Peotone City Zoning Code

ADMINISTRATION

§ 157.180 GENERAL PROVISIONS.

The administration of this chapter is hereby vested in the following:

(A) The Zoning Administrator.

(B) The Zoning Board of Appeals.

(Ord. 77-08, passed 6-28-77)

§ 157.181 ADMINISTRATIVE OFFICER.

The Zoning Administrator shall be in charge of the administration and enforcement of this ordinance. The Zoning Administrator shall:

(A) Receive applications required, issue permits and furnish certificates, all in his judgment and discretion.

(B) Examine premises for which permits have been issued, and make necessary inspections to determine compliance.

(C) When requested by the President of the Board of Trustees, or when the interest of the village so requires, make investigations and render written reports.

(D) Issue such notices or orders as may be necessary.

(E) Adopt rules and procedures consistent with this chapter.

(F) Keep careful and comprehensive records of applicants, permits, certificates, inspections, reports, notices, orders and all localized actions of the Board of Trustees and shall file the same permanently by street address.

(G) Keep all such records open to public inspection, at reasonable hours, but not for removal from his office.

(H) Report to the President of the Board of Trustees, at least once each month as to permits and certificates issued, and orders promulgated.

(I) Request and receive the assistance and cooperation of the Police Department, the legal department and of other village officials.

(J) Inform the legal department of all violations and all other matters requiring prosecution of legal action.

(K) Be entitled to rely upon any opinion of the Legal Department as to the interpretation of this chapter, or the legal application of this chapter to any factual situation.

(L) Discharge such other duties as may be placed upon him by this chapter.

(Ord. 77-08, passed 6-28-77)

§ 157.182 OCCUPANCY CERTIFICATE.

(A) No building or addition thereto, constructed after the effective date of this chapter and no addition to a previous existing building shall be occupied, and no land vacant on the effective date of this chapter shall be used for any purpose, until an occupancy certificate has been issued by the Zoning Administrator. No change in a use in any district shall be made until an occupancy certificate has been issued by the Zoning Administrator. Every occupancy certificate shall state that the use or occupancy complies with all the provisions of this chapter.

(B) Every application for a building permit shall also be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new or changed use of land or building where no building permit is required shall be made to the Zoning Administrator.

(C) No occupancy certificate for a building or addition thereto, constructed after the effective date of this chapter, shall be issued until construction has been completed and the premises have been inspected and certified by the Zoning Administrator to be in full and complete compliance with the plans and specifications upon which the zoning certificate was based. No addition to a previously existing building shall be occupied, and no new use of a building in any district shall be established until the premises have been inspected and certified by the Zoning Administrator to be in full compliance with all the applicable standards of the zoning district in which it is located. Pending the issuance of a regular certificate, a temporary certificate may be issued to be valid for a period not to exceed six months from its date during the completion of any addition or during partial occupancy of the premises. An occupancy certificate shall be issued or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, not later than 14 days after the Zoning Administrator is notified in writing that the building or premises is ready for occupancy.

(D) In addition to the above requirements, every application for a building permit in the village shall be accompanied by a $200 deposit by the applicant for each home or each apartment unit in the form of a cashier's check or cash to insure the village that occupancy of the building will not be permitted until an "occupancy certificate is obtained as provided herein. No building permit will be issued without the $200 deposit per home or apartment unit. Deposit will be returned upon issuance of occupancy certificate. In the event the building is occupied prior to the issuance of a occupancy certificate by the Zoning Administrator, the following will occur:

(1) Total deposit monies herein shall be forfeited to the village.

(2) The water to the property will be immediately turned off by the village and not turned on again until an occupancy permit is issued by the village.

(3) Any contractor who allows occupancy of a building he has constructed prior to the issuance of any occupancy certificate by the Zoning Administrator of the village shall be barred from obtaining any building permit on the first violation for one year, second violation for two years in the village.

(Ord. 77-08, passed 6-28-77; Am. Ord. 79-10, passed 9-10-79) Penalty, see § 157.999

§ 157.183 CERTIFICATE FOR CONTINUED OCCUPANCY OF NONCONFORMING USES.

Certificates for the continued occupancy of nonconforming uses existing at the time of passage of this chapter or made nonconforming by this chapter, shall state that the use is a nonconforming one and does not conform with the provisions of this chapter. The Zoning Administrator shall notify the owners of the property being used as a nonconforming use and shall furnish said owner with a certificate of occupancy for such nonconforming use.

(Ord. 77-08, passed 6-28-77)

§ 157.184 ZONING BOARD OF APPEALS.

(A) Creation and procedure.

(1) A Board of Appeals is hereby created. The word Board when used in this section shall be construed to mean the Board of Appeals. The Board shall consist of seven members appointed by the President and confirmed by the Board of Trustees of the village. The members of the Board shall serve respectively for the following terms: one for one year; one for two years; one for three years; one for four years; one for five years; one for six years; and one for seven years; the successor to each member so appointed to serve for a term of five years; one of the members so appointed shall be named as Chairman at the time of his appointment. The President of the village shall have the power to remove any member of the Board for cause and after a public hearing. Vacancies upon said Board shall be filled for the unexpired term of the member whose place has become vacant in the manner herein provided for the appointment of such member.

(2) All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson or at such other times as the Board may determine. All testimony by witnesses at any hearing provided for in this chapter shall be given under oath. The Chairperson, or in his absence the Vice Chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating the fact, and shall also keep records of its examinations and other official actions. Findings of fact shall be included in the minutes of each case of a requested variation, specifying the reasons for making or denying such variation. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Board and shall be a public record. The Board shall adopt its own rules of procedure not in conflict with the statute in such case made and provided.

(3) The Zoning Board of Appeals shall decide matters as authorized by this chapter in a specific case and after public hearing. A concurring vote of four members of the Zoning Board of Appeals shall be necessary on any matter upon which it is authorized to decide by this chapter.

(B) Jurisdiction and authority. The Zoning Board of Appeals is hereby vested with the following jurisdiction and authority:

(1) To hear an appeal from an administrative order, requirement, decision, or determination made by the Zoning Administrator under this chapter, and to report its recommendations to the Village Board.

(2) To hear all matters referred to it upon which it is required to decide under this chapter and to report its recommendations to the Village Board.

(3) The concurring vote of four members of the Village Board shall be necessary to reverse any order, requirements, decision or determination of the Zoning Administrator or to decide in favor of the applicant any matter upon which it is required to pass under this chapter.

(Ord. 77-08, passed 6-28-77)

§ 157.185 APPEALS.

(A) Authority. The Zoning Board of Appeals shall hear appeals from an administrative order, requirement or determination under this chapter made by the Zoning Administrator and make its recommendations to the Village Board.

(B) Initiation and processing. An appeal may be taken to the Zoning Board of Appeals by any person, firm or corporation, or by an office, department, board, bureau or commission aggrieved by an administrative order, requirement, decision or determination under this chapter.

(1) The appeal shall be taken within such time as shall be prescribed by the Board of Appeals by a general rule by filing with the Village Clerk and with the Board of Appeals, a notice of appeal, specifying the ground thereof. Such appeal shall be taken upon forms provided by the Zoning Board of Appeals. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed was taken.

(2) An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Board of Appeals, after the notice of appeal has been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In this event the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application and on notice to the officer from whom the appeal is taken, and on due causes shown.

(3) The Board of Appeals shall fix a reasonable time for the hearing of appeal and give due notice thereof to the parties and make recommendation on the appeal to the Village Board within a reasonable time. Any party may appear in person or by agent or attorney.

(4) The Board of Appeals may recommend the reversal or affirmation, wholly or partly, or may recommend the modification of the order, requirement, decision or determination, as in its opinion ought to be made in the situation and to that end all the powers of the officer from whom the appeal is taken.

(C) Decision. All decisions of the Village Board, after hearing by and recommendation of the Zoning Board of Appeals from an administrative order, requirement, decision or determination of the Zoning Administrator shall in all instances be final administrative determination and shall be subject to judicial review only in accordance with applicable Illinois statutes.

(Ord. 77-08, passed 6-28-77)

§ 157.186 VARIATIONS.

(A) Authority. The Village Board of Trustees shall decide variations of the provisions of this chapter in harmony with its general purpose and intent, and shall vary them only in the specific instances hereinafter set forth where the Zoning Board of Appeals shall have made a finding of fact based upon the standards hereinafter prescribed that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this chapter.

(B) Initiation. An application for a variation may be made by any person, firm or corporation, or by any office, department, board, bureau or commission requesting or intending to request application for a building permit, zoning certificate or occupancy certificate.

(C) Processing. An application for a variation shall be filed with the Village Clerk. The Village Clerk shall forward such application to the Zoning Board of Appeals for processing in accordance with applicable statutes of the State of Illinois and the provisions of this chapter. No variation shall be recommended by the Zoning Board of Appeals except after a public hearing before the Zoning Board of Appeals, of which there shall be a notice of time and place of the hearing published at least once, not more than 30 nor less than 15 days before the hearing, in one or more newspapers with a general circulation within the village, and a written notice is served at least 15 days before the hearing on the owners of the properties located adjacent to the location for which the variation is requested.

(D) Decisions. All recommendations and findings of the Zoning Board of Appeals on variations arrived at after the hearing shall be accompanied by findings of fact specifying the reason or reasons for recommending the approval or disapproval of the variation, and the decision of the Village Board shall be final and subject to judicial review only in accordance with applicable statutes of the State of Illinois.

(E) Standards.

(1) The Board of Trustees shall not vary the provisions of this chapter as authorized in this section unless it shall have made findings based upon the evidence presented to it and the Board of Appeals in the following cases:

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

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

(2) A variation shall be permitted only if the evidence, in the judgment of the Village Board, sustains each of the three conditions enumerated above.

(3) For the purpose of supplementing the above standards, the Board of Trustees, in making this determination whenever there are practical difficulties or particular hardships, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:

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

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

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

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

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

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

(F) Authorized variation. Variations from the regulations of this chapter shall be granted by the village only in accordance with the standards set out in this section, and may be granted only in the following instances and in no others:

(1) To permit up to 20% reduction in the front, side or rear yard required by this chapter;

(2) To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient area or width of the lot or lots but in no event shall the respective area and width of the lot be less than 75% of the required area and width. The percentage set forth in this division (2) is not to be reduced by any other percentage for minimum lot width and area set forth in this chapter.

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

(4) To reduce the applicable off-street parking or loading facilities required by not more than one parking space or loading space, or 20% of the applicable regulations, whichever number is greater;

(5) To increase by not more than 20% the gross area of any sign;

(6) To increase by not more than 10% the maximum gross floor area of any use so limited by the applicable regulations;

(7) To extend the period of time a non-conforming use may continue or remain;

(8) To exceed any of the authorized variations allowed under this section, when a lot of record or a zoning lot, vacant or legally used on the effective date of this chapter, is by reason of the exercise of the right of eminent domain by any authorized governmental body or by reason of a conveyance under threat of an eminent domain proceeding reduced in size so that the remainder of said lot does not conform with one or more of the regulations of the district in which said lot of record or zoning lot or structure is located.

(G) Other variations. Variations other than those listed above may be granted by the Village Board, but only after a public hearing as set forth herein for an authorized variation, and a report from the Zoning Board of Appeals recommending the variation. The concurring vote of four members of the Village Board shall be necessary to grant a variation.

(Ord. 77-08, passed 6-28-77)

§ 157.187 PLAN COMMISSION.

(A) Jurisdiction. The Plan Commission which has been duly established is the Plan Commission referred to in this chapter, and shall have the following duties under this chapter:

(1) To hear all applications for amendments and special uses and thereafter submit reports of findings and recommendations thereon to the Village Board in the manner prescribed in this section for amendments and special uses;

(2) To initiate, direct and review, from time to time, studies of the provision of this chapter, and to make reports of its recommendations to the Village Board not less frequently than, once each year; and

(3) To hear and decide all matters upon which it is required to pass under this chapter.

(B) Meetings and rules. All meetings of the Plan Commission shall be held at the call of the Chairperson, and at such times as the Plan Commission may determine. All hearings conducted by said Plan Commission under this chapter shall be in accordance with Illinois statutes. In all proceedings of the Plan Commission provided for in this chapter, the Chairperson, and in his absence the Vice Chairperson, shall have the power to administer oaths. All testimony by witnesses at any hearing provided for in this chapter shall be given under oath. The Plan Commission shall keep minutes of its proceedings, and shall also keep records of its hearings and other official actions. A copy of every rule or regulation, every amendment and special use, and every recommendation, order, requirement, decision or determination of the Plan Commission under this chapter shall be filed in the office of the Village Clerk and shall be a public record. The Plan Commission shall adopt its own rules and procedures, not in conflict with this chapter or with applicable Illinois statutes.

(Ord. 77-08, passed 6-28-77)

§ 157.188 AMENDMENTS.

(A) Authority. The regulations imposed and the districts created under the authority of this chapter may be amended from time to time, by ordinance in accordance with applicable statutes of the State of Illinois. An amendment shall be granted or denied by the Village Board of Trustees only after public hearing before the Plan Commission and a report of its findings and recommendations has been submitted to the Village Board of Trustees.

(B) Initiation of amendment. Amendments may be proposed by the Village Board, by the Plan Commission, the Zoning Board of Appeals, other governmental bodies, or by any resident of or by any owner of property within the jurisdictional limits of this chapter.

(C) Processing. An application for an amendment shall be filed with the Village Board and thereafter introduced into the Village Board of Trustees. Such application shall be forwarded from the Village Board to the Plan Commission, with a request to hold a public hearing. Notice shall be given of the time and place of the hearing, not more than 30 nor less than 15 days before the hearing, by publishing a notice thereof at least once in one or more newspapers with a general circulation within the village.

(Ord. 77-08, passed 6-28-77)

§ 157.189 SPECIAL USES.

(A) Purpose. The development and execution of this chapter is based upon the division of the village into districts, within any one of which the use of land and buildings and the bulk and location of buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon the public need for the particular use of the particular location. Such special uses fall into two categories:

(1) Uses operated by a public agency or publicly-regulated utilities, or uses traditionally affected with a public interest.

(2) Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

(B) Authority. Special uses shall be authorized or denied by the Village Board in accordance with the provisions of this chapter applicable to amendments of this chapter and the regulations and conditions set forth in this chapter for special uses. No application for a special use shall be acted upon by the Village Board until after:

(1) A written report is prepared and forwarded to the Village Board by the Plan Commission in a manner prescribed herein for amendments to this chapter; and

(2) A public hearing has been held by the Plan Commission after due notice by publication as prescribed herein, for amendments, and the findings and recommendations of the Plan Commission have been reported to the Village Board.

(C) Initiation. An application for a special use may be made by any person, firm or corporation, or by an office, department, board, bureau or commission requesting or intending to request a building permit or occupancy certificate.

(D) Processing. An application for a special use, in such form and accompanied by such information as shall be established from time to time by the Plan Commission shall be filed with the Village Clerk and thereafter processed in the manner prescribed heretofore for applications and amendments.

(1) The Plan Commission shall hold the public hearing and forward its recommendations in the form of a written report to the Village Board within 30 days following the date of public hearing on each application unless it is withdrawn by the petitioner.

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

(b) Such uses will not under the circumstances of the particular case be detrimental to the health, safety, morals or general welfare of persons residing or working in the vicinity or injurious to property values or improvement in the vicinity; and

(c) The proposed use will comply with the regulations and conditions specified in this chapter for such use, and with the stipulation and conditions made a part of the authorization granted by the Village Board of Trustees.

(2) In the case of written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, is filed with the Clerk of the municipality, the amendment shall not be passed except by a favorable vote of two-thirds of all of the Trustees of the village. Any proposed amendment which fails to receive the approval of a majority of the Plan Commission members and is so reported, shall not be passed by the Village Board except by a favorable vote of two-thirds of all the Trustees of the village.

(E) Decisions. The Village Board, upon report of the Plan Commission and without further public hearing, may grant or deny any proposed amendment in accordance with applicable statutes of the State of Illinois or may refer it back to the Plan Commission for further consideration.

(Ord. 77-08, passed 6-28-77)

§ 157.190 PLANNED UNIT DEVELOPMENT.

(A) Purpose. To encourage the most orderly development of properties through advance planning and thus assure adequate standards for the development of residential neighborhoods; provide regulations to encourage a variety of dwelling types; assure adequate open space; protect residential areas from undue traffic congestion; protect residential areas from the intrusion of business, industrial and other land uses that may create an adverse effect upon the living environment; and thus promote the general welfare of the community.

(B) Provisions. The basic provisions and requirements concerning Planned Unit Development are as follows: The subdivision, development and use of land containing ten or more acres as an internal unit, combining more than one primary land use and which may provide for single-family residential, multiple-family residential, education, business, commercial, industrial, recreational, park and common use areas may be described as a Planned Unit Development. A Planned Unit Development may be established as a special use in any Zoning District.

(1) In its establishment and authorization as a special use, in addition to the foregoing provisions, the following procedures, requirements, restrictions, standards and conditions shall be observed.

(2) The Planned Unit Development may be excluded from the provisions of the subdivision regulations (Chapter 154) and of this chapter to the extent specified in the final authorization of the Planned Unit Development.

(1) Pre-application conference. A pre-application conference shall be held with the Plan Commission. At such conference, the applicant shall provide information as to the location of the proposed planned development, the uses, and approximate area of use for each use category; a list of any and all exceptions to the subdivision regulations and zoning code of Peotone, and any other information necessary to clearly explain the planned development to the Plan Commission.

(2) The Plan Commission shall review and consider the proposed plan as to its compatibility with the comprehensive plan and the goals and policies for planning of the village and advise the applicant on the information, documents, exhibits, drawings, and any limitations on the proposal that should be included in the application to the village for a special use permit for planned development.

(D) Preliminary plan. The applicant shall request the special use permit, by letter addressed to the Village Board, to be placed on the agenda of the meeting of the Plan Commission for a preliminary discussion of the proposed Planned Development, and the Plan Commission shall consider the proposed Planned Development at such meeting, which may be continued from time to time. The applicant shall present such exhibits and written information as may be necessary to fully acquaint the Plan Commission with the proposed development which shall include, but not necessarily be limited to the following:

(1) The map or maps which shall be included as part of the application shall be drawn at a scale of 100 feet to the inch (1" = 100'), or if the area of the site is more than 200 acres, 200 feet to the inch (1 " - 200'). The following information shall be shown:

(a) Boundary survey. A boundary line survey of the subject site which shall be prepared and certified by a registered land surveyor.

(b) Topography. The existing topographic character of the land with contours shown at intervals no greater than five feet. Topographic data shall refer to the U.S.G.S. North American Datum - Mean Sea Level Elevation.

1. Physical factors information:

a. Existing land uses both on the site and immediately adjacent to it.

b. Scenic views.

c. Wooded areas.

d. Soil problem areas based upon a soil survey of the site to include a report from the Soil Conservation Service. Additional soil information may be requested by the Plan Commission and/or the Village Engineer.

e. Portions of the site in any flood plain and/or flood plain fringe area.

f. Streams, drainage ditches, culverts and standing water.

g. Isolated preservable trees six inches or more in diameter at one foot above ground level.

h. General directions of the storm water run-off across the property.

2. Public utilities information, which shall show the location and size of any existing sanitary sewers, storm sewers, and water lines both on the site and in easements and rights-of-way immediately adjacent to the site - gas, electric and telephone.

3. Other information.

a. Existing county and/or municipal zoning on all parts of the site.

b. Municipal corporate boundaries across and adjacent to the subject site.

c. School district boundaries across and adjacent to subject site.

d. Utility easements across and adjacent to the subject site.

(d) Land use plan. A proposed land use plan which shall be drawn upon a print of the topographic map for the site. The proposed land use plan shall contain the following information:

1. Identification and description:

a. Name of the Planned Unit Development.

b. Location of the subject site by section, town, and range or by other approved legal description.

c. Name and address of the site planner and/or engineer.

d. Name and address of the owner and/or trust beneficiary or developer.

e. Scale, northpoint and date.

2. Design features information, which shall show:

a. Right-of-way alignments, widths, and names of all streets. Such street names shall not duplicate the name of any street heretofore used in the village or its environs unless such street is an extension of or is in line with an already named street, in which event that name shall be used.

b. The location of all multi-family or single-family attached buildings and structures.

c. Off-street parking and service areas.

d. All areas to be dedicated as common open space and all sites to be conveyed, dedicated, or reserved for parks, playgrounds, school sites, public buildings, and similar public and quasi-public uses.

e. The pedestrian circulation system, any parkway belt system, or bicycle circulation system.

f. All other information necessary to clearly show the proposed elements of the Planned Unit Development.

(e) Utility plan. A proposed utility plan which shall be drawn on a print of the proposed land use plan. The proposed utility plan shall show the approximate location and dimensions of all sanitary sewer, storm sewer, and water lines for all proposed land uses, drainage ditches, culverts and water retention areas, as well as any utility easements. The utility plan shall be accompanied by a statement from the Village Engineer attesting to the capability of existing sewer systems to service the proposed development.

(2) The written statement which shall be included as part of the application for approval of the preliminary plan shall contain the following information:

(a) A statistical tabulation of the acreage amounts of all of the land uses proposed in the preliminary plan.

(b) The type and number of dwelling units for any proposed residential land uses.

(c) The stages in which the project will be built and the approximate dates when construction of each stage can be expected to begin and to end.

(3) Other information may be requested if the Plan Commission finds that the Planned Unit Development may create special problems for traffic, parking, landscaping and/or economic feasibility. Such information may include but not be limited to any of the following:

(a) An off-street parking and loading plan.

(b) A traffic study indicating the volume of traffic to be generated by the planned unit development or this phase of it and proposing any special engineering design features and/or traffic regulation devices needed to insure the proper safety of traffic circulation to, through, and around the planned unit development or this phase of it.

(c) Economic impact - A tax impact study detailing the impact which the Planned Unit Development or this phase of it will have upon all taxing bodies. In addition, the expected number of students to be generated by any residential portion of it shall also be quantified.

(d) A landscaping planting plan, indicating the height, size, location, quantities and variety of stock to be planted.

(4) The procedure for approval of the preliminary plan shall be as follows:

(a) The Village Board shall refer the preliminary plan to the Plan Commission. The Village Board shall instruct the appropriate village departments and consultants to collaborate with the Plan Commission in reviewing the preliminary plan for the planned unit development for its compliance with these regulations and other ordinances of the village. Such collaboration may include meetings at which the developer shall meet with village officials and consultants in order that the Plan Commission may have prior to its public hearing the informal recommendations of its experts.

(b) The Village Board shall notify the applicant as to the time and place of the public hearing at which the applicant shall present his Preliminary Plan. The Village Board shall cause notice of such public hearing to be published in a manner approved by the Village Manager and/or Village Attorney for the Plan Commission for all special use permits and as required by statute.

(c) The Plan Commission and the Village Board may utilize the services of the professional village consultants in arriving at recommendations or decisions. The applicant shall pay the village the reasonable cost incurred for the services rendered by its consultants within ten days after the submission of the bill from the village to him. The consultants shall bill for their services at the same hourly rate which they normally charge municipal clients. The village consultants shall include but not be limited to the persons who provide the village with advice in the fields of engineering, law, planning, traffic, design and finance.

(5) The Plan Commission shall proceed as quickly as possible in its review of the preliminary plan. Within no more than 30 days after the final adjournment of the public hearing, the Plan Commission shall:

(a) Approve or disapprove the preliminary plan and shall submit its written recommendation, which may include the recommendations of the Village Engineer, Village Planner, and/or Village Attorney to the Board of Trustees, with a copy being sent to the applicant; or

(b) Advise the applicant in writing if the Plan Commission finds that changes, additions, or corrections are required in the preliminary plan. The applicant shall resubmit ten copies of the revised preliminary plan for consideration of the Plan Commission at a continuation of or a new public hearing. The applicant shall do so without paying an additional filing fee. The Plan Commission shall submit its recommendations in writing to the Village Board, which may also include the recommendations of the Village Engineer, Village Planner and/or Village Attorney, with a copy also being sent to the applicant.

(6) The Village Board of Trustees shall accept or reject the preliminary plan within 45 days after its next regular meeting following the receipt of the written recommendations of the Plan Commission. The applicant and the Village Board of Trustees may mutually agree to extend the 45-day period.

(a) If the preliminary plan is disapproved, the Village Board may state in writing the reasons for the disapproval, and such writing, if prepared, shall be filed with the Village Clerk, and a copy shall be sent to the applicant.

(b) If the preliminary plan is approved, the Village Board shall authorize the applicant to submit a final development plan for the Planned Unit Development.

(c) Within one year following the approval of the preliminary development plan, the applicant shall file with the Plan Commission a final development plan completing in final form all information required as noted in this section.

(E) Final development plan.

(1) Within one year following the approval of the preliminary development plan, the applicant shall file with the Plan Commission a final development plan containing in final form the information required in the preliminary plan. The final development plan shall also include the following:

(a) A final land use plan, suitable for recording with the County Recorder of Deeds. The purpose of the final development plan is to designate the land subdivided into lots as well as the division of other lands not so treated, into common open areas and building areas and to designate and limit the specific internal uses of each building or structure, as well as of the land in general.

(b) An accurate legal description of the entire area under immediate development within the planned development.

(c) If subdivided lands are included in the planned development, a subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat, to the extent that compliance with the subdivision regulations of the village shall be required.

(d) An accurate legal description of each separate unsubdivided use area, including common open space.

(e) Designation of the location of all buildings to be constructed, and a designation of the uses for which each building is designed.

(f) Certificates, seals and signatures required for the dedication of land, and recording the document.

(g) Tabulations of each separate unsubdivided use area, including land area and number of dwelling units per gross acre.

(h) Landscaping plan.

(i) Utilities and drainage plan.

(j) Final agreements, by-laws, provisions, or covenants which govern the use, maintenance, and continued protection of the planned development and any of its common open area or other common facilities.

(k) Final development and construction schedule.

(l) Final architectural plans.

(m) Final engineering drawings.

(2) The final development plan shall be approved as follows:

(a) The Plan Commission shall review the Final Development Plan within 35 days of its submission and shall recommend approval if it is in substantial compliance with the preliminary development plan. The Plan Commission shall certify to the Board of Trustees that the final development plan is in conformity with the previously filed preliminary development plan.

(b) If the final plan is substantially changed from the approved preliminary plan, the Plan Commission shall recommend to the Village Board that a new public hearing be held in conformance with the procedures for approval of preliminary plan.

(c) The Board of Trustees after receipt of the recommendation of the Plan Commission shall itself review the final development plan and shall, if it is in conformity with the preliminary development plan, authorize insurance of special use permits. If the final development plan is held not to be in conformity with the preliminary development plan, the Village Board shall inform the applicant with regard to the specific areas found to be not in compliance.

(Ord. 77-08, passed 6-28-77; Am. Ord. 19-01, passed 4-8-19)

§ 157.191 CHANGES AND MODIFICATIONS OF THE PLANNED UNIT DEVELOPMENT AFTER APPROVAL OF THE FINAL PLAN.

(A) After the approval of the final plan the use of land and the construction, modification, or alteration of any buildings or structures within the planned unit development will be governed by the approved final plan rather than by any other provisions of this chapter.

(B) No changes may be made in the approved final plan except upon application to the appropriate agency according to the following procedures:

(1) During the construction of the planned unit development, the procedure shall be as follows:

(a) Minor changes in the location, siting, and height of buildings and structures and in the location of streets and ways of public access and in the size and location of open space, may be authorized by the Plan Commission as required by engineering or other circumstances not foreseen at the time that the final plat was approved.

(b) All changes in land uses, any re-arrangement of lots, blocks, and building tracts, any major changes in the provisions for common open space and all other changes in approved final plan must be made by the Village Board of Trustees, under the procedures authorized by this chapter for the amendment to the zoning map.

(c) Any changes which are approved for the final plat must be recorded as amendments to the recorded copy of the final plat. If changes are allowed in a final site plan, a new site plan reflecting such changes shall be filed with the village.

(2) After the completion of the construction of the planned unit development, the procedure shall be as follows:

(a) Any minor extension, alterations, or modifications of existing buildings or structures may be recommended by the Plan Commission if they are consistent with the purpose and intent of the final plat.

(b) Any building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final plat unless an amendment to the final plat is approved following the procedures for the amendment of zoning map.

(c) All other changes in the final plan must be made by the Village Board of Trustees, under the procedure authorized by this chapter for the amendment of the zoning map. No changes may be made in the final plan unless they are required for the continued successful functioning of the planned unit development, or unless they are required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the village.

(Ord. 77-08, passed 6-28-77)

§ 157.192 STANDARDS.

No planned unit development shall be authorized unless the Plan Commission shall find and recommend, in addition to those standards established herein for special uses, that the following standards will be met:

(A) General.

(1) The uses permitted by such exceptions as may be requested or recommended are necessary or desirable and appropriate to the purpose of the development.

(2) The uses permitted in such development are not of such nature or so located as to exercise an undue detrimental influence or effect upon the surrounding neighborhood.

(3) Any industrial park areas established in the planned unit development shall conform to all requirements therefor as set forth elsewhere in this chapter.

(4) All minimum requirements pertaining to commercial, residential, institutional, or other uses established in the planned unit development shall be subject to the requirements for each individual classification as established elsewhere in this chapter, except as may be specifically varied in the chapter granting and establishing a planned unit development use.

(5) When private streets and common driveways are made a part of the planned unit development or private common open space or recreation facilities are provided, the applicant shall submit, as part of the application, the method and arrangement whereby these private facilities shall be operated and maintained. Such arrangements for operating and maintaining private facilities shall be subject to the approval of the Village Board.

(B) Residential.

(1) Residential density for a planned unit development shall not be greater than the recommended density, as shown in this chapter, nor shall any lot to be used for residential purposes be less in area or dimension than that required by the district regulations applicable to the district in which the planned unit development is located, except that the Plan Commission may recommend and the Village Board may grant a reduction in such lot area and dimension, but not more than 15% when the planned unit development provides common open space equal to not less than 10% of the gross area of the planned unit development.

(2) Business uses may be included as part of a planned residential development when the Plan Commission finds that such business uses are beneficial to the overall planned unit development and will not be injurious to adjacent or neighboring properties. Such business uses shall not be greater in area than 10% of the planned unit development.

(3) The open areas provided in the part of the planned development containing only residential structures shall be preserved over the life of the planned unit development for use only by the residents of the planned development.

(4) For that part of a planned development devoted to residential uses, the Plan Commission may recommend and the Village Board of Trustees may approve access to a dwelling by a driveway or pedestrian walk easement, and spacing between buildings of lesser widths or depths than required by district regulations for the district in which the planned development is located, provided:

(a) That adequate provisions are made which perpetuate during the period of the special use, access easements and off-street parking spaces for use by the residents of the dwellings served;

(b) The spacing between buildings shall be approved by the Plan Commission and shall be consistent with the application of recognized site planning principles for securing a unified development, and due consideration is given to the openness normally afforded by intervening streets and alleys;

(c) The yards for principal buildings along the periphery of the development shall be not less in width or depth than required for permitted uses in the district regulations applicable to the districts in which the planned development is located; and the plan is developed to afford adequate protection to neighboring properties as recommended by the Plan Commission and approved by the Village Board of Trustees.

(C) Cluster subdivision. In any single-family cluster subdivision, the Plan Commission may recommend and the Village Board may authorize the following exceptions to the regulations of the district in which the cluster subdivision is permitted as a special use:

(1) A reduction of the lot area by not more than 5% and in no case shall the lot area be less than 8650 square feet.

(2) A reduction of the lot width to:

Seventy feet in the R-1 District.

Sixty-five feet in the R-2 District.

(3) In the part of the planned development containing only residential uses, the minimum lot area per dwelling unit may be not more than 5% less than that required for permitted uses in the district regulations applicable to the district in which the planned development is located.

(a) Reduction of such lot area shall be recommended by the Plan Commission and approved by the Village Board only where there is contained within the planned development permanent open area, the area and location of which shall meet with the approval of the Commission, and that such open space shall not be less than that which would pertain if developed on individual lots.

(b) Such open area shall be preserved over the life of the planned development, for use only by the residents of the planned development or dedicated to the village for school, park, playground or other public uses; and

(4) In a planned development devoted to residential uses, the Plan Commission may recommend and the Village Board may approve, access to a dwelling by a driveway or pedestrian walk easement; however, off-street parking facilities for such dwellings shall be located not more than 200 feet from the dwelling served; yards of lesser widths or depths than required for permitted uses in the district regulations applicable to the district in which the planned development is located; provided

(a) That protective covenants are recorded which perpetuate access easements and off-street parking spaces for use by the residents of the dwellings served;

(b) That spacing between buildings shall be consistent with the application of recognized site planning principles for securing a unified development and due consideration is given to the openness normally afforded by intervening streets and alleys;

(c) Spacing between principal buildings within a part of a planned development shall be equivalent to such spacing as would be required between buildings by district regulations for the district in which it is located.

(5) That in a planned business development, the following additional requirements are hereby specified:

(a) All buildings shall be setback not less than 30 feet from all streets bounding the site;

(b) Required off-street parking space shall be provided in the ratio of not less than 10 parking spaces for every 1,000 square feet of gross floor area;

(c) All walks within the planned development shall be paved with a hard surfaced material meeting the specifications of the Village Engineer;

(d) Any part of the planned development not used for buildings, loading and access ways, shall be attractively landscaped with grass, trees, shrubs or pedestrian walkways, according to a landscape plan, as approved by the Plan Commission;

(e) The buildings in the planned development shall be planned and designed as a unified and single project.

(D) Variations of minimum requirements.

(1) Parks, playgrounds, and common areas. Wherever the applicant proposes to provide and set out, by platting, deed, dedication, restriction, or covenant, any land or space separate from single-family or multi-family residential districts to be used for parks, playgrounds, commons, greenways or open areas, the Plan Commission may consider and recommend to the Village Board and the Village Board may vary the applicable minimum requirements of the subdivision regulations and this chapter which may include but not necessarily be limited to the following:

(a) Rear yard

(b) Side yard

(d) Bulk

(e) Intensity of use

(f) Street width

(g) Sidewalks

(h) Public utilities

(i) Off-street parking

(2) Business.

(a) Business uses shall be as prescribed by the Plan Commission.

(b) All business and storage of materials shall be conducted or stored within a completely enclosed building.

(d) At least 10% of the lot shall be provided for landscape and open space purposes.

(e) No building shall be more than 35 feet in height.

(f) No dwelling shall be permitted in a planned business development.

(g) Off-street parking shall be provided and maintained on the same lot based upon three square feet of parking space for each square foot of gross floor area unless the Plan Commission recommends and the Village Board requires additional off-street parking space.

(h) Service and loading and unloading facilities shall be provided as recommended and approved by the Plan Commission.

(i) No building shall be located nearer than 50 feet to any street line.

(j) Business developments shall be adequately screened by fencing or landscaping or both along the boundaries of adjacent residential, public open space, schools, churches or other similar uses. The screen planting shall be prepared by a landscape architect and shall meet the approval of the Plan Commission.

(k) Outside lighting shall be so designed and placed so as to not be disturbing to adjacent residential areas.

(l) Signs shall comply with the regulations of the B-1 business uses permitted in this chapter.

(3) Industrial.

(a) The standards for industrial areas in a panned unit development shall conform to the applicable standards in this chapter for industrial areas.

(b) At least 20% of the industrial land use areas shall be reserved for landscape and open space purposes.

(E) Conditions and guarantees. Prior to granting any special uses, the Plan Commission may recommend, and the Village Board shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection and requirements specified herein or as may be from time to time required. In all cases in which special uses are granted, the Village Board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.

(F) Effect of denial of a special use. After a public hearing, no application for a special use which has been denied wholly or in part by the Village Board shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of substantial new evidence or proof of changed conditions found to be valid by the Plan Commission and the Village Board.

(G) Termination of special use permit. If work on the proposed development has not begun within 24 months from the date of the authorization order of the Village Board, the authorization shall become null and void and all rights thereunder shall lapse.

(Ord. 77-08, passed 6-28-77)

§ 157.193 FEES, CHARGES AND EXPENSES.

The Village Board shall establish a schedule of fees, charges and expenses for zoning certificates, occupancy certificates, appeals, application for amendments or special use, and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the Village Clerk and may be altered or amended on by the Village Board. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

(Ord. 77-08, passed 6-28-77; Am. Ord. 05-33, passed 3-27-06)

§ 157.194 SPECIAL CONSULTANTS REVIEW ESCROW.

(A) Whenever any review of any matter that is governed by the provisions of this chapter requires review by outside consultants to be hired by the village, such review will not be contracted for by the village until such time as the applicant has deposited a sum sufficient to pay the full cost of the consultants' services. The village will seek estimates of the cost of the review from each of the consultants and notify the applicant of such estimates. The applicant shall then deposit an amount equal to 110% of such estimates into escrow with the village. Such deposit shall be by check or in cash. At the time of receipt, the escrow amount shall be deposited in a separate fund to be known as the consultant review escrow fund and in a separate interest-bearing bank account. The village will then draw amounts from said escrow deposit to pay for the services of the consultants at such time as their bills are submitted and become due and payable. If at any time the deposit, after such draws, becomes less than 25% of the original deposit, then the applicant shall deposit additional funds in an amount to be determined by the village, which additional deposit shall increase the amount in the escrow account to an amount sufficient to pay all remaining fees anticipated to be owed to the consultants. If the amount on deposit ever is determined by the village to be insufficient to pay for all remaining services for the consultants, or if the applicant ever fails or refuses to make any required additional deposits, then all reviews by the consultants shall cease until any required additional deposit is made and the applicant will not be entitled to any continued review of his or her application until the additional deposit is made. Once the reviews by the consultants have been completed and they have been fully paid for their services, then any remaining amount on deposit, less any interest income, shall be refunded to the applicant. The interest income shall be retained by the village to help pay for the administrative costs of the village.

(B) It shall be the responsibility of the applicant to request a refund of the escrow fund amount and, if no such request is received within three years from the date the deposit was made, then the village shall be entitled to use any amount remaining in said escrow fund for general corporate purposes.

(Ord. 05-33, passed 3-27-06)