Mettawa City Zoning Code
ARTICLE XI
ZONING ADMINISTRATION
SECTION 15.1101. ZONING OFFICIALS.
A. Village Board. The Village Board has the following specific powers, pursuant to this Chapter:
1. To make final decisions on zoning text and map amendments.
2. To make final decisions on special use permits.
3. To make final decisions on variations.
4. To make final decisions on planned unit developments.
B. Zoning, Planning, and Appeals Commission. The Zoning, Planning, and Appeals Commission has the following specific powers, pursuant to this Chapter:
1. To make recommendations on zoning text and map amendments.
2. To make recommendations on special use permits.
3. To make recommendations on variations.
4. To make final decisions on zoning appeals of Zoning Administrator decisions.
5. To make recommendations on planned unit developments.
C. Zoning Administrator.
1. Designation. The Director of Building and Zoning of the Village of Mettawa serves ex officio as the head of the office of the Zoning Administrator and is referred to as the Zoning Administrator.
2. Powers and Duties. The Zoning Administrator, or his/her designee, has the following specific powers and duties, pursuant to this Chapter:
a. To review and make final decisions on applications for zoning certificates.
b. To review and make final decisions on applications for occupancy certificates.
c. To conduct inspections of structures or the use of land to determine compliance with this Chapter and, in the case of any violation, to notify in writing the person or persons responsible, specifying the violation and order a corrective action.
d. To maintain in current status the Official Zoning Map.
e. To maintain permanent and current records required by this Chapter including, but not limited to, zoning certificates, inspections, and all official action on appeals, variations, and amendments.
f. To prepare and have available in book, pamphlet, or map form, on or before March 31 of each year:
i. The compiled text of the Zoning Ordinance, including all amendments thereto through the preceding December 31.
ii. A zoning map or maps, showing the zoning districts, divisions, and classifications in effect on the preceding December 31.
g. To notify applicable officials of the Village as to pending matters and from time-to-time coordinate and arrange, under the auspices of the Village President, meetings between developers, builders, etc., and administrative officials of the Village of Mettawa to facilitate the solving of engineering, layout, and design problems prior to hearings before the Zoning, Planning, and Appeals Commission.
h. To maintain for distribution to the public a supply of the rules and bylaws of the Zoning, Planning, and Appeals Commission.
i. To accept applications for public hearings before the Zoning, Planning, and Appeals Commission and to forward same to the Office of the Village Clerk for processing and publication of proper legal notice.
D. Restrictions on Zoning Official. No official or employee responsible for the enforcing of this Chapter may engage directly or indirectly in the construction industry or the building professions, or in any type of gainful employment or business that conflicts with such official's duties or the interests of the business incorporated in this Chapter.
(Ord. 885, passed 11-21-2023)
SECTION 15.1102. PERMIT.
A. No application for a building permit, certificate of use or occupancy, or other permit or license may be approved by the Zoning Administrator which would authorize the use or a change in use of any building or land contrary to the provisions of this Chapter, or the construction, moving, alteration, enlargement, or occupancy of any building designed or intended to be used for a purpose or in a manner contrary to the provisions of this Chapter.
B. No permit may be issued:
1. When an appeal is pending before the Zoning, Planning, and Appeals Commission.
2. While a recommendation of the Zoning, Planning, and Appeals Commission may be pending before the Village Board.
3. While litigation is pending in any court challenging the Village's actions.
4. During the time within which such appeal from a court's action can lawfully be taken.
C. However, the Zoning Administrator may certify to the Village Board after the notice of appeal has been filed, by the reason of facts stated in the certificate, a stay would, in his/her opinion, cause imminent peril to life or property. In this event, the proceedings cannot be stayed other than by a restraining order entered by a court of competent jurisdiction on due cause shown.
(Ord. 885, passed 11-21-2023)
SECTION 15.1103. APPLICATION PROCESSES GENERALLY.
A. Applications.
1. Filing and Optional Pre-Application Conference.
a. All zoning applications must be filed with the Village Clerk with a copy submitted to the Zoning Administrator. The application must be on forms provided by the Village and filed in such quantity as required by the instructions.
b. Prior to formal submittal of an application, a pre-application conference with the Zoning Administrator is optional. The purpose of the pre-application conference, which does not require a formal application or fees, is to provide informal advice and assistance to the applicant. Any opinions or advice provided are not binding with respect to any official action that may be taken on the appiication. Certain applications may require a pre-application conference.
2. Completeness.
a. The application must include all information, plans, and data as specified in the application requirements. Any required plans must be at a scale sufficient to permit a clear and precise understanding of the proposal, unless specifically required to be at a set scale.
b. The Zoning Administrator will examine all applications to determine completeness. If the application does not include all the submittal requirements for the application, the Zoning Administrator will reject the application and provide the applicant with the reasons for the rejection. The Zoning Administrator will take no further steps to process the application until all deficiencies are remedied.
c. After an application is determined to be complete, any substantive change made by the applicant to the application requires resubmittal of the entire application and a new completeness review. However, such revisions do not require an additional payment of fees. However, once the application is under consideration by the appropriate body, additional information or revisions requested during review do not constitute a change to the application.
3. Withdrawal of Application. An applicant has the right to withdraw an application at any time prior to the final decision on the application by a board or official, including the ability to withdraw the application if it has been tabled. The applicant must submit a request for withdrawal in writing. There will be no refund of fees.
4. Consideration of Successive Applications.
a. Within one year of the date of denial, a subsequent application for the same zoning approval will not be reviewed or heard unless the applicant can show there is substantial new evidence available or that changed circumstances exist.
b. If the application is resubmitted earlier than one year from the date of denial, the subsequent application must include a detailed statement of the grounds justifying its consideration. The Zoning Administrator will make a determination as to whether the subsequent application is appropriate for resubmittal prior to the expiration of the one year wait requirement. If the Zoning Administrator finds that there are no new grounds for consideration of the subsequent application, he/she will summarily, and without hearing, deny the request.
5. Fees. Payment of filing fees are required in accordance with the Comprehensive Fee Schedule adopted by the Village Board.
B. Notice.
1. Required Notice. Table 11-1: Required Notice indicates the types of notice required for zoning applications. Item 5 below also describes a courtesy notice for public hearing that may be provided by the Village.
Zoning Application
|
Notice Type | ||
Published | Mailed | Posted on Property | |
Zoning Text Amendment Notice for Public Hearing | X | ||
Zoning Map Amendment Notice for Public Hearing | X | X | X |
Zoning Map Amendment - Comprehensive Zoning Map Amendment Initiated by the Village Notice for Public Hearing | X | ||
Special Use Notice for Public Hearing | X | X | X |
Variation Notice for Public Hearing | X | X | X |
Zoning Appeals Notice for Public Hearing | X | ||
2. Published Notice. When published notice is required in Table 11-1, the Village Clerk will publish notice in one or more newspapers published in the Village or, if no newspaper is published within the Village, then in one or more newspapers with a general circulation within the Village. The notice must include the date, time, place, and purpose of such hearing, and the common address and Parcel Identification Number (PIN) of the subject property. Notice must be published no less than 15 days and no more than 30 days in advance of the scheduled hearing date.
3. Mailed Notice. When mailed notice is required in Table 11-1, the applicant is responsible for the mailing, by regular U.S. Mail, as described below, and must furnish the Village Clerk an affidavit that such notices were mailed prior to the date of the hearing.
a. Written notice must be mailed no less than 15 and no more than 30 days in advance of the scheduled hearing date to all taxpayers of record of property laying within 1,000 feet of the subject property.
b. Distance is measured from the property line in each direction from the subject property. All roads, streets, and other public ways are excluded from the distance requirements.
c. The notice must include the date, time, place, and purpose of such hearing, and the common address and Parcel identification Number (PIN) of the subject property.
d. Nothing in this section is intended to prevent the applicant or the Village from giving additional notice as he/she may deem appropriate.
e. If the taxpayer of record of any property on which notice is to be sent cannot be found at his/her last known address, the notice requirements are deemed satisfied.
4. Posted Notice. When posted notice is required in Table 11-1, it must be located on the subject property in accordance with the following provisions:
a. The required posting period must be no less than 15 days and no more than 30 days in advance of the scheduled hearing date.
b. The sign must be posted at a prominent location on the property, near the sidewalk or public or private right-of-way so that it is visible to pedestrians and motorists. Properties with more than one street frontage are required to post one sign visible on each street frontage.
c. The sign must include the date, time, place, and purpose of the public hearing.
d. The Village will install the sign during the required posting period.
5. Website/Email Public Hearing Courtesy Notice.
a. The Zoning Administrator will coordinate with the Village Clerk to post notice to the Village website and to send email notification to a Village-maintained email list regarding public hearings conducted by the Zoning, Planning, and Appeals Commission.
b. Public hearing notice will be posted to the Village website if the Village maintains a website at least 15 days before the public hearing.
c. Public hearing notice will be emailed to recipients on an email list maintained by the Village if the Village maintains such an email list at least 15 days before the public hearing.
d. Such notice is a courtesy notice not required by State law. The unavailability of such applications or notices on the Village's website, or the failure to send or receive such emails, as described above, does not invalidate, impair, or otherwise effect any approval granted following a public hearing. Website and email notice, as described above, are for the convenience of the public and not a jurisdictional prerequisite to the Zoning, Planning, and Appeals Commission's public hearing and recommendation, or for the Village Board's decision on any application.
C. Public Hearing.
1. Examination of Documents. Upon receipt by the Zoning Administrator of an application that requires a public hearing, the Zoning Administrator will assign a case and/or docket number to the application and maintain a file for such. The file will be open to the public for inspection during regular business hours. All documents pertinent to the case (application, legal notice, evidence, exhibits, transcript or record of proceedings, etc.) will be placed in said file by the Zoning Administrator.
2. Conduct of the Public Hearing.
a. The public hearing must be conducted in accordance with all applicable requirements of Illinois law and the rules and regulations of the body conducting the hearing.
b. Any party in interest may appear and be heard at a public hearing held for an application, and such appearance may be made in person, by agent (if a corporation), or by attorney.
3. Continuances. The body conducting the hearing may continue a public hearing. No new notice is required to reopen the public hearing if the hearing is continued to a date specific, provided that a public announcement of the future date, time, and place of the continued hearing is made at the current hearing and recorded in the minutes. If the hearing is adjourned, rather than continued to a date specified, in order to reopen the hearing all notice must be given that would have been required for the initial public hearing.
(Ord. 885, passed 11-21-2023)
SECTION 15.1104. ZONING TEXT AND MAP AMENDMENTS.
A. Purpose. The regulations imposed and the districts created by this Chapter may be amended from time to time in accordance with this section. This process for amending the Zoning Ordinance text or the Official Zoning Map is intended to allow modifications in response to omissions or errors, changed conditions, or changes in Village policy. Amendments are not intended to relieve particular hardships or confer special privileges or rights upon any person or party.
B. Initiation. Amendments to this Chapter may be initiated by the Village Board, the Village President, the Zoning, Planning, and Appeals Commission, any Village property owner or his/her authorized designee(s), or by any interested citizen of the Village of Mettawa.
C. Authority. The Village Board, after receiving a recommendation from the Zoning, Planning, and Appeals Commission, will take formal action on requests for zoning text and map amendments.
D. Procedure. All applications must be filed with the Village Clerk in accordance with Section 15.1103.
1. Action by the Zoning, Planning, and Appeals Commission.
a. After receipt of a complete application, the Zoning, Planning, and Appeals Commission will consider the proposed application at a public hearing. Notice for the public hearing must be in accordance with Section 15.1103.
b. Within 45 days of the close of the public hearing, the Zoning, Planning, and Appeals Commission will prepare findings of fact and make its recommendation with respect to the proposed amendment and forward their findings and recommendation to the Village Board, as well as the Village Clerk and Zoning Administrator.
c. If, at the expiration of such 45 days, the Zoning, Planning, and Appeals Commission has not made findings and a recommendation, it is concluded that the Zoning, Planning, and Appeals Commission has made negative findings and has recommended denial of the proposed amendment.
d. The Zoning, Planning, and Appeals Commission must evaluate the application based upon the evidence presented at the public hearing, pursuant to the approval standards of this section. For zoning text amendments, the Zoning, Planning, and Appeals Commission must recommend approval, approval with modifications, or denial of the application. For zoning map amendments, the Zoning, Planning, and Appeals Commission must recommend approval or denial of the application.
2. Action by the Village Board.
a. The Village Board must act on the application within 180 days of receipt of the Zoning, Planning, and Appeals Commission's findings and recommendation. If, at the expiration of 180 days, the Village Board has not acted, the application is denied.
b. The following applies to when an application has been referred to a committee of the Village Board:
i. Whenever the findings and recommendations of the Zoning, Planning, and Appeals Commission have been referred to any committee of the Village Board, the committee must make its report to the Village Board within 160 days of the date that the findings and recommendations are referred to it.
ii. If the committee does not make its report within 160 days, then the Village President will discharge the said committee from further responsibility in consideration of the said findings and recommendations and place the application for such proposed amendment on the agenda of the next regular meeting of the Village Board.
c. The Village Board must take action in the form of approval, approval with modifications, or denial on applications for zoning text amendments, and approval or denial on applications for zoning map amendments.
d. No amendments may be proposed within six months of the date of adoption of the Official Comprehensive Plan for the Village of Mettawa by the Village Board unless such amendment is approved by a favorable vote of two-thirds of all of the members of the Village Board then holding office.
E. Approval Standards. The Zoning, Planning, and Appeals Commission recommendation and the Village Board decision on any zoning text or map amendment is a matter of legislative discretion. In making their recommendation and decision, the Zoning, Planning, and Appeals Commission and the Village Board considers the following standards. The approval of an application is based on a balancing of these standards.
1. Approval Standards for Map Amendments.
a. The consistency of the proposed amendment with the Comprehensive Plan.
b. The compatibility with the existing use and zoning of nearby property.
c. The extent to which the proposed amendment promotes the public health, safety, and welfare of the Village.
d. The relative gain to the public, as compared to the hardship imposed upon the applicant.
e. The suitability of the subject property for the purposes for which it is presently zoned.
f. The length of time that the subject property in question has been vacant, as presently zoned, considered in the context of development in the area where the property is located.
g. The extent to which the proposed amendment creates nonconformities.
2. Approval Standards for Text Amendments.
a. The consistency of the proposed amendment with the Comprehensive Plan.
b. The extent to which the proposed amendment promotes the public health, safety, and welfare of the Village.
c. Whether the proposed amendment corrects an error or omission, adds clarification to existing requirements, or reflects a change in policy.
d. The extent to which the proposed amendment creates nonconformities.
F. Protest. In case of a written protest against any proposed map amendment, signed and acknowledged by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjacent, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, is filed with the Village Clerk, the proposed amendment cannot be passed except by a favorable vote of two-thirds of all of the members of the Village Board then holding office.
(Ord. 885, passed 11-21-2023)
SECTION 15.1105. SPECIAL USE.
A. Purpose. The development and execution of this Chapter is based upon the division of the Village into zoning districts, within which the use of land and buildings, and the bulk and location of buildings and structures in relation to land, are substantially uniform. It is recognized, however, that there are specific uses which, because of their unique characteristics cannot be properly classified in any particular district or districts without consideration in each individual case of the impact of those special uses upon neighboring land and of the public need for that particular special use at that particular location. Such uses may be either public or private and are of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
B. Initiation. Special uses may be initiated by any Village property owner or his/her authorized designee(s).
C. Authority. The Village Board, after receiving a recommendation from the Zoning, Planning, and Appeals Commission, will take formal action on requests for special uses.
D. Procedure. All applications must be filed with the Village Clerk in accordance with Section 15.1103.
1. Action by the Zoning, Planning, and Appeals Commission.
a. After receipt of a complete application, the Zoning, Planning, and Appeals Commission will consider the proposed application at a public hearing. Notice for the public hearing must be in accordance with Section 15.1103.
b. The Zoning, Planning, and Appeals Commission will review the following regarding the special use application: site plan, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, street access, traffic generation and circulation, drainage, sanitary and storm sewer, water systems, landscaping, park requirements and proposed operation. The Zoning, Planning and Appeals Commission will also review conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, lighting, fencing, planting screens, hours of operation, traffic improvements, deed restrictions, increased yards, or parking requirements.
c. The Zoning, Planning, and Appeals Commission must evaluate the application based upon the evidence presented at the public hearing, pursuant to the approval standards of this section. The Zoning, Planning, and Appeals Commission must recommend approval, approval with conditions, or denial of the application.
d. Within 45 days of the close of the public hearing, the Zoning, Planning, and Appeals Commission will prepare findings of fact and make its recommendation with respect to the proposed special use and forward their findings and recommendation to the Village Board, as well as the Village Clerk and Zoning Administrator.
e. If, at the expiration of such 45 days, the Zoning, Planning, and Appeals Commission has not made findings and a recommendation, it is concluded that the Zoning, Planning, and Appeals Commission has made negative findings and has recommended denial of the special use.
2. Action by the Village Board.
a. The Village Board is authorized to take action to approve by ordinance or deny the application for special use approval, following receipt of the Zoning, Planning, and Appeals Commission recommendations. Ordinances regarding special use approvals must make reference to a site plan attached to the ordinance. The Village Board may refer the matter back to the Zoning, Planning, and Appeals Commission for further consideration.
b. The Village Board must take action in the form of approval, approval with conditions, or denial, on special use applications. If an application for a proposed special use is not acted upon finally by the Village Board within 180 days of the date upon which the findings and recommendations of the Zoning, Planning, and Appeals Commission are filed with the Board, it is deemed denied.
c. In the event the Zoning, Planning, and Appeals Commission recommends against the special use permit, then authority for issuance of the special use permit requires the favorable vote of a majority of all of the members of the Village Board.
d. The terms and conditions of a granted special use will be specifically set forth within the ordinance approving the special use permit. No special use can be conducted in violation of the terms and conditions of the ordinance approving the special use permit.
E. Approval Standards. The Zoning, Planning, and Appeals Commission recommendation and the Village Board decision on a special use will be based upon consideration of the following standards:
1. The special use will serve the public convenience at the location of the subject property and that the establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, or welfare.
2. The location and size of the special use, the nature and intensity of the operation involved in or conducted in connection with said special use, the size of the subject property in relation to such special use, and the location of the site with respect to streets given access to it, is such that it will be in harmony with the appropriate, orderly development of the district in which it is located and will not alter the essential character of the locality where it will be located.
3. That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity of the subject property for the purposes already permitted in such zoning district, nor substantially diminish and impair other property valuations within the neighborhood.
4. The nature, location, and size of the buildings or structures involved with the establishment of the special use will not impede, substantially hinder, or discourage the orderly development and use of adjacent land and buildings.
5. Adequate utilities, access streets, drainage, and/or other necessary facilities have been or will be provided,
6. Parking areas are of adequate size for the particular special use and are properly located and suitably screened from adjoining residential uses. The entrance and exit driveways to and from these parking areas must be designed so as to prevent traffic hazards, eliminate nuisance, and minimize traffic congestion in the public streets.
7. The special use conforms to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified as provided by this Chapter.
F. Other Requirements. When the zoning district regulations authorize a special use in a particular zoning district and that special use has additional standards set forth, a special use permit cannot be recommended or granted unless the applicant establishes compliance with all such standards.
G. Conditions.
1. The Zoning, Planning, and Appeals Commission may impose conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the special use as deemed necessary for the protection of the public health, safety, and welfare, which will be contained within the ordinance granting the special use permit.
2. All special uses granted by the Village Board, as the case may be, are hereby amended as a matter of law to include the following text, whether or not such text was included in the special use granted. In the event of any conflict between the terms of a special use and the terms of the following text, the following text controls and supersedes any conflicting term in the special use: That the failure of any owner of the subject property to comply strictly with any one or more of the conditions contained in this Chapter will cause, unless cured by the owner upon 14 days of notice from the Village, or some other greater time period set by the Village in the notice, a revocation of the special use permit issued hereby as well as every other permit and/or license issued by the Village of Mettawa by reason of the adoption of this Chapter upon expiration of the cure period set forth herein.
H. No Presumption of Approval. The listing of a use as a special use within a zoning district does not constitute an assurance or presumption that such special use will be approved. Rather, each proposed special use is evaluated on an individual basis, in relation to all applicable standards of this Code. Such evaluation will determine whether approval of the special use is appropriate at the particular location and in the particular manner proposed. The burden is on the applicant to establish that the special use requested is appropriate at the particular location and in the particular manner proposed.
I. Expiration. The following special use expiration provisions apply only to special uses approved on or after November 21, 2023. A special use approval expires if any one of the following conditions occurs and no request for an extension of the special use approval is pending.
1. When an approved special use is changed to another use.
2. For special uses granted in conjunction with new construction or additions or enlargements to an existing structure, the special use approval expires within 12 months of the date of approval is a building permit has not been filed. Further, the special use expires if construction has not begun within 15 months of the date of approval and completed within 24 months of the date of approval. The Village Board may approve an extension of these periods of validity if the applicant applies in writing for an extension of time a minimum of four weeks prior to the date of expiration.
3. For special uses within existing structures or on lots where no structure is planned, the special use approval expires 12 months of the date of approval if any licenses or permits required for the operation or maintenance of the use have not been obtained.
J. Revision. Any proposed change in the authorizing ordinance, conditions, or restrictions, or site plan alterations that involve building size or integral changes to the design and location of proposed site elements, constitutes a request for special use revision. These changes must be submitted to the Zoning, Planning, and Appeals Commission who will make findings of fact and recommendations that will be transmitted to the Village Board for their approval. Minor site plan additions or changes must be submitted to the Zoning, Planning, and Appeals Commission for site plan review approval. The decision to process site plan additions or changes as a special use revision will be the responsibility of the Zoning, Planning, and Appeals Commission.
K. Revocation.
1. The Village Board, after public hearing, may revoke the special use permit at any time if it is not in compliance with the conditions imposed or if there has been substantial change in the development without prior written approval of said changes by the Zoning, Planning, and Appeals Commission.
2. A public hearing shall be held before the Village Board prior to any revocation of special use. A notice of such public hearing must be published at least once, not more than 30 nor less than 15 days before the hearing, in a newspaper of general circulation in the Village. The notice must contain the date, time, and place of hearing, the street address or common description of the property involved, and a brief statement of the violation alleged to have occurred. Written notice must also be sent, postage prepaid, to the last known address of the possessor of the special use permit.
(Ord. 885, passed 11-21-2023)
SECTION 15.1106. VARIATION.
A. Purpose. The purpose of the variation process is to provide a narrowly circumscribed means by which relief may be granted from unforeseen applications of this Chapter that create practical difficulties or particular hardships.
B. Initiation. A variation may be initiated by any Village property owner or his/her authorized designee(s). A property owner or his/her designee may only propose a variation for property under his/her control.
C. Authority. The Village Board, after receiving a recommendation from the Zoning, Planning, and Appeals Commission, will take formal action on requests for variations.
D. Limitations. Variations to allow a use within a district that is not allowed as either a permitted or special use (use variations) are prohibited.
E. Procedure. All applications must be filed with the Village Clerk in accordance with Section 15.1103.
1. Action by the Zoning, Planning, and Appeals Commission.
a. After receipt of a complete application, the Zoning, Planning, and Appeals Commission will consider the proposed application at a public hearing. Notice for the public hearing must be in accordance with Section 15.1103.
b. The Zoning, Planning, and Appeals Commission must evaluate the application based upon the evidence presented at the public hearing, pursuant to the approval standards of this section. The Zoning, Planning, and Appeals Commission must recommend approval, approval with conditions, or denial of the application.
c. Within 45 days of the close of the public hearing, the Zoning, Planning, and Appeals Commission will prepare findings of fact and make its recommendation with respect to the proposed variation and forward their findings and recommendation to the Village Board, as well as the Village Clerk and Zoning Administrator.
d. If, at the expiration of such 45 days, the Zoning, Planning, and Appeals Commission has not made findings and a recommendation, it is concluded that the Zoning, Planning, and Appeals Commission has made negative findings and has recommended denial of the variation.
2. Action by the Village Board. Following receipt of the Zoning, Planning, and Appeals Commission recommendation, the Village Board must take action in the form of approval, approval with conditions, or denial on variation applications. If an application for a proposed variation is not acted upon finally by the Village Board within 180 days of the date upon which the findings and recommendations of the Zoning, Planning, and Appeals Commission are filed with the Board, it is deemed denied.
F. Approval Standards. The Zoning, Planning, and Appeals Commission recommendation and the Village Board decision must make findings to support each of the following:
1. The strict application of the terms of this Chapter will result in hardship unless the specific relief requested is granted.
2. The particular physical surroundings, shape, or topographical conditions of the specific property impose a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.
3. The plight of the owner is due to unique circumstances that do not apply to a majority of adjoining or nearby property and is not a self-created hardship.
4. The relief requested is the minimum necessary to eliminate the hardship.
5. The variation, if granted, will not alter the essential character of the locality.
G. Conditions. The Village Board may impose conditions and restrictions upon the variation as deemed necessary for the protection of the public health, safety, and welfare which must be contained within the ordinance granting the variation. The Village Board may grant a variation that is less than that requested when it has been decided that the applicant is entitled to some relief of the hardship, but not to the entire relief requested in the variation application.
H. Expiration. An approved variation will expire one year from the date of approval unless a building permit is obtained or construction has begun prior to the end of the one-year period. The Village Board may grant an extension for a period of validity longer than one year as part of the original approval or it may shorten such period of validity as part of the original approval. An applicant may apply in writing for an extension of time at any time prior to the date of expiration, which will be processed as a new variation application including all required notice and fees.
I. Restriction on Application. No variation will be granted within six months after the date upon which an official Comprehensive Plan for the Village of Mettawa is adopted by the Village Board, unless such variation is approved by a two-thirds vote of the Village Board or the Zoning, Planning and Appeals Commission, as the case may be.
(Ord. 885, passed 11-21-2023)
SECTION 15.1107. SITE PLAN REVIEW.
A. Purpose. The site plan review process is intended to promote orderly development in the Village, and to assure that such development occurs in a manner that is harmonious with surrounding properties, is consistent with the Village's Comprehensive Plan, and promotes the public health, safety, and welfare. This section provides standards by which to determine the physical layout and design to achieve compatibility of uses and structures, efficient use of land, and minimization of traffic and safety hazards.
B. Authority. The Village Board reviews and issues final approval of site plans.
C. Applicability. Site plan review is required for the following:
1. Development within the O/R, H, TC, and OS Districts.
2. Any non-residential use within an R-1 or R-2 District.
D. Procedure. All applications must be filed with the Village Clerk in accordance with Section 15.1103.
1. After receipt of a complete site plan, the Village Board will review the proposed site plan at a public meeting. The Village Board must approve or deny the site plan.
2. Following approval of a site plan, the Zoning Administrator will issue a building permit, provided all other provisions of applicable ordinances, statutes, and/or other regulations have been satisfied by the applicant.
3. If a site plan is denied, the Village Board will notify in writing the applicant or his/her representative of the review standards that have not been satisfied and the aspects of the proposed site plan that should be modified. No building permit will be issued for a structure until the modified site plan has received the approval of the Village Board.
4. The Village Board will evaluate the site plan based upon the review standards of this section.
E. Review Standards.
1. General Application and Purpose.
a. The purpose of these review standards is to provide a means to evaluate those items which may affect the physical aspects of the Village's environment and the development. Pertinent to appearance is the design of the site, building and structures, plantings, signs, detention and/or retention basins, and other site elements that are able to be observed by the public.
b. These standards and criteria are not intended to restrict imagination, innovation, or variety, but rather to assist in solutions that will develop a satisfactory visual appearance within the Village, preserve taxable values, and promote the public health, safety and welfare.
2. Siting Standards.
a. The site must be planned to accomplish a desirable transition of scale, style, line, and mass of buildings and signs within the site and adjoining buildings.
b. Without restricting the permissible limits of the district, the scale of each building or other structure must be compatible with its site and existing or anticipated adjoining buildings.
c. Newly installed utility services and service revisions necessitated by exterior alterations must be underground.
3. Compatibility Standards.
a. Landscape treatment, screens and materials must be used to provide a harmonious transition between buildings within the site and adjacent to the site which may vary in architectural style.
b. Scale of structures within the site to those adjoining the site must be made compatible by providing a gradual transition of building scale from the boundaries of the site.
4. Landscape and Site Treatment. Landscape elements included in these criteria consist of all forms of planting and vegetation, ground forms, rock groupings, water patterns, and all visible construction except buildings and utility structures.
a. Where natural or existing topographic patterns contribute to the beauty and utility of a development, they must be preserved and developed. Modification to topography will be permitted where it contributes to good appearance.
b. Grades of walks, parking spaces, terraces, and other paved areas must provide an inviting and stable appearance for walking and, if seating is provided, for sitting.
c. Landscape treatment must be provided to enhance architectural features, strengthen vistas and important axes, and provide shade.
d. Unity of design must be achieved by repetition of certain plant varieties and other materials, and by correlation with adjacent developments.
e. Plant material must be selected for interest in its structure, texture, and color and for its ultimate growth. Plants that are indigenous to the area and others that will be hardy, harmonious to the design, and of good appearance must be used.
f. Plant materials cannot be located where they will be susceptible to injury by pedestrian or motor traffic.
g. Parking areas and traffic ways must be enhanced with landscaped spaces containing trees or tree groupings. Shrubs may be used only where they will not obscure vision and will not require excessive maintenance.
h. Exterior lighting, when used, must enhance the landscape adjacent to any permanent identification sign or, in the case of buildings, the building design and the adjoining landscape.
i. Lighting standards and building fixtures must be of a design and size compatible with the building and adjacent areas. Excessive brightness must be avoided.
j. All lights in parking facilities must be designed and situated so as to reflect light downward and away from residential property.
5. Building Design.
a. Architectural style is not restricted. Evaluation of appearance of a project must be based on quality of its design and relationship to surroundings.
b. Buildings must have harmonious scale with permanent neighboring development.
c. Materials must have good architectural character and must be selected for harmony of buildings within the site. In any design in which the structural frame is exposed to view, the structural materials must be compatible with themselves and harmonious to their surroundings.
d. Building components, such as windows, doors, eaves, and parapets, must have good proportions and relationship to one another.
e. Mechanical equipment or other utility hardware on roofs, ground, or buildings as well as refuse and waste removal areas, service yards, storage yards, and exterior work areas must be screened from public view with materials harmonious with the building or located as not to be visible from public ways.
f. Monotony of design in single or multiple building projects must be avoided. Variation of detail, form, and siting must be used to provide visual interest. In multiple building projects, variable siting or individual buildings may be used to prevent a monotonous appearance.
(Ord. 885, passed 11-21-2023)
SECTION 15.1108. ZONING INTERPRETATION.
A. Initiation. The Village Board, the Zoning, Planning, and Appeals Commission, or a Village property owner or his/her designee may request a zoning interpretation. All interpretation requests must be for the purpose of furthering some actual development.
B. Authority. The Zoning Administrator will review and make final decisions on written requests for zoning interpretations.
C. Procedure. All applications must be filed with the Village Clerk in accordance with Section 15.1103. The Zoning Administrator must review a written request for an interpretation and render the interpretation in writing within a reasonable time. The Zoning Administrator may request additional information prior to rendering an interpretation.
(Ord. 885, passed 11-21-2023)
SECTION 15.1109. ZONING CERTIFICATE.
A. Purpose. The purpose of a zoning certificate is to promote compliance with this Chapter by establishing a procedure by which the Zoning Administrator may certify that an existing or proposed use of a lot or any existing or proposed structure on a lot complies with this Chapter.
B. Authority. Upon the request and application of an applicant, the Zoning Administrator will issue a zoning certificate.
C. Procedure. Within 30 days of a request for a zoning certificate, the Zoning Administrator will issue a certificate, unless a longer time period of review is agreed to by the applicant and the Zoning Administrator.
D. Expiration. Unless construction, moving, remodeling, or reconstruction of a structure is commenced or a use is commenced within six months of the date the zoning certificate is issued, a zoning certificate becomes null and void.
(Ord. 885, passed 11-21-2023)
SECTION 15.1110. ZONING APPEALS OF ZONING ADMINISTRATOR DECISIONS.
A. Purpose. An appeal from any decision or ruling of the Zoning Administrator made in interpreting, applying, and/or enforcing the regulations contained in this Chapter.
B. Initiation. An appeal may be filed by any person, firm, or corporation aggrieved by said decision or ruling or by any either officer, department, board or commission of the Village. Appeals must be filed within 45 days of the decision or ruling of the Zoning Administrator.
C. Authority. The Zoning, Planning, and Appeals Commission will hear and make decisions on zoning appeals.
D. Procedure. All applications must be filed with the Village Clerk in accordance with Section 15.1103.
1. After receipt of a complete application, the Zoning, Planning, and Appeals Commission will consider the proposed application at a public hearing. Notice for the public hearing must be provided in accordance with Section 15.1103.
2. The Zoning, Planning, and Appeals Commission must confirm or overturn the Zoning Administrator's decision within 45 days of the close of the public hearing. The Zoning, Planning, and Appeals Commission may also request an additional 45-day extension from the Village Board.
3. Any party in interest may appear and be heard at the hearing held pursuant to any such application for appeal, and such appearance may be made in person, by agent (if a corporation), or by attorney.
4. In the hearing on such appeal, the Zoning, Planning and Appeals Commission will consider all matters de novo.
5. The concurring vote of five members of the Zoning, Planning and Appeals Commission is necessary to reverse any order, requirement, decision or determination of the Zoning Administrator.
6. Findings of fact based upon the evidence presented during the hearing must be included in the minutes of and final orders of decisions entered in each case on appeal, and the reasons for recommending or denying such appeal must be specified.
7. If, at the expiration of such 45 days, the Zoning, Planning, and Appeals Commission has not made a decision, it is concluded that the Zoning, Planning, and Appeals Commission has decided to deny the petition on appeal.
(Ord. 885, passed 11-21-2023)
SECTION 15.1111. OCCUPANCY CERTIFICATE.
A. Purpose. The purpose of an occupancy certificate is to ensure there is compliance with all of the applicable provisions and requirements the Municipal Code including but not limited to this Chapter prior to occupancy and use of a structure or land.
B. Applicability. An occupancy certificate is required:
1. To occupy or commence a new use of any building or structure, in whole or in part, (including any nonconforming building or structure) or addition to any such building or structure erected, constructed, enlarged, remodeled, altered, reconstructed, or moved.
2. To commence a new use of any vacant land, in whole or in part.
C. Authority. The Zoning Administrator will issue occupancy certificates.
D. Procedure.
1. An occupancy certificate will be issued when the Zoning Administrator has inspected the property and determined full and complete compliance with all of the applicable regulations of the district in which it is located, and the plans and specifications of the building permit, if applicable. However, when construction has been partially completed in accordance with plans and specifications, upon request, a temporary occupancy certificate may be issued pursuant to the following schedule:
a. Single-family dwelling building permits. A temporary occupancy certificate may be issued when the entire residence or residential structure or addition is completed and only exterior weather-sensitive construction and/or landscaping remains to be completed.
b. Commercial building permits. A temporary occupancy certificate may be issued when an area of such building or addition thereto, as shown on the plans and specifications as an “area” or “suite,” have been completed and adequate safety precautions taken in accordance with the following. Where a partial occupancy certificate is requested for other than an entire building or addition to an existing building, the permittee first must provide and, after issuance of the partial occupancy certificate, continue to maintain during the remaining construction and until the final occupancy certificate has been issued for the entire building:
i. Fully completed ingress to and egress from the area or suite or entire floor for which the partial occupancy certificate is sought in order not to jeopardize the lives or property of the general public occupying or visiting such building.
ii. Complete and total quarantine and isolation of all uncompleted areas in the said building or addition for which an occupancy certificate has not been issued, which includes, but is not limited to, separate ingress to and egress from areas under construction so as to keep workmen and building materials outside of the completed areas of such building or addition.
2. Upon request, the Zoning Administrator may issue duplicate occupancy certificates and duplicate temporary occupancy certificates.
(Ord. 885, passed 11-21-2023)