A.

All applications must be submitted in accordance with Section 14.1.

B.

All notice for public hearings or meetings must meet the requirements of Section 14.2.

C.

All public hearings must be conducted in accordance with Section 14.3

A.

Purpose

The regulations imposed and the districts created by this Ordinance may be amended from time to time in accordance with this section. This process for amending the Zoning Ordinance text or the Zoning Map is intended to allow modifications in response to omissions or errors, changed conditions, or changes in Village policy. Amendments are not intended to relieve particular hardships or confer special privileges or rights upon any person or party.

B.

Initiation

1.

The Village Board, the Planning and Zoning Board, or any other person may propose a zoning text amendment.

2.

The Village Board, the Planning and Zoning Board, or a property owner in the Village, or his/her designee, may propose zoning map amendments.

C.

Authority

The Village Board, after receiving a recommendation from the Planning and Zoning Board, will take formal action on requests for zoning text or map amendments.

D.

Procedure

All applications must be filed with the Director of Community Development. Once it is determined that the application is complete, the Director of Community Development will schedule the application for consideration by the Planning and Zoning Board. Amendments initiated by the Village Board or the Planning and Zoning Board also require an application, but are exempt from fees.

1.

Action by Planning and Zoning Board

a.

Within 60 days of receipt of a complete application, unless an extension of time is agreed to by the applicant and the Director of Community Development, the Planning and Zoning Board will consider the proposed zoning amendment at a public hearing.

b.

The Planning and Zoning Board must evaluate the application based upon the evidence presented at the public hearing, pursuant to the approval standards of this section. For zoning text amendments, the Planning and Zoning Board must recommend approval, approval with conditions, or denial of the application. For zoning map amendments, the Planning and Zoning Board must recommend approval or denial of the application.

c.

Within 60 days of the close of the public hearing, the Planning and Zoning Board must forward its recommendation to the Village Board, unless an extension is agreed to by the applicant.

2.

Action by Village Board

The Village Board will review the proposed amendment within 60 days of receipt of the Planning and Zoning Board recommendation, unless an extension of time is agreed to by the applicant and the Village Board. The Village Board may take action in the form of approval, approval with conditions, or denial on applications for zoning text amendments, and approval or denial on applications for zoning map amendments, remand the issue back to the Planning and Zoning Board for further consideration, or table the discussion until a future meeting of the Village Board.

E.

Approval Standards

The Planning and Zoning Board recommendation and the Village Board decision on any zoning text or map amendment is a matter of legislative discretion that is not controlled by any particular standard. However, in making their recommendation and decision, the Planning and Zoning Board and the Village Board must consider the following standards. The approval of amendments is based on a balancing of these standards.

1.

Approval Standards for Map Amendments

a.

The consistency of the proposed amendment with the Comprehensive Plan and any adopted land use policies.

b.

The compatibility with the existing use and zoning of nearby property.

c.

The extent to which property values of the subject property are diminished by the existing zoning.

d.

The extent to which the proposed amendment promotes the public health, safety, and welfare of the Village.

e.

The relative gain to the public, as compared to the hardship imposed upon the applicant.

f.

The suitability of the property for the purposes for which it is presently zoned, i.e. the feasibility of developing the property in question for one or more of the uses permitted under the existing zoning classification.

g.

The length of time that the property in question has been vacant, as presently zoned, considered in the context of development in the area where the property is located.

h.

That the proposed amendment will benefit the residents of the Village as a whole, and not just the applicant, property owner(s), neighbors of any property under consideration, or other special interest groups, and the extent to which the proposed use would be in the public interest and would not serve solely the interest of the applicant.

i.

The extent to which the proposed amendment creates nonconformities.

j.

The trend of development, if any, in the general area of the property in question.

k.

Whether adequate public facilities are available including, but not limited to, schools, parks, police and fire protection, roads, sanitary sewers, storm sewers, and water lines, or are reasonably capable of being provided prior to the development of the uses, which would be permitted on the subject property if the amendment were adopted.

2.

Approval Standards for Text Amendments

a.

The consistency of the proposed amendment with the Comprehensive Plan.

b.

The extent to which the proposed amendment promotes the public health, safety, and welfare of the Village.

c.

The relative gain to the public, as compared to the hardship imposed upon the applicant.

d.

The consistency of the proposed amendment with the intent and general regulations of this Ordinance.

e.

Whether the proposed amendment corrects an error or omission, adds clarification to existing requirements, or reflects a change in policy.

f.

Whether the proposed amendment provides a more workable way to achieve the intent and purposes of this Ordinance and the Comprehensive Plan.

g.

The extent to which the proposed amendment creates nonconformities.

h.

The extent to which the proposed amendment is consistent with the overall structure and organization of this Ordinance.

F.

Written Protest of Amendment

Written protest of an amendment may be filed in accordance with Illinois state law (65 ILCS 5/11-13-14).

G.

Expiration of Map Amendment

A map amendment approval expires if any one of the following conditions occurs and no request for an extension of the map amendment approval is pending:

a.

For map amendments approved in conjunction with new construction or additions or enlargements to an existing structure, the map amendment approval expires within one year of the date of approval if a building permit has not been issued.

b.

For map amendments approved in conjunction with an existing structure or for a lot where no structure is planned, the map amendment approval expires within one year of the date of approval if the structure or site have remained vacant or if the proposed use has not commenced.

c.

For map amendments approved in conjunction with a preliminary plan for a planned unit development, the special use approval expires in conjunction with the preliminary plan expiration.

(Ord. No. 2022-38, § 2, 6-28-22)

A.

Purpose

This Ordinance is based upon the division of the Village into districts. Within each district the use of land and structures are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in a particular district or districts without consideration of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location.

B.

Initiation

A property owner in the Village, or his/her designee, may file an application to use his/her land for one or more of the special uses authorized within the zoning district. A property owner may only propose a special use for property under his/her control.

C.

Authority

The Village Board, after receiving a recommendation from the Planning and Zoning Board, will take formal action on special use applications.

D.

Procedure

An application for a special use must be filed with the Director of Community Development. Once it is determined that the application is complete, the Director of Community Development will schedule the application for consideration by the Planning and Zoning Board.

1.

Action by Planning and Zoning Board

a.

Within 60 days of receipt of a complete application, unless an extension of time is agreed to by the applicant and the Director of Community Development, the Planning and Zoning Board will consider the special use at a public hearing.

b.

The Planning and Zoning Board must evaluate the application based upon the evidence presented at the public hearing, pursuant to the approval standards of this section. The Planning and Zoning Board must recommend either approval, approval with conditions, or denial of the special use.

c.

Within 60 days of the close of the public hearing, the Planning and Zoning Board must forward its recommendation to the Village Board, unless an extension is agreed to by the applicant.

2.

Action by Village Board

The Village Board must act on the special use within 60 days of receipt of the Planning and Zoning Board recommendation. The Village Board may take action in the form of approval, approval with conditions, or denial of the special use, remand the issue back to the Planning and Zoning Board for further consideration, or table the discussion until a future meeting of the Village Board

3.

Conditions on Special Uses

The Planning and Zoning Board may recommend, and the Village Board may impose, such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the special use as may be deemed necessary for the protection of the public health, safety, and welfare. The Village Board may require such guarantees, as it may deem necessary, to assure compliance with any stipulated conditions.

E.

Approval Standards

The listing of a use as a special use within a zoning district does not constitute an assurance or presumption that such special use will be approved. Rather, each special use must be evaluated on an individual basis, in relation to all applicable standards of this Ordinance. Such evaluation will determine whether approval of the special use is appropriate at the particular location and in the particular manner proposed. The recommendation of the Planning and Zoning Board and decision of the Village Board must be based on findings to support each of the following conclusions:

1.

The special use in the specific location proposed is consistent with the spirit and intent of this Ordinance, the adopted Comprehensive Plan and other adopted Village land use policies.

2.

The proposed special use will not endanger the public health, safety, or welfare.

3.

The proposed special use is compatible with the general land use of adjacent properties and other property within the immediate vicinity.

4.

The proposed special use is deemed necessary for the public convenience at the proposed location.

F.

Modifications to Approved Special Uses

Any modifications to the conditions of approval for a previously approved special use must be resubmitted as a new special use application. Any modifications that meet Ordinance standards are permitted, subject to the regulations of this Ordinance.

G.

Expiration

1.

A special use approval expires if any one of the following conditions occurs and no request for an extension of the special use approval is pending:

a.

When an approved special use is changed to another use.

b.

For special uses approved in conjunction with new construction or additions or enlargements to an existing structure, the special use approval expires within one year of the date of approval if a building permit has not been issued, subject to 2. below.

c.

For special uses approved in conjunction with an existing structure or on a lot where no structure is planned, the special use approval expires within one year of the date of approval if the structure or site have remained vacant or if the special use has not commenced, subject to Section '2' below.

d.

For special uses approved in conjunction with a preliminary plan for a planned unit development, the special use approval expires in conjunction with the preliminary plan expiration.

e.

When the special use has been abandoned for six months or more.

2.

In the event that a lawsuit or other legal challenge is filed against an approved special use permit, the calculation of the one-year time limit for the expiration of that special use is suspended from the date the lawsuit or legal challenge is filed until a final decision, after any and all appeals, is rendered.

H.

Revocation

1.

A special use permit may be revoked for cause by the Village Board of Trustees, after a public hearing held in front of the Planning and Zoning Board.

2.

Notice of the public hearing shall be provided in writing to the owner of the property no fewer than 15 days and no more than 30 days before the public hearing.

3.

The owner of the property shall be given the opportunity to discuss the proposed revocation of the special use permit at the public hearing.

4.

The decision of the Village Board regarding the revocation of a special use permit shall be final and may not be appealed to the corporate authorities and/or to any other Village body.

(Ord. No. 2018-29, § 2(Exh. 1), 6-26-18; Ord. No. 2020-30, § 2(Exh. 1), 9-22-20)

A.

Purpose

The purpose of the variation process is to provide a narrowly circumscribed means by which relief may be granted from unforeseen applications of this Ordinance that create particular hardships, usually as a modification to a dimensional or quantitative requirement of the zoning ordinance.

B.

Initiation

A property owner in the Village, or person expressly authorized in writing by the property owner, may file an application for a variation. A property owner, or his/her designee, may only propose a variation for property under his/her control.

C.

Authority

The Planning and Zoning Board will take formal action on variation applications unless said variation applications are in conjunction with a zoning text or map amendment application, a special use application, or a planned unit development application. If a variation is requested in conjunction with a zoning text or map amendment application, a special use application, or a planned unit development application, the Planning and Zoning Board shall be an advisory body to the Village Board and the Village Board shall have final authority on variations in these instances. Additionally, the Director of Community Development is authorized to grant certain administrative exceptions, as described in Section 15.5 (Administrative Exceptions).

D.

Procedure

All applications must be filed with the Director of Community Development. Once it is determined that the application is complete, the Director of Community Development will schedule the application for consideration by the Planning and Zoning Board.

1.

Action by Planning and Zoning Board

a.

Within 60 days of receipt of a complete application, unless an extension of time is agreed to by the applicant and the Director of Community Development, the Planning and Zoning Board will consider the variation at a public hearing.

b.

The Planning and Zoning Board must evaluate the application based upon the evidence presented at the public hearing, pursuant to the approval standards of this section.

c.

Within 60 days of the close of the public hearing, the Planning and Zoning Board must either approve, approve with conditions, deny, or make a recommendation to the Village Board regarding the variation, unless an extension is agreed to by the applicant.

2.

Conditions

a.

The Planning and Zoning Board may impose such conditions and restrictions upon the variation as may be deemed necessary for the protection of the public health, safety, and welfare.

b.

The Planning and Zoning Board may grant a variation that is less than that requested when it has been decided that the applicant is entitled to some relief of the hardship, but not to the entire relief requested in the variation application.

3.

Action by Village Board

If the requested variation is required to be reviewed by the Village Board, the Village Board must act on the variation within 60 days of receipt of the Planning and Zoning Board recommendation. The Village Board may take action in the form of approval, approval with conditions, or denial of the requested variation(s), remand the issue back to the Planning and Zoning Board for further consideration, or table the discussion until a future meeting of the Village Board.

E.

Approval Standards

The decision of the Planning and Zoning Board must be based on findings to support the following conclusions. No single standard is controlling and a recommendation will be made based on the cumulative weight of the evidence submitted.

a.

The strict application of the terms of this Ordinance will result in undue hardship, as distinguished from a mere inconvenience, unless the specific relief requested is granted.

b.

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

c.

The plight of the owner is due to unique circumstances inherent to the subject property, related to the particular physical surroundings, shape, or topographical conditions of the specific property, and not from the personal situation of the owner and has not been created by any person presently having a proprietary interest in the property in question.

F.

Expiration of Variation

An approved variation will expire one year from the date of approval unless a building permit is obtained or applied for within such period. Variations which do not entail a building permit, such as parking variations, expire when the use for which the parking variation was granted is discontinued. The Director of Community Development may grant an extension for a period of validity longer than one year, so long as the applicant applies in writing for an extension of time at any time prior to the date of expiration. No public hearing is required for approval of such extension of time.

(Ord. No. 2020-30, § 2(Exh. 1), 9-22-20)

A.

Purpose

The purpose of the administrative exception is to provide relief from carrying out a requirement of this Ordinance that may cause a minor practical difficulty.

B.

Initiation

A property owner in the Village, or his/her designee, may file an application for an administrative exception. A property owner may only propose an administrative exception for property under his/her control.

C.

Authority

The Director of Community Development is authorized to grant certain administrative exceptions, as defined below. Only those items listed below are eligible for an administrative exception; all other requests for relief are variations (Section 15.4).

1.

A reduction in any required district lot width or lot area standard of no more than 10%.

2.

A reduction in any required district dimensional standard of no more than 10%.

3.

A reduction of required off-street parking spaces by no more than 10% of that required or two spaces, whichever is greater.

4.

A reduction in required bicycle parking of up to 25%.

D.

Procedure

1.

Action by Director of Community Development

a.

All applications must be filed with the Director of Community Development. Once it is determined that the application is complete, the Director of Community Development will consider an application for an administrative exception. Notice is required in accordance with Section 14.2.

b.

The Director of Community Development must review and evaluate the complete administrative exception application, pursuant to the standards of this section. The Director of Community Development may also decide that the administrative exception, even if it meets the thresholds of this section, is, by its nature, a variation and may resubmit the application to the Planning and Zoning Board as a variation, in accordance with the requirements of Section 15.4. No additional fees are required with the exception of additional fees for notice.

c.

The Director of Community Development must render a decision within 15 days of the date listed on the required notice and either approve, approve with conditions, or deny the application.

d.

If the Director of Community Development fails to act within 15 days, the administrative exception may be resubmitted to the Planning and Zoning Board as a variation, in accordance with the requirements of Section 15.4. No additional fees are required with the exception of additional fees for notice.

e.

If a noticed property owner objects to the administrative exception application in writing, prior to the date indicated on the notice that the Director of Community Development may render a decision, the application must be resubmitted as a variation, in accordance with the requirements of Section 15.4. No additional fees are required with the exception of additional fees for notice.

2.

Conditions on Administrative Exceptions

a.

The Director of Community Development may impose such conditions and restrictions upon the administrative exception as may be deemed necessary for the protection of the public health, safety, and welfare.

b.

The Director of Community Development may grant an administrative exception that is less than that requested when it has been decided that the applicant is entitled to some relief of the hardship, but not to the entire relief requested in the application.

E.

Approval Standards

The decision of the Director of Community Development must include findings to support the following conclusions:

a.

The strict application of the terms of this Ordinance will result in undue hardship unless the specific relief requested is granted.

b.

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

c.

The plight of the owner is due to unique circumstances inherent to the subject property and not from the personal situation of the owner and has not been created by any person presently having a proprietary interest in the property in question.

F.

Expiration

An approved administrative exception will expire one year from the date of approval unless a) a building permit is obtained; b) a use which does not require a building permit is commenced; or c) a subdivision is applied for within such period. The Director of Community Development may grant an extension for a period of validity longer than one year, so long as the applicant applies in writing for an extension of time at any time prior to the date of expiration.

A.

Purpose

The site plan review process is intended to promote orderly development and redevelopment in the Village, and to assure that such development or redevelopment occurs in a manner that is harmonious with surrounding properties, is consistent with Village's adopted Comprehensive Plan and other land use policies, and promotes the public health, safety, and welfare of the Village. This section provides standards by which to determine and control the physical layout and design to achieve compatibility of land uses and structures, efficient use of land, minimization of traffic and safety hazards, and incorporation of storm water management and sustainable design techniques.

B.

Authority

The Director of Community Development will designate Village staff as he/she deems appropriate, to conduct site plan review as required by this Section.

C.

Required Site Plan Review

No zoning approval or building permit may be issued until site plan approval has been granted. In addition, all other requirements of all other applicable Village codes and ordinances must be met. Site plan review and approval is required for the following developments:

1.

All special uses.

2.

Any new construction. Single-family and two-family dwellings are exempt from this requirement.

3.

As of the effective date of this Ordinance, additions to existing townhouse, multi-family, non-residential, and mixed-use that increases the total floor area by 10% or more.

4.

Parking structures and parking lots of 15 or more spaces.

5.

Decks proposed in the R-3 or R-4 zoning districts

6.

The reduction in the number of off-street parking spaces through a Shared Parking arrangement as provided in Section 10.1(G).

D.

Procedure

1.

Applications for site plan review must be submitted to the Director of Community Development. The Director of Community Development may convene a technical review group comprised of Village staff to review the application.

2.

The Director of Community Development must begin the review of the site plan within 30 days of the date the application is deemed complete. The Director of Community Development must review and evaluate the application, pursuant to the standards of this section, and approve, approve with conditions, or deny the site plan.

3.

If the Director of Community Development approves the site plan subject to certain conditions, all plans and drawings to be submitted as part of the application for a building permit or zoning approval must include those conditions.

4.

If the Director of Community Development denies site plan approval, the applicant may appeal the decision to the Planning and Zoning Board within 30 days of the date of the final decision.

5.

The Director of Community Development may require the petitioner to provide copies of site plan review submittals to the Planning and Zoning Board.

E.

Approval Standards

The following will be evaluated in the review of site plans:

1.

Conformity with all the regulations of this Ordinance and any other applicable regulations of the Village Code, and the Village's Comprehensive Plan and adopted land use policies.

2.

The location, arrangement, size, design, and general site compatibility of all structures, lighting, and signs to ensure:

a.

Efficient use of land that responds to the existing off-site utilities and service conditions in order to minimize the demand for additional municipal services, utilities, and infrastructure.

b.

Compatibility with and mitigation of any potential impact upon adjacent property.

c.

Lighting designed and installed to minimize adverse impact on adjacent properties.

d.

Signs in conformance with the sign ordinance

3.

Landscape and the arrangement of open space or natural features on the site should:

a.

Create a desirable and functional open space environment for all site users.

b.

Preserve unique natural resources, including measures to preserve and protect existing healthy plantings.

c.

Design drainage facilities to promote the use and preservation of natural watercourses and patterns of drainage.

d.

Utilize plant materials suitable to withstand the climatic conditions of the Village and microclimate of the site. The use of species native or naturalized to northeastern Illinois is encouraged.

e.

Use of screening to minimize the impact of the development on adjacent uses and mitigate impacts between incompatible uses, creating a logical transition to adjoining lots and developments.

4.

Circulation systems and off-street parking designed to:

a.

Provide adequate and safe access to the site for motor vehicles as well as other modes of transportation, including pedestrians, bicyclists, and public transit users.

b.

Minimize potentially dangerous traffic movements.

c.

Minimize curb cuts, including the use of cross-access easements and shared parking.

d.

Clearly define a network of pedestrian connections in and between parking lots, street sidewalks, open spaces, and structures that is safe, visible, and identifiable.

e.

Create parking accommodations for bicycles.

f.

Accomplish Village goals for pedestrian, bicycle, and transit improvements.

F.

Modifications to Approved Site Plans

1.

An application for an amendment to an approved site plan must be submitted to the Director of Community Development. Amendment applications must include a written description of the proposed change, including the reason for such change, and a notation of the location on the approved site plan.

2.

The Director of Community Development may approve the following minor modifications to approved site plans:

a.

Minor changes required during construction, as related to final engineering issues such as topography, drainage, underground utilities, structural safety, or vehicular circulation.

b.

Exterior renovations to a building façade.

c.

The modification of existing accessory structures or the addition of new accessory structures when in conformance with the requirements of this Ordinance.

d.

The construction of additional bicycle or parking spaces.

e.

The addition of any open space.

f.

A reduction in the amount of bicycle or parking spaces so long as the remaining number of spaces is in conformance with the requirements of this Ordinance.

g.

Modifications to the approved landscape plan that does not result in a reduction of the total amount of plant material required and is in conformance with all landscape requirements.

h.

The modification of existing signs or the addition of new signs when in conformance with the requirements of the sign ordinance.

3.

The Director of Community Development must approve or deny the proposed site plan modifications within 30 days of receipt of a complete application. The Director of Community Development may decide that the proposed change or changes to the approved site plan is such a significant change that it constitutes a new application and is subject to the complete site plan review provisions of this Section.

A.

Purpose

The interpretation authority is intended to recognize that the provisions of this Ordinance, though detailed and extensive, cannot, as a practical matter, address every specific zoning issue. However, this zoning interpretation authority is not intended to add or change the essential content of the Ordinance.

B.

Initiation

The Village Board, the Planning and Zoning Board, or a property owner in the Village, or person expressly authorized in writing by the property owner, may initiate a zoning interpretation application. All interpretation requests must be for the purpose of furthering some actual development

C.

Authority

The Director of Community Development will review and make final decisions on written requests for zoning interpretations.

D.

Procedure

1.

All applications for interpretations must be filed with the Director of Community Development.

2.

The Director of Community Development must review a written request for an interpretation and render the interpretation in writing within 30 days of receipt of a complete application.

3.

The Director of Community Development may request additional information prior to rendering an interpretation. Until such additional material is received, the 30 day period described in item 2 above is temporarily suspended.

A.

Purpose

A temporary use permit allows for the short-term use and/or placement of structures on a lot. The temporary use permit regulates temporary uses that occur entirely on and within a lot. Temporary uses located within the public right-of-way are regulated separately by the Village Code.

B.

Initiation

A property owner in the Village, or person expressly authorized in writing by the property owner, may initiate a temporary use permit application

C.

Authority

The Director of Community Development will review and make final decisions on temporary use permit applications.

D.

Procedure

1.

All applications for temporary use permit must be filed with the Director of Community Development.

2.

The Director of Community Development must render a decision on the temporary use permit within 30 days of the date of receipt of a complete application. The Director of Community Development must review and evaluate the application, pursuant to the standards of this section, and approve, approve with conditions, or deny the application.

E.

Approval Standards

All temporary uses must comply with the requirements of this Ordinance, including the temporary use standards of Section 8, and the following standards:

1.

Unless expressly allowed by this Ordinance, the temporary use or structure complies with the dimensional requirements of the district in which it is located.

2.

The temporary use does not adversely impact the public health, safety, and welfare.

3.

The temporary use is operated in accordance with any restrictions and conditions as the Police and Fire Department, or other Village officials, may require.

4.

The temporary use does not conflict with another previously authorized temporary use.

5.

The temporary use provides adequate parking if needed. If located on a lot with an operational principal use, does not impact the parking and site circulation of the principal use.

6.

If upon review, the Director of Community Development finds that an application for a temporary building or structure has an adverse aesthetic, environmental, health, safety or architectural negative impact, the Director may deny the issuance of the permit.

F.

Expiration

The temporary use permit is valid for the time period granted as part of the approval.

(Ord. No. 2018-29, § 2(Exh. 1), 6-26-18)

A.

Purpose

The zoning appeals process is intended to provide appropriate checks and balances on the administrative authority of the Director of Community Development

B.

Initiation

A property owner in the Village that is directly affected by a determination of the Director of Community Development may file an appeal of the Director of Community Development's decision on an administrative exception, site plan review, zoning interpretation, temporary use permit, or other administrative decision related to this Ordinance.

C.

Authority

The Planning and Zoning Board will take formal action on zoning appeal applications.

D.

Procedure

All applications must be filed with the Director of Community Development. Once it is determined that the application is complete, the Director of Community Development will schedule the application for consideration by the Planning and Zoning Board.

1.

Within 60 days of receipt of a complete application, unless an extension of time is agreed to by the applicant and the Director of Community Development the Planning and Zoning Board will consider the appeal at a public hearing.

2.

The Planning and Zoning Board must evaluate the application based upon the evidence presented at the public hearing.

3.

Within 30 days of the close of the public hearing, unless an extension is agreed to by the applicant, the Planning and Zoning Board must either confirm or overturn the Director of Community Development's decision.

E.

Limitations on Zoning Appeals

A decision of the Director of Community Development may only be appealed if an application is filed within 30 days of the date the decision is made.

A.

Purpose

The purpose of the parking credit process is to provide a means by which the Village may determine if sufficient parking exists for certain uses proposed within multi-tenant retail centers—as defined in Section 10.4(F).

B.

Initiation

Only a property owner in the Village or his/her designee may file an application for parking credits.

C.

Authority

The Planning and Zoning Board will take formal action on parking credit applications.

D.

Procedure

All applications must be filed with the Director of Community Development. Once it is determined that the application is complete, the Director of Community Development will schedule the application for consideration by the Planning and Zoning Board.

1.

Action by Planning and Zoning Board

a.

Within 60 days of receipt of a complete application, unless an extension of time is agreed to by the applicant and the Director of Community Development, the Planning and Zoning Board will consider the request for parking credits at a public hearing.

b.

The Planning and Zoning Board must evaluate the application based upon the evidence presented at the public hearing, pursuant to the approval standards of this section.

c.

Within 60 days of the close of the public hearing, the Planning and Zoning Board must either approve, approve with conditions, or deny the request for parking credits, unless an extension is agreed to by the applicant.

2.

Conditions

a.

The Planning and Zoning Board may impose such conditions and restrictions upon the parking credits as may be deemed necessary for the protection of the public health, safety, and welfare.

E.

Approval Standards

The decision of the Planning and Zoning Board must be based on findings to support the following conclusions. No single standard is controlling and a recommendation will be made based on the cumulative weight of the evidence submitted.

a.

Credits may be given against required off-street parking whenever it can be demonstrated that, by virtue of the peculiar operating characteristics of a group of different land-uses within a multi-tenant retail center, joint utilization of off-street parking spaces will not result in a parking deficiency for any particular use.

b.

In each case, detailed data and supporting information to document the proposed parking credit must be furnished to the Niles Planning and Zoning Board which for their review and consideration.

A.

Purpose

Applications for a unique use of property may be granted in accordance with this section for a use which is not expressly enumerated as a permitted, special, temporary or accessory use or not provided for, considered or contemplated at the adoption of this ordinance.

B.

Initiation

Only a property owner in the Village or his/her designee may file an application for unique use.

C.

Authority

The Village Board, after receiving a recommendation from the Planning and Zoning Board, will take formal action on unique use applications.

D.

Procedure

An application for a unique use must be filed with the Director of Community Development. Once it is determined that the application is complete, the Director of Community Development will schedule the application for consideration by the Planning and Zoning Board.

1.

Action by Planning and Zoning Board

a.

Within 60 days of receipt of a complete application, unless an extension of time is agreed to by the applicant and the Director of Community Development, the Planning and Zoning Board will consider the unique use at a public hearing.

b.

The Planning and Zoning Board must evaluate the application based upon the evidence presented at the public hearing, pursuant to the approval standards of this section. The Planning and Zoning Board must recommend either approval, approval with conditions, or denial of the unique use.

c.

Within 60 days of the close of the public hearing, the Planning and Zoning Board must forward its recommendation to the Village Board, unless an extension is agreed to by the applicant.

2.

Action by Village Board

The Village Board must act on the unique use within 60 days of receipt of the Planning and Zoning Board recommendation. The Village Board may take action in the form of approval, approval with conditions, or denial of the unique use, remand the issue back to the Planning and Zoning Board for further consideration, or table the discussion until a future meeting of the Village Board

3.

Conditions on Unique Uses

The Planning and Zoning Board may recommend, and the Village Board may impose, such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the unique use as may be deemed necessary for the protection of the public health, safety, and welfare. The Village Board may require such guarantees, as it may deem necessary, to assure compliance with any stipulated conditions.

E.

Approval Standards

Each unique use must be evaluated on an individual basis, in relation to all applicable standards of this Ordinance. Applicants shall have the burden of presenting clear and convincing evidence that the unique use satisfies the standards and criteria enumerated in this section. Such evaluation will determine whether approval of the unique use is appropriate at the particular location and in the particular manner proposed. The recommendation of the Planning and Zoning Board and decision of the Village Board must be based on findings to support each of the following conclusions:

1.

The unique use in the specific location proposed is consistent with the spirit and intent of this Ordinance, the adopted Comprehensive Plan and other adopted Village land use policies.

2.

The proposed unique use will not endanger the public health, safety, or welfare.

3.

The proposed unique use is compatible with the general land use of adjacent properties and other property within the immediate vicinity.

4.

The applicant for a unique use has proof of special and extraordinary need for the unique use, including proof of unique characteristics of the subject property, proposed use, and surrounding neighborhood.

5.

The applicant for a unique use has proof that the unique use will be an affirmative benefit to the surrounding properties and neighborhood from a land use and economic standpoint.

F.

Modifications to Approved Unique Uses

Any modifications to the conditions of approval for a previously approved unique use must be resubmitted as a new unique use application. Any modifications that meet Ordinance standards are permitted, subject to the regulations of this Ordinance.

G.

Expiration

1.

A unique use approval expires if any one of the following conditions occurs and no request for an extension of the unique use approval is pending.

a.

When an approved unique use is changed to another use.

b.

For unique uses approved in conjunction with new construction or additions or enlargements to an existing structure, the unique use approval expires within one year of the date of approval if a building permit has not been issued or if the use is not commenced, subject to 2. below.

c.

For unique uses approved in conjunction with an existing structure or on a lot where no structure is planned, the unique use approval expires within one year of the date of approval if the structure or site have remained vacant or if the use is not commenced, subject to 2. below.

d.

For unique uses approved in conjunction with a preliminary plan for a planned unit development, the unique use approval expires in conjunction with the preliminary plan expiration.

2.

In the event that a lawsuit or other legal challenge is filed against an approved unique use permit, the calculation of the one-year time limit for the expiration of that unique use is suspended from the date the lawsuit or legal challenge is filed until a final decision, after any and all appeals, is rendered.