Morton Grove City Zoning Code

CHAPTER 12

16 PROJECT APPROVAL PROCESS

12-16-1: ADMINISTRATION

Organization: The administration of this title is vested in the offices of Village government as listed below:
1. Board of trustees.
2. Building commissioner.
3. Plan commission.
4. Zoning board of appeals.
5. Appearance review commission.
Jurisdiction: The jurisdictional authority, membership, and powers and duties of each of the offices of government listed in subsection A of this section, are provided in title 2, "Boards And Commissions", and title 3, "Municipal Departments", of this code. (Ord. 07-07, 3-26-2007)

12-16-2: GENERAL REQUIREMENTS; ALL BUILDINGS AND USES

Zoning Certificates:
1. Certificates Required: No permit or license pertaining to the use of land or buildings shall be issued by any officer or employee of the Village unless the application for such permit has been examined by the building commissioner or his authorized representative, and the building commissioner or his authorized representative has certified that either the proposed structure or use or both comply with all of the provisions of this title. Any permit issued in conflict with the provisions of this code shall be null and void.
2. Information Required: All applications for a permit shall be accompanied by such information as the building commissioner deems necessary to determine and provide for the enforcement of this title. Such information may include, but is not limited to, scale drawings, a legal description of the subject property, proof of ownership, or, if the land is held in trust, a disclosure of all beneficial interests.
3. Effect Of Certification: Certification shall not authorize the establishment or extension of any use nor the development, construction, relocation, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any additional permits and approvals which may be required by the codes and ordinances of the Village including, but not limited to, a building permit, a certificate of occupancy, or subdivision approval.
4. Effect Of Denial: In any case where an application is denied, the building commissioner shall cite the specific provisions of this title upon which such denial is based. If relief from such denial would be available by special permit or variance, the building commissioner shall so state and refer the applicant to the appropriate provisions of this title.
5. Certificates Of Zoning Indicate Full Compliance: Certificates of zoning shall certify that the structure or use for which it is issued is in full compliance with the provisions of this title.
6. Certificates Required For All Structures, Uses: A certificate of zoning shall be required for all structures in the Village, including the following:
  1. Structures or additions to an existing structure constructed after the date of this title, and occupancy of land vacant on the effective date of this title.
  2. When a use or occupancy of any land or structure is changed to any other use or occupancy, whether or not construction, reconstruction, remodeling, alteration or moving is involved.
  3. Home occupations.
7. Exemptions From Certificate Of Zoning Requirements: Reoccupancy of existing single-family residential dwelling units shall be exempt from the provisions of this section.
8. Issuance Of Certificate: No certificate of zoning for a building or portion thereof constructed after the effective date of this title shall be issued until the premises is inspected and certified to be in conformity with this title.
9. Notice Of Noncompliance: In the event a certificate of zoning cannot be issued as a result of noncompliance with this title, written notice setting forth the reasons shall be given to the applicant.
10. Appeal: If any application for a certificate of zoning is denied due to apparent noncompliance with this title, such decision may be appealed to the zoning board of appeals as provided in section 12-16-3 of this chapter.
11. Filing Of Certificate: Copies of each certificate of zoning issued is included with the business licenses and shall be kept on file in the finance department and shall be available for public inspection during the regular hours the department is open.
Procedural Control: With the exception of individual single- and two-family structures (and accessory structures thereto), all applications for special use permits, variations, amendments, subdivisions, planned unit developments, and right of way vacations, shall be reviewed and approved by the following prior to plan commission review and pursuant to title 10, chapter 1, article B of this code: building department, fire department, community and economic development department, police department, public works department, appearance commission, and traffic safety commission.
Appearance Review:
1. Appearance Certificate Required: The building commissioner shall not issue a building permit for any new construction, for any renovation or remodeling involving the exterior of any existing structure, or site development, except for one- and two-family residential buildings, until an appearance certificate is issued by the appearance review commission.
  
  The appearance certificate shall consist of a written report over the signature of the commission chairman which shall be attached to the applicant's plans, and forwarded to the building commissioner.
  
  Building permits for new one- and two-family residential buildings or any renovation or remodeling involving the exterior of any existing one- or two-family residential building, shall not be issued until the building commissioner has approved plans for compliance with chapter 11, "Landscaping And Trees", and chapter 12, "Design Standards", inclusive, of this title. Appeal from the building commissioner's action regarding landscaping, architectural style, general building design, or exterior materials shall be made to the appearance review commission, following the procedure set forth herein.
2. Standards For Appearance Review: It shall be the responsibility of the commission to determine that the exterior drawings, sketches, landscape plans and materials and other exhibits are appropriate to or compatible with the character of the immediate neighborhood and will comply with the provisions of the regulations and standards set forth in chapter 11, "Landscaping And Trees", and chapter, 12 "Design Standards", of this title.
3. Conditions Of Appearance Review: The commission, prior to making a decision, may require changes in the exterior drawings, sketches, landscape plans, site plans, materials, etc., which will make the application conform to the provisions of chapter 11, "Landscaping And Trees", and chapter 12, "Design Standards", of this title.
4. Application Requirements: The applicant shall file with the building department a complete set of plans and drawings attached to an application for an appearance certificate. These documents shall include:
  1. Current survey and site plan including a legal description, location, and size of all construction, major topographic and landscape features, and showing all buildings, site improvements including sewer and water facilities, parking areas, loading areas, refuse storage areas, exterior work areas, exterior storage areas, equipment, penthouse and equipment on roofs, type and size of screening, landscape plans and graphic representations sufficient in detail to portray the design concept.
  2. Building elevations and drawings and/or graphic representations sufficient in detail to portray the design concept. Written manufacturer's literature or photographic representations of sample exterior materials to be used in the project shall be included.
  3. Drawings to be to scale.
  4. Drawings and specifications of any proposed signs indicating locations, colors, sizes, and heights, including illumination calculations and diagrams.
  5. Manufacturer's illustrations of exterior lighting fixtures for site and buildings including illumination calculations and diagrams.
  6. Final landscaping plans indicating variety, size, spacing and quality of all plant material.
  7. The following statistical data, included independently of the other information. If any data is not relevant to an application, it shall be so noted along with the necessary data:
    1. Gross site area.
    2. Net site area.
    3. Area to be dedicated for public rights of way.
    4. Open sites are calculated in acres, square feet and percentage of total site area.
    5. Net green site areas calculated in acres, square feet and percentage of total site area.
    6. Ground coverage areas calculated in acres, square feet and percentage of gross site area.
    7. Additional documentation may be required to ensure full and proper consideration and disposition of the particular application.
  8. At the commission meeting the applicant seeking an appearance certificate must present the following:
    1. Photographs of adjacent buildings and/or sites or photographs or graphic representations of other buildings or sites which serve to illustrate the proposed project in proper context.
    2. Samples of exterior materials proposed for buildings, screening, etc., showing color texture and type accompanied by a list of materials and specifications.
5. Application Procedure And Review: The required application and documents shall be forwarded to the appearance review commission at least ten (10) days prior to the scheduled meeting date. Meetings of the commission will be scheduled on a regular monthly basis, however, the chairman may schedule special meetings as necessary to ensure the expeditious review of all applications brought before the commission for consideration.
6. Building Department Administration: Upon the granting of an appearance certificate, the exterior drawings, sketches, landscape and site plans, rendering and materials for which said certificate was granted, shall be turned over to the building department whose responsibility it shall be to determine from time to time as the project is in progress and finally, upon its completion, that there were no unauthorized deviations from exhibits upon which the granting of the appearance certificate was originally based. The appearance certificate shall be valid for a period not to exceed twelve (12) months from the date of granting by the appearance review commission and if construction has not commenced, shall be considered null and void thereafter, unless extended by the commission.
7. Applications Which Also Require Plan Commission Review: As required in the Village's procedural control regulations, all land use applications shall be referred to the appearance review commission for review and comment prior to referral to the plan commission. If a variation from chapter 11, "Landscaping And Trees", and chapter 12, "Design Standards", of this title, is requested as part of a plan commission application, it may be considered by the plan commission and the Village board of trustees as part of the plan commission application process. Variations granted by the plan commission and subsequently the board of trustees need not be resubmitted to the appearance review commission.
  
  If a land use permit is granted and the applicant proceeds with his application for a building permit, his building permit application will be forwarded to the appearance review commission for issuance of an appearance certificate as provided for above. The appearance review commission shall not alter approved land use permits, however, all relevant provisions in chapters 11, "Landscaping And Trees", and chapter 12, "Design Standards", of this title, shall be met prior to issuance of an appearance certificate.
8. Resubmittal To Appearance Review Commission: The applicant must reappear before the appearance review commission with an updated or revised presentation if:
  1. At the previous meeting the applicant had not submitted all of the required items;
  2. At the previous meeting the commission required design modifications and clarifications;
  3. At any time prior to the issuance of an occupancy permit, the petitioner wishes to revise plans or change material types previously accepted by the commission.
9. Variances From Chapters 11 And 12 Of This Title: The appearance review commission may grant variances from the appearance standards and technical specifications contained in chapter 11, "Landscaping And Trees", and chapter 12, "Design Standards", of this title, only when such variations are in harmony with the general purpose and intent of the design standards, and only when the appearance review commission finds that in certain circumstances involving the size, shape, topography, location or surroundings affect the property referred to in the application, when denial of said application will cause unreasonable or unnecessary hardship, and/or when said variation will not cause substantial injury to the value of other property within the vicinity nor be detrimental to the public safety or welfare in the neighborhood in which it is located.
  1. Variance Procedures: Applications for variances shall be made in writing on forms provided by the Village. Upon receipt of written request for a variance, the appearance review commission shall schedule a public hearing, to be scheduled as part of the next regularly scheduled meeting, at which all persons with an interest in the project shall be provided with an opportunity to provide either oral or written testimony. The commission shall vote to grant, reject or modify the variance request.
  2. Variance Limitations: Construction shall commence on any approved variance within twelve (12) months from the date of granting by the appearance review commission or the variance shall be considered null and void.
10. Appeal From Action Of Building Commissioner: An aggrieved party may appeal a decision of the building commissioner with regard to the Commissioner's interpretation of any regulation in chapter 11, "Landscaping And Trees", and chapter 12, "Design Standards", of this title, to the appearance review commission. If an applicant believes the building commissioner has erred in his interpretation and enforcement, the applicant shall notify the Village administrator within ten (10) working days after the decision of the building commissioner. The Village administrator shall immediately notify the chairman of the appearance review commission, who shall then place the appeal on the commission's agenda for review. Any request for appeal from an action of the building commissioner shall be processed as stipulated above in subsection C9a, "Variance Procedures", of this section.
  
  The appearance review commission shall hold a public hearing and shall obtain such evidence and testimony from the aggrieved applicant and the building commissioner as deemed appropriate to render a decision, and shall vote to grant, reject or modify the appeal request.
11. Appeal From Decision Of Appearance Review Commission: An aggrieved party may appeal a decision of the appearance review commission regarding issuance of an appearance certificate or a request for variation of chapter 11, "Landscaping And Trees", and chapter 12, "Design Standards", of this title, directly to the board of trustees upon written notice of appeal to the Village clerk received within ten (10) days after the decision of the appearance review commission. The board of trustees shall then schedule a meeting at which the Village board shall serve as a committee of the whole to review the case in question and may accept, reject, or modify the findings or recommendations of the appearance review commission and may grant or deny an appearance certificate or a variance of chapter 11, "Landscaping And Trees", or chapter 12, "Design Standards", of this title, as the board may determine. The decision of the Village board of trustees shall be final and binding on all parties.
Signs: All signs require review and approval by the appearance review commission. For all uses requiring a sign(s), refer to title 10, chapter 10, "Sign Regulations", of this code, for all details regarding procedures, fees, applications, and regulations.
Amendments To Chapters 11 and 12 Of This Title: The appearance review commission may recommend to the board of trustees amendments to chapters 11 and 12 of this title. (Ord. 07-07, 3-26-2007)

12-16-3: PROCEDURE FOR ZONING BOARD OF APPEALS

Variations: It is the intent of this section to provide for exceptions to the application of this title in order to achieve parity among properties similarly located and classified. Specifically, it is to be used to overcome conditions which pose practical difficulty or unnecessary hardship in such a way as to prevent an owner from using his property as intended by this title.
Authorized Variations: The zoning board of appeals shall publicly hear and have the authority to vary the zoning regulations set forth in chapters 2, 3, and 4 of this title, except as otherwise indicated in this title, and except for those regulations regarding permitted, special and prohibited uses in all districts. An authorized variation shall be valid for a period of no longer than one (1) year from the date of approval unless a building permit is issued and construction is actually begun within that period and is thereafter actively pursued to completion, or unless the applicant applies for and the Zoning Board of Appeals grants an extension of time.
Appeals: The zoning board of appeals shall hear and decide appeals regarding decisions, determinations, or failures to act by the building commissioner or other Village official acting within the authority of this title.
1. Parties Entitled To Appear: Any person adversely affected by a decision of the Village staff pursuant to this title may appeal only to the zoning board of appeals as provided in this section.
2. Procedure:
  1. Timely Filing: Appeal to the zoning board of appeals shall be initiated within thirty (30) days after the decision or action.
  2. Format: An appeal shall be filed in writing with the building commissioner, stipulating the decision or action upon which the appeal is filed, along with such information as the zoning board of appeals may require.
  3. Transmittal Of Record: The building commissioner shall, at the time of filing, transmit to the zoning board of appeals all relevant documents.
  4. Public Hearing: The zoning board of appeals shall advertise and conduct a public hearing within forty five (45) days of the date of filing of the appeal.
  5. Public Notice: The zoning board of appeals shall provide notification of the public hearing in accordance with the requirements of section 12-16-5, "Public Hearings", of this chapter.
3. Procedural Control: Following receipt of a complete application of appeal, the building commissioner or Village planner may request input from the traffic safety commission if they find that the project could negatively impact traffic safety. To request input from the traffic safety commission, the building commissioner or Village planner shall distribute applications to the Village engineer and traffic safety commission chairperson. If the traffic safety commission chairperson (or their designees) agree that the project could have a significant impact on the community from a traffic safety perspective, they may request review of the application by the full commission, prior to review by the zoning board of appeals.
4. Effect Of Appeal: An appeal shall stay all proceedings related to the action appealed, unless it is determined by the building commissioner that such a stay would cause imminent peril to life and property.
5. Action By Zoning Board Of Appeals: Within thirty (30) days following the close of the public hearing the zoning board of appeals shall, upon the concurring vote of four (4) members, render a decision on the appeal. Such decision may reverse, affirm or modify, in whole or in part, the action appealed and may include such order or determination as is proper in the opinion of the zoning board of appeals. To that end, the zoning board of appeals shall have the same authority and be subject to the same standards and limitations as the building commissioner or other Village official with respect to the action being appealed.
6. Conditions On Rights Granted By Appeal: In a case where this title imposes conditions upon any right, any right granted by the zoning board of appeals on appeal shall be subject to all conditions in the same manner and to the same extent as if secured without the necessity of an appeal. (Ord. 07-07, 3-26-2007; amd. Ord. 12-22, 6-11-2012)

HISTORY
Amended by Ord. 15-07 on 6/22/2015
Amended by Ord. 25-17 on 4/22/2025

12-16-4: PROCEDURE FOR PLAN COMMISSION

Plan Commission Procedure:
1. Filing: All applications for special use permits, planned unit developments, subdivisions, right of way vacations and amendments which require plan commission review, shall be filed with the building department. The appropriate filing fee, and thirty (30) copies of the completed application and necessary documents must be submitted and contain all of the required information before they will be processed. Right of way vacations must first be processed through the Village administrator before going to plan commission, the procedure of which is identified in section 12-9-5, "Vacation Of Public Rights Of Way", in this title. In addition, the filing of final plats shall follow the procedure in section 12-8-3, "Final Plats", of this title.
2. Procedural Control: Applications filed with the building commissioner and/or Village planner shall be distributed to department directors and chairpersons of the appearance review commission, the traffic safety commission and other officially commissioned bodies determined by the building commissioner to have an interest in the application. If the commission chairpersons of the appearance review and traffic safety commissions (or their designees) determine that the project will have an insignificant negative impact on the community from an appearance or traffic safety perspective, the respective chairpersons shall have the authority to waive the review of the application by the full commission.
  1. Village departmental comments must be returned to the Village planner within ten (10) working days from the date of distribution.
  2. The appearance review commission, traffic safety commission, and any other officially commissioned body to whom application materials were sent shall have twenty four (24) calendar days from the date of distribution to provide comments.
  3. If response is not received within the time period identified, processing will continue, with the notation "No Comments Received" made in materials submitted to the plan commission.
3. Staff/Applicant Conference: A staff/applicant conference shall be held within forty five (45) days of receipt of the completed application. The comments received from the pertinent Village staff and commissions will be discussed with the applicant. The applicant may also make changes to the application, based on staff/commission comments, prior to the plan commission hearing. The results of the staff/applicant conference shall be distributed to the plan commission for use in its deliberations.
4. Plan Commission Hearing: Upon receipt of an application which satisfies the foregoing requirements and has been through procedural control, a public hearing shall be set by the building commissioner or his designee within forty five (45) days of the staff/applicant conference, and advertised in accordance with the requirements set forth in subsequent section 12-16-5, "Public Hearings", the building commissioner or his designee shall transmit all pertinent documents to the plan commission prior to the required public hearing.
5. Plan Commission Action: Within forty five (45) days following the conclusion of the public hearing, the plan commission shall render its decision recommending that the board of trustees either grant the application, grant it subject to conditions, or deny the application.
6. Action By The Board Of Trustees: Within forty five (45) days following the receipt of the recommendation of the plan commission, the board of trustees shall either grant approval of the application, with or without conditions, or remand the application to the plan commission for additional consideration or deny the application. The board of trustees shall consider the findings of fact received from the plan commission in terms of the application's impact on the Village as a whole. The case may be continued at the applicant's request, with concurrence by a majority of the board of trustees.
7. Amendments To An Action: Any application requiring plan commission action, may be amended in accordance with this procedure. Amendments which are minor may go through an abbreviated procedure, (subsection B of this section) which does not require notice or a hearing before the full plan commission.
Abbreviated Procedure:
1. Eligibility: Minor amendments to existing special use permits, planned unit developments and final plats before they are recorded.
2. Filing: Applicants shall submit in writing a list of all items which are being modified from the original ordinance.
3. Review: The building commissioner or his designee, the plan commission chairman, Village administrator, and corporation counsel shall review each eligible application. If they unanimously find that the proposed modification is in substantial compliance with and does not change the intent of the original ordinance, a memorandum will be sent to the board of trustees describing the proposed modification, containing findings as to its impact and specific recommendations, if any.
  
  If they find that the modification is not in substantial compliance or changes the intent of the original ordinance, then the formal plan commission procedure, above, must be repeated.
4. Board Approval: The board of trustees shall review each request for an abbreviated amendment. If the amendment is granted, the board of trustees shall make a finding that the requested amendment is in substantial compliance with the originally enacted ordinance.
Special Use Permits:
1. Purpose: Certain uses because of their unique characteristics cannot be properly classified in any district without consideration of their impact upon adjacent land use and the public need for the specific use in that particular location, and thus require plan commission and Village board evaluation. The special uses within each zoning district are identified in chapter 4, "Zoning Districts", of this title.
2. Application Requirements: An application for a special use may be filed only by the owner or another person having a contractual ownership interest in the subject property. Should the ownership rest in a trust, all beneficiaries of the trust shall be identified on the application. Contract purchases of property shall be required to include the participation of the owner in the application. Applications shall be filed with the building commissioner and shall be accompanied by such documents and information deemed necessary by the plan commission to render a recommendation. Information which will be required is provided on an application form available in the building department and shall be reviewed with the applicant by the building commissioner or his designee.
3. Application Review And Procedure: The procedure is detailed in subsection A, "Plan Commission Procedure", of this section.
4. Conditions Of Special Uses: The plan commission may impose conditions and restrictions regarding the construction, location, and operation of a special use, as requirements for approval. Failure to maintain such conditions or restrictions shall constitute a violation of this title and provide grounds for revocation of the permit for such special use.
5. Standards For Special Uses: The following standards for evaluating special uses shall be applied in a reasonable manner, taking into consideration the restrictions and/or limitations which exist for the site being considered for development:
  1. Preservation Of Health, Safety, Morals, And Welfare: The establishment, maintenance and operation of the special use will not be detrimental to or endanger the public health, safety, morals or general welfare.
  2. Adjacent Properties: The special use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the uses permitted in the zoning district.
  3. Orderly Development: The establishment of the special use will not impede normal and orderly development or impede the utilization of surrounding property for uses permitted in the zoning district.
  4. Adequate Facilities: Adequate utilities, access roads, drainage and other necessary facilities are in existence or are being provided.
  5. Traffic Control: Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the public streets. The proposed use of the subject site should not draw substantial amounts of traffic on local residential streets.
  6. Adequate Buffering: Adequate fencing and/or screening shall be provided to ensure the right of enjoyment of surrounding properties to provide for the public safety or to screen parking areas and other visually incompatible uses.
  7. Conformance To Other Regulations: The special use shall, in all other respects, conform to applicable provisions of this title or amendments thereto. Variation from provisions of this title as provided for in subsection 12-16-3A, "Variations", of this chapter, may be considered by the plan commission and the Village board of trustees as a part of the special use permit.
6. Effects Of Decisions On Special Use Permits:
  1. Effect Of Denial: An application for a special use which has been denied shall not be resubmitted for a period of one year from the date of the decision, except on the grounds of new evidence or proof of changed conditions.
  2. Effect Of Issuance Of Special Use Permit: The issuance of a permit for a special use 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 which may be required by the codes and ordinances of the Village, including, but not limited to, a building permit, a certificate of occupancy, or subdivision approval.
  3. Time Limit For Special Use Permits: A permit for a special use shall be valid for a period no longer than eighteen (18) months from the date of issue unless a building permit is issued and construction is actually begun within that period and is thereafter actively pursued to completion or a certificate of occupancy is obtained and a use commenced within that period.
  4. Effects Of Withdrawal: A petitioner may withdraw a petition from consideration at any time prior to a public hearing before the plan commission with the effect of eliminating the matter from further consideration except by initiation of an entirely new petition. Such a voluntary withdrawal shall not be considered a denial by the plan commission or the board of trustees. (Ord. 07-07, 3-26-2007)
7. Revocation: In the event of an alleged violation of the provisions of any special use granted pursuant to this chapter, notice of such violation shall be served upon the applicant to whom the special use was granted. Following the service of a written notice, violation of the special use shall be corrected within a reasonable amount of time as determined based upon the circumstances of the violation. If within the period of time contained in the written notice, the person receiving such an order presents an executed contract or other verifiable documentation that the work necessary to eliminate the violation is underway, and if the appropriate Village staff is satisfied that work is in progress and a diligent effort is underway to correct the violation, extensions of time may be granted at the discretion of the building commissioner. The building commissioner may also issue a fine pursuant to section 12-16-6, "Violation, Penalty, And Enforcement", of this chapter. Although, planned unit developments (PUDs) are special uses, revocation of a PUD shall be in accordance with section 12-6-7, "Revocation Of Permits", of this title.
  
  For all violations which have not been corrected within a reasonable period of time, written notice shall be served upon the applicant to whom the special use was granted to give said applicant an opportunity to appear and defend. The notice shall set out a description of the violation and a date and place for a hearing, which shall be at least three (3) days subsequent to the date the notice is served. The notice may be served personally or by certified mail, return receipt requested, upon the aforesaid applicant or his/her agents or responsible employees, or if there is a reasonable inability to effect service in the aforementioned manner, then service may be made by posting in a conspicuous location on the premises.
  
  The hearing on the violation shall be before a three (3) person board which shall be comprised of the chairman of the plan commission or a member of the commission designated by the chairman, who shall act as board chairman, the Village president or a trustee designated by the Village president and the Village attorney or a licensed attorney designated by the Village attorney. Any recommendations or decisions by the board shall be by majority vote.
  
  Minutes of the hearing shall be taken. A report shall be prepared by the board chairman setting out the recommendation of the board as to whether the special use shall be revoked or such other action as the board deems appropriate. A copy of said decision shall be furnished to the applicant along with notice as to the time and place of a hearing before the corporate authorities, if such hearing is required herein. The decision and notice, if required, may be served by first class mail, with sufficient postage thereon to the address where notice was initially served in the matter or by any other method of service described in this section.
  
  If revocation is recommended, the report shall be forwarded to the corporate authorities for their final decision at a hearing at which the applicant may appear and be heard. Any recommendation of the board, other than revocation, shall be considered as a final decision of the board, unless otherwise stated by the board.
  
  All final decisions of the board shall be subject to judicial review pursuant to the provisions of the administrative review law and all amendments and modifications thereof and the rules adopted pursuant thereto. All final decisions of the corporate authorities may be appealed as provided by law. (Ord. 08-19, 6-9-2008)
Subdivisions:
1. Application Requirements: All required documentation for submission to the Village for plan commission review for subdivisions, is detailed in chapter 8, "Subdivisions", of this title.
2. Application Review And Procedure:
  1. Preliminary Plats And Minor Subdivision: All preliminary plat reviews and minor subdivisions shall follow the procedure outlined in subsection A, "Plan Commission Procedure", of this section. All final plats shall follow the procedure set forth in section 12-8-3, "Final Plats", of this title.
3. Standards For Subdivisions: The following standards for evaluating subdivisions shall be applied in a reasonable manner, taking into consideration the restrictions and/or limitations which exist for the site being considered for development:
  1. Orderly Development: The proposed subdivision will encourage orderly and harmonious development within the Village.
  2. Coordination Of Streets: The streets within the proposed subdivision will coordinate with other existing and planned streets within the Village.
  3. Coordination Of Utilities: The utilities within the proposed subdivision will coordinate with existing and planned utilities, and create a uniform system of utilities within the Village.
  4. Consistency With Comprehensive Plan: The proposed subdivision will be evaluated based on its consistency with the overall land use policies of the Village as may be expressed in the Village's comprehensive plan.
Amendments: The amendment process is intended as a tool to adjust the provisions of this title and the zoning map whenever new conditions, situations or knowledge of general significance or application occurs. It is not intended to relieve particular hardships nor to confer special privileges or rights.
1. Authorized Amendments: Where the petitioned amendment is to change the zoning classification of a particular lot, lots or parcel of land, except in the case of annexation, the subject property shall qualify for amendment only when it:
  1. Contains an area of at least thirty two thousand six hundred seventy (32,670) square feet (3/4 acre), or as otherwise noted in this title; or
  2. Has at least three hundred thirty feet (330') of frontage on a public right of way; or
  3. Adjoins a parcel, lot or lots in the same zoning district as the petitioned amendment.
2. Application Requirements: Proposed amendments may be initiated by the board of trustees, the zoning board of appeals, the plan commission, the appearance review commission, the Village staff, or the owner of or other person having a contractual interest in property to be affected by the proposed amendment. Amendments may be initiated by filing an application in the building department and shall contain information and documentation as required by the plan commission, including that which is listed below:
  1. The precise wording of any proposed amendment to the text of this title;
  2. A statement of the need and justification for the proposed amendment;
  3. In the event that the proposed amendment would change the zoning classification of any property, a map, drawn to scale, clearly showing and locating the subject property, its present zoning classification and existing uses, and all existing uses and zoning classifications within two hundred fifty feet (250') of such property; and
  4. Proof of ownership or legal interest in subject property except when applicant is the municipality or its agent.
3. Application Review And Procedure: Detailed in subsequent subsection A, "Plan Commission Procedure", of this section.
4. Standards For Amendments: Where the purpose and effect of the proposed amendment are to change the zoning classification of a particular property, the plan commission shall make specific findings of fact with respect to the following standards:
  1. Existing uses and zoning classifications of the abutting property and within the vicinity of the subject property.
  2. Suitability of the subject property for uses permitted under existing and proposed zoning districts.
  3. Trend of development in the vicinity of the subject property.
  4. Compatibility of the proposed use with purposes and objectives of this title.
  5. Compatibility with the purpose and objectives of the Village's comprehensive plan and, if appropriate, the Waukegan and Dempster Street master corridor plans and the Lehigh/Ferris subarea plan.
  6. Adoption of the proposed amendment only if such adoption is in the public interest and not solely for the applicant's interest. The plan commission may recommend adoption of an amendment changing the subject property's zoning classification to one different than that requested.
5. Effects Of Decision On Amendments:
  1. Effect Of Denial: No application for an amendment which has been denied by the board of trustees shall be resubmitted for a period of one year from the date of the decision, except on the grounds of new evidence or proof of changed conditions found to be valid by the building department.
  2. Effect Of Withdrawal: A petition may be withdrawn at any time prior to a final vote by the plan commission. This withdrawal of the petition does not jeopardize the refiling of an application requesting the same or a similar amendment.
Planned Unit Developments: All planned unit developments shall meet the requirements and standards set forth in chapter 6, "Planned Unit Developments", of this title, and shall be processed for plan commission review pursuant to subsection A, "Plan Commission Procedure", of this section.
Right Of Way Vacation: Upon receipt of an application from the Village administrator pursuant to the procedure set forth in chapter 9, "Accessways", of this title, the plan commission shall make and forward its recommendation at the conclusion of a public hearing, based on the following standards:
1. Whether the parcel or portion thereof is no longer necessary for public use and whether the public interest will be served by such vacation request.
2. Whether the parcel or portion thereof should be vacated and whether public utility easements and any ingress/egress easements are to be maintained.
3. Whether the vacation should be subject to any conditions. (Ord. 07-07, 3-26-2007)

HISTORY
Amended by Ord. 25-17 on 4/22/2025

12-16-5: PUBLIC HEARINGS

Open Meetings And Hearings: All hearings and meetings of the appearance review commission, zoning board of appeals and the plan commission shall be open to the public.

The zoning board of appeals or the plan commission shall, upon receipt of a completed application, select a reasonable time and place for a public hearing. This hearing shall be held within ninety (90) days, following the submission of the application unless the applicant agrees to an extension. (Ord. 07-07, 3-26-2007)
Notice: The building department shall give notice of public hearings for the plan commission and zoning board of appeals in the form and manner as described below, and to the persons identified below:
1. Content: All notices by newspaper and mail shall include the date, time, and place of the public hearing, the purpose of the hearing, and the address or location of the property involved.
2. Newspaper Publication: Notice of all zoning board of appeals/plan commission cases shall be published in a newspaper with general circulation in the Village at least once no less than fifteen (15) days nor more than thirty (30) days before the hearing date.
3. Mail: Notice by regular United States mail shall be sent to all owners of property within two hundred fifty feet (250') of the subject property (100 feet for zoning board of appeals cases involving single- or two-family residences), such notice to be postmarked not less than fifteen (15) days nor more than thirty (30) days before the hearing date.
4. Signs: Signs shall be erected on the property which is the subject of the public hearing, indicating that an upcoming public hearing will be held concerning the property. Such signs shall be conspicuously displayed at least ten (10) days before the public hearing and shall be removed upon the rendering of a decision by the body in question. (Sign size shall be a minimum of 18 inches by 24 inches.) (Ord. 11-29, 8-8-2011)
Conduct Of Public Hearings: Subject to the discretion of the chairperson of the zoning board of appeals and the plan commission, the public hearings shall be conducted as described below:
1. Call To Order/Quorum: Meetings or hearings shall be held at the call of the chairperson or, in his absence, the vice chairperson or at the request of any three (3) members of the body. A majority of the membership shall constitute a quorum.
2. Rights Of Parties And Proximate Owners: The applicant and all property owners entitled to receive written notice shall be allowed the following privileges:
  1. To present witnesses on their own behalf;
  2. To question all witnesses testifying in opposition to their position via the chair;
  3. To examine and reproduce any documents produced at the hearing; and
  4. To be granted, upon request, a continuance for the purpose of presenting evidence to rebut evidence introduced by any other person.
    
    Such rights shall not be granted where undue and unwarranted delay would result or where to do so would tend to produce no new evidence to aid the hearing body in reaching its decision.
3. Rights Of All Persons: Any person may appear and testify at a public hearing, either in person or by a duly authorized agent or attorney, and may submit documentary evidence; provided, however, that the hearing body shall exclude irrelevant, immaterial and unduly repetitious evidence.
  
  If a person is represented by a duly authorized agent or attorney, written authorization must be presented prior to the time that testimony is given or rebuttal made.
4. Continuances Of Hearings: The body conducting the hearing may grant a continuance upon its own motion or at the request of the applicant or proximate owners. The building commissioner or his designee shall notify in writing all members of the hearing body, all parties to the hearing, and any other person designated, on the vote of continuance, of the date, time and place of the hearing.
5. Rules Of Procedure: The appearance review commission, zoning board of appeals and the plan commission shall adopt rules of procedure which comply with provisions of this title or this code. An official copy of these rules shall be filed with the building commissioner, where it shall be open to the public inspection during normal business hours of the Village. Unless otherwise directed by the chairperson, "Robert's Rules Of Order" shall be used in resolving procedural questions.
Examination Of Public Record Information: Any person may examine the application and all other documents on file with the building department pertaining to the matter subject to such notice. Any person shall be entitled to copies of such application and documents per the requirements set forth under the freedom of information act (FOIA). FOIA requests shall be made through the Village administrator's office.
Submission Of Written Statements: Any person may submit written statements in support of or in opposition to the application being heard. Such statements shall be made a part of the public record of the hearing. (Ord. 07-07, 3-26-2007)

12-16-6: VIOLATION, PENALTY, AND ENFORCEMENT

Any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter, shall, upon conviction, be fined in accordance with title 1, chapter 4 of this code for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. In addition to the penalties listed above, the Village may institute appropriate actions to prevent or correct violations of any provision of this chapter. (Ord. 09-16, 10-12-2009)

12-16-7: FEES

Any application for zoning related application including without limitation an appearance or zoning certificate, amendment, special use, planned unit development, subdivision, right of way vacation, variation, or appeal, filed by or on behalf of the owner or owners of the property affected, shall be accompanied by fees set forth in Title 1, Chapter 11 of this Code. (Ord. 20-12, 6-22-2020)

15-07

25-17

Morton Grove City Zoning Code

CHAPTER 12

16 PROJECT APPROVAL PROCESS

12-16-1: ADMINISTRATION

Organization: The administration of this title is vested in the offices of Village government as listed below:
1. Board of trustees.
2. Building commissioner.
3. Plan commission.
4. Zoning board of appeals.
5. Appearance review commission.
Jurisdiction: The jurisdictional authority, membership, and powers and duties of each of the offices of government listed in subsection A of this section, are provided in title 2, "Boards And Commissions", and title 3, "Municipal Departments", of this code. (Ord. 07-07, 3-26-2007)

12-16-2: GENERAL REQUIREMENTS; ALL BUILDINGS AND USES

Zoning Certificates:
1. Certificates Required: No permit or license pertaining to the use of land or buildings shall be issued by any officer or employee of the Village unless the application for such permit has been examined by the building commissioner or his authorized representative, and the building commissioner or his authorized representative has certified that either the proposed structure or use or both comply with all of the provisions of this title. Any permit issued in conflict with the provisions of this code shall be null and void.
2. Information Required: All applications for a permit shall be accompanied by such information as the building commissioner deems necessary to determine and provide for the enforcement of this title. Such information may include, but is not limited to, scale drawings, a legal description of the subject property, proof of ownership, or, if the land is held in trust, a disclosure of all beneficial interests.
3. Effect Of Certification: Certification shall not authorize the establishment or extension of any use nor the development, construction, relocation, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any additional permits and approvals which may be required by the codes and ordinances of the Village including, but not limited to, a building permit, a certificate of occupancy, or subdivision approval.
4. Effect Of Denial: In any case where an application is denied, the building commissioner shall cite the specific provisions of this title upon which such denial is based. If relief from such denial would be available by special permit or variance, the building commissioner shall so state and refer the applicant to the appropriate provisions of this title.
5. Certificates Of Zoning Indicate Full Compliance: Certificates of zoning shall certify that the structure or use for which it is issued is in full compliance with the provisions of this title.
6. Certificates Required For All Structures, Uses: A certificate of zoning shall be required for all structures in the Village, including the following:
  1. Structures or additions to an existing structure constructed after the date of this title, and occupancy of land vacant on the effective date of this title.
  2. When a use or occupancy of any land or structure is changed to any other use or occupancy, whether or not construction, reconstruction, remodeling, alteration or moving is involved.
  3. Home occupations.
7. Exemptions From Certificate Of Zoning Requirements: Reoccupancy of existing single-family residential dwelling units shall be exempt from the provisions of this section.
8. Issuance Of Certificate: No certificate of zoning for a building or portion thereof constructed after the effective date of this title shall be issued until the premises is inspected and certified to be in conformity with this title.
9. Notice Of Noncompliance: In the event a certificate of zoning cannot be issued as a result of noncompliance with this title, written notice setting forth the reasons shall be given to the applicant.
10. Appeal: If any application for a certificate of zoning is denied due to apparent noncompliance with this title, such decision may be appealed to the zoning board of appeals as provided in section 12-16-3 of this chapter.
11. Filing Of Certificate: Copies of each certificate of zoning issued is included with the business licenses and shall be kept on file in the finance department and shall be available for public inspection during the regular hours the department is open.
Procedural Control: With the exception of individual single- and two-family structures (and accessory structures thereto), all applications for special use permits, variations, amendments, subdivisions, planned unit developments, and right of way vacations, shall be reviewed and approved by the following prior to plan commission review and pursuant to title 10, chapter 1, article B of this code: building department, fire department, community and economic development department, police department, public works department, appearance commission, and traffic safety commission.
Appearance Review:
1. Appearance Certificate Required: The building commissioner shall not issue a building permit for any new construction, for any renovation or remodeling involving the exterior of any existing structure, or site development, except for one- and two-family residential buildings, until an appearance certificate is issued by the appearance review commission.
  
  The appearance certificate shall consist of a written report over the signature of the commission chairman which shall be attached to the applicant's plans, and forwarded to the building commissioner.
  
  Building permits for new one- and two-family residential buildings or any renovation or remodeling involving the exterior of any existing one- or two-family residential building, shall not be issued until the building commissioner has approved plans for compliance with chapter 11, "Landscaping And Trees", and chapter 12, "Design Standards", inclusive, of this title. Appeal from the building commissioner's action regarding landscaping, architectural style, general building design, or exterior materials shall be made to the appearance review commission, following the procedure set forth herein.
2. Standards For Appearance Review: It shall be the responsibility of the commission to determine that the exterior drawings, sketches, landscape plans and materials and other exhibits are appropriate to or compatible with the character of the immediate neighborhood and will comply with the provisions of the regulations and standards set forth in chapter 11, "Landscaping And Trees", and chapter, 12 "Design Standards", of this title.
3. Conditions Of Appearance Review: The commission, prior to making a decision, may require changes in the exterior drawings, sketches, landscape plans, site plans, materials, etc., which will make the application conform to the provisions of chapter 11, "Landscaping And Trees", and chapter 12, "Design Standards", of this title.
4. Application Requirements: The applicant shall file with the building department a complete set of plans and drawings attached to an application for an appearance certificate. These documents shall include:
  1. Current survey and site plan including a legal description, location, and size of all construction, major topographic and landscape features, and showing all buildings, site improvements including sewer and water facilities, parking areas, loading areas, refuse storage areas, exterior work areas, exterior storage areas, equipment, penthouse and equipment on roofs, type and size of screening, landscape plans and graphic representations sufficient in detail to portray the design concept.
  2. Building elevations and drawings and/or graphic representations sufficient in detail to portray the design concept. Written manufacturer's literature or photographic representations of sample exterior materials to be used in the project shall be included.
  3. Drawings to be to scale.
  4. Drawings and specifications of any proposed signs indicating locations, colors, sizes, and heights, including illumination calculations and diagrams.
  5. Manufacturer's illustrations of exterior lighting fixtures for site and buildings including illumination calculations and diagrams.
  6. Final landscaping plans indicating variety, size, spacing and quality of all plant material.
  7. The following statistical data, included independently of the other information. If any data is not relevant to an application, it shall be so noted along with the necessary data:
    1. Gross site area.
    2. Net site area.
    3. Area to be dedicated for public rights of way.
    4. Open sites are calculated in acres, square feet and percentage of total site area.
    5. Net green site areas calculated in acres, square feet and percentage of total site area.
    6. Ground coverage areas calculated in acres, square feet and percentage of gross site area.
    7. Additional documentation may be required to ensure full and proper consideration and disposition of the particular application.
  8. At the commission meeting the applicant seeking an appearance certificate must present the following:
    1. Photographs of adjacent buildings and/or sites or photographs or graphic representations of other buildings or sites which serve to illustrate the proposed project in proper context.
    2. Samples of exterior materials proposed for buildings, screening, etc., showing color texture and type accompanied by a list of materials and specifications.
5. Application Procedure And Review: The required application and documents shall be forwarded to the appearance review commission at least ten (10) days prior to the scheduled meeting date. Meetings of the commission will be scheduled on a regular monthly basis, however, the chairman may schedule special meetings as necessary to ensure the expeditious review of all applications brought before the commission for consideration.
6. Building Department Administration: Upon the granting of an appearance certificate, the exterior drawings, sketches, landscape and site plans, rendering and materials for which said certificate was granted, shall be turned over to the building department whose responsibility it shall be to determine from time to time as the project is in progress and finally, upon its completion, that there were no unauthorized deviations from exhibits upon which the granting of the appearance certificate was originally based. The appearance certificate shall be valid for a period not to exceed twelve (12) months from the date of granting by the appearance review commission and if construction has not commenced, shall be considered null and void thereafter, unless extended by the commission.
7. Applications Which Also Require Plan Commission Review: As required in the Village's procedural control regulations, all land use applications shall be referred to the appearance review commission for review and comment prior to referral to the plan commission. If a variation from chapter 11, "Landscaping And Trees", and chapter 12, "Design Standards", of this title, is requested as part of a plan commission application, it may be considered by the plan commission and the Village board of trustees as part of the plan commission application process. Variations granted by the plan commission and subsequently the board of trustees need not be resubmitted to the appearance review commission.
  
  If a land use permit is granted and the applicant proceeds with his application for a building permit, his building permit application will be forwarded to the appearance review commission for issuance of an appearance certificate as provided for above. The appearance review commission shall not alter approved land use permits, however, all relevant provisions in chapters 11, "Landscaping And Trees", and chapter 12, "Design Standards", of this title, shall be met prior to issuance of an appearance certificate.
8. Resubmittal To Appearance Review Commission: The applicant must reappear before the appearance review commission with an updated or revised presentation if:
  1. At the previous meeting the applicant had not submitted all of the required items;
  2. At the previous meeting the commission required design modifications and clarifications;
  3. At any time prior to the issuance of an occupancy permit, the petitioner wishes to revise plans or change material types previously accepted by the commission.
9. Variances From Chapters 11 And 12 Of This Title: The appearance review commission may grant variances from the appearance standards and technical specifications contained in chapter 11, "Landscaping And Trees", and chapter 12, "Design Standards", of this title, only when such variations are in harmony with the general purpose and intent of the design standards, and only when the appearance review commission finds that in certain circumstances involving the size, shape, topography, location or surroundings affect the property referred to in the application, when denial of said application will cause unreasonable or unnecessary hardship, and/or when said variation will not cause substantial injury to the value of other property within the vicinity nor be detrimental to the public safety or welfare in the neighborhood in which it is located.
  1. Variance Procedures: Applications for variances shall be made in writing on forms provided by the Village. Upon receipt of written request for a variance, the appearance review commission shall schedule a public hearing, to be scheduled as part of the next regularly scheduled meeting, at which all persons with an interest in the project shall be provided with an opportunity to provide either oral or written testimony. The commission shall vote to grant, reject or modify the variance request.
  2. Variance Limitations: Construction shall commence on any approved variance within twelve (12) months from the date of granting by the appearance review commission or the variance shall be considered null and void.
10. Appeal From Action Of Building Commissioner: An aggrieved party may appeal a decision of the building commissioner with regard to the Commissioner's interpretation of any regulation in chapter 11, "Landscaping And Trees", and chapter 12, "Design Standards", of this title, to the appearance review commission. If an applicant believes the building commissioner has erred in his interpretation and enforcement, the applicant shall notify the Village administrator within ten (10) working days after the decision of the building commissioner. The Village administrator shall immediately notify the chairman of the appearance review commission, who shall then place the appeal on the commission's agenda for review. Any request for appeal from an action of the building commissioner shall be processed as stipulated above in subsection C9a, "Variance Procedures", of this section.
  
  The appearance review commission shall hold a public hearing and shall obtain such evidence and testimony from the aggrieved applicant and the building commissioner as deemed appropriate to render a decision, and shall vote to grant, reject or modify the appeal request.
11. Appeal From Decision Of Appearance Review Commission: An aggrieved party may appeal a decision of the appearance review commission regarding issuance of an appearance certificate or a request for variation of chapter 11, "Landscaping And Trees", and chapter 12, "Design Standards", of this title, directly to the board of trustees upon written notice of appeal to the Village clerk received within ten (10) days after the decision of the appearance review commission. The board of trustees shall then schedule a meeting at which the Village board shall serve as a committee of the whole to review the case in question and may accept, reject, or modify the findings or recommendations of the appearance review commission and may grant or deny an appearance certificate or a variance of chapter 11, "Landscaping And Trees", or chapter 12, "Design Standards", of this title, as the board may determine. The decision of the Village board of trustees shall be final and binding on all parties.
Signs: All signs require review and approval by the appearance review commission. For all uses requiring a sign(s), refer to title 10, chapter 10, "Sign Regulations", of this code, for all details regarding procedures, fees, applications, and regulations.
Amendments To Chapters 11 and 12 Of This Title: The appearance review commission may recommend to the board of trustees amendments to chapters 11 and 12 of this title. (Ord. 07-07, 3-26-2007)

12-16-3: PROCEDURE FOR ZONING BOARD OF APPEALS

Variations: It is the intent of this section to provide for exceptions to the application of this title in order to achieve parity among properties similarly located and classified. Specifically, it is to be used to overcome conditions which pose practical difficulty or unnecessary hardship in such a way as to prevent an owner from using his property as intended by this title.
Authorized Variations: The zoning board of appeals shall publicly hear and have the authority to vary the zoning regulations set forth in chapters 2, 3, and 4 of this title, except as otherwise indicated in this title, and except for those regulations regarding permitted, special and prohibited uses in all districts. An authorized variation shall be valid for a period of no longer than one (1) year from the date of approval unless a building permit is issued and construction is actually begun within that period and is thereafter actively pursued to completion, or unless the applicant applies for and the Zoning Board of Appeals grants an extension of time.
Appeals: The zoning board of appeals shall hear and decide appeals regarding decisions, determinations, or failures to act by the building commissioner or other Village official acting within the authority of this title.
1. Parties Entitled To Appear: Any person adversely affected by a decision of the Village staff pursuant to this title may appeal only to the zoning board of appeals as provided in this section.
2. Procedure:
  1. Timely Filing: Appeal to the zoning board of appeals shall be initiated within thirty (30) days after the decision or action.
  2. Format: An appeal shall be filed in writing with the building commissioner, stipulating the decision or action upon which the appeal is filed, along with such information as the zoning board of appeals may require.
  3. Transmittal Of Record: The building commissioner shall, at the time of filing, transmit to the zoning board of appeals all relevant documents.
  4. Public Hearing: The zoning board of appeals shall advertise and conduct a public hearing within forty five (45) days of the date of filing of the appeal.
  5. Public Notice: The zoning board of appeals shall provide notification of the public hearing in accordance with the requirements of section 12-16-5, "Public Hearings", of this chapter.
3. Procedural Control: Following receipt of a complete application of appeal, the building commissioner or Village planner may request input from the traffic safety commission if they find that the project could negatively impact traffic safety. To request input from the traffic safety commission, the building commissioner or Village planner shall distribute applications to the Village engineer and traffic safety commission chairperson. If the traffic safety commission chairperson (or their designees) agree that the project could have a significant impact on the community from a traffic safety perspective, they may request review of the application by the full commission, prior to review by the zoning board of appeals.
4. Effect Of Appeal: An appeal shall stay all proceedings related to the action appealed, unless it is determined by the building commissioner that such a stay would cause imminent peril to life and property.
5. Action By Zoning Board Of Appeals: Within thirty (30) days following the close of the public hearing the zoning board of appeals shall, upon the concurring vote of four (4) members, render a decision on the appeal. Such decision may reverse, affirm or modify, in whole or in part, the action appealed and may include such order or determination as is proper in the opinion of the zoning board of appeals. To that end, the zoning board of appeals shall have the same authority and be subject to the same standards and limitations as the building commissioner or other Village official with respect to the action being appealed.
6. Conditions On Rights Granted By Appeal: In a case where this title imposes conditions upon any right, any right granted by the zoning board of appeals on appeal shall be subject to all conditions in the same manner and to the same extent as if secured without the necessity of an appeal. (Ord. 07-07, 3-26-2007; amd. Ord. 12-22, 6-11-2012)

HISTORY
Amended by Ord. 15-07 on 6/22/2015
Amended by Ord. 25-17 on 4/22/2025

12-16-4: PROCEDURE FOR PLAN COMMISSION

Plan Commission Procedure:
1. Filing: All applications for special use permits, planned unit developments, subdivisions, right of way vacations and amendments which require plan commission review, shall be filed with the building department. The appropriate filing fee, and thirty (30) copies of the completed application and necessary documents must be submitted and contain all of the required information before they will be processed. Right of way vacations must first be processed through the Village administrator before going to plan commission, the procedure of which is identified in section 12-9-5, "Vacation Of Public Rights Of Way", in this title. In addition, the filing of final plats shall follow the procedure in section 12-8-3, "Final Plats", of this title.
2. Procedural Control: Applications filed with the building commissioner and/or Village planner shall be distributed to department directors and chairpersons of the appearance review commission, the traffic safety commission and other officially commissioned bodies determined by the building commissioner to have an interest in the application. If the commission chairpersons of the appearance review and traffic safety commissions (or their designees) determine that the project will have an insignificant negative impact on the community from an appearance or traffic safety perspective, the respective chairpersons shall have the authority to waive the review of the application by the full commission.
  1. Village departmental comments must be returned to the Village planner within ten (10) working days from the date of distribution.
  2. The appearance review commission, traffic safety commission, and any other officially commissioned body to whom application materials were sent shall have twenty four (24) calendar days from the date of distribution to provide comments.
  3. If response is not received within the time period identified, processing will continue, with the notation "No Comments Received" made in materials submitted to the plan commission.
3. Staff/Applicant Conference: A staff/applicant conference shall be held within forty five (45) days of receipt of the completed application. The comments received from the pertinent Village staff and commissions will be discussed with the applicant. The applicant may also make changes to the application, based on staff/commission comments, prior to the plan commission hearing. The results of the staff/applicant conference shall be distributed to the plan commission for use in its deliberations.
4. Plan Commission Hearing: Upon receipt of an application which satisfies the foregoing requirements and has been through procedural control, a public hearing shall be set by the building commissioner or his designee within forty five (45) days of the staff/applicant conference, and advertised in accordance with the requirements set forth in subsequent section 12-16-5, "Public Hearings", the building commissioner or his designee shall transmit all pertinent documents to the plan commission prior to the required public hearing.
5. Plan Commission Action: Within forty five (45) days following the conclusion of the public hearing, the plan commission shall render its decision recommending that the board of trustees either grant the application, grant it subject to conditions, or deny the application.
6. Action By The Board Of Trustees: Within forty five (45) days following the receipt of the recommendation of the plan commission, the board of trustees shall either grant approval of the application, with or without conditions, or remand the application to the plan commission for additional consideration or deny the application. The board of trustees shall consider the findings of fact received from the plan commission in terms of the application's impact on the Village as a whole. The case may be continued at the applicant's request, with concurrence by a majority of the board of trustees.
7. Amendments To An Action: Any application requiring plan commission action, may be amended in accordance with this procedure. Amendments which are minor may go through an abbreviated procedure, (subsection B of this section) which does not require notice or a hearing before the full plan commission.
Abbreviated Procedure:
1. Eligibility: Minor amendments to existing special use permits, planned unit developments and final plats before they are recorded.
2. Filing: Applicants shall submit in writing a list of all items which are being modified from the original ordinance.
3. Review: The building commissioner or his designee, the plan commission chairman, Village administrator, and corporation counsel shall review each eligible application. If they unanimously find that the proposed modification is in substantial compliance with and does not change the intent of the original ordinance, a memorandum will be sent to the board of trustees describing the proposed modification, containing findings as to its impact and specific recommendations, if any.
  
  If they find that the modification is not in substantial compliance or changes the intent of the original ordinance, then the formal plan commission procedure, above, must be repeated.
4. Board Approval: The board of trustees shall review each request for an abbreviated amendment. If the amendment is granted, the board of trustees shall make a finding that the requested amendment is in substantial compliance with the originally enacted ordinance.
Special Use Permits:
1. Purpose: Certain uses because of their unique characteristics cannot be properly classified in any district without consideration of their impact upon adjacent land use and the public need for the specific use in that particular location, and thus require plan commission and Village board evaluation. The special uses within each zoning district are identified in chapter 4, "Zoning Districts", of this title.
2. Application Requirements: An application for a special use may be filed only by the owner or another person having a contractual ownership interest in the subject property. Should the ownership rest in a trust, all beneficiaries of the trust shall be identified on the application. Contract purchases of property shall be required to include the participation of the owner in the application. Applications shall be filed with the building commissioner and shall be accompanied by such documents and information deemed necessary by the plan commission to render a recommendation. Information which will be required is provided on an application form available in the building department and shall be reviewed with the applicant by the building commissioner or his designee.
3. Application Review And Procedure: The procedure is detailed in subsection A, "Plan Commission Procedure", of this section.
4. Conditions Of Special Uses: The plan commission may impose conditions and restrictions regarding the construction, location, and operation of a special use, as requirements for approval. Failure to maintain such conditions or restrictions shall constitute a violation of this title and provide grounds for revocation of the permit for such special use.
5. Standards For Special Uses: The following standards for evaluating special uses shall be applied in a reasonable manner, taking into consideration the restrictions and/or limitations which exist for the site being considered for development:
  1. Preservation Of Health, Safety, Morals, And Welfare: The establishment, maintenance and operation of the special use will not be detrimental to or endanger the public health, safety, morals or general welfare.
  2. Adjacent Properties: The special use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the uses permitted in the zoning district.
  3. Orderly Development: The establishment of the special use will not impede normal and orderly development or impede the utilization of surrounding property for uses permitted in the zoning district.
  4. Adequate Facilities: Adequate utilities, access roads, drainage and other necessary facilities are in existence or are being provided.
  5. Traffic Control: Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the public streets. The proposed use of the subject site should not draw substantial amounts of traffic on local residential streets.
  6. Adequate Buffering: Adequate fencing and/or screening shall be provided to ensure the right of enjoyment of surrounding properties to provide for the public safety or to screen parking areas and other visually incompatible uses.
  7. Conformance To Other Regulations: The special use shall, in all other respects, conform to applicable provisions of this title or amendments thereto. Variation from provisions of this title as provided for in subsection 12-16-3A, "Variations", of this chapter, may be considered by the plan commission and the Village board of trustees as a part of the special use permit.
6. Effects Of Decisions On Special Use Permits:
  1. Effect Of Denial: An application for a special use which has been denied shall not be resubmitted for a period of one year from the date of the decision, except on the grounds of new evidence or proof of changed conditions.
  2. Effect Of Issuance Of Special Use Permit: The issuance of a permit for a special use 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 which may be required by the codes and ordinances of the Village, including, but not limited to, a building permit, a certificate of occupancy, or subdivision approval.
  3. Time Limit For Special Use Permits: A permit for a special use shall be valid for a period no longer than eighteen (18) months from the date of issue unless a building permit is issued and construction is actually begun within that period and is thereafter actively pursued to completion or a certificate of occupancy is obtained and a use commenced within that period.
  4. Effects Of Withdrawal: A petitioner may withdraw a petition from consideration at any time prior to a public hearing before the plan commission with the effect of eliminating the matter from further consideration except by initiation of an entirely new petition. Such a voluntary withdrawal shall not be considered a denial by the plan commission or the board of trustees. (Ord. 07-07, 3-26-2007)
7. Revocation: In the event of an alleged violation of the provisions of any special use granted pursuant to this chapter, notice of such violation shall be served upon the applicant to whom the special use was granted. Following the service of a written notice, violation of the special use shall be corrected within a reasonable amount of time as determined based upon the circumstances of the violation. If within the period of time contained in the written notice, the person receiving such an order presents an executed contract or other verifiable documentation that the work necessary to eliminate the violation is underway, and if the appropriate Village staff is satisfied that work is in progress and a diligent effort is underway to correct the violation, extensions of time may be granted at the discretion of the building commissioner. The building commissioner may also issue a fine pursuant to section 12-16-6, "Violation, Penalty, And Enforcement", of this chapter. Although, planned unit developments (PUDs) are special uses, revocation of a PUD shall be in accordance with section 12-6-7, "Revocation Of Permits", of this title.
  
  For all violations which have not been corrected within a reasonable period of time, written notice shall be served upon the applicant to whom the special use was granted to give said applicant an opportunity to appear and defend. The notice shall set out a description of the violation and a date and place for a hearing, which shall be at least three (3) days subsequent to the date the notice is served. The notice may be served personally or by certified mail, return receipt requested, upon the aforesaid applicant or his/her agents or responsible employees, or if there is a reasonable inability to effect service in the aforementioned manner, then service may be made by posting in a conspicuous location on the premises.
  
  The hearing on the violation shall be before a three (3) person board which shall be comprised of the chairman of the plan commission or a member of the commission designated by the chairman, who shall act as board chairman, the Village president or a trustee designated by the Village president and the Village attorney or a licensed attorney designated by the Village attorney. Any recommendations or decisions by the board shall be by majority vote.
  
  Minutes of the hearing shall be taken. A report shall be prepared by the board chairman setting out the recommendation of the board as to whether the special use shall be revoked or such other action as the board deems appropriate. A copy of said decision shall be furnished to the applicant along with notice as to the time and place of a hearing before the corporate authorities, if such hearing is required herein. The decision and notice, if required, may be served by first class mail, with sufficient postage thereon to the address where notice was initially served in the matter or by any other method of service described in this section.
  
  If revocation is recommended, the report shall be forwarded to the corporate authorities for their final decision at a hearing at which the applicant may appear and be heard. Any recommendation of the board, other than revocation, shall be considered as a final decision of the board, unless otherwise stated by the board.
  
  All final decisions of the board shall be subject to judicial review pursuant to the provisions of the administrative review law and all amendments and modifications thereof and the rules adopted pursuant thereto. All final decisions of the corporate authorities may be appealed as provided by law. (Ord. 08-19, 6-9-2008)
Subdivisions:
1. Application Requirements: All required documentation for submission to the Village for plan commission review for subdivisions, is detailed in chapter 8, "Subdivisions", of this title.
2. Application Review And Procedure:
  1. Preliminary Plats And Minor Subdivision: All preliminary plat reviews and minor subdivisions shall follow the procedure outlined in subsection A, "Plan Commission Procedure", of this section. All final plats shall follow the procedure set forth in section 12-8-3, "Final Plats", of this title.
3. Standards For Subdivisions: The following standards for evaluating subdivisions shall be applied in a reasonable manner, taking into consideration the restrictions and/or limitations which exist for the site being considered for development:
  1. Orderly Development: The proposed subdivision will encourage orderly and harmonious development within the Village.
  2. Coordination Of Streets: The streets within the proposed subdivision will coordinate with other existing and planned streets within the Village.
  3. Coordination Of Utilities: The utilities within the proposed subdivision will coordinate with existing and planned utilities, and create a uniform system of utilities within the Village.
  4. Consistency With Comprehensive Plan: The proposed subdivision will be evaluated based on its consistency with the overall land use policies of the Village as may be expressed in the Village's comprehensive plan.
Amendments: The amendment process is intended as a tool to adjust the provisions of this title and the zoning map whenever new conditions, situations or knowledge of general significance or application occurs. It is not intended to relieve particular hardships nor to confer special privileges or rights.
1. Authorized Amendments: Where the petitioned amendment is to change the zoning classification of a particular lot, lots or parcel of land, except in the case of annexation, the subject property shall qualify for amendment only when it:
  1. Contains an area of at least thirty two thousand six hundred seventy (32,670) square feet (3/4 acre), or as otherwise noted in this title; or
  2. Has at least three hundred thirty feet (330') of frontage on a public right of way; or
  3. Adjoins a parcel, lot or lots in the same zoning district as the petitioned amendment.
2. Application Requirements: Proposed amendments may be initiated by the board of trustees, the zoning board of appeals, the plan commission, the appearance review commission, the Village staff, or the owner of or other person having a contractual interest in property to be affected by the proposed amendment. Amendments may be initiated by filing an application in the building department and shall contain information and documentation as required by the plan commission, including that which is listed below:
  1. The precise wording of any proposed amendment to the text of this title;
  2. A statement of the need and justification for the proposed amendment;
  3. In the event that the proposed amendment would change the zoning classification of any property, a map, drawn to scale, clearly showing and locating the subject property, its present zoning classification and existing uses, and all existing uses and zoning classifications within two hundred fifty feet (250') of such property; and
  4. Proof of ownership or legal interest in subject property except when applicant is the municipality or its agent.
3. Application Review And Procedure: Detailed in subsequent subsection A, "Plan Commission Procedure", of this section.
4. Standards For Amendments: Where the purpose and effect of the proposed amendment are to change the zoning classification of a particular property, the plan commission shall make specific findings of fact with respect to the following standards:
  1. Existing uses and zoning classifications of the abutting property and within the vicinity of the subject property.
  2. Suitability of the subject property for uses permitted under existing and proposed zoning districts.
  3. Trend of development in the vicinity of the subject property.
  4. Compatibility of the proposed use with purposes and objectives of this title.
  5. Compatibility with the purpose and objectives of the Village's comprehensive plan and, if appropriate, the Waukegan and Dempster Street master corridor plans and the Lehigh/Ferris subarea plan.
  6. Adoption of the proposed amendment only if such adoption is in the public interest and not solely for the applicant's interest. The plan commission may recommend adoption of an amendment changing the subject property's zoning classification to one different than that requested.
5. Effects Of Decision On Amendments:
  1. Effect Of Denial: No application for an amendment which has been denied by the board of trustees shall be resubmitted for a period of one year from the date of the decision, except on the grounds of new evidence or proof of changed conditions found to be valid by the building department.
  2. Effect Of Withdrawal: A petition may be withdrawn at any time prior to a final vote by the plan commission. This withdrawal of the petition does not jeopardize the refiling of an application requesting the same or a similar amendment.
Planned Unit Developments: All planned unit developments shall meet the requirements and standards set forth in chapter 6, "Planned Unit Developments", of this title, and shall be processed for plan commission review pursuant to subsection A, "Plan Commission Procedure", of this section.
Right Of Way Vacation: Upon receipt of an application from the Village administrator pursuant to the procedure set forth in chapter 9, "Accessways", of this title, the plan commission shall make and forward its recommendation at the conclusion of a public hearing, based on the following standards:
1. Whether the parcel or portion thereof is no longer necessary for public use and whether the public interest will be served by such vacation request.
2. Whether the parcel or portion thereof should be vacated and whether public utility easements and any ingress/egress easements are to be maintained.
3. Whether the vacation should be subject to any conditions. (Ord. 07-07, 3-26-2007)

HISTORY
Amended by Ord. 25-17 on 4/22/2025

12-16-5: PUBLIC HEARINGS

Open Meetings And Hearings: All hearings and meetings of the appearance review commission, zoning board of appeals and the plan commission shall be open to the public.

The zoning board of appeals or the plan commission shall, upon receipt of a completed application, select a reasonable time and place for a public hearing. This hearing shall be held within ninety (90) days, following the submission of the application unless the applicant agrees to an extension. (Ord. 07-07, 3-26-2007)
Notice: The building department shall give notice of public hearings for the plan commission and zoning board of appeals in the form and manner as described below, and to the persons identified below:
1. Content: All notices by newspaper and mail shall include the date, time, and place of the public hearing, the purpose of the hearing, and the address or location of the property involved.
2. Newspaper Publication: Notice of all zoning board of appeals/plan commission cases shall be published in a newspaper with general circulation in the Village at least once no less than fifteen (15) days nor more than thirty (30) days before the hearing date.
3. Mail: Notice by regular United States mail shall be sent to all owners of property within two hundred fifty feet (250') of the subject property (100 feet for zoning board of appeals cases involving single- or two-family residences), such notice to be postmarked not less than fifteen (15) days nor more than thirty (30) days before the hearing date.
4. Signs: Signs shall be erected on the property which is the subject of the public hearing, indicating that an upcoming public hearing will be held concerning the property. Such signs shall be conspicuously displayed at least ten (10) days before the public hearing and shall be removed upon the rendering of a decision by the body in question. (Sign size shall be a minimum of 18 inches by 24 inches.) (Ord. 11-29, 8-8-2011)
Conduct Of Public Hearings: Subject to the discretion of the chairperson of the zoning board of appeals and the plan commission, the public hearings shall be conducted as described below:
1. Call To Order/Quorum: Meetings or hearings shall be held at the call of the chairperson or, in his absence, the vice chairperson or at the request of any three (3) members of the body. A majority of the membership shall constitute a quorum.
2. Rights Of Parties And Proximate Owners: The applicant and all property owners entitled to receive written notice shall be allowed the following privileges:
  1. To present witnesses on their own behalf;
  2. To question all witnesses testifying in opposition to their position via the chair;
  3. To examine and reproduce any documents produced at the hearing; and
  4. To be granted, upon request, a continuance for the purpose of presenting evidence to rebut evidence introduced by any other person.
    
    Such rights shall not be granted where undue and unwarranted delay would result or where to do so would tend to produce no new evidence to aid the hearing body in reaching its decision.
3. Rights Of All Persons: Any person may appear and testify at a public hearing, either in person or by a duly authorized agent or attorney, and may submit documentary evidence; provided, however, that the hearing body shall exclude irrelevant, immaterial and unduly repetitious evidence.
  
  If a person is represented by a duly authorized agent or attorney, written authorization must be presented prior to the time that testimony is given or rebuttal made.
4. Continuances Of Hearings: The body conducting the hearing may grant a continuance upon its own motion or at the request of the applicant or proximate owners. The building commissioner or his designee shall notify in writing all members of the hearing body, all parties to the hearing, and any other person designated, on the vote of continuance, of the date, time and place of the hearing.
5. Rules Of Procedure: The appearance review commission, zoning board of appeals and the plan commission shall adopt rules of procedure which comply with provisions of this title or this code. An official copy of these rules shall be filed with the building commissioner, where it shall be open to the public inspection during normal business hours of the Village. Unless otherwise directed by the chairperson, "Robert's Rules Of Order" shall be used in resolving procedural questions.
Examination Of Public Record Information: Any person may examine the application and all other documents on file with the building department pertaining to the matter subject to such notice. Any person shall be entitled to copies of such application and documents per the requirements set forth under the freedom of information act (FOIA). FOIA requests shall be made through the Village administrator's office.
Submission Of Written Statements: Any person may submit written statements in support of or in opposition to the application being heard. Such statements shall be made a part of the public record of the hearing. (Ord. 07-07, 3-26-2007)

12-16-6: VIOLATION, PENALTY, AND ENFORCEMENT

12-16-7: FEES

15-07

25-17

Morton Grove City Zoning Code

CHAPTER 12

16 PROJECT APPROVAL PROCESS

12-16-1: ADMINISTRATION

Organization: The administration of this title is vested in the offices of Village government as listed below:
1. Board of trustees.
2. Building commissioner.
3. Plan commission.
4. Zoning board of appeals.
5. Appearance review commission.
Jurisdiction: The jurisdictional authority, membership, and powers and duties of each of the offices of government listed in subsection A of this section, are provided in title 2, "Boards And Commissions", and title 3, "Municipal Departments", of this code. (Ord. 07-07, 3-26-2007)

12-16-2: GENERAL REQUIREMENTS; ALL BUILDINGS AND USES

Zoning Certificates:
1. Certificates Required: No permit or license pertaining to the use of land or buildings shall be issued by any officer or employee of the Village unless the application for such permit has been examined by the building commissioner or his authorized representative, and the building commissioner or his authorized representative has certified that either the proposed structure or use or both comply with all of the provisions of this title. Any permit issued in conflict with the provisions of this code shall be null and void.
2. Information Required: All applications for a permit shall be accompanied by such information as the building commissioner deems necessary to determine and provide for the enforcement of this title. Such information may include, but is not limited to, scale drawings, a legal description of the subject property, proof of ownership, or, if the land is held in trust, a disclosure of all beneficial interests.
3. Effect Of Certification: Certification shall not authorize the establishment or extension of any use nor the development, construction, relocation, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any additional permits and approvals which may be required by the codes and ordinances of the Village including, but not limited to, a building permit, a certificate of occupancy, or subdivision approval.
4. Effect Of Denial: In any case where an application is denied, the building commissioner shall cite the specific provisions of this title upon which such denial is based. If relief from such denial would be available by special permit or variance, the building commissioner shall so state and refer the applicant to the appropriate provisions of this title.
5. Certificates Of Zoning Indicate Full Compliance: Certificates of zoning shall certify that the structure or use for which it is issued is in full compliance with the provisions of this title.
6. Certificates Required For All Structures, Uses: A certificate of zoning shall be required for all structures in the Village, including the following:
  1. Structures or additions to an existing structure constructed after the date of this title, and occupancy of land vacant on the effective date of this title.
  2. When a use or occupancy of any land or structure is changed to any other use or occupancy, whether or not construction, reconstruction, remodeling, alteration or moving is involved.
  3. Home occupations.
7. Exemptions From Certificate Of Zoning Requirements: Reoccupancy of existing single-family residential dwelling units shall be exempt from the provisions of this section.
8. Issuance Of Certificate: No certificate of zoning for a building or portion thereof constructed after the effective date of this title shall be issued until the premises is inspected and certified to be in conformity with this title.
9. Notice Of Noncompliance: In the event a certificate of zoning cannot be issued as a result of noncompliance with this title, written notice setting forth the reasons shall be given to the applicant.
10. Appeal: If any application for a certificate of zoning is denied due to apparent noncompliance with this title, such decision may be appealed to the zoning board of appeals as provided in section 12-16-3 of this chapter.
11. Filing Of Certificate: Copies of each certificate of zoning issued is included with the business licenses and shall be kept on file in the finance department and shall be available for public inspection during the regular hours the department is open.
Procedural Control: With the exception of individual single- and two-family structures (and accessory structures thereto), all applications for special use permits, variations, amendments, subdivisions, planned unit developments, and right of way vacations, shall be reviewed and approved by the following prior to plan commission review and pursuant to title 10, chapter 1, article B of this code: building department, fire department, community and economic development department, police department, public works department, appearance commission, and traffic safety commission.
Appearance Review:
1. Appearance Certificate Required: The building commissioner shall not issue a building permit for any new construction, for any renovation or remodeling involving the exterior of any existing structure, or site development, except for one- and two-family residential buildings, until an appearance certificate is issued by the appearance review commission.
  
  The appearance certificate shall consist of a written report over the signature of the commission chairman which shall be attached to the applicant's plans, and forwarded to the building commissioner.
  
  Building permits for new one- and two-family residential buildings or any renovation or remodeling involving the exterior of any existing one- or two-family residential building, shall not be issued until the building commissioner has approved plans for compliance with chapter 11, "Landscaping And Trees", and chapter 12, "Design Standards", inclusive, of this title. Appeal from the building commissioner's action regarding landscaping, architectural style, general building design, or exterior materials shall be made to the appearance review commission, following the procedure set forth herein.
2. Standards For Appearance Review: It shall be the responsibility of the commission to determine that the exterior drawings, sketches, landscape plans and materials and other exhibits are appropriate to or compatible with the character of the immediate neighborhood and will comply with the provisions of the regulations and standards set forth in chapter 11, "Landscaping And Trees", and chapter, 12 "Design Standards", of this title.
3. Conditions Of Appearance Review: The commission, prior to making a decision, may require changes in the exterior drawings, sketches, landscape plans, site plans, materials, etc., which will make the application conform to the provisions of chapter 11, "Landscaping And Trees", and chapter 12, "Design Standards", of this title.
4. Application Requirements: The applicant shall file with the building department a complete set of plans and drawings attached to an application for an appearance certificate. These documents shall include:
  1. Current survey and site plan including a legal description, location, and size of all construction, major topographic and landscape features, and showing all buildings, site improvements including sewer and water facilities, parking areas, loading areas, refuse storage areas, exterior work areas, exterior storage areas, equipment, penthouse and equipment on roofs, type and size of screening, landscape plans and graphic representations sufficient in detail to portray the design concept.
  2. Building elevations and drawings and/or graphic representations sufficient in detail to portray the design concept. Written manufacturer's literature or photographic representations of sample exterior materials to be used in the project shall be included.
  3. Drawings to be to scale.
  4. Drawings and specifications of any proposed signs indicating locations, colors, sizes, and heights, including illumination calculations and diagrams.
  5. Manufacturer's illustrations of exterior lighting fixtures for site and buildings including illumination calculations and diagrams.
  6. Final landscaping plans indicating variety, size, spacing and quality of all plant material.
  7. The following statistical data, included independently of the other information. If any data is not relevant to an application, it shall be so noted along with the necessary data:
    1. Gross site area.
    2. Net site area.
    3. Area to be dedicated for public rights of way.
    4. Open sites are calculated in acres, square feet and percentage of total site area.
    5. Net green site areas calculated in acres, square feet and percentage of total site area.
    6. Ground coverage areas calculated in acres, square feet and percentage of gross site area.
    7. Additional documentation may be required to ensure full and proper consideration and disposition of the particular application.
  8. At the commission meeting the applicant seeking an appearance certificate must present the following:
    1. Photographs of adjacent buildings and/or sites or photographs or graphic representations of other buildings or sites which serve to illustrate the proposed project in proper context.
    2. Samples of exterior materials proposed for buildings, screening, etc., showing color texture and type accompanied by a list of materials and specifications.
5. Application Procedure And Review: The required application and documents shall be forwarded to the appearance review commission at least ten (10) days prior to the scheduled meeting date. Meetings of the commission will be scheduled on a regular monthly basis, however, the chairman may schedule special meetings as necessary to ensure the expeditious review of all applications brought before the commission for consideration.
6. Building Department Administration: Upon the granting of an appearance certificate, the exterior drawings, sketches, landscape and site plans, rendering and materials for which said certificate was granted, shall be turned over to the building department whose responsibility it shall be to determine from time to time as the project is in progress and finally, upon its completion, that there were no unauthorized deviations from exhibits upon which the granting of the appearance certificate was originally based. The appearance certificate shall be valid for a period not to exceed twelve (12) months from the date of granting by the appearance review commission and if construction has not commenced, shall be considered null and void thereafter, unless extended by the commission.
7. Applications Which Also Require Plan Commission Review: As required in the Village's procedural control regulations, all land use applications shall be referred to the appearance review commission for review and comment prior to referral to the plan commission. If a variation from chapter 11, "Landscaping And Trees", and chapter 12, "Design Standards", of this title, is requested as part of a plan commission application, it may be considered by the plan commission and the Village board of trustees as part of the plan commission application process. Variations granted by the plan commission and subsequently the board of trustees need not be resubmitted to the appearance review commission.
  
  If a land use permit is granted and the applicant proceeds with his application for a building permit, his building permit application will be forwarded to the appearance review commission for issuance of an appearance certificate as provided for above. The appearance review commission shall not alter approved land use permits, however, all relevant provisions in chapters 11, "Landscaping And Trees", and chapter 12, "Design Standards", of this title, shall be met prior to issuance of an appearance certificate.
8. Resubmittal To Appearance Review Commission: The applicant must reappear before the appearance review commission with an updated or revised presentation if:
  1. At the previous meeting the applicant had not submitted all of the required items;
  2. At the previous meeting the commission required design modifications and clarifications;
  3. At any time prior to the issuance of an occupancy permit, the petitioner wishes to revise plans or change material types previously accepted by the commission.
9. Variances From Chapters 11 And 12 Of This Title: The appearance review commission may grant variances from the appearance standards and technical specifications contained in chapter 11, "Landscaping And Trees", and chapter 12, "Design Standards", of this title, only when such variations are in harmony with the general purpose and intent of the design standards, and only when the appearance review commission finds that in certain circumstances involving the size, shape, topography, location or surroundings affect the property referred to in the application, when denial of said application will cause unreasonable or unnecessary hardship, and/or when said variation will not cause substantial injury to the value of other property within the vicinity nor be detrimental to the public safety or welfare in the neighborhood in which it is located.
  1. Variance Procedures: Applications for variances shall be made in writing on forms provided by the Village. Upon receipt of written request for a variance, the appearance review commission shall schedule a public hearing, to be scheduled as part of the next regularly scheduled meeting, at which all persons with an interest in the project shall be provided with an opportunity to provide either oral or written testimony. The commission shall vote to grant, reject or modify the variance request.
  2. Variance Limitations: Construction shall commence on any approved variance within twelve (12) months from the date of granting by the appearance review commission or the variance shall be considered null and void.
10. Appeal From Action Of Building Commissioner: An aggrieved party may appeal a decision of the building commissioner with regard to the Commissioner's interpretation of any regulation in chapter 11, "Landscaping And Trees", and chapter 12, "Design Standards", of this title, to the appearance review commission. If an applicant believes the building commissioner has erred in his interpretation and enforcement, the applicant shall notify the Village administrator within ten (10) working days after the decision of the building commissioner. The Village administrator shall immediately notify the chairman of the appearance review commission, who shall then place the appeal on the commission's agenda for review. Any request for appeal from an action of the building commissioner shall be processed as stipulated above in subsection C9a, "Variance Procedures", of this section.
  
  The appearance review commission shall hold a public hearing and shall obtain such evidence and testimony from the aggrieved applicant and the building commissioner as deemed appropriate to render a decision, and shall vote to grant, reject or modify the appeal request.
11. Appeal From Decision Of Appearance Review Commission: An aggrieved party may appeal a decision of the appearance review commission regarding issuance of an appearance certificate or a request for variation of chapter 11, "Landscaping And Trees", and chapter 12, "Design Standards", of this title, directly to the board of trustees upon written notice of appeal to the Village clerk received within ten (10) days after the decision of the appearance review commission. The board of trustees shall then schedule a meeting at which the Village board shall serve as a committee of the whole to review the case in question and may accept, reject, or modify the findings or recommendations of the appearance review commission and may grant or deny an appearance certificate or a variance of chapter 11, "Landscaping And Trees", or chapter 12, "Design Standards", of this title, as the board may determine. The decision of the Village board of trustees shall be final and binding on all parties.
Signs: All signs require review and approval by the appearance review commission. For all uses requiring a sign(s), refer to title 10, chapter 10, "Sign Regulations", of this code, for all details regarding procedures, fees, applications, and regulations.
Amendments To Chapters 11 and 12 Of This Title: The appearance review commission may recommend to the board of trustees amendments to chapters 11 and 12 of this title. (Ord. 07-07, 3-26-2007)

12-16-3: PROCEDURE FOR ZONING BOARD OF APPEALS

Variations: It is the intent of this section to provide for exceptions to the application of this title in order to achieve parity among properties similarly located and classified. Specifically, it is to be used to overcome conditions which pose practical difficulty or unnecessary hardship in such a way as to prevent an owner from using his property as intended by this title.
Authorized Variations: The zoning board of appeals shall publicly hear and have the authority to vary the zoning regulations set forth in chapters 2, 3, and 4 of this title, except as otherwise indicated in this title, and except for those regulations regarding permitted, special and prohibited uses in all districts. An authorized variation shall be valid for a period of no longer than one (1) year from the date of approval unless a building permit is issued and construction is actually begun within that period and is thereafter actively pursued to completion, or unless the applicant applies for and the Zoning Board of Appeals grants an extension of time.
Appeals: The zoning board of appeals shall hear and decide appeals regarding decisions, determinations, or failures to act by the building commissioner or other Village official acting within the authority of this title.
1. Parties Entitled To Appear: Any person adversely affected by a decision of the Village staff pursuant to this title may appeal only to the zoning board of appeals as provided in this section.
2. Procedure:
  1. Timely Filing: Appeal to the zoning board of appeals shall be initiated within thirty (30) days after the decision or action.
  2. Format: An appeal shall be filed in writing with the building commissioner, stipulating the decision or action upon which the appeal is filed, along with such information as the zoning board of appeals may require.
  3. Transmittal Of Record: The building commissioner shall, at the time of filing, transmit to the zoning board of appeals all relevant documents.
  4. Public Hearing: The zoning board of appeals shall advertise and conduct a public hearing within forty five (45) days of the date of filing of the appeal.
  5. Public Notice: The zoning board of appeals shall provide notification of the public hearing in accordance with the requirements of section 12-16-5, "Public Hearings", of this chapter.
3. Procedural Control: Following receipt of a complete application of appeal, the building commissioner or Village planner may request input from the traffic safety commission if they find that the project could negatively impact traffic safety. To request input from the traffic safety commission, the building commissioner or Village planner shall distribute applications to the Village engineer and traffic safety commission chairperson. If the traffic safety commission chairperson (or their designees) agree that the project could have a significant impact on the community from a traffic safety perspective, they may request review of the application by the full commission, prior to review by the zoning board of appeals.
4. Effect Of Appeal: An appeal shall stay all proceedings related to the action appealed, unless it is determined by the building commissioner that such a stay would cause imminent peril to life and property.
5. Action By Zoning Board Of Appeals: Within thirty (30) days following the close of the public hearing the zoning board of appeals shall, upon the concurring vote of four (4) members, render a decision on the appeal. Such decision may reverse, affirm or modify, in whole or in part, the action appealed and may include such order or determination as is proper in the opinion of the zoning board of appeals. To that end, the zoning board of appeals shall have the same authority and be subject to the same standards and limitations as the building commissioner or other Village official with respect to the action being appealed.
6. Conditions On Rights Granted By Appeal: In a case where this title imposes conditions upon any right, any right granted by the zoning board of appeals on appeal shall be subject to all conditions in the same manner and to the same extent as if secured without the necessity of an appeal. (Ord. 07-07, 3-26-2007; amd. Ord. 12-22, 6-11-2012)

HISTORY
Amended by Ord. 15-07 on 6/22/2015
Amended by Ord. 25-17 on 4/22/2025

12-16-4: PROCEDURE FOR PLAN COMMISSION

Plan Commission Procedure:
1. Filing: All applications for special use permits, planned unit developments, subdivisions, right of way vacations and amendments which require plan commission review, shall be filed with the building department. The appropriate filing fee, and thirty (30) copies of the completed application and necessary documents must be submitted and contain all of the required information before they will be processed. Right of way vacations must first be processed through the Village administrator before going to plan commission, the procedure of which is identified in section 12-9-5, "Vacation Of Public Rights Of Way", in this title. In addition, the filing of final plats shall follow the procedure in section 12-8-3, "Final Plats", of this title.
2. Procedural Control: Applications filed with the building commissioner and/or Village planner shall be distributed to department directors and chairpersons of the appearance review commission, the traffic safety commission and other officially commissioned bodies determined by the building commissioner to have an interest in the application. If the commission chairpersons of the appearance review and traffic safety commissions (or their designees) determine that the project will have an insignificant negative impact on the community from an appearance or traffic safety perspective, the respective chairpersons shall have the authority to waive the review of the application by the full commission.
  1. Village departmental comments must be returned to the Village planner within ten (10) working days from the date of distribution.
  2. The appearance review commission, traffic safety commission, and any other officially commissioned body to whom application materials were sent shall have twenty four (24) calendar days from the date of distribution to provide comments.
  3. If response is not received within the time period identified, processing will continue, with the notation "No Comments Received" made in materials submitted to the plan commission.
3. Staff/Applicant Conference: A staff/applicant conference shall be held within forty five (45) days of receipt of the completed application. The comments received from the pertinent Village staff and commissions will be discussed with the applicant. The applicant may also make changes to the application, based on staff/commission comments, prior to the plan commission hearing. The results of the staff/applicant conference shall be distributed to the plan commission for use in its deliberations.
4. Plan Commission Hearing: Upon receipt of an application which satisfies the foregoing requirements and has been through procedural control, a public hearing shall be set by the building commissioner or his designee within forty five (45) days of the staff/applicant conference, and advertised in accordance with the requirements set forth in subsequent section 12-16-5, "Public Hearings", the building commissioner or his designee shall transmit all pertinent documents to the plan commission prior to the required public hearing.
5. Plan Commission Action: Within forty five (45) days following the conclusion of the public hearing, the plan commission shall render its decision recommending that the board of trustees either grant the application, grant it subject to conditions, or deny the application.
6. Action By The Board Of Trustees: Within forty five (45) days following the receipt of the recommendation of the plan commission, the board of trustees shall either grant approval of the application, with or without conditions, or remand the application to the plan commission for additional consideration or deny the application. The board of trustees shall consider the findings of fact received from the plan commission in terms of the application's impact on the Village as a whole. The case may be continued at the applicant's request, with concurrence by a majority of the board of trustees.
7. Amendments To An Action: Any application requiring plan commission action, may be amended in accordance with this procedure. Amendments which are minor may go through an abbreviated procedure, (subsection B of this section) which does not require notice or a hearing before the full plan commission.
Abbreviated Procedure:
1. Eligibility: Minor amendments to existing special use permits, planned unit developments and final plats before they are recorded.
2. Filing: Applicants shall submit in writing a list of all items which are being modified from the original ordinance.
3. Review: The building commissioner or his designee, the plan commission chairman, Village administrator, and corporation counsel shall review each eligible application. If they unanimously find that the proposed modification is in substantial compliance with and does not change the intent of the original ordinance, a memorandum will be sent to the board of trustees describing the proposed modification, containing findings as to its impact and specific recommendations, if any.
  
  If they find that the modification is not in substantial compliance or changes the intent of the original ordinance, then the formal plan commission procedure, above, must be repeated.
4. Board Approval: The board of trustees shall review each request for an abbreviated amendment. If the amendment is granted, the board of trustees shall make a finding that the requested amendment is in substantial compliance with the originally enacted ordinance.
Special Use Permits:
1. Purpose: Certain uses because of their unique characteristics cannot be properly classified in any district without consideration of their impact upon adjacent land use and the public need for the specific use in that particular location, and thus require plan commission and Village board evaluation. The special uses within each zoning district are identified in chapter 4, "Zoning Districts", of this title.
2. Application Requirements: An application for a special use may be filed only by the owner or another person having a contractual ownership interest in the subject property. Should the ownership rest in a trust, all beneficiaries of the trust shall be identified on the application. Contract purchases of property shall be required to include the participation of the owner in the application. Applications shall be filed with the building commissioner and shall be accompanied by such documents and information deemed necessary by the plan commission to render a recommendation. Information which will be required is provided on an application form available in the building department and shall be reviewed with the applicant by the building commissioner or his designee.
3. Application Review And Procedure: The procedure is detailed in subsection A, "Plan Commission Procedure", of this section.
4. Conditions Of Special Uses: The plan commission may impose conditions and restrictions regarding the construction, location, and operation of a special use, as requirements for approval. Failure to maintain such conditions or restrictions shall constitute a violation of this title and provide grounds for revocation of the permit for such special use.
5. Standards For Special Uses: The following standards for evaluating special uses shall be applied in a reasonable manner, taking into consideration the restrictions and/or limitations which exist for the site being considered for development:
  1. Preservation Of Health, Safety, Morals, And Welfare: The establishment, maintenance and operation of the special use will not be detrimental to or endanger the public health, safety, morals or general welfare.
  2. Adjacent Properties: The special use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the uses permitted in the zoning district.
  3. Orderly Development: The establishment of the special use will not impede normal and orderly development or impede the utilization of surrounding property for uses permitted in the zoning district.
  4. Adequate Facilities: Adequate utilities, access roads, drainage and other necessary facilities are in existence or are being provided.
  5. Traffic Control: Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the public streets. The proposed use of the subject site should not draw substantial amounts of traffic on local residential streets.
  6. Adequate Buffering: Adequate fencing and/or screening shall be provided to ensure the right of enjoyment of surrounding properties to provide for the public safety or to screen parking areas and other visually incompatible uses.
  7. Conformance To Other Regulations: The special use shall, in all other respects, conform to applicable provisions of this title or amendments thereto. Variation from provisions of this title as provided for in subsection 12-16-3A, "Variations", of this chapter, may be considered by the plan commission and the Village board of trustees as a part of the special use permit.
6. Effects Of Decisions On Special Use Permits:
  1. Effect Of Denial: An application for a special use which has been denied shall not be resubmitted for a period of one year from the date of the decision, except on the grounds of new evidence or proof of changed conditions.
  2. Effect Of Issuance Of Special Use Permit: The issuance of a permit for a special use 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 which may be required by the codes and ordinances of the Village, including, but not limited to, a building permit, a certificate of occupancy, or subdivision approval.
  3. Time Limit For Special Use Permits: A permit for a special use shall be valid for a period no longer than eighteen (18) months from the date of issue unless a building permit is issued and construction is actually begun within that period and is thereafter actively pursued to completion or a certificate of occupancy is obtained and a use commenced within that period.
  4. Effects Of Withdrawal: A petitioner may withdraw a petition from consideration at any time prior to a public hearing before the plan commission with the effect of eliminating the matter from further consideration except by initiation of an entirely new petition. Such a voluntary withdrawal shall not be considered a denial by the plan commission or the board of trustees. (Ord. 07-07, 3-26-2007)
7. Revocation: In the event of an alleged violation of the provisions of any special use granted pursuant to this chapter, notice of such violation shall be served upon the applicant to whom the special use was granted. Following the service of a written notice, violation of the special use shall be corrected within a reasonable amount of time as determined based upon the circumstances of the violation. If within the period of time contained in the written notice, the person receiving such an order presents an executed contract or other verifiable documentation that the work necessary to eliminate the violation is underway, and if the appropriate Village staff is satisfied that work is in progress and a diligent effort is underway to correct the violation, extensions of time may be granted at the discretion of the building commissioner. The building commissioner may also issue a fine pursuant to section 12-16-6, "Violation, Penalty, And Enforcement", of this chapter. Although, planned unit developments (PUDs) are special uses, revocation of a PUD shall be in accordance with section 12-6-7, "Revocation Of Permits", of this title.
  
  For all violations which have not been corrected within a reasonable period of time, written notice shall be served upon the applicant to whom the special use was granted to give said applicant an opportunity to appear and defend. The notice shall set out a description of the violation and a date and place for a hearing, which shall be at least three (3) days subsequent to the date the notice is served. The notice may be served personally or by certified mail, return receipt requested, upon the aforesaid applicant or his/her agents or responsible employees, or if there is a reasonable inability to effect service in the aforementioned manner, then service may be made by posting in a conspicuous location on the premises.
  
  The hearing on the violation shall be before a three (3) person board which shall be comprised of the chairman of the plan commission or a member of the commission designated by the chairman, who shall act as board chairman, the Village president or a trustee designated by the Village president and the Village attorney or a licensed attorney designated by the Village attorney. Any recommendations or decisions by the board shall be by majority vote.
  
  Minutes of the hearing shall be taken. A report shall be prepared by the board chairman setting out the recommendation of the board as to whether the special use shall be revoked or such other action as the board deems appropriate. A copy of said decision shall be furnished to the applicant along with notice as to the time and place of a hearing before the corporate authorities, if such hearing is required herein. The decision and notice, if required, may be served by first class mail, with sufficient postage thereon to the address where notice was initially served in the matter or by any other method of service described in this section.
  
  If revocation is recommended, the report shall be forwarded to the corporate authorities for their final decision at a hearing at which the applicant may appear and be heard. Any recommendation of the board, other than revocation, shall be considered as a final decision of the board, unless otherwise stated by the board.
  
  All final decisions of the board shall be subject to judicial review pursuant to the provisions of the administrative review law and all amendments and modifications thereof and the rules adopted pursuant thereto. All final decisions of the corporate authorities may be appealed as provided by law. (Ord. 08-19, 6-9-2008)
Subdivisions:
1. Application Requirements: All required documentation for submission to the Village for plan commission review for subdivisions, is detailed in chapter 8, "Subdivisions", of this title.
2. Application Review And Procedure:
  1. Preliminary Plats And Minor Subdivision: All preliminary plat reviews and minor subdivisions shall follow the procedure outlined in subsection A, "Plan Commission Procedure", of this section. All final plats shall follow the procedure set forth in section 12-8-3, "Final Plats", of this title.
3. Standards For Subdivisions: The following standards for evaluating subdivisions shall be applied in a reasonable manner, taking into consideration the restrictions and/or limitations which exist for the site being considered for development:
  1. Orderly Development: The proposed subdivision will encourage orderly and harmonious development within the Village.
  2. Coordination Of Streets: The streets within the proposed subdivision will coordinate with other existing and planned streets within the Village.
  3. Coordination Of Utilities: The utilities within the proposed subdivision will coordinate with existing and planned utilities, and create a uniform system of utilities within the Village.
  4. Consistency With Comprehensive Plan: The proposed subdivision will be evaluated based on its consistency with the overall land use policies of the Village as may be expressed in the Village's comprehensive plan.
Amendments: The amendment process is intended as a tool to adjust the provisions of this title and the zoning map whenever new conditions, situations or knowledge of general significance or application occurs. It is not intended to relieve particular hardships nor to confer special privileges or rights.
1. Authorized Amendments: Where the petitioned amendment is to change the zoning classification of a particular lot, lots or parcel of land, except in the case of annexation, the subject property shall qualify for amendment only when it:
  1. Contains an area of at least thirty two thousand six hundred seventy (32,670) square feet (3/4 acre), or as otherwise noted in this title; or
  2. Has at least three hundred thirty feet (330') of frontage on a public right of way; or
  3. Adjoins a parcel, lot or lots in the same zoning district as the petitioned amendment.
2. Application Requirements: Proposed amendments may be initiated by the board of trustees, the zoning board of appeals, the plan commission, the appearance review commission, the Village staff, or the owner of or other person having a contractual interest in property to be affected by the proposed amendment. Amendments may be initiated by filing an application in the building department and shall contain information and documentation as required by the plan commission, including that which is listed below:
  1. The precise wording of any proposed amendment to the text of this title;
  2. A statement of the need and justification for the proposed amendment;
  3. In the event that the proposed amendment would change the zoning classification of any property, a map, drawn to scale, clearly showing and locating the subject property, its present zoning classification and existing uses, and all existing uses and zoning classifications within two hundred fifty feet (250') of such property; and
  4. Proof of ownership or legal interest in subject property except when applicant is the municipality or its agent.
3. Application Review And Procedure: Detailed in subsequent subsection A, "Plan Commission Procedure", of this section.
4. Standards For Amendments: Where the purpose and effect of the proposed amendment are to change the zoning classification of a particular property, the plan commission shall make specific findings of fact with respect to the following standards:
  1. Existing uses and zoning classifications of the abutting property and within the vicinity of the subject property.
  2. Suitability of the subject property for uses permitted under existing and proposed zoning districts.
  3. Trend of development in the vicinity of the subject property.
  4. Compatibility of the proposed use with purposes and objectives of this title.
  5. Compatibility with the purpose and objectives of the Village's comprehensive plan and, if appropriate, the Waukegan and Dempster Street master corridor plans and the Lehigh/Ferris subarea plan.
  6. Adoption of the proposed amendment only if such adoption is in the public interest and not solely for the applicant's interest. The plan commission may recommend adoption of an amendment changing the subject property's zoning classification to one different than that requested.
5. Effects Of Decision On Amendments:
  1. Effect Of Denial: No application for an amendment which has been denied by the board of trustees shall be resubmitted for a period of one year from the date of the decision, except on the grounds of new evidence or proof of changed conditions found to be valid by the building department.
  2. Effect Of Withdrawal: A petition may be withdrawn at any time prior to a final vote by the plan commission. This withdrawal of the petition does not jeopardize the refiling of an application requesting the same or a similar amendment.
Planned Unit Developments: All planned unit developments shall meet the requirements and standards set forth in chapter 6, "Planned Unit Developments", of this title, and shall be processed for plan commission review pursuant to subsection A, "Plan Commission Procedure", of this section.
Right Of Way Vacation: Upon receipt of an application from the Village administrator pursuant to the procedure set forth in chapter 9, "Accessways", of this title, the plan commission shall make and forward its recommendation at the conclusion of a public hearing, based on the following standards:
1. Whether the parcel or portion thereof is no longer necessary for public use and whether the public interest will be served by such vacation request.
2. Whether the parcel or portion thereof should be vacated and whether public utility easements and any ingress/egress easements are to be maintained.
3. Whether the vacation should be subject to any conditions. (Ord. 07-07, 3-26-2007)

HISTORY
Amended by Ord. 25-17 on 4/22/2025

12-16-5: PUBLIC HEARINGS

Open Meetings And Hearings: All hearings and meetings of the appearance review commission, zoning board of appeals and the plan commission shall be open to the public.

The zoning board of appeals or the plan commission shall, upon receipt of a completed application, select a reasonable time and place for a public hearing. This hearing shall be held within ninety (90) days, following the submission of the application unless the applicant agrees to an extension. (Ord. 07-07, 3-26-2007)
Notice: The building department shall give notice of public hearings for the plan commission and zoning board of appeals in the form and manner as described below, and to the persons identified below:
1. Content: All notices by newspaper and mail shall include the date, time, and place of the public hearing, the purpose of the hearing, and the address or location of the property involved.
2. Newspaper Publication: Notice of all zoning board of appeals/plan commission cases shall be published in a newspaper with general circulation in the Village at least once no less than fifteen (15) days nor more than thirty (30) days before the hearing date.
3. Mail: Notice by regular United States mail shall be sent to all owners of property within two hundred fifty feet (250') of the subject property (100 feet for zoning board of appeals cases involving single- or two-family residences), such notice to be postmarked not less than fifteen (15) days nor more than thirty (30) days before the hearing date.
4. Signs: Signs shall be erected on the property which is the subject of the public hearing, indicating that an upcoming public hearing will be held concerning the property. Such signs shall be conspicuously displayed at least ten (10) days before the public hearing and shall be removed upon the rendering of a decision by the body in question. (Sign size shall be a minimum of 18 inches by 24 inches.) (Ord. 11-29, 8-8-2011)
Conduct Of Public Hearings: Subject to the discretion of the chairperson of the zoning board of appeals and the plan commission, the public hearings shall be conducted as described below:
1. Call To Order/Quorum: Meetings or hearings shall be held at the call of the chairperson or, in his absence, the vice chairperson or at the request of any three (3) members of the body. A majority of the membership shall constitute a quorum.
2. Rights Of Parties And Proximate Owners: The applicant and all property owners entitled to receive written notice shall be allowed the following privileges:
  1. To present witnesses on their own behalf;
  2. To question all witnesses testifying in opposition to their position via the chair;
  3. To examine and reproduce any documents produced at the hearing; and
  4. To be granted, upon request, a continuance for the purpose of presenting evidence to rebut evidence introduced by any other person.
    
    Such rights shall not be granted where undue and unwarranted delay would result or where to do so would tend to produce no new evidence to aid the hearing body in reaching its decision.
3. Rights Of All Persons: Any person may appear and testify at a public hearing, either in person or by a duly authorized agent or attorney, and may submit documentary evidence; provided, however, that the hearing body shall exclude irrelevant, immaterial and unduly repetitious evidence.
  
  If a person is represented by a duly authorized agent or attorney, written authorization must be presented prior to the time that testimony is given or rebuttal made.
4. Continuances Of Hearings: The body conducting the hearing may grant a continuance upon its own motion or at the request of the applicant or proximate owners. The building commissioner or his designee shall notify in writing all members of the hearing body, all parties to the hearing, and any other person designated, on the vote of continuance, of the date, time and place of the hearing.
5. Rules Of Procedure: The appearance review commission, zoning board of appeals and the plan commission shall adopt rules of procedure which comply with provisions of this title or this code. An official copy of these rules shall be filed with the building commissioner, where it shall be open to the public inspection during normal business hours of the Village. Unless otherwise directed by the chairperson, "Robert's Rules Of Order" shall be used in resolving procedural questions.
Examination Of Public Record Information: Any person may examine the application and all other documents on file with the building department pertaining to the matter subject to such notice. Any person shall be entitled to copies of such application and documents per the requirements set forth under the freedom of information act (FOIA). FOIA requests shall be made through the Village administrator's office.
Submission Of Written Statements: Any person may submit written statements in support of or in opposition to the application being heard. Such statements shall be made a part of the public record of the hearing. (Ord. 07-07, 3-26-2007)