The purpose of this chapter is to establish the procedural requirements for zoning text amendments, annexations, map amendments, variances, special uses, planned community developments, temporary uses and appeals of the Building Official.

(Ord. 2012-012, 3-13-2012)

All information submitted as part of an application for a zoning procedure shall be submitted in both paper and electronic format. Completed applications shall be turned into the Village Clerk. If the Clerk deems the application incomplete, the applicant shall be notified and informed as to what information is still needed.

In order for an application for a zoning procedure to be considered complete, at a minimum the following information must be submitted:

A.

Completed application with appropriate signatures.

B.

A certified plat, site plan or survey prepared by a licensed professional, with staff's discretion. (This includes any proposed landscaping, building elevations, signage, exterior lighting, etc.). Due to the nature of text amendments, this requirement may not be applicable for such requests.

C.

A detailed written statement explaining the reason for the request.

D.

Full legal description of the subject property or properties.

E.

Application fee.

(Ord. 2012-012, 3-13-2012)

A.

Purpose. The Planning and Zoning Commission shall hold a public hearing on all applications for text amendments, map amendments, variances, special uses and planned community developments. The public hearing shall be held within 65 days of the date when the complete application was filed.

B.

Scope. All public hearings, proceedings and applications before the Planning and Zoning Commission shall be conducted and processed in accordance with this section.

C.

Chairman. The Chairman or designee of the Planning and Zoning Commission shall preside over the public hearing and may impose reasonable limitation on evidence or testimony, including but not limited to reasonable time limits. The Planning and Zoning Commission shall not be bound by strict rules of evidence; however, irrelevant, immaterial or unduly repetitious evidence shall not be admissible. The Village may appoint a hearing officer to assist the Chairman or to rule on evidentiary matters.

D.

Court Reporter Required. The Village may request that a certified court reporter shall record all public hearings before the Planning and Zoning Commission. It is the responsibility of the applicant to cover all costs associated with the request to provide the court reporter, such as the cost of the court reporter and all transcripts. The Village shall notify the applicant that a court reporter is being required prior to the day of the public hearing. The court reporter shall transcribe the proceedings and forward one copy to the Village and one copy to the applicant.

The Village and applicant may copy the transcripts as necessary. Other interested parties may order the transcript from the court reporter at their own expense.

E.

Interested Party Participation. Any interested party may participate in a public hearing. The public hearing shall serve as a forum for any interested party (the applicant, the Village, any citizen of the Village or person owning real property within the Village and any other person living adjacent to the property which is subject of the public hearing).

1.

Any interested party may present evidence and cross examine witnesses at a public hearing.

2.

The Chair of the Planning and Zoning Commission may establish reasonable rules for determining those who wish to participate as interested parties, including, but not limited to, required registration prior to the start of the public hearing.

F.

Public Hearing Notice. Two separate notices shall occur not less than 15 days and nor more than 30 days prior to the date of the public hearing.

1.

Notice of the public hearing shall be made by publication in a newspaper of general circulation in the Village and shall conform to the requirements of Illinois Compiled Statutes and shall contain a description of the proposed zoning request.

2.

Notice shall also be sent to the owners of adjacent property (at the address from the latest tax rolls) by certified mail. Proof at attempt to fulfill this requirement (submittal of certified mail receipts) shall be submitted to the Village prior to the public hearing. The Planning and Zoning Commission shall determine the party responsible for submittal of the notifications; associated costs are the responsibility of the Applicant and not the Village. Due to the nature of a text amendment, notifications by certified mail to adjoining property owners are not required.

G.

Public Hearing Proceedings.

1.

Public hearings shall be conducted in a manner substantially consistent with a small claims trial pursuant to Illinois Supreme Court Rule 286(b).

2.

At least 15 days prior to the public hearing, the applicant shall file a pre-hearing memo with the Village Clerk identifying all witnesses and evidence the applicant will introduce at the public hearing, including the subject matter of all testimony. The Village Clerk shall provide a copy of the pre-hearing memo to the Village Attorney, Village President and Chairman of the Planning and Zoning Commission. The Village may use the pre-hearing memo to prepare for the public hearing. If the pre-hearing memo is not timely filed, the Planning and Zoning Commission may continue the public hearing to a time after the pre-hearing memo is actually filed.

3.

At the commencement of the public hearing, the Chairman shall read into the record proof of lawful notice (the date of publication, receipt of certified mailings).

4.

All witnesses appearing at the public hearing and offering testimony, including but not limited to the staff presenting evidence, shall be sworn under oath.

5.

The Village may, but is not obligated to make an opening statement and present evidence and witnesses. The applicant and any interested party may cross examine the Village and its witnesses.

6.

At the public hearing, the applicant may make an opening statement. The Village may also make an opening statement at this time or reserve opening until later. Thereafter, the applicant shall present its witnesses and evidence.

a.

All exhibits shall be appropriately marked for easy identification. A reasonable foundation for each exhibit shall be provided before being admitted into evidence.

b.

After each witness testifies, the Village, the Planning and Zoning Commission and any interested party may cross examine the witness on the subject matter of the testimony.

7.

After the applicant completes the presentation of witnesses and evidence and rests, any interested party may make an opening statement and present evidence and witnesses. Each interested party shall identify himself or herself and state their address. The applicant and the Village may cross examine any witness.

8.

The Planning and Zoning Commission may question any witness on any matter pertaining to the public hearing. If the Planning and Zoning Commission does question a witness, all parties may cross examine the witness based upon the testimony elicited.

9.

The Chairman shall grant any reasonable request or motion by the applicant, Village or the Planning and Zoning Commission for a continuance.

10.

After the Village has completed presenting its evidence, the applicant may present rebuttal evidence subject to cross examination and a closing statement.

11.

Thereafter, the Chairman shall close the public hearing. The Planning and Zoning Commission shall not render any decision or recommendations until the public hearing is closed.

12.

The Chairman may order reasonable deviations from these hearing procedures in order to promote efficiency, so long as the applicant or any interested party is not unduly prejudiced.

H.

Decision/Recommendations.

1.

In rendering a decision or recommendation, the Planning and Zoning Commission shall only consider the evidence, testimony and argument presented as a part of the Public Hearing, testimony accepted into evidence, as well as information generally known by the Planning and Zoning Commission.

2.

The decision and recommendations shall be based upon the specific factors and criteria set forth in the Village's ordinances and/or relevant state statutes.

3.

As a part of its decision/recommendation, the Planning and Zoning Commission shall render a written decision and statement of facts, and if necessary, address each of the factors and criteria required by statute or ordinance.

4.

The Planning and Zoning Commission may delay a decision or recommendation until a future meeting to allow the members to review and consider the evidence and transcript of the proceedings.

I.

Decision by the Corporate Authorities.

1.

For any decision or recommendation requiring action by the corporate authorities the full record of the public hearing, the transcript, all evidence and the written decision/recommendation shall be forwarded to the Village Board and President.

2.

In rendering a decision the corporate authorities shall only consider the record of the public hearing and evidence admitted at the hearing, as well as information already in the possession of the Village Board (i.e., matters of public record, etc.). The corporate authorities may allow the applicant, the Village and interested parties to make a statement/argument prior to rendering a decision. However, such statement or argument shall be limited to arguing the facts in the record and no new evidence shall be considered.

3.

The corporate authorities may, by a majority vote, refer the matter back to the Commission for further consideration and the taking of further evidence at another public hearing. Any additional public hearing shall be noticed and published, at the applicant's costs, as the initial public hearing.

J.

Retention of Records. Upon a final decision by the corporate authorities or the Planning and Zoning Commission, the evidence, transcript and findings of fact shall be retained by the Village Clerk for three years.

(Ord. 2012-012, 3-13-2012)

A.

Purpose. The purpose of this section is to provide regulations which govern the procedures and requirements for the review and approval, or denial of proposed text amendments to the Zoning Ordinance.

B.

Required Information. A completed application for a text amendment, the required fee and any supporting documentation shall be submitted to the Village Clerk for referral to the Planning and Zoning Commission (The Commission). If the application is deemed incomplete then the Commission shall postpone any public hearing until all adequate information is submitted.

C.

Public Hearing Notice. Refer to Section 8-5-3.

D.

Planning and Zoning Commission Hearing and Recommendation. The Commission shall hold a public hearing on the proposed text amendment, after which a recommendation will be made to grant or deny the text amendment application to the Village Board. The Commission may make the recommendation at the same meeting, or choose to continue the proceedings at a later date. The Commission may request additional information as needed. Once a recommendation is made, the Commission shall record its conclusion as part of the meeting minutes and forward such documentation onto the Village Board for review. The Commission's failure to act or submit a report within 65 days of the public hearing shall constitute a recommendation to approve the request.

E.

Village Board Decision. Within 65 days of receipt of the Commission's recommendation, the Village Board shall act by ordinance to approve or deny the text amendment as originally proposed or approve the text amendment with modifications. The Village Board may also remand the request back to the Commission for further hearings and/or discussion. The Village Board's approval or denial of the requested amendment shall be considered the approval or denial of a unique request, and shall not be construed as precedent for any other proposed amendment.

F.

Effect of Denial. If an application for a text amendment is denied by the Village Board (either wholly or in part), no application may be filed with the Village for the same text amendment within one year of denial unless new evidence or proof of change of factors is found to be valid by the Village Board.

G.

Fee. A fee is required for this procedure. Refer to Section 8-5-12.

(Ord. 2012-012, 3-13-2012)

A.

Purpose. The purpose of this section is to provide regulations which govern the procedures and requirements for the review and approval or denial of proposed amendments to the Official Zoning Map.

B.

Required Information. A completed application for a map amendment, the required fee and any supporting documentation shall be submitted to the Village Clerk for referral to the Planning and Zoning Commission "the Commission." If the application is deemed incomplete then the Commission shall postpone any public hearing until all adequate information is submitted.

C.

Public Hearing Notice. Refer to Section 8-5-3.

D.

Planning and Zoning Commission Hearing and Recommendation. The Commission shall hold a public hearing on the proposed map amendment, after which a recommendation will be made to grant or deny the map amendment application to the Village Board based on the findings of fact by the Commission. The Commission may make the recommendation at the same meeting, or choose to continue the proceedings at a later date. The Commission may request additional information as needed. Once a recommendation is made, the Commission shall record its conclusion as part of the meeting minutes and written findings of fact and forward such documentation to the Village Board. The Commission's failure to act or submit a report within 65 days of the public hearing shall constitute a recommendation for the request. In order to make a recommendation and adoption of findings of fact, the Commission shall consider whether the change is constituent with the objectives of the Zoning Ordinance prescribed in Section 8-1-3. The objectives are as follows:

1.

To promote and protect the public health, safety, morals, convenience and general welfare of the people.

2.

To secure adequate natural light, pure air and safety from fire and other dangers.

3.

To protect the character and maintain the stability of residential, business and industrial areas within the Village of Poplar Grove and to promote the orderly development of the areas.

4.

To lessen or avoid the hazards to persons and damage to property resulting from the accumulation or runoff of storm or flood waters.

5.

To limit congestion in the public streets and highways.

6.

To prohibit uses or structures which are incompatible with the character of other appropriate existing or intended uses within specified zoning districts.

7.

To provide for the gradual elimination of those existing uses of land, buildings and structures that do not conform to the standards of the zoning district in which they are located.

8.

To conserve and enhance the taxable value of land and buildings throughout the Village of Poplar Grove.

E.

Village Board Decision. Within 65 days of receipt of the Commission's recommendation, the Village Board shall act by ordinance to approve or deny the map amendment as proposed. The Village Board may also remand the request back to the Commission for further hearings and/or discussion. The Village Board's approval or denial of the requested amendment shall be considered the approval or denial of a unique request and shall not be construed as precedent for any other proposed amendment.

F.

Effect of Denial. If an application for a map amendment is denied by the Village Board (either wholly or in part), no application may be filed with the Village for the same map amendment within one year of denial unless new evidence or proof of change of factors is found to be valid by the Village Board.

G.

Fee. A fee is required for this procedure. Refer to Section 8-5-12.

(Ord. 2012-012, 3-13-2012)

A.

Purpose. The purpose of this section is to provide regulations which enable the Village to hear and decide requests for permitted variations from the terms of this chapter as will not be contrary to the public interest; where owing to special factors, a literal enforcement of the provisions of this chapter would result in practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done.

B.

Authorized Variations. Variations are authorized for bulk regulations of structures, lots, setbacks, and signage. A variation from the allowed principal land uses, allowable accessory uses, and/or permitted special uses shall not be permitted.

C.

Required Information. A completed application for a variance, the required fee and any supporting documentation shall be submitted to the Village Clerk for referral to the Commission. If the application is deemed incomplete then the Commission shall postpone any public hearing until all adequate information is submitted.

D.

Public Hearing Notice. Refer to Section 8-5-3.

E.

Planning and Zoning Commission Hearing and Determination. The Commission shall hold a public hearing on the proposed variation, after which a decision will be made to grant or deny the variance based on the findings of fact made by the Commission (a lesser variance than requested may be granted but in no instance shall a variance be approved that is greater than the one originally requested). The Commission may make the determination at the same meeting, or choose to continue the proceedings at a later date. The Commission may request additional information as needed. Once a decision is made, the Commission shall record its conclusion as part of the meeting minutes and written findings of fact. In order to make a determination and adoption of findings of fact, the Commission shall consider the following facts (65 ILS 5/11-13-4):

1.

The particular physical surroundings, shape, topographical, or other on-site condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out.

2.

Special circumstances exist that are peculiar to the land, structure or building involved and are not applicable to other lands, structures or buildings in the same district.

3.

The purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the property.

4.

The variation is the minimum variation that will make possible the reasonable use of the land, structure or building, and will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.

5.

The owner of the property has not created the alleged difficulty or hardship.

6.

The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood or adversely affect the health, morals or general welfare of the public.

7.

The proposed variation complies with the spirit and intent of the restrictions imposed by this title.

F.

Effect of Denial. If an application for a variance is denied by the Commission (either wholly or in part), no application may be filed with the Village for the same variance within one year of denial unless new evidence or proof of change of factors is found to be valid by the Commission.

G.

Limited Effect of a Variance. Where the Commission has granted a variance, such approval shall neither change the use classification of the building or premises, nor give it any status as a nonconforming use other than that which it has as result of the variance. Granting of a variance shall be considered as unique to the variance granted and shall not be construed as precedent for any other proposed variance.

H.

Fee. A fee is required for this procedure. Refer to Section 8-5-12.

(Ord. 2012-012, 3-13-2012)

A.

Purpose. The purpose of this chapter is to establish regulations, which govern the procedures for review and approval or denial of special use permits. In some instances as indicated in the specific use table, certain land uses in certain districts are not permitted by right, but rather as special uses. In these cases, special requirements or characteristics require review by the Commission and the possible imposition of such conditions as necessary to ensure that the use is compatible with adjacent properties. Modification, alteration or expansion of any special use in violation as approved (if approved), without approval of the Village Board shall be grounds for revocation of said special use approval.

B.

Required Information. A completed application for a special use, the required fee and any supporting documentation shall be submitted to the Village Clerk for referral to the Commission. If the application is deemed incomplete then the Commission shall postpone any public hearing until all adequate information is submitted.

C.

Public Hearing Notice. Refer to Section 8-5-3.

D.

Planning and Zoning Commission Hearing and Recommendation. The Commission shall hold a public hearing on the proposed special use, after which a recommendation will be made to grant or deny the special use application to the Village Board based on the findings of facts made by the Commission. The Commission may make the recommendation at the same meeting, or choose to continue the proceedings at a later date. The Commission may request additional information as needed. Once a recommendation is made, the Commission shall record its conclusion as part of the meeting minutes, written findings of fact and recommended conditions of approval (if recommended for approval). The Commission's failure to act or submit a report within 65 days of the public hearing shall constitute a recommendation of approval for the request. In order to make a recommendation and adoption of findings of fact, the Commission shall consider the following facts:

1.

The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;

2.

The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, not substantially diminish and impair property values within the neighborhood;

3.

The establishment of the special use will not impede the normal or orderly development and improvement of the surrounding property for uses permitted in the district;

4.

Adequate utilities, access roads, drainage and/or necessary facilities have been, are being, or will be provided;

5.

Adequate measures have been, or will be taken, to provide ingress or egress so designed as to minimize traffic congestion in the public streets; and

6.

The special use shall, in all other respects, conform to the applicable regulations of the districts in which it is located.

E.

Village Board Decision. Within 65 days of receipt of the Commission's recommendation, the Village Board shall act by ordinance to approve or deny the special use as originally proposed or approve the special use with modifications. The Village Board may also remand the request back to the Commission for further hearings and/or discussion. The Village Board's approval or denial of the requested special use shall be considered the approval or denial of a unique request, and shall not be construed as precedent for any other proposed special use.

F.

Conditions of Approval. In permitting a new special use or in modifying an existing special use, the Village Board may impose additional conditions and requirements, either solely or based on the recommendation of the Commission beyond those expressly stated in this chapter, which are deemed necessary to ensure that the above review criteria are met.

G.

Effect of Denial. If an application for a special use is denied by the Village Board (either wholly or in part), no application may be filed with the Village for the same special use within one year of denial unless new evidence or proof of change of factors is found to be valid by the Village Board.

H.

Termination of an Approved Special Use. The applicant must demonstrate that the proposed special use meets all general and specific special use requirements in the site plan required for the initiation of development activity on the subject property. Once a special use is granted, no erosion control permit, site plan approval, occupancy permit, or building permit shall be issued for any development which does not comply with all requirements of this chapter. Any special use found not to be in compliance with the terms of this chapter shall be considered in violation of this chapter and shall be subject to all applicable procedures and penalties. In such circumstances, the Commission, following a properly noticed public hearing as described in subsection 8-5-3F.1, may recommend revocation of the special use permit. Such recommendation shall be forwarded to the Village Board for final action. The Village Board may affirm, reverse or modify the decision of the Commission to revoke the special use permit.

I.

Time Limits on the Development of Special Use. The start of construction of any and all special uses shall be initiated within 365 days of their approval by the Village Board and the use shall be operational within 730 days of said approval, unless stated otherwise in the conditions of approval. Failure to initiate development within this period shall automatically constitute a revocation of the special use. For the purposes of this section, "operational" shall be defined as the granting of an occupancy permit for the special use. Prior to such a revocation, the applicant may request an extension of this period. Said request shall require formal approval by the Village Board and shall be based upon showing of acceptable justification, as determined by the Village Board.

J.

Discontinued Special Use. Any and all special uses that have been discontinued for a period of one year shall have their special use permit invalidated automatically. The burden of proof shall be on the property owner to demonstrate that the special use was in operation during this period.

K.

Changes to Special Use. All requirements of the approved special use shall be continued regardless of ownership of the subject property. Modification, alteration, or expansion of any special use without approval by the Village Board, shall be considered in violation of the Zoning Ordinance and shall be, in addition to any other remedies or penalties, grounds for revocation of said special use approval per subsection H. above.

L.

Fee. A fee is required for this procedure. Refer to Section 8-5-12.

(Ord. 2012-012, 3-13-2012)

A.

Purpose. The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed Planned community developments (PCD), and to provide for the possible relaxation of certain development standards pertaining to underlying standard zoning district.

Planned developments are designed to forward both the aesthetic and economic development objectives of the Village by controlling the site design and the appearance, density or intensity of development in terms of more flexible requirements for land uses, density, intensity, bulk, landscaping and parking requirements. The planned community development shall provide a much higher level of site design, architectural control and other aspects of aesthetic and functional excellence than are normally required for other developments.

The following standards are established to provide flexibility, to encourage sound and imaginative design and to guard against the use of the planned community development technique solely as a means to intensify the use of land. In addition to the standards and criteria established in Section 8.5.7.D., no special use permit shall be granted for a planned community development unless evidence is presented to establish the standards and criteria set forth herein.

B.

Where Permitted. A PCD may be permitted in any district by special use permit in accordance with the procedures of this chapter.

C.

Design Criteria and Performance Standards. All aspects of development (including land use, density and intensity, bulk, landscaping, parking and loading, signage and the subdivision design standards) must be depicted on the site plan required as part of a general development plan or specific implementation plan. All development aspects approved by the Village as part of a general development plan or specific implementation plan shall be construed to be and enforced as part of this chapter.

Certain standards that are required within all planned community developments are:

1.

Development:

a.

Within the planned community development, the standards for all development and allowed uses shall be those of the underlying zoning district(s) except where new or alternative standards are approved by the Village.

b.

Development in the planned community development shall be laid out and developed as a unit according to an approved plan.

2.

Size. Any parcel(s) of land totaling 20 contiguous acres or more being improved shall be required to obtain a planned community development special use.

3.

Landscaping. All planned community developments shall have a landscaping buffer around the perimeter of the development. At a minimum, landscaping shall adhere to the landscaping requirements found within Chapter 10, although such requirements may be intensified by conditions of approval.

4.

Pedestrian Connections. A multi-use path shall connect the planned community development to the Village's comprehensive path plan.

D.

Approval Criteria. A general development plan or specific implementation plan shall demonstrate conformance with all of the following criteria:

1.

The Comprehensive Plan, other adopted plans and policies, applicable guidelines and other overlay districts.

2.

Adequate public services and facilities being provided to serve all development areas to be developed.

3.

Adequate circulation and access being provided to serve all development areas.

4.

Appropriate screening and buffering of adjacent property and uses being provided.

5.

An appropriate range of intensity/density of uses for the entire property or for each development area.

6.

An appropriate set of default or minimum standards for the entire property or development area.

7.

An appropriate phasing plan or development schedule for the entire property or for each development area.

E.

Required Information. The applicant shall submit a general development plan or specific implementation plan (plan) for the use and development of the subject property for the purpose of and meeting the requirements set forth in this section. Said plan shall be accompanied by evidence concerning compliance with the required design criteria, approval criteria and other physical conditions which the plan and supporting evidence shall include each of the following:

1.

A site plan showing the following information:

a.

Existing and proposed contours.

b.

General location and size of all structures.

c.

Location of all access points adjacent to the subject property.

d.

Number and size of parking spaces, loading spaces and traffic circulation on-site.

e.

Location and size of walkways, sanitary sewers, storm sewerage systems, and water distribution system.

f.

Areas subject to flooding.

g.

Landscaping, subject to the minimum requirements of Chapter 10, and any additional landscaping as required by the Village Board.

h.

Lighting, including drawings indicating type of fixtures used and light output within and adjacent to the property, in accordance with Chapter 10.

i.

Signage, including sign drawings or elevations, dimensions and locations of all proposed signs.

j.

Pedestrian connections.

k.

Such additional information as is required to meet the intent and requirements of this section.

2.

Traffic impact report by licensed engineers with recognized expertise, showing the following. This requirement may be waived by the Village Engineer if the anticipated impact is minimal.

a.

The effect of the proposed development on the nearby and adjacent street system.

b.

Estimated traffic volume generated by the proposed development, during peak and off-peak hours.

c.

A traffic impact study projecting the impact of the proposed project on the Village's transportation network.

d.

Recommended mitigating improvements, if any.

e.

That approval has been sought from the Illinois Department of Transportation, Township Road Commissioner and/or County Engineer for the development affecting roadways which fall within the jurisdiction of the appropriate agency.

3.

Additional provisions. The Village may require such additional reasonable provisions as appear necessary or desirable for the protection of adjoining or nearby properties.

F.

Pre-application Conference. Prior to applying for a planned community development special use permit, the applicant is required to confer with the Village President or designee within 30 days after providing the President with a conceptual plan drawn to scale, dated and including all the previously described required information.

G.

Filing Procedure. After receipt of written comments or review from the Village President or designee regarding the pre-application conference, the applicant may file for a PCD special use permit. All procedural rules in regard to the filing of a special use permit (required information, public hearing notice, etc.) shall be the same as in the case of a regular special use petition, except where in conflict with the terms of this chapter. Specific documentation that shall be included with the application form are ten paper copies and one electronic copy of the general development plan or specific implementation plan in addition to any of the other required information previously described.

H.

Planning and Zoning Commission Hearing and Recommendation. The Commission shall hold a public hearing on the proposed planned community development, after which a recommendation will be made to grant or deny the planned community development application to the Village Board based on the findings of fact made by the Commission. The Commission may make the recommendation at the same meeting, or choose to continue the proceedings to a later date. The Commission may request additional information as needed. Once a recommendation is made, the Commission shall record its conclusion as part of the meeting minutes, written findings of fact and recommended conditions of approval if recommended for approval. The Commission's failure to act or submit a report within 65 days of the public hearing shall constitute a recommendation of approval for the request.

At a minimum, the Commission shall review the maximum density and height of the planned community development. The Commission shall recommend to the Village Board the maximum density (dwelling units per net acre) and height which should be permitted which is consistent with the character of the surrounding development. In establishing the maximum density and height, due consideration shall be given to the maximum density and height permitted in the adjacent zoning districts and to the actual density and height of the surrounding area where development already exists. A planned community development site may be divided into two or more parts with densities and heights determined for each part if such division will improve the total character of the development and make it more compatible with the general development of the area.

In order to make a recommendation and adoption of findings of fact, the Commission shall consider if all the design criteria, performance standards and approval criteria have been met.

I.

Village Board Decision. Within 65 days of receipt of the Commission's recommendation, the Village Board shall act by ordinance to approve or deny the planned community development as originally proposed or approve the request with modifications. The Village Board may also remand the request back to the Commission for further hearings and/or discussion. The Village Board's approval or denial of the requested planned community development shall be considered the approval or denial of a unique request, and shall not be construed as precedent for any other proposed amendment.

J.

Conditions of Approval. In permitting a new planned community development or in modifying an existing planned community development, the Village Board may impose additional conditions and requirements either solely or based on the recommendation of the Commission beyond those expressly stated in this chapter, which are deemed necessary to ensure that the above review criteria are met.

K.

Required Recording. If the planned community development entails subdivision of property, then a final plat shall be required, approved and recorded in accordance with the Village subdivision regulations. Such plat with a required landscaping plan and other plans, documents and agreements that are necessary to fulfill the requirements of the approved planned community development shall be reviewed by the Commission. Such plat will show building lines, common land, streets, easements, and other applicable features required by the subdivision regulations. All applicable procedures, standards, and requirements of the subdivision regulations shall be followed except those in conflict with this section. No building permit or occupancy permit shall be issued until after final approval of the planned community development special use permit and recording of the subdivision plat as finally approved by the Village Board.

If the planned community development does not entail the subdivision of property and is intended to improve a single lot then an approved site plan showing all necessary information such as landscaping, building footprints, etc. shall be recorded with the Village.

L.

Effect of Denial. If an application for a planned community development is denied by the Village Board (either wholly or in part), no application may be filed with the Village for the same planned community development within one year of denial unless new evidence or proof of change of factors is found to be valid by the Village Board.

M.

Revocation. Failure to initiate construction of a planned community development within one year after the date of approval shall automatically constitute a revocation of the special use. Prior to such a revocation, the applicant may request an extension of this period. Said request shall require formal approval by the Village Board and shall be based upon showing of acceptable justification, as determined by the Village Board.

N.

Changes to Planned Community Development. All requirements of the approved planned community development shall be continued regardless of ownership of the subject property. Modification, alteration, or expansion of any planned community development without approval by the Village Board, shall be considered in violation of the Zoning Ordinance and shall be, in addition to any other remedies or penalties, grounds for revocation of said planned community development special use approval per the procedures set forth in subsection L. above.

O.

Fee. A fee is required for this procedure. Refer to Section 8-5-12.

(Ord. 2012-012, 3-13-2012)

A.

Purpose. The purpose of this section is to provide regulations that govern the procedure and requirements for the review and approval, or denial, of proposed temporary uses.

Temporary uses are those uses that have the potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of this chapter. In addition to such potential, temporary uses also have the potential to create undesirable impacts on nearby properties that potentially cannot be determined except on a case-by-case basis. In order to prevent this from occurring, all temporary uses are required to meet certain procedural requirements applicable only to temporary uses, in addition to the general requirements of this chapter and the requirements of the zoning district in which the subject property is located.

B.

Required Information. All applications for proposed temporary uses shall be approved as complete by the Village Clerk prior to certification of the proposed temporary use. Said complete application shall contain all of the following:

1.

A map of the subject property showing all lands for which the temporary use is proposed. Said map shall clearly indicate the current zoning of the subject property and its environs, proposed structures or alterations, and the jurisdiction(s) which maintains that control.

2.

A location map, such as the Land Use Plan Map, of the generalized location of the subject property in relation to the Village as a whole.

3.

A written description of the proposed temporary use describing the type of activities, buildings, and structures proposed for the subject property and their general locations.

4.

The Building Official may require a site plan of the subject property.

C.

Applicable Regulations. No public hearing is required to develop a temporary use; however, a demonstration that the developer proposes to meet all temporary use requirements of Section 8-7-10 must be made at time of application. Any temporary use must comply with other applicable codes, including but not limited to building, electrical, plumbing and fire codes. Any temporary use found not to be in compliance with the terms of this chapter shall be considered in violation of this Code and shall be subject to all applicable procedures and penalties.

D.

Building Official Decision. Approval of a temporary use shall be by the Building Official following review of said complete application per subsection B. above.

E.

Fee. A fee may be required for this procedure. Refer to Section 8-5-12.

(Ord. 2012-012, 3-13-2012)

A.

Purpose. An appeal to the Planning and Zoning Commission (the Commission) regarding a zoning decision may be taken by any person aggrieved or by any officer, department, board or bureau of the Village.

B.

Required Information. The appeal shall be taken within 45 days of the action complained of by filing, with the Village Clerk, a notice of appeal, specifying the grounds thereof, together with payment of the filing fee. The officer from whom the appeal is taken shall forthwith transmit to the Village Clerk and the Commission all the papers constituting the record upon which the action appealed from was taken.

C.

Hearing Notice. The Commission shall fix a reasonable time for the hearing of the appeal which shall be held at a regularly scheduled meeting and give due notice thereof to the parties and decide the appeal with a reasonable time.

D.

Planning and Zoning Commission Hearing and Decision. At the hearing, any party may appear in person or by agent or by attorney. The Commission shall decide all appeals and applications within 30 days after the public hearing. After a decision to deny, approve or approve with modifications is made, the Commission shall record its conclusion as part of the meeting minutes. To that end, the Commission has all the powers of the officer from whom the appeal is taken.

An appeal stays all proceedings in furtherance of the action appealed; unless, the officer from whom the appeals is taken certifies to the Commission, after the notice of appeal has been filed with him or her, that by reason of facts stated in the certificate a stay would, in his/her 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 Commission or by a circuit court on application and on notice to the officer from whom the appeal is taken, and on due cause shown.

E.

Review by Court of Record. Final administrative decisions of the Commission are subject to judicial review in accordance with 65 ILCS 5/11-13-13.

F.

Fee. A fee is required for this procedure. Refer to Section 8-5-12.

(Ord. 2012-012, 3-13-2012)

A.

Purpose. The purpose of this section is to specify the requirements and procedures for the review and approval of site plan applications. The provisions of this section are designed to ensure that all proposed land use and development activity complies with the requirements of this chapter. Specifically, this section requires that the initiation of all development activity (including building permits, zoning certificates, occupancy permits for a change of use, clear cutting, grading or filling) require the approval of site, building and operation plans by the Village before the building, occupancy, and zoning permits can be issued.

B.

Procedure.

1.

Initiation of Request for Approval of a Site Plan. Proceedings for approval of a site plan shall be initiated by the owner(s) of the property or their legally authorized representative(s).

2.

Pre-Application Meeting. The applicant may first meet with the Building Official, Village Engineer and other applicable Village staff to discuss preliminary concepts and plans for the development. Guidance will be provided to the applicant on technical requirements and procedures, and a timetable for project review may be discussed.

C.

Site Plan Review Application Submittal. The property owner or legally authorized representative shall submit the site plan application to the Village Clerk for review and approval by the Building Official and all other applicable Village staff. All information shall be submitted in both paper format and electronic format. A complete site plan submittal shall contain all of the following:

1.

Site Plan Requirements. Sealed drawings by a licensed engineer shall contain the following:

a.

A small location map shall be depicted on the site plan showing the subject property and illustrating its relationship to the nearest street intersection.

b.

A title block which indicates the name, address and phone/fax number(s) of the current property owners and/or agent(s) for the property, the street address and the name of the preparer.

c.

The date of the original plan and the latest date of revision to the plan.

d.

A north arrow and graphic scale that shall not be smaller than one inch equals 100 feet.

e.

A legal description of the property.

f.

Existing zoning district(s) and proposed zoning district(s) (if different).

g.

Comprehensive Plan map designation.

h.

Current land uses present on the subject property.

i.

Proposed land uses for the subject property, citing the section of the Zoning Ordinance that allows the proposed use in the zoning district.

j.

All property lines and existing and proposed right-of way lines with pins and dimensions clearly labeled.

k.

All existing and proposed easements lines and dimensions and explanation as to the ownership and purpose of said easements

l.

The building(s) shall be dimensioned relative to size and proximity to lot lines and adjacent structures and shall give basement or first floor grade elevations.

m.

All vehicular and personal access door locations shall be shown.

n.

All building setback lines.

o.

All existing and proposed buildings, structures and paved areas, including building entrances, walks, drives, decks, patios, fences, utilities, drainage facilities and walls.

p.

The location and dimension (cross-section and entry throat) of all access points onto public streets.

q.

Clearly state the method for computing parking requirements in order that it can be checked for accuracy and completeness. Show location and dimension of parking stalls, handicap stalls and all loading and service areas.

r.

Show the dimension of all parking lot setbacks.

s.

The location, dimension and layout of all off-street parking areas, loading areas, service areas, curbing and curb cuts.

t.

Show the location of all outdoor storage areas and trash receptacles and the design of all screening devices.

u.

The location and size of all water mains.

v.

The location of all fire hydrants relevant to the project site.

w.

The occupancy use and construction classification according to the current building and fire prevention code.

x.

The location of any sprinkler system-fire department connection to the building.

y.

The location, type, height, size and lighting off all signage on the property.

z.

Show the proposed location, type, height, illumination power and orientation of proposed lighting facilities, including the clear demonstration of compliance with Chapter 10.

aa.

The location and type of any permanently protected natural resource areas, floodways and 100 year floodplains, or certification that development is not within the floodplain limits.

bb.

Show, by use of a directional arrow, the proposed flow of storm drainage on the property.

cc.

The location of existing and proposed drainage facilities.

dd.

Show the location and landscape schedule of all landscaping, including grass, trees and shrubs.

ee.

A legend containing the following data:

(1)

Lot area

(2)

Floor area

(3)

Floor area ratio (Q.2/Q.1)

(4)

Impervious surface area

(5)

Impervious surface ratio (Q.4/Q.1)

(6)

Building height

2.

Landscaping Plan. A landscaping plan of the subject property shall be created using the same scale as the main site plan, showing the location of all required buffer yards and landscaping areas. The landscape plan shall demonstrate complete compliance with the requirements of Chapter 10.

3.

Grading and Erosion Control Plan. A grading and erosion control plan at the same scale as the main plan showing existing and proposed grades, including retention walls and related devices, and erosion control measures per the approval of the Village Engineer.

4.

Elevation Drawings. Elevation drawings of proposed buildings and/or any exterior remodeling showing the finished exterior treatment shall be submitted, with adequate labels provided to clearly depict that exterior materials, texture, color and overall appearance are in compliance with Chapter 10. Perspective renderings of the proposed project and/or photos of similar structures may be submitted, but not in lieu of adequate drawings showing the actual intended appearance of the buildings. Elevation drawings are not required when no new buildings or remodeling are proposed.

5.

Time Limitations. If no building permit is issued for this site within one year from the date of site plan approval by the Building Official, the site plan shall be and become null and void.

6.

Approval or Denial. The Building Official shall have the right to deny any site plan submittal if it is determined to not be in full compliance with the Villages governing codes and ordinances.

(Ord. 2012-012, 3-13-2012)

A.

Fees for Procedures Requested by a Private Party. The fees for the procedures and permits established by this chapter shall be established by resolution or ordinance of the Village Board of the Village of Poplar Grove. Applicable fees existing prior to the date of this chapter shall remain applicable until altered or repealed.

B.

Fees for Procedures Requested by the Village of Poplar Grove. There shall be no fee in the case of applications filed by or at the direction of the Village Board or the Planning and Zoning Commission, other agency, or official of the Village of Poplar Grove.

C.

Payment of Fees. Fees shall be payable at the time applications are filed with the Village Clerk (per the requirements of this chapter), and are not refundable.

D.

Reimbursable Costs. The Village may expend time in the investigation and processing of zoning procedures and site plan review. In addition to Village involvement, the Village may retain the services of professional consultants including, but not limited to engineers, landscape architects, architects, attorneys, environmental specialists, and recreation specialists in the administration, investigation and processing of such matters. Any person, firm or corporation requesting action by the Village on zoning procedures shall reimburse the Village for staff time expended in the administration, investigation and processing of applications for such permits or amendments and the cost to the Village charged by any professional consultant retained by the Village on any such matter. Notice shall be sent to the property owner or representative of the property owner informing them of the Village policy on reimbursement costs prior to the costs being incurred.

E.

Fees for Public Hearing Notification. Applicants for all zoning matters (special uses, variations, map amendments, etc.) shall pay all expenses incurred for notification of all public hearings and other notices; including, but not limited to, publication, first class mail, certified mail, etc.

(Ord. 2012-012, 3-13-2012)