To ensure that each new or expanded use of a structure or site and each new structure or alteration of an existing structure complies with all applicable provisions of this chapter, and in order that the village may have a record of each new or expanded use of a structure or site, a zoning permit is required before any building permit may be issued or any structure or site used; and a certificate of occupancy required by the village building ordinance shall be issued only for a structure that conforms with the zoning permit.

To ensure that each new sign subject to design review or requiring a sign permit and each enlargement or change in the design, lighting or movement of sign subject to design review or requiring a sign permit complies with all applicable provisions of this chapter, a zoning permit is required before the sign may be displayed or altered or before a sign permit may be issued.

Application for a zoning permit shall be made on a form prescribed by the planning and zoning commission and shall be accomplished by plans and additional information as necessary, in the opinion of the planning and zoning manager, to demonstrate conformity with this chapter. The planning and zoning manager shall check the application and all data submitted with it to see that all provisions of this chapter will be complied with.

(1)

The fee for a zoning permit is $5.00. (Ord. No. 45-92)

The village building official shall not issue building permits for signs or structures unless they conform to an approved zoning permit or a special use permit has been issued by the village planning and zoning manager. (Ord 14-98)

The village building official shall not issue a certificate of occupancy until all conditions of the zoning permit or special use permit are met.

(Ord. No. 14-98)

No permit shall be required with respect to land used or to be used for agricultural purposes, or with respect to the erection, maintenance, repair, alteration, remodeling or extension of buildings or structures used or to be used for agricultural purposes upon such land as set forth in chapter 34, section 3151, Illinois Revised Statutes, as amended [55 ILCS 5/5-12001].

Land proposed for development and controlled by the terms of this agreement shall be subject to the following procedures, standards and criteria concerning site development plan review, as applicable.

(1)

Approved plan, when required. Site development plan approval shall be required for multiple-family and nonresidential development in the R3, R4, CN, CC, CG, OF, IL, IG, or the IH zoning district under the following intended situations:

(a)

The construction of any new principal structure intended and designed for nonresidential or multifamily occupancy or the use of land for non-residential purposes.

(b)

The construction of any new or modified building and/or site improvements for a zoning lot which has previously received site development plan approval under this agreement, re-approval of the plan is required for components of the plan which depart from the approved site development plan. The extent of changes to be incorporated in the submittal for re-approval shall be determined by the director of community development.

(c)

The construction of new sidewalks, or the removal and/or replacement of existing sidewalks, pedestrian walkways, or any area(s) of existing parking lot(s) and/or pedestrian walkways that require conformance with the Americans with Disabilities Act Standards for Accessibility Design.

(d)

A site development plan shall not be required for a change of use except where such change of use results in increased off-street parking requirements which cannot currently be met by current parking and circulation improvements.

(e)

A site development plan shall be required along with any application for a special use permit for any non-residential or multifamily development.

(2)

Initiation. Plan approval shall be initiated by the owner of the property, or a duly authorized representative of the owner, for which plan approval is sought.

(3)

Procedure for initiation.

(a)

The owner of property, or a duly authorized representative of the owner, for which a building permit is sought (requiring site development plan approval under section (1) above) and which development has not been approved under the requirements of this section, shall file an application for site development plan approval along with an application for such zoning permit or building permit.

(b)

The owner of the property, or a duly authorized representative of the owner, for which a special use permit is sought (requiring site development plan approval under section (1) above) shall file an application for site development plan approval along with such application for a special use permit.

(c)

The owner of the property, or a duly authorized representative of the owner, shall file an application for site development plan approval with the community development department. It shall be accompanied by a nonrefundable fee, to be the same fee as that otherwise required for a special use permit under the zoning ordinance, and shall contain the following information:

(i)

Name, address and telephone number of the applicant including the name and address of each person or entity owning an interest in the property. The application shall include the signature of the owner(s).

(ii)

A site development plan of the size and containing the information required under section (4) below.

(4)

Contents of a site development plan application. Applications shall include the following information and materials. For development proposals which have received prior site development plan approval, the director of community development is authorized to waive requirements in this sections which are not affected by or do not apply to the proposed change:

(a)

Site development plan application.

(i)

A completed application form provided by the community development department.

(ii)

Each application shall include eight copies of all full-sized documents and drawings. For all graphic and plan drawings, a scale of not less than one inch equals 100 feet shall be used. Individual sheets or drawings should not exceed 30 inches by 42 inches.

(iii)

The names and addresses of the persons responsible for preparing the plan, or plan components.

(iv)

The present zoning of the site and adjoining property.

(v)

A plat of survey.

(vi)

Other information that may reasonably be required by the community development department to reasonably understand and evaluate the proposed plan as the case may be, which may include a traffic study.

(b)

An existing conditions map shall show the location, dimensions, size and height of the following, as applicable:

(i)

Sidewalks, streets, alleys, easements and utilities, including street lighting and underground conduits for street lighting.

(ii)

Buildings and structures.

(iii)

Septic fields, wells and public sewer and water systems.

(iv)

Slopes, particularly slopes specifically in excess of ten percent, and terraces and retaining walls.

(v)

Driveways, entrances, exits, parking areas and sidewalks.

(vi)

Water mains and fire hydrants.

(vii)

Natural and artificial watercourses and bodies of water and wetlands.

(viii)

Limits of flood plains.

(ix)

Significant geological features, if any.

(x)

Areas that can reasonably be expected to or which do contain soils or materials contaminated with but not limited to heavy metals, petroleum products, PCBs, pesticides, fly ash, or other toxic or hazardous materials.

(xi)

Underground storage tanks, if any.

(xii)

The topography of existing ground and paved areas, and elevations of streets, alleys, utilities, sanitary and storm sewers, buildings and structures. Topography is to be shown by dashed lines illustrating one foot standard contour intervals and by spot elevations where necessary to indicate flat areas.

(xiii)

General alignment and lengths of all streets and all property lines.

(xiv)

All building restriction lines, highway setback lines, easements, covenants, reservations and rights-of-way.

(xv)

Date, scale and north point.

(c)

A separate site development plan shall be prepared to show the following regarding the proposed development:

(i)

For a site development plan which includes any existing structures or other improvements, an indication of those improvements that are to remain and those which will be removed.

(ii)

Sidewalks, streets, alleys, easements and utilities, including street lighting and underground conduits for street lighting.

(iii)

Buildings and structures with entrances and exits identified.

(iv)

Utility plan for water and for sewage disposal.

(v)

Slopes, terraces and retaining walls.

(vi)

Driveways, entrances, exits, parking areas and sidewalks.

(vii)

Water mains and fire hydrants.

(viii)

Erosion control methods.

(ix)

Natural and artificial watercourses and bodies of water and wetlands.

(x)

Distances between buildings.

(xi)

Calculations of the following, as applicable:

(a)

Number of dwelling units or square footage of non-residential uses;

(b)

Number of parking spaces;

(c)

Number of loading spaces;

(d)

Total land area

(e)

Total landscaped area

(f)

Total open space

(g)

Total impervious surface

(xii)

Tentative plans for collecting and depositing storm water and the method of treatment of natural and artificial watercourses, including a delineation of existing and/or proposed limits of flood plains, if any. Plans shall indicate the direction of anticipated sheet flow using directional arrows.

(xiii)

Preliminary engineering plans in sufficient detail to indicate proposed grading, surface drainage, terraces, retaining wall heights, grades on paved areas and ground floor elevations of proposed buildings and structures, shown by two foot contours and approximate elevations.

(xiv)

A landscape plan indicating landscaping improvements required under the Machesney Park Zoning Ordinance, article XV, section Z-65(7)(c).

(xv)

Street lighting, if applicable.

(xvi)

Any locations intended for the outdoor display or storage of goods and merchandise.

(xvii)

Plans to remediate, remove, or control on site any contaminated soils, materials, underground storage tanks, combustible gases, or old landfills, dumps or disposal areas.

(xviii)

A light plan indicating all exterior building mounted and free-standing lights and structures including overall height, type of lamp, luminaries, and a statement that such lighting plan will meet the requirements of the zoning ordinance.

(xix)

Exterior building elevations of all proposed structures and exterior elevations of existing buildings when existing building are proposed to be structurally altered. Elevations shall indicate the materials to be used in the design of the structure and the proposed color scheme.

(xx)

Elevations of proposed free-standing signs as well as the intended sign message/display and the materials and colors intended for the sign. Typical elevations shall be provided for wall mounted signs including renderings of all sign faces; views of supporting members, poles, bases and pedestals; side views which indicate both signage depth and projections; method of illumination, materials indications, and dimensions of all sign elements.

(d)

Combined existing conditions map and site development plan. The requirements for each the existing conditions map and site development plan under subsections 2 and 3 [(4)(b) and c)] above may be combined in a single map upon approval by the director of community development.

(5)

Agreement of owner. All documents and information submitted as part of an application for site development plan approval constitute a statement by the applicant that he intends and agrees to be bound to develop in accord with such information upon approval.

(6)

Notice requirements. Site development plans do not require any form of public notice, however a site development plan application concurrently filed with an application for a special use permit shall state that site development plan approval is sought as part of the public notice in addition to the requested special use permit.

(7)

Procedures for decisions. Depending upon the proposed action, site development plans shall be considered under one of the following procedures:

(a)

Plans associated with special use permits. Plans which are filed with an application for a special use permit shall be processed as a part of the special use permit under the procedures and requirements of the Machesney Park Zoning Ordinance. All other site development plans shall be approved under the following procedure.

(b)

Plans associated with zoning permits or building permits. Within 30 days of the date of application (unless otherwise extended to a mutually agreeable date), the director of community development shall approve or deny site development plans in accord with these requirements. In rendering a decision to approve or deny a site development plan, the director of community development may seek and rely on information and opinions provided by Village of Machesney Park officials, and other professionals, including, but not limited to, the planning and zoning manager, village engineer, director of public works, and village attorney.

Should an owner be aggrieved of any decision in the approval or denial of a site development plan by the community development coordinator, the decision may be appealed to the village board of trustees for reconsideration. The village board of trustees may, by simple majority vote, move to either sustain or reverse the action by the community development coordinator. Any decision reversing the action of the community development coordinator shall provide the reasons for such action and any appropriate conditions.

(8)

Criteria for plans. In reviewing and determining whether to approve or disapprove a site development plan, the director of community development and the village board, as applicable, shall consider the criteria listed below, as appropriate:

(a)

Conformance with ordinances. The application shall comply with the provisions of this ordinance and other ordinances of the village and of any other applicable laws.

(b)

Comprehensive plan. The plan shall be in reasonable conformity with the comprehensive plan and any specific recommendations associated or related to the subject property.

(c)

Land-use compatibility and integration. The overall design integrates neighborhood and site characteristics into a compatible expression of building mass, building scale, circulation and site improvements.

(d)

Minimize impacts to surrounding land uses. The spatial and functional design minimizes the potential impacts of noise, light, debris, and other undesirable effects of development upon adjoining properties and the area in general.

(e)

Architectural innovation. The plan is innovative in the design of structures by varying vertical and horizontal planes of building façades and makes creative use of building materials in establishing an overall architectural "theme" for the development.

(f)

Signage. Signage is designed compatible in scale and character with the overall development.

(g)

Site access. Access to the site is designed to safely and efficiently facilitate ingress and egress. The use of shared curb-cuts and cross-access easements should be provided when appropriate. One curb cut per site shall be allowed, unless documentation is provided demonstrating the need for additional curb-cuts.

(h)

Vehicle circulation and parking. Adequate provision has been made for traffic circulation, which is coordinated with, and minimizes impacts to the adjoining street system. The plan should also demonstrate the provision of safe and convenient off-street parking and loading areas. When appropriate, cross-access easements should be provided between adjoining properties to allow for expanded on-site circulation of vehicles.

(i)

Pedestrian circulation. Adequate provision has been made to ensure that the development will not create hazards to the safety of pedestrian traffic on or off the site, disjointed vehicular or pedestrian circulation paths, or undue interference and inconvenience pedestrian travel.

(j)

Utilities and community facilities. Reasonable provision has been made to ensure that development will be served by essential public facilities and services such as police and fire protection, drainage structures, refuse disposal, public water supply, wastewater collection, and related facilities.

(k)

Screening and landscaping. The arrangement and selection of landscaping materials should reinforce functional use areas of the site as well as add natural beauty. Screening in the form of fences, walls and landscaping should minimize the potential for nuisance impacts to surround properties.

(l)

Lighting. On-site lighting shall provide for adequate illumination for vehicle and pedestrian safety. Lighting should not be permitted to illuminate adjoining properties.

(m)

Detention and retention facilities. When appropriate, detention and retention facilities should be designed to provide for shared storage between properties. Detention and retention facilities should be appropriate landscaped.

The director of community development and the village board, as applicable, shall not unreasonably or capriciously disapprove a site development plan which conforms to the following: the Village of Machesney Park Zoning Ordinance; the Village of Machesney Park Comprehensive Plan; the Village of Machesney Park Subdivision Ordinance; the Village of Machesney Park Building Codes Ordinance; the Village of Machesney Park Storm Water Detention Regulation; and, any and all other Village ordinances which are clearly and reasonably applicable to the site development plan.

(9)

Conditions on plans. The approving authority may impose reasonable conditions in granting plan approval to minimize any negative impacts or minimize any adverse impacts due to the development.

(10)

Modifications of plans. Changes to site development plans require reconsideration and re-approval under the appropriate procedure.

(11)

Lapse of approval. Unless extended by the approving authority, and unless a building permit has been issued and construction commenced, site development plan approval shall automatically lapse one year after the date of approval of the plan.

(Ord. No. 5-97; Ord. No. 16-23, §§ 1, 2, 4-3-2023)