land shall conform to the permitted uses and other regulations of the zoning district in which it is located. (Ord. 2021-4931, 11-15-2021; amd. Ord. 2022-4972, 8-1-2022; Ord. 2023-5042, 12-18-2023)

Refer to Chapter 9 of this Zoning Ordinance. (Ord. 2021-4931, 11-15-2021)

   (A)   Intent

The text of this Zoning Ordinance may be amended from time to time in accordance with the procedures of this Section. The text amendment process is intended to allow for clarification of certain provisions, correction of contradictory clauses, or to change regulations to reflect evolving needs and concerns.

   (B)   Authority to File

Amendments to the text of this Zoning Ordinance may be initiated by the Village Board or by a property owner or the property owner’s authorized agent.

      1.   The Planning and Zoning Commission or Zoning Administrator may recommend initiation of a text amendment. No application for a text amendment shall be filed by the Village without Village Board authorization.

      2.   The Zoning Administrator is authorized to initiate text amendments of this Zoning Ordinance on an annual basis for the purpose of correcting errors or inconsistencies in the Zoning Ordinance.

   (C)   Application Filing

Complete applications for text amendments must be filed with the Zoning Administrator.

   (D)   Application Review and Report

      1.   The Zoning Administrator must review the text amendment application in accordance with Section 5-17-3(C).

      2.   The Zoning Administrator must prepare a report and recommendation that evaluates the proposed text amendment in light of the standards and review criteria of this Section. The report must be transmitted to the Planning and Zoning Commission before their public hearing on the proposed special use permit.

   (E)   Required Notice

      1.   Newspaper Notice. Notice of the Planning and Zoning Commission’s required public hearing on a text amendment must be published in the newspaper in accordance with Section 5-17-5(A).

      2.   Delivered Notice. Notice of the Planning and Zoning Commission’s required public hearing on a text amendment that proposes reclassification of a prohibited use to a permitted use or permitted special use within a zoning district must be delivered in accordance with Section 5-17-5(B).

   (F)   Public Hearing

The Planning and Zoning Commission must hold a public hearing on the proposed text amendment within 60 days of receipt of a complete application. Within 60 days of the close of the public hearing, the Planning and Zoning Commission must act by simple majority vote of a quorum to recommend that the proposed text amendment be approved, approved with modifications, or denied and transmit its findings and recommendations to the Village Board.

   (G)   Final Action

Within 60 days of the Planning and Zoning Commission’s recommendation, the Village Board must act to approve the proposed text amendment, approve the text amendment with modifications or deny the text amendment. The Village Board may also may remand the proposed text amendment back to the Planning and Zoning Commission for further consideration.

      1.   If the text amendment application is remanded, the Village Board must specify the reasons and scope of the remand, and further proceedings before the Planning and Zoning Commission must be limited to those identified items. The Planning and Zoning Commission must conduct further proceedings as may be appropriate and return a recommendation on the text amendment application to the Village Board within 60 days of the date that the matter is remanded to the Planning and Zoning Commission. Within 60 days of receipt of the Planning and Zoning Commission’s recommendation, the Village Board must take final action on the text amendment application.

   (H)   Standards and Review Criteria

The decision to amend the Zoning Ordinance text is a matter of legislative discretion that is not controlled by any one standard. In making recommendations and decisions about Zoning Ordinance text amendments, review and decision-making bodies must consider at least the following factors:

      1.   Whether the proposed text amendment is in conformity with the policy and intent of the comprehensive plan; and

      2.   Whether the proposed text amendment corrects an error or inconsistency in the Zoning Ordinance, meets the challenge of a changing condition or is necessary to implement established policy.

      3.   Whether the proposed text amendment reflects a change, new development, or new use that is beneficial to the Village.

   (I)   Protest Petitions

      1   If a valid protest petition is filed against any proposed text amendment, passage of the text amendment requires a favorable vote of two-thirds of the Village Board trustees holding office.

      2.   A protest petition will be deemed valid if it is signed and acknowledged by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately abutting or across an alley therefrom, or by the owners of the 20% of the frontage directly opposite the frontage proposed to be altered.

      3.   When a written protest petition has been submitted, the protest petition must be served by the protestors upon the applicant and upon the applicant’s attorney, if any, by certified mail at the applicant’s and attorney’s addresses shown on the application.

   Text Amendment Decision Process

(Ord. 2021-4931, 11-15-2021)

   (A)   Intent

Variances are intended to provide relief from practical difficulties or unnecessary hardships resulting from strict application of a numerical or quantitative requirement of the Zoning Ordinance. Variances shall not be used to:

      1.   Permit a principal use in a zoning district that is not otherwise allowed in that zoning district (i.e. “use variances” are prohibited);

      2.   Waive, modify, or amend any definition or use classification;

         (a)   A variance may be used to modify measurable elements within a definition or use classification.

      3.   Waive, modify, or amend any review and approval procedures; or

      4.   Waive, modify, or amend a condition of approval or requirement imposed by an authorized decision making body or the state or federal government.

   (B)   Authority to File

Variance applications may be filed by the subject property owner or by the property owner’s authorized agent.

   (C)   Application Filing

Complete applications for variances must be filed with the Zoning Administrator.

   (D)   Application Review and Report

      1.   The Zoning Administrator must review the variance application in accordance with Section 5-17-3(C).

      2.   The Zoning Administrator must prepare a report and recommendation that evaluates the proposed variance in light of the standards and review criteria of this Section. The report must be transmitted to the Planning and Zoning Commission before their public hearing on the proposed variance.

   (E)   Required Notice

      1.   Newspaper Notice. Notice of the Planning and Zoning Commission’s required public hearing on a variance must be published in the newspaper in accordance with Section 5-17-5(A).

      2.   Delivered Notice. Notice of the Planning and Zoning Commission’s required public hearing on a variance must be delivered in accordance with Section 5-17-5(B).

      3.   Posted Notice. Notice of the Planning and Zoning Commission’s required public hearing on a variance must be posted on the subject property in accordance with Section 5-17-5(C).

   (F)   Standards and Review Criteria. No variance may be recommended or approved unless:

      1.   That the plight of the owner is due to unique circumstances;

      2.   That the variance, if granted, will not alter the essential character of the locality.

      3.   That the conditions upon which the variance application is based would not be applicable generally to other property within the same zoning classification;

   (G)   Public Hearing

The Planning and Zoning Commission must hold a public hearing on the proposed variance within 60 days of receipt of a complete application. Within 60 days of the close of the public hearing, the Planning and Zoning Commission must act by simple majority vote of a quorum to recommend that the variance be approved, approve the variance with conditions, approve the variance with modifications, or deny the variance and transmit its findings and recommendations to the Village Board.

   (H)   Final Action

      1.   Within 60 days of the Planning and Zoning Commission’s recommendation, the Village Board must act to approve the variance, approve the variance with conditions, approve the variance with modifications or deny the variance. The Village Board may also may remand the proposed variance back to the Planning and Zoning Commission for further consideration.

         (a)   If the Planning and Zoning Commission recommended denial of the variance, passage of the variance requires a favorable vote of two-thirds of the Village Board trustees holding office.

         (b)   If the variance application is remanded, the Village Board must specify the reasons and scope of the remand, and further proceedings before the Planning and Zoning Commission must be limited to those identified items. The Planning and Zoning Commission must conduct further proceedings as may be appropriate and return a recommendation on the variance application to the Village Board within 60 days of the date that the matter is remanded to the Planning and Zoning Commission. Within 60 days of receipt of the Planning and Zoning Commission’s recommendation, the Village Board must take final action on the variance application.

   (I)   Conditions of Approval

In granting a variance, the Village Board is authorized to impose conditions upon the subject property that are necessary to reduce or minimize any potentially adverse impacts on other property in the surrounding area, and to carry out the stated purpose and intent of this Zoning Ordinance.

   (J)   Transferability

Approved variances run with the land and are not affected by changes of tenancy, ownership, or management unless otherwise stated in the ordinance approving the variance.

   (K)   Amendments

A request for changes in the specific nature of the approved variance or changes to any conditions attached to an approved variance must be processed as a new variance application, including the requirements for fees and notices.

   (L)   Successive Applications

If a variance application is denied, no substantially similar application may be accepted absent a change in circumstances for the same property for 12 months from the date of denial by the Planning and Zoning Commission.

   (M)   Lapse of Approval

An approved variance will lapse and have no further effect one year after it is approved by the Zoning Administrator, unless:

      1.   A building permit has been issued (if required); or

      2.   The use or structure has been lawfully established.

      3.   The Village Board is authorized to extend the expiration period for good cause on up to two separate occasions, by up to six months each. Requests for extensions must be submitted to the Zoning Administrator and forwarded to the Village Board for a final decision.

      4.   A variance lapses upon revocation of a building permit or a certificate of occupancy for violations of conditions of approval or upon expiration of a building permit to carry out the work authorized by the variance.

      5.   If any variance is abandoned or is discontinued for a continuous period of one year or more, the variance is void, and the use or structure may not be reestablished unless and until a new variance is obtained in accordance with the procedures of this Chapter.

   Variance Decision Process

(Ord. 2021-4931, 11-15-2021)