(A)

General Powers. The building superintendent shall be charged with the administration and enforcement of this title. in addition to the jurisdiction, authority, and duties conferred on the building superintendent by other provisions of state statutes and village codes and ordinances, the building superintendent shall have all powers necessary for such administration and enforcement and shall, in particular, have the jurisdiction, authority, and duties hereinafter set forth.

(B)

Rules; Regulations; Application Forms. The building superintendent, consistent with the express standards, purposes, and intent of this title, shall promulgate, adopt, and issue such procedural rules, regulations, and forms as are in the building superintendent's opinion necessary to the effective administration and enforcement of the provisions of this title.

(C)

Assistance to the Zoning Board of Appeals and Plan Commission. The building superintendent, within budgets available for that purpose, shall make consulting assistance available to the zoning board of appeals, the plan commission, and the architectural board, and the building superintendent or his delegate shall in that capacity provide such clerical and technical assistance as may be required by each such body in the exercise of its duties.

(D)

Records. The building superintendent shall maintain:

1.

Permanent and current records pertaining to this title, including all maps, amendments, special permits, and planned unit development approvals and denials, interpretations, and decisions rendered by the zoning board of appeals, the plan commission, the architectural board, the village attorney, and the building superintendent, together with relevant background files and materials;

2.

A current file of all certificates of zoning compliance, all certificates of occupancy, and all notices of violations, discontinuances, terminations, or removals, issued by or entrusted to the building superintendent's office for such time as necessary to ensure continuous compliance with the provisions of this title.

(E)

Zoning Text; Zoning Map. The building superintendent shall prepare and have available for public sale on or before March 31 of each year:

1.

The compiled text of this title in book or pamphlet form, including all amendments thereto through the preceding December 31; and

2.

The official zoning map, showing the zoning districts, divisions, and classifications in effect on the preceding December 31. The building superintendent, at all other times, shall maintain and have available for reproduction at least one up to date copy of both the zoning code text and the zoning map, showing all amendments through the most recent meeting of the board of trustees for which official minutes have been approved.

(F)

Applications; Receipt, Processing, Referral to Interested Parties and Agencies. The building superintendent shall receive all applications required to be filed pursuant to this title. Upon receipt of any such application, the building superintendent shall see to its expeditious processing, including its prompt referral to and retrieval from each official, board, or commission of the village, or other government, with any interest or duty with respect to such application.

(G)

Investigation of Applications. Whenever the plan commission, the zoning board of appeals, the architectural board, or the board of trustees shall so request, by general rule or specific direction, the building superintendent shall conduct or cause to be conducted such surveys, investigations, and field studies and shall prepare or cause to be prepared such reports, maps, photographs, charts and exhibits as shall be necessary and appropriate to the processing of any application filed pursuant to this title.

(H)

Zoning Compliance and Occupancy Certificates. Pursuant to the provisions of sections 5-11-11 and 5-11-12 of this chapter, the building superintendent shall review all applications for certificates of zoning compliance and certificates of occupancy and shall approve or disapprove such applications and issue or refuse to issue such certificates based on compliance or noncompliance with the provisions of this title.

(I)

Interpretations. Pursuant to the provisions of section 5-11-13 of this chapter, the building superintendent shall issue a written interpretation of the meaning and applicability of specific provisions of this title. Any interpretation of this title that may be rendered by the zoning board of appeals or the building superintendent shall be kept on file with the building superintendent and shall be a public record of the village open to inspection by interested parties at reasonable times and upon reasonable notice.

(J)

Extensions of Time. The building superintendent, upon written request, may for good cause shown and without any notice or hearing grant extensions of any time limit imposed on an owner or permittee by this title or, unless the ordinance or resolution shall expressly provide otherwise, by any ordinance or resolution of any body acting pursuant to this title. The total period of time granted by such extension or extensions shall not exceed the length of the original period.

(K)

Inspection and Enforcement. in furtherance of the enforcement of this title, the building superintendent shall undertake such regular and continuing programs of inspection of work approved and under way and of existing structures and uses as may be feasible and proper within the limits of staff and budgeted funds; shall undertake such additional inspections as may be necessary to the performance of his or her duties hereunder; shall receive from any person complaints alleging with particularity a violation of this title; and when appropriate shall cause such investigations and inspections as may be warranted by such complaints to be made. Upon finding the existence of any violation of this title, the building superintendent shall take or direct all actions necessary and appropriate to abate and redress such violation.

(L)

Reports. The building superintendent, as may from time to time be appropriate, shall prepare and submit a report to the board of trustees, the zoning board of appeals, the plan commission, and the architectural board concerning the administration of the land use and development regulations of the village, setting forth such information and statistical data as may be of interest and value in advancing and furthering the goals and purposes of such regulations, and setting forth the building superintendent's recommendations for the improvement of such regulations and their administration.

(Ord. No. 2007-O-04, 4-24-2007)

(A)

Creation; Membership. The zoning board of appeals shall be as established in section 2-7-1 of this code.

(B)

Meetings; Hearings; Procedures. Regular meetings of the zoning board of appeals shall be held at the call of the chairperson or as provided by rule of the board of appeals. Special meetings shall be called at the request of the chairperson or of any two members of the board of appeals or of the board of trustees.

All meetings, hearings, and deliberations of the board of appeals shall be open to the public except when closed pursuant to the provisions of the Illinois Open Meetings Act.

All testimony at any hearing of the board of appeals shall be given under oath.

The board of appeals may adopt its own rules of procedure for the conduct of its business as it, from time to time, deems proper and necessary. Such rules shall be filed with the village clerk. Any rule so adopted that relates solely to the conduct of the board of appeals' hearing and that is not mandated by this title or the statutes of the state of Illinois, may be waived by the chairperson upon good cause being shown.

(C)

Record. The transcript of testimony, if any; the minutes of the zoning board of appeals; all applications, requests, exhibits, and papers filed in any proceeding before the zoning board of appeals; and the decision of the board of appeals shall constitute the record.

(D)

Decisions and Recommendations. Every decision and recommendation of the zoning board of appeals upon an application filed pursuant to this title shall include findings of fact; shall refer to all the pertinent evidence in the record and to the exhibits, plans or specifications upon which such decision or recommendation is based; shall specify the reason or reasons for such decision or recommendation; shall contain a conclusion or statement separate from the findings of fact setting forth the specific decision or recommendation; and shall expressly set forth any limitations or conditions relative to such decision or recommendation.

The board of appeals may take final action on any decision pertaining to an application pending before it prior to the preparation of written findings, but in such event it shall, before taking such action, first state its findings and conclusions as above required at a meeting open to the public. The board of appeals' decision or recommendation shall be deemed made as of the date of the taking of such final action.

In any case where this title provides that the failure of the board of appeals to act within a fixed period shall be deemed to be a denial, or recommendation of denial, of an application, such failure shall, notwithstanding the absence of required findings and conclusions, be considered to be a decision of the board of appeals rendered on the day following the expiration of such fixed period.

The decisions of the board of appeals on appeals from orders, decisions or determinations of the building superintendent shall be final administrative determinations subject to review as may be provided by law. The recommendations of the board of appeals on applications for variations and other matters shall not be binding on the board of trustees but shall be advisory only.

As to other matters brought before the zoning board of appeals, the board of appeals shall prepare such report as it shall deem appropriate to the subject matter.

(E)

Conflicts. No member of the zoning board of appeals shall participate in the hearing or disposition of any matter in which that member has an interest as such term is defined in the Illinois Municipal Code. Any conflict of interest prohibited by the Illinois Municipal Code shall disqualify a member.

(F)

Jurisdiction and Authority. The zoning board of appeals shall have the following jurisdiction and authority:

1.

Subject to the provisions of section 5-11-14 of this chapter, to hear and decide appeals from, and to review orders, decisions, or determinations made by the building superintendent and to that end have the powers of the building superintendent with respect to such order, decision, or determination.

2.

Subject to the provisions and standards of section 5-11-15 of this chapter, to hear, review, and offer its recommendations to the board of trustees on applications for variations.

3.

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

(Ord. No. 2007-O-04, 4-24-2007)

(A)

Creation; Membership. The plan commission shall be as established in section 2-4-1 of this code.

(B)

Meetings; Hearings; Procedures. Regular meetings of the plan commission shall be held at the call of the chairperson or as provided by rule of the plan commission. Special meetings shall be called at the request of the chairperson or of any two members of the plan commission or of the board of trustees.

All meetings, hearings, and deliberations of the plan commission shall be open to the public except when closed pursuant to the provisions of the Illinois Open Meetings Act.

All testimony at any hearing of the plan commission shall be given under oath.

The plan commission may adopt its own rules of procedure for the conduct of its business as it, from time to time, deems proper and necessary. Such rules shall be filed with the village clerk. Any rule so adopted that relates solely to the conduct of the plan commission's meetings or hearings and that is not mandated by this title or the statutes of the state of Illinois, may be waived by the chairperson upon good cause being shown.

(C)

Record. The transcript of testimony, if any; the minutes of the plan commission; all applications, requests, exhibits, and papers filed in any proceeding before the plan commission; and the decision of the plan commission shall constitute the record.

(D)

Decisions and Recommendations. Every decision and recommendation of the plan commission upon an application filed pursuant to this title shall include findings of fact; shall refer to all the pertinent evidence in the record and to the exhibits, plans, or specifications upon which such decision or recommendation is based; shall specify the reason or reasons for such decision or recommendation; shall contain a conclusion or statement separate from the findings of fact setting forth the specific decision or recommendation; and shall expressly set forth any limitations or conditions relative to such decision or recommendation.

The plan commission may take final action on any recommendation or decision pertaining to an application pending before it prior to the preparation of written findings, but in such event it shall, before taking such action, first state its findings and conclusions as above required at a meeting open to the public. The plan commission's decision or recommendation shall be deemed made as of the date of the taking of such final action.

In any case where this title provides that the failure of the plan commission to act within a fixed period shall be deemed approval or recommendation for approval of an application, such failure shall, notwithstanding the absence of required findings and conclusions, be considered to be a decision of the plan commission rendered on the day following the expiration of such fixed period.

As to other matters brought before the plan commission, the plan commission shall prepare such report as it shall deem appropriate to the subject matter.

(E)

Conflicts. No member of the plan commission shall participate in the hearing or disposition of any matter in which that member has an interest as that term is defined in the Illinois Municipal Code. Any conflict of interest prohibited by the Illinois Municipal Code shall disqualify a member.

(F)

Jurisdiction and Authority. in addition to the jurisdiction conferred on it by the state statutes and other codes and ordinances of the village, the plan commission shall have the following jurisdiction and authority:

1.

Subject to the provisions of this chapter, to prepare and recommend a comprehensive plan, including an official map, to the board of trustees, which, upon its adoption by the board of trustees, shall be known as the "official comprehensive plan" of the village of Long Grove.

2.

Subject to the provisions of this chapter, to review, prepare, and recommend to the board of trustees changes in and amendments to the official comprehensive plan, including the official map.

3.

Subject to the provisions of section 5-11-16 of this chapter, to initiate, hear, review, and offer its recommendations to the board of trustees on applications for amendments to this title.

4.

Subject to the provisions and standards of section 5-11-17 of this chapter, to hear, review, and offer its recommendations to the board of trustees on applications for special use permits.

5.

Subject to the provisions and standards of section 5-11-18 of this chapter, to hear, review, and offer its recommendations to the board of trustees on applications for planned unit development approval.

6.

To review and report on any matters referred to it by the board of trustees or the building superintendent.

7.

To initiate, direct, and review, from time to time, studies of the provisions of this title and to make reports of its recommendations to the village board once each year.

(Ord. No. 2007-O-04, 4-24-2007)

(A)

Creation; Membership. The architectural board shall be as established in section 2-3-2 of this code.

(B)

Meetings; Hearings; Procedures. Regular meetings of the architectural board shall be held at the call of the chairperson and at such other times as the architectural board mission shall determine. Special meetings shall be called at the request of the chairperson or any two members of the architectural board or the board of trustees.

All meetings, hearings, and deliberations of the architectural board shall be open to the public except when closed pursuant to the provisions of the Illinois Open Meeting Act.

All testimony at any hearing of the architectural board shall be given under oath.

The architectural board may adopt its own rules of procedure for the conduct of its business not inconsistent with this title or with the statutes of the state of Illinois. Such rules shall be filed with the village clerk. Any rule so adopted that relates solely to the conduct of the architectural board's hearing and that is not mandated by this title or the statutes of the state of Illinois may be waived by the chairperson upon good cause being shown. in the absence of any adopted rules, the architectural board shall conduct its business, as nearly as practicable, in accordance with "Robert's Rules of Order".

(C)

Record. The transcript of testimony, if any; the minutes of the architectural board; all applications, requests, exhibits, and papers filed in any proceeding before the board; and the decision of the architectural board shall constitute the record.

(D)

Decisions. Every decision of the architectural board shall include findings of fact, shall refer to the evidence in the record upon which such decision is based, shall specify the reason or reasons for such decision; and shall expressly set forth any limitations or conditions imposed upon any approval granted.

The architectural board may take final action on any application pending before it prior to the preparation of written findings, but in such event it shall, before taking such action, first state its findings and decision as above required at a meeting open to the public. The architectural board's decision shall be deemed made as of the date of the taking of such final action.

In any case where this title provides that failure of the architectural board to act within a fixed period shall be deemed approval of an application, such failure shall, notwithstanding the absence of required findings and conclusions, be considered to be a decision of the architectural board rendered on the day following the expiration of such fixed period.

(E)

Conflicts. No member of the architectural board shall participate in any hearing on an application in which that member has an interest as that term is defined in the Illinois Municipal Code. Any conflict of interest prohibited by the Illinois Municipal Code shall disqualify a member.

(F)

Jurisdiction and Authority. The architectural board shall have the following jurisdiction and authority:

1.

Subject to the provisions of section 5-11-19 of this chapter, to hear, review, and decide applications for architectural review approval.

2.

The architectural commission shall review all applications for building permits for new construction and/or major remodeling or improvements to existing structures within the B1 zoning district (historic business district). Minor exterior alterations and remodeling involving materials which substantially match, duplicate, or mirror existing building materials in terms of architectural style, form, and character may be allowed subject to administrative review and approval by the village manager, or the manager's designee. The architectural commission shall provide guidance and guidelines to the village manager for administrative review of applications for such minor exterior alterations and remodeling. Village architectural commission review and approval shall be required in the event that the village manager, or the manager's designee deems any proposed modification or construction to be inconsistent with the architectural style, character, and/or form of the structure or to be a major remodeling or improvement, as defined in subsection (G) of this section, as a result of the administrative review process.

3.

To review those other matters which are delegated to it by the terms of this title including, but not limited to, applications for sign permits, as set forth in section 5-11-20 of this chapter; applications for building permits for residential uses in the B1 district, as set forth in subsection 5-4-2(A)53 of this title; all architectural plans for construction within the B1, B2, HR, O and OR districts, as set forth in subsection 5-11-19(C) of this chapter; and in all other instances as required by this title as or hereafter required by this title.

4.

To make recommendations to the village president and board of trustees as to any changes necessary to improve regulations concerning architecture and the architecture review procedure.

(G)

For purposes of this section, the following terms shall have the following meanings:

Major remodeling or improvements. Any reconstruction, rehabilitations, addition, enlargement, expansion, or other significant alteration to an existing structure, including exterior alterations which significantly alter the architectural style, outward appearance, and/or character and integrity of the structure, and any other construction or alteration that requires a building permit and is not a minor exterior alteration, as defined herein.

Minor exterior alteration. The repair or replacement, in a previously completed structure, of surfaces and materials or structural maintenance in a "like for like" manner, which utilizes materials or finishes that do not represent a new or significant alteration of the floor area, architectural style, outward appearance and character, or integrity of the structure.

New construction. The preparation of a site for, and construction of, entirely new structures and/or significant extensions, enlargements, alterations, or additions to existing structures whether or not the site was previously built upon or occupied.

(Ord. No. 2007-O-04, 4-24-2007; Ord. No. 2014-O-19, 9-22-2014)

(Ord. No. 2007-O-04, 4-24-2007)

(A)

Authority. The plan commission shall have authority to prepare and recommend to the board of trustees a comprehensive plan of the village and the unincorporated areas surrounding the village and from time to time to prepare and recommend amendments thereto, any or all of which the board of trustees may adopt as the "official comprehensive plan of the village of Long Grove", all in accordance with the procedures set out in this section.

(B)

Definition. The "official comprehensive plan" shall be defined as a compilation of policy statements; goals; standards; maps; recommended planning, regulatory, fiscal, and public works programs; pertinent data relative to the past, present, and future trends of the village with respect to its population, housing, economic, social, and environmental development patterns and its land, water, and natural resources and use and its transportation facilities, public facilities, and utilities; and any other matter relative to the present and future patterns of life within the village or within the unincorporated areas lying within 1½ miles of its boundaries as they may from time to time exist, prepared and recommended by the plan commission with the advice and assistance of the building superintendent and adopted by the board of trustees by ordinance duly enacted, together with such amendments thereto as may be adopted from time to time. The term "official comprehensive plan" also shall refer to any internally consistent and complete portion of such a compilation relating to any one or more of the aforesaid subjects or to any specific portion of the aforesaid geographical area. as of the effective date of this title, the term "official comprehensive plan" shall be understood to mean the Long Grove comprehensive plan, as codified in title 13 of this code.

(C)

Purpose. The official comprehensive plan shall be considered an official statement of the policy of the village with respect to the existing and developing character of the various areas of the village and its vicinity; the proper objectives, standards, and direction for future maintenance, growth, development, and redevelopment of the village; the means to be employed to protect existing character or development and to encourage future development that will be in the best interests of the village; and the actions and programs to be undertaken by the village with respect to its future maintenance and development.

(D)

Effect. After the adoption of the official comprehensive plan or a part thereof, no ordinance, regulation, or official map relating to the physical maintenance, development, or redevelopment of the village or any land within it shall be enacted, established, amended, or varied and no right-of-way, street, utility, or public structure or land shall be authorized, established, developed, redeveloped, or modified in location or extent except in accordance with the policies, goals, objectives, principles, and standards of the official comprehensive plan or relevant part thereof unless the board of trustees shall first make a specific finding that the facts and circumstances affecting the particular matter justify a departure from the official comprehensive plan.

(E)

Procedures.

1.

Plan Development. The plan commission, with the assistance of the building superintendent, shall exercise the powers and duties delegated to it by section 5-11-3 of this chapter in the continuing development and revision of the official comprehensive plan. The process of plan development is necessarily an informal one not readily adaptable to rigid procedures, but the plan commission and the building superintendent, in developing a plan, shall make all reasonable efforts to obtain the views, comments, and criticisms of interested persons. in addition, the plan commission, prior to making any recommendation for the adoption or amendment of a plan or part thereof to the board of trustees, shall set, notice, and conduct a public hearing thereon in accordance with the provisions of section 5-11-10 of this chapter.

The board of trustees may, at any time, refer a plan to the plan commission for consideration and recommendation. in the case of such referral, the plan commission shall return its recommendation to the board of trustees not later than 90 days following the receipt of the referral. in the event such recommendation is not so delivered, the board of trustees may proceed to consider the plan without such recommendation.

When satisfied that a plan or a part thereof is adequate for adoption or an amendment of the official comprehensive plan of the village or a part thereof, the plan commission shall transmit such plan or part thereof to the board of trustees together with its recommendations for adoption of such plan as well as any reports or statements deemed necessary to a full consideration of such plan or part thereof. Such reports or statements may include majority and minority positions. Such transmittal shall be made not later than 15 days following the close of the public hearing concerning such plan.

2.

Plan Adoption. Upon receiving any recommendation of the plan commission with respect to the adoption or amendment of any plan or a part thereof, the board of trustees, by ordinance duly enacted, may adopt such plan in whole or in part, with or without amendments; or may refer such plan or any part thereof back to the plan commission for further consideration; or may reject such plan. The board of trustees shall take such action not later than 90 days following the close of the plan commission public hearing on such plan. The failure of the board of trustees to act within such period shall be deemed to be a rejection of the plan. Upon the adoption of any such plan or part thereof, it shall be designated as the "official comprehensive plan of the village of Long Grove" and, if less than a total comprehensive plan, shall carry a subheading designating its specific contents.

3.

Plan Amendment. The official comprehensive plan, or any part thereof, may be amended at any time in accordance with the provisions of this subsection (E)3. Such an amendment may be initiated by the board of trustees, the plan commission, the building superintendent, or by any owner of lots affected by the provisions of such plan sought to be amended. Amendments initiated by the board of trustees, the plan commission, or the building superintendent shall require no formal application and shall be processed as provided in subsections (E)1 and (E)2 of this section. Amendments initiated by the owner of affected lots shall be initiated by an application filed pursuant to section 5-11-16 of this chapter, except that the time limits specified in subsections (E)1 and (E)2 of this section shall apply.

4.

Plan Filing and Notice of Adoption. The ordinance adopting the official comprehensive plan, or any part thereof, shall provide that the building superintendent shall cause a certified copy thereof to be placed on file in the office of the village clerk and shall cause a notice evidencing the adoption of such plan, or part thereof, to be filed with the recorder of deeds of Lake County, Illinois.

(Ord. No. 2007-O-04, 4-24-2007)

(A)

Authority. The plan commission shall have authority to prepare and to recommend to the board of trustees an official map of the village and the unincorporated areas surrounding the village and from time to time to prepare and recommend amendments thereto, all of which the board of trustees may adopt as the "official map of the village of Long Grove".

(B)

Definition. The "official map" shall be defined as a compilation of maps, standards, and specifications of and for existing and proposed rights-of-way, streets, alleys, utility easements, public grounds, and public utility systems within the village or within the unincorporated area lying within 1½ miles of its boundaries as they may from time to time exist, prepared and recommended by the plan commission with the advice and assistance of the building superintendent, and adopted by the board of trustees by ordinance duly enacted, together with such amendments thereto as may be adopted from time to time. The term "official map" also shall refer to any internally consistent and complete portion of such a compilation relating to any one or more of the aforesaid subjects or to any specific portion of the aforesaid geographical area.

The official map referred to in this section is the map authorized by section 11-12-6 et seq., of the Illinois Municipal Code, 65 ILCS 5/11-12-6 et seq.

(C)

Purpose. The official map is adopted to implement the official comprehensive plan, to assure the adequacy of the public facilities to which it relates, and to secure for the village the authority and benefits provided by state law in connection with such an official map.

(D)

Effect. The official map shall have the effect accorded to it by section 11-12-8 et seq., of the Illinois Municipal Code, 65 ILCS 5/11-12-8 et seq., and also shall have the effect accorded to the official comprehensive plan by subsection 5-11-6(D) of this chapter.

(E)

Procedures. The procedures for the development, adoption, amendment, and filing of the official map shall be the same as those provided in subsection 5-11-6(E) of this chapter with respect to the official comprehensive plan.

(Ord. No. 2007-O-04, 4-24-2007)

(A)

Place of Filing. All applications filed pursuant to this title shall be filed with the building superintendent or with such other village official or body as the building superintendent may by administrative order designate.

(B)

Form; Number; Scale. All applications filed pursuant to this title shall be on forms supplied by the village and shall be filed in such number of duplicate copies as the building superintendent may designate by administrative order. All plans filed as part of any application shall be dated, drawn at a recognized engineering, architectural, or planning scale, with a north arrow indicated where appropriate, sufficient to permit a clear and precise understanding of the contents of said plans and the proposal being made and shall be folded to a size no larger than 8½ inches × 14 inches).

(C)

Filing Deadlines.

1.

Applications. Applications requiring a public hearing or meeting shall be filed, in proper form and number and containing all required information, not later than 45 days preceding the requested hearing or meeting date. An application so filed will be scheduled on the requested date, or on the first available date thereafter open on the relevant agenda, on a first filed, first scheduled basis.

2.

Supplemental Data. Whenever supplemental data in connection with a previously filed application is required by the village or offered by the owner, it shall be submitted at least seven days prior to the date on which it is to be considered at a hearing or a meeting or acted upon in connection with such application. The filing of such data shall, in the discretion of the building superintendent and of the body hearing the application, be cause to delay a requested or scheduled hearing date.

(D)

Fees.

1.

Filing Fee. Every application filed pursuant to this title shall be accompanied by a nonrefundable filing fee in the amount set forth in section 12-1-2 of this code.

2.

Additional Application Fee. in addition, where the nature of the application requires the village 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 application or plans in connection with it or development pursuant to it, an additional application fee equal to the actual cost to the village of giving such notice or securing such services shall be charged to and paid by the owner.

3.

Escrow. for each application filed pursuant to this title, an application fee escrow account shall be established as provided below.

(a)

Initial Deposit. Every application filed pursuant to this title shall be accompanied by an initial deposit for purposes of paying additional application fees pursuant to subsection (D)2 of this section. The amount of such initial deposit shall be determined by the building superintendent and such initial deposit and any subsequent deposit shall be placed in an application fee escrow account. No interest shall be payable on any such escrow account.

(b)

Draws From Escrow. From the date of filing of any application, the village shall maintain an accurate record of the actual costs of processing and reviewing such application. The village shall, from time to time, draw funds from the escrow account established for such application to pay costs identified in subsection (D)2 of this section and shall transfer such funds to the appropriate village accounts. The village shall maintain an accurate record of all such draws.

(c)

Recoverable Costs. The costs incurred by the village in processing an application shall be deemed to consist of the following items of direct and indirect expense: legal publications; recording secretarial services; court reporter; document preparation and review; professional and technical consultant service; legal review, consultation, and advice; copy reproduction; document recordation; and inspection fees.

(d)

Additional Deposits. Should the village at any time determine that the escrow account established in connection with any application is, or is likely to become, insufficient to pay the actual costs of processing an application, the village shall inform the owner of that fact in writing and demand an additional deposit in an amount deemed to be sufficient to cover foreseeable additional costs. Unless and until such additional amount is deposited by the owner, the village may direct that processing of the application be suspended or terminated. Any such termination shall be deemed a withdrawal of the application by the owner.

(e)

Final Settlement. as soon as reasonably feasible following final action on an application, the village shall cause a final accounting to be made of the escrow deposits made in connection with such application and the actual costs of processing such application and shall make a final charge of such costs against such escrow deposit. A copy of the accounting shall be provided to the owner. If the amount in the escrow is insufficient to pay the total actual costs, a written demand for payment of the balance due shall be mailed to the owner. If any unused balance remains in the escrow account after paying the total actual costs, that amount shall be returned to the owner.

4.

Liability; Lien. The owner of the lot which is the subject of the application, and if different, the owner, shall be jointly and severally liable for the payment of all application fees. by signing the application, the owner shall be deemed to have agreed to pay such fees and to consent to the filing and foreclosure of a lien on the lot to ensure collection of any such fees, plus the costs of collection, which have not been paid within 30 days following the mailing of a written demand for such payment to the owner 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.

5.

Condition of Approvals and Permits. No application shall be considered complete unless and until all fees pursuant to this section have been paid. Every approval granted and every permit issued pursuant to this title, whether or not expressly so conditioned, shall be deemed to be conditioned upon payment of fees as required by this section.

6.

Time Periods. Where this title provides that the passage of time without decision or action shall be deemed an approval or recommendation for approval, all time periods shall be tolled during any period of nonpayment, but shall otherwise continue to run.

7.

Failure to Pay. The failure to fully pay any such fee when due shall be grounds for refusing to process an application and for denying or revoking any permit or approval sought or issued with respect to the land or development to which the unpaid fee relates.

8.

Waiver. The provisions of this section may be waived by the board of trustees for fees applicable to any application filed by any public body, or any agency deriving the majority of its revenues from taxes levied within the village, or any charitable or eleemosynary organization.

(E)

Minimum Data Requirements.

1.

All Applications. Every application submitted pursuant to this title shall contain at least the following information:

(a)

The owner's name and address and the owner's signed consent to the filing of the application. Full disclosure of the ownership of all legal and equitable interests in the lot is required.

(b)

The lot owner's name and address, if different from the owner, and his or her interest in the lot.

(c)

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

(d)

The name and address and the nature and extent of any economic or family interest of any officer or employee of the village in the owner, the lot owner, or lot.

(e)

The addresses and legal description of the lot.

(f)

Descriptions or graphic representations of the proposal for which approval is being sought and of the existing zoning classification, use, and development of the lot and the adjacent area for at least 250 feet in all directions from the lot. The scope and detail of such description shall be appropriate to the subject matter of the application, with special emphasis on those matters likely to be affected or impacted by the approval being sought in the application.

2.

Applications for Zoning Compliance and Occupancy Certificates. Every application filed pursuant to section 5-11-11 or 5-11-12 of this chapter shall, in addition to the data and information required pursuant to subsection (E)1 of this section, provide the following information when applicable to the use or development for which approval is being sought:

(a)

A description or graphic representation of any development or construction that will occur or any use that will be established or maintained if the requested relief is granted.

(b)

A table showing the following, if applicable:

(1)

The total lot area of the lot, in acres and in square feet; and

(2)

The total existing and proposed lot area, expressed in acres, in square feet and as a percent of the total development area, devoted to: residential uses, business uses; office uses; college uses; institutional uses; open space; rights-of-way; streets; and off-street parking and loading areas; and

(3)

The existing and proposed number of dwelling units; and gross and net floor area devoted to residential uses, business uses, office uses, college uses, and institutional uses.

(c)

A table listing all bulk, space, and yard requirements; all parking requirements; and all loading requirements applicable to any proposed development or construction and showing the compliance of such proposed development or construction with each such requirement; provided however, that no such table is required for applications for sign permits. When any lack of compliance is shown, the reason therefor shall be stated and an explanation of the village's authority, if any, to approve the application despite such lack of compliance shall be set forth.

(d)

The certificate of a registered architect or civil engineer licensed by the state of Illinois, or of an owner-designer, that any proposed use, construction, or development complies with all provisions of this title and other village ordinances or complies with such provisions except in the manner and to the extent specifically set forth in said certificate.

(e)

A landscape development plan, including the location, size and species of plant materials.

3.

Applications for Code Interpretations. Every application filed pursuant to section 5-11-13 of this chapter shall, in addition to the data and information required pursuant to subsection (E)1 of this section and, where relevant, subsection (E)2 of this section, provide the following information:

(a)

The specific provision or provisions of this title for which an interpretation is sought.

(b)

The facts of the specific situation giving rise to the request for an interpretation.

(c)

The precise interpretation claimed by the application to be correct.

(d)

When a use interpretation is sought, the use permitted pursuant to the present zoning classification of the lot that is claimed by the owner to include, or to be most similar to, the proposed use.

(e)

When a use interpretation is sought, documents, statements, and other evidence demonstrating that the proposed use will comply with all use limitations established for the district in which it is proposed to be located.

4.

Applications for Appeals to Zoning Board of Appeals. Every application filed pursuant to section 5-11-14 of this chapter shall, in addition to the data and information required pursuant to subsections (E)1 and (E)2 of this section, provide the following information:

(a)

The specific order, decision, determination, or failure to act from which an appeal is sought.

(b)

The facts of the specific situation giving rise to the original order, decision, determination, or failure to act and to the appeal therefrom.

(c)

The precise relief sought.

(d)

A statement of the owner's position as to alleged errors in the order, decision, determination, or failure to act being appealed and as to why the relief sought is justified and proper.

5.

Applications for Variations. Every application filed pursuant to section 5-11-15 of this chapter shall, in addition to the data and information required pursuant to subsections (E)1 and (E)2 of this section, provide the following information:

(a)

The specific feature or features of the proposed use, construction, or development that require a variation.

(b)

The specific provision of this title from which a variation is sought and the precise variation therefrom being sought.

(c)

A statement of the characteristics of the lot that prevent compliance with the said provisions of this title.

(d)

A statement of the minimum variation of the provisions of this title that would be necessary to permit the proposed use, construction, or development.

(e)

A statement of how the variation sought satisfies the standards set forth in section 5-11-15 of this chapter.

(f)

A survey, certified by a registered land surveyor, showing existing lot lines and dimensions, lot area, all easements, all public and private rights-of-way, and all streets across and adjacent to the lot.

(g)

A statement concerning the conformity or lack of conformity of the approval being requested to the official comprehensive plan and the official map of the village. When the approval being requested does not conform to the official comprehensive plan or the official map, reasons justifying the approval despite such lack of conformity shall be stated.

6.

Applications for Official Comprehensive Plan Text or Zoning Code Text Amendments. Every application filed pursuant to section 5-11-16 of this chapter requesting an amendment to the text of either the official comprehensive plan or this title shall, in addition to the data and information required pursuant to subsection (E)1 of this section and, where relevant, subsection (E)2 of this section, provide the following information:

(a)

The exact wording of the proposed text amendment.

(b)

A statement of the need and justification for the proposed text amendment.

(c)

In the case of applications for amendments to the text of this title, a statement concerning the conformity or lack of conformity of the approval being requested to the official comprehensive plan and the official map of the village. When the approval being requested does not conform to the official comprehensive plan or the official map, reasons justifying the approval despite such lack of conformity shall be stated.

7.

Applications for Special Use Permits. Every application filed pursuant to section 5-11-17 of this chapter shall, in addition to the data and information required pursuant to subsections (E)1 and (E)2 of this section, be accompanied by a written statement of the need for the special use and shall provide the following information:

(a)

A survey, certified by a registered land surveyor, showing existing lot lines and dimensions, lot area, all easements, all public and private rights-of-way, and all streets across and adjacent to the lot.

(b)

A statement concerning the conformity or lack of conformity of the approval being requested to the official comprehensive plan and the official map of the village. When the approval being requested does not conform to the official comprehensive plan or the official map, reasons justifying the approval despite such lack of conformity shall be stated.

8.

Applications for Official Comprehensive Plan Map or Zoning Map Amendments. Every application filed pursuant to section 5-11-16 of this chapter requesting an amendment to the official comprehensive plan map or the zoning map shall, in addition to the data and information required pursuant to subsection (E)1 of this section and, where relevant, subsection (E)2 of this section, provide a statement of the need and justification for the proposed comprehensive plan map or zoning map amendment. Said statement shall address at least the following factors:

(a)

The existing uses and zoning classification for properties in the vicinity of the lot.

(b)

The trend of development in the vicinity of the lot, including changes, if any, in such trend since the lot was placed in its present plan designation or zoning classification.

(c)

The extent, if any, to which the value of the lot is diminished by the existing plan designation or zoning classification applicable to it.

(d)

The extent to which any such diminution in value is offset by an increase in the public health, safety, and welfare.

(e)

The extent, if any, to which the use and enjoyment of adjacent properties would be affected by the proposed amendment.

(f)

The extent, if any, to which the value of adjacent properties would be affected by the proposed amendment.

(g)

The extent, if any, to which the future orderly development of adjacent properties would be affected by the proposed amendment.

(h)

The suitability of the lot for uses permitted or permissible under its present plan designation and zoning classification.

(i)

The availability of adequate ingress to and egress from the lot and the extent to which traffic conditions in the immediate vicinity of the lot would be affected by the proposed amendment.

(j)

The availability of adequate utilities and essential public services to the lot to accommodate the uses permitted or permissible under its present plan designation and zoning classification.

(k)

The length of time, if any, that the lot has been vacant, considered in the context of the pace of development in the vicinity of the lot.

(l)

The community need for the proposed map amendment and for the uses and development it would allow.

9.

Applications for Planned Unit Development Preliminary Plat Approval. Every application filed pursuant to section 5-11-18 of this chapter shall, in addition to the data and information required pursuant to subsections (E)1 and (E)2 of this section, provide at least ten sets of plans and documents of the following:

(a)

Detailed Plan. A drawing of the planned unit development shall be prepared at a scale of not less than one inch equals 100 feet and shall show such designations as proposed streets (public and private), all buildings and their use, common open space, recreation facilities, parking areas, service areas and other facilities to indicate the character of the proposed development. The submission may be composed of one or more sheets and drawings and shall include:

(1)

Boundary Lines. Bearings and distances.

(2)

Easements. Location, width and purpose.

(3)

Streets on and Adjacent to the Tract. Street name, right-of-way width, existing or proposed centerline elevations, pavement type, walks, curbs, gutters, culverts, etc.

(4)

Utilities on and Adjacent to the Tract. Location, size and invert elevation of sanitary, storm and combined sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines and streetlights; direction and distance to and size of nearest water mains and sewers adjacent to the tract showing invert elevation of sewers.

(5)

Ground Elevations on the Tract. for land that slopes less than 0.5 percent, show one-foot contours, show spot elevations at all breaks in grades, along all drainage channels or swales and at selected points not more than 100 feet apart in all directions. for land that slopes more than 0.5 percent show two-foot contours.

(6)

Subsurface Conditions on the Tract, if Required by the Plan Commission. Location and results of tests made to ascertain subsurface soil, rock and ground water conditions; depth to ground water unless test pits are dry at a depth of five feet; location and results of soil percolation tests if individual sewage disposal systems are proposed.

(7)

Other Conditions on The Tract. Watercourses, floodplains, marshes, rock outcrop, wooded areas, isolated preservable trees one foot or more in diameter, houses, barns, accessory buildings and other significant features.

(8)

Other Conditions on Adjacent Land. Approximate direction and gradient of ground slope, including any embankments or retaining walls; character and location of buildings, railroads, power lines, towers and other nearby nonresidential land uses or adverse influences; owners of adjacent platted land; for the adjacent platted land refer to subdivision plat by name, recording date and number and show approximate percent built up, typical lot size and dwelling type.

(9)

Zoning on and Adjacent to the Tract. Zoning on and adjacent to the tract.

(10)

Proposed Public Improvements. Highways or other major improvements planned by public authorities for future construction on or near the tract.

(11)

Open Space. All lots intended to be dedicated for public use or reserved for the use of all lot owners with the purpose indicated.

(12)

General Location, Purpose and Height. General location, purpose and height, in feet and stories, of each building other than detached single-family dwellings on individually platted lots.

(13)

Map Data. Name of development, north point and scale, date of preparation and acreage of site.

(14)

Water Facilities. The preliminary plat shall have depicted on its face all lakes, ponds, detention sites, retention sites and dams. This includes existing lakes, ponds, detention sites, retention sites and dams or proposed lakes, ponds, detention sites, retention sites or dams. If the water facility is proposed, the preliminary plat shall be accompanied by preliminary engineering plans, including the depth, capacity and relation of the water facility to proposed storm drain facilities.

(15)

Miscellaneous. Such additional information as may be required by the plan commission.

(b)

Character. Explanation of the character of the planned development and the manner in which it has been planned to take advantage of the flexibility of these regulations.

(c)

Ownership. Statement of present and proposed ownership of all land within the project, including present tract designation according to official records in offices of the county recorder.

(d)

Names. The names and addresses of the persons to whom the notice of the hearing to be held by the planning agency are to be sent shall be provided by the subdivider by affidavit and shall include all owners of lots situated within 250 feet of the lot for which plat approval is sought.

(e)

Schedule. Development schedule indicating:

(1)

Stages in which project will be built with emphasis on area, density, use and public facilities such as open space to be developed with each stage. Overall design of each stage shall be shown on the plat and through supporting graphic material.

(2)

Approximate dates for beginning and completion of each stage.

(3)

If different land use types are to be included within the planned unit development, the schedule must include the mix of uses to be built in each stage.

(f)

Covenants. Proposed agreements, provisions or covenants which will govern the use, maintenance and continued protection of the planned development and any of its common open space.

(g)

Density. Provide information on the density of residential uses and the number of dwelling units by type.

(h)

Nonresidential Uses. Provide information on the type and amount of ancillary and nonresidential uses in a residential development.

(i)

Service Facilities. Provide information on all service facilities and off-street parking facilities.

(j)

Architectural Plans. Preliminary architectural plans for all primary buildings shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the building and the number, size and type of dwelling units.

(k)

Facilities Plans. Preliminary plans for:

(1)

Roads including classification, width or right-of-way, width of pavement and typical construction details.

(2)

Sanitary sewers.

(3)

Storm drainage.

(4)

Water supply system.

(5)

Lighting program.

(l)

Traffic Mitigation.

(1)

All new developments of 100 or more dwelling units, or, in the case of nonresidential development, one which will have 100 or more occupants shall be required to provide a traffic study, prepared by a qualified traffic engineer, to establish trips generated, necessary road and other improvements, and other reasonably necessary information relating to traffic impact of the development on village, county or state roads.

(2)

All developments which will have 100 or more occupants shall be required to provide an employee traffic mitigation plan. The plan will establish specific actions by the owner to limit peak hour vehicular traffic generated by the development. These actions might include staggered work hours, ridesharing, vanpools, rideshare or transit promotion, transit stop or van service to rail stops, full service cafeteria, or preferential parking plan.

10.

Applications for Planned Unit Development Final Plat Approval. Every application filed pursuant to section 5-11-18 of this chapter shall, in addition to the data and information required pursuant to subsections (E)1 and (E)2 of this section, provide the following information:

(a)

Final Plat. A final land use and zoning plat, suitable for recording with the county recorder of deeds shall be prepared. The purpose of the land use and zoning plat is to designate with particularity the land subdivided into conventional lots as well as the division of other land not so treated into common open areas and building areas. The final land use and zoning plat shall include, but not be limited to:

(1)

Legal Description of Entire Area. An accurate legal description of the entire area under immediate development within the planned development.

(2)

Subdivision Plat. A subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat.

(3)

Legal Description of Unsubdivided Use Area. An accurate legal description of each separate unsubdivided use area, including common open space.

(4)

Location of All Buildings to Be Constructed. Designation of the exact location of all buildings to be constructed.

(5)

Certificates, Seals and Signatures. Certificates, seals and signatures required for the dedication of lands and recording the document.

(6)

Tabulations on Separate Unsubdivided Use Area. Tabulations on separate unsubdivided use area, including land area, number of buildings, number of dwelling units and dwelling units per acre.

(7)

Water Facilities. The location of all lakes, ponds, detention sites, retention sites and dams shall be depicted and accurately located on the final plat.

(b)

Public Open Space Documents. All common open space shall be either conveyed to a municipal or public corporation, conveyed to a not for profit corporation or entity established for the purpose of benefiting the owners and residents of the planned development or retained by the developer with legally binding guarantees, in a form approved by the village attorney, that the common open space will be permanently preserved as open area. All land conveyed to a not for profit corporation or like entity shall be subject to the right of said corporation to impose a legally enforceable lien for maintenance and improvement of the common open space.

(c)

Public Facilities. The construction of all public facilities and improvements made necessary as a result of the planned unit development shall either be completed prior to final plat approval, or be guaranteed by a security deposit. Security deposits shall be governed by the provisions of section 12-1-3 of this code.

(d)

Security Deposit. The satisfactory installation of the facilities required to be constructed within the planned unit development shall be guaranteed by a security deposit in an amount equal to 110 percent of the estimated cost of public facility installations. Security deposits shall be governed by the provisions of section 12-1-3 of this code, provided, however, that the balance of the security deposit shall not be returned after the completion of the public facility installations unless a guarantee security deposit in an amount of ten percent of the total cost of the required facilities is first delivered to the village. Such guarantee security deposit shall be maintained for a period of 24 months.

(e)

Delinquent Taxes. A certificate shall be furnished from the proper collector that all special assessments constituting a lien on the whole or any part of the lot of the planned unit development have been paid.

(f)

Covenants. Final agreements, provisions or covenants which will govern the use, maintenance and continued protection of the planned unit development.

11.

Applications for Architectural Review Permits. Every application filed pursuant to section 5-11-19 of this chapter shall, in addition to the data and information required pursuant to subsections (E)1 and (E)2 of this section, provide the following information:

(a)

The present uses and zoning classifications of the lot.

(b)

An application for a certificate of zoning compliance.

(c)

Detailed plans depicting all work proposed to be done, including detailed renderings of any exterior alterations and of the exterior of any proposed new building. Such rendering shall include, without limitation, proposed exterior colors, textures, and materials. Applications for any: 1) proposed new residential or commercial structure; 2) addition in excess of 120 square feet; and 3) accessory structure in excess of 120 square feet shall also include scaled, color elevations of the proposed structure. Additionally, any application for a new residential structure shall also provide color perspectives of the proposed residential structure depicting the structure's relationship to neighboring structures and to the overall site.

(d)

A statement of how the work proposed to be done advances the purposes and goals set forth in section 5-11-19 of this chapter, and of how such work achieves or preserves the standards and considerations of section 5-11-19 of this chapter.

(e)

A statement of what disadvantage, if any, the owner will suffer if the work proposed to be done is not allowed.

(f)

In any case where a special use permit or a variation has been issued in connection with the proposed work, a copy of such special use permit or variation.

In addition, owners may be required to submit samples of exterior materials proposed to be used upon request of the Architectural Board.

12.

Applications for Sign Permits. Every application filed pursuant to section 5-11-20 of this chapter shall, in addition to the information required pursuant to subsection (E)1 of this section, provide the following information:

(a)

Name, address and telephone number of owner and lot owner(s).

(b)

Location of building, structure or zoning lot to which or upon which the sign is to be attached or erected.

(c)

Location of the sign in relation to nearby structures.

(d)

A full color and scale drawing showing the proposed sign or color photograph with appropriate scale including the height and size of the sign.

(e)

Name of person constructing and erecting the sign.

(f)

Written consent of the owner of the building, structure or zoning lot upon which the sign is to be attached or erected.

(g)

If required by the Building Superintendent, stress sheets and calculations demonstrating that the sign or associated structure is suitably designed to withstand dead load and wind pressure in any direction.

(h)

Such other information as the Village shall require to show full compliance with this title and all other applicable ordinances of the Village.

13.

Applications for Exterior Lighting Permits. Every application filed pursuant to section 5-11-21 of this chapter shall, in addition to the information required pursuant to subsection (E)1 of this section, provide the following information:

(a)

A drawing of the site with the location of all proposed fixtures depicted thereon.

(b)

Statements of the use intended, the type of light source, a representation of the actual fixture (drawing), fixture height, source brightness in watts, and sufficient information to determine the amount of illumination which would shine on adjacent lots.

(c)

Such other information as the Village shall require to show full compliance with this title and all other applicable ordinances of the Village.

14.

Reserved.

15.

Applications for Solar Energy Systems (SES).

(a)

Generally Applicable Requirements.

(1)

The name, address, and telephone number of the person, firm, or corporation that will construct or install the proposed SES.

(2)

Elevation drawings and/or photographs, and a site plan, depicting the location, size, and design details of all existing structures on the subject property and of the proposed SES, which materials shall set forth all applicable zoning compliance data.

(3)

The manufacturer's specifications of the solar collectors and other devices of the proposed system, including, without limitation, wattage capacity, the dimensions of the collectors, the mounting mechanisms, the foundation details, and the structural requirements for the SES and a copy of the directions issued by the manufacturer of the proposed SES for the proper installation, operation, and maintenance of the SES.

(4)

Plans and specifications showing the method of construction of the proposed system, including details regarding the support of the system and its attachment to any structure.

(5)

A copy of stress sheets and calculations prepared by a licensed professional engineer showing that the proposed system is designed for the deadload or windload, in the amount required by the manufacturer and all applicable law.

(6)

A line drawing of the electrical components, as supplied by the manufacturer, in sufficient detail to allow for a determination that the manner of installation conforms to this Code and other applicable law.

(7)

A certification of design compliance for the proposed SES with respect to the applicable noise, structural, and safety regulations set forth in the Village Code, which certification must have been obtained from Underwriters Laboratories (UL) or an equivalent independent testing agency approved by the Building Commission.

(8)

A signed indemnification agreement in accordance with Subsection 5-9-14(D) of this Code.

(9)

An executed maintenance covenant, on a form provided by the Village, providing that the owner and all subsequent owners of the subject property will maintain the SES in accordance and compliance with Section 5-9-14 of this Code and with the maintenance directions issued by the manufacturer of the SES.

(10)

Insurance. Proof of homeowner or business general liability insurance, as appropriate, with a minimum coverage level of $1,000,000.00 per occurrence.

(11)

Electric Utility. Approval letter from the local electric utility company, if the system is to be connected to the energy grid.

(b)

Environmental Impact Studies and Plans. Upon request of the Village, the applicant shall submit an environmental plan to mitigate or eliminate any adverse impact of the proposed SES on the local environment and local wildlife, which plan shall be subject to the approval of the Village in consultation with the Illinois Department of Natural Resources and the United States Fish and Wildlife Service.

16.

Applications for Geothermal Energy Systems (GES).

(a)

The name, address, and telephone number of the person, firm, or corporation that will construct or install the proposed GES.

(b)

A project summary and a site plan, which shall include, without limitation, information regarding the manufacturer of the system and the system specifications.

(c)

The location and size of existing waterways, wetlands, 100-year floodplains, sanitary sewers, field drain tiles, storm sewer systems, aquifers, and water distribution systems.

(d)

The location of any underground power lines and utility easements.

(e)

A signed indemnification agreement in accordance with Subsection 5-9-14(D) of this Code.

(f)

An executed maintenance covenant, on a form provided by the Village, providing that the owner and all subsequent owners of the subject property will maintain the GES in accordance and compliance with Section 5-9-14 of this Code and with the maintenance directions issued by the manufacturer of the GES.

(g)

Insurance. Proof of homeowner or business general liability insurance, as appropriate, with a minimum coverage level of $1,000,000.00 per occurrence.

(h)

Electric Utility. Approval letter from the local electric utility company, if the system is to be connected to the energy grid.

(F)

Special Data Requests. in addition to the data and information required pursuant to subsection (E) of this section, every owner shall submit such other and additional data, information, or documentation as the Building Superintendent or any board or commission before which its application is pending may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.

(G)

Waiver of Application Requirements. Notwithstanding any other provision of this section, the building superintendent shall have the authority to waive any requirement set forth in subsection (A), (B), (C), or (E) of this section when, in his or her judgment, such waiver is appropriate in light of the nature and extent of the relief being sought or in light of special circumstances making compliance with those provisions either unnecessary or unduly burdensome; provided, however, that any board or commission before which such application may come shall continue to have the right to request additional information pursuant to subsection (F) of this section and to delay processing of such application until such information is provided and available in accordance with the deadlines established in subsection (C) of this section. The building superintendent shall provide, in writing, his or her reasons why any such requirement has been waived, and shall refer such writing to the appropriate boards and commissions.

(H)

Concurrent Applications. When a proposed use or development requires more than one approval pursuant to this title, applications for all such approvals may be filed concurrently notwithstanding the fact that approval of one application may be a precondition to approval of other applications. Such applications may, in the discretion of the official, officials, body, or bodies charged with review of such applications be processed together; provided, however, that no application shall be approved unless all applications that are a precondition to its approval have first been approved.

(I)

Withdrawal of Application. An owner may withdraw an application at any time prior to a final decision having been rendered with respect thereto, provided that the owner shall have paid all applicable fees pursuant to this title. Such withdrawal shall be without prejudice to the owner's right to refile such application, but any such refiling shall be treated as an entirely new filing and shall be subject to the procedures and fees of this title in the same manner as any other new application.

(Ord. No. 2007-O-04, 4-24-2007; Ord. No. 2013-O-09, 5-28-2018; Ord. No. 2020-O-10, § 5, 6-23-2020)

(A)

Second Applications Without New Grounds Barred. Whenever any application filed pursuant to this title has been finally denied on its merits, a second application seeking essentially the same relief, whether or not in the same form or on the same theory, shall not be brought unless in the opinion of the officer, board, or commission before which it is brought there is substantial new evidence available or a mistake of law or fact significantly affected the prior denial.

(B)

New Grounds to Be Stated. Any such second application shall include a detailed statement of the grounds justifying consideration of such application.

(C)

Summary Denial With or Without Hearing. Any such second application may be denied by the building superintendent summarily, and without hearing, on a finding that no grounds appear that warrant a new hearing. in any case where such application is set for hearing, the owner shall be required to establish grounds warranting reconsideration of the merits of its application prior to being allowed to offer any evidence on the merits. Unless such grounds are established, the application may be summarily dismissed for such failure.

(D)

Exception. Whether or not new grounds are stated, any such second application filed more than two years after the final denial of a prior application shall be heard on the merits as though no prior application had been filed. The owner 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 new petition that did not exist at the time of the denial of the first application.

(Ord. No. 2007-O-04, 4-24-2007)

(A)

Setting Hearing or Meeting; Time Limitation. When the provisions of this title require a public hearing or public meeting in connection with any application filed pursuant to this title, the body charged with conducting the hearing or meeting shall, upon receipt of a properly completed application, fix a reasonable time and place for such hearing or meeting; provided, however, that such hearing or meeting shall be commenced no later than 60 days and shall be concluded no later than 180 days following such commencement following the submission of the subject application unless the owner shall agree to an extension or unless the hearing or meeting agenda of the body is completely committed during that time.

(B)

Notice.

1.

Building Superintendent to Give Notice. The building superintendent shall cause notice to be given of public hearings and public meetings set pursuant to subsection (A) of this section in the form and manner and to the persons herein specified.

2.

Content of Notice. All notices shall include the date, time and place of such hearing or meeting, a description of the matter to be heard or considered, a legal description of the lot or such other description intended to identify as fully as practicable the lot, and the address or particular location of the lot.

3.

Persons Entitled to Notice.

(a)

All Hearings and Meetings. Notice of every hearing or meeting set pursuant to subsection (A) of this section shall be given:

(1)

By mail or personal delivery to the owner and, if a specific lot is the subject of the application, to the owner of the lot.

(2)

By mail to any newspaper or person that shall have filed a written request, accompanied by an annual fee as established from time to time by the building superintendent to cover postage and handling, for notice of all hearings or meetings held pursuant to this title. Such written request shall automatically expire on December 31 of the year in which it is made unless a written request for renewal, accompanied by the annual fee, is submitted prior to such date.

(3)

By posting a sign on all frontages of the lot along a public right-of-way that is the subject matter of the public hearing. The village shall remove the sign at the conclusion of the public hearing.

Notice by mail as herein required shall be mailed no fewer than seven days in advance of the hearing or meeting date by regular United States mail.

(b)

Hearings on Amendments, Special Use Permits, and Variations. in addition to notice as required by subsection (B)3(a) of this section, notice of every hearing set pursuant to subsection (A) of this section in connection with any application for an amendment to this title or the zoning map, a special use permit, or a variation shall be given by publication in a newspaper with a general circulation within the village at least once no less than 15 days nor more than 30 days in advance of the hearing date.

(c)

Hearing on Official Comprehensive Plan. in addition to notice as required by subsection (B)3(a) of this section, notice of every hearing set pursuant to subsection (A) of this section in connection with the adoption or amendment of the official comprehensive plan shall be given by publication in a newspaper of general circulation in Lake County, Illinois at least 15 days before such hearing.

(d)

Hearing on Special Use Permits, Variations, and Planned Unit Developments. in addition to notice as required by subsection (B)3(a) of this section, notice of every hearing set pursuant to subsection (A) of this section in connection with any application for a special use permit, variation, or planned unit development shall be mailed to all lot owners within 250 feet of the lot that is the subject of the application at least 15 days before such hearing. The list of these lot owners shall be provided to the village by the owner by affidavit, which list shall contain the names of the last persons paying tax bills on the lot for the most recent tax year in which payment has been made.

(C)

Conduct of Hearings.

1.

Rights of All Persons. Any person may appear and testify at a public hearing, either in person or by a duly authorized agent or attorney, and may submit documentary evidence; provided, however, that the hearing body may exclude irrelevant, immaterial, or unduly repetitious evidence.

2.

Rights of Parties and Proximate Owners. Subject to the discretion of the hearing body, the owner, any board, commission, or official of the village, and any owner of lots within 250 feet of the subject lot may be allowed, in addition to the rights granted by subsection (C)1 of this section, any or all of the following rights:

(a)

To present witnesses on their behalf.

(b)

To cross examine all witnesses testifying in opposition to their position.

(c)

To examine and reproduce any documents produced at the hearing.

(d)

To have subpoenas issued by the body in charge of the hearing as may be provided by state law for persons to appear at the hearings and for examination of documents by the person requesting the subpoena either before or during the hearing, where such persons or documents are shown to have a substantial evidentiary connection with:

(1)

The lot to which the request applies; or

(2)

Facts that would support or negate the legal standards for granting the request.

(e)

To a continuance, upon request, for the purpose of presenting evidence to rebut evidence introduced by any other person.

In determining whether to grant or withhold such rights, the discretion of the hearing body shall be governed by the goal of securing all information and opinion relevant and material to its deliberations. Such rights shall not be granted, however, when undue and unwarranted delay would result, or when to do so would tend to produce no new evidence to aid the hearing body in reaching its decision.

3.

Adjournment of Hearing. The body conducting the hearing may at any time, on its own motion or at the request of any person, adjourn the hearing for a reasonable time and to a fixed date, time, and place, for the purpose of giving further notice, taking further evidence, gathering further information, deliberating further, or for such other reason as the hearing body may find to be sufficient. The staff secretary of the hearing body shall notify in writing all members of the hearing body, the owner and lot owner, and any other person designated on the vote of adjournment of the date, time, and place of the adjourned hearing.

4.

Testimony to Be Sworn. All testimony at any hearing held pursuant to the provisions of this title shall be given under oath.

5.

Right to Submit Written Statements. Any person may at any time prior to the commencement of a hearing hereunder, or during such hearing, or within such time as may be allowed by the hearing body following such hearing, submit written statements in support of or in opposition to the application being heard.

6.

Board or Commission Rules to Govern. All other matters pertaining to the conduct of hearings shall be governed by the provisions of this title pertaining to, and the rules promulgated by, the body conducting the hearing.

(D)

Prehearing and Premeeting Examination and Copying of Application and Other Documents. At any time following the giving of notice as required in subsection (B) of this section, and upon reasonable request, any person may examine the application and, subject to the exceptions set forth in the Illinois Freedom of Information Act, all other documents on file with the building superintendent pertaining to the matter subject to such notice. in addition, any person shall be entitled to copies of such application and documents upon reasonable request and payment of a fee as established from time to time by the building superintendent to cover the cost of such copies.

(Ord. No. 2007-O-04, 4-24-2007)

(A)

Authority. The building superintendent shall have authority to issue certificates of zoning compliance, but only in accordance with the provisions of this section.

(B)

Purpose. The certificate of zoning compliance is intended to serve two general purposes. First, it provides a procedure for reviewing plans for conformance with this title and a means for evidencing such conformance. Second, it serves as an adjunct to, and thus must be filed prior to or with, all other applications filed pursuant to this title with respect to a specific use or development proposal. When so filed, it serves as a vehicle for routine plan review by the building superintendent prior to consideration of special requests by other officials, boards, and commissions, thus avoiding needless special reviews of defective plans.

(C)

Certificate Required. Except where expressly waived by another provision of this title, unless a certificate of zoning compliance shall have first been obtained from the building superintendent:

1.

The construction, reconstruction, remodeling, alteration, or moving of any structure, except signs, shall not be commenced; and

2.

No land vacant on the effective date of this title shall be used or occupied for any purpose; and

3.

The grading, excavation, or improvement of land preliminary to any construction on or use of such land shall not be commenced; and

4.

Building or other permits pertaining to the construction, reconstruction, remodeling, alteration, or moving of any structure or the use of any land or structure shall not be issued by the village; and

5.

Except for changes involving only substitution of occupants in dwelling units, no use or occupancy of any land or structure shall be changed to any other use or occupancy, whether or not construction, reconstruction, remodeling, alteration or moving is involved; and

6.

No temporary use shall be established or maintained, except as provided in section 5-9-3 of this title; and

7.

No land shall be annexed to the village; and

8.

Building or other permits pertaining to the construction, placement, location, or alteration of a personal wireless services antenna or related facilities shall not be issued by the village.

In any case where a certificate of zoning compliance is not required under this title, the building superintendent shall, on written request, issue a certificate of such fact.

(D)

Relation to Other Applications. No permit pertaining to the use of land or buildings shall be issued unless the building superintendent is satisfied that the proposed use or development complies with the provisions of this title in all respects except those within the scope of such application.

(E)

Procedure.

1.

Application. Applications for a certificate of zoning compliance shall be filed in accordance with the requirements of section 5-11-8 of this chapter.

2.

Action on Application. Within 20 days following receipt of a completed application for a certificate of zoning compliance, the building superintendent shall cause the application and related submissions to be reviewed for compliance with this title and shall inform the owner whether the application has been granted or denied.

In any case where an application is denied, the building superintendent shall state the specific reasons therefor and shall cite the specific provisions of this title upon which such denial is based. If relief from such demand would be available pursuant to a companion application filed in connection with the application for a certificate of zoning compliance, the building superintendent shall so inform the owner and shall promptly process such companion application. If such application is approved, the building superintendent shall issue the requested certificate of zoning compliance in accordance with the terms and conditions of such approval.

If relief from the building superintendent's denial of a certificate of zoning compliance would be available by variation or special permit, but no application therefor has been filed, the building superintendent shall so state and shall refer the owner to the appropriate provisions of this title.

3.

Contents of Certificate. Each certificate of zoning compliance issued pursuant to this section shall state the specific use of the lot for which it is issued, shall identify the specific plans, if any, pursuant to which it is issued, and shall set forth any conditions imposed in connection with any approval granted pursuant to this title.

4.

Filing of Certificates. Every certificate issued pursuant to this section shall be kept on file in the office of the building superintendent and shall be a public record open to inspection in accordance with the provisions of the Illinois Freedom of Information Act.

(F)

Effect of Issuance of Certificate of Zoning Compliance. The issuance of a certificate of zoning compliance shall not authorize the establishment, expansion, or extension of any use nor the development, construction, relocation, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any additional permits and approvals that may be required by the codes and ordinances of the village, including, but not limited to, a building permit, a certificate of occupancy, and subdivision approval.

(G)

Limitations on Certificates. Subject to an extension of time granted by the building superintendent pursuant to section 5-11-1 of this chapter, a certificate of zoning compliance shall become null and void six months after the date on which it was issued unless within such period construction, reconstruction, remodeling, alteration, or moving of a structure is commenced or a use is commenced.

(H)

Void Certificates. Any certificate of zoning compliance issued in violation of the provisions of this title, whether intentionally, negligently, or innocently, shall be void ab initio and shall give rise to no rights whatsoever.

(Ord. No. 2007-O-04, 4-24-2007)

(A)

Authority. The building superintendent shall have authority to issue certificates of occupancy; provided, however, that no such certificate shall be issued except in accordance with the provisions of this section and the provisions of the Long Grove building code and other village ordinances governing development and related matters.

(B)

Purpose. for the purposes of this title, the certificate of occupancy provides a procedure for the inspection of completed premises to ensure their compliance with this title and approved plans prior to commencement of the use or occupancy of such premises.

(C)

Certificate Required. Unless a certificate of occupancy shall have first been obtained certifying compliance with the provisions of this title:

1.

No structure, or addition thereto, constructed, reconstructed, remodeled, altered, or moved after the effective date of this title shall be occupied or used for any purpose; and

2.

No land vacant as of the effective date of this title shall be used or occupied for any purpose; and

3.

No change of use shall be made in any building or part thereof now or hereafter erected or structurally altered that is not permitted by the provisions of this title. Nothing in this section shall prevent the continuance of the present occupancy or lawful use of any existing building, except as may be necessary for safety of life and property.

(D)

Procedure.

1.

Application. When no certificate of zoning compliance is required, applications for a certificate of occupancy shall be filed in accordance with the requirements of section 5-11-8 of this chapter not later than ten days after the completion of the construction or alteration of a building. When a certificate of zoning compliance has been issued, the application for that certificate shall also be treated as the application for a certificate of occupancy and shall be processed as such at such time as the owner notifies the building superintendent in writing that the subject structure or use is ready for a certificate of occupancy in accordance with the certificate of zoning compliance.

In any case where the structure or use involved has been constructed or established pursuant to any approval granted pursuant to this title, the application shall be accompanied by "as built" plans depicting the structure or use as built and bearing the certificate of a surveyor, engineer, architect, land planner, or owner-designer, as may be appropriate, certifying that the structure or use as built conforms in all respects to the approval granted.

2.

Action on Application. Within 14 days following the receipt of a completed application, the building superintendent shall cause the subject structure or premises to be inspected and shall take one of the following actions based on such inspection:

(a)

If all work has been completed and the structure and use thereof are in full and complete compliance with all applicable provisions of this title, other relevant codes and ordinances of the village, the owner's plans as approved, and any conditions attached to any approval issued pursuant to this title, the building superintendent shall issue a certificate of occupancy.

(b)

If, however, all work is not complete or is in any manner not in full compliance with all applicable requirements, the building superintendent shall deny the application and shall inform the owner in writing of the specific deficiencies on which such denial is based, citing the particular provisions of the codes and ordinances of the village or the particular items in the owner's plans or the applicable special approval conditions with respect to which compliance is lacking.

3.

Contents of Certificate. in addition to the matters required to be contained in a certificate of occupancy pursuant to any other applicable code or ordinance of the village, each certificate of occupancy issued pursuant to this section shall state the specific use of the lot for which it is issued, shall identify the specific plans, if any, pursuant to which it is issued, and shall set forth any conditions imposed in connection with any approval granted pursuant to this title.

4.

Filing of Certificates. Every certificate of occupancy issued pursuant to this section shall be kept on file in the office of the building superintendent and shall be a public record open to inspection pursuant to the provisions of the Illinois Freedom of Information Act.

(E)

Temporary Certificate of Occupancy. Notwithstanding the provisions of subsection (D)2 of this section, when construction, reconstruction, remodeling, or alteration of a structure does not require the vacating of the structure, or when parts of the structure are finished and ready for occupancy before the completion of such construction, reconstruction, remodeling, or alteration and are certified upon inspection to be safe for use or occupancy and to be in full compliance with all applicable provisions of this title, other relevant codes and ordinances of the village, the owner's plans as approved and any conditions attached to any approvals issued pursuant to this title with respect to such structure or its premises, a temporary certificate of occupancy may be issued for a period not to exceed six months from its date, which temporary certificate shall bear on its face, in bold type, a statement of its temporary nature.

(F)

Certificate of Occupancy for Existing Uses. The building superintendent may issue a certificate of occupancy certifying the lawful existence and use of any existing structure or use in the same manner, and subject to the same standards and limitations, as authorized by this section with respect to new structures and uses. Such certificate of occupancy shall be prima facie evidence of the facts contained in it with respect to any structure or use as of the date of its issue and remain effective for that purpose for so long as neither the use or structure nor the applicable provisions of this title are changed.

(G)

Void Certificates. Any certificate of occupancy issued in violation of the provisions of this title, whether intentionally, negligently, or innocently, shall be void ab initio and shall give rise to no rights whatsoever.

(Ord. No. 2007-O-04, 4-24-2007)

(A)

Authority. The building superintendent, subject to the procedures, standards, and limitations of this section, may render interpretations, including use interpretations, of the provisions of this title and of any rule or regulation issued pursuant to it.

(B)

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

(C)

Parties Entitled to Seek Interpretations. Applications for interpretations may be filed by any person having an interest in the circumstances giving rise to the need for an interpretation; provided, however, that interpretations shall not be sought by any person based solely on hypothetical facts or where the interpretation would have no effect other than as an advisory opinion.

(D)

Procedure.

1.

Application. Applications for interpretations of this title shall be filed in accordance with the requirements of section 5-11-8 of this chapter.

2.

Action on Application. Within 30 days following the receipt of a properly completed application for interpretation, the building superintendent shall inform the owner in writing of his or her interpretation, stating the specific precedent, reasons, and analysis upon which the determination is based. The failure of the building superintendent to act within 30 days, or such further time to which the owner may agree, shall be deemed to be a decision denying the application rendered on the day following such 30-day period.

3.

Appeal. Appeals from interpretations rendered by the building superintendent may be taken to the zoning board of appeals as provided in section 5-11-14 of this chapter.

(E)

Standards for Use Interpretations. The following standards shall govern the building superintendent, and the zoning board of appeals on appeals from the building superintendent, in issuing use interpretations:

1.

No use interpretation shall be given with respect to the residential districts.

2.

Any use defined in section 5-12-13 of this title shall be interpreted as therein defined.

3.

No use interpretation shall permit a use listed as a permitted use or a special permit use in any district to be established in any district in which such use is not so listed.

4.

No use interpretation shall permit any use in any district unless evidence shall be presented that demonstrates that it will comply with each use limitation established for that particular district.

5.

No use interpretation shall permit any use in a particular district unless such use is substantially similar to other uses permitted in such district and is more similar to such other uses than to uses permitted or specially permitted in a more restrictive district.

6.

If the proposed use is most similar to a use permitted only as a special use in the district in which it is proposed to be located, then any use interpretation permitting such use shall be conditioned on the issuance of a special use permit for such use pursuant to section 5-11-17 of this chapter.

7.

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

8.

Subject to the foregoing conditions and limitations, in rendering use interpretations the building superintendent shall be guided by the "Standard Industrial Classification Manual 1987" (SIC), office of management and budget. Many uses listed as permitted or special uses in the use districts established by this title are preceded by a numerical reference to the SIC numerals in parentheses indicating that the listed use includes one or more particular types of establishments in the subject SIC category to the exclusion of others, and the building superintendent shall determine whether the proposed use is most similar to the listed use or uses rather than to any of the excluded uses in rendering any use interpretation relative to such uses.

(F)

Effect of Favorable Use Interpretation. No use interpretation finding a particular use to be permitted or specially permitted in a particular district shall authorize the establishment of such use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits and approvals that may be required by the codes and ordinances of the village including, but not limited to, a special use permit, a certificate of zoning compliance, a building permit, a certificate of occupancy, and subdivision approval.

(G)

Limitations on Favorable Use Interpretations. Subject to an extension of time granted by the building superintendent pursuant to section 5-11-1 of this chapter, no use interpretation finding a particular use to be permitted or specially permitted in a particular district shall be valid for a period longer than six months from the date of issue unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion, or a certificate of occupancy is obtained and a use commenced within that period.

A use interpretation finding a particular use to be permitted or specially permitted in a particular district shall be deemed to refer only to the particular use for which it was issued, and such permit shall not be deemed to refer to any allegedly similar use for which a separate use interpretation has not been issued. Such permit shall automatically expire and cease to be of any force or effect if the particular use for which it was issued shall, for any reason, be discontinued for a period of six consecutive months or more.

(Ord. No. 2007-O-04, 4-24-2007)

(A)

Authority. The zoning board of appeals shall hear and decide appeals from, and review orders, decisions, determinations, or the failure to act, of the building superintendent acting pursuant to his or her authority and duties under this title and to that end the zoning board of appeals shall have the same powers and be subject to the same standards and limitations as the building superintendent with respect to any order, decision, or determination being appealed.

(B)

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

(C)

Parties Entitled to Appeal. An application for appeal to the zoning board of appeals may be filed by any person aggrieved or adversely affected by an order, decision, determination, or failure to act of the building superintendent acting pursuant to his or her authority and duties under this title.

(D)

Procedure.

1.

Application. An application for appeal to the zoning board of appeals shall be filed not later than 45 days following the action being appealed and in accordance with the requirements of section 5-11-8 of this chapter.

2.

Action by Building Superintendent. Upon receipt of a properly completed application for an appeal, the building superintendent shall forthwith transmit to the zoning board of appeals the application together with all papers constituting the record upon which the action appealed from was taken.

3.

Public Hearing. A public hearing shall be set, noticed, and conducted by the zoning board of appeals in accordance with section 5-11-10 of this chapter.

4.

Action by Zoning Board of Appeals. Within 30 days following the close of the public hearing, the zoning board of appeals shall render a decision on the appeal in the manner and form specified in section 5-11-2 of this chapter. Such decision may reverse, affirm, or modify, in whole or in part, the action appealed from and may include such order or determination as, in the opinion of the board of appeals, is proper to be made in the premises. The failure of the board of appeals to act within such 30 days, or such further time to which the owner may agree, shall be deemed to be a decision denying the appeal.

(E)

Stay of Proceedings. An application for appeal properly filed pursuant to subsection (D) of this section shall stay all proceedings in the furtherance of the action appealed from, unless the building superintendent certifies to the zoning board of appeals after the application for appeal has been filed with the building superintendent that, by reason of facts stated in the certificate, a stay would, in the building superintendent's opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed other than by a restraining order, which may be granted by the board of appeals or by the circuit court on application, upon reasonable written notice to the building superintendent and on due cause shown.

(F)

Conditions and Limitations on Rights Granted by Appeal. in any case where this title imposes conditions and limitations upon any right, any such right granted by the zoning board of appeals on appeal shall be subject to such conditions and limitations in the same manner and to the same extent as if secured without the necessity of an appeal.

(Ord. No. 2007-O-04, 4-24-2007)

(A)

Authority. The board of trustees shall have the authority, by ordinance duly adopted, to grant variations from the provisions of this title, but only in compliance with the procedures set forth in subsection (D) of this section and in those specific instances enumerated in subsection (E) of this section and then only in accordance with each of the standards enumerated in subsection (F) of this section.

(B)

Purpose. The variation procedure is intended to provide a narrowly circumscribed means by which relief may be granted from unforeseen particular applications of this title that create practical difficulties or particular hardships. When such difficulties or hardships are more appropriate for remedy, if at all, pursuant to other provisions of this title, the variation procedure is necessarily inappropriate.

(C)

Parties Entitled to Seek Variations. Applications for variations may be filed by the owner of, or person having a contractual interest in, the lot.

(D)

Procedure.

1.

Application. Applications for variations shall be filed in accordance with the requirements of section 5-11-8 of this chapter.

2.

Public Hearing. A public hearing shall be set, noticed, and conducted by the Zoning Board of Appeals in accordance with section 5-11-10 of this chapter.

3.

Action by Zoning Board of Appeals. Within 35 days following the close of the public hearing, the Zoning Board of Appeals shall render its decision recommending the granting or denying of the variation, in the manner and form specified by section 5-11-2 of this chapter. The failure of the Board of Appeals to act within 35 days, or such further time to which the owner may agree, shall be deemed to be a decision recommending denial of the variation.

4.

Recommendations of Denial. Where the Zoning Board of Appeals has recommended that a variation be denied, it shall not be granted except by the favorable vote of two-thirds of all the Trustees then holding office.

(E)

Authorized Variations.

1.

Permitted Variations. The Board of Trustees may vary the provisions of this title only as provided in this subsection (E)1. The authority of the Board of Trustees to vary the provisions of this title is subject to the prohibitions set forth in subsection (E)2 of this section and proof by the owner of each of the standards set forth in subsection (F) of this section.

Under no circumstances shall the list of permitted variations in this subsection (E)1 be construed as an entitlement, right, or claim for any owner.

The Board of Trustees may vary the provisions of this title in the following cases and in no others:

(a)

To permit a yard less than the yard required by the applicable regulations.

(b)

To permit the use of a lot for a use otherwise prohibited solely because of the insufficient area of the lot, but in no event shall the area of the lot be less than 90 percent of the required lot area.

(c)

To permit variations from the sign regulations contained in section 5-9-5 of this title for businesses in the B1 and B2 Districts.

(d)

To permit the exclusion of up to 50 percent of the exposed basement area from the calculation of maximum floor area of a dwelling unit that has become legally nonconforming as a result of an amendment to the definition of "gross floor area" requiring the inclusion of 50 percent of the area of an exposed basement in the calculation of maximum floor area.

(e)

To provide relief related to both the floor area and use restrictions of an accessory structure, for which a building permit was erroneously issued between April 24, 2007 and August 3, 2010.

(f)

To provide relief related to the regulations for gross floor area, parking, or both for a nursing home operating under a special use permit in the R2 Residential District.

(g)

To provide relief relating to the floor area of accessory uses and attached accessory structures in the R-1 District, but only where all of the following criteria are satisfied: 1) the accessory structure is attached to the principal structure on the same lot; 2) the accessory use is conducted wholly within such attached accessory structure, the principal structure, or a portion thereof; 3) the floor area devoted to the accessory structure or use does not exceed 100 percent of the floor area devoted to the principal structure or use; 4) the height and bulk of the attached accessory structure is not out of scale with that of the principal structure and, in any event, the height of the attached accessory structure does not exceed 18 feet; 5) the accessory structure is architecturally harmonious with or complementary to the principal structure; and 6) both the principal structure and attached accessory structure comply with all bulk and setback regulations that apply to principal structures in the relevant zoning district, and the attached accessory structure is set back at least 150 feet from any public right-of-way.

(h)

To increase the maximum allowable impervious coverage to not more than 50 percent on a zoning lot that: 1) is zoned in the R1, R2, or R3 District; 2) has as its principal use a single-family detached dwelling; 3) is not more than 0.5 acres in size; and 4) is adjacent to common covenanted open space. in considering whether a request for such variation satisfies the standards set forth in subsection (F) of this section, the Board of Appeals shall also consider the extent to which the common covenanted open space affects the overall intensity of development in the environs of such lot.

2.

Prohibited Variations. Notwithstanding any other provision of this section, no variation shall be granted that:

(a)

Is intended as a temporary measure only; or

(b)

Is greater than the minimum variation necessary to relieve the particular hardship or practical difficulty demonstrated by the owner.

(F)

Standards for Variations.

1.

General Standards. No variation shall be recommended or granted pursuant to this section unless the owner shall establish that carrying out the strict letter of the provisions of this title would create a particular hardship or a practical difficulty. Such a showing shall require proof that the variation being sought satisfies each of the standards set forth in this subsection (F):

(a)

That the lot in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located;

(b)

That the plight of the owner is due to unique circumstances; or

(c)

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

2.

Supplemental Standards. For the purpose of supplementing the above standards, the Board of Appeals shall also, in making this determination whether there are practical difficulties or particular hardships, take into consideration the extent to which the following facts favorable to the owner have been established by the evidence:

(a)

That the particular physical surroundings, shape or topographical conditions of the specific lot involved would bring a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulation were to be carried out;

(b)

That the conditions upon which the petition for variation is based would not be applicable generally to other lots within the same zoning classification;

(c)

That the purpose of the variation is not based exclusively upon a desire to make more money out of the lot;

(d)

That the alleged difficulty or hardship has not been created by any person presently having an interest in the lot;

(e)

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

(f)

That the proposed variation will not impair an adequate supply of light and air to adjacent lots or substantially increase the danger of fire or otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood.

3.

Specific Standards. When the regulations authorizing a particular variation impose special standards to be met for such variation, a variation shall not be recommended or granted unless the owner shall establish compliance with such special standards.

(G)

Variation Less than Requested. A variation less than or different from that requested may be granted when the record supports the owner's right to some relief but not to the relief requested.

(H)

Conditions on Variations. The zoning board of appeals may recommend and the board of trustees may impose such specific conditions and limitations concerning use, construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this title upon the premises benefited by a variation as may be necessary or appropriate to prevent or minimize adverse effects upon other lots and improvements in the vicinity of the subject lot or upon public facilities and services. Such conditions shall be expressly set forth in the ordinance granting the variation. Violation of any such condition or limitation shall be a violation of this title and shall constitute grounds for revocation of the variation.

(I)

Effect of Grant of Variation. The grant of a variation shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits and approval that may be required by the codes and ordinances of the village including, but not limited to, a certificate of zoning compliance, a building permit, a certificate of occupancy, and subdivision approval.

(J)

Limitations on Variations. Subject to an extension of time granted by the building superintendent pursuant to section 5-11-1 of this chapter, no variation from the provisions of this title shall be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a certificate of occupancy is issued and a use is commenced within that period.

A variation shall be deemed to authorize only the particular construction or development for which it was issued and shall automatically expire and cease to be of any force or effect if such construction or development shall be removed and not replaced within six months following such removal.

(Ord. No. 2007-O-04, 4-24-2007; Ord. No. 2011-O-29, 10-25-2011; Ord. No. 2014-O-23, 10-28-2014; Ord. No. 2018-O-28, 10-23-2018; Ord. No. 2019-O-01, 1-8-2019)

(A)

Authority. This title and the zoning map may be amended from time to time by ordinance duly enacted by the board of trustees in accordance with the procedures set out in this section.

(B)

Purpose. The amendment process established by this section is intended to provide a means for making changes in the text of this title and in the zoning map that have more or less general significance or application. It is not intended to relieve particular hardships nor to confer special privileges or rights. Rather, it is intended as a tool to adjust the provisions of this title and the zoning map in light of changing, newly discovered, or newly important conditions, situations, or knowledge.

(C)

Parties Entitled to Seek Amendments. An application for an amendment may be filed by the board of trustees, the plan commission, the owner of, or any person having a contractual interest in, any lot to be affected by a proposed amendment to the zoning map, or any person interested in a proposed amendment to the text of this title.

(D)

Procedure.

1.

Application. Applications for amendments shall be filed in accordance with the requirements of section 5-11-8 of this chapter; provided, however, that amendments proposed by the board of trustees or the plan commission shall not be subject to said section but shall be transmitted to the building superintendent in such form as may seem appropriate to the initiating body.

2.

Preliminary Consideration by Board of Trustees.

(a)

Referral to Board. Every properly filed and completed application for an amendment to this title, before being processed in any other manner, shall be referred to the board of trustees for a determination as to whether the application merits a hearing and consideration by the plan commission or should be summarily denied.

(b)

Notice of Owner; Right to Be Heard. Notice of the meeting at which the issue will be considered shall be given to the owner at least 48 hours before such meeting and the owner or his representative shall, subject to the rules of the board of trustees, have the right to be heard on the issue.

(c)

Action by Board. The board of trustees, not later than the first meeting after the meeting at which the issue first appears on its agenda, shall either summarily deny the application or refer it to the plan commission for public hearing. The affirmative vote of four members of the board of trustees shall be necessary to summarily deny an application; any other vote shall be sufficient to refer the application for a hearing. in the case of any such referral, the date of such referral shall be deemed to be the date of filing for computation of all time periods under this title. A summary denial shall have the same legal effect as a denial after a full hearing.

(d)

Standard. in considering the issue of whether to summarily deny or refer an application for hearing, the board of trustees shall be guided by the legislative standard that applies to granting an application for an amendment as set forth in subsection (E) of this section. The board of trustees should summarily deny an application in any case where its legislative judgment is that that standard cannot be met with regard to the proposed amendment.

3.

Building Superintendent Review. Before the holding of a public hearing by the plan commission on any amendment introduced to the village board, such amendment shall be forwarded by the village board to the building superintendent with a request for recommendations relative thereto by both the plan commission and the building superintendent. Upon receipt of such proposed amendment, the building superintendent shall transmit a copy of same to the plan commission, which shall make its recommendations relative thereto and shall forward same through the building superintendent to the village board. The building superintendent, in transmitting the recommendation of the plan commission to the village board, shall forward therewith either an indication of his concurrence with such recommendation, or in the event of disagreement with same, his own separate recommendations.

4.

Public Hearing. in any case where an application for amendment is referred to the plan commission for a hearing, a public hearing shall be set, noticed, and conducted by the plan commission in accordance with section 5-11-10 of this chapter.

5.

Action by Plan Commission. Within 45 days following the conclusion of the public hearing, the plan commission shall transmit to the board of trustees its recommendation in the form specified by subsection 5-11-3 of this chapter. The failure of the plan commission to act within 45 days following the conclusion of such hearing, or such further time to which the owner may agree, shall be deemed a recommendation for the approval of the proposed amendment as submitted.

6.

Action by Board of Trustees; Protest. Within 60 days following the receipt of the recommendation of the plan commission, or its failure to act as above provided, the board of trustees shall either deny the application or, by ordinance duly adopted, adopt the proposed amendment, with or without modifications; provided, however, that in the event a duly signed and acknowledged protest against a proposed amendment is filed with the village clerk before the adoption of such amendment by the owners of 20 percent or more of the frontage to be affected by the proposed amendment, or by the owners of 20 percent or more of the frontage immediately adjoining or across therefrom, or by the owners of 20 percent or more of the frontage directly opposite the frontage to be affected, such amendment shall not be passed except by a two-thirds vote of all the trustees then holding office.

The failure of the board of trustees to act within 60 days, or such further time to which the owner may agree, shall be deemed to be a decision denying the application.

(E)

Standard for Amendments. The wisdom of amending the zoning map or the text of this title is a matter committed to the sound legislative discretion of the board of trustees and is not dictated by any set standard. However, in determining whether a proposed amendment should be granted or denied the board of trustees should be guided by the principle that its power to amend this title is not an arbitrary one but one that may be exercised only when the public good demands or requires the amendment to be made. in considering whether that principle is satisfied in any particular case, the board of trustees should weigh the factors that the owner is required to address in its application.

(Ord. No. 2007-O-04, 4-24-2007)

(A)

Authority. The board of trustees, in accordance with the procedures and standards set out in this section and by ordinance duly adopted, may grant special use permits authorizing the development of uses listed as special uses in the regulations applicable to the district in which the lot is located.

(B)

Purpose. Special uses are those uses having some special impact or uniqueness that requires a careful review of their location, design, configuration, and special impact to determine, against fixed standards, the desirability of permitting their establishment on any given site. They are uses that may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect.

(C)

Parties Entitled to Seek Special Use Permits. An application for a special use permit may be filed by the owner of, or any person having a contractual interest in, the lot.

(D)

Procedure.

1.

Application. Applications for special use permits shall be filed in accordance with the requirements of section 5-11-8 of this chapter.

2.

Public Hearing. A public hearing shall be set, noticed, and conducted by the plan commission in accordance with section 5-11-10 of this chapter.

3.

Action by Plan Commission. Within 45 days following the conclusion of the public hearing, the plan commission shall transmit to the board of trustees its recommendation in the form specified by section 5-11-3 of this chapter, recommending either granting the application for a special use permit; granting the application subject to conditions, as specified in subsection (F) of this section; or denying the application. The failure of the plan commission to act within 45 days, or such further time to which the owner may agree, shall be deemed a recommendation for the approval of the proposed special use permit.

4.

Action by Board of Trustees. Within 60 days following the receipt of the recommendation of the plan commission, or its failure to act as above provided, the board of trustees shall either deny the application or, by ordinance duly adopted, shall grant the special use permit, with or without modifications or conditions. The failure of the board of trustees to act within 60 days, or such further time to which the owner may agree, shall be deemed to be a decision denying the special use permit.

(E)

Standards for Special Use Permits.

1.

General Standards. No special use permit shall be recommended or granted pursuant to this section unless the owner shall establish that:

(a)

It is deemed necessary for the public convenience at that location;

(b)

It is so designed, located and proposed to be operated that the public health, safety and welfare will be protected;

(c)

It will not cause substantial injury to the value of other lots in the neighborhood in which it is located;

(d)

It conforms to the applicable regulations of the district in which it is to be located, except as may be recommended by the plan commission and approved by the village board or, except in the case of a planned development; and

(e)

Owner can demonstrate, to the satisfaction of the village, that it has the capability and capacity, including, without limitation, the technological, personnel, and financial resources, to complete the project as proposed.

2.

Special Standards for Specified Special Uses. When the district regulations authorizing any special use in a particular district impose special standards to be met by such use in such district, a permit for such use in such district shall not be recommended or granted unless the owner shall establish compliance with such special standards.

3.

Considerations. in determining whether the owner's evidence establishes that the foregoing standards have been met, the plan commission shall consider:

(a)

Public Benefit. Whether and to what extent the proposed use and development at the particular location requested is necessary or desirable to provide a service or a facility that is in the interest of the public convenience or that will contribute to the general welfare of the neighborhood or community.

(b)

Alternative Locations. Whether and to what extent such public goals can be met by the location of the proposed use and development at some other site or in some other area that may be more appropriate than the proposed site.

(c)

Mitigation of Adverse Impacts. Whether and to what extent all steps possible have been taken to minimize any adverse effects of the proposed use and development on the immediate vicinity through building design, site design, landscaping, and screening.

(F)

Conditions on Special Use Permits. The plan commission may recommend and the board of trustees may impose such conditions and limitations concerning use, construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this title upon the premises benefited by a special use permit as may be necessary or appropriate to prevent or minimize adverse effects upon other lots and improvements in the vicinity of the subject lot or upon public facilities and services. Such conditions shall be expressly set forth in the ordinance granting the special use. Violation of any such condition or limitation shall be a violation of this title and shall constitute grounds for revocation of the special use permit.

(G)

Effect of Issuance of a Special Use Permit. The grant of a special use permit shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any other permits or approvals that may be required by the codes and ordinances of the village, including, but not limited to, a certificate of zoning compliance, a building permit, a certificate of occupancy, and subdivision approval.

(H)

Limitations on Special Use Permits. Subject to an extension of time granted by the building superintendent pursuant to subsection 5-11-1 of this chapter, no special use permit shall be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a certificate of occupancy is issued and a use commenced within that period.

A special use permit shall be deemed to authorize only the particular use for which it was issued, and such permit shall automatically expire and cease to be of any force or effect if such use shall, for any reason, be discontinued for a period of six consecutive months or more.

Except when otherwise provided in the ordinance granting a special use permit, a special use permit shall be deemed to relate to, and be for the benefit of, the use and lot in question rather than the owner or operator of such use or lot.

(I)

Amendments to Special Use Permits. A special use permit may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this section for its original approval.

(Ord. No. 2007-O-04, 4-24-2007)

(A)

Authority. The board of trustees, in accordance with the procedures and standards set out in this section and by ordinance duly adopted, may grant special use permits authorizing the development of planned unit developments, but only in the districts where such developments are listed as an authorized special use.

(B)

Purpose. Planned unit developments are included in this title as a distinct category of special use. as such, they are authorized for the same general purposes as all other special uses. in particular, however, the planned unit development technique is intended to allow the relaxation of otherwise applicable substantive requirements based upon procedural protections providing for detailed review of individual proposals for significant developments. This special regulatory technique is included in this title in recognition of the fact that traditional bulk, space, and yard regulations that may be useful in protecting the character of substantially developed and stable areas may impose inappropriate preregulations and rigidities upon the development or redevelopment of lots or areas that lend themselves to an individual, planned approach. Through the flexibility of the planned unit development technique, the village seeks to achieve the following specific objectives:

1.

Provide for the permanent preservation of more common open spaces and better recreational opportunities or facilities than are required of developments under the strict interpretation of this title.

2.

To enable the development to better preserve natural vegetation, and topographic and geological features than would otherwise be required of developments under the strict interpretation of this title.

3.

Develop a land use plan that respects and enhances the rural characteristics of the village through the use of creative landscaping, more intense plantings, sensitive road layouts, and the re-creation or enhancement of natural landscaped areas or wildlife habitats.

4.

To encourage developers to invest in amenities that enhance the quality of design and community character through the provision of better public facilities.

5.

To permit developers of commercial properties the flexibility to design their projects to provide the maximum flexibility of design to meet the varying conditions imposed by existing residential or nonresidential uses.

6.

To permit developers to establish a quality that best meets the existing character of the village in transitional areas on the fringes.

(C)

Parties Entitled to Seek Planned Unit Development Approval. An application for a special use permit to permit a planned unit development may be filed by the owner of, or any person having a contractual interest in, the subject lot.

(D)

Procedure.

1.

Optional Preapplication Conference. Prior to filing any application for planned unit development approval, the prospective owner may request a preapplication conference with the plan commission. Such request shall include a brief and general description of the nature, location and extent of the proposed planned unit development; and a list of any professional consultants advising the prospective owner with respect to the proposed planned unit development. The meeting shall be held at a regularly scheduled meeting and shall be open to the public.

The preapplication conference is not mandatory and does not require formal application, fee, or filing of a planned unit development plat. A copy of the plan commission's "Suggested Guidelines for Planned Unit Developments" will be furnished to each owner.

No final or binding action shall be taken at any preapplication conference and any views expressed shall be deemed to be only preliminary and advisory.

2.

Preliminary Plat.

(a)

Purpose. The preliminary plat is intended to provide the owner an opportunity to submit a plan showing the basic scope, character, and nature of the entire proposed planned unit development without incurring undue cost. The preliminary plat is the basis on which the required public hearing is held, thus permitting public consideration of the proposal at the earliest possible stage.

(b)

Application. Applications for approval of a preliminary plat shall be filed in accordance with the requirements of section 5-11-8 of this chapter.

(c)

Village Planner Review. Copies of the preliminary plat and supporting data shall be submitted to the village planner for certification as to conformity with these regulations and for recommendations and suggestions concerning the overall design.

(d)

Architectural Board Review. Copies of the preliminary plat and supporting data shall be submitted to the architectural board for recommendations and suggestions concerning the overall design.

(e)

Public Hearing. A public hearing shall be set, noticed, and conducted by the plan commission in accordance with section 5-11-10 of this chapter.

(f)

Coordination with Subdivision Regulations. When a subdivision of land subject to the Long Grove subdivision regulations is proposed in connection with a planned unit development, review of the tentative plat of the proposed subdivision shall be carried out simultaneously with review of the preliminary plat.

(g)

Action by Plan Commission. Within 60 days following the conclusion of the public hearing, the plan commission shall transmit to the board of trustees its recommendation, in the form specified by section 5-11-3 of this chapter, that the preliminary plat either be approved, be approved subject to modifications, or not be approved. The failure of the plan commission to act within 60 days, or such further time to which the owner may agree, shall be deemed a recommendation for the approval of the preliminary plat as submitted.

(h)

Action by Board of Trustees. Within 60 days following the receipt of the recommendation of the plan commission or its failure to act as above provided, the board of trustees shall deny the application for approval of the preliminary plat, or shall refer it back to the plan commission for further consideration of specified matters, or, by ordinance duly adopted, shall approve the preliminary plat, with or without modifications and conditions to be accepted by the owner as a condition of such approval, and shall grant a special use permit authorizing the proposed planned unit development and such additional approvals as may be necessary to permit development of the planned unit development as approved; provided, however, that every such ordinance and special use permit shall be expressly conditioned upon approval of the final plat in accordance with subsection (D)3 of this section and upon the permittee's compliance with all provisions of this title and the ordinance granting the special use permit.

The failure of the board of trustees to act within 60 days, or such further time to which the owner may agree, shall be deemed to be a decision denying approval of the preliminary plat.

(i)

Effect of Preliminary Plat Approval. Approval of a preliminary plat shall not constitute approval of the final plat. Rather it shall be deemed an expression of approval to the layout submitted on the preliminary plat as a guide to the preparation of the final plat which will be submitted for approval of the village and subsequent recording upon the fulfillment of the requirements of these regulations and conditions of the preliminary approval, if any.

(j)

Limitation on Preliminary Plat Approval. Subject to an extension of time granted by the building superintendent pursuant to section 5-11-1 of this chapter, unless a final plat covering at least the area designated in the preliminary plat as the first stage or unit of the planned unit development has been filed within two years from the date the board of trustees grants preliminary plat approval, or in any case where the owner fails to file the final plat and to proceed with development in accordance with the provisions of this title, the preliminary plat approval shall automatically expire and be rendered void and the building superintendent shall, without further direction, initiate an appropriate action to formally revoke the special use permit for all portions of the planned unit development area that have not yet been completed.

(k)

Optional Submission of A Final Plat. The owner may, at his or her option, submit a final plat for the proposed planned unit development pursuant to the requirements of subsection (D)3 of this section simultaneously with the submission of the preliminary plat pursuant to the requirements of this subsection (D)2. in such case, the owner shall comply with all provisions of this title applicable to submission of the preliminary plat and to submission of the final plat. The plan commission and the board of trustees shall consider such plans simultaneously and shall grant or deny final plat approval in accordance with the provisions of subsection (D)3 of this section.

3.

Final Plat.

(a)

Purpose. The final plat is intended to particularize, refine, and implement the preliminary plat and to serve as a working document in development of a final plat. The final plat may be submitted for the entire planned unit development or in stages as approved in the preliminary plat.

(b)

Application. Upon approval of the preliminary plat, and within the time limits established in subsection (D)2(h) of this section, the owner shall file an application for final plat approval in accordance with the requirements of section 5-11-8 of this chapter. The application may include the entire area included in the approved preliminary plat or one or more stages or units thereof in accordance with a staging plan approved as part of the preliminary plat. The application shall refine, implement, and be in substantial conformity with the approved preliminary plat.

(c)

Public Meeting. A public meeting shall be set, noticed, and conducted by the plan commission in accordance with section 5-11-10 of this chapter.

(d)

Coordination with Subdivision Regulations. When a subdivision of land subject to the Long Grove subdivision regulations is proposed in connection with a planned development, review of the final plat of proposed subdivision shall be carried out simultaneously with review of the final plat.

(e)

Action by Plan Commission.

(1)

Evaluation. Within 60 days following the filing of an application for approval of a final plat, the plan commission shall review and act on the plan. The plan commission shall set forth the reasons for the recommendation and said recommendation shall set forth with particularity in what respects the proposal would or would not be in the public interest including, but not limited to, findings of fact on the following:

A.

In what respects the proposed plan is or is not consistent with the stated purpose of the planned unit development regulations.

B.

The extent to which the proposed plan meets the requirements and standards of the planned unit development regulations set forth in this section.

C.

The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject lot, including, but not limited to, the density, dimension, area, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest.

D.

The physical design of the proposed plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, provide for and protect designated common open space and further the amenities of light and air, recreation and visual enjoyment.

E.

The relationship and compatibility, beneficial or adverse, or the proposed plan to the adjacent properties and neighborhood.

F.

The desirability of the proposed plan to physical development, tax base and economic well being of the entire community.

G.

The conformity with the intent and spirit of the comprehensive village plan.

(2)

Approval Based on Substantial Conformity. If the plan commission finds substantial conformity between the final plat and the approved preliminary plat and further finds the final plat to be in all other respects complete and in compliance with any and all conditions imposed by approval of the preliminary plat and with the provisions of this title and all other applicable federal, state, and village codes, ordinances, and regulations, it shall transmit the plan to the board of trustees with its recommendation, in the form specified in section 5-11-3 of this chapter, that the board of trustees approve the final plat, with or without modifications and conditions to be accepted by the owner as a condition of approval. See section 5-12-13 of this title for the definition of "substantial conformity".

(3)

Recommendation of Approval Without Substantial Conformity. If the plan commission finds that the final plat lacks substantial conformity to the preliminary plat but merits approval notwithstanding such lack of conformity and otherwise conforms to the requirements of this title, it shall transmit the plan to the board of trustees with its recommendation, in the form specified in section 5-11-3 of this chapter, that the final plat be approved, with or without modifications and conditions to be accepted by the owner as a condition of approval.

(4)

Recommendation of Denial. If the plan commission finds that the final plat is not in substantial conformity with the approved preliminary plat and does not merit approval, or if the plan commission requires modifications of a final plat that are not accepted by the owner, the plan commission shall transmit the plan to the board of trustees together with its recommendation, in the form specified in section 5-11-3 of this chapter, that the final plat not be approved.

(5)

Failure to Act. The failure of the plan commission to act within 60 days, or such further time to which the owner may agree, shall be deemed to be a recommendation to the board of trustees to approve the final plat as submitted.

(f)

Action by Board of Trustees. Within 45 days following the receipt of the recommendation of the plan commission, or its failure to act as above provided, the board of trustees shall either:

(1)

Approval Based on Substantial Conformity. If the plan commission has recommended approval of a final plat pursuant to subsection (D)3(e)(2) of this section, the board of trustees shall, unless it specifically rejects one or more of the findings of the plan commission on the basis of expressly stated reasons, approve the final plat by a duly adopted ordinance; or

(2)

Approval Without Substantial Conformity. in any case other than that specified in subsection (D)3(f)(1) of this section, the board of trustees may, if it finds that the final plat merits approval and otherwise conforms to the requirements of this title, approve the final plat by a duly adopted ordinance; or

(3)

Referral Back to Plan Commission. in any case other than that specified in subsection (D)3(f)(1) of this section, the board of trustees may refer the final plat back to the plan commission for further consideration of specified matters.

(4)

Denial. The board of trustees may deny final plat approval if it finds, whether pursuant to a recommendation of the plan commission or not, that the final plat is not in substantial conformity with the approved preliminary plat and does not merit approval or would only merit approval subject to modifications or conditions that are not accepted by the owner.

(5)

Failure to Act. The failure of the board of trustees to act within 60 days, or such further time to which the owner may agree, shall be deemed to be a decision denying final plat approval.

(g)

Conditions on Final Plat Approval. The approval of any final plat may be granted with or without modifications and conditions to be accepted by the owner as a condition of approval.

(h)

Recordation of The Final Plat. The ordinance approving the final plat shall be effective only upon recording of the final plat and supporting data with the county recorder of deeds. The recording of the final plat shall inform all who deal with the planned unit development of the restrictions placed upon the land and act as a zoning control device.

(i)

Building Permits. No building permits shall issue nor construction occur until the final plat has been approved and recorded with the county recorder of deeds.

(E)

Standards for Planned Unit Developments.

1.

Special Use Permit Standards. No special use permit for a planned unit development shall be recommended or granted pursuant to this section unless the owner shall establish that the proposed development will meet each of the standards made applicable to special use permits pursuant to section 5-11-17 of this chapter.

2.

Additional Standards for All Planned Unit Developments. No special use permit for a planned unit development shall be recommended or granted unless the owner shall establish that the proposed development will meet each of the following additional standards:

(a)

Variance From Applicable District Regulations. The degree to which the development differs in its performance from what would be possible under the normal standards of the district in which it is located. in evaluating this element, the plan commission shall look for the following:

(1)

Residential Developments.

A.

The proposed development has substantially increased the amount of common open space above what would have been required to preserve and protect conservation areas, but such common open space must be concentrated (as opposed to fragmented) and should provide for either public access or readily accessible public vistas; or

B.

The proposed development plan has provided a trail system for residents; or

C.

The amount of landscaping is substantially greater than the minimum required by this title.

(2)

Permitted Nonresidential Uses. When commercial uses are proposed in an area where existing uses are at a much higher intensity than those permitted in the B2 district, the planned unit development is intended to permit development that is superior to that of the surrounding uses, but which may be of a higher intensity than the B2 district would permit as a matter of right. The commercial use shall demonstrate that the signs are fully in keeping with village ordinances, and are substantially better than those on surrounding lots; and

(b)

Promotion of Character. The degree to which the development exhibits extra care and attention to details which enhance the character of the development and promote the rural character of the village that sets the development apart from projects that could be built without the aid of this section. The plan commission shall be looking for the following traits:

(1)

Roads on the periphery of the development shall be planted with hedgerows to screen views into a development;

(2)

Buildings in open fields shall be masked by berms and reforested areas;

(3)

Buildings shall have a low horizontal profile when built in old fields or grasslands;

(4)

Front yards or rights-of-way should be planted with natural landscaping;

(5)

Open spaces larger than scenic easements are preferred and should be planted with prairie mixes or reforested.

(c)

Design Enhancements. The degree to which any requested increase in density reflects an investment in better design, landscaping, or facilities. The plan commission should have review materials presented by the developer indicating that the credits sought are based in real investments in excess of what is required under the minimum standards of the ordinance.

(d)

Amenities. The degree to which the developer has gone to better preserve critical natural environments, restore or mitigate degraded or distressed environments, alleviated off site problems, or provided other improvements that benefit all residents of the community. The plan commission should review both an inventory of natural features on the site and plans demonstrating the developer is taking greater care in preserving resources than is required by the village ordinances.

(e)

Comprehensive Plan. A planned unit development must conform with the intent and spirit of the proposals of the comprehensive village plan.

(f)

Minimum Area. The site of the planned unit development must be under single ownership and/or unified control and be not less than five acres in area.

(g)

Compatibility. The uses permitted in a planned unit development must be of a type and so located so as to exercise no undue detrimental influence upon surrounding properties.

(h)

Need. A clear showing of need must be made by means of an economic feasibility, land utilization and marketing study.

(i)

Space Between Buildings. The minimum horizontal distance between buildings shall be not less than 20 feet or equal to the height of adjacent freestanding, unattached building, whichever is greater, except that principal or accessory buildings in a planned unit development located within the HR-1 district may have a lesser separation or even be attached provided that such planned unit development is served by a fire suppression system meeting applicable building and fire code standards.

(j)

Yards. The required yards along the periphery of the planned unit development shall be at least equal in width or depth to that of the adjacent zoning district; provided, however, the required yards within any lot and along the periphery of a planned unit development approved pursuant to the HR-1 district regulations may be established at a lesser depth, so long as the approved yard depth, together with any proposed or existing landscaping, fencing or other screening or buffering technique, is sufficient to establish a satisfactory buffer between the planned unit development and adjoining properties and/or residential land uses.

(k)

Parking Requirements. Adequate parking shall be provided and in no event shall the parking be less than that provided for in other sections of this title.

(l)

Traffic. Adequate provision shall be made to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

(m)

Residential District Density.

(1)

Calculation of Density. Except as otherwise expressly allowed under subsection (E)2(m)(2) or (E)2(m)(3) of this section, the overall density within a planned unit development shall be consistent with the density allowed in the district in which the planned unit development is located. Except as provided in subsection (E)2(m)(2) of this section, no lot within a planned unit development shall contain less than 33,000 square feet in lot area. The number of lots permitted within a planned unit development will be based upon the gross area of the planned unit development excluding: a) exterior roads and b) 50 percent of wetlands and conservancy district areas.

(2)

Exception for Annexed Lots. Notwithstanding the requirements of subsection (E)2(m)(1) of this section, the village board may, pursuant to an annexation agreement with the owner of property located in unincorporated Lake County and proposed to be annexed to the village, authorize an exception from the 33,000 square foot lot area requirement in subsection (E)2(m)(1) of this section, but only to the extent that the applicable county development regulations would have permitted development on less than 33,000 square feet in lot area.

(3)

Density Increase. The plan commission may recommend, and the village board may approve, an increase in the number of lots of up to 15 percent over what is otherwise allowed in the district in which the planned unit development is located based on the developer's ability to substantially improve the quality of the project in light of the goals and standards in this section and this code. as part of such increase in the number of lots, an appropriate decrease in average lot area within the planned unit development may also be authorized. in no event may the lot area for any individual lot be less than 33,000 square feet, unless as provided in accordance with subsection (E)2(m)(2) of this section.

(n)

Business District Density and Height.

(1)

HR District Density Increase. The plan commission may recommend, and the village board may approve, an increase in the maximum allowable gross floor area or impervious coverage ratio within any approved planned unit development within the HR district not to exceed 20 percent, and the maximum allowable floor area for any one lot of record within any approved planned unit development in the HR district not to exceed 30 percent.

(2)

HR-1 District Density Increase. The plan commission may recommend, and the village board may approve, an increase in the maximum allowable gross floor area or impervious coverage ratio within any planned unit development approved pursuant to the HR-1 district regulations, so that: a) the maximum floor area within the planned development does not exceed 23 percent of the total area of the planned development (including property within or without the HR-1 district), b) the maximum allowable floor area for any one lot of record within any approved planned unit development in the HR-1 district not to exceed 40 percent of the lot area, and c) the maximum impervious surface coverage within the planned development does not exceed 75 percent of the total area of the planned development (including property within or without the HR-1 district).

(3)

Height Increase in the HR-1 District. Within any planned unit development approved pursuant to the HR-1 district regulations, the plan commission may recommend, and the village board may approve, an increase in the maximum allowable height of architectural features not intended for occupancy of up to 40 feet above the highest ground level point on the property included within the planned unit development (measured based upon the proposed finished grading). in considering a request for such additional height, the plan commission should review whether any such architectural features enhance the architectural character and improve the overall quality of design of the proposed planned unit development, as well as whether such features are designed to minimize potential impacts on nearby properties.

(o)

Compliance with Subdivision Regulations and Plat Act. All planned unit developments, whether or not they are by definition subject to the Long Grove subdivision regulations or the Illinois Plat Act, shall comply with all standards, regulations and procedures of the subdivision regulations and the plat act except as is expressly provided otherwise in this section, or varied by the board of trustees pursuant to subsection (G) of this section or the applicable section of the subdivision regulations.

3.

Additional Standards for Specific Planned Unit Developments. Where the district regulations authorizing any planned development use in a particular district impose standards to be met by such planned unit development in such district, a special permit for such development shall not be recommended or granted unless the owner shall establish compliance with such special standards.

(F)

Conditions on Planned Unit Development Approvals. The approval of either a preliminary plat or a final plat may be conditioned on such matters as the approving body may find necessary to prevent or minimize any possible adverse effects of the proposed planned unit development, or to ensure its compatibility with surrounding uses and development and its consistency with the general purposes, goals, and objectives of this title, the Long Grove subdivision regulations, and the official Comprehensive Plan; provided, however, that no such condition of final plat approval shall impair the rights granted by preliminary plat approval. Such conditions shall be expressly set forth in the ordinance granting the approval in question. Violation of any such condition or limitation shall be a violation of this title and shall constitute grounds for revocation of all approvals granted for the planned unit development.

(G)

Authority to Vary Regulations.

1.

Subject to the limitations contained in subsections (E)2(m), (E)2(n), and (G)2 of this section, the planned unit development may depart from strict conformance with the required density, dimension, area, bulk, use, and other regulations for the standard zoning districts and other provisions of this title to the extent specified in the preliminary land use and zoning plat and documents authorizing the planned unit development so long as the planned unit development will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.

2.

Notwithstanding the provisions of subsection (G)1 of this section, the following limitations will apply (except as provided in subsections (G)3 and (G)4 of this section):

(a)

In no event may a front or side yard setback on a lot be reduced by more than 20 percent from the setback required for that lot by the underlying zoning district.

(b)

No variation is permitted from subsection (E)2(i) of this section.

(c)

Except as otherwise expressly provided in subsection (E)2(m)(2) of this section, no variation may be granted to permit a lot within a planned unit development to be less than 33,000 square feet in lot area.

3.

In addition to the departures authorized by subsection (G)1 of this section, and notwithstanding the limitations of subsection (G)2 of this section, a planned unit development that: a) is located in the R2 Zoning District, b) has frontage on Midlothian Road and is adjacent to the platted Illinois Route 53 extension corridor, and c) will contain at least 11 acres of platted conservation area and permanent open space may be granted the following departures from strict conformance with the provisions of this title and title 6 of this Code to the extent specified in the preliminary land use and zoning plat and documents authorizing the planned unit development so long as the planned unit development will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare:

(a)

Reduction of the width of a required scenic corridor easement to not less than 15 feet;

(b)

Reduction of the size of a residential lot to not less than 10,000 square feet in area; and

(c)

Reduction of front and side yard setbacks by more than 20 percent of the setback required for that lot by the underlying zoning district.

4.

In addition to the departures authorized by subsection (G)1 of this section, and notwithstanding the limitations of subsection (G)2 of this section, a planned unit development that: a) is located in the R3 Zoning District, b) has frontage on Old Hicks Road, and c) will devote at least 45 percent of the gross area of the planned unit development to platted conservation areas, permanent open space, and pathways may be granted the following departures from strict conformance with the provisions of this title and title 6 of this Code to the extent specified in the preliminary land use and zoning plat and documents authorizing the planned unit development so long as the planned unit development will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare:

(a)

Reduction of the size of a residential lot to not less than 16,000 square feet in area; and

(b)

Reduction of front and side yard setbacks by more than 20 percent of the setback required for that lot by the underlying zoning district.

(H)

Time Schedule. The President and Board of Trustees shall consider the planned unit development subject to revocation if construction falls more than two years behind the schedule filed with the final plat. Extensions in the building schedule may be granted by the Plan Commission. with the exception of the installation of the final one inch bituminous concrete roadway surface, all public improvements within each phase of the planned unit development shall be completed within two years of final plat approval for that phase. The final one inch bituminous concrete roadway surface shall not be installed until 75 percent of all planned dwellings within the planned unit development have received a final certificate of occupancy; provided, however, that the installation of the final bituminous concrete roadway surface shall be completed no later than six months after this 75 percent threshold has been met.

(I)

Adjustments to Final Plat During Development. The planned unit development project shall be developed only according to the approved and recorded plat and all supporting data. The recorded final plat and supporting data together with all recorded amendments shall be binding on the owners, their successors and assigns and shall limit and control the use of premises and location of structures in the planned unit development project as set forth therein.

1.

Major Changes. Changes which include increases in density, height of buildings, reductions of proposed open space, changes in the development schedule or changes in the final governing agreements, provisions or covenants or other changes which change the concept or intent of the development, may be approved only by submission of a new preliminary plat and supporting data and following the "preliminary approval" steps and subsequent amendment of the final land use and zoning plat.

All changes to the final plat shall be recorded with the County Recorder of Deeds as amendments to the final plat or reflected in the recording of a new "corrected" final plat.

2.

Minor Changes. The Village Planner or other person authorized by the Village Board may approve minor changes in the planned unit development which do not change the concept or intent of the development without going through the "preliminary approval" steps. Minor changes shall be any change not defined as a major change.

(J)

Amendments to Final Plat Following Completion of Development. After completion of a planned unit development, an approved final plat may be amended, varied, or altered in the same manner and subject to the same limitations, as provided for major adjustments in subsection (I) of this section.

(K)

Impact Fees. See title 6, chapter 9 of this Code for applicable impact fee regulations.

(Ord. No. 2007-O-04, 4-24-2007; Ord. No. 2009-O-07, 3-10-2009; Ord. No. 2017-O-17, 12-12-2017)

(A)

Authority. The Architectural Commission may, as a matter of original jurisdiction and in accordance with the procedures and standards set out in this section, grant architectural review approval to developments requiring architectural review pursuant to subsection (C) of this section. in cases of appeal from a denial of approval by the Architectural Commission, the Board of Trustees, by ordinance duly adopted, may grant architectural approval in accordance with the procedures and standards set out in this section.

(B)

Purpose and Goals. The purpose of the architectural review process is to protect, preserve, and enhance the natural and architectural environment of the Village, to protect and enhance property values, and to promote the health, safety, and welfare of the Village and its residents. It is the goal of these regulations that certain new buildings added to Long Grove should complement and improve upon the architectural heritage of the Village and continue to allow the natural landscape of the Village to predominate over its built environment.

(C)

Architectural Review Required. Architectural review shall be required in connection with the construction of any new building or the alteration, enlargement, or remodeling of any existing building in the B2, HR, HR-1, O, and OR Districts and any "new construction" or "major remodeling or improvements", as defined in section 5-11-4 of this chapter, in the B1 District. in addition, architectural review shall be required in connection with the construction, installation, alteration, enlargement, or remodeling of any exterior lighting system or signage in the Village.

(D)

Parties Entitled to Seek Architectural Review. Applications for architectural review may be filed by the owner of, or any person having a contractual interest in, the lot.

(E)

Procedure.

1.

Review by the Architectural Commission.

(a)

Application. Applications for an architectural review permit shall be filed in accordance with the applicable requirements of section 5-11-8 of this chapter.

(b)

Review; Hearing Request. The building superintendent shall refer the application for an architectural review permit to the architectural commission for a public hearing, which hearing shall be noticed and conducted by the architectural commission in accordance with section 5-11-10 of this chapter.

(c)

Action by Architectural Commission. At the conclusion of the public hearing, the architectural commission shall vote in public whether to approve, disapprove, or conditionally approve the application in the manner and form specified by section 5-11-4 of this chapter. The architectural commission shall notify the owner in writing, by certified mail, return receipt requested, of the commission's decision. Such notice shall state that the owner has the right to appeal the decision to the board of trustees.

2.

Appeals to The Board of Trustees.

(a)

Right to Appeal. An appeal may be filed by: 1) an applicant from any decision disapproving an application or approving an application subject to conditions that are unacceptable to the applicant, or 2) a member of the village board from any decision approving or conditionally approving an application.

(b)

Application. An application for appeal from any decision of the commission shall be filed within 14 days following such decision.

(c)

Hearing on Appeal. At the hearing on appeal, the board of trustees shall permit the owner to speak in support of the application, and to present any additional evidence relating thereto. The board of trustees may also consider testimony from the building superintendent or members of the commission. The village board may, with the consent of the applicant, select an arbitration panel consisting of three architects registered in the state to act as an advisory panel to the village board, in accordance with section 2-3-6 of this code.

At the conclusion of the hearing, the village board shall consider the record on appeal, the testimony presented on appeal, and any other evidence and determine whether the architectural commission's decision is consistent with the architectural review standards set forth in subsection (F) of this section. The village board shall then vote on whether to affirm or reverse the decision of the architectural commission (with or without conditions), or to remand the application to the commission for further review.

To reverse the decision of the architectural commission in whole or in part, the affirmative vote of at least four trustees shall be required. Any other action on appeal may be taken by the concurrence of a majority of trustees present.

The village shall notify the owner in writing of the village board's decision on appeal. Except in the case of a vote to remand, such notice shall state the board's decision is final.

(d)

Remand to Architectural Commission. in the case of a vote by the board for remand of an application, the chairperson of the commission shall be so notified and shall set a date for a new architectural review hearing. The hearing on remand shall be conducted in the same manner as any other architectural review hearing.

(F)

Standards and Considerations for Architectural Review. in passing upon applications for architectural review permits, the architectural commission shall consider and evaluate the propriety of issuing said permit in terms of its effect on the stated purposes and goals of architectural review. to that end, the architectural commission shall consider the appearance of a proposed construction, alteration, enlargement, or remodeling project in terms of the quality of its design and the relationship to its surroundings. A proposed project should harmonize with and support Long Grove's unique character, with special consideration accorded the preservation and enhancement of landmarks. in addition, the architectural commission shall consider whether the erection, remodeling or alteration of a building, awning, sign, fence or other structure will produce one or more of the harmful effects set forth in section 2-3-1 of this code, the architectural commission shall consider among other factors, the following particulars:

1.

Similarity or Dissimilarity.

(a)

Excessive similarity or dissimilarity with nearby buildings should be avoided. The building shall comply with the antimonotony provisions of subsection 5-3-11(B) of this title.

(b)

Buildings should not be dwarfed or obstructed from view by nearby buildings.

2.

Site Plan.

(a)

The site should be planned to meet, if not exceed, setbacks and to establish, protect, and enhance buffer yards between properties and to minimize disturbance to the natural landscaping on the site. Further, the project should be designed to preserve and enhance natural features on the site, including, without limitation, existing trees, wooded areas, buffer yards, and landscaping.

(b)

Access to the site and circulation thereon should be safe and convenient for pedestrians, cyclists, and vehicles.

(c)

Driveways should be located to maintain adequate space between cuts in the streetscape.

(d)

Driveway and parking areas should be screened to reduce visual intrusions into surrounding properties and to enhance the secluded appearance of the village.

(e)

Screening or fencing should be consistent in design and materials with the principal buildings on the subject and adjacent properties.

(f)

Monotony should be avoided.

(g)

Exterior lighting should be designed to be consistent with the village's dark at night character and shall, at a minimum, comply with the lighting restrictions contained in this title.

3.

Elevations.

(a)

The scale and height of the project should be visually compatible with the landscaping and topography of the site and with buildings on the site and in the surrounding area.

(b)

The relationship of solids to voids in the front facade of a project should be visually compatible with buildings, public ways and places to which it is visually related.

(c)

The visual continuity of roofs and their contributing elements (such as parapet walls, coping, and cornices) shall be maintained in building development or redevelopment.

(d)

Monotony should be avoided.

(e)

Garage doors should be designed, whenever possible, so that the doors are not facing the front yard of the site.

4.

Landscaping.

(a)

Landscaping plans should be consistent with the natural environment of the site, adjacent properties, and the surrounding area; provided that, when a site is open, suitable landscaping consistent with the wooded nature of the village should be provided.

(b)

Existing natural features should be appropriately preserved and integrated into the project. Under appropriate circumstances, a conservation strip consisting of landscaping and natural growth but excluding lawns and any impervious surface between adjacent properties would promote this objective.

(c)

The project should be designed to meet, if not exceed, the buffer yard requirements of this title to maximum screening and buffering in order to protect neighboring properties from the project.

5.

Type, Color and Texture of Materials.

(a)

Materials should be new and of first rate quality.

(b)

Materials should be selected for both their durability and beauty.

(c)

Colors of the materials for the project should be harmonious with only compatible accents.

(d)

A project that is obviously incongruous with its surroundings or unsightly and grotesque should be avoided.

(e)

A project whose design or color may be distracting to vehicular traffic so as to cause a safety hazard should be avoided.

6.

Vicinity Map.

(a)

The building layout should maximize the distance between buildings on the site and buildings on adjacent properties.

(b)

The building layout should maintain appropriate distances between buildings on the site itself.

(c)

The size, scale, and nature of a building or project should not be inconsistent with the planned village character for the area as expressed in the comprehensive plan. Nor shall such building or project cause a substantial depreciation in the property values of adjacent buildings, the neighborhood, or the village.

(d)

The project should not unduly detract from the natural environment of the site, adjacent properties, or the surrounding area.

These criteria are not intended to restrict imagination, innovations, or variety, but rather seek to preserve and enhance Long Grove's unique character.

(G)

Manuals and Guidelines. The architectural commission may from time to time provide for specific manuals or guidelines for architectural styles or common occurring buildings or site features and elements to assist owners for architectural review permits. Such manuals or guidelines shall be advisory only and shall bind neither the owner nor the architectural commission or the board of trustees with respect to any specific case.

(H)

Affidavit of Compliance with Conditions. Whenever an architectural review permit issued pursuant to this section is made subject to conditions to be met by the owner, the owner, upon meeting such conditions, shall file an affidavit with the building superintendent stating such compliance.

(I)

Limitation on Permits. An architectural review permit shall become null and void six months after the date on which it was issued unless within such period the work authorized by such certificate is commenced. An architectural review permit shall relate solely to the work shown on plans approved by the issuance of such permit and it shall be unlawful for any person to deviate from such plans without obtaining an amended permit in the same manner as herein provided for obtaining original permits.

(Ord. No. 2008-O-17, 5-13-2008; Ord. No. 2014-O-19, 9-22-2014)

(A)

Authority. The architectural board may, in accordance with the procedures and standards set out in this section, grant sign permits authorizing the construction and maintenance of signs subject to the regulations of section 5-9-5 of this title and the standards stated in this section.

(B)

Purpose. The sign regulations and standards set forth in this title are intended to protect the health, safety, and welfare of village residents by establishing specific conditions and limitations on development of all signs in the village. The sign permit process is designed to ensure that all such regulations and standards have been satisfied.

(C)

Parties Entitled to Seek Sign Permits. An application for a sign permit may be filed by the owner of, or any person having a contractual interest in, the lot on which the sign is proposed to be located.

(D)

Procedure.

1.

Application. Applications for sign permits shall be filed in accordance with the requirements of section 5-11-8 of this chapter.

2.

Review; Hearing Request. The building superintendent shall refer the application for an architectural review permit to the architectural board for a public hearing, which hearing shall be noticed and conducted by the architectural board in accordance with section 5-11-10 of this chapter.

3.

Action by Architectural Board. At the conclusion of the public hearing, the architectural board shall vote in public whether to approve, disapprove, or conditionally approve the application in the manner and form specified by section 5-11-4 of this chapter. The architectural board shall notify the owner in writing, by certified mail, return receipt requested, of the board's decision. Such notice shall state that the owner has the right to appeal the decision to the board of trustees.

(E)

Standards for Sign Permits. No sign permit shall be granted pursuant to this section unless the owner shall establish that:

1.

Visual Compatibility. The proposed sign will be visually compatible with the building on which the sign is proposed to be located and surrounding buildings and structures in terms of height, size, proportion, scale, materials, texture, colors, and shapes.

2.

Quality of Design and Construction. The proposed sign will be constructed and maintained with a design and materials of high quality and good relationship with the design and character of the neighborhood.

3.

Appropriateness to Activity. The proposed sign is appropriate to and necessary for the activity to which it pertains.

4.

Appropriateness to Site. The proposed sign will be appropriate to its location in terms of design, landscaping, and orientation on the site, and will not create a hazard to pedestrian or vehicular traffic, detract from the value or enjoyment of neighboring properties, or unduly increase the number of signs in the area.

(F)

Signage Bonus. Permanent signs that are incorporated into a comprehensive architectural design have the ability to obtain a maximum ten percent increased signage area bonus. The signage bonus, shall not exceed ten percent of the maximum allowed signage area and shall be determined by the architectural board. The comprehensive architectural design must include all building elevations and all proposed sign sizes, shapes, colors and verbiage. Any signage bonus request must be submitted for and include the entire lot. No signs will be permitted that do not conform to the comprehensive architectural design. The architectural board shall use the following criteria to approve any comprehensive architectural design:

1.

The proposed comprehensive sign/architectural package results in a facade and sign standard superior in appearance to the design permitted without approval of the package.

2.

The proposed comprehensive sign/architectural package results in signs that are more readable and produce less visual conflict.

3.

The signs and facade create a unified design in which signs are an integral part of the overall facade design.

4.

Franchise signs are made to conform to the comprehensive sign/architectural package in terms of size, shape and color. No signage bonus is permitted with any franchise signage exceptions from the above listed criteria.

(G)

Conditions on Sign Permits. The architectural board may impose such conditions and limitations concerning the construction and maintenance upon the grant of a sign permit as may be necessary or appropriate to ensure satisfaction of the standards set forth in this section and the purposes and objectives of this title and to minimize any adverse effects upon other lots in the vicinity. Such conditions shall be expressly set forth in the sign permit. Violation of any such condition or limitation shall be a violation of this title and shall constitute grounds for revocation of the sign permit.

(H)

Effect of Issuance of a Sign Permit. The grant of a sign permit shall not authorize construction or maintenance of any sign, but shall merely authorize the preparation, filing, and processing of applications for any other permits or approvals that may be required by the codes and ordinances of the village, including, but not limited to, a building permit and architectural review permit.

(I)

Permit Revocation. If the work authorized under the sign permit is not completed within three months after the issuance of said permit, the permit shall become null and void.

(J)

Assignability. No permit issued hereunder may be assigned or transferred.

(Ord. No. 2007-O-04, 4-24-2007)

(A)

Authority. The architectural board may, in accordance with the procedures and standards set out in this section, grant exterior lighting permits authorizing the construction and maintenance of exterior lighting subject to the regulations of section 5-9-9 of this title and the standards stated in this section.

(B)

Purpose. The lighting regulations and standards set forth in this title are intended to protect the health, safety, and welfare of village residents by establishing specific conditions and limitations on exterior lighting in the village. The exterior lighting permit process is designed to ensure that all such regulations and standards have been satisfied.

(C)

Parties Entitled to Seek Sign Permits. An application for an exterior lighting permit may be filed by the owner of, or any person having a contractual interest in, the lot on which the sign is proposed to be located.

(D)

Procedure.

1.

Application. Applications for exterior lighting permits shall be filed in accordance with the requirements of section 5-11-8 of this chapter.

2.

Review; Hearing Request. The building superintendent shall refer the application for an architectural review permit to the architectural board for a public hearing, which hearing shall be noticed and conducted by the architectural board in accordance with section 5-11-10 of this chapter.

3.

Action by Architectural Board. At the conclusion of the public hearing, the architectural board shall vote in public whether to approve, disapprove, or conditionally approve the application in the manner and form specified by section 5-11-4 of this chapter. The architectural board shall notify the owner in writing, by certified mail, return receipt requested, of the architectural board's decision. Such notice shall state that the owner has the right to appeal the decision to the board of trustees.

(E)

Standards for Exterior Lighting Permits. No exterior lighting permit shall be granted pursuant to this section unless the owner shall establish that:

1.

The exterior lighting complies with section 5-9-9 of this title;

2.

The style, location, height, and type of fixtures of the illumination system will be harmonious with existing uses in the vicinity of the site of the proposed illumination system;

3.

The illumination system will not generate light pollution.

(F)

Conditions on Exterior Lighting Permits. The architectural board may impose such conditions and limitations concerning the installation and maintenance upon the grant of an exterior lighting permit as may be necessary or appropriate to ensure satisfaction of the standards set forth in this section and the purposes and objectives of this title and to minimize any adverse effects upon other lots in the vicinity. Such conditions shall be expressly set forth in the exterior lighting permit. Violation of any such condition or limitation shall be a violation of this title and shall constitute grounds for revocation of the exterior lighting permit.

(Ord. No. 2007-O-04, 4-24-2007)

Upon finding the existence of any violation of this title, the building superintendent, village manager, or their designees (collectively referred to in this section and sections 5-11-23 through 5-11-25 of this chapter as "building superintendent") shall have the authority and duty to take or direct all actions necessary or appropriate to abate and redress such violation.

(Ord. No. 2007-O-04, 4-24-2007)

(A)

Stop and Cease and Desist Orders. Upon finding the existence of any violation of this title, the building superintendent shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it; specifically, the building superintendent shall order the discontinuance of any illegal use of land or structures, the removal of illegal structures, additions, or alterations, and the discontinuance of illegal work being done.

(B)

Legal Actions. in the enforcement of this title, the building superintendent shall exercise all the powers authorized by the statutes of the state of Illinois and village codes and ordinances to ensure compliance with, or to prevent or abate any violation of, the provisions of this title, and in particular shall, where necessary or appropriate, institute or cause to be instituted by the village attorney in the name of the village of Long Grove any and all actions, legal or equitable, including appeals, that may be required for the enforcement of this title.

(C)

Abatement; Liens. Where authorized by state statute, the building superintendent may order any work necessary to abate any violation of this title and shall assess the cost of such work to the lot owner. Upon the failure of the owner to pay such cost, the building superintendent shall file a lien for such costs and for all costs of collection against the lot in question.

(D)

Revocation of Rezonings, Permits, Variations, or Approvals. The violation of any provision of this title, or of any permit or approval granted pursuant to this title, or of any condition imposed pursuant to this title shall be grounds for the revocation of any rezoning, permit, variation, or approval granted pursuant to this title and affecting the lot involved in the violation. The building superintendent 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 title, the revocation shall be preceded by a similar public hearing.

(E)

Fines. in the enforcement of this title, the building superintendent shall, where necessary and appropriate, order the issuance and enforcement of citations to recover fines and penalties for the violation of this title as authorized by state law and this title.

(Ord. No. 2007-O-04, 4-24-2007)

Any person who shall violate, disobey, omit, neglect, or refuse to comply with, or who shall resist enforcement of, any provision of this title shall be subject to a fine of not less than $25.00 nor more than $750.00 for each offense; provided, however, that, if service of summons is made by certified mail pursuant to 65 ILCS 5/1-2-9.1, the maximum fine shall not exceed $200.00 for each offense. Each separate provision of this title that is not complied with shall constitute a separate violation. Each day a violation continues to exist shall constitute a separate offense.

(Ord. No. 2007-O-04, 4-24-2007)

Nothing in section 5-11-22 of this chapter through this section shall be interpreted to prevent any person entitled to relief in law or equity by reason of a violation of the provisions of this title from bringing an appropriate action to secure such relief.

(Ord. No. 2007-O-04, 4-24-2007)