The administration of this chapter is vested in four offices or agencies of the village government as follows:

(1)

Office of the building commissioner (see section 106-42).

(2)

Plan commission (see chapter 62, article II).

(3)

Zoning board of appeals (see chapter 62, article III).

(4)

Village board of trustees (see section 106-43).

(Code 1981, § 10-12-1)

The building commissioner and his authorized organizational personnel shall administer and enforce this chapter, and in addition thereto and in furtherance of such authority shall:

(1)

Issue all zoning certificates, and make and maintain records thereof.

(2)

Issue all certificates of occupancy, and make and maintain records thereof.

(3)

Conduct inspections of buildings, structures and land to determine compliance with this chapter, and notify in writing the person responsible for any violation found, indicating the nature of the violation and ordering the action necessary to correct it.

(4)

Order the discontinuance of illegal use of land, buildings or structures, removal of illegal buildings or structures or of illegal additions, alterations or structural changes, and discontinuance of any illegal work being done, or shall take any other action authorized by statute or by this chapter to ensure compliance with or to prevent violation of its provisions.

(5)

Prepare and cause to be published, on or before March 31 of each year, a map showing the existing zoning uses, divisions, restrictions, regulations and classifications in effect on the preceding December 31.

(6)

Maintain permanent and current records of this chapter, including but not limited to all maps, amendments, special use permits, planned unit developments, variations, appeals and applications therefor.

(7)

Provide and maintain a source of public information relative to all matters arising out of this chapter.

(8)

Receive, file and forward to the plan commission all applications for special use permits, for planned unit development approvals, and for amendments to this chapter.

(9)

Receive, file and forward to the zoning board of appeals all applications for appeals, variations and other matters on which the board is required to pass under this chapter.

(10)

Initiate, direct and review, from time to time, a study of the provisions of this chapter and make recommendations to the plan commission as such study requires.

(11)

Keep the board of trustees advised of zoning activities.

(12)

Decide or make recommendations on all matters under this chapter upon which the building commissioner is required to act.

(Code 1981, § 10-12-2)

(a)

The village board of trustees shall establish the standards, procedures and content of this chapter and shall reserve certain matters of final decision to itself and delegate certain other matters to other individuals or agencies. Decisions of the village board shall be subject to judicial review as the law may provide.

(b)

The jurisdiction of the board shall be as follows:

(1)

Decide on amendments to this chapter after public hearing and report by the plan commission.

(2)

Decide on special use permits after public hearing and report by the plan commission.

(3)

Decide on planned unit developments after public hearing and report by the plan commission.

(4)

Make appointments to the zoning board of appeals and/or plan commission.

(5)

Decide on all other matters required by this chapter.

(Code 1981, § 10-12-3)

(a)

Certification of compliance required. No building or structure shall be erected, constructed, reconstructed, enlarged, moved or structurally altered, nor shall any excavation or grading for any building or structure be done, without a building permit. No building permit, and no other permit pertaining to the use of land, buildings or structures, shall be issued by any employee of the village unless the proposed building or structure and the proposed use thereof comply with all the provisions of this chapter, nor shall any such permit be issued unless the application for such permit has affixed to it or stamped thereon a certificate of the building commissioner certifying such compliance. Any permit or zoning certificate issued in conflict with the provisions of this chapter shall be void.

(b)

Application. Every application for a building permit shall also be deemed an application for a zoning certificate, shall be made in duplicate in such form as the building commissioner may from time to time provide, and shall include:

(1)

Plans in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the sizes and locations on the lot of buildings and structures already existing, if any, the location and dimensions of the proposed building or alteration, the location and dimensions of all proposed off-street parking and loading spaces and accessways thereto, and such other matters as the building commissioner may deem necessary to determine conformance with this chapter.

(2)

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

(3)

A certificate of a registered architect or a registered structural engineer licensed by the state, or, if no architect or engineer was employed, affidavits of the owner and builder that the proposed construction and the proposed use thereof comply with all the provisions of this chapter, or stating the extent of noncompliance. Where the use requires compliance with manufacturing performance standards set forth in this chapter, the certification of a professional engineer, licensed in the state and having an expertise in such standards, shall be required.

(c)

Issuance or denial; appeals. Within 15 days after the receipt of an application for a zoning certificate, the building commissioner shall issue the certificate, provided all applicable provisions of this chapter are complied with, or the building commissioner shall refuse to issue a zoning certificate and shall advise the applicant in writing of the reasons for the refusal. If the building commissioner fails to act within 15 days, the applicant may then file with the building commissioner a written demand that action be taken immediately. If the building commissioner fails to act within three days after receipt of such written demand, the applicant may treat the application as denied and may appeal from such denial to the zoning board of appeals in the manner and subject to the standards of section 106-47.

(d)

Expiration. No building permit shall be valid for a period longer than 180 days from the date of its issuance unless the work authorized by it is substantially under way by the end of such period.

(Code 1981, § 10-12-4)

(a)

Required. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof, hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the building commissioner. No such certificate shall be issued unless the proposed use or occupancy complies with all the provisions of this chapter. Any certificate of occupancy issued in conflict with the provisions of this chapter shall be void.

(b)

Application. An application for a certificate of occupancy shall be made to the building and zoning administrator in such form as he may from time to time provide.

(c)

Issuance. No certificate of occupancy for a building, structure or portion thereof constructed after the effective date hereof shall be issued until construction has been completed and the premises inspected and certified to be in conformity with the plans and specifications upon which the zoning certificate was based. Pending issuance of a regular certificate, a temporary certificate may be issued, to be valid for a period not to exceed six months from its date, during the completion of any addition or during partial occupancy of the premises. A certificate of occupancy shall be issued, or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, not later than 15 days after the building commissioner is notified in writing that the building or premises is ready for occupancy.

(d)

Expiration. No certificate of occupancy shall be valid for a period longer than 90 days from the date of its issuance unless the use or occupancy authorized by it shall have been established within such period.

(e)

New certificate required upon change in ownership, use or construction of industrial operation. Each person who manufactures, assembles or otherwise carries on a function classified as industrial according to the provisions of this chapter must apply for a new occupancy permit each time the person who is operating the establishment changes, or when the use of any building or premises, or both, or part thereof, is erected, changed, converted or wholly or partly altered or enlarged in its use or structure. An occupancy permit will be granted only after the building inspector or his duly appointed agent has inspected the site and structure for conformity to the BOCA code use group classification. A person, for purposes of this subsection, is an individual, firm, association, partnership, corporation, trust or any other legal entity.

(Code 1981, § 10-12-5; Ord. No. 1288, § 1, 1-11-2000)

(a)

Authority of board of appeals. In specific cases in which there are practical difficulties or particular hardship in the way of carrying out the strict letter of the regulations of this chapter, the zoning board of appeals shall have the power and duty to determine and vary the application of such regulations, in harmony with their general purpose and intent, but only in accordance with the requirements set forth in this section.

(b)

Application; notice of hearing.

(1)

An application for a variation shall be filed in duplicate with the village clerk, who shall forward a copy of the application to the board without delay. The application shall be in such form, contain such information, and be accompanied by such plans as the board may by rule require. The board shall hold a public hearing on such application not more than 60 days after its filing. Notice of the time and place of such public hearing shall be published at least once, not more than 30 days and not less than 15 days before the hearing, in a newspaper of general circulation in the village. The published notice may be supplemented by such additional form of notice as the board may provide by rule.

(2)

Signs. In addition, at least 15 days prior to such public hearing, notice thereof shall be posted on the road or street frontage (or if there is no road frontage, at a location determined by the planning and development administrator) of the land being the subject matter of the application for a variation.

a.

Number. One sign shall be required for every 500 feet of frontage or fraction thereof. On corner lots two signs, one facing each street, shall be required. For corner lots, the number of signs facing each street shall be calculated individually based on the frontage of each street. Notwithstanding the total frontage of the property, no more than two signs shall be required per street frontage.

b.

Size.

1.

For variances for residential properties, the sign shall be approximately 18 inches by 24 inches in size, and shall be mounted at least three feet off the ground. The village planning department shall provide the sign blanks and sign support system that must be used by the petitioner. The petitioner shall be required to post a $50.00 cash bond for sign supports at the time of installation. The deposit shall be refunded to the petitioner when the sign is returned to the planning department. The sign shall bear the following:

a.

Zoning hearing.

b.

The action proposed.

c.

New Lenox Village Hall, date and time.

The applicant shall remove all signs within 48 hours of the board of appeals recommendation to the village board. The petitioner shall submit to the board of appeals, before the public hearing, an affidavit stating that all signs were posted in accordance with this subsection (b)(2).

2.

For variances for commercial or industrial properties, the sign shall be approximately four feet by four feet in size. The village planning department shall cause the sign to be installed on the subject property. The sign shall bear the following:

a.

Zoning hearing.

b.

The action proposed.

c.

New Lenox Village Hall, date and time.

(3)

The applicant shall notify all owners of property within 250 feet of the property in question of the public hearing to be conducted by the board of appeals. Such notification shall contain a copy of the application of the petitioner and the time, date and place of the public hearing. Such notice shall be by certified mail, return receipt requested, and delivery made at least ten days prior to the hearing. The applicant shall provide the chairman of the board of appeals an affidavit prior to the public hearing attesting that notice has been made, and attach a copy of the notice and the return receipts.

(4)

In the event a variation request, for which the public hearing has already been held in accordance with section 106-46(b)(1), has not reached final disposition and is not discussed during a regular meeting of the village board or plan commission for a period of six months, it shall not be placed on a future village board or plan commission meeting agenda until notification of property owners as required by section 106-46(b)(3) is again provided.

(c)

Standards; required findings.

(1)

The zoning board of appeals shall not vary the provisions of this chapter as authorized in this section unless it shall have made findings based upon the evidence presented to it in the following cases:

a.

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

b.

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

c.

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

(2)

A variation shall be permitted only if the evidence, in the judgment of the board of appeals, sustains each of the three conditions enumerated in subsection (c)(1) of this section.

(3)

For the purpose of supplementing the standards in subsection (c)(1) of this section, the zoning board of appeals, in making this determination whenever there are practical difficulties or particular hardship, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

(4)

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

(d)

Authorized variations. Variations from the regulations of this chapter shall be granted by the zoning board of appeals only in accordance with the standards set out in this section, and may be granted only in the following instances, and in no others:

(1)

To permit any variance of not more than 25 percent of any site and structure requirements by the applicable zoning district regulations.

(2)

To permit the use of a lot of record on the effective date hereof for a use otherwise prohibited solely because of insufficient area or width of the lot, but in no event shall the respective area and width of the lot be less than 90 percent of the required area and width.

(3)

To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week.

(4)

To reduce the applicable off-street parking or loading facilities required by 20 percent of the applicable regulations.

(5)

To increase by not more than 25 percent the maximum distance that required parking spaces are permitted to be located from the use served.

(6)

To increase by not more than 20 percent the gross area of a sign.

(7)

To increase by not more than one foot the maximum allowable height of a fence.

(e)

Other variations: With the exception of waivers to the Sign Code for temporary signs, variations to Title 10 other than those listed above may be granted by the village board, but only after a public hearing as set forth herein for an authorized variation, and a report of findings from the zoning board of appeals.

(f)

Expiration; abandonment of use. No order of the board granting a variation shall be valid for a period longer than 180 days from the date of such order unless a building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period. The board may grant one extension of this period, valid for no more than 180 additional days, upon written application, and good cause shown, without notice or hearing. If any of the benefits conferred by any variation, whether heretofore or hereafter granted, are abandoned, or are not utilized for any continuous period of one year, the variation shall, to the extent of such abandonment or nonutilization, become void.

(g)

Decisions. Not more than 60 days after the close of the public hearing, the board shall make its findings of fact and its determination, in writing, and shall forthwith transmit a copy thereof to the applicant. The concurring vote of four members of the board shall be necessary to grant a variation.

(Code 1981, § 10-12-6; Ord. No. 1189, §§ 1—4(10-12-6), 4-14-1998; Ord. No. 1416, § 2, 9-11-2002; Ord. No. 1465, §§ 1, 2, 5-13-2003)

(a)

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

(b)

Right of appeal; filing of notice of appeal. An appeal in which it is alleged that there is error in any decision made by the building commissioner under this chapter may be taken to the board by any person or governmental agency aggrieved by such decision or by any department, officer, board or bureau of the village. Such an appeal shall be taken within such time as shall be prescribed by the board by rule, but no longer than 45 days, by filing with the village clerk a notice of appeal in such form as the board may provide by rule. The building commissioner shall, without delay, forward to the board a copy of the notice of appeal, together with all of the papers constituting the record upon which the decision appealed from was made.

(c)

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

(d)

Notice of hearing. The board shall select a reasonable time and place for the hearing of the appeal and give notice thereof to the parties, including the appellant, the building commissioner and any other affected party who has requested in writing that he be so notified.

(e)

Decisions. The board shall render a written decision on the appeal within a reasonable time, but in no event more than 60 days after the filing of the notice of appeal, and shall promptly forward a copy of the decision to the parties. The board may affirm or may, upon the concurring vote of four members, reverse, wholly or in part, or modify, the decision of the building commissioner, as in its opinion ought to be done, and to that end shall have all the powers of the building commissioner. All decisions, after hearing of the zoning board of appeals on appeals from an administrative order, requirement, decision or determination of the building commissioner, shall, in all instances, be final administrative determinations and shall be subject to judicial review only in accordance with applicable state statutes.

(Code 1981, § 10-12-7)

(a)

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

(1)

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

(2)

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

(b)

Authority of village board. Special use permits may be granted by the village board, but only in accordance with the requirements set forth in this section.

(c)

Application; notice of hearing.

(1)

An application for a special use permit shall be filed in duplicate with the village clerk, who shall forward a copy of the application to the plan commission without delay. The application shall be in such form, contain such information, and be accompanied by such plans as the plan commission may by rule require. The plan commission shall hold a public hearing on such application not more than 60 days after its filing. Notice of the time and place of such public hearing shall be published at least once, not more than 30 days and not less than 15 days before the hearing, in a newspaper of general circulation in the village. The published notice may be supplemented by such additional form of notice as the commission may provide by rule.

(2)

Signs. In addition, at least 15 days prior to such public hearing, notice thereof shall be posted on the road or street frontage (or if there is no road frontage, at a location determined by the planning and development administrator) of the land being the subject matter of the application for a special use permit.

a.

Number. One sign shall be required for every 500 feet of frontage or fraction thereof. On corner lots two signs, one facing each street, shall be required. For corner lots, the number of signs facing each street shall be calculated individually based on the frontage of each street. Notwithstanding the total frontage of the property, no more than two signs shall be required per street frontage.

b.

Size.

1.

For properties less than ten acres in size, the sign shall be approximately four feet by four feet in size. The village planning department shall cause the sign to be installed on the subject property. The sign shall bear the following:

a.

Zoning hearing.

b.

The action proposed.

c.

New Lenox Village Hall, date and time.

2.

For properties ten acres or greater in size, the sign shall be approximately four feet by eight feet in size. The village planning department shall cause the sign to be installed on the subject property. The sign shall bear the following:

a.

Zoning hearing.

b.

The action proposed.

c.

New Lenox Village Hall, date and time.

(3)

The applicant shall notify all owners of property within 250 feet of the property in question of the public hearing to be conducted by the plan commission. Such notification shall contain a copy of the application of the petitioner and the time, date and place of the public hearing. Such notice shall be by certified mail, return receipt requested, and delivery made at least ten days prior to the hearing. The applicant shall provide the chairman of the plan commission an affidavit prior to the public hearing attesting that notice has been made, and attach a copy of the notice and the return receipts.

(4)

In the event a special use permit request, for which the public hearing has already been held in accordance with Section 106-48(c)(1), has not reached final disposition and is not discussed during a regular meeting of the village board or plan commission for a period of six months, it shall not be placed on a future village board or plan commission meeting agenda until notification of property owners as required by section 106-48(c)(3) is again provided.

(d)

Report and recommendation by plan commission. Within 60 days after the close of the hearing, unless the applicant shall have consented to a longer period, the commission shall transmit to the village board a written report giving its findings and recommendations for action to be taken by the village board on the application. The report shall include any recommended conditions or restrictions to be imposed upon the premises benefited by the special use permit.

(e)

Required findings of fact. The plan commission shall not recommend approval of a special use permit unless evidence is presented to establish that:

(1)

The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community;

(2)

The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare;

(3)

The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations;

(4)

The proposed building or use has been considered in relation to the goals and objectives of the comprehensive plan of the village; and

(5)

There shall be reasonable assurance that the proposed buildings or use will be completed and maintained in a timely manner, if authorized.

(f)

Standards for specific uses. No special use permit shall be granted for any of the following uses unless they comply with all of the standards set forth herein, in addition to any other standards as may be elsewhere set forth in this chapter.

(1)

Provisions for financial institutions. In addition to the other standards set forth in this section, a special use permit for a financial institution shall be granted only if evidence is presented to establish that:

a.

The village will derive benefit through the granting of a special use permit for the proposed financial institution; and,

b.

If the proposed financial institution is part of a larger shopping center, the proportion of the square footage of the shopping center devoted to the financial institution and the location of the financial institution within the shopping center is in the public interest.

(2)

Provisions for outdoor areas for dining and drinking establishments. In addition to the other standards set forth in this section, in granting a special use for outdoor areas for dining and drinking establishments, the plan commission and village board shall consider the following:

a.

The size and configuration of the outdoor area will not negatively impact the use and enjoyment of the neighboring properties.

b.

The entrance to the outdoor area is controlled to prevent the passing of food and/or beverages to patrons off of the premises.

c.

Adequate screening and/or fencing of the outdoor area is provided to protect the use and enjoyment of neighboring properties.

d.

The use of external speakers in the outdoor area, if permitted, will not be detrimental to the general welfare of the neighborhood.

e.

Live entertainment in the outdoor area, if permitted, will not be detrimental to the general welfare of the neighborhood.

f.

Hours of operation of the outdoor area will not negatively impact the use and enjoyment of the neighboring properties.

(3)

Provisions for medical cannabis cultivation centers. In addition to the other standards set forth in this section, no special use for a medical cannabis cultivation center shall be granted for any property located within 2,500 feet of the property line of a pre-existing public or private pre-school or elementary or secondary school; day care center, day care home, group day care home, part day child care facility; public park; church or other place of worship; or an area zoned for residential use or designated for residential use on the village's comprehensive plan.

(4)

Provisions for medical cannabis dispensing organizations. In addition to the other standards set forth in this section, no special use for a medical cannabis dispensing organization shall be granted for any property located within 100 feet of the property line of a pre-existing public or private pre-school or elementary or secondary school; day care center, day care home, group day care home, part day child care facility; or church or other place of worship.

(5)

Provisions for adult use cannabis business establishments.

a.

The number of adult use cannabis business establishments shall be limited as follows:

1.

The total number of adult use cannabis dispensing organizations shall be limited to one such establishment in the village corporate limits.

2.

The total number of adult use cannabis infuser organizations shall be limited to one such establishment in the village corporate limits, and shall only be collocated with an adult use cannabis dispensing organization.

3.

The total number of adult use cannabis cultivation centers shall be limited to one such establishment in the village corporate limits.

b.

All adult use cannabis business establishments shall strictly comply with all regulations provided in the adult use cannabis act as it may be amended from time to time, all regulations promulgated thereunder, the provisions of this section, and all other applicable provisions of this chapter, including the limitations on advertising and promotions set forth in the adult use cannabis act. In the event of a conflict between the adult use cannabis act, any state regulations, and the village's ordinances and regulations, the most restrictive of the act or the state or local regulations shall apply to the extent permitted by law. No special use permit shall be granted for any adult use cannabis business establishment unless the applicant for said special use permit provides adequate assurances to the village that the establishment will be operated in full compliance with all applicable laws.

c.

In considering an application for a special use permit for an adult use cannabis business establishment, the plan commission and village board shall consider the following:

1.

The compatibility of the proposed establishment with surrounding uses.

2.

The impact of the proposed establishment on existing or planned uses located within the vicinity of the subject property.

3.

The proposed structure in which the establishment will be located, including co-tenancy (if in a multi-tenant building), total square footage, security installations and security plan, and building code compliance.

4.

The hours of operation and anticipated number of customers and employees.

5.

The anticipated parking demand and available off-street parking supply.

6.

The anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways.

7.

Site design, including access points, internal site circulation, and proposed security measures.

8.

Signage plan.

9.

Compliance with all other applicable requirements and standards set forth in the Village of New Lenox Village Code.

10.

Other criteria determined to be necessary to assess compliance with this chapter.

d.

In addition to the other standards set forth in this section:

1.

No special use for an adult use cannabis dispensing organization or adult use cannabis infuser organization shall be granted for any property located less than 100 feet from the property line of an existing public or private nursery school, pre-school, primary or secondary school, day care center, day care home, residential care home, hospital, military or naval station, or church. No adult use cannabis dispensing organization shall be located less than 1,500 feet from of the property line of another adult use cannabis dispensing organization, unless the applicant is a social equity applicant or social equity justice involved applicant located or seeking to locate within 1,500 feet of a dispensing organization licensed under section 15-15 or section 15-20 [410 ILCS 705/15-15 or 410 ILCS 705/15-20] as may be amended, or unless the village approves the co-location of an adult use cannabis dispensing organization with an adult use cannabis infuser organization subject to the provisions of the adult use cannabis act.

2.

No special use for an adult use cannabis cultivation center shall be granted for any property located less than 1,500 feet from of the property line of an existing public or private nursery school, pre-school, primary or secondary school, day care center, day care home, residential care home, park, church, property used or zoned for residential purposes, or other adult use cannabis business establishment.

3.

The adult use cannabis business establishment shall be the sole use of any tenant space in which it is located, except to the extent that it may be collocated with other adult use cannabis business establishments as provided in this section.

4.

The applicant shall install any and all building enhancements, including, but not limited to, security cameras, lighting, or other improvements as set forth in the special use permit, as the village may deem necessary to ensure the safety of the adult use cannabis business establishment's employees and customers, as well as all other persons as may be found in the general vicinity of such establishment. Said improvements shall be determined based on the specific characteristics of the floor plan for an adult use cannabis business establishment and the site on which it is located, consistent with the requirements of the adult use cannabis act.

5.

The adult use cannabis business establishment shall not conduct any sales or distribution of cannabis other than as authorized by the adult use cannabis act.

6.

On-site consumption of cannabis shall be prohibited.

7.

Adult use cannabis dispensing organizations shall be prohibited from also selling food for consumption on the premises.

8.

The applicant shall file an affidavit with the village affirming compliance with all requirements of this chapter and the adult use cannabis act, including all regulations promulgated thereunder.

(g)

Expiration; abandonment of use. No special use permit shall be valid for a period longer than 180 days from the date it is granted unless a building permit or certificate of occupancy is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period. The village board may grant one extension of this period, valid for no more than 180 days, upon written application and good cause shown, without notice or hearing. If any special use is abandoned, or is discontinued for a continuous period of one year, the special use permit for such use shall become void, and such use shall not thereafter be reestablished unless a new special use permit is obtained.

(h)

Decision by village board. The village board, upon report of the plan commission and without further public hearing, may grant or deny any proposed special use in accordance with applicable statutes of the state, or may refer it back to the plan commission for further consideration.

(i)

Planned unit developments. A planned unit development shall be granted a special use permit. The standards, requirements and procedures granted shall be in accordance with article VII of this chapter.

(Code 1981, § 10-12-8; Ord. No. 1416, § 3, 9-11-2002; Ord. No. 1465, §§ 3, 4, 5-13-2003; Ord. No. 1826, § 2, 12-19-2006; Ord. No. 2399, § 2, 2-10-2014; Ord. No. 2966, § 3, 1-10-2022)

(a)

Authority of village board. The regulations and districts established by this chapter may be amended from time to time by the village board through the enactment of an amending ordinance. No such amendment shall be made without a public hearing before the plan commission and after a report of findings and recommendations has been submitted to the village board by the plan commission.

(b)

Initiation; limitation on reapplication.

(1)

Amendments may be proposed by the board of trustees, the plan commission and any other person having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase or any exclusive possessory interest which is specifically enforceable on the land which is described in the application for an amendment.

(2)

No application for amendment to this chapter shall be made which proposes reclassification of any of the same property for the same zoning district that has been the subject of a public hearing held by the plan commission within the 12 months preceding the date of filing.

(c)

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

(1)

Filing of application. An application for an amendment shall be filed with the village clerk and thereafter entered into the records of the first meeting thereafter of the village board.

(2)

Forwarding of application to plan commission. A copy of such application shall thereafter be forwarded by the village clerk to the plan commission with a request to hold a public hearing and submit to the village board a report of its findings and recommendations.

(3)

Public hearing; notice of public hearing.

a.

The plan commission shall hold a public hearing on such application for a change in zoning classification not more than 60 days after its filing. Notice of the time and place of such public hearing shall be published at least once, not more than 30 days and not less than 15 days before the hearing, in a newspaper of general circulation in the village. The published notice may be supplemented by such additional form of notice as the commission may provide by rule.

b.

Signs. In addition, at least 15 days prior to such public hearing, notice thereof shall be posted on the road or street frontage (or if there is no road frontage, at a location determined by the planning and development administrator) of the land being the subject matter of the application for a change in zoning classification.

1.

Number. One sign shall be required for every 500 feet of frontage or fraction thereof. On corner lots two signs, one facing each street, shall be required. For corner lots, the number of signs facing each street shall be calculated individually based on the frontage of each street. Notwithstanding the total frontage of the property, no more than two signs shall be required per street frontage.

2.

Size.

a.

For properties less than ten acres in size, the sign shall be approximately four feet by four feet in size. The village planning department shall cause the sign to be installed on the subject property. The sign shall bear the following:

1.

Zoning hearing.

2.

The action proposed.

3.

New Lenox Village Hall, date and time.

b.

For properties ten acres or greater in size, the sign shall be approximately four feet by eight feet in size. The village planning department shall cause the sign to be installed on the subject property. The sign shall bear the following:

1.

Zoning hearing.

2.

The action proposed.

3.

New Lenox Village Hall, date and time.

c.

The applicant shall notify all owners of property within 250 feet of the property in question of the public hearing to be conducted by the plan commission. Such notification shall contain a copy of the application of the petitioner and the time, date and place of the public hearing. Such notice shall be by certified mail, return receipt requested, and delivery made at least ten days prior to the hearing. The applicant shall provide the chairman of the plan commission an affidavit prior to the public hearing attesting that notice has been made, and attach a copy of the notice and the return receipts.

(4)

In the event a change in zoning classification request, for which the public hearing has already been held in accordance with section 106-49(c)(3)(a), has not reached final disposition and is not discussed during a regular meeting of the village board or plan commission for a period of six months, it shall not be placed on a future village board or plan commission meeting agenda until notification of property owners as required by section 106-49(c)(3)(c) is again provided.

(d)

Decision by village board; protests.

(1)

The village board, upon report of the plan commission and without further public hearing, may grant or deny any proposed amendment in accordance with applicable state statutes, or may refer it back to the plan commission for further consideration.

(2)

If no action is taken by the village board within six months after the report of the plan commission, the application shall be deemed to have been denied and shall not thereafter be granted.

(3)

In case a written protest against any proposed amendment signed and acknowledged by owners of 20 percent of the frontage immediately adjoining, or across an alley therefrom, or by owners of 20 percent of the frontage directly opposite the frontage to be altered, is filed with the village clerk, the amendment cannot be passed except on the favorable vote of two-thirds of all members of the village board.

(Code 1981, § 10-12-9; Ord. No. 1416, § 4, 9-11-2002; Ord. No. 1465, §§ 5, 6, 5-13-2003)

(a)

Generally.

(1)

The village board shall establish a schedule of fees, charges and expenses required for building permits, zoning certificates, certificates of occupancy, variations, special use permits, temporary use permits, amendments, planned unit development approvals and other matters pertaining to this chapter.

(2)

Until all such required fees have been paid, no application for any of such matters shall be deemed to have been filed and no action shall be taken on such application.

(3)

All fees shall be paid to the village clerk, and none shall in any event be refunded.

(b)

Petitions requiring hearing before plan commission or zoning board of appeals.

(1)

Filing fee; fee for special meeting. The filing of a petition pursuant to the provisions of this chapter which requires a hearing before the plan commission or the zoning board of appeals to be conducted on the same evening which is a regular meeting of either the plan commission or zoning board of appeals shall be accompanied with a filing fee, payable to the village, as follows:

a.

Variance for residential property—$250.00 for the first variance plus $25.00 for each additional site and structure requirement to be varied

b.

Variance for commercial or industrial property—$500.00 for the first variance plus $50.00 for each additional site and structure requirement to be varied

c.

Special use permit—$500.00

d.

Change in zoning classification for property less than one acre in size—$250.00

e.

Change in zoning classification for property one acre or greater in size—$500.00 for one zoning district change plus $100.00 for each additional zoning district requested for the same lot, parcel or tract.

f.

Preliminary planned unit development—$1,000.00 plus $50.00 per acre

g.

Final planned unit development—$1,000.00 plus $5.00 per lot

If a hearing on any such petition is requested to be held by the petitioner before either the plan commission or the zoning board of appeals at any time other than a regular meeting date, then the filing fee and the petition shall be accompanied with a fee equal to the amount that would be paid to the plan commission or zoning board of appeals as a whole for their attendance at a regularly held public meeting, and, as a condition precedent to the calling of the special meeting, that sum shall be paid to the village clerk for a special meeting. The plan commission or the zoning board of appeals, at its sole discretion, shall determine the date on which it shall conduct a hearing, and it shall cause appropriate legal notices and public meeting notifications to be published and posted as provided for in the Illinois Compiled Statutes, as revised.

(2)

Separate petition required for each noncontiguous parcel. Petitions for reclassification of zoning shall be filed separately for each noncontiguous or non-adjoining lot, parcel or tract of property. For each separate petition so filed there shall be paid fees in accordance with subsection (b)(1) of this section.

(3)

Reimbursement of village for costs of professional assistance. In accordance with applicable state and local law, the village may require the applicant to execute and deliver to the village a professional fee agreement and security deposit as set forth in section 18-5.

(Code 1981, § 10-12-10; Ord. No. 1465, § 7, 5-13-2003; Ord. No. 1478, § 1, 6-24-2003; Ord. No. 1934, § 2, 3-24-2008; Ord. No. 2150, § 8, 12-20-2010)

(a)

Any person who violates, disobeys, omits, neglects or refuses to comply with, or resists enforcement of any provisions of this chapter shall be subject to a fine of not less than $25.00 and not more than as provided in section 1-9 for each offense. A separate offense shall be deemed committed for each day a violation is permitted to exist after notification thereof.

(b)

The owner or tenant of any building, structure or land, and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation, may each be found guilty of a separate offense and suffer the penalties provided in this section.

(c)

Nothing contained in this section shall prevent the village from taking such other lawful action as is necessary to prevent or remedy any violation.

(Code 1981, § 10-12-11)