A.   Certificate Required: No building or structure shall be erected, constructed, reconstructed, enlarged, moved or structurally altered, nor shall any excavation, grading, earthmoving or land balancing be done without a building permit. No building permit or any other permit pertaining to the use of land, buildings or structures, shall be issued by employees of the village unless the proposed use thereof complies with all the provisions of this title, nor shall any such permit be issued unless the application for such permit and the building permit both have certificate thereon under oath by the zoning official that the proposed use is in compliance with the provisions of this title. Any permit or zoning certificate issued in conflict with the provisions of this title shall be void.

   B.   Application: Every application for a building permit, which shall also be deemed an application for a zoning certificate, shall be filed in accordance with the provisions of chapter 3 of this title. In addition, every application shall also include:

      1.   Plans in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built or worked upon; the sizes and locations on the lot of buildings and structures already existing, if any; the location and dimensions of all proposed off street parking and loading spaces and access ways thereof; and such other matters as the zoning official may deem necessary to determine conformance with this title;

      2.   Information describing the existing and proposed use of each building and land area on the lot; the number of families or dwelling units proposed to be accommodated; and, such other matters as the zoning official may deem necessary to determine conformance with this title;

      3.   At the request of the zoning official, a certificate of a registered architect or a registered structural engineer licensed by the state, or, if no architect or engineer is required, affidavits of the owner and builder, that the proposed construction and the proposed use thereof comply with all the provisions of this title, or stating the extent of noncompliance;

      4.   The certificate and seal when applicable of a registered professional architect or structural engineer when any building or structure is below the established flood protection elevation plus one-half foot (1/2') to show compliance to provisions in the village of Mokena flood damage prevention ordinance; and

      5. Certificate by the village engineer, when applicable, that the proposed construction development or building is in accordance with plans as required under chapter 6 of this title and that the required performance bond has been filed as well as the required permit.

   C. Action By Zoning Official:

      1. Within twenty (20) days after the receipt of an application for a zoning certificate, the zoning official shall:

         a. Issue the certificate or building permit; provided, all applicable provisions of this title are complied with; or

         b. Refuse to issue a zoning certificate and shall advise the applicant in writing of the reasons for refusal.

      2. Should the zoning official fail to act within twenty (20) days, the applicant may then file with the zoning official a written demand, the applicant may treat the application as denied and may appeal from such denial to the zoning board of appeals in the manner and subject to the standard of section 9-4-4 of this chapter.

   D. Period Of Validity: No building permit shall be valid for a period longer than one hundred eighty (180) days from the date of its issuance, unless the work authorized by it is substantially under way by the end of said period. The zoning official may extend a building period for an additional two and one-half (21/2) years for commercial and industrial construction. Failure to complete construction in a timely manner shall be deemed a violation of this title and subject the permit to remedies set forth in chapter 19 of this title. (Ord. 2000-O-005, 2-14-2000)

   A. Certificate Required: No building or addition thereto shall be constructed after the effective date of this title, no addition to a previously existing building shall be occupied, no land vacant on the effective date of this comprehensive amendment shall be used for any purpose, and no change in a use of either land or building shall be made, until a certificate of occupancy has been issued by the office of the zoning official. No such occupancy certificate shall be issued unless it is certified by the zoning official that the proposed use or occupancy complies with all the provisions of this title. Every certificate of occupancy shall state that the use or occupancy complies with all the provisions of this title and any certificate of occupancy issued in conflict with the provisions of this title shall be void.

   B. Application: Every application for a building permit shall also be deemed an application for a certificate of occupancy. Where no building permit is required, an application for a certificate of occupancy shall be made in accordance with the provisions of chapter 3 of this title.

   C. Action By Zoning Official: No certificate of occupancy for a building, structure or portion thereof, constructed after the effective date of this title shall be issued until construction has been completed and the premises inspected and certified to be in conformity with the plans and specification upon which the building permit and certificate were based.

      1. A certificate of occupancy shall be issued, or written notice shall be given, to the applicant, stating the reasons why a certificate cannot be issued, not later than five (5) working days after the zoning official has inspected the premises for occupancy.

      2. Pending issuance of a regular certificate, a temporary certificate may be issued, to be valid for a period of six (6) months from its date, during the completion of any addition or during partial occupancy of the premises.

   D. Period Of Validity: No certificate of occupancy shall be valid for a period longer than ninety (90) days from the date of its issuance, unless the use or occupancy authorized by it shall have been established within such period. (Ord. 2000-O-005, 2-14-2000)

   A. 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 chapter, the variation procedure is necessarily inappropriate.

   B. Authority: In accordance with the procedures and standards set forth below, the zoning board of appeals shall have the authority to grant variations from the provisions of this title, but only in accordance with the requirements hereinafter set forth.

   C. Application: An application for a variation shall be filed in accordance with the provisions of chapter 3 of this title.

   D. Hearing: The zoning board of appeals shall hold a public hearing on such application not more than ninety (90) days after its filing. The public hearing shall be set, noticed, and conducted in accordance with provisions of chapter 3 of this title.

   E. Decisions: Not more than sixty (60) days after the close of the public hearing, the zoning board of appeals shall, in writing, make its findings of fact and either approve, approve with conditions or deny the application. The concurring vote of five (5) members of the board shall be necessary to grant a variation. The zoning board of appeals shall then transmit a copy of its decision and findings of fact to the applicant in accordance with the applicable statutes of the state of Illinois. The findings of fact shall specify the reasons for the decision and the terms of the relief, if applicable, shall be specifically set forth in a conclusion or statement separate from the findings of fact of the zoning board of appeals.

      1. Reconsideration: The village board may, through a motion passed by a majority of the village board, request the zoning board of appeals to reconsider a case that has been denied in a new public hearing.

   F. Effective Period: No order of the zoning board of appeals granting a variation shall be valid for a period longer than one hundred eighty (180) days from the date of such order, unless a building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.

      1. Extensions: The board may grant one extension of this period, valid for no more than one hundred eighty (180) additional days, upon written application and good cause shown, without notice or hearing.

      2. Limitation: If any of the benefits conferred by a variation, whether heretofore or hereafter granted, are abandoned, or are not utilized for any continuous period of one year, said variation shall, to the extent of such abandonment or nonutilization, become valid only after a public hearing as provided for herein.

   G. Standards:

      1. The zoning board of appeals shall not vary the provisions of this title authorized in this section, unless: a) the variation is in harmony with the general purpose and intent of this title; and b) there are practical difficulties or particular hardship in the way of carrying out the strict letter of any of the regulations of this title relating to use, construction, or the alteration of buildings and structures, or the use of land. In its consideration of the standards of practical difficulties or particular hardship, the zoning board of appeals shall require evidence that:

         a. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the particular zone;

         b. The plight of the owner if due to unique circumstances; and

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

      2. A variation shall be permitted only if the evidence, in the judgment of the zoning board of appeals, sustains each of the three (3) conditions enumerated above.

      3. For the purpose of supplementing the above standards, the zoning board of appeals, in making this determination, shall take into consideration, the extent to which the following facts, favorable to the applicant, have been established by the evidence:

         a. The particular physical surroundings, shape or topographical conditions of the specific property involved will bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulations were carried out;

         b. The conditions upon which the petition for variation is based would not be applicable generally to other property within the same zone classification;

         c. The purpose of the variation is not based exclusively upon a desire to make more money out of the property;

         d. The alleged difficulty or hardship has not been created by any person presently having an interest in the property;

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

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

   H. Conditions: The zoning board of appeals may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this section to reduce or minimize the effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this title.

   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 approvals that may be required by this title or other ordinances of the village. (Ord. 2000-O-005, 2-14-2000)

   A. 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 zoning official 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.

   B. Authority: The zoning board of appeals shall hear and decide appeals from an administrative order, requirement or determination under this title.

   C. Parties Entitled To Appeal: An appeal, in which it is alleged that there is error in any decision made by the zoning official under this title, may be taken to the zoning board of appeals by any person or governmental agency aggrieved by such decision or by any department, or officer of the village.

   D. Filing: An appeal shall be taken within such time as shall be prescribed by the zoning board of appeals by rule, by filing with the village clerk a notice of appeal in accordance with provisions of chapter 3 of this title.

   E. Stay Of Proceedings: An appeal shall stay all proceedings in furtherance of the decision appealed unless the zoning official certifies to the zoning board of appeals after the notice of the appeal has been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed unless by a restraining order, which may be granted by the zoning board of appeals or by a court of record on application, on notice to the zoning official and on due cause shown.

   F. Hearing: The zoning board of appeals shall hold a public hearing on such application not more than ninety (90) days after its filing. The public hearing shall be set, noticed, and conducted in accordance with provisions of chapter 3 of this title.

   G. Decisions: The zoning board of appeals shall render a written decision on the appeal within a reasonable time, but in no event more than sixty (60) days after the closing of the public hearings, and shall promptly forward a copy of the decision of the parties.

      1. The board may affirm or may, upon the concurrent vote of five (5) members, reverse, wholly or in part, or modify the decision of the zoning official, as in its opinion ought to be done, and to that end shall have the powers of the zoning official.

      2. All decisions, after hearing of the board of appeals from the administrative order, requirement, decision or determination of the zoning official shall, in all instances, be final administrative determinations and shall be subject to judicial review only in accordance with applicable Illinois statutes. (Ord. 2000-O-005, 2-14-2000)

   A. Purpose: This title is based upon the division of the village into districts, within which the use of land, and the uses of bulk of buildings and structures, are substantially uniform. It is recognized, however, that there are special uses which, because of their unique characteristics, can only be properly classified in any particular district or districts upon consideration in each case of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such special uses fall into three (3) categories:

      1. Uses publicly operated or traditionally affected with a public interest; and

      2. Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property, public facilities, or the village as a whole; and

      3. Uses, either public or private, that because of past or present conditions, need special considerations.

   B. Authority: Special use permits shall be reviewed and heard by the planning commission, but only in accordance with the requirements hereinafter set forth. The planning commission shall make their recommendations to the village board.

   C. Parties Entitled To Seek Special Use Permits: An application for a special use permit may be initiated by any person, firm or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase, or any exclusive possessory interest in which is specifically enforceable on the land which is described in the application for the special use permit.

   D. Application: An application for a special use permit shall be filed in accordance with the provisions of chapter 3 of this title.

   E. Hearing: The planning commission shall hold a public hearing on the application not more than ninety (90) days after its filing. The public hearing shall be set, noticed, and conducted in accordance with provisions of chapter 3 of this title.

   F. Recommendation By The Planning Commission: Within sixty (60) days after the close of the hearing, unless the applicant shall have consented to a longer period, the planning commission shall transmit to the village board a written report giving its findings of fact of either approval, approval with conditions or denial of the proposed special use in accordance with applicable statutes of the state of Illinois.

      1. The failure of the planning commission to act within such sixty (60) days, or such further time to which the applicant may agree, shall be deemed a recommendation for the denial of the special use permit.

   G. Decision Of The Village Board: Within sixty (60) days after the receipt of the recommendation of the planning commission, or its failure to act as above provided, the village board shall either deny the special use permit or, by ordinance duly adopted, grant the special use permit, with or without modifications or conditions.

      1. The failure of the board of trustees to act within such sixty (60) days, or such further time to which the applicant may agree, shall be deemed a decision denying the special use permit.

      2. Any proposed special use that fails to receive the approval of the planning commission shall not be approved by the village board except by a favorable majority vote of all the village board members then holding office.

      3. In the event of written protest against any proposed special use, signed and acknowledged by the owners of twenty percent (20%) of the frontage immediately adjoining the property proposed for a special use, or by owners of twenty percent (20%) of the frontage across an alley or directly opposite therefrom, such special use shall not be granted except by the favorable vote of five (5) members of the village board.

   H. Standards:

      1. No special use permit may be granted unless:

         a. The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public's health, safety, morals, comfort or general welfare;

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

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

         d. Adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided;

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

         f. The special use shall in all other respects conform to the applicable regulation of the district in which it is located, except as such regulations may in each instance be modified by the board pursuant to the recommendation of the planning commission; and

         g. At least one year has elapsed since any denial by the village board of any prior application for a special use permit that would have authorized substantially the same for all or part of the site, unless the village board determines that conditions in the area have substantially changed;

      2. For the purpose of supplementing the above standards, the planning commission, in making its recommendation and the village board, in making its decision, may take into consideration, the extent to which the following facts, favorable to the applicant, have been established by the evidence:

         a. The extent to which the proposed special use departs from the zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, the density, dimensions, area, bulk and uses, and the reasons why such departures are deemed to be in the public interest;

         b. In what respects the proposed special use meets the requirements and standards of the special use regulations;

         c. The method by which the proposed special use makes adequate provision for public services, provides adequate control over vehicular traffic, provides for and protects designated, common open space and furthers the amenities of light and air, recreation and visual enjoyment;

         d. The relationship and compatibility of the proposed special use to adjacent properties and neighborhoods;

         e. The desirability of the proposed special use to physical development, tax base and economic well being of the village; and

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

   I. Conditions On Special Use Permits: The planning 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 property and improvements in the vicinity of the subject property or upon public facilities and services; provided, however, that such conditions shall not be used as a device to grant a permit for a special use that is intended to be temporary in nature. 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.

   J. 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 permits or approvals that may be required by the titles and ordinances of the village.

   K. Limitations On Special Use Permits: Subject to an extension of time granted by the village board, no special use permit shall be valid for a period longer than six (6) months unless final building, site, and engineering plans are submitted to the village for approval within such period. However, the planning commission may extend this period up to, but not more than, one year, without notice or hearing, provided such extension is granted for good cause shown.

      1. 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 or abandoned for a period of six (6) months and such use shall not thereafter be reestablished unless a new special use permit is obtained.

      2. Except when otherwise provided in this title 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. (Ord. 2000-O-005, 2-14-2000)

   A. Purpose: The planned 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 use, bulk, space, and yard regulations that may be useful in protecting the character of substantially developed and stable areas, may impose inappropriately rigid regulations upon the development or redevelopment of parcels or areas that lend themselves to an individually planned approach. Through the flexibility of the planned development technique, the village seeks to achieve the specific objectives stated below. However, at no time is the planned development intended to serve merely as a mechanism to subvert the underlying district regulation and requirements.

      1. The creation of a more desirable environment than would be possible through the strict application of other village land use regulations;

      2. The efficient use of land resulting in smaller networks of utilities and streets while lowering development and housing costs;

      3. The promotion of a creative approach to the use of land and related physical facilities resulting in better design and development, including aesthetic amenities;

      4. The combination and coordination of architectural styles, building forms, and building relationships;

      5. The preservation and enhancement of desirable site characteristics such as natural topography, vegetation, and geologic features, and the prevention of soil erosion;

      6. The provision for the preservation and beneficial use of open space;

      7. An increase in the amount of open space over that which would result from the application of conventional subdivision and zoning regulations; and

      8. The encouragement of land uses that promote the public health, safety and general welfare.

   B. Authority: Planned developments are included in this title as a distinct category of special use and are authorized in each zoning district for the same general purposes as all other special uses. The village board, in accordance with the procedures and standards set out in this section and section 9-4-5 of this chapter, may grant special use permits authorizing the development of planned developments.

   C. Procedure:

      1. Concept Plan: The concept plan is intended to provide the applicant an opportunity to submit a plan showing the basic scope, character, and nature of entire proposed planned development without incurring undue cost.

         a. Application: Applications for approval of a concept plan shall be filed in accordance with the provisions of chapter 3 of this title.

         b. Administrative Review: Upon receipt of a completed application for approval of a concept plan, the zoning official shall schedule a review of the concept plan before the concept review team.

         c. Recommendation By The Concept Review Team: After the administrative review of the concept plan, unless the applicant shall have consented to a longer period, the concept review team shall make a written report giving its findings and recommendations of changes, if any, to the concept plan.

      2. Preliminary Plan:

         a. Purpose: The preliminary plan is the basis, on which the required public hearing is held, thus permitting public consideration of the proposal. To permit the village and the applicant to proceed with some assurance, approval of the preliminary plan binds the applicant and the village with respect to the following basic elements of development:

            (1) Categories of uses to be permitted;

            (2) General location of residential and nonresidential land uses;

            (3) Overall maximum density of residential uses and intensity of nonresidential uses;

            (4) The general architectural style of the proposed development;

            (5) General location and extent of public and private open space, including recreational amenities;

            (6) General location of vehicular and pedestrian circulation systems;

            (7) Staging of development; and

            (8) Nature, scope, and extent of public dedications, improvements, or contributions to be provided by the applicant.

         b. Application: After receipt of the concept review team's written report, the applicant shall file an application for approval of a preliminary plan in accordance with the provisions of chapter 3 of this title.

         c. Hearing: The application for approval of a preliminary plan shall then be reviewed by staff, the village's consultants and other relevant agencies, after which the planning commission shall hold a public hearing on the application. The public hearing shall be set, noticed, and conducted in accordance with provisions of chapter 3 of this title.

         d. Recommendation By The Planning Commission: After the close of the hearing, unless the applicant shall have consented to a longer period, the planning commission shall transmit to the village board a written report giving its findings and recommendations of denial or approval, with or without modifications or conditions, of the preliminary plan.

         e. Decision Of The Village Board: After the receipt of the recommendation of the planning commission, the village board shall either:

            (1) Deny the preliminary plan; or

            (2) Shall refer it back to the planning commission for further consideration of specified matters; or

            (3) Approve the preliminary plan, with or without modifications or conditions to be accepted by the applicant as a condition of such approval.

      3. Final Plan:

         a. Purpose: The final plan is intended to particularize, refine, and implement the preliminary plan and to serve as a complete, thorough, and permanent public record of the planned development and the manner in which it is to be developed.

         b. Application: After approval of the preliminary plan, the applicant shall file an application for approval of a final plan in accordance with the provisions of chapter 3 of this title. The application may include the entire area included in the approved preliminary plan or one or more stages or units thereof in accordance with the staging plan, if any, approved as part of the preliminary plan. The application shall refine, implement, and be in substantial conformity with the approved preliminary plan.

         c. Public Meeting: The planning commission shall review the application for final plan approval at a regularly scheduled public meeting.

         d. Recommendation By Planning Commission: After review of the final plan, the planning commission shall transmit to the village board a written report giving its findings and recommendations of denial or approval, with or without modifications or conditions, of the final plan.

         e. Action By Village Board:

            (1) After the receipt of the recommendation of the planning commission, or its failure to act as above provided, the village board shall either:

               (A) Deny the final plan; or

               (B) Shall refer it back to the planning commission for further consideration of specified matters; or

               (C) Approve the final plan, with or without modifications or conditions to be accepted by the applicant as a condition of such approval.

            (2) In approving the final plan, the village board shall grant a special use permit authorizing the proposed planned development.

         f. Recording Of Final Plan: When a final plan is approved, the zoning official shall cause the final plan, or such portions thereof as are appropriate, to be recorded with the county recorder of deeds. No zoning certificate or other permit, allowing construction of a building or other development, shall take place until the required recording of the final plat. All recording costs shall be paid by the applicant.

         g. Limitation On Final Plan Approval: Construction shall commence in accordance with the approved final plan within one year after the approval of such final plan, or within such shorter time as may be established by the approved development schedule. Failure to commence construction within such period shall, unless an extension of time shall have been granted by the village board, automatically render void the final plan approval and all approvals of the planned development and all permits based on such approvals, and the zoning official shall, without further direction, initiate an appropriate application to revoke the special use permit for all portions of the planned development that have not yet been completed.

   D. Standards For Planned Development Approval: No special use permit for a planned development shall be favorably recommended or granted pursuant to this section unless the applicant shall establish that the proposed development will meet each of the standards made applicable to special uses pursuant to section 9-4-5 of this chapter. In addition, no special use permit for a planned development shall be favorably recommended or granted unless the applicant shall establish that the proposed development will meet each of the following additional standards:

      1. Comprehensive Plan: A planned development must conform to the intent and spirit of the comprehensive plan of the village.

      2. Site: The site of a planned development must be under single ownership and/or unified control at the time of development.

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

      4. Need: A clear showing of need for the proposed use(s) must be made.

      5. Yards: The required yards along the periphery of the planned development shall be at least equal in width or depth to that of the adjacent zoning district.

      6. 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. Parking for residential use shall not be less than two (2) spaces per dwelling unit.

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

      8. Design Standards: The provisions of the subdivision and plat ordinance of the village shall be adhered to, unless a waiver is granted by the village board.

   E. Authority To Vary Regulations: The village board shall have the authority, in connection with the granting of any planned development approval pursuant to this section, to change, alter, vary, modify or waive any provisions of this title or of the subdivision and plat ordinance as they apply to an approved planned development.

      1. Standards: No such change, alteration, variation, modification, or waiver shall be approved unless the village board shall find that the proposed planned development:

         a. Will achieve the purposes for which planned developments may be approved pursuant to the requirements of this section;

         b. Will not violate the general purposes, goals, and objectives of this title and the village's comprehensive plan; and

         c. Will result in a development providing compensating amenities to the village.

      2. Specific Limitations: In granting approval of any planned development, the village board shall in no event:

         a. Reduce the number of off street parking and loading spaces required by the title for any use by more than twenty five percent (25%); or

         b. Reduce the minimum lot area requirements applicable in any district in which the development is to be located by more than twenty five percent (25%); or

         c. Increase the maximum floor area ratio applicable in any district in which the development is to be located by more than twenty five percent (25%); or

         d. Permit the total lot coverage in the planned development to exceed sixty percent (60%) when located in a residential district; or

         e. Reduce the minimum yard requirements applicable in any district in which the development is to be located by more than twenty five percent (25%).

   F. Conditions On Planned Development Approval: The approval of either a preliminary plan or a final plan may be conditioned on such matters as the village board may find necessary to prevent or minimize any possible adverse effects of the proposed planned 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 subdivision and plat ordinance, and the official comprehensive plan.

   G. Regulation During And Following Completion Of Development: Following final plan approval, the final plan, rather than any other provision of this title, shall constitute the use, parking, loading, sign, bulk, space, and yard regulations applicable to the subject property, and no use or development, other than home occupation and temporary uses, not allowed by the final plan shall be permitted within the area of the planned development pursuant to the zoning district regulations otherwise applicable to such area.

   H. Adjustments To Final Plan During Development:

      1. Minor Adjustments: During build out of a planned development, the zoning official may authorize minor adjustments to the final plan when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development. Such minor adjustments shall be limited to the following:

         a. Altering the location of any one structure or group of structures by not more than fifteen percent (15%) or twenty feet (20') whichever is greater of the distance shown on the approved final plan between such structure or structures and any other structure or any vehicular circulation element or any boundary of the planned development, whichever is less; and

         b. Altering the location of any circulation element by not more than fifteen percent (15%) or twenty feet (20') whichever is greater of the distance shown on the approved final plan between such circulation element and any structure, whichever is less; and

         c. Altering the location of any open space by not more than twenty five percent (25%); and

         d. Altering any final grade by not more than fifteen percent (15%) of the originally planned grade; and

         e. Altering the location or type of landscaping elements.

         f. All minor adjustments shall be consistent with the intent of this title and the final plan, and shall be the minimum necessary to overcome the particular difficulty.

      2. Major Adjustments: Any adjustment to the final plan not authorized by subsection H1 of this section, shall be considered to be a major adjustment and shall be granted only upon application to, and approval by, the village board. The village board may, by ordinance duly adopted, grant approval for a major adjustment without a hearing upon finding that any changes in the final plan as approved will be in substantial conformity with said final plan. If the village board determines that a major adjustment is not in substantial conformity with the final plan as approved, then the village board shall refer the request to the planning commission for further hearing and review as provided in subsection C2c of this section. (Ord. 2000-O-005, 2-14-2000)

   A. Purpose: The amendment process established by this section, is intended to provide a means for making changes in the text of this code 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 code and the zoning map in light of changing newly discovered or newly important conditions, situations or knowledge.

   B. Authority: The regulations and districts established by this title, may be amended from time to time, subject to the procedures set forth herein, by the village board through the enactment of an amending ordinance.

   C. Parties Entitled To Seek Amendments: Amendments may be proposed by the village board, the planning commission, and by any other person, firm or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase, or any exclusive possessory interest in which is specifically enforceable on the land which is described in the application for an amendment.

   D. Procedure: The procedure for obtaining an amendment shall be as follows:

      1. Application: Applications for amendments shall be filed in accordance with the requirements of chapter 3 of this title.

      2. Hearing: The planning commission shall hold a public hearing within ninety (90) days after receiving the application from the zoning official. The public hearing shall be set, noticed, and conducted in accordance with provisions of chapter 3 of this title.

      3. Recommendation Of The Planning Commission: The planning commission shall, within sixty (60) days after the hearing, transmit a written report giving its findings and recommendations to the village board.

         a. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the planning commission shall make findings based upon the evidence presented to it in each specified case with respect to the following matters:

            (1) Existing uses of property within the general area of the property in question;

            (2) The zoning classification of property within the general area of the property in question;

            (3) The suitability of the property in question for the use permitted under the existing zoning classification;

            (4) The trend of development, if any, in the general area of the property in question, including changes, if any, which may have taken place since the day the property in question was placed in its present zoning classification; and

            (5) Conformance or nonconformance with officially adopted plans of the village.

         b. The planning commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such an amendment is in the public interest and is not solely for the interest of the applicant. The planning commission may recommend the adoption of an amendment changing the zoning classification of the property in question to any different classification than that requested by the applicant.

   E. Decisions: The village board, upon recommendation of the planning commission, may either grant proposed amendment, with or without modifications, or deny any proposed amendment in accordance with applicable Illinois statutes. The village board may also, at its discretion, refer the application back to the planning commission for further consideration.

      1. In cases of written protest against any proposed amendment, signed and acknowledged by the owner of twenty percent (20%) of the frontage proposed to be altered or by the owners of twenty percent (20%) of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, such amendment shall not be passed except by the favorable vote of two-thirds (2/3) trustee's of the village then holding office.

      2. If no action is taken by the village board within ninety (90) days after the report of the planning commission, or such further time as the applicant may agree, the application shall be deemed to have been denied and shall not thereafter be granted.

   F. Will-South Cook Soil And Water Conservation District: The appellant requesting a proposed zoning change must submit along with the application, a report by the Will-South Cook soil and water conservation district as required by the Illinois state soil and water district law, section 22.02. (Ord. 2000-O-005, 2-14-2000)

   A. Purpose: The interpretation authority established herein 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.

   B. Authority: The zoning official, subject to the procedures, standards, and limitations set forth herein, may render interpretations, including use interpretations, of the provisions of this title and of any rule or regulation issued pursuant to it.

   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 code shall be filed in accordance with the requirements of chapter 3 of this title.

      2. Action On Application: Within thirty (30) days after the receipt of a properly completed application for interpretation, the zoning official shall inform the applicant in writing of his or her interpretation, stating the specific precedent, reasons, and analysis upon which the determination is based. The failure of the zoning official to act within thirty (30) days, or such further time to which the applicant may agree, shall be deemed to be a decision denying the application rendered on the day following such thirty (30) day period.

      3. Appeal: Appeals from interpretations rendered by the zoning official may be taken to the zoning board of appeals as provided in section 9-4-4 of this chapter.

   E. Standards For Use Interpretations:

      1. The following standards shall govern the zoning official, and the zoning board of appeals on appeals from the zoning official, in issuing a use interpretation:

         a. Any use defined in chapter 20 of this title shall be interpreted as therein defined;

         b. No use interpretation shall permit any use in any district unless evidence shall be presented that demonstrates that it will comply with the general district regulations established for that particular district;

         c. No use interpretation shall permit any use in a district unless such use is similar to other uses permitted in the district and is more similar to those uses than to uses permitted in a less restrictive district;

         d. 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 interpretation permitting such use shall be conditioned on the issuance of a special use permit for such use pursuant to section 9-4-5 of this chapter; and

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

      2. 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 (6) months after 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 zoning certificate of occupancy is obtained and a use commenced within that period.

      3. A use interpretation finding a particular use to be permitted or specially permitted in a particular district shall be deemed to authorize only the particular use for which it was issued, and such permit shall not be deemed to authorize 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 (6) consecutive months or more.

   F. Effect Of Interpretation: No interpretation, including a 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 titles and ordinances of the village. (Ord. 2000-O-005, 2-14-2000)

   A. Purpose: The historic preservation process, established by this section, is to recognize and promote the conservation, protection, restoration, rehabilitation, use and overall enhancement of historically important buildings, and structures.

   B. Authority: The village board may, in accordance with the procedures and standards set forth in this section and other applicable sections of this title, approve applications for landmark designations and building permits related thereto.

   C. Designations Of Landmarks:

      1. Parties Entitled To Seek Designation: Any person, group of persons or association, or the planning commission on its own initiative, may request landmark designation for any improvement which is located within the corporate limits of the village and which may have historic significance as set forth in the criteria for evaluation. No such person, group of persons or association, nor the commission, shall be required to obtain the consent of the owner of the improvement prior to filing the application for landmark designation, nor shall the owner's consent be required as a condition of designation itself.

      2. Application: An application for a landmark designation shall be filed in accordance with the provisions of chapter 3 of this title.

         a. The person, group of persons or association submitting the application for landmark designation, including the commission when acting on its own initiative, shall bear all costs of and pay all fees required in connection with said application.

      3. Hearing: The planning commission shall hold a public hearing on such application not more than sixty (60) days after its filing. The public hearing shall be set, noticed, and conducted in accordance with provisions of chapter 3 of this title.

         a. Review: Prior to the public hearing on the application for landmark designation, the commission shall conduct a study of the improvement proposed for landmark designation and make a report containing preliminary findings on the historic, architectural and aesthetic significance of the improvement.

         b. Additional Notice Requirement: In addition to the requirements of chapter 3 of this title all published notices shall contain the number assigned to the application, the place, the nature, the purpose, and the date and time of such hearing, and the common address or location of the improvement in question, the name and address of the applicant and of the owner of the improvement, and the office address of the zoning official where full information, including a legal description, may be obtained concerning the application.

      4. Recommendation Of Planning Commission: The planning commission shall make written findings of fact and shall submit same, together with its recommendations, to the village board within sixty (60) days of receipt by the planning commission of the application for landmark designation.

      5. Decision Of The Village Board: Within one hundred twenty (120) days of the filing of the application, the village board, by ordinance, shall grant or deny the application for landmark designation. If the village board approves the application for landmark designation, a notice of the designation will be sent by the zoning official to the applicant and the owner of the improvement and a copy of the ordinance effectuating the designation shall be recorded with the appropriate county recorder of deeds and with the appropriate township assessor.

      6. Limitations: During the period beginning with the filing of an application for landmark designation and ending with the final action of the village board granting or denying said application, no exterior architectural feature of any improvement which is subject to an application for landmark designation may undergo alteration, construction, demolition or removal if such alteration, construction, demolition or removal would be subject to the issuance of a permit after designation. Nothing in this subsection shall operate to bar ordinary maintenance or any work that is necessary to prevent or correct an imminently dangerous or hazardous condition.

      7. Listing: A list of landmarks shall be maintained and available at the zoning official's office.

      8. Standards For Designation: The planning commission shall not recommend, nor shall the village board grant a designation of a landmark unless it makes findings based upon the evidence presented to it, in each specific case, that the proposed landmark meets the following requirements:

         a. That it is located within the C-4 traditional downtown district and the corporate boundaries of the village; and

         b. That it is over thirty (30) years old, in whole or in part; and

         c. That one or more of the following conditions exists:

            (1) That it may identify with an historic personage or with important events in national, state or local history;

            (2) That it may embody the distinguishing characteristics of an architectural type inherently valuable for a study of a period, style, method of construction, or use of indigenous materials or craftsmanship;

            (3) That it may represent the notable work of a master builder, designer or architect;

            (4) That it may be an improvement embodying all or part of the above characteristics, which is subject to encroachment of detrimental influences; and

            (5) That it may be an improvement of historic, architectural, or cultural significance, which is threatened with demolition by public or private action;

         d. That it possesses integrity of design, materials, workmanship, setting, location, feeling and association; and

         e. That it embodies such other qualities and characteristics as in the judgment of the commission should be considered for the designation of a landmark.

   D. Landmark Construction Or Alteration: Except as otherwise provided in this title, it shall be unlawful for any person to construct, alter, demolish or remove the exterior or any aspect of the exterior of any landmark located within the C-4 district, or to construct an improvement located within the C-4 district unless the planning commission has previously authorized issuance of a building permit authorizing such work. Authorization by the village board shall not be required for ordinary repair and maintenance.

      1. Procedures For Authorization Of A Building Permit:

         a. Applications: All applications for a building permit or a demolition permit for the alteration, demolition, construction or removal of a designated landmark located within the C-4 district shall be reviewed by the planning commission and approved by the board of trustees. The application shall be filed with the building department, which shall transmit a copy of the application for the building or demolition permit to the commissioner. No additional costs shall be imposed for the application for certificate of appropriateness.

            (1) The application shall include plans and specifications for the proposed work, or such other statement of the proposed work as is acceptable to the building department under the building or other applicable codes. The application shall also include such other information as the commission may, by rule, require from time to time.

         b. Decision: The zoning official shall notify the applicant and the owner of the improvement of the village board's decision to grant or deny the application. In making its determinations, the commission and board of trustees shall be sensitive to and shall consider the effect that the issuance of a permit may have on energy conservation. In no instance shall the village board unreasonably withhold the approval of a request for a permit.

            (1) Within fourteen (14) days after the authorization to grant a permit by the village board, the building department shall issue said permit. The applicant shall not proceed to perform any of the work requested until all other required permits have been obtained.

            (2) A grant of a permit shall be authorized by the board of trustees upon a finding by it that all reasonable use of, or return from, a designated landmark or property within the C-4 district would be denied a property owner as a result of the disapproval of a permit.

         c. Conduct Of Hearing: The commission and board of trustees may solicit expert testimony, or the applicant may submit evidence, concerning any of the following items at the time of the public hearing on the certificate of appropriateness:

            (1) Any substantial decrease in the fair market value of the property as a result of the denial of a permit;

            (2) Any substantial decrease in the pretax or after tax return to owners of record or other investors in the property as a result of the denial of a permit;

            (3) Any additional cost of work necessary to comply with the standards and criteria for the issuance of a permit; and

            (4) In the case of a proposed demolition, the economic feasibility of rehabilitation or reuse of the existing structure on the property.

         d. Fees: The person applying for a permit shall bear all costs of and pay all fees required in connection with said application and said request.

         e. Standards For The Grant Of Issuance Of A Permit: The planning commission shall apply and make findings pertaining to the following general criteria when considering a request for a permit:

            (1) The effect of the proposed work in creating, changing, destroying or affecting the exterior architectural features of the improvement upon which such work is to be done;

            (2) The relationship between the results of such work and the exterior architectural features of other, neighboring improvements in the C-4 district or in the area of the landmark;

            (3) The aesthetic, historical and architectural values and significance, and the architectural style, design, arrangement and material of the existing improvement and the work proposed to be done;

            (4) The effects of the result of such work upon the protection, enhancement, perpetuation and use of the exterior architectural features of the improvement which cause it to possess a special character or special historical, architectural or aesthetic interest or value; and

            (5) The relationship between the proposed work and the objective and design criteria established for the C-4 district by the "Traditional Downtown Mokena Design Manual" on file at the office of the zoning official.

   E. Ordinary Maintenance: Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior feature of any improvement designated a landmark or any improvement located within the C-4 district which does not involve change in such improvement's design or materials, or in any exterior architectural feature of the improvement.

   F. Maintenance And Repair Required: Neither the owner of, nor the person in charge of, an improvement designated a landmark or an improvement located within the C-4 district shall permit such improvement to fall into a state of disrepair which may result in the deterioration of any exterior appurtenance or architectural feature so as to produce or tend to produce, in the judgment of the zoning official, a detrimental effect upon the character of the C-4 district as a whole or the life and character of the improvement in question, including, but not limited to:

      1. The deterioration of exterior walls or other vertical supports;

      2. The deterioration of roofs or other horizontal members;

      3. The deterioration of exterior chimneys;

      4. The deterioration or crumbling of exterior plaster or mortar;

      5. The ineffective waterproofing of exterior walls, roofs and foundations, including broken windows or doors; and

      6. The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions.

   G. Remedying Of Dangerous Conditions:

      1. In any case where the building department, or any officer or agency of the village, or any court on application or at the insistence of any such department, officer or agency, shall direct the construction, reconstruction, alteration or demolition of any improvement designated a landmark or any improvement located within the C-4 district, or the performance of any minor work upon such improvement, for the purpose of remedying conditions determined to be dangerous to life, health or property, nothing in this chapter shall be construed as making it unlawful for any person, without prior issuance of a permit, to comply with such order or direction.

      2. In the case of unusual circumstances whereby the normal process for obtaining a permit as set forth in this section will jeopardize the health, safety and welfare of any person, the village board of trustees may, at its discretion, waive the normal process and immediately grant the permit, stating in writing its reasons for such immediate approval.

   H. Demolition By Natural Causes: For the purposes of this section, complete natural demolition shall occur when an improvement is damaged by fire, collapse, explosion, or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed fifty percent (50%) of the replacement cost of the improvement at the time of the demolition. Partial natural demolition shall occur when an improvement is damaged by fire, collapse, explosion, or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall be less than fifty percent (50%) of the replacement cost of the improvement at the time of the demolition or destruction.

   I. Extension Of Time For Action: Whenever, under the provisions of this section, the planning commission, the village board or any applicant is required or authorized, within a prescribed period of time, to make any determination or perform any act in relation to any request for a permit, the applicant may extend such period of time by his written consent filed with the planning commission. Any such extension of time may be suggested or initiated by the village board, the planning commission or the applicant.

   J. Acquisition Of Appropriate Protective Interests: The village may acquire, by purchase, donation or condemnation, appropriate protective interests in any landmark or any improvement located within an historic preservation district within the corporate boundaries of the village, whenever and to the extent that the village, upon the recommendation of the planning commission, determines that the acquisition will be in the public interest. (Ord. 2000-O-005, 2-14-2000)

   A. Authority: The zoning official is authorized by this title to issue a temporary use permit for uses specifically authorized in particular zoning districts as temporary uses as set forth in chapter 14 of this title.

   B. Application: An application for a temporary use permit shall be filed in accordance with the requirements of chapter 3 of this title.

   C. Hearing: The zoning official may, if he so desires, hold a public hearing on the request for a temporary use permit, or may contact the property owners affected by the proposed use regarding their opinion of the use. The public hearing, if any, shall be set, noticed, and conducted in accordance with provisions of chapter 3 of this title.

   D. Decision: The zoning official shall render a written decision on the application for a temporary use permit within a reasonable time and promptly forward a copy of the decision to the petitioner.

      1. The zoning official shall issue a temporary use permit only after he is satisfied that the use allowed by the temporary use permit will not adversely affect the public health, safety or general welfare of the village and/or immediate neighborhood.

      2. Appeals from the decision of the zoning official can be made to the zoning board of appeals.

   E. Conditions: The zoning official may require that certain conditions relating to the public health, safety or general welfare be complied with before the issuance of a temporary use permit. (Ord. 2000-O-005, 2-14-2000)