Park Forest City Zoning Code

ARTICLE VIII

- ADMINISTRATION

§ VIII-1 - Administrative Bodies

Purpose. The purpose of this Section is to establish the specific duties and responsibilities of the Village Board, Planning and Zoning Commission, and Zoning Administrator as they relate to this Ordinance.

Village Board. The Village Board shall have the following specific duties and responsibilities pursuant to this Ordinance.

Make final decisions on applications for special use permits (refer to (§ VIII-3.C (Special Use Permit)).

Make final decisions on applications for major zoning variations (refer to (§ VIII-3.D (Variation)).

Make final decisions on applications for zoning text and map amendments (refer to (§ VIII-3.E (Zoning Text and Map Amendment)).

Make final decisions on applications for planned unit developments (refer to (§ VIII-4 (Planned Unit Developments)).

Make final decisions on applications for major subdivisions (refer to § IX-2.B (Major Subdivision)).

Other responsibilities as designated by this Ordinance.

Planning and Zoning Commission. The Planning and Zoning Commission shall have the following specific duties and responsibilities pursuant to this Ordinance.

Make final decisions on applications for zoning appeals (refer to § VIII-3.F (Zoning Appeal)).

Make recommendations to the Village Board on applications for special use permits (refer to § VIII-3.C (Special Use Permit)).

Make recommendations to the Village Board on applications for major zoning variations (refer to § VIII-3.D (Variation)).

Make recommendations to the Village Board on applications for zoning text and map amendments (refer to § VIII-3.E (Zoning Text and Map Amendment)).

Make recommendations to the Village Board on applications for planned unit developments (refer to § VIII-4 (Planned Unit Developments)).

Make recommendations to the Village Board on applications for major subdivisions (refer to § IX-2.B (Major Subdivision)). Prepare and recommend a comprehensive plan to the Village Board and propose amendments to the plan from time to time.

Other responsibilities as designated by this Ordinance or by the Village Board.

Zoning Administrator. The Village Manager shall be considered the Zoning Administrator and shall have the following duties and responsibilities pursuant to this Ordinance. For the purposes of this Ordinance, the term Zoning Administrator shall be inclusive of his or her designees.

Review and make final decisions on applications for site plan review (refer to § VIII-3.B (Site Plan Review)).

Review and make decisions on applications for minor zoning variations (refer to § VIII-3.D (Variation)).

Review and make decisions on applications for zoning interpretations (refer to § VIII-3.G (Zoning Interpretation)).

Review and make decisions on applications for sign permits (refer to § VIII-3.H (Sign Permit)).

Review and make decisions on applications for temporary use permits (refer to § VIII-3.I (Temporary Use Permit)).

Review and make decisions on applications for minor subdivisions (refer to § IX-2.A (Minor Subdivision)).Review and forward applications for special use permits (refer to § VIII-3.C (Special Use Permit)), major zoning variations (refer to § VIII-3.D (Variation)), zoning text and map amendments (refer to § VIII-3-E (Zoning Text and Map Amendment)), zoning appeals (refer to § VIII-3.F (Zoning Appeal)), planned unit developments (refer to § VIII-4 (Planned Unit Developments)), major subdivisions (§ IX-2.B (Major Subdivision), and other administrative reviews required by this Ordinance to the Planning and Zoning Commission or Village Board, as specified.

Maintain and make available permanent and current records of this Ordinance and Zoning Map.

Maintain and make available permanent and current records as required by this Ordinance including, but not limited to, all relevant information and official action regarding zoning or subdivision applications.

Other responsibilities as designated by this Ordinance, the Village Board, or the Planning and Zoning Commission.

(Ord. No. 2078, 12-11-17)

§ VIII-2 - Administrative Procedures

Purpose. The purpose of this Section is to establish the application, notice, and public hearing procedures for the zoning and subdivision applications and approvals of this Ordinance.

Application Procedure.

Authorization. Any property owner in the Village, or individual expressly identified by the owner in writing, is authorized to file an application for a site plan review, special use permit, major variation, minor variation, zoning appeal, temporary use permit, or planned unit development. Any owner of any property in the Village, an individual expressly identified by any owner in writing, or the Village is authorized to file an application for a zoning text amendment, zoning map amendment, zoning interpretation, minor subdivision, or major subdivision.

Pre-Application Consultation. Prior to filing a zoning or subdivision application, the applicant may arrange an optional pre-application consultation with the Zoning Administrator to discuss the application. At the pre-application consultation, the Zoning Administrator shall provide the applicant with guidance on the application procedure and the evaluation of applications.

Filing. All applications shall be filed with the Zoning Administrator on forms provided by the Village. Applications shall be filed in such number as requested by the Village, with plans at a scale sufficient to allow a clear understanding of the proposal, and with all of the content required by the application and this Article.

Fees. Every application shall be accompanied by the required filing fee as established and modified from time to time in the Village Code of Ordinances. Until the fee is paid, no steps shall be taken to process the application. Applications initiated by the Village shall be exempt from fees.

Completeness. The Zoning Administrator shall determine whether the application is complete. Upon determining that the application is complete, the Zoning Administrator shall notify the applicant and the application shall be scheduled for consideration by the appropriate board, commission, or official. Upon determining that the application is deficient, the Zoning Administrator shall notify the applicant and no steps shall be taken to process the application until the deficiencies are rectified.

Failure to Act. The Zoning Administrator or Planning and Zoning Commission's failure to issue a decision or make a recommendation on any application within the applicable period specified in this Ordinance shall be deemed approval of, or a recommendation for approval of, such application. The Village Board's failure to issue a decision on any application within the applicable period specified in this Ordinance shall be deemed denial of such application.

Withdrawal of Application. An applicant shall have the right to withdraw an application at any time prior to the decision on the application by a board, commission, or official. Fees for withdrawn applications will not be refunded.

Successive Application. A successive application for an application that has been denied shall not be reviewed or heard within one year after the date of denial, except if substantial new information has become known since the denial. A successive application filed within one year of the date of denial shall include detailed information that justifies its consideration. The Zoning Administrator shall determine whether a successive application is appropriate for submittal.

Public Examination of Application. Any person may examine any zoning or subdivision application and any of the application's supporting materials subject to the Illinois Freedom of Information act. Upon reasonable request, any person shall be entitled to copies of the application and related documents subject to any fee specified by the Village.

Notice. The administrative body conducting a hearing shall not hear a zoning or subdivision application unless the applicant complies in all respects to the notice requirements established herein.

Published Notice.

Applicability. Published notice of a public hearing shall be provided by the Zoning Administrator for applications for special use permits, major variations, zoning text amendments, zoning map amendments, zoning appeals, and planned unit developments.

Time Frame. Published notice shall be provided in a newspaper of general circulation within the Village no less than 15 days, but no more than 30 days, in advance of the scheduled hearing date.

Contents. The notice shall include the date, time, location, and purpose of the hearing, the name of the body holding the hearing, the name of the applicant, and the address of the subject property. The Village may provide additional forms of published notice, including, but not limited to, notice of the hearing on the Village's website.

Mailed or Delivered Notice.

Special Use Permits, Major Variations, and Zoning Map Amendments.

(1)

Applicability. The requirements of this Section apply to special use permits, major variations, and zoning map amendments.

(2)

Time Frame. The notice shall be provided no less than 15 days, but no more than 30 days, in advance of the scheduled hearing date.

(3)

Notice to Neighboring Properties. Mailed or delivered notice shall be provided by the applicant to the owners of all properties located within 250 feet of the property line of the subject property. The area occupied by any public right-of-way shall not be included as part of this requirement. The applicant responsible for the mailed or delivered notice shall provide an affidavit to the Zoning Administrator stating that notice was provided to every property within 250 feet of the subject property as well as the names, addresses, and property identification numbers of all notice recipients. The requirements of this Section shall not prevent the applicant from giving additional notice to properties located more than 250 feet from the property line of the subject property as the applicant may deem appropriate.

(4)

Contents. The notice shall include the date, time, location, and purpose of the hearing, the name of the body holding the hearing, the name of the applicant, and the address of the subject property.

Minor Variations.

(1)

Applicability. The requirements of this Section apply to minor variations.

(2)

Time Frame. The notice shall be provided at least 15 days prior to the date that the Zoning Administrator indicates that a decision will be rendered on the application.

(3)

Notice to Neighboring Properties. Mailed or delivered notice shall be provided by the applicant to the owners of all properties located adjacent to and across the street from the subject property. Mailed or delivered notice of Zoning Administrator review shall be provided by the applicant for applications for minor variations. The applicant responsible for the mailed or delivered notice shall provide an affidavit to the Zoning Administrator stating that notice was provided to each property and shall provide the Village with the names, addresses, and property identification numbers of all notice recipients.

Posted Sign Notice.

Applicability. Posted sign notice of a public hearing shall be provided by the Zoning Administrator for applications for special use permits, major variations, zoning map amendments, and planned unit developments.

Time Frame. The notice shall be provided no less than 15 days, but no more than 30 days, in advance of the scheduled hearing date.

Location. Posted sign notice shall be located on the property so that it is legible to passersby. A minimum of one sign shall be provided per street frontage.

Contents. The notice shall include the date, time, location, and purpose of the hearing, the name of the body holding the hearing, the name of the applicant, and the address of the subject property.

Requirement Modifications. The Zoning Administrator may modify the posted sign notice requirements when these requirements are found to be inappropriate or ineffective in providing the intended notice to passersby. Modifications to the posted sign notice may include content, quantity, and location.

Public Hearing.

Call for Public Hearings. All public hearings shall be held at the call of the chairperson of the hearing body and shall be open to the public.

Testimony. Any person who attends a public hearing may appear and present testimony regarding an application. All testimony shall be given under oath or by affirmation.

Voting. The hearing body shall keep minutes of its proceedings that show the vote of each member of the hearing body upon each application, or if absent, or failing to vote, indicating that fact.

Meetings and Records. The hearing body shall keep records of its hearings, and evaluation standards shall be included in the minutes of each application specifying the reasons for the hearing body's decision. Every determination of the hearing body shall be part of the public record.

Rules of Procedure. The hearing body's rules of procedure shall not conflict with this Ordinance or with state statutes.

(Ord. No. 2078, 12-11-17)

§ VIII-3 - Zoning Applications

Purpose. The purpose of this Section is to establish the applicability, procedures, requirements, and approval standards for each of the Village's zoning applications.

Site Plan Review.

Purpose. The purpose of this site plan review application is to ensure development and redevelopment that is harmonious with surrounding properties, and consistent with the intent of the elements of the Comprehensive Plan and this Ordinance.

Applicability. Approval of a site plan review application shall be required for the following:

All development and redevelopment, with the exception of single-family and two-family developments of less than four units.

Additions to existing structures that result in an increase in gross floor area, capacity, or number of dwelling units by 15 percent or more, with the exception of single-family and two-family developments.

Construction of a new parking lot or expansion of an existing parking lot that results in a total of 15 spaces or more, as well as all applications for tandem parking, shared parking, and shared loading.

Procedure.

Applications for site plan review shall be filed with the Zoning Administrator in accordance with § VIII-2.B (Application Procedure).

Upon determining that the application is complete, the Zoning Administrator shall evaluate the application based upon each of the standards of § VIII-3.B.4 (Standards for Site Plan Review).

The Zoning Administrator shall prepare a report and render a decision within 60 days after receipt of a complete application and take action in the form of approval, approval with conditions, or denial of the application. The 60-day period may be extended with the written consent of the applicant.

If the Zoning Administrator denies an application for site plan review, the applicant may appeal the Zoning Administrator's decision to the Planning and Zoning Commission in accordance with § VIII-3.F (Zoning Appeal).

Standards for Site Plan Review. The Zoning Administrator shall evaluate applications for site plan review with specific written findings based on each of the standards of this Section.

The site plan for the proposed development is consistent with the existing character and zoning of adjacent properties and other property within the immediate vicinity of the proposed development.

The site plan for the proposed development will not adversely impact adjacent properties and other property within the immediate vicinity of the proposed development.

The site plan for the proposed development will be provided with adequate utilities, access roads, circulation systems, parking, landscaping, drainage, exterior lighting, and/or other necessary facilities.

The site plan for the proposed development is designed to preserve the environmental resources of the zoning lot.

The site plan for the proposed development is consistent with the intent of the elements of the Comprehensive Plan, this Unified Development Ordinance, and the other land use policies of the Village.

Amendment to Approved Site Plan.

An application to amend an approved site plan shall include a written description and explanation of the requested amendment and shall be filed with the Zoning Administrator in accordance with § VIII-2.B (Application Procedure).

Upon determining that the application is complete, the Zoning Administrator shall evaluate the application to establish whether the amendment is a minor modification to the approved site plan or a major modification to the approved site plan.

If the Zoning Administrator determines that the amendment is a major modification, the applicant must submit a new application for site plan review in accordance with § VIII-3.B.3 (Procedure).

If the Zoning Administrator determines that the amendment is a minor modification consistent with the scope and intent of the approved site plan, the applicant shall revise the site plan prior to completing an application for a building permit in accordance with Chapter 18, Buildings and building Regulations, Article II, Technical Codes, Division 1, Municipal Code of Ordinances.

The determination of the Zoning Administrator may be appealed to the Planning and Zoning Commission in accordance with § VIII-3.F (Zoning Appeal).

Expiration of Approved Site Plan. Site plan approval shall expire and be revoked if either of the following conditions occur.

A building permit has not been obtained for the use within one year after approval of the site plan. The applicant may request one extension of this period for up to one additional year, which shall be approved by the Zoning Administrator, by means of a written request filed at least 30 days prior to the expiration of the initial one-year period.

The standards of this Ordinance or any of the terms and conditions of the site plan approval are violated.

Special Use Permit.

Purpose. The purpose of this special use application is to provide for uses that may have a special, unique, or unusual impact upon the use of neighboring property.

No Presumption of Approval. A use established as a special use in Article III (Uses) does not constitute a presumption that an application for such special use will be approved. Each proposed special use shall be evaluated on an individual basis with regard to the applicable standards of this Ordinance to determine whether approval of the special use is appropriate at the particular location in the manner proposed.

Procedure.

Action by the Zoning Administrator.

(1)

An application for a special use permit shall be filed with the Zoning Administrator in accordance with § VIII-2.B (Application Procedure).

(2)

Upon determining that the application is complete, the Zoning Administrator shall prepare a report for the Planning and Zoning Commission based upon the standards of § VIII-3.C.4 (Standards for Special Use Permits), and schedule the application for consideration by the planning and Zoning Commission.

Action by the Planning and Zoning Commission.

(1)

The Planning and Zoning Commission shall conduct a public hearing on the application at a regularly scheduled meeting in accordance with § VIII-2.D (Public Hearing) within 60 days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant.

(2)

The Planning and Zoning Commission shall evaluate the application based upon the Zoning Administrator's report, the evidence presented at the public hearing, and each of the standards of § VIII-3.C.4 (Standards for Special Use Permits).

(3)

The Planning and Zoning Commission shall recommend approval, approval with conditions, or denial of the application. In recommending approval, the Planning and Zoning Commission may:

(a)

Recommend conditions upon the establishment, location, construction, maintenance, and operation of the special use as deemed necessary to protect the public interest.

(b)

Require guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.

(4)

The Planning and Zoning Commission shall forward its recommendation and the minutes of its public hearing to the Village Board within 60 days after the close of the public hearing.

Action by the Village Board.

(1)

The Village Board shall consider the application at a regularly scheduled meeting within 60 days after receiving the recommendation of the Planning and Zoning Commission. The 60-day period may be extended with the written consent of the applicant.

(2)

The Village Board shall evaluate the application based upon the Zoning Administrator's report, the recommendation of the Planning and Zoning Commission, the evidence presented at the public hearing, and each of the standards of § VIII-3.C.4 (Standards for Special Use Permits).

(3)

The Village Board shall take action in the form of approval, approval with conditions, denial, or referral of the application back to the Planning and Zoning Commission for further consideration. In approving a special use permit, the Village Board may:

(a)

Recommend conditions upon the establishment, location, construction, maintenance, and operation of the special use as deemed necessary to protect the public interest.

(b)

Require guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.

(4)

A two-thirds favorable vote of the Village Board is required to approve the application if the planning and Zoning Commission recommends denial of the application.

Standards for Special Use Permits. The Village Board, Planning and Zoning Commission, and Zoning Administrator shall evaluate applications for special use permits with specific written findings based on each of the standards of this Section.

The proposed special use will not endanger the health, safety, comfort, convenience and general welfare of the public.

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

The proposed special use will not impede the normal and orderly development and improvement of adjacent properties and other property within the immediate vicinity of the proposed special use.

The proposed special use will be provided with adequate utilities, access roads, drainage, and/or other necessary facilities.

The proposed special use is consistent with the intent of the elements of the Comprehensive plan, this Unified Development Ordinance, and the other land use policies of the Village.

Transferability. Special use approval runs with the land and is not affected by changes of ownership, tenancy, or management except in unique situations specified by the conditions of the approved special use permit.

Expiration of Special Use Permit Approval. Special use permit approval shall expire and be revoked if any of the following conditions occur.

The use has not commenced or a building permit has not been obtained for the use within one year after approval of the special use permit. The applicant may request one extension of this period for up to one additional year, which shall be approved by the Zoning Administrator, by means of a written request filed at least 30 days prior to the expiration of the initial one-year period.

The licenses or permits required for the operation or maintenance of the use are not obtained or are subsequently terminated.

The standards of this Ordinance or any of the terms and conditions of the special use permit are violated.

The operation of the use for which a special use permit has been issued ceases for a minimum continuous period of six months.

Variation.

Purpose. The purpose of this variation application is to grant relief from the regulations of this ordinance to the extent that literal enforcement of such regulations creates particular hardships or practical difficulties in developing property due to the unique attributes of the property. The purpose of the variation process is not to provide relief from the use regulations of this Ordinance.

Applicability. This Ordinance classifies variation applications as either major variations approved by the Village Board, or minor variations approved by the Zoning Administrator.

Major Variations. Any variation that is not established as a minor variation in § VIII-3.D.2.b (Minor Variations) shall be considered a major variation.

Minor Variations. Any variation that is established in this Section shall be considered a minor variation.

(1)

A reduction of the minimum required lot area by not more than 20 percent.

(2)

A reduction of the minimum required lot width by not more than 20 percent.

(3)

An increase in the maximum permitted impervious coverage by not more than five percentage points.

(4)

A reduction of the minimum required front setback by not more than 20 percent.

(5)

An increase in the maximum permitted front setback by not more than 20 percent.

(6)

A reduction of the minimum required rear setback by not more than 20 percent.

(7)

A reduction of the minimum required street frontage by not more than 10 percentage points.

(8)

A reduction of the minimum required off-street parking by not more than 10 percent, or six spaces, whichever is higher.

(9)

An application for shared off-street parking facilities.

(10)

An increase in the maximum permitted sign area by not more than 10 percent.

(11)

An increase in the maximum permitted sign height by not more than 10 percent.

(12)

An increase in the number of wall signs permitted per street frontage, provided that the total area does not exceed the allowance established in § VII-4.B.10.c (Size).

(13)

Any change to any of the standards for temporary signs with permit requirement as established in § VII-5.C (Temporary Signs with Permit Requirement).

Procedure.

Major Variations.

(1)

Action by the Zoning Administrator.

(a)

An application for a major variation shall be filed with the Zoning Administrator in accordance with § VIII-2.B (Application Procedure).

(b)

Upon determining that the application is complete, the Zoning Administrator shall prepare a report for the Planning and Zoning Commission based upon each of the standards of § VIII-3.D.4 (Standards for Variations), and schedule the application for consideration by the Planning and Zoning Commission.

(2)

Action by the Planning and Zoning Commission.

(a)

(b)

(c)

The Planning and Zoning Commission shall recommend approval, approval with conditions, or denial of the application. In recommending approval, the Planning and Zoning Commission may:

Recommend conditions upon the establishment, location, construction, maintenance, and operation of the property that receives a major variation as deemed necessary to protect the public interest.

ii.

Recommend approval of a variation from the regulations of this Ordinance less than the variation requested by the applicant, if the Planning and Zoning Commission finds that the applicant is entitled to some relief, but not to the entire relief requested, based upon each of the standards of § VIII-3.D.4 (Standards for Variations).

iii.

Require guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.

(d)

The Planning and Zoning Commission shall forward its recommendation and the minutes of its public hearing to the Village Board within 60 days after the close of the public hearing.

(3)

Action by the Village Board.

(a)

(b)

(c)

Recommend conditions upon the establishment, location, construction, maintenance, and operation of the property that receives a major variation as deemed necessary to protect the public interest.

ii.

Grant a variation from the regulations of this Ordinance less than the variation requested by the applicant, if the Village Board finds that the applicant is entitled to some relief, but not to the entire relief requested, based upon each of the standards of § VIII-3.D.4 (Standards for Variations).

iii.

Require guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.

(d)

A two-thirds favorable vote of the Village Board is required to approve the application if the Planning and Zoning Commission recommends denial of the application.

Minor Variations.

(1)

An application for a minor variation shall be filed with the Zoning Administrator in accordance with § VIII-2.B (Application Procedure). Notice of Zoning Administrator review shall be in accordance with § VIII-2.C.2.b (Minor Variations).

(2)

Upon determining that the application is complete, the Zoning Administrator shall evaluate the application based upon each of the standards of § VIII-3.D.4 (Standards for Variations).

(3)

Due to the nature of an application for a minor variation, the Zoning Administrator may determine that the application must be resubmitted as a major variation in accordance with § VIII-3.D.2.a (Major Variations) even if it meets the criteria for a minor variation in § VIII-3.D.2.b (Minor Variations).

(4)

A property owner that receives notice of a minor variation application may object to the application by written submission to the Zoning Administrator, prior to the Zoning Administrator's decision on the application. Any minor variation application for which an objection is received from a noticed property owner shall be resubmitted as a major variation in accordance with § VIII-3.D.2.a (Major Variations).

(5)

The Zoning Administrator shall prepare a report and render a decision within 30 days after receipt of a complete application and take action in the form of approval, approval with conditions, or denial of the application. In approving a minor variation, the Zoning Administrator may:

(a)

Recommend conditions upon the establishment, location, construction, maintenance, and operation of the property that receives a minor variation as deemed necessary to protect the public interest.

(b)

Grant a variation less than the variation requested by the applicant if the Zoning Administrator finds that the applicant is entitled to some relief, but not to the entire relief requested, based on each of the standards of § VIII-3.D.4 (Standards for Variations).

(c)

Require guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions.

(6)

If the Zoning Administrator denies an application for a minor variation, the applicant may resubmit the application as a major variation in accordance with § VIII-3.D.2.a (Major Variations).

Standards for Variations. The Village Board, Planning and Zoning Commission, and Zoning Administrator shall evaluate applications for variations with specific written findings based on each of the standards of this Section.

The proposed variation will not endanger the health, safety, comfort, convenience, and general welfare of the public.

The proposed variation is compatible with the character of adjacent properties and other property within the immediate vicinity of the proposed variation.

The proposed variation alleviates a particular hardship created by the literal enforcement of this Ordinance that would prevent the applicant from yielding a reasonable return from the subject property.

The proposed variation is necessary due to the unique attributes of the subject property, which were not deliberately created by the applicant, and are not shared by adjacent properties and other properties within the immediate vicinity of the proposed variation.

The proposed variation is necessary to permit a reasonable use of land, but does not confer a special privilege on the applicant which is denied to the owners of adjacent properties and other properties within the immediate vicinity of the proposed variation.

The proposed variation represents the minimum deviation from the regulations of this ordinance necessary to accomplish the desired improvement of the subject property.

The proposed variation is consistent with the intent of the elements of the Comprehensive plan, this Ordinance, and the other land use policies of the Village.

Transferability. Variation approval runs with the land and is not affected by changes of ownership, tenancy, or management.

Expiration of Variation Approval. Variation approval shall expire and be revoked if any of the following conditions occur.

A building permit has not been obtained for the use within six months after approval of the variation. The applicant may request one six-month extension of this period, which shall be approved by the Zoning Administrator, by means of a written request filed at least 30 days prior to the expiration of the initial six-month period.

The standards of this Ordinance or any of the terms and conditions of the variation for the use are violated.

Zoning Text and Map Amendment.

Purpose. The purpose of this zoning text or map amendment application is to allow modifications to the text of the Unified Development Ordinance and the boundaries of the Zoning Map in response to changing conditions and/or policies in the Village.

Procedure.

Action by the Zoning Administrator.

(1)

An application for a zoning text or map amendment shall be filed with the Zoning Administrator in accordance with § VIII-2.B (Application Procedure).

(2)

Upon determining that the application is complete, the Zoning Administrator shall prepare a report for the Planning and Zoning Commission based upon a balance of the standards of § VIII-3.E.3 (Standards for Zoning Amendments) and schedule the application for consideration by the Planning and Zoning Commission.

Action by the Planning and Zoning Commission.

(1)

The Planning and Zoning Commission shall conduct a public hearing on a proposed zoning amendment in accordance with § VIII-2.D (Public Hearing) within 60 days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant.

(2)

The Planning and Zoning Commission shall evaluate the application based upon the Zoning Administrator's report, the evidence presented at the public hearing, and the standards of § VIII-3.E.3 (Standards for Zoning Amendments).

(3)

For zoning text amendments, the Planning and Zoning Commission shall recommend approval, approval with modifications to the proposed text, or denial of the application.

(4)

The Planning and Zoning Commission shall forward its recommendation and the minutes of its public hearing to the Village Board within 60 days after the close of the public hearing.

Action by the Village Board.

(1)

(2)

The Village Board shall evaluate the application based upon the Zoning Administrator's report, the recommendation of the Planning and Zoning Commission, the evidence presented at the public hearing, and the standards of § VIII-3.E.3 (Standards for Zoning Amendments).

(3)

For zoning text amendments, the Village Board shall take action in the form of approval, approval with modifications to the proposed text, denial, or referral of the application back to the Planning and Zoning Commission for further consideration.

(4)

For zoning map amendments, the Village Board may take action in the form of approval, denial, or referral of the application back to the Planning and Zoning Commission for further consideration.

(5)

A two-thirds favorable vote of the Village Board is required if written protest is filed with the Village Clerk against the proposed zoning text or map amendment, signed by the owners of no less than 20 percent of the frontage along, immediately adjacent to, immediately across an alley from, or directly across the street from the subject property.

Standards for Zoning Amendments. The Village Board, Planning and Zoning Commission, and Zoning Administrator shall evaluate applications for zoning text or map amendments with specific written findings based on a balance of the standards of this Section.

The proposed amendment will not endanger the health, safety, comfort, convenience, and general welfare of the public.

The proposed amendment is compatible with the existing uses, character, and zoning of adjacent properties and other property within the immediate vicinity of the proposed amendment.

The proposed amendment provides a relative gain to the public, as compared to any hardship imposed upon an individual property owner.

The proposed amendment makes it more feasible to develop property relative to the present zoning classification of the property.

The proposed amendment addresses the community need for a specific use.

The proposed amendment corrects an error, adds clarification, or reflects a change in policy.

The proposed amendment rectifies existing nonconformities and, if so, the extent of such nonconformities.

The proposed amendment is consistent with the intent of the elements of the Comprehensive plan, this Unified Development Ordinance, and the other land use policies of the Village.

Zoning Appeal.

Purpose. The purpose of this zoning appeal application is to provide for the review of decisions made by the Zoning Administrator in the course of carrying out the duties and responsibilities associated with this Ordinance.

Limitation. A zoning appeal may be proposed by an individual that has been affected by a decision of the Zoning Administrator pursuant to this Ordinance in accordance with § VIII-2.B.1 (Authorization). A zoning appeal must be proposed within 30 days after the date of the decision being appealed.

Procedure.

Action by the Zoning Administrator.

(1)

An application for a zoning appeal shall be filed with the Zoning Administrator in accordance with § VIII-2.B (Application Procedure).

(2)

Upon determining that the application is complete, the Zoning Administrator shall prepare a report for the Planning and Zoning Commission, and schedule the application for consideration by the Planning and Zoning Commission.

Action by the Planning and Zoning Commission.

(1)

The Planning and Zoning Commission shall conduct a public hearing on a proposed zoning appeal at a regularly scheduled meeting in accordance with § VIII-2.D (Public Hearing) within 60 days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant.

(2)

The Planning and Zoning Commission shall take action in the form of reversing, affirming, or modifying the decision made by the Zoning Administrator.

Zoning Interpretation.

Purpose. The purpose of this zoning interpretation application is to provide a process by which the standards of this Ordinance can be clarified and explained, in order to ensure consistent interpretation and application. Zoning interpretations are not intended to amend or modify the content of this Ordinance.

Limitation. All zoning interpretation requests shall be associated with an existing development project.

Procedure.

An application for a zoning interpretation shall be filed with the Zoning Administrator in accordance with § VIII-2.B (Application Procedure).

Upon determining that the application is complete, the Zoning Administrator shall render an interpretation within 15 days after receipt of the complete application.

The determination of the Zoning Administrator may be appealed to the Planning and Zoning Commission in accordance with § VIII-3.F (Zoning Appeal).

Sign Permit.

Purpose. The purpose of this sign permit application is to establish a process for obtaining a permit to erect, construct, alter, or relocate signs within the Village.

Applicability. An applicant must obtain a sign permit in order to erect, construct, alter, or relocate a sign, except for certain exempt permanent and temporary signs as specified in § VII-4.A (Permanent Signs Exempt from Permit Requirements) and § VII-5.B (Temporary Signs Exempt from Permit Requirements). The maintenance of signs does not require a sign permit and includes, but is not limited to, cleaning, painting, repairing, changing advertising copy, changing items of information, or modifying the copy of changeable copy signs.

Procedure.

An application for a sign permit shall be filed with the Zoning Administrator in accordance with § VIII-2.B (Application Procedure).

Upon determining that the application is complete, the Zoning Administrator shall approve, approve with conditions, or deny the sign permit based upon the requirements of Article VII (Signs) and all other applicable ordinances of the Village within 30 days after receipt of the complete application.

Expiration of Sign Permit Approval. Sign permit approval shall expire and be revoked if any of the following conditions occur.

A building permit has not been obtained for the sign within six months after approval of the sign permit. The applicant may request one six-month extension of this period, which shall be approved by the Zoning Administrator, by means of a written request filed prior to the expiration of the initial six-month period.

The standards of this Ordinance or any of the terms and conditions of the sign permit are violated.

Temporary Use Permit.

Purpose. The purpose of this temporary use permit application is to accommodate reasonable requests for temporary uses that are desirable for the community in the short term.

Applicability. An applicant must obtain a temporary use permit to establish a temporary use in accordance with § III-5 (Temporary Structures and Uses).

Procedure.

An application for a temporary use permit shall be filed with the Zoning Administrator in accordance with § VIII-2.B (Application Procedure).

Upon determining that the application is complete, the Zoning Administrator shall approve, approve with conditions, or deny the temporary use permit based on the standards of § III-5 (Temporary Structures and Uses), within 30 days after receipt of the complete application. Temporary uses not established in § III-5 (Temporary Structures and Uses) shall require approval by the Village Board through a Zoning Text or Map Amendment as established in § VIII-3.E (Zoning Text and Map Amendment).

Expiration of Temporary Use Permit Approval. Temporary use permit approval shall expire and be revoked if any of the following conditions occur.

The use has not commenced or a building permit has not been obtained for the use within six months after approval of the temporary use permit. The applicant may request one six-month extension of this period, which shall be approved by the Zoning Administrator, by means of a written request filed at least 30 days prior to the initial expiration of the six-month period.

The licenses or permits required for the operation or maintenance of the use are not obtained or are subsequently terminated.

The standards of this Ordinance or any of the terms and conditions of the temporary use permit are violated.

(Ord. No. 2078, 12-11-17)

§ VIII-4 - Planned Unit Developments

Purpose. Planned unit developments are a distinct category of special use permits intended to allow flexibility in the application of the standards of this Ordinance for significant development proposals that provide amenities to the community which are not required of conventional development applications. The planned unit development process seeks to achieve the following specific purposes:

Encourage creativity, flexibility, sustainability, and environmental sensitivity in the development of land and the design of structures.

Provide for the efficient use of land to facilitate a more effective arrangement of land uses, structures, utilities, circulation systems, parking, and other facilities.

Facilitate development that is consistent with Village land use policies, particularly in areas designated for potential redevelopment.

Encourage development that preserves and enhances the natural features, environmental resources, watercourses, and topography of the site.

Facilitate the provision of public and private open space, recreational facilities, and other amenities that will enhance the character of the site.

Applicability.

Special Use Permit Standards. A planned unit development shall be granted in accordance with the procedures, standards, and requirements of this Section and § VIII-3.C (Special Use Permit). The ordinance granting or amending the planned unit development as a special use may depart from the procedures, standards, and requirements of this Ordinance.

Zoning District Standards. A planned unit development may be granted as a special use in accordance with Article III (Uses). The requirements of the underlying zoning district shall apply to the planned unit development, unless exceptions from these requirements are specifically granted in the ordinance approving the planned unit development.

Subdivision Plats and Building Permits. A planned unit development must be granted prior to the applicant receiving approval of a subdivision plat in accordance with Article IX (Subdivision applications) or a building permit in accordance with Chapter 18 (Buildings and Building Regulations).

Procedure. An application for a planned unit development shall follow a four-step procedure, which includes a required pre-application consultation, an optional concept plan consultation, a required preliminary plan, and a required final plan.

Pre-Application Consultation. The purpose of the required pre-application consultation is to allow the applicant to receive advice and assistance from the Zoning Administrator and appropriate Village staff prior to preparation of the optional concept plan or required preliminary plan.

Action by the Zoning Administrator.

(1)

Prior to filing a formal application for a planned unit development, the applicant shall arrange a pre-application consultation with the Zoning Administrator to discuss the proposed planned unit development.

(2)

The Zoning Administrator and appropriate Village staff shall meet with the applicant to discuss the proposed planned unit development in accordance with § VIII-4.D (Application Contents).

(3)

The Zoning Administrator shall provide advice and assistance to the applicant after determining the nature of the exceptions required from this Ordinance and whether the proposal is consistent with the intent of the elements of the Comprehensive Plan and the other land use policies of the Village.

(4)

Any advice and assistance provided by the Zoning Administrator and Village staff shall not be binding upon the Village Board or Planning and Zoning Commission with respect to the formal planned unit development application.

Optional Concept Plan Consultation. The purpose of the optional concept plan consultation is to allow the applicant to obtain information and guidance from a joint meeting of the Village Board and Planning and Zoning Commission prior to preparation of the required preliminary plan.

Action by the Village Board and Planning and Zoning Commission.

(1)

Prior to filing a formal application for a planned unit development, the applicant may arrange a concept plan consultation with the Village Board and Planning and Zoning Commission to discuss the proposed planned unit development.

(2)

The Village Board and Planning and Zoning Commission shall meet with the applicant to discuss the proposed planned unit development in accordance with § VIII-4.D (Application Contents).

(3)

The Village Board and Planning and Zoning Commission shall provide information and guidance to the applicant after determining the nature of the exceptions required from this Ordinance and whether the proposal is consistent with the intent of the elements of the Comprehensive Plan and the other land use policies of the Village.

(4)

Any information and guidance provided by the Village Board or Planning and Zoning Commission shall not be binding upon the Village Board or Planning and Zoning Commission with respect to the formal planned unit development application.

Preliminary Plan. The purpose of the required preliminary plan is to allow the applicant to obtain a preliminary recommendation from the Planning and Zoning Commission and preliminary approval from the Village Board prior to preparation of the required final plan.

Action by the Zoning Administrator.

(1)

Applications for a special use permit and preliminary plan for a planned unit development shall be filed concurrently with the Zoning Administrator in accordance with § VIII-2.B (Application Procedure) and § VIII-4.D (Application Contents). Applications shall not be filed prior to completion of the required pre-application consultation.

(2)

Upon determining that the application is complete, the Zoning Administrator shall prepare a report for the Planning and Zoning Commission based upon the standards of § VIII-4.F (Standards for Planned Unit Developments) and § VIII-3.C.4 (Standards for Special Use Permits), and schedule the application for consideration by the Planning and Zoning Commission.

Action by the Planning Commission.

(1)

The Planning and Zoning Commission shall conduct a public hearing on a proposed preliminary plan for a planned unit development and a special use permit at a regularly scheduled meeting in accordance with § VIII-2.D (Public Hearing) within 60 days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant. Notice for the public hearing shall be in accordance with § VIII-2.C (Notice).

(2)

(3)

The Planning and Zoning Commission shall recommend approval, approval with conditions, or denial of the application.

(a)

In recommending approval of a special use permit and preliminary plan for a planned unit development, the Planning and Zoning Commission may recommend conditions upon the establishment, location, construction, maintenance, and operation of the planned unit development and the special use as deemed necessary to protect the public interest.

(b)

In recommending approval of a special use permit and preliminary plan for a planned unit development, the Planning and Zoning Commission may require guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.

(4)

The Planning and Zoning Commission shall forward its recommendation and the minutes of its public hearing to the Village Board within 60 days after the close of the public hearing.

Action by the Village Board.

(1)

(2)

The Village Board shall evaluate the application based upon the Zoning Administrator's report, the recommendation of the Planning and Zoning Commission, the evidence presented at the public hearing, and the standards of § VIII-4.F (Standards for Planned Unit Developments) and § VIII-3.C.4 (Standards for Special Use Permits).

(3)

(a)

Recommend conditions upon the establishment, location, construction, maintenance, and operation of the planned unit development and the special use as deemed necessary to protect the public interest, to be imposed when final plan approval of the planned unit development is granted.

(b)

Require guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions.

(4)

Following approval of the special use permit and preliminary plan for a planned unit development, the applicant shall be entitled to submit a final plan for the planned unit development.

Final Plan. The purpose of the required final plan is to allow the applicant to obtain final approval of the final plan from the Village Board.

Action by the Zoning Administrator.

(1)

Applications for a final plan for a planned unit development shall be filed with the Zoning Administrator in accordance with § VIII-2.B (Application Procedure) and § VIII-4.D (Application Contents). Applications shall be filed within one year after approval of the required preliminary plan.

(2)

Upon determining that the application is complete, the Zoning Administrator shall determine whether the final plan is in conformance with the approved preliminary plan and any conditions and guarantees deemed necessary by the Village Board.

(3)

If the final plan is in substantial conformance with the approved preliminary plan, the Zoning Administrator shall prepare a report for the Village Board recommending approval of the final plan and schedule the application for consideration by the Village Board.

(4)

If the final plan is not in substantial conformance with the approved preliminary plan, the Zoning Administrator shall allow the applicant to revise any parts of the application that are not in substantial conformance with the preliminary plan prior to preparing the report, and shall allow the applicant to resubmit the application as a final plan in accordance with the requirements of this Section.

Action by the Village Board.

(1)

The Village Board shall consider the application at a regularly scheduled meeting within 60 days after receiving the report of the Zoning Administrator recommending approval of the final plan. The 60-day period may be extended with the written consent of the applicant.

(2)

The Village Board shall take action in the form of approval, approval with conditions, or denial of the application.

(3)

Upon approval of the final plan by the Village Board, the use of land and the construction or modification of any buildings or structures on the site will be governed by the approved final plan rather than by other provisions of this Ordinance.

Application Contents.

Pre-Application Consultation. An application for a pre-application consultation for a planned unit development shall include a site plan drawn to an appropriate scale including the following information:

The current ownership of the site.

A conceptual layout of the proposed planned unit development.

The location of the property and rights-of-way immediately adjacent to the proposed planned unit development.

The location and use of all existing and proposed buildings and structures within the proposed planned unit development.

The location of any proposed public or private improvements.

A statement establishing any known exceptions to this Ordinance to be requested as part of the proposed planned unit development, including the section number of each standard from which an exception is sought.

Any other information necessary to clearly explain the planned unit development.

Optional Concept Plan Consultation. An application for an optional concept plan consultation for a planned unit development shall include a site plan drawn to an appropriate scale including the following information:

The current ownership of the site.

A conceptual layout of the proposed planned unit development.

The location of the property and rights-of-way immediately adjacent to the proposed planned unit development.

The location and use of all existing and proposed buildings and structures within the proposed planned unit development.

The location of any proposed public or private improvements.

Any other information necessary to clearly explain the planned unit development.

Preliminary Plan. An application for a preliminary plan for a planned unit development shall include the following information:

Proof of ownership establishing that the proposed planned unit development shall be in single ownership or under unified control so that all owners of the property shall be included as joint applicants.

A plat of survey, drawn to an appropriate scale, showing the location of the zoning lot associated with the planned unit development, including all lots within the zoning lot.

A site plan drawn to an appropriate scale that includes the following information:

(1)

The location of property and rights-of-way immediately adjacent to the proposed planned unit development.

(2)

The location, height, and use of all existing buildings and structures immediately adjacent to the proposed planned unit development.

(3)

The location, area, height, bulk, and dimensions of all existing and proposed buildings and structures within the proposed planned unit development.

(4)

The general land uses of all existing and proposed buildings and structures within the proposed planned unit development.

(5)

The location and dimensions of all setbacks within the proposed planned unit development.

(6)

The location and dimensions of all walkways, driveways, streets, parking facilities, and loading facilities within the proposed planned unit development.

(7)

The location and dimensions of all external lighting fixtures within the proposed planned unit development.

(8)

The location and dimensions of any areas proposed to be conveyed, dedicated or reserved for parks, playgrounds, schools, public buildings, or any other public uses within the proposed planned unit development.

(9)

A statement establishing any proposed exceptions to this Ordinance to be requested as part of the proposed planned unit development, including the section number of each standard from which an exception is sought.

Building elevations and schematic designs, indicating the general architectural character of all proposed buildings and structures.

A traffic circulation plan and traffic impact analysis, indicating the proposed movement of motorists, bicyclists, and pedestrians within the site, access to and from adjacent streets, off-street parking facilities, and the impact of the proposed planned unit development upon existing traffic patterns.

A utilities and drainage plan, indicating the adequacy of the utilities serving the proposed planned unit development, including water distribution lines, sanitary sewers, and stormwater management facilities.

A preliminary landscape plan, in accordance with the requirements of § VI-1.D (Landscape plan).

A preliminary sign plan, indicating the general location, sign type, and dimensions of signs within the proposed plan unit development.

A statement establishing the amenities to be included in the proposed planned unit development.

Final Plan. An application for a final plan for a planned unit development shall include the following information:

All covenants, easements, agreements, and provisions required to govern the ownership, use, maintenance, and continued protection of the planned unit development, including an agreement assuring that the applicant, any subsequent owner, and/or any applicable homeowners association will be responsible for all private improvements within the planned unit development.

All plats, certificates, seals, and signatures required for the dedication or vacation of land, the dedication or vacation of public rights-of way, and for the recording of the final site plan.

A plat of subdivision prepared in a format suitable to be recorded with the Cook County and/or Will County Recorder of Deeds, if subdivision of the development site is included in the planned unit development.

A final site plan in a format suitable to be recorded with the Cook County and/or Will County Recorder of Deeds, including the following information:

(1)

A legal description of the zoning lot associated with the planned unit development, including a legal description of each lot within the zoning lot.

(2)

Final designation of the location, area, height, bulk, and dimensions of all existing and proposed buildings and structures within the proposed planned unit development.

(3)

Final designation of the general land uses of all existing and proposed buildings and structures within the proposed planned unit development. Projects with residential land uses shall include the total number of residential dwelling units within the proposed planned unit development and the residential density of the site.

(4)

The final location and dimensions of all setbacks within the proposed development.

(5)

The final location and dimensions of all walkways, driveways, streets, parking facilities, and loading facilities within the proposed planned unit development.

(6)

The final location, dimensions, and design and illumination characteristics of all external lighting fixtures within the proposed planned unit development.

(7)

The legal description, location, and dimensions of any areas proposed to be conveyed, dedicated, or reserved for parks, playgrounds, schools, public buildings, or any other public uses within the proposed planned unit development.

(8)

A final statement establishing any proposed exceptions to this Ordinance requested as part of the proposed planned unit development, including the section number of each standard from which an exception is sought.

Final building elevations and schematic designs, indicating the specific architectural character of all proposed buildings and structures.

A final traffic circulation plan and traffic impact analysis, indicating the proposed movement of motorists, bicyclists, and pedestrians within the site, access to and from adjacent streets, off-street parking facilities, and the impact of the proposed planned unit development upon existing traffic patterns.

A final utilities and drainage plan, indicating the size and location of all water distribution lines, sanitary sewers, and stormwater management facilities.

A final landscape plan, in accordance with the requirements of § VI-1.D (Landscape Plan).

A final sign plan, indicating the location and dimensions of all signs, including the design and illumination characteristics of all signs.

A final statement establishing the amenities to be included in the proposed planned unit development.

A construction schedule indicating the following:

(1)

If the planned unit development is going to be developed in a single phase, the date construction is expected to begin, the date construction is expected to be completed, and the date when specific uses are expected to be established on the site.

(2)

If the planned unit development is going to be developed in multiple phases, the date that construction of the initial phase is expected to begin, the dates when final plans are expected to be submitted for each subsequent phase, the date that construction is expected to be completed for each phase, and the date when specific uses are expected to be established on the site.

Amendment to Approved Planned Unit Development. A final plan for an approved planned unit development may be amended in accordance with the requirements of this Section.

Major Amendments. During construction of the planned unit development, any change to an approved final plan that substantially affects the essential design, composition, and character of the planned unit development shall be considered a major amendment. The Village Board shall make a decision on a request for a major amendment after receiving a recommendation from the planning and Zoning Commission in accordance with § VIII-4.C.3 (Preliminary Plan). Major amendments may include, but shall not be limited to, the following:

Any change in the location of general land uses within the development.

Any change in the proportion of land uses in the development by 10 percentage points or more.

Any change in the gross floor area of the development by five percent or more.

Any change in the building height of the development by five percent or more.

Any change in the proportion of the impervious coverage of the development by 10 percentage points or more.

Any change in the number of dwelling units within the development.

Any change in the location or dimensions of walkways, driveways, streets, parking facilities, and loading facilities within the development by ten feet or more.

Any change in the number of off-street parking spaces provided within the development by ten percent or more.

Any change in the amount of open space provided within the development or in the location of open space from that shown on the approved final plan.

Any change to the landscape plan that reduces the amount of material planted within the development.

Minor Amendments. During construction of the planned unit development, any change to an approved final plan that minimally affects the essential design, composition, and character of the planned unit development shall be considered a minor amendment. Any amendment that is not established as a major amendment in § VIII-4.E.1 (Major Amendments) shall be considered a minor amendment. The Zoning Administrator shall make a decision on a request for a minor amendment in accordance with § VIII-4.C.3 (Preliminary Plan). The Zoning Administrator may determine that the application shall be resubmitted as a major amendment in accordance with § VIII-3.D.2.a (Major Variations).

Standards for Planned Unit Developments. The Village Board, Planning and Zoning Commission, and Zoning Administrator shall evaluate applications for planned unit developments with specific written findings based on a balance of both the standards of this Section and the standards for special use permits in accordance with VIII-3-C.4 (Standards for Special Use Permits).

The proposed planned development fulfills the objectives of the elements of the Comprehensive plan and the other land use policies of the Village through an innovative and creative approach to the development of land.

The proposed planned unit development will provide walkways, driveways, streets, parking facilities, loading facilities, exterior lighting, and traffic control devices that adequately serve the uses within the development, promote improved access to public transportation, and provide for safe motor vehicle, bicycle, and pedestrian traffic to and from the site.

The proposed planned unit development will provide landscaping and screening that enhances the Village's character and livability, improves air and water quality, reduces noise, provides buffers, and facilitates transitions between different types of uses.

The proposed planned unit development will provide site design and development that is based on sustainable principles.

The proposed planned unit development will protect the community's natural environment to the greatest extent practical, including existing natural features, watercourses, trees, and native vegetation.

The proposed planned unit development will be provided with underground installation of utilities when feasible, including electricity, cable, and telephone, as well as appropriate facilities for storm sewers, stormwater retention, and stormwater detention.

Zoning District Exceptions and Provision of Community Amenities.

Zoning District Exceptions. Planned unit developments are subject to the regulations of the zoning district in which they are located, unless exceptions from these regulations are specifically recommended by the Planning and Zoning Commission, granted by the Village Board, and found to be in accordance with § VIII-4.F (Standards for Planned Unit Developments).

Provision of Community Amenities. Planned unit developments may be granted exceptions from zoning district regulations if the applicant demonstrates that the development will provide amenities to the Village that are not required from conventional development applications. The amenities to be considered by the Village Board, Planning and Zoning Commission, and Zoning Administrator shall be appropriate for the scale of the planned unit development and may include, but shall not be limited to, the following:

Establishment of community amenities, such as plazas, gardens, public art features, outdoor seating areas, pedestrian facilities, and transit facilities.

Establishment of open space amenities, such as playing fields, playgrounds, swimming pools, and fitness facilities.

Enhancement of the community's natural environment, including existing natural features, watercourses, trees, and native vegetation.

Preservation and enhancement of the community's historic places and cultural resources.

Provision of public infrastructure improvements that exceed the requirements of the planned unit development, such as enhancements to rights-of-way, stormwater management systems, and sewer systems.

Incorporation of sustainable development techniques, such as meeting the requirements of LEED or LEED-equivalent rating systems.

Provision of residential dwelling units for affordable housing or senior housing.

Provision of residential dwelling units with accessible features that exceed the requirements of the Americans with Disabilities Act.

Expiration of Approved Planned Unit Developments.

Preliminary Plan Expiration. Preliminary plan approval shall expire and be revoked if a complete application for the final plan has not been filed within one year after approval of the preliminary plan by the Village Board. The applicant may extend this one-year period for a period of one year by means of a written request filed with the Zoning Administrator at least 30 days prior to the expiration of the initial one-year period, which shall be approved by the Village Board.

Final Plan Expiration. Final plan approval shall expire and be revoked if a building permit has not been filed within one year after approval of the final plan by the Village Board. The applicant may extend this one-year period by means of a written request filed with the Zoning Administrator at least 30 days prior to the expiration of the period, which shall be approved by the Village Board.

(Ord. No. 2078, 12-11-17)

§ VIII-5 - Nonconformities

Purpose. The purpose of this Section is to regulate uses, structures, and lots that were in compliance with previous zoning regulations, but do not conform to current zoning regulations as a result of adoption of or amendments to this Ordinance. The intent of this Section is to specify the circumstances under which legal nonconforming uses, structures, and lots may be continued, altered, or expanded as well as circumstances under which such nonconformities shall be gradually eliminated.

Applicability.

Authority to Continue.

Any use, structure, or lot that was established legally as of the effective date of this Ordinance, or its subsequent amendments, may continue as long as it remains lawful.

Any use, structure, or lot that was established legally as of the effective date of this Ordinance, or its subsequent amendments, and has been made nonconforming due to the regulations of this Ordinance, or its subsequent amendments, is a legal nonconforming use, structure, or lot and may continue subject to the provisions of this Section as long as it remains otherwise lawful.

Any use, structure, or lot that was established illegally as of the effective date of this ordinance, or its subsequent amendments, shall remain illegal if it does not conform with the requirements of this Ordinance.

Nonconforming Status. The legal nonconforming status of a nonconforming use, structure, or lot rests with the property and shall not be affected by changes in property ownership, tenancy, or management.

Burden of Establishing Legal Status. The burden of establishing the legal status of a nonconforming use, structure, or lot under the provisions of this Ordinance shall be the responsibility of the owner of such use, structure, or lot.

Nonconforming Uses.

Applicability. A legal nonconforming use is the use of land or a structure that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this Ordinance.

Expansion of Use. A legal nonconforming use shall not be expanded, enlarged, or increased in intensity to include any land area or structure not previously occupied by such legal nonconforming use.

Relocation of Use. A legal nonconforming use shall not be relocated on the same lot or any other lot unless the relocation of such use meets the requirements of the zoning district in which the use is relocated.

Damage or Destruction of Use. In the event that any structure devoted in whole or in part to a legal nonconforming use is damaged or destroyed to the extent of 50 percent or more of its replacement value, then the use cannot be continued unless it meets the requirements of the zoning district in which the use is located.

Change of Use. A legal nonconforming use shall not be changed to any other use unless the use is allowed within the zoning district in which the use is located.

Discontinuation or Abandonment of Use. If a legal nonconforming use is discontinued, or the structure that it occupies becomes vacant or remains unoccupied for a continuous period of at least six months, such use shall be deemed abandoned and shall not be reestablished regardless of the intent to continue the use. Any period of discontinuance or abandonment caused by a government action or an act of nature shall not be included in the six-month period. Any subsequent use or occupancy of such land or structure shall meet the requirements of the zoning district in which the use is located.

Nonconforming Structures.

Applicability. A legal nonconforming structure is a principal or accessory structure that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this Ordinance. For the purposes of this Section, legal nonconforming structures shall include nonconforming signs, on-site development, off-street parking and loading facilities, and landscape characteristics.

Ordinary Maintenance and Repair. Ordinary maintenance and repair may be performed on any legal nonconforming structure provided that such activities will not create any new nonconformity or increase the degree of any existing nonconformity.

Structural Alterations, Enlargements, and Additions. Structural alterations, enlargements, and additions shall not be performed on any legal nonconforming structure, except in the following situations:

When the alteration, enlargement, or addition is required by law or is necessary to restore the structure to a safe condition upon the order of any official representative of the Village.

When the alteration, enlargement, or addition is for the purpose of creating a conforming structure.

When the alteration, enlargement, or addition will not create any new nonconformity or increase the degree of any existing nonconformity.

When the alteration, enlargement, or addition expands the existing perimeter walls of a legal nonconforming single-family or two-family residential structure, provided that it meets the following conditions:

(1)

The resulting structure will not create any new nonconformity or increase the degree of any existing nonconformity.

(2)

The resulting interior side setback is no less than 50 percent of the required interior side setback.

(3)

The resulting front, corner side, or rear setback is no less than 75 percent of the required front, corner side, or rear setback.

When the alteration, enlargement, or addition develops a sustainable accessory structure, such as a rainwater cistern, small wind energy system, or solar energy collection system.

Relocation. A legal nonconforming structure shall not be relocated on the same lot or any other lot unless the relocation of such structure meets the requirements of the zoning district to which the structure is relocated.

Damage or Destruction.

In the event that a legal nonconforming structure is damaged or destroyed to the extent of 50 percent or more of its replacement value, then the structure may not be repaired unless it meets the requirements of the zoning district in which the structure is located.

In the event that a legal nonconforming structure is damaged or destroyed to the extent of less than 50 percent of its replacement value, the structure may be repaired provided that:

(1)

The repairs will not create any new nonconformity or increase the degree of any existing nonconformity.

(2)

A building permit is obtained for such repairs within six months of the date of damage or destruction, and such repairs are completed within one year of issuance of the building permit.

The replacement value of the legal nonconforming structure shall be established by:

(1)

The sale of the structure within the previous year, or if that is not applicable;

(2)

An appraisal of the structure within the last two years, or if that is not available;

(3)

The amount for which the structure was insured prior to the date of damage or destruction, or if that is not available;

(4)

An alternative method determined acceptable by the Village.

Discontinuation or Abandonment of Nonconforming Signs. A legal nonconforming sign may not remain in use if the property on which the sign is located is vacant and unoccupied for a period of six months or more. Any sign which advertises an activity, business, product, or service which has ceased operation or production shall be removed within six months of the discontinuance of the activity.

Nonconforming Lots of Record.

Applicability. A legal nonconforming lot of record is a lot of record that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this ordinance.

Contiguous Nonconforming Lots of Record. If two or more contiguous lots of record are owned by a single party, or by related parties, and one or more of the lots does not meet the requirements for lot area or lot width as established by this Ordinance, then the lots of record shall be developed as a single entity. A building permit shall not be issued for the development of such contiguous lots of record in violation of this Section.

Individual Nonconforming Lots of Record in Residential Districts. In the R-1 and R-2 Districts, a single-family dwelling unit may be developed on a legal nonconforming lot of record provided that the owner of that lot of record, or a related party, does not own any lots of record that are contiguous to the subject lot of record and that the principal structure meets all of the bulk and yard requirements of the zoning district in which it is located.