The enforcing officer of this title shall be the village zoning officer. The zoning officer, and such deputy officers as he may appoint, with approval of the village board, shall:

   A.   Maintain permanent and current records of the ordinances, including, but not limited to, maps, amendments, special uses, variations, appeals and applications therefor.

   B.   Receive, file and forward to the village board for action all applications for special uses or petitions for amendments to this title.

   C.   Receive from any source applications for special uses or amendments which have been introduced in the village board, and transmit copies of same to the plan commission for review and recommendations.

   D.   Receive from the plan commission recommendations on all amendments and special uses, and transmit same to the village board, together with the recommendations of the building officer.

   E.   Receive and file copies of all applications for appeals, variations and other matters on which the board of appeals is required to pass under this title.

   F.   Provide such assistance as may be required by the board of appeals in the exercise of its duties.

The Building Officer and such building inspectors as he may appoint, with the approval of the Village Board shall:

   A.   Issue all building permits and forward records and copies thereof to the Zoning Officer.

   B.   Conduct inspections of buildings, structures and uses of land to determine compliance to the terms of this Title.

   C.   Issue all certificates of occupancy and forward records and copies thereof to the Zoning Officer.

   A.   Jurisdiction and Authority: The Board of Appeals, as appointed by the President and approved by the Board of Trustees 1 , is hereby invested with the following jurisdiction and authority.

      1.   To receive from the Village Board and to hear and decide appeals from any order, requirement, decision or determination made by the Zoning Officer under this Title.

      2.   To hear and make recommendations to the Village Board upon applications for variations from the terms provided in this Title, in the manner and subject to the standards set forth in this Chapter.

      3.   To hear and decide all matters referred to it or upon which it is required to pass under this Title.

   B.   Decisions:

      1.   All decisions and findings of the Board of Appeals on variations arrived at after hearing shall in all instances be referred to the Village Board with report and recommendations.

      2.   The Village Board, upon report of the Board of Appeals, without further public hearing, may adopt any proposed variation or may refer it back to the Board of Appeals for further consideration, and any proposed variation which fails to receive the approval of the Board of Appeals shall not be passed except by the favorable vote of two-thirds (2/3) of all members of the Village Board.

      3.   All decisions and findings of the Board of Appeals on appeals from the Building Officer shall in all instances be final administrative determinations.

   A.   Jurisdiction: The Plan Commission, as appointed by the President and approved by the Board of Trustees 1 , shall have the following duties under this Title:

      1.   To receive from the Village Board all applications for amendments or special uses, to make recommendations thereon, and to forward such recommendations to the Village Board.

      2.   To hold public hearings in matters pertaining to amendments or special uses, and to submit reports to the Village Board setting froth its findings and recommendations in the manner prescribed in this Chapter for amendments and special uses.

      3.   To initiate, direct and review, from time to time, studies of the provisions of this Title, and to make reports of its recommendations to the Village Board once a year.

      4.   The Plan Commission shall have such other and general powers as are conferred by 65 Illinois Compiled Statutes 5/11-12-5 2 and may further exercise such powers as were previously conferred upon it by ordinance prior to the effective date of the Illinois Municipal Code.

   A.   Zoning Certificates: No permit pertaining to the use of land or buildings shall be issued unless the Zoning Officer has certified after examination that it complies with all provisions of this title.

   B.   Occupancy Permits: No land shall be occupied or used and no building hereafter erected or structurally altered shall be occupied or used in whole or in part for any purpose whatsoever until a certificate shall have been issued by the Building Officer stating that the building and use of land complies with all the building and health laws and ordinances having jurisdiction thereover and with the provisions of this title. No change of use shall be made in any building or part thereof now or hereafter erected or structurally altered that is not permitted by the provisions of this title. Nothing in this chapter shall prevent the continuance of the present occupancy or lawful use of any existing building, except as may be necessary for safety of life and property. Certificates of occupancy shall be applied for not later than ten (10) days after the erection or alteration of such buildings have been completed. A record of all certificates shall be kept on file in the Office of the Building Officer, and copies shall be furnished on request to any persons having a proprietary or tenancy interest in the building affected. A fee of five dollars ($5.00) shall be charged for each certificate or copy thereof. (Ord. 190, 3-19-1973)

   A.   Purpose: The purpose of a variation is to relieve a particular hardship or practical difficulty that the regulations of this title may impose upon a property owner because of special or peculiar characteristics of the property that make compliance with this title difficult or impossible.

   B.   Standards: The Board of Appeals may recommend the approval only of the specific types of variations listed in subsection C of this section, and only when the Board of Appeals shall have made written findings of fact, based upon the evidence presented to it in each specific case, that the following standards are satisfied:

      1.   The property owner would suffer a demonstrable particular hardship or practical difficulty as distinguished from a mere inconvenience if the strict letter of the regulations of this title were carried out.

      2.   The requested variation is in harmony with the general purpose and intent of this title.

The Board of Appeals shall not find that the above standards have been satisfied unless it shall find that all of the following facts have been established by the evidence:

         a.   The requested variation will not be materially detrimental to the use, enjoyment or property values of adjoining or nearby properties; (Ord. 06-2-5, 2-21-2006)

         b.   The requested variation will not be materially detrimental to the public welfare, including the ecology of the Village, which is to be protected pursuant to the Village's Comprehensive Plan, the Riverwoods tree and woodland protection ordinance; (Ord. 06-2-5, 2-21-2006; amd. Ord. 18-03-05, 3-6-2018)

         c.   The plight of the property owner is due to conditions peculiar to the property arising from its particular physical surroundings, shape, woodlands, tree coverage, wetlands or other topographical conditions; (Ord. 06-2-5, 2-21-2006)

         d.   In the absence of the variation, the owner's removal or overcoming of the conditions peculiar to the property which impose the particular hardship or practical difficulty, if such action were possible, would be detrimental to promoting the goals set forth in the Village's Comprehensive Plan and the purposes of the Riverwoods tree and woodland protection ordinance; (Ord. 06-2-5, 2-21-2006; amd. Ord. 18-03-05, 3-6-2018)

         e.   The conditions upon which the specific petition for variation is based would not be applicable generally to other property within the same zoning district;

         f.   The alleged difficulty or hardship has not been created by any person presently having an interest in the property; and

         g.   The requested variation is limited to the minimum change necessary to alleviate the particular hardship or practical difficulty which affects the property.

   C.   Authorized Variations: The Village Board shall have the authority to grant a variation only of the following regulations of this title:

      1.   The yard and setback requirements of any district.

      2.   The use of a lot in a residential district for a single-family dwelling that otherwise would be prohibited solely because of the insufficient area of the lot. (Ord. 06-2-5, 2-21-2006)

An appeal may be taken to the board of appeals by any person, or by any officer of the village aggrieved by a decision of the zoning officer or the building officer of the village. Notice of appeal must be given within fifteen (15) days of the decision of such officer. (Ord. 190, 3-19-1973)

   A.   Authority: The regulations imposed and the districts created under the authority of this title may be amended from time to time by ordinance, but no such amendment shall be made without a public hearing before the Plan Commission, which shall report its findings and recommendations to the Village Board, except as otherwise stated herein.

   B.   Initiation Of Amendment: Amendments may be proposed by the Village Board, by the Plan Commission, or by any resident of, or owner of property in the Village.

   C.   Processing: Before the holding of public hearings by the Plan Commission on any amendment introduced to the Village Board, such amendment shall be forwarded by the Village Board to the Zoning Officer with a request for recommendations relative thereto by both the Plan Commission and the Zoning Officer. Upon receipt of such proposed amendment, the Zoning Officer shall transmit a copy of same to the Plan Commission, which shall make its recommendations relative thereto and shall forward same through the Zoning Officer to the Village Board. The Zoning Officer, in transmitting the recommendations of the Plan Commission to the Village Board, shall forward therewith either an indication of his concurrence with such recommendations or, in the event of disagreement with same, his own separate recommendations. (Ord. 190, 3-19-1973)

   A.   Purpose: The development and execution of a comprehensive zoning ordinance 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 locations 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 (2) categories:

      1.   Uses operated either by a public agency or publicly related utilities or uses traditionally affected with a public interest.

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

   B.   Authorization: Special uses shall be authorized by the Village Board; provided, that 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 the manner prescribed herein for amendments to this Title.

      2.   A public hearing is scheduled, and notice posted, and thereafter held by the Plan Commission, and its findings and recommendations are reported to the Village Board.

   C.   Application: Any application for special use shall be filed and processed in the manner prescribed for applications for amendments, and shall be of such form, accompanied by such information as shall be established from time to time, by the Plan Commission. The Zoning Officer shall process such applications in the manner prescribed for amendments to this Title.

   D.   Standards: No special use shall be granted by the Village Board unless the special use:

      1.   Is deemed beneficial for the public convenience at that location.

      2.   Is so designed, located and proposed to be operated that the public health, safety, morals and welfare and interest will be protected. (Ord. 190, 3-19-1973)

      3.   Will not cause substantial injury to the value of other property in the neighborhood in which it is located. (Ord. 190, 3-19-1973; amd. Ord. 269, 11-21-1977)

   E.   Conditions: The Plan Commission may recommend and the Village Board may provide such conditions and restrictions upon the construction, location and operation of a special use as may be deemed to promote the general objectives of this Title and to minimize injury to the value of property in the neighborhood. (Ord. 190, 3-19-1973)

   A.   Expenses; Fees: Any application for an amendment, special use or variation filed by, or on behalf of the owner or owners of the property affected shall be submitted in quadruplicate and shall be accompanied by a fee of two hundred dollars ($200.00), to be deposited with the village clerk, and said fee shall be applied to the general village fund. In addition, the applicant shall pay to the village all expenses incurred by the village in connection with the processing and procedures followed pursuant to said application, including attorney fees. (Per correspondence dated 2-24-1993)

   B.   Signs: In addition to all other notices required by law, the applicant for public hearing shall, not less than fifteen (15) days prior to the date before the public hearing post a readable sign(s) on the adjacent roadway(s). Said signs must be removed no later than ten (10) days after the completion of the final public hearing.

The signs required by this subsection B shall contain the current zoning action requested, date, time and place where said hearing shall be held, a statement that further information can be obtained from the petitioner who shall be identified on the signs and the village clerk, and the telephone number of the village and that of the petitioner. The words "NOTICE OF PUBLIC HEARING" must appear at the top of the sign using letters four inches (4") or more in height. The letters for the date and time of the hearing shall also be four inches (4") or more in height. Letters shall be black on a white background. The signs shall meet all other requirements set forth by the village. All costs associated with the hearing signs are to be borne by the petitioner. The signs shall measure approximately sixty inches (60") in height and forty inches (40") in width. The sign shall be placed approximately ten feet (10') from the right of way line of the street abutting the front yard. (Ord. 98-2-3, 2-3-1998)

   C.   Written Notification: In all applications for a special use, variation, or waiver requiring notice in the manner of special uses, the petitioners shall notify, in writing, by certified mail, return receipt requested, or hand delivery, all property owners within a three hundred foot (300') radius of the boundaries of the subject property, inclusive of streets and rights of way (or such larger radius as would be needed to ensure that not less than 2 adjoining properties in any direction receive notice), not less than fifteen (15) days or more than thirty (30) days in advance of the scheduled public hearing date. The mailing of notice, addressed to the name and address on the most recent county real estate tax records, shall be deemed a satisfaction of this notice requirement. The failure of delivery of such notice, however, shall not invalidate the public hearing. The required written mail notice shall contain, at a minimum, the following information:

      1.   The street address, legal description or detailed location description of the property, if any, that is the subject of the application;

      2.   A statement describing the relief requested;

      3.   The name and address of the applicant;

      4.   The name and address of the legal owner, and beneficial owner if any, of the property;

      5.   The meeting date, time and location; and

      6.   A statement giving instructions as to how further information can be obtained from the petitioner.

Subsequent notices (whether by publication, mailing or otherwise) are not required for continuances of a hearing, if any. (Ord. 15-08-14, 8-4-2015)

   D.   Compliance: The applicant shall furnish at the time of hearing a written statement certifying that he has complied with the requirements of this section. No hearing shall commence until said certification has been filed with the hearing body. (Ord. 98-2-3, 2-3-1998; amd. Ord. 15-08-14, 8-4-2015)

It shall be unlawful to use or occupy any building, structure or premises in violation of the terms of this title. Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any provision of this title shall be fined not less than twenty five dollars ($25.00) nor more than two hundred dollars ($200.00) for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 190, 3-19-1973)

   A.   Purpose: The unique and substantially different character of residential planned unit developments require their administrative processing as a "special use" in this title. Residential planned unit developments are more complex and of a different character than other special uses, requiring the establishment herein of specific and additional procedures, standards and exceptions to govern the recommendations of the village board. The purpose of the residential planned unit development is to encourage and allow more creative and imaginative design for land developments than is possible under conventional district zoning regulations. The residential planned unit development also provides for more efficient use of the land, and thus results in more economical land development. Preservation of natural site qualities, better amenities, more open space, and a high quality project are the normal results of the planned unit development process.

The following objectives may be obtained through the use of the residential planned unit development procedure:

      1.   To permit a greater choice in types of environment available to the public by allowing a development that would not be possible under the strict application of the other sections of this title.

      2.   To promote a creative approach to the use of land and related physical facilities that results in better design and development, with the inclusion of aesthetic amenities.

      3.   To combine and coordinate architectural styles, landscape design, building forms and building relationships with a possible mixing of different uses in an innovative design.

      4.   To enhance the appearance of neighborhoods through the provision of underground utilities, and the preservation of natural vegetation, topographic and geological features and environmentally appropriate features.

      5.   To provide for the prevention and/or control of soil erosion, surface flooding and the preservation of subsurface water.

      6.   To create a method for the preservation of common open space for the continuous use and enjoyment of the residents and users of the development.

      7.   To provide for more usable and suitably located recreational facilities, schools and other public and private facilities.

      8.   To promote the more efficient use of the land resulting in more economic networks of utilities, circulation and other facilities.

      9.   To create a method for the permanent preservation of architectural, natural and/or historic landmarks.

      10.   To encourage land use which promotes the public health, safety, comfort, morals and welfare.

   B.   Minimum Area: A minimum site of one hundred twenty five (125) acres shall be required for all residential planned unit developments.

   C.   Uses Allowed: The uses which may be permitted under a residential planned unit development include those listed as permanent uses or special uses in the underlying district(s).

   D.   Density: The density of a residential planned unit development shall not exceed the amount or number of dwelling units allowed under the requirements of the underlying zoning district. Except, density bonuses may be granted for the presence of exceptional design features in a Residential Planned Unit Development. The eligible design features are:

      1.   Adjacent Major Roads: Where the development is abutting one or more of the following major roads: Lake-Cook Road, Milwaukee Road or Saunders Road (south of Deerfield Road), an increase of up to forty percent (40%).

      2.   Adjacent Permanent Open Space: Where the development is adjacent directly to permanently reserved open areas of green space in contiguous tracts exceeding five hundred (500) aggregate acres, an increase up to twenty five percent (25%) of the base residential density may be granted.

      3.   Excellence in Site Planning: Where the project site plan exhibits exceptional adherence to the purposes and objectives of this Chapter, an increase of up to fifty percent (50%) of the base residential density may be granted. In addition to the standards found in Section 10-9-8 of this Chapter, the following standards shall be used to measure site plans for excellence:

         a.   The natural topographic and landscape features of the site shall be incorporated into the development wherever possible.

         b.   The site shall not be so overcrowded as to cause unbalanced relationships of building to open space. Additional landscaped areas beyond the minimum required shall be encouraged, preferably exhibiting continuity throughout the development.

         c.   Open space areas shall not be unduly isolated from one another by unrelated obstructions such as buildings and paved vehicular areas, but rather, shall be linked by open space corridors of reasonable width.

         d.   Buildings shall be sited in an orderly fashion in sympathy with the natural features of the site. Excessively long unbroken building facades shall be avoided.

         e.   The floor plans of residential units shall have proper orientation, access and view to adjacent private and public open space.

         f.   Through traffic shall be discouraged and the intrusion of automobiles into the privacy of residential environments shall be minimized while maintaining the convenience of access between the units and parking areas.

         g.   Adequate building setbacks, open spaces and landscaped buffers shall be provided around the perimeter of the property.

      4.   Neighborhood Facilities: When an appropriate and adequate neighborhood facility, such as a swimming pool, tennis courts or gymnasium/health club, is constructed and made available to the residents of the development an increase of up to ten percent (10%) in the base residential density may be granted.

      5.   Public Facilities: Where an appropriate and adequate public facility or facilities, such as a library, community center, day care facility, park, school, fire station, utilities or storm water management system serving the community as a whole, or a part thereof beyond the subject site, is (are) constructed in a manner acceptable to the suitable operating agency, an increase of up to twenty five percent (25%) in the base residential density may be granted. Where only the land for such a facility is dedicated to the public, an increase of up to fifteen percent (15%) in the base residential density may be granted.

Bonuses may be added together if more than one is present. However, the maximum permitted residential bonus shall be 1.0 times the maximum number of legal, standard lots that can be subdivided on the property pursuant to the underlying zoning district as calculated by multiplying 1.0 times the gross square feet of the property, less rights of way currently utilized for state or county roads and less five percent (5%) of the remaining gross area for local collector roads, divided by the minimum lot size permitted in the zoning district. The density bonuses granted herein are discretionary on the part of the Village. Bonuses less than the maximum for the design features specified above may be granted.

   E.   Modifications:

      1.   Except as noted below, the yard, lot area, lot width, lot shape, lot coverage, height and dwelling size requirements and the limits on combinations of principal structures and uses may be modified under a Residential Planned Unit Development, subject to the standards set forth in subsection G.

      2.   The required yards along the periphery of the Residential Planned Unit Development shall be at least equal in width or depth to those of the directly adjacent zoning district(s), not counting districts removed by the presence of an intervening publicly dedicated street right of way.

      3.   Requirements regarding any improvements covered under the Riverwoods Subdivision Ordinance, including sidewalks, streets, curbs, gutters, sanitary sewers, storm sewers, water lighting, landscaping, parking and retention/detention facilities shall be modified only as specifically provided for in the special use ordinance authorizing the Residential Planned Unit Development.

   F.   Procedures: A Residential Planned Unit Development shall be reviewed as a "special use" in accordance with the procedures and standards of this Section, and shall be processed in three stages as set forth below. Additional requirements regarding the processing of applications, including public hearing procedures and the requirements for the recording of plats shall be set forth in various administrative procedure documents, as amended from time to time. Fees shall be set by the Village Board, and a list of such shall be kept on file in the office of the Village Clerk.

      1.   The Applicant: The application for a RPUD shall be either all of the owners of record of the property which comprises the RPUD or the contract purchaser, with consent of all owners, provided:

         a.   That the application shall be submitted in the name of the owners of record, and

         b.   That the party petitioning for the RPUD shall disclose his interest in the property, such as an equitable interest via a purchase contract for all or a portion of the property in question.

      2.   Pre-Application Conference:

         a.   A request for a pre-application conference shall be made in writing to the Village. At least two (2) weeks prior to the conference, the applicant shall provide written or graphic information as to the location, size and uses in the proposed development and a list of all requested modifications to the Subdivision Code and Zoning Ordinance. Prior to the conference, a Technical Committee selected by the Mayor and approved by the Board of Trustees, will review the proposal for its compatibility with the Comprehensive Plan and the general planning policies and precedents of the Village.

         b.   At the conference, the Technical Committee will inform the applicant of the results of the preliminary review and of the information, materials and documentation that must be submitted for a formal application.

         c.   Within two (2) weeks after the conference, the Technical Committee will submit a written report to the Board of Trustees who will review the report and either direct the applicant to proceed with his formal application or refer it back to the Technical Committee for further study and action.

         d.   A fee of one hundred dollars ($100.00) must be paid to the Village by the applicant at the time of the initial pre- application conference.

      3.   Preliminary Site Plan:

         a.   Upon completion of the pre-application procedure, the applicant may then make formal application to the Village Board requesting a special use permit for a planned unit development on forms provided by the Village, and including copies of a preliminary site plan containing the information required in subsection 9-11-12H. This preliminary site plan shall be the subject of a public hearing before the Plan Commission, as regulated in Section 9-11-9, Special Uses.

         b.   The Village Clerk shall forward one copy of the Preliminary Site Plan and special use permit documents to each of the following persons within five (5) working days of receipt thereof from the applicant: Village President and Trustees, all members of the Plan Commission, the Village Engineer, the Village Planner and the Village Attorney. The balance of the copies of the documents shall be held on file by the Village Clerk for use by other public officials as may be required.

         c.   The Plan Commission shall, within sixty (60) days of the filing, conduct a public hearing on the special use permit applicant in accordance with applicable statutes.

         d.   Within a reasonable amount of time, usually within forty five (45) days after the adjournment of the public hearing, the Plan Commission shall submit in writing its finding of facts and recommendations to the Village Board and the applicant, based on the standards set forth in subsection 9-11-12G.

         e.   The Board of Trustees shall approve, approve with conditions and modifications or reject the Preliminary Site Plan within a reasonable amount of time, usually within sixty (60) days after its next regular meeting following the receipt of the written recommendation of the Plan Commission.

            (1)   If the Preliminary Site Plan is not approved, the Village Board may state in writing the reasons for the decision and such writing, if prepared, shall be filed with the Village Clerk, and a copy shall be sent to the applicant.

            (2)   If the Preliminary Site Plan is approved or approved with conditions and modifications, the Village Board shall authorize the applicant to submit a Final Development Plan for the Planned Unit Development.

      4.   Final Development Plan:

         a.   Within one year following the approval of the Preliminary Site Plan, the applicant shall file with the Village a Final Development Plan for at least thirty three percent (33%) of the subject site containing, in final form, the information required in the Preliminary Site Plan and additional information as required in subsection 9-11-12I. Within three (3) years following the approval of the Preliminary Site Plan, the applicant shall have filed with the Village a Final Development Plan for all portions of the subject site.

         b.   The Plan Commission shall review each Final Development Plan with regard to its conformance to the approved Preliminary Site Plan and to the Final Development Plan requirements, and shall submit its report and recommendations to the Village Board, usually within forty five (45) days.

         c.   The Village Board, after receipt of the report and recommendations of the Plan Commission shall review each Final Development Plan, and if it is determined to be in substantial conformance with the approved Preliminary Site Plan and in conformance with the Final Development Plan requirements, will authorize by Ordinance the issuance of a special use permit.

If any Final Development Plan is held to be not in substantial conformance with the Preliminary Site Plan or in conformance with the Final Development Plan requirements, the Village Board shall inform the applicant of the specific areas found deficient. The applicant may request from the Village Board an extension of time to bring each Final Development Plan into conformance and to complete the requirements, or may request a new public hearing under the procedures established for approval of a Preliminary Site Plan.

         d.   Once the special use permit is issued, the Village Clerk shall amend the official zoning map of the Village to show the approved underlying zoning district, the number of the ordinance approving the special use permit.

   G.   Standards: Modifications in conventional zoning and subdivision regulations are privileges and will be considered by the Village Board only in direct response to the accrual of tangible benefits from the Residential Planned Unit Development to the Village or the neighborhood in which it would be located. These benefits shall be in the form of exceptional amenities; outstanding environmental, landscape, architectural or site design; or the conservation of special man-made or natural features of the site. In reviewing an application for a Residential Planned Unit Development, the Village Board will be required to make certain findings based on the standards below:

      1.   Required Findings: No applicant for a Residential Planned Unit Development shall be approved unless all of the following findings are made about the proposal:

         a.   Comprehensive Plan: It shall conform with the Comprehensive Plan and the general planning policies and precedents of the Village, particularly with reference to the following:

            (1)   Land use policies.

            (2)   Land use intensity.

            (3)   Housing goals.

            (4)   Traffic impact and parking.

            (5)   Impact on schools, public utilities and facilities.

            (6)   The character of the Village and the specific neighborhood.

            (7)   The conservation and enhancement of the tax base and economic well-being of the Village.

         b.   Permitted Uses: Each of the proposed uses is a permitted or special use in the district or districts in which the Residential Planned Unit Development would be located.

         c.   Public Welfare: It shall be so designed, located and proposed to be operated and maintained that the public health, safety and welfare will not be endangered or detrimentally affected.

         d.   Impact on Other Property: It shall not substantially lessen or impede the suitability for permitted use and development of, or be injurious to the use and enjoyment of, or substantially diminish or impair the value of, or be incompatible with, other property in the immediate vicinity.

         e.   Impact on Public Facilities and Resources: It shall not create an adverse impact on municipal facilities, parks and recreation, schools, fire and police protection, or the resources to support them.

         f.   Infrastructure: It shall have or make provision for adequate utilities, drainage and other necessary facilities.

         g.   Parking and Traffic: It shall have or make adequate provision for parking and ingress and egress and be so designed as to minimize traffic congestion and hazards in the public streets.

         h.   Adequate Buffering: It shall have adequate site area, which area may be greater than the minimum in the district in which the proposed site is located, and other buffering features to protect uses within the development and on surrounding properties.

         i.   Performance: There shall be reasonable assurance that if authorized, it will be completed according to schedule and adequately maintained.

      2.   Modification Standards: In addition to the findings required above, the following standards shall be utilized by the Village in considering applications.

         a.   Integrated Design: A Residential Planned Unit Development shall be laid out and developed as a unit in accordance with an integrated overall design. This design shall provide for safe, efficient, convenient and harmonious grouping of structures, uses and facilities, and for appropriate relation of space inside and outside buildings to intended uses and structural features.

         b.   Beneficial Common Open Space: Any common open space in the development shall be integrated into the overall design. Such spaces shall have a direct functional or visual relationship to the main buildings and not be of isolated or leftover character.

         c.   Functional and Mechanical Features: Exposed storage areas, trash and garbage retainers, exposed machinery installation, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures shall be accounted for in the design of the project and made as unobtrusive as possible. They shall be subject to such setbacks, special planting or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties.

         d.   Visual and Acoustical Privacy: The development shall provide reasonable visual and acoustical privacy for each dwelling unit. Fences, insulations, walks, barriers and landscaping shall be used as appropriate for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectional views or uses and reduction of noises.

         e.   Ownership Plan: The development may consist of conventionally subdivided lots to be sold, unsubdivided single ownership, separate condominium ownership of structures, or other ownership methods, provided that the ownership plan ensures the continued maintenance of the properties and of the various amenities and conservation and design features of the Residential Planned Unit Development as a whole.

         f.   Energy Efficient Design: A Residential Planned Unit Development shall be designed with consideration given to various methods of site design and building location, architectural design of individual structures and landscaping design capable of reducing energy consumption within the development. Design features or facilities which utilize solar or wind energy, or which effectively reduce consumption or use of water, motor vehicles' nonrenewable energy sources or sewage treatment facilities will be encouraged to the extent to which they conform with the other objectives of this Title.

         g.   Landscape Conservation and Visual Enhancement: The landscape in a Residential Planned Unit Development shall be conserved and enhanced, insofar as practical, by minimizing tree and soil removal, and the conservation of special landscape features such as streams, ponds, groves and land forms. The addition or use of trees, shrubs, flowers, fountains, ponds, special paving materials, benches and seating areas, special lighting fixtures and other amenities will be encouraged to the extent of their appropriateness and usefulness to the development and the likelihood of their continued maintenance.

         h.   Drives, Parking and Circulation: Principal vehicular access shall be from major streets, and access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to location and number of access points, general interior circulation, separation of pedestrian and vehicular traffic, adequate provision for service by emergency vehicles and arrangement of parking areas that are safe and convenient, and insofar as practicable, do not detract from the design of proposed buildings and structures and the neighboring properties.

         i.   Relationship to Public Facilities and Utilities: The development shall be so designed as to have access to such facilities and utilities in the same degree as would development under existing zoning, and shall be so located, designed and scaled that access of public services is equivalent to, and net costs for such services is not greater than, access and net costs for public services for development as permitted under existing zoning.

         j.   Surface Water Drainage: Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic.

   H.   Preliminary Site Plan: The following items constitute the minimum requirements for the contents of a Preliminary Site Plan, unless waived by the Village Board. The applicant should feel free to supplement the list with whatever materials deemed appropriate to illustrate compliance with the regulations and intent of this section.

Maps which shall be included as part of the application shall be drawn at a scale of one hundred feet to one inch (100'=1") or, if the area of the site is more than two hundred (200) acres, two hundred feet to one inch (200'=1"). All maps shall be dated and include a scale and north point.

      1.   A legal description of the site.

      2.   A boundary line survey of the site prepared and certified by a registered land surveyor, showing the dimensions of the property's boundaries and all existing rights of way adjacent to the property.

      3.   Existing and proposed topography of the land with contours shown at intervals no greater than two feet (2'). Topographic data shall refer to the U.S.G.S. North American Datum--Mean Sea Level Elevation.

      4.   Existing and proposed landscape features including significant tree groupings, isolated preservable trees six inches (6") or more in diameter at one foot (1') above ground level, scenic views and other natural features such as lakes, ponds, waterways, wetlands, floodplains, etc.

      5.   Existing zoning and land uses on and adjacent to the site.

      6.   Village, school district and park district boundary lines on or adjacent to the site.

      7.   Locations and dimensions of all existing and proposed structures, building heights, number of stories, gross floor areas, floor area ratios and entrances.

      8.   All proposed uses including statistical tabulation of the acreage amounts of all uses, the number, size and the type of dwelling units in all structures, and the dwelling unit density.

      9.   Locations and dimensions of all existing and proposed streets, curb cuts, aisles, bicycle paths and walkways, the number and location of all parking spaces and loading areas and the names of all streets. If the exact use of the site is not known at the time of a site plan submittal, parking and loading requirements shall be calculated for the general use having the greatest parking and loading requirements.

      10.   All areas to be dedicated as common open space, designated for easements, and all sites to be conveyed, dedicated or reserved for parks, playgrounds, school sites, public buildings and similar public and quasi-public uses, together with the proposed plan for the permanent maintenance of such common open space areas.

      11.   A utility concept plan, including the location of all existing sanitary sewer, storm sewer and water lines on the site and on property immediately adjacent to the site. Similar information shall be provided for gas, electric, telephone and cable television utilities. The utility concept plan shall be accompanied by a statement from the Village Engineer attesting to the capability of existing systems to service the proposed development.

      12.   A storm water drainage plan, identifying portions of the site in the flood plain or in flood plain fringe areas, the existing and proposed flow and storm drainage, and the location of drainage ditches, culverts, standing water and proposed detention/retention facilities.

      13.   A plan for wetland delineation, preservation, enhancement or mitigation.

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

      15.   Location, height and material for all screening walls and fences, the location and direction of proposed lighting facilities and the location and dimensions of each outdoor trash storage area.

      16.   A detailed listing of all requested modifications to zoning and subdivision requirements, and the reasons why such modifications are deemed to be in the public interest.

      17.   Other information requested by the Plan Commission or the Village Board necessary to reasonably clarify the proposal and its impact or economic feasibility. Such information may include but not be limited to any of the following:

         a.   A traffic study by a qualified traffic engineer indicating the volume of traffic to be generated by the Residential Planned Unit Development and proposing any special engineering design features and/or traffic regulation devices needed to ensure the proper safety of traffic circulation to, through and around the Residential Planned Unit Development or any phase of it.

         b.   Tax and school impact study detailing the impact the Residential Planned Unit Development will have on all taxing bodies. In addition, the expected number of students to be generated by any residential portion of the Residential Planned Unit Development shall also be quantified, and estimates made, as to the projected revenues and expenditures by the Village attributable to the development.

         c.   A conceptual landscaping planting plan, indicating the height, size, location, quantities and variety of plant materials.

         d.   An analysis of the marketability of proposed sale or rental properties or of the demand for proposed services or uses.

   I.   Final Development Plan:

      1.   Contents: Each Final Development Plan shall include the following:

         a.   All of the information required for the approved Preliminary Site Plan, updated and in final form.

         b.   A Preliminary Subdivision Plat or, at the applicant's option, a Final Subdivision Plat of all subdivided lands in the same form and meeting all requirements of the Riverwoods Subdivision Control Ordinance, to the extent that compliance with the subdivision regulation of the Village shall be required by the Village Board of Trustees.

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

         d.   Certificates, seals and signatures required for the dedication of land and recording of the document.

         e.   A copy of the formal agreement with a public agency or private association for the ownership and maintenance of the common open space and drainageways.

         f.   A restrictive covenant in a form acceptable to the Village Attorney limiting development of, and construction upon, the tract as a whole to such development and construction as shall comply with the Final Development Plan and the special use permit granted by the Village Board, which document shall include a provision granting the Village a right to enforce the same.

         g.   Final Landscape Plan for all rights of way, common areas and conservation easements on builder lots, indicating the height, size, location, quantity and variety of all plant materials, and a suitable process for approval of landscape plans for dedicated conservation easements on custom lots.

         For purposes of this ordinance the following definitions apply:

            BUILDER LOTS: All lots which are controlled by the developer or home builder and for which the developer/or home builder will be responsible for coordinated construction and landscaping.

            CUSTOM LOTS: All lots which are controlled by individual private owners, on which homes and landscaping will be designed and constructed to suit the "custom" desires of the individual owner.

         h.   Final engineering drawings including the final utility plan.

         i.   Final architectural design development drawings, including plans, elevations and sections for all major structures on builder lots, and a suitable process for approval of architectural drawings for all major structures on custom lots.

         j.   Proof of all applicable approvals from State and County officials or from other agencies outside the Village having jurisdiction.

         k.   A schedule for construction of all phases of the development, including landscaping, utilities and site amenities indicating when each phase can be expected to begin and end.

      2.   Permitted Changes: Minor changes from the approved Preliminary Site Plan may be allowed in the Final Development Plan without a public hearing, provided such changes are determined to be minor by the Village Board after review and recommendation by the Plan Commission. A change shall not be considered minor if it includes any of the following:

         a.   A change in the use or character of the development.

         b.   An increase by more than one percent (1%) in the overall coverage of structures.

         c.   An increase in the density or intensity of use.

         d.   A relocation of any street, curb cut or intersection of more than ten feet (10') in a manner which would increase the problems of traffic circulation or public utilities, or which would cause a significant negative impact upon the buffer or open space scheme.

         e.   A reduction of more than one percent (1%) in approved open space.

         f.   A reduction in off-street parking and loading spaces.

         g.   A reduction in required pavement widths.

         h.   A change in the arrangement or location of principal structures or uses by more than ten feet (10').

         i.   A reduction in total storm water detention capacity or an increase in the design rate of storm water discharge from the site.

Changes in addition to or in excess of the limits described above shall be considered major changes and require submission of a new application which shall be processed and approved in the same manner as required for the original application.

   J.   Conditions of Development: After the approval of the Final Development Plan, the use of land and construction, modification or alteration of any buildings or structures within the Residential Planned Unit Development will be governed by the approved Final Development Plan and all applicable Village ordinances not specifically waived in the ordinance granting a special use for the Residential Planned Unit Development. In addition, the following conditions apply to the construction of a Residential Planned Unit Development:

      1.   Construction in accordance with the Final Development Plan shall commence within one year. Failure to commence within that period shall, unless an extension has been granted by the Board of Trustees according to subsection 9-11-12J2 below, automatically render null and void the final plan approval of the Residential Planned Unit Development Plan, all prior plan approvals upon which final plan approval depends, including all permits based on such approvals, and the special use permit for the Residential Planned Unit Development.

      2.   The Village Board may extend the time limit for the commencement of construction as follows:

         a.   If a delay, or anticipated delay, is caused by governmental action without fault on the part of the developer, an extension may be granted for a period not longer than the period of the governmental delay.

         b.   For good cause shown, an extension may be granted for such period of time as the Village Board deems appropriate but not exceeding twelve (12) months exclusive of extensions authorized under subsection 9-11-12J2a, above.

      3.   No permit shall be issued for any construction in a Residential Planned Unit Development, nor shall any use of the properties commence until the developer posts with the Village a sum in cash, negotiable securities surety bond or irrevocable letter of credit running to the Village in an amount sufficient to cover the full cost, including engineering, legal and inspection fees and costs, plus twenty five percent (25%) of such total, to ensure the satisfactory installation of all streets, sidewalks, curbs, gutters, sanitary sewers, storm sewers, water lighting, landscaping, parking, retention/detention areas and all other public improvements. The cost of the improvements shall be based on confirmed estimates approved by the Village Engineer and all guarantees except cash and negotiable securities shall be reviewed by the Village Attorney for conformance to Village ordinances. If a surety bond is submitted, it shall have good and sufficient surety thereon and shall not be accepted until approved by the President and Board of Trustees. If the Residential Planned Unit Development is to be constructed and developed in stages or phases, the deposit of cash or securities or the bond posted, shall be in an amount based upon the confirmed estimated cost of installation of improvements in the respective stage or phase as approved by the Village Engineer.

      4.   No changes shall be made in the approved Final Development Plan, except with the approval of the Village Board according to the same limitations and procedure set forth in subsection 9-11-12I2. Any approved changes must be recorded as amendments to the recorded copy of the Final Development Plan. If the approved change is related to any of the approved plans or drawings, amended plans or drawings must be filed with the Village and recorded. No changes may be made in the Final Development Plan unless they are required for the continued successful functioning of the Residential Planned Unit Development, or unless they are required by changes in conditions that have occurred since the Final Development Plan was approved or by changes in the development policy in the Village.

      5.   The Village Board may at any time request written reports on the progress and development of the proposed Residential Planned Unit Development. If the Village Board is satisfied that the permittee has abandoned the development of the Residential Planned Unit Development or failed to follow the Final Development Plan, it shall hold a public hearing for the purpose of considering the revocation of all permits issued and action taken herein. Written notice of said hearing shall be sent by certified mail (return receipt) to the permittee at the business address stated in the application for the Residential Planned Unit Development. If the Village Board finds that the permittee has abandoned the development of the proposed Residential Planned Unit Development or failed to follow the Final Development Plan, it may then revoke all permits issued and action taken herein.

      6.   Any building or structure within the Residential Planned Unit Development that is totally or substantially destroyed may be reconstructed only in compliance with the Final Development Plan unless an amendment to the Final Development Plan is approved following the procedures required for the original application.

   K.   Conditions and Guarantees: Prior to granting a special use permit for a Residential Planned Unit Development, the Plan Commission may recommend, and the Village Board stipulate by Ordinance, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the Residential Planned unit development as deemed necessary for the protection and requirements specified herein or as may be, from time to time, required. In all cases in which planned unit developments are approved, 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. (Ord. 93-1-3, 1-19-1993)

   L.   Expansion: If any land which has not been previously annexed to any municipality is contiguous to an existing residential planned unit development, then such land, upon its annexation to the village, shall be eligible to be classified as a part of the existing residential planned unit development. Except as provided in this section the procedures and standards for requesting classification as a part of an existing residential planned unit development shall be the same procedures and standards as govern any original request to be classified as a residential planned unit development. In particular, the required findings about the residential planned unit development to be made as provided in subsections G1 and G2 of this section shall be made by the village board about the proposal to classify the annexed land as part of the residential planned unit development. All other provisions of this section shall apply to such proposal, except as modified or supplemented in accordance with the following guidelines:

      1.   The annexed land shall abut Saunders Road (south of Deerfield Road) and be contiguous to an existing residential planned unit development but shall not otherwise be required to satisfy a minimum area requirement under subsection B of this section;

      2.   The applicant submitting its application for the annexed land to be classified as part of the existing residential planned unit development shall be deemed to have filed an application to amend the special use previously granted for the existing residential planned unit development;

      3.   The density bonus which may be granted above the base residential density, due to the fact that the annexed land abuts Saunders Road (south of Deerfield Road), may be increased up to eighty five percent (85%) above the base residential density under subsection D of this section; and the maximum permitted residential bonus shall be 1.35 times the maximum number of legal, standard lots that can be subdivided on the annexed land pursuant to the underlying zoning district when calculated under subsection D of this section, but the density bonus increase for abutting Saunders Road and the maximum permitted residential bonus described above shall apply solely to the annexed land and shall not otherwise change or modify in any respect the density bonuses and maximum residential density previously permitted to the existing residential planned unit development; and

      4.   The declaration of covenants, conditions, restrictions and easements or instruments of like import which establish a governing body, such as a homeowners' association, to supervise shared maintenance, repair and replacement of common open spaces or facilities and to enforce architectural and use restrictions in an existing residential planned unit development shall be extended against the annexed land as follows:

         a.   The description of the property subjected to the terms of the original declaration shall be amended to include the description of the annexed land, so that the owners from time to time of the annexed land shall become members of the association, granted the privileges and benefits of such membership and required to assume the duties and liabilities of such membership, at such time and with such changes as may be agreed upon by the village board; or

         b.   An amendment to the aforementioned original declaration shall be recorded against the annexed land as a covenant running with the land and containing in substance all of the terms, conditions and restrictions set forth in the original declaration for the existing residential planned unit development, with such changes as may be agreed upon by the village board.

      5.   The village board, upon receipt of the report of the plan commission shall review the final development plan of the applicant, and if it is determined to be in substantial conformance with the approved preliminary site plan and in conformance with the final development plan requirements, will authorize by ordinance an amendment to the special use permit for the existing residential planned unit development. (Ord. 00-8-15, 8-1-2000)

   A.   A special use may be granted for a social service center when listed as a special use in the applicable district regulations. A "social service center" means a nonresidential facility in which social, cultural, athletic and educational and similar community based services (as opposed to home based services) are provided by the trained staff of a private membership organization to members who are persons with developmental disabilities, which disabilities are expected to continue indefinitely, constitute a substantial handicap and are primarily attributable to intellectual disability or other condition which results in similar impairment. A social service center shall not be operated for the purpose of providing alcohol or substance abuse treatment services or rehabilitation services to juvenile delinquents or persons convicted of criminal offenses or confined under the terms of any parole order. A social service center shall not be operated to provide services to persons who are determined to have "severe autism", "severe mental illness" involving mental disorders other than mental retardation or "severe or profound mental retardation", as such terms are defined in the home-based support services law for mentally disabled adults, 405 Illinois Compiled Statutes 80/2-1 et seq., and the family assistance law for mentally disabled children, 405 Illinois Compiled Statutes 80/3-1 et seq. Before granting a special use for a social service center, the board of trustees shall find that the proposed development satisfies the criteria set forth below: (Ord. 98-12-41, 12-15-1998; amd. Ord. 15-02-04, 2-3-2015)

      1.   The site has frontage on, and is accessed from, one of the following major roads: Lake Cook Road, Milwaukee Avenue, or the portion of Saunders Road which is south of Deerfield Road.

      2.   The site area for the social service center is at least three and one-half (31/2) acres. The site is to be consolidated as a single lot of record under the village's subdivision control ordinance. The orientation of the buildings on the site minimize the visual impact on any adjacent residential areas. All building setbacks, at a minimum, must conform to the requirements of the R-1 42,000 square feet single-family residential district.

      3.   For purposes of this section, the terms "floor area ratio" or "FAR" and "impervious surface ratio" or "ISR" shall have the same meaning as given in subsection 9-5C-3C of this title; and the term "building height" shall have the same meaning as given in section 9-2-3 of this title. The FAR, ISR and building height restrictions applicable to a special use for a social service center are:

 

 

      4.   The natural topographic and landscape features of the site are preserved and incorporated into the development, wherever possible.

      5.   Landscaped buffers with shrubs and trees are provided around the perimeter of the property, preferably exhibiting continuity throughout the development, to provide a high level of screening and minimize the visual impact on any adjacent properties, particularly residential areas.

      6.   Stormwater detention facilities are designed as a visual amenity for the project, wherever possible.

      7.   The building facade design minimizes the total building bulk, and the exterior elevations of the buildings require the use of higher grade finishes, primarily masonry, granite, marble or stone walls, and pitched or mansard roofs where feasible and demonstrate an architecturally harmonious development throughout the entire site which harmonizes well with any adjacent residential areas. No vinyl siding shall be permitted. (Ord. 98-12-41, 12-15-1998)

      8.   If located in or adjoining a residential district, lighting standards on the property shall conform to the requirements of the residential outdoor lighting ordinance (title 5, chapter 6 of this code). (Ord. 15-02-04, 2-3-2015)

      9.   Perimeter fencing and pedestrian access substantially conform to the recommendation of the plan commission.

   B.   A special use application for a social service center in the R-1 42,000 square feet single-family residential district shall be made to the plan commission, in accordance with sections 9-11-9 and 9-11-10 of this title. The application shall include a preliminary site plan containing the information required by the subdivision control ordinance. The application shall also contain any other information requested by the plan commission or the village board necessary to reasonably clarify the proposal and its impact or economic feasibility. Such information may include, but not be limited to, any of the following:

      1.   A traffic study by a qualified traffic engineer indicating the volume of traffic to be generated by the social service center and proposing any special engineering design features and/or traffic regulation devices needed to ensure the proper safety of traffic circulation to, through and around the site.

      2.   A conceptual landscaping planting plan, indicating the height, size, location, quantities and variety of plant materials.

      3.   An analysis of the marketability of the demand for proposed services or uses.

      4.   Architectural drawings, elevations and renderings depicting the design features of the development and a specifications list for materials and finishes. (Ord. 98-12-41, 12-15-1998)

In addition, the applicant for a social service center shall have the burden of showing that the proposed development complies with the definitions, regulations and standards contained in sections 10-1-5, 10-1-9, subsections 10-2-3-6H and I, sections 10-5-3, 10-5-4, 10-5-5, 10-5-6, 10-5-7, 10-5-8, 10-5-9, 10-5-12, 10-5-13, 10-5-15, 10-5-16 and 10-5-17 of this code, unless and to the extent such provisions are waived by the building officer and zoning officer. All references contained in the foregoing sections of the subdivision control ordinance to the "subdivision" shall be deemed references to the proposed social service center; references to the "subdivider" shall be deemed references to the applicant for the special use. For a social service center located in the R-1 42,000 square feet single-family residential district, the board of trustees may modify: 1) the standards otherwise required in such district for off street parking and loading, buildings per lot, natural areas and landscaping, access, permitted signage, accessory buildings, and building and parking setbacks, and 2) the FAR and ISR standards set forth in subsection A3 of this section. Such modifications, if approved in the ordinance granting the special use for a social service center, may enhance or reduce the foregoing standards as deemed necessary by the board in order that the special use will satisfy the requirements of subsection 9-11-9D of this chapter. To the extent the regulations of the R-1 42,000 square feet single-family residential district are modified by the ordinance authorizing a special use for a social service center, the applicant shall not be required to obtain a variance from the zoning board of appeals. (Ord. 98-12-41, 12-15-1998; amd. Ord. 15-02-04, 2-3-2015)

   C.   The plan commission shall forward its report and recommendations to the village board of trustees. The village board, after receipt of the report and recommendations of the plan commission shall review the special use application and supporting materials and make its findings with respect to the criteria set forth in subsection A of this section. The village board may condition granting the special use upon compliance with the specific elements of "project documents" to be referenced in the ordinance approving the special use, including a final site plan, landscaping plan, stormwater management plan, elevation drawings and similar project documents and upon completion of the proposed improvements within a specified period of time. Failure to commence within that time period, unless an extension has previously been granted by the village board, shall entitle the village board to adopt an ordinance repealing the special use permit. If the village board votes to approve the special use, the village clerk shall amend the official zoning map of the village to show the approved underlying zoning district and the number of the ordinance approving the special use; after such approval, the use of land and construction, modification or alteration of any buildings or structures thereon will be governed by the controlling project documents and all applicable village ordinances not specifically waived in the ordinance approving the special use. (Ord. 98-12-41, 12-15-1998)

Before granting a special use for a transitional residence, the board of trustees shall find that the proposed special use satisfies the standards set forth below (in addition to the general standards for special uses set forth in Section 9-11-9 of this title):

   A.   Required Approvals. No transitional residence shall be established without the prior licensing, certification or other approval of every public agency charged with the regulation or supervision of any facet of the activity of the proposed facility. Every application for a special permit for a transitional residence shall set forth each agency that must approve the establishment or operation of the facility and shall be accompanied by a formal acknowledgment of approval from each such agency, when required. In the event any such approval has been delayed, the application shall set forth the status of each such application, and shall state any facts known to the applicant that might have contributed to the delay of any required approval that has not been obtained as of the time of the filing of the application for a special permit. Any transitional residence not required to be licensed or certified by the State of Illinois shall comply with the licensing and background investigation requirements of Title 89 Illinois Administrative Code 385 et al. (Illinois Administrative Code Title 89, Chapter 111, Subchapter D, Part 385 Background Checks).

   B.   Code and Parking Compliance. Overnight parking (when not in an enclosed garage) must be located outside of any required yard and effectively screened from neighbors during all seasons. Noise and light glare to neighboring properties must be minimized when locating parking areas.

   C.   Supervision. A transitional residence shall provide qualified and experienced supervisory personnel in sufficient numbers and during sufficient and appropriate hours of the day and night to meet all standards of any agency responsible for the licensing or regulation of the transitional residence and such additional service as may be required by the Board of Trustees.

   D.   Availability of Services. Every transitional residence shall be provided with, or have ready access to, services necessary and appropriate to the needs of its residents for active and passive recreation; medical care; educational, cultural and religious activities; consumer goods and services; and public transportation.

   E.   Financial Stability. No special permit for a transitional residence shall be granted unless the applicant therefor shall establish to the satisfaction of the board of trustees that there exists a reasonably certain source of continuous and sufficient funds to provide for the operation and maintenance of such facility in accordance with the representations of the application and the various standards applicable to such facility by reason of this title and other laws and regulations. (Ord. 21-04-07, 4-20-2021)

The purpose of this article is to establish procedures for applications, submitted by or on behalf of persons or groups of persons with disabilities, seeking waivers or exceptions to the requirements of this title when barriers to housing in the village arise from a disability itself and the requested waiver or exception is a necessary and reasonable accommodation to lowering the housing barriers for such persons as mandated by the 1988 amendments to the federal fair housing act, 42 USC section 3601 et seq. (FHAA), and the judicial decisions interpreting the same and binding upon the village. (Ord. 15-08-14, 8-4-2015)

The zoning official shall review this title from time to time to identify provisions which, though applied equally to persons with and without disabilities, if left unmodified, would restrict persons with disabilities, by reason of their disability, from using and enjoying housing opportunities in the village and shall forward a report to the village board once a year. (Ord. 15-08-14, 8-4-2015)

Waivers or exceptions to the requirements of this title pursuant to this article shall be authorized by the village board by ordinance; provided, that no application for a waiver or exception shall be acted upon by the village board until after:

   A.   A written report is prepared and forwarded to the village board by the plan commission in the manner prescribed herein for special uses under this title.

   B.   A public hearing is scheduled, and notice given, and thereafter held by the plan commission, and its findings and recommendations are reported to the village board. (Ord. 15-08-14, 8-4-2015)

Waivers or exceptions pursuant to this article are authorized and may be granted solely in those instances when the granting thereof would serve to lower barriers to housing for persons with disabilities, as defined in the FHAA. Without limiting the foregoing, the right to apply for waivers or exceptions under the provisions of this article does not apply in the case of individuals who claim to be disabled solely on the basis of having been adjudicated a juvenile delinquent, having a criminal record, or being a sex offender or to persons involved in the current illegal use of or addiction to a controlled substance (as defined in section 802 of the controlled substances act [21 USC section 802]), persons who have been convicted of the manufacture or sale of controlled substances or persons with or without disabilities who present a direct threat to the persons or property of others. (Ord. 15-08-14, 8-4-2015)

Any application for waiver or exception from the requirements of this title shall be filed and processed in the manner prescribed for applications for special uses, and shall be of such form, accompanied by such information as shall be established from time to time, by the plan commission. The zoning officer shall process such applications in the manner prescribed for special uses under this title. (Ord. 15-08-14, 8-4-2015)

No waiver or exception from the requirements of this title ("accommodation") shall be made pursuant to this article unless such accommodation is necessary and reasonable.

   A.   A necessary accommodation is one that:

      1.   Is deemed necessary in order for the person or persons with disabilities to compete equally with nondisabled individuals in obtaining housing offered in the village.

      2.   Would provide a direct amelioration of the disability's effect for the housing in question and, but for the application of the zoning provision or rule, the person or persons with disabilities would have been able to access such housing.

      3.   Avoids a zoning provision or rule, which if left unmodified, would hurt the person or persons with disabilities by reason of their disability rather than by virtue of what they have in common with other people.

   B.   A reasonable accommodation is one that:

      1.   Is both efficacious and proportional to the cost to implement it.

      2.   Does not fundamentally alter the nature and purposes of this title as summarized in section 9-2-2 of this title.

      3.   Is so designed, located and proposed to be operated that the public health, safety, morals and welfare and interest will be protected.

      4.   Will not cause substantial injury to the value of other property in the neighborhood in which it is located. (Ord. 15-08-14, 8-4-2015)

The plan commission may recommend and the village board may provide in the ordinance approving the accommodation such conditions and restrictions upon the construction, location and operation of the property in question as may be deemed to promote the general objectives of this title and to minimize injury to the value of property in the neighborhood, while preserving the intended benefit of the accommodation. Such conditions may include, without limiting the foregoing, an affidavit to be submitted to the village stating that the accommodation continues to be necessary. (Ord. 15-08-14, 8-4-2015)

The village board may repeal an ordinance granting an accommodation under this article if the property in question is no longer occupied by a person or group of persons with the disability or disabilities for which the accommodation was first granted. (Ord. 15-08-14, 8-4-2015)

   A.   If the village determines that an owner has failed to comply with the conditions stated in any ordinance granting an accommodation, the village shall provide written notification to the property owner. The property owner shall have a period of thirty (30) days from the date of notification to bring the property into compliance.

   B.   Any person violating any provision of this section shall be fined not less than two hundred dollars ($200.00) or more than seven hundred fifty dollars ($750.00) for each offense. Each day's continued violation shall be deemed a separate offense.

   C.   In the event such property is not brought into compliance with this article within the specified time period or if the village finds that such property constitutes a nuisance, the village may pursue any and all available legal remedies to cause the abatement of the nuisance at the property owner's expense. (Ord. 15-08-14, 8-4-2015)

If any section, subsection, sentence, clause, phrase or portion of this article is held invalid or unconstitutional for any reason by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such judgment shall not affect the validity of the remaining portions hereof. (Ord. 15-08-14, 8-4-2015)

This article supersedes all chapters or parts of ordinances adopted prior hereto which are in conflict herewith, to the extent of such conflict. (Ord. 15-08-14, 8-4-2015)