(A)

Administrative bodies. The administration of this Chapter is hereby vested in five offices of the government of the Village of Lombard as follows:

- Village Board of Trustees

- Plan Commission

- Zoning Board of Appeals

- Inter-Departmental Review Committee

- Department of Community Development

(B)

Administrative functions. The five offices outlined above shall each have certain duties with respect to the administrative functions of this Chapter, as described in § 155.102, below.

The administrative functions of this Chapter are as follows:

- Zoning Compliance Reviews

- Issuance of Certificates of Occupancy/Zoning Certificates

- Variations

- Appeals

- Amendments

- Conditional uses

- Fees

- Penalties

- Site plan review

- Public Hearings

(Ord. No. 8347, § 1, passed 3-20-25)

The administrative duties and functions of the five administrative offices are as follows:

(A)

Village Board of Trustees. The Village Board of Trustees of the Village of Lombard, hereinafter referred to as the "Village Board" or "Board of Trustees," as established in accordance with the Illinois Compiled Statutes, shall have the following authority and duties with respect to this Chapter.

(1)

Receive recommendations from the Plan Commission concerning amendments, companion variations, and conditional uses, and to approve or disapprove such petitions for amendments, companion variations, and conditional uses.

(2)

Receive recommendations from the Zoning Board of Appeals regarding variations and appeals of administrative decisions and make final rulings on such variations and appeals.

(B)

Plan Commission. The Plan Commission of the Village of Lombard, has been created by Ordinance 614 and amended by Ordinance 741 and any amendment thereto, and has the following authority and duties:

(1)

Review all applications for text or map amendments to this ordinance, hold hearings hereon, and report findings and recommendations to the Village Board in conformance with subsection 155.103 (E), below:

(2)

Review all applications for conditional uses, hold hearings thereon, and report findings and recommendations to the Village Board in conformance with subsection 155.103 (F), below;

(3)

Review all applications for companion variations made as a part of a petition for map amendment, annexation, conditional use, or plat application, hold hearings thereon, and report findings and recommendations to the Village Board in conformance with subsection 155.103 (C), below;

(4)

Review all applications for site plan approval for planned developments, hold hearings thereon, report findings and to approve or disapprove such petitions in conformance with §§ 155.504 (C), 155.504(D), or 155.511; and

(5)

Coordinate the enforcement of this Chapter with the official comprehensive plan and its amendments.

(C)

Zoning Board of Appeals. The Zoning Board of Appeals of the Village of Lombard, as created by Ordinance 612 and any amendment thereto, has the authority and duties described below.

(1)

To hear appeals from any order, requirement, decision, or determination made by the Director of Economic Development and Planning under this ordinance and prepare a recommendation to the Board of Trustees, as prescribed in subsection 155.103 (D), below; and

(2)

To hear petitions for variations and prepare recommendations to the Village Board of Trustees regarding such petitions, as prescribed in subsection 155.103 (C), below.

(3)

To hear and decide all matters referred to it or upon which it is required to pass under this Chapter.

(D)

Inter-Departmental Review Committee.

(1)

Creation. There is hereby created the Inter-Departmental Review Committee. Said committee shall be appointed by the Village Manager and consist of representation from each of the following village offices: Department of Public Works, Department of Community Development, Fire Department, and the office of the Village Manager.

(2)

Intent. In order to exercise more orderly control of land use within areas of critical concern, the Village hereby establishes an Inter-Departmental Review Committee to act as an advisory body to the Director of Economic Development and Planning in the site plan review process, as specified in subsection 155.103 (I), below.

(3)

Procedure for meetings. The Inter-Departmental Review Committee shall convene at the request of the Director of Economic Development and Planning, who shall provide each department identified above with appropriate information regarding the application being considered. The committee shall report on the suitability of said application as interpreted by the various Village departments. No quorum is required for meetings and the members in attendance to review a particular application/petition shall constitute the reviewing body for that application or petition.

(E)

Director of Economic Development and Planning. The position of the Director of Economic Development and Planning has been established by the Village and the authority and the duties shall be as follows:

(1)

Issue all certificates of occupancy and zoning certificates based upon compliance with provisions of this Chapter;

(2)

Conduct inspections of buildings, structures, and use of land to determine compliance with the terms of this Chapter, including zoning compliance reviews;

(3)

In cases in which a violation of the provisions of this Chapter is observed, provide applicable and relevant documentation necessary for code enforcement response and effective resolution;

(4)

Require that all construction or work of any type be stopped when such work is not in compliance with this ordinance;

(5)

Review and approve or deny, all applications for non-listed uses;

(6)

Have possession of permanent and current records of this ordinance, including but not limited to, all maps, amendments, conditional uses, variations, appeals, site plan reviews and applications;

(7)

Assist in providing public information relative to this Chapter;

(8)

Forward to the Plan Commission all applications for conditional uses, companion variations, amendments to this Chapter or other matters on which the Plan Commission is required to review under this Chapter;

(9)

Forward to the Zoning Board of Appeals applications for appeals, variations, or other matters on which the Zoning Board of Appeals is required to review under this Chapter;

(10)

Forward pertinent applications to the Inter-Departmental Review Committee as specified in subsection 155.102 (D), above;

(11)

Enforce all orders of the Zoning Board of Appeals;

(12)

Review and prepare recommendations on all matters going before the Plan Commission or Zoning Board of Appeals.

(13)

Initiate, direct, and review, from time to time, a study of the provisions of this ordinance, and make a report of recommendations to the Plan Commission, Zoning Board of Appeals and Board of Trustees not less frequently than once a year.

(14)

To conduct site plan reviews and issue site plan review permits as described in subsection 155.103 (I), below.

(F)

Director of Building. The position of the Director of Building has been established by the Village and the authority and the duties of the Director pertaining to this Chapter are as follows:

(1)

Issue all certificates of occupancy and zoning certificates and maintain records.

(2)

Conduct inspections of buildings, structures, and use of land to determine compliance with the terms of this Chapter.

(3)

Issue notices and citations for violations of the terms of this Chapter.

(4)

Require that all construction or work of any type be stopped when such work is not in compliance with this Chapter.

(Ord. 5696, passed 8-18-05; Ord. No. 8347, § 1, passed 3-20-25)

Procedures governing zoning compliance reviews, occupancy permits, variations, appeals, amendments, conditional uses, fees, penalties, and site plan reviews shall be as set forth below:

(A)

Zoning compliance review/zoning certificate. Except as hereinafter provided, no permit pertaining to the use of land or buildings whether existing or proposed, shall be issued by an officer, department or employee of the village unless the application for such permit has been examined by the Director of Economic Development and Planning and has affixed to it his written authorization certifying that the proposed use complies with all the provisions of Chapter 155 of this Code. In certifying compliance, the village authorizes that the subject land and/or building can be occupied and used for its intended purpose, provided that any new construction/remodeling conforms to the approved plans and the applicable ordinances of the Village. Any permit issued in conflict with the provisions of this Chapter, or without such authorization, shall be null and void.

(B)

Zoning certificate. No buildings, or portions thereof shall be occupied, and no land, or portions thereof, shall be used for any purpose until a zoning certificate has been issued by the Director of Community Development. No change in the use or user of a building, or portion thereof, or land, or portion thereof, shall be made until a zoning certificate has been issued by the Director of Economic Development and Planning.

(1)

Application for zoning certificate. Every person who proposes to change the use of the building or land, or portion thereof, and every person who proposes to change the user of a building or land, or portion thereof, shall apply for and obtain from the village a zoning certificate, prior to changing said use, or prior to changing said user, an occupancy permit for said building or land or portion thereof.

(C)

Variations.

(1)

Intent. Variations shall be granted only where such Board makes findings of fact in accordance with the standards set forth in this ordinance, and further, finds that the regulations in this Chapter will impose practical difficulties or particular hardships to a petitioner in the way of carrying out the strict letter of the regulations of this Chapter.

(2)

Authority.

(a)

The Zoning Board of Appeals and the Board of Trustees may, after a public hearing, vary the regulations of this Chapter in harmony with its general purpose and intent.

(b)

For variation requests for a site that has been previously granted a conditional use, and for which the conditional use is still in effect, the Plan Commission and the Board of Trustees may, after conducting a public hearing, vary the regulations of this Chapter in harmony with its general purpose and intent.

(c)

For variation requests for signage and parking requirements for a site that has been previously granted a conditional use for a planned development, and for which the planned development is still in effect, the Plan Commission may, after conducting a public hearing, vary the regulations of this Chapter per subsections 155.504(C) or 155.504(D) in harmony with its general purpose and intent.

(3)

Eligible petitioners. An application for a variation may be made by any person, firm or corporation, or by any office, department, board, bureau or commission requesting or intending to request an application for a building permit. Any variation request for properties which have R6, O, B1, B2, B3, B4, B4A, B5, B5A or I District zoning and which meet the minimum lot area and width requirements for a planned development must be submitted to the village as a request for a planned development, unless waived per subsection 155.502(G).

(4)

Filing for applications. An application for a variation shall be filed with the Director of Economic Development and Planning, who shall forward such application to the Zoning Board of Appeals or to the Plan Commission based upon subsection 155.103(C)(2).

(5)

Public hearings. Public hearings conforming to state statute and subsection 155.103(J), below, shall be required for all variation applications.

(6)

Decisions. The Zoning Board of Appeals or the Plan Commission, whichever may be applicable, shall determine findings of fact based on the standards established in subsection 155.103(C)(7), below, and render recommendations to the Board of Trustees. The Board of Trustees shall consider the Zoning Board's or Plan Commission's findings of fact, which the board shall accept, accept with modifications, or issue new findings of fact. The Board of Trustees shall then render a final decision.

(7)

Standards for variations. The regulations of this Chapter shall not be varied unless findings based on the evidence presented are made in each specific case that affirms each of the following standards:

(a)

Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations were to be applied;

(b)

The conditions upon which an application for a variation is based are unique to the property for which the variation is sought, and are not generally applicable to other property within the same zoning classification;

(c)

The purpose of the variation is not based primarily upon a desire to increase financial gain;

(d)

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

(e)

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

(f)

The granting of the variation will not alter the essential character of the neighborhood; and

(g)

The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or impair natural drainage or create drainage problems on adjacent properties, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.

(8)

Restrictions on variations. The following restrictions shall apply to all variations.

(a)

No variation shall be authorized that would modify any definition;

(b)

No variation shall be authorized that would vary uses between zoning districts, except use exceptions approved in a planned development;

(c)

No variation shall be authorized that would result in a density increase from that permitted in a zoning district except in conjunction with a planned development;

(9)

Additional restrictions. In the granting of a variation, additional conditions and restrictions may be placed upon the premises, which are necessary to comply with the standards listed above and the objectives of this Chapter.

(10)

Revocation. Where a variation has been granted pursuant to the provisions of this Chapter, such approval shall become null and void unless work thereon is substantially under way within 24 months of the date of issuance, unless extended by the Board of Trustees prior to the expiration of the ordinance granting the variation.

(D)

Appeals.

(1)

Intent and applicability. Appeals provide for a means to present testimony concerning any administrative order, requirement, decision or determination made by any of the administrative bodies or authorized officials concerning this Chapter.

(2)

Authority. The Zoning Board of Appeals shall hear testimony concerning appeals from any administrative order, requirement, decision or determination made by any of the administrative bodies or authorized official concerning this ordinance and prepare a recommendation to be forwarded to the Board of Trustees, The Board of Trustees shall consider the recommendation of the Zoning Board of Appeals and render a final decision.

(3)

Initiation. An appeal may be filed with the Zoning Board of Appeals by any person, firm or corporation or by any office, department, board, bureau, or commission aggrieved by an administrative order, requirement, decision or determination relative to this ordinance by any administrative bodies or authorized officials.

(4)

Filing for application. An appeal shall be filed with the Director of Economic Development and Planning, who shall forward such appeal to the Zoning Board of Appeals for processing in accordance with this Chapter and applicable Statutes of the State of Illinois.

(5)

Procedure. Within 14 days after an appeal has been filed, or such other time as the Zoning Board of Appeals finds reasonable, the official, department, bureau, or commission whose decision is the subject of the appeal shall file a response to the application for appeal with the Zoning Board of Appeals. A copy of the response shall be served upon the applicant for appeal who shall then have five days, or such other time as the Zoning Board of Appeals finds to be reasonable, to file his reply to the response. The application for appeal, response to the application, and the reply shall become part of the public record of the hearing on the application for appeal. In addition, any evidence presented at the public hearing by the village, or the applicant for appeal shall become part of the record of the appeal.

(6)

Public hearings. Public hearings conforming to the state statute shall be required for all applications for an appeal. Notice of all public hearings shall be published not more than 30 nor less than 15 days before said hearing in one or more newspapers with a general circulation within the Village of Lombard.

(7)

Decisions. The Zoning Board of Appeals after hearing testimony, evidence and argument concerning appeals shall either (a) grant the relief sought by the applicant for appeal, (b) deny the relief, or (c) grant such other and different relief as shall be appropriate under the circumstances. Further, they shall prepare findings of fact and where appropriate, findings of law to support their decision. The decision of the Zoning Board of Appeals shall be a final decision subject to the provisions of the Administrative Review Law of the State of Illinois.

(E)

Amendments.

(1)

Intent and applicability. For the purpose of promoting the public health, safety, and general welfare, conserving the value of property throughout the community, and lessening or avoiding congestion in the public streets and highways, the Village Board of Trustees may, from time to time, in the manner hereinafter set forth, amend the regulations imposed in the districts created by this Chapter or amend district boundary lines, provided that in all mandatory ordinances adopted under the authority of this subsection, due allowances shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantage of the entire community, and the uses to which property is devoted at the time of the adoption of such mandatory ordinance.

(2)

Authority. The authority to amend this Chapter shall rest with the Board of Trustees. With both text amendments and map amendments, the Plan Commission shall prepare findings of fact and a recommendation to be forwarded to the Board of Trustees.

(3)

Initiation.

(a)

Text amendments may be proposed by the Village Board, Plan Commission, Zoning Board of Appeals, other village officials or any interested person or organization.

(b)

Map amendments may be proposed by the owner of the property involved, or an authorized representative, the Village Board, the Plan Commission, Zoning Board of Appeals, or other village officials.

(c)

Planned development approval is also required for any property which is proposed to be rezoned to the R6, O, B1, B2, B3, B4, B4A, B5, B5A and I District and which meets the minimum lot area and width requirements for a planned development. The planned development approval requirement may be waived by the Director of Economic Development and Planning, per subsection 155.502(G).

(4)

Filing for application. An application for an amendment to this Chapter shall be filed with the Director of Economic Development and Planning in such form and accompanied by such information as required by the Director of Economic Development and Planning. The Director of Economic Development and Planning, upon receiving a full and complete application for amendment, shall transmit the application, along with all pertinent data filed therewith, to the Plan Commission for review and recommendation to the Village Board.

(5)

Public hearing. Public hearings conforming to state statute and subsection 155.103(J), below, shall be required for all applications for an amendment.

(6)

Findings of fact and recommendation by the Plan Commission. The Plan Commission shall submit written recommendations to the Village Board within 30 days of the conclusion of the public hearing. Extension of this time period may be allowed by mutual consent of applicant and the Plan Commission.

(7)

Action by the Village Board. The Village Board shall not act upon a proposed amendment to this Chapter until it shall have received a written report and recommendation from the Plan Commission on the proposed amendment incorporating findings of fact, outlined above.

(8)

Standards. The regulations of this Chapter shall not be amended unless findings based on the evidence presented are made in each specific case that affirm each of the following standards:

(a)

Map amendments. Where a map amendment is proposed, the Plan Commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters:

(i)

Compatibility with existing uses of property within the general area of the property in question;

(ii)

Compatibility with the zoning classification of property within the general area of the property in question;

(iii)

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

(iv)

Consistency with the trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place in its present zoning classification;

(v)

The compatibility of the surrounding property with the permitted uses listed in the proposed zoning classification;

(vi)

The objectives of the current comprehensive plan for the Village of Lombard and the impact of the proposed amendment on the said objectives;

(vii)

The suitability of the property in question for permitted uses listed in the proposed zoning classification.

(b)

Text amendments. Where a text amendment is proposed, the Plan Commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters:

(i)

The degree to which the proposed amendment has general applicability within the village at large and not intended to benefit specific property;

(ii)

The consistency of the proposed amendment with the objectives of this Chapter and the intent of the applicable zoning district regulations;

(iii)

The degree to which the proposed amendment would create nonconformity;

(iv)

The degree to which the proposed amendment would make this Chapter more permissive;

(v)

The consistency of the proposed amendment with the comprehensive plan;

(vi)

The degree to which the proposed amendment is consistent with village policy as established in previous rulings on petitions involving similar circumstances.

(9)

Effect of denial of proposal. No application for a map amendment which has been denied by the Village Board shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of change of condition found to be valid by the Director of Economic Development and Planning; and no application for a text amendment which has been denied shall be resubmitted within 90 days.

(10)

Repeal of amendment. In any case where a map amendment has been granted, and where no development has taken place within one year, the Plan Commission, after holding a public hearing, may recommend to the Village Board that such zoning be affirmed or repealed and rezoned to its most appropriate district classification. The repeal of a map amendment can then be effected by the adoption of an ordinance repealing the amendment by the Board of Trustees.

(F)

Conditional uses.

(1)

Intent and applicability. The development and execution of this Chapter is based upon the division of the community into districts within which the use of land and buildings and the bulk and location of buildings and structures are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use in the particular location. Such conditional uses fall into two categories:

(a)

Uses publicly operated or traditionally affected with a public interest.

(b)

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

(2)

Authority. The Board of Trustees shall render final decisions on all applications for a conditional use. The Plan Commission shall hold a public hearing, prepare findings of fact, and submit its recommendation to the Board of Trustees for their consideration.

(3)

Eligible petitioners. Any person, firm, corporation, office, department, or other legal entity having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest or an exclusive possessory interest, and which is specifically enforceable, may file an application with the written consent of the property owner, to use such land for one or more of the conditional uses provided for in this ordinance in the zoning district in which the land is located.

(4)

Filing for application. An application for a conditional use shall be filed with the Director of Economic Development and Planning or an official, prescribed form. The application shall be accompanied by the following plans, data or information:

(a)

A statement in writing by the applicant and adequate evidence showing that the proposed conditional use will conform to the standards set forth in subsection (F), hereinafter.

(b)

The existing use and zoning of land within 200 feet of the subject site.

(c)

An accurate legal description of the subject property.

(d)

Other information as may be required at the discretion of the Director of Economic Development and Planning. Such application shall be forwarded from the Director of Economic Development and Planning to the Plan Commission for review and recommendation to the Village Board.

(5)

Public hearings. Public hearings conforming to state statute and conforming with subsection 155.103(J), below, shall be required for all conditional use applications.

(6)

Plan commission action. For each application for a conditional use, the Plan Commission shall, within 30 days of the conclusion of the public hearing concerning such application, submit its written findings to the Village Board, including the stipulations of additional conditions, and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest.

(7)

Action by the Village Board.

(a)

The Village Board shall not act upon a proposed conditional use permitted under this Chapter until it shall have received a written report and recommendation from the Plan Commission.

(b)

The Village Board may grant by ordinance, deny, or refer back to the Plan Commission for further study, any application for conditional use, and may establish such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use, as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in section 155.103(F)(8), below.

(c)

In all cases where the Village Board permits the establishment of a conditional use, the terms of the relief granted shall be specifically set forth in the ordinance.

(8)

Standards. No conditional use shall be recommended by the Plan Commission unless it finds:

(a)

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

(b)

That the conditional use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located.

(c)

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

(d)

That adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided;

(e)

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

(f)

That the proposed conditional use is not contrary to the objectives of the current comprehensive plan for the Village of Lombard; and

(g)

That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendations of the Plan Commission.

(9)

Conditions and guarantees. Prior to the granting of any conditional use, the Plan Commission may recommend and the Village Board may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified above. In all cases in which conditional uses are granted, the Village Board shall require such evidence and guarantees as it may deem necessary as proof that the conditional use complies with all conditions stipulated in connection therewith.

(10)

Effect of denial of application. No application for a conditional use which has been denied wholly or in part by the Village Board shall be resubmitted for a period of one year from the date of said denial, except on the grounds of new factual evidence, or a change in conditions which would alter the concept or intent of the request. Such changes may include more than a 15 percent modification in the density, height, land use, or building type, changes in road standards or alignment, or conditions which would have a positive effect on the surrounding property. New factual evidence or a change in conditions must be reviewed by the Director of Economic Development and Planning. The Director of Economic Development and Planning must find either new factual evidence or a change in conditions presented at the original public hearing, as well as a change in the site plan, before allowing a new public hearing to be conducted.

(11)

Revocation.

(a)

In any case where the construction of an approved conditional use is not substantially underway within two years from the date of granting thereof, then, without further action by the Village Board, the conditional use or authorization thereof shall be null and void.

(b)

A conditional use permit may be revoked if conditional use as established or constructed on the site does not conform to the established conditions for approval. The Director of Economic Development and Planning will be responsible for advising the Village Board of any violations and the Village Board may then authorize the Plan Commission to schedule a public hearing to consider revoking the conditional use permit. After conducting the public hearing, the Plan Commission shall then prepare a written report and recommendation to submit to the Village Board. Upon receipt of the Plan Commission's report, the Village Board shall then render a final judgment regarding rescinding the conditional use permit and accompanying ordinance.

(12)

Expiration and transferability. A conditional use approval shall be deemed to authorize only a particular conditional use and shall expire if the conditional use shall cease for more than 24 months for any reason. However, the ownership of an authorized conditional use may be changed if the use remains unchanged.

(13)

Modification or intensification. Any modification or intensification of a conditional use which alters the essential character or operation of the use in a way not intended at the time the conditional use was granted shall require a new conditional use permit. Such conditional use permit shall be applied for prior to any modification of the use or property. The Director of Economic Development and Planning shall determine whether the proposed modification or intensification represents an alteration in the essential character of the original conditional use as approved. The operator of the conditional use shall provide the Director of Economic Development and Planning with all the necessary information related to the conditional use to render this determination.

(G)

Fees. Any person, firm corporation, or agent, who shall file an application for amendment or application for an appeal, variation, or conditional use, or for any other certificate, license, or procedure required under the terms of this ordinance, shall be charged a fee in accordance with a schedule of fees established by the Village of Lombard Board of Trustees.

(H)

Penalties.

(1)

It shall be unlawful for any person to occupy, or permit the occupancy any structure; engage in, maintain, or permit the maintenance of any business or enterprise; or in any other way use, or permit the use, of any parcel of property in other than full compliance with the provisions of this Chapter.

(2)

Any person, firm or corporation who violates, omits, neglects, or refuses to comply with, or who resists the enforcement of the provisions of this Chapter shall, upon conviction, be fined no more than $500.00 for each offense. Each day that the violation is permitted to exist shall constitute a separate offense.

(I)

Site plan review.

(1)

Intent. The Village of Lombard recognizes that the very nature of land development creates potential for traffic congestion, overcrowding, adverse environmental impacts, and health related problems. It seeks to ensure that any location within the village that has a potential for such problems, referred to as areas of critical concern, shall be subject to site plan review by the Director of Economic Development and Planning, who shall receive advise on such reviews by the Inter-Departmental Review Committee. Site plan reviews shall help ensure compliance with the meaning and intent of the zoning ordinance, and all portions thereof.

(2)

Applicability. All applications for building permits in the CR, R3, R4, R5, R6, B1, B2, B3, B4, B4A, B5, B5A, O, and I Districts shall be subject to site plan review approval in accordance with the provisions established below. Petitions for planned developments and conditional uses shall receive site plan review but shall not require site plan review approval. Site plan reviews shall be performed by the Director of Economic Development and Planning, with the Inter-Departmental Review Committee serving as an advisory body, as specified in subsection 155.103(D), above.

(3)

Authority. Building permits shall not be issued for any use of land or proposed construction on a lot in the zoning districts identified in subsection 155.103(I), above, unless site plan review approval has been granted by the Director of Economic Development and Planning.

(4)

Required information. Additional information beyond that required for a building permit may be required of the petitioner or applicant at the discretion of the Director of Economic Development and Planning.

(5)

Decisions. The decisions of the Director of Economic Development and Planning shall be based on the following standards:

(a)

The extent to which the proposal conforms to the provisions of this Chapter.

(b)

The extent to which the proposal if implemented would be compatible with the surrounding area.

(c)

The extent to which the proposal conforms to the provisions of the village's subdivision and development ordinance.

(d)

The extent to which the proposal conforms to customary engineering standards used in the village.

(e)

The extent to which the location of streets, paths, walkways, and driveways are located so as to enhance safety, and minimize any adverse traffic impact on the surrounding area.

(f)

The extent to which the buildings, structures, walkways, roads, driveways, open space (if any), and parking lots, have been located to achieve the following objectives:

(i)

Preserve existing off-site views and create desirable on-site views,

(ii)

Conserve natural resources and amenities available on the site,

(iii)

Minimize any adverse flood impact,

(iv)

Ensure that proposed structures are located on suitable soils,

(v)

Minimize any adverse social or environmental impact, and

(vi)

Minimize any present or future cost to the municipality and private providers of utilities in order to adequately provide utility services to the site.

(6)

Appeals. All denials of site plan review applications may be appealed according to the provisions of subsection 155.103(D), above.

(J)

Public hearings.

(1)

General procedures and information. Public hearings of the administrative bodies of the Village of Lombard shall be conducted in accordance with requirements of the Illinois Compiled Statutes. Information regarding requirements for public hearings for each administrative function shall be available at the Department of Economic Development and Planning of the Village of Lombard. In addition, materials submitted in conjunction with a public hearing shall be made available for public inspection by the Department of Economic Development and Planning. Issuance of notice of public hearings and pending actions of the administrative bodies of the Village of Lombard shall be governed by the requirements of Illinois Compiled Statutes, except where Village Code requires broader notice than minimal state requirements.

(2)

Public notice.

(a)

Publication. The Director of Economic Development and Planning shall see that notice of all public hearings is published not more than 30 nor less than 15 days before said hearing in one or more newspapers with a general circulation within the Village.

(b)

Adjoining property owners. It shall be the responsibility of the Director of Economic Development and Planning to ensure that notice of all public hearings is provided to all owners of property located within 250 feet of a property that is the subject of a public hearing. Such notification shall be in writing and provided not more than 30 nor less than 15 days before said hearing. For the purposes of determining property owners for notification, the taxpayer of record as listed with the Township Assessors office shall be used.

(c)

Posting notice. A public notice sign, provided for and erected by the Director of Economic Development and Planning at the expense of the applicant, shall be placed property that is the subject of a request for a map amendment or a conditional use. The public notice sign shall be erected at least fifteen 15 days before the public hearing and remain until final action by the Board of Trustees. The sign shall be visible to the general public as determined by the Director of Economic Development and Planning. In the event that the Director of Economic Development and Planning determines that a public notice sign cannot be placed on the subject property or will not be visible to the general public if placed on the subject property, the Director of Economic Development and Planning shall have discretion to place the sign within the adjacent public right-of-way or at another location that meets the intent of this subsection.

(K)

Submittal requirements.

(1)

General procedures and information. The Director of Economic Development and Planning may require the submittal of a site plan, plat of survey, or similar information for any proposed development or approval related to the administrative functions described in § 155.103, above. All required site plans, plats of survey, and other required information shall conform to the requirements of this Chapter.

(2)

Plats of survey. Plats of survey must indicate all existing conditions and shall be signed and sealed by an Illinois Registered Land Surveyor.

(3)

Site plans.

(a)

All required site plans shall be prepared by one of the following unless otherwise approved by the Director of Economic Development and Planning:

Licensed Architect

Licensed Landscape Architect

Registered Land Surveyor

Registered Engineer

Professional Land Planner

(b)

The site plan shall indicate all proposed and existing improvements drawn to scale, plus all other relevant dimensions and notes, and shall be in conformance with all appropriate village ordinances.

(4)

Exemptions. Properties developed as detached, single-family residences shall be exempt from these submittal requirements.

(L)

Order of applications for relief. Where a petition for relief, which requires action by the Plan Commission or the Zoning Board of Appeals, is pending under this Chapter 155, relative to a particular property, a second petition for relief, relative to the same property, shall not be processed until either the first petition for relief is withdrawn or final action thereon has been taken by the President and Board of Trustees, unless the second petition for relief has been brought by the same applicant, relates to the same proposed use of the property as the first petition for relief, and the granting of said relief would not be in conflict with, or serve as an alternate to, the relief requested in the first petition.

(Ord. 5606, passed 2/17/05; Ord. 5696, passed 8/18/05; Ord. No. 7105, 1, passed 8-13-15; Ord. No. 7579, § 1, passed 9-20-18; Ord. No. 7826, § 1, passed 6-18-20; Ord. No. 7929, §§ 1—3, passed 3-4-21; Ord. No. 8347, § 1, passed 3-20-25)