The administration of this ordinance is hereby vested in four (4) offices of the government of the Village of as follows:

Zoning Administrator

Zoning Board of Appeals

Plan Commission

Village Board of Trustees

This section shall first set out the authority of each of these offices, and then describe the procedure and substantive standards with respect to the following administrative functions:

(A)

Issuance of zoning certificates.

(B)

Issuance of occupancy certificates.

(C)

Variations.

(D)

Appeals.

(E)

Amendments.

(F)

Special Uses.

(G)

Fees.

(H)

Penalties.

In addition, it shall be the duty of all members of the Police Department to assist the Zoning Administrator by reporting to him upon new construction, reconstruction, new land uses, or possible violations.

The Zoning Administrator and such deputies or assistants that have been, or shall be, duly appointed shall enforce this ordinance and in addition thereto, and in furtherance of such authority shall:

(A)

Issue all zoning certificates and make and maintain records thereof;

(B)

Issue all certificates of occupancy, and make and maintain records thereof;

(C)

Conduct inspections of buildings, structures, and use of land to determine compliance with the terms of this ordinance;

(D)

Maintain permanent and current records of this ordinance, including, but not limited to, all maps, amendments, special uses, variations, appeals, and applications therefore;

(E)

Provide and maintain a public information bureau relative to all matters arising out of this ordinance;

(F)

Forward to the Plan Commission all applications for special uses and for amendments to this ordinance that are initially filed with the office of the Zoning Administrator;

(G)

Forward to the Zoning Board of Appeals applications for appeals, variations, or other matters on which the Board of Appeals is required to pass under this ordinance;

(H)

Issue permits regulating the erection and use of tents for periods not to exceed ten (10) days for specific purposes such as: temporary carnivals, churches, charities, or charitable uses, and revival meetings which are not detrimental to the public health, safety morals, comfort, convenience, or general welfare; provided, however, that said tents or operations are in conformance with all other ordinances and codes of the Village.

4.3-1

Creation. There is hereby established a Board of Appeals for the Village of Round Lake Park said Board shall consist of seven (7) members to serve respectively for the following terms: One for one year; one for two years; one for three years; one for four years; one for five years; one for six years; and one for seven years—the successor to each member so appointed to serve for a term of five (5) years.

4.3-2

Procedure. In accordance with the applicable Statutes of the State of Illinois, as follows:

(A)

All appointments to the Board of Appeals shall be made by the Village Board. One of the members so appointed shall be named as Chairman at the time of his appointment. Vacancies shall be filled as soon as possible for the unexpired term of any member whose place has become vacant. In the event that the office of Chairman is vacated for any reason, the Village Board shall immediately appoint a new Chairman.

(B)

All meetings of the Board of Appeals shall be held at the call of the Chairman, and at such other times as the Board may determine. All testimony by witnesses at any hearing provided for in this ordinance shall be given under oath. The Chairman, or in his absence, the acting Chairman, may administer oaths and require the attendance of witnesses. All meetings of the Board of Appeals shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon every question, of if absent or failing to vote, indicating that fact, and shall also keep records of its examinations and other official actions. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board of Appeals shall immediately be filed in the office of the Village Clerk and shall be of public record.

4.3-3

Jurisdiction and Authority. The Board of Appeals is hereby invested with the powers granted by the Statutes of the State of Illinois and this ordinance as follows:

(A)

To hear and decide appeals from any order, requirement, decision, or determination made by the Zoning Administrator pertaining to conformance with requirements of this ordinance, but not including the Building Code;

(B)

To hear and decide variations from the terms provided in this ordinance in the manner and subject to the standards set forth in this section; and

(C)

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

4.3-4

Variations. The Village Board shall decide all applications for variations of the provisions of this ordinance after a public hearing held before the Zoning Board of Appeals. The Zoning Board of Appeals shall hold public hearings upon all applications for variations and shall report its recommendations to the Village Board. The Zoning Board of Appeals shall recommend a variation only after they have made a finding of fact specifying the reason or reasons for recommending the variation. Such findings shall be based upon the standards prescribed in Article IV, Section 4.82 of this ordinance. No variation shall be granted by the Village Board without such findings of fact.

The Plan Commission as established under the provisions of the Illinois State Statutes, and other Village Ordinances is the Plan Commission referred to in this ordinance.

4.4-1

Jurisdiction. The Plan Commission shall discharge the following duties under this ordinance: (Size of the Commission and length of term to be determined by each Village).

(A)

Review all applications for special uses and amendments to this ordinance (text or map) and report said findings and recommendations to the Village Board in the manner prescribed in this article for Amendments and Special Uses;

(B)

Receive from the Zoning Administrator his recommendations as related to the effectiveness of this ordinance and report its conclusions and recommendations to the Village Board not less frequently than once a year.

(C)

Review all applications for approval of non-listed uses and report findings and recommendations to the Village Board of Trustees.

(D)

Hear and decide matters upon which it is required to pass under this ordinance.

4.5-1

Jurisdiction. The Village Board shall discharge the following duties under this ordinance:

(A)

Receive recommendations on all applications for amendment to the Zoning Ordinance (text or map) from the Plan Commission and determine final disposition of any such matter.

(B)

Receive recommendations from the Plan Commission relating to applications for special use and planned developments, and determine the final disposition of any such application, and

(C)

Decide all matters upon which it is required to pass under this ordinance.

Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by any officer, department, or employee, unless the application for such permit has been examined by the Zoning Administrator and has affixed to it his certificate, indicating that the proposed building or structure complies with all the provisions of this ordinance. Any permit or certificate of occupancy, issued in conflict with the provisions of this ordinance, shall be null and void.

4.6-1

Plats. Every application for a zoning certificate shall be accompanied by:

(A)

Twelve (12) copies of a current plat of the piece or parcel of land, lot, lots, block, or blocks, or parts or portions thereof, drawn to scale, showing the actual dimensions and monumenting, as certified by a registered Illinois land surveyor", as a true copy of the piece or parcel lot, lots, block, or blocks, or portions thereof, according to the registered or recorded plat of such land; and

(B)

Twelve (12) copies of additional drawings drawn to a scale in such form as may, from time to time, be prescribed by the Zoning Administrator showing the ground area, height, and bulk of the building or structure, the building lines in relation to lot lines, the use to be made of the building, structure, or land, and such other information as may be required by the Zoning Administrator for the proper enforcement of this ordinance.

(C)

Twelve (12) copies of a Landscape Plan defining the size, location and species of plant material and other landscape materials. Such plan shall be prepared by a qualified expert.

(D)

The Zoning Administrator may, in those cases where in his judgment the information is not necessary because of existing evidence in Village record, waive all or portions of the requirements or paragraphs (A) and (B) above.

4.6-2

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

4.6-3

Application for Occupancy Certificate. Every application for a building permit or zoning certificate shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new use of land where no building permit is required shall be made directly to the Zoning Administrator.

4.6-4

Issuance of Occupancy Certificate. No occupancy certificate for a building, or portion thereof, constructed after the effective date of this ordinance, shall be issued until construction has been completed and the premises inspected and certified by the Building Inspector and/or Zoning Administrator to be in conformity with the plans and specifications upon which the zoning certificate was based. No occupancy certificate for a building or addition thereto, constructed after the effective date of this ordinance, shall be issued and no addition to a previously existing building shall be occupied until the premises have been inspected and certified by the Building Inspector and/or Zoning Administrator to be in compliance with all applicable standards. Pending the issuance of regular certificate, a temporary certificate may be issued to be valid for a period not to exceed six (6) months from its date during the completion of any addition or during partial occupancy of the premises. The occupancy certificate shall be issued or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, not later than fourteen (14) days after the Building Inspector and/or Zoning Administrator is notified in writing that the building or premises are ready for occupancy.

4.7-1

Purpose. The Zoning Board of Appeals, after a public hearing, may vary the regulations of this ordinance in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where such Board makes findings of fact in accordance with the standards hereinafter prescribed, and further, finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this ordinance.

4.7-2

Application for Variation and Notice of Hearing. An application for a variation shall be filed in writing with the Zoning Administrator. The application shall contain such information as the Board may, by rule, require. Notice of the time and place of such public hearing shall be published at least once in the Official Newspaper and also by mailing notice thereof to the parties in interest, said publication and mailing to be made not more than thirty (30) nor less than fifteen (15) days before the date of the hearing. The Zoning Board of Appeals shall reach its decision within ninety (90) days from the date of filing of the variation, or it shall be deemed to have been denied.

4.7-3

Standards for Variance. The Zoning Board of Appeals shall not vary the regulations of this ordinance, unless it shall make findings based upon the evidence presented to it in each specific case that:

(A)

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

(B)

The conditions upon which an application for a variation is based are unique to the property for which the variation is sought, and are not applicable, generally, to other property within the same zoning classification.

(C)

The purpose of the variation is not based exclusively upon a desire to increase financial gain.

(D)

The alleged difficulty or hardship is caused by this ordinance and has not been created by any persons presently having interest in the property.

(E)

The granting of the variations will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.

(F)

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

The Zoning Board of Appeals may impose such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards established in this section and the objectives of this ordinance.

4.7-4

Authorized Variations. Variations from the regulations of this ordinance shall be granted by the Zoning Board of Appeals only in accordance with the standards established in Section 4.7-3 above, and may be granted only in the following instances and in no others:

(A)

To permit any yard or setback less than a yard or a setback required by the applicable regulations.

(B)

To permit the use of a lot for a use otherwise prohibited solely because of the insufficient area or width of the lot, but in no event shall the area of the lot be less than seventy (70) percent of the required lot area or the width of the lot be less than seventy-five (75) percent of the required lot width; and provided that the Village Board in considering any request for permission to build upon an undersize or under-width tract including an undersize or under-width platted lot or combination of undersize or under-width platted lots shall, whenever such combination is possible, require that two (2) or more undersize or under-width lots be combined or redivided into building sites of at least or substantially, the size and width required by this Ordinance.

The Village Board, acting upon the recommendations of the Zoning Board, shall have the power to permit the use of building sites smaller or narrower than required where such combination and re-division cannot be done without substantial hardship to the owner or owners of the lots in question. Where a number of undersize or under-width lots are owned as a tract, the Village Board, acting upon the recommendations of the Zoning Board, is directed to limit its variations to permit as little divergence as possible from the tract size and width required by the Ordinance. In its consideration, both of the possible combination of undersize and under-width lots into proper building sites and the division of large lots into building sites not of the sizes and widths herein required, the Village Board shall consider both the hardship to the property owner and the type of building sites already used in the immediate neighborhood, as should the Zoning Board in making its recommendation. (as amended by Ordinance 93-22)

(C)

To permit the same off-street parking facility to qualify as required facilities for two (2) or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week;

(D)

To reduce the applicable off-street parking or loading facilities required by not more than one (1) parking space or loading space or five (5) percent of the required facilities, whichever is greater;

(E)

To increase by not more than five (5) percent the maximum distance that required parking spaces are permitted to be located from the use served;

(F)

To permit the extension of a district zone to include less intensively zoned land where the boundary lines of such district divides a lot or tract held in single ownership at the time of the passage of this ordinance; provided, however, that the less intensively zoned tract of land contains less than 8,000 square feet in area.

(G)

To permit the reconstruction of a building which is solely as to bulk and which has been damaged or destroyed by fire, explosion, act of God, or public enemy, to the extent of more than 75 percent of the cost of the restoration of the entire building new, where the Board finds some compelling necessity requiring a continuance of the non-conforming use and the primary purpose of continuing the non-conforming use is not to continue a monopoly.

No order of the Zoning Board of Appeals granting a variation shall be valid for a period longer than six (6) months from the date of such order unless the building permit is obtained within such period and the erection or alteration of [said] building is started or the use is commenced within such period.

(Ord. No. 93-22, §§ I, II, 10-4-1993)

4.8-1

Scope of Appeals. An appeal may be taken to the Zoning Board of Appeals by any person, firm, or corporation, or by an office, department, board, or bureau aggrieved by a decision of the Zoning Administrator.

Such an appeal shall be taken within 45 days after the decision of the action complained of, by filing with the Zoning Administrator and with the Zoning Board of Appeals, a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Zoning Board of Appeals all of the papers constituting a record upon which the action appealed from was taken.

4.8-2

Findings on Appeals. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certified to the Zoning Board of Appeals, after the notice of the appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property, in which case the proceedings shall not be stayed unless otherwise by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record on application, on notice of the Zoning Administrator and on due cause shown.

The Zoning Board of Appeals shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties by one publication in the Official Newspaper and also by mailing notice thereof to the parties in interest, said publication and mailing to be made not more than thirty (30), not less than fifteen (15) days before the date of hearing. The Board shall reach its decision within ninety (90) days from, the date of filing of the appeal. The Board may affirm or may reverse, wholly or in part, or modify the order, requirement, decision, or determination that, in its opinion, ought to be done and to that end, shall have all the powers of the officer from whom the appeal is taken. The Zoning Administrator shall maintain records of all actions of the Zoning Board of Appeals relative to appeals.

4.9-1

Authority-Declaration of Public Policy. For the purpose of promoting the public health, safety, and general welfare, conserving the value of property throughout the community, and lessening or avoiding congestion in the public streets and highways, the Village Board may, from time to time, in the manner hereinafter set forth, amend the regulations imposed in the districts created by this ordinance or amend district boundary lines provided that in all amendatory ordinances adopted under the authority of this section, due allowance shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantage of the entire community, and the uses to which property is devoted at the time of the adoption of such amendatory ordinance.

4.9-2

Imitation of Amendment. Amendments may be proposed by any governmental body, or by any person or organization.

4.9-3

Application for Amendment. An application for an amendment shall be filed with the Zoning Administrator in such form and accompanied by such information as required by the Zoning Administrator. Such application should be forwarded to the Plan Commission for review, public hearing, and written recommendations thereon to the Village Board of Trustees.

4.9-4

Hearing on Petition. Within thirty (30) days of receipt of any application for rezoning, the Plan Commission shall hold a public hearing on such application at a time and place as shall be established by legal advertisement (Notice of Hearing) by the Plan Commission. The hearings shall be conducted and a record of the proceedings shall be preserved in such manner as the Village Board shall, by rule, prescribe.

4.9-5

Notice of Hearings. Notice of time and place of the hearing shall be published at least once in the Official Newspaper not more than thirty (30), nor less than fifteen (15) days before such hearing. Supplemental or additional notices may be published or distributed as the Village Board may, by rule, prescribe from time to time. Additionally, any area for which an individual application for a change in zoning classification is being considered shall be posted for at least fifteen (15 days prior to the public hearing.

The posted notices shall be in number, size, and location, as prescribed by the Zoning Administrator and shall indicate the present zoning classification, the proposed zoning classification, the time and place of public hearing, and any other information prescribed by the Zoning Administrator. Posted notices shall be removed by the applicant from the subject area within fifteen (15) days after the public hearing has been held. Failure to do so shall constitute a violation of this ordinance.

4.9-6

Findings of Fact and Recommendation of the Plan Commission. The Plan Commission shall make written findings of fact and shall submit same together with its recommendations to the Village Board for finalization. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the Plan Commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:

(A)

Existing uses of property within the general area of the property in question;

(B)

The zoning classification of property within the general area of the property in question;

(C)

The suitability of the property in question to the uses permitted under the existing zoning classification;

(D)

The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place in its present zoning classification;

(E)

Conformance to municipal plans;

(F)

Adequacy of community facilities;

(G)

Effect on the natural environment; and

(H)

The public benefit to be derived.

The Plan Commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment is in the public interest and is not solely for the interest of the applicant; and that either the proposed amendment will correct an existing error or changing conditions make the proposed amendment necessary. The Plan Commission may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. For the purpose of this paragraph, the Estate Residence District shall be the highest classification and ___________ District shall be considered the lowest classification.

4.9-7

Action by the Village Board of Trustees.

(A)

The Village Board shall not act upon a proposed amendment to this ordinance until it shall have received a written report and recommendation from the Plan Commission on the proposed amendment.

(B)

The Village Board may grant or deny any application for an amendment; provided, however that in case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20 percent of the frontage proposed to be altered, is filed with the Village Clerk, the amendment shall not be passed, except by a favorable vote of two-thirds (⅔) of the aldermen then holding office.

(C)

If an application for a proposed Amendment is not acted upon finally by the Village Board within ninety (90) days of the date the Village Board receives the Plan Commission recommendations and such time is not extended by mutual consent of the Village Board and petitioner, it shall be deemed to have been denied.

4.9-8

Effects of Denial of Amendment. No application for a map amendment which has been denied by the Village Board shall be re-submitted for a period of one (1) year from the date of the order of denial except on the grounds of new evidence or proof of change of condition to be valid by the Plan Commission and the Village Board.

4.9-9

Repeal of Amendment. In any case where a change of boundary lines of the zoning district map has been created, and where no development has taken place within one and one-half (1½) years, the Plan Commission may hold a public hearing, after notice of public hearing has been given, and recommend to the Village Board that such zoning be affirmed or repealed and rezoned to its most appropriate district classification.

4.10-1

Purpose. The development and execution of this ordinance is based upon the division of the community into districts within which districts the use of land and buildings, and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use in the particular location. Such special use falls into two (2) categories:

(A)

Uses publicly operated or traditionally affected with a public interest, and

(B)

Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities. Planned Development are considered in this Category.

4.10-2

Initiation of Special Use. Any person having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest or an exclusive possessory interest, and which is specifically enforceable may file an application to use such land for one or more of the special uses provided for in this ordinance in the zoning district in which the land is located.

4.10-3

Application for Special Use. An application for a specified use shall be filed with the Zoning Administrator on a form prescribed by the Zoning Administrator. The application shall be accompanied by such plans and/or data prescribed by the Plan Commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed special use will conform to the standards set forth in Section 4.10-6 herein after. Such application shall be forwarded from the Zoning Administrator to the Plan Commission with a request to review said application and accompanying data, conduct a public hearing hereon, and submit written recommendations, thereon to the Village Board of Trustees.

4.10-4

Hearing on Application for Special Use. Within thirty (30) days of receipt of any application for a special use, the Plan Commission shall hold a public hearing on the application, at such time and place as shall be established by legal advertisement (Notice of Hearing) by the Plan Commission. The hearing shall be conducted and a record or the proceedings shall be preserved in such manner as the Village Board shall, by rule, prescribe from time to time.

4.10-5

Notice of Hearing. Notice of time and place of the hearing shall be published at least once in the Official Newspaper not more than thirty (30), nor less than fifteen (15) days before such hearing. Supplemental or additional notices may be published or distributed as the Village Board may, by rule, prescribe from time to time. Additionally, any area for which an individual application requests a special use, there shall be an additional notice posted on the premises for at least fifteen (15) days prior to the public hearing.

The posted notices shall be in number, size, and location, as prescribed by the Zoning Administrator and shall indicate the present zoning classification, the proposed special use, the time and place of public hearing, and any other information prescribed by the Zoning Administrator. Posted notices shall be removed by the applicant from the subject area within fifteen (15) days after the public hearing has been held. Failure to do so shall constitute a violation of this ordinance.

4.10-6

Findings of Fact and Recommendations of the Plan Commission. The Plan Commission shall make written findings of fact and shall refer to any exhibits containing plans and specifications for the proposed special use, which shall remain a part of the permanent record of the Plan Commission. The Plan Commission shall submit same together with its recommendations to the Village Board for final action. No special use shall be recommended by the Plan Commission, unless such Commission shall find:

(A)

That 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.

(B)

That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

(C)

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

(D)

That the exterior architectural appeal and functional plan of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district, as to cause a substantial depreciation in the property values within the neighborhood.

(E)

That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.

(F)

That adequate [measures] have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

(G)

That the special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the Village Board pursuant to the recommendations of the Plan Commission.

4.10-7

Terms of Relief - Conditions and Guarantees. Prior to the granting of any special use, the Plan Commission shall in a conclusion or paragraph, separate from the findings of fact, stipulate the terms of relief recommended.

The Plan Commission may also stipulate any conditions, and restrictions, upon the establishment, location, construction, maintenance, and operation of the use as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in Section 4.10-6 above. In all cases in which special uses are recommended, the Plan Commission may require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection herewith are being and will be complied with.

4.10-8

Action by the Village Board of Trustees.

(A)

The Village Board shall not act upon a proposed special use permitted under this ordinance until it shall have received a written report and recommendation from the Plan Commission on the proposed special use.

(B)

The Village Board may grant or deny, by ordinance or resolution, any application for special use, and may establish such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the special use, as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in Section 4.10-6.

(C)

In all cases where the Village Board permits the establishment of a special use, the terms of the relief granted shall be specifically set forth in the ordinance or resolution in a conclusion.

(D)

A special use, which has been granted to a specific parcel of property pursuant to this Section, may be expanded to an abutting property under the same ownership and control as the property subject to the previously issued special use. The special use permit may be expanded to such abutting property without a formal application being filed as required by Section 4.10-3 of this Zoning Ordinance, without a formal hearing before the Plan Commission as required by Section 4.10-4 of this Zoning Ordinance, without notice being provided as required by Section 4.10-5 of this Zoning Ordinance, and without the findings of fact or recommendation of the Plan Commission as required by Section 4.10-6 and Section 4.10-7 of this Zoning Ordinance, provided that the conditions of the existing approved special use are applied to the abutting property, and the expanded special use is approved by a majority vote of the Village Board.

(Ord. No. 11-08, § II, 6-7-11)

4.11-1

General Purpose and Intent. (added by Ordinance 86-6) The primary purpose of a Planned Unit Development is to stimulate the development of balanced neighborhoods containing physical economic and social assets difficult to achieve through the traditional separation of use and density zones. This is accomplished by allowing the applicant the freedom necessary to protect natural resources, to protect and improve the social and economic environment, and to protect the investment in both the Village and the development.

A Planned Unit Development should attain the following objectives:

(A)

The protection of both the aesthetics and function of the natural environment.

(B)

The arrangement of buildings and other improvements advantageous to the orderly function and aesthetics of both the natural and man-made environment.

(C)

The presentation of adequate, permanent open space for the use of the residents and workers in the development and in the Village.

(D)

A variety of housing types and densities necessary to achieve a balanced neighborhood.

(E)

The provision of land area necessary to accommodate all cultural, educational, recreational, and other public and quasi-public activities necessary to serve the needs of the development and/or the Village.

(F)

The orderly and creative arrangement of all land uses with respect to each other and to the entire Village (including residential, commercial, industrial, public and quasi-public).

(G)

The provision of developed recreational activity areas necessary to serve the needs of any residential portion of the development.

(H)

The provision of a pedestrian environment separate from the vehicular environment.

(I)

The creation of neighborhoods compatible with the Comprehensive Land Use Plan for the Village.

In order to accomplish these objectives and intents, in its establishment and authorization as a special use, a Planned Unit Development may be exempted from certain of the provisions of the Subdivision Control Ordinance and the Zoning Ordinance of the Village of Round Lake Park to the extent specified in the special use permit for the Planned Unit Development, and as allowed in this Section.

4.12-1

Sketch Plan Procedure: (added by Ordinance 86-6)

(A)

Purpose: Prior to filing of an application for approval of a special use permit for a Planned Unit Development, the applicant shall submit to the Village Board of Trustees plans and data as specified in Subsection 4.12-1(B). This step does not require formal application, fees or the filing of plans with the Village Board of Trustees.

(B)

Required Information: Sketch Plan information to be presented by the applicant shall generally depict the development contemplated [for] the area.

4.12-2

General Development Plan: (added by Ordinance 86-6)

(A)

Purpose. In order to assure a common understanding of the Proposed Plan Unit Development, the applicant shall submit a General Development Plan in accordance with Subsections 4.12-2(B) and 4.12-2(C). This step is intended to make possible a determination as to the basic acceptability of the proposed Planned Unit Development in terms of its character, its use pattern, its intensity of use, its economic, environmental and service impact and such other factors as would be pertinent to such basic decisions prior to the preparation of detailed engineering, architectural, site and landscaping plans.

(B)

Procedure:

1.

Applicant:

a)

The applicant for a special use permit for a Planned Unit Development shall be all of the owners of record of the property which comprises the Planned Unit Development.

b)

An application for a special use permit for a Planned Unit Development may be processed by some other party, provided:

1)

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

2)

That the party processing such application shall reveal any interest in the property, such as an equitable interest via a purchase contract for all or a portion of the property in question.

2.

Filing of the Application: The applicant shall file the application for review and approval forms supplied by the Village with the Village Clerk along with twenty-five (25) copies of the General Development Plan and Special Use Permit documents and all required filling fees. The Village Clerk shall forward one (1) copy of the General Plan Development and Special Use Permit documents to each of the following within five (5) working days of receipt thereof from the applicant: Village President, all members of the Board of Trustees, all members of the Plan Commission (10), the Building Commissioner, the Village Engineer 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.

3.

Action by the Plan Commission: The Plan Commission shall within sixty (60) days of the next regularly scheduled meeting after receipt of the application undertake the following:

a)

Conduct a public hearing on the Special Use Permit in accordance with applicable statutes.

b)

Make findings of facts.

c)

In the discretion of the Village Board a joint meeting of the Village Board and Plan Commission may be held.

4.

Action by the Village Board of Trustees:

a)

The Village Board of Trustees shall after receipt of the findings of the Plan Commission approve, approve with conditions and modifications, or disapprove the General Development Plan and Special Use Permit.

1)

In the case of approval, the Board of Trustees shall pass an ordinance granting the Special Use Permit amending the Zoning Map.

2)

If the Village Board of Trustees approves the application subject to conditions and modifications, in addition to those previously agreed to in writing by the applicant, the Village Board of Trustees shall authorize the use of a special use permit for the Planned Unit Development only when the applicant shall file with the Village Board of Trustees written consent to such additional conditions and modifications.

3)

If the application is denied, the Village Board of Trustees shall state in writing its reasons for such denial, which shall be sent to the applicant.

b)

The issuance of a special use permit for the Planned Unit Development shall establish the basic right of land uses for the property in conformance with the General Development Plan as approved.

c)

Once the special use permit is issued:

1)

The Village Clerk shall file, at the County Recorder of Deeds, at applicant's expense, one copy of the approved plans with any conditions and modifications imposed by the Village Board of Trustees and consented to by the applicant.

2)

The Zoning Director shall amend the official zoning map of the Village of Round Lake Park to show the approving of the application, and the filing number of the County Recorder of Deeds on the property comprising the Planned Unit Development.

(C)

Required Information. The General Development Plan shall include both maps and written documents.

1.

The maps, which shall be part of the General Development Plan, shall show enough of the area surrounding the land included in the Planned Unit Development to demonstrate the relationship of the Planned Unit Development to adjoining uses both existing and proposed, and shall contain the following information:

a)

A boundary line survey of the subject property which shall be prepared and certified by a land surveyor, along with a legal description and a statement of the easements, covenants and restrictions of record.

b)

The existing topographic character of the land with contours shown at intervals not greater than ten (10) feet.

c)

A site analysis of the property including:

1)

Physical factors information:

a.

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

b.

Scenic views.

c.

Wooded areas.

d.

Potential soil problem areas.

e.

Flood plain areas.

f.

Streams, drainage ditches and standing water.

g.

General directions of storm water run off across the property.

2)

Public utilities information:

a.

Approximate location and size of any existing sanitary sewers both on the site and in easements and right-of-ways immediately adjacent to the site.

b.

Approximate location and size of any existing storm sewers both on the site and in easements and right-of-ways immediately adjacent to the site.

c.

Approximate location and size of any existing water both on the site and in easements and right-of-ways immediately adjacent to the site.

3)

Transportation information:

a.

Approximate location of all existing extensions of state, county or municipal roads across or immediately adjacent to the subject property.

b.

Approximate location of public transportation centers, existing or proposed, including heliports, train stations, or bus stations.

4)

Other conditions information:

a.

Existing county or municipal zoning on all parts of the subject site.

b.

Municipal corporate boundaries across or adjacent to the subject site.

c.

School district boundaries across or adjacent to the subject site.

d)

A proposed land use plan which shall show the following:

1)

The approximate location of major collector streets.

2)

The proposed land [use] areas, including total acreage and total dwelling units, if any, as follows:

a.

Residential land use areas, including dwelling units per acre, the number of buildings and dwelling units by type.

b.

Shopping center commercial land use areas.

c.

Commercial areas for free-standing buildings.

d.

Office and service land use areas.

e.

Industrial land use areas, the uses of which conform to the Limited Industrial zone of the Zoning Ordinance of the Village of Round Lake Park.

f.

Industrial land use areas, the uses of which conform to the General Industrial Zone of the Zoning Ordinance of the Village of Round Lake Park.

g.

Public and quasi-public land use areas, including if applicable sites for schools, parks, playgrounds, water retention areas, and other community facilities.

3)

The approximate location and size of any proposed sanitary sewer interceptors, storm main drains and water transmission lines.

4)

Vertical cross-sections of streets property to be constructed or improved.

2.

Written documents to comprise the General Development Plan shall include the following:

a)

An annexation agreement, if any property in the Planned Unit Development is unincorporated at the time of the filing of the application for the special use permit.

b)

An application for re-classification of the underlying zoning district or districts in which the property in the Planned Unit Development is situated, if such is necessary.

c)

A description of the various conditions which shall apply to the Planned Unit Development.

d)

Land use information including:

1)

A tabulation of the percentage amount of property of the various land uses in the Planned Unit Development.

2)

The type and number of dwelling units for all of the residential areas in the Planned Unit Development.

e)

An indication of the expected scheduling or phasing of the Planned Unit Development.

f)

A traffic analysis study.

g)

An economic impact study, including a tax impact study if required or requested by Planning Board or Board of Trustees.

h)

A compilation of the storm water retention requirements based on density and building coverage.

i)

Any additional information requested by the Plan Commission or the Village Board of Trustees as being necessary for the adequate evaluation of the Planned Unit Development.

4.12-3

Preliminary P.U.D. Plat: (added by Ordinance 86-6)

(A)

Purpose: A specific and detailed plan for implementation of all or part of a proposed Planned Unit Development shall be submitted to the Village Board of Trustees for its consideration. The information contained in this set of plans should indicate that proposed development will conform with the General Development Plan.

(B)

Submission of Preliminary P.U.D. Plat in stages: The Village Board of Trustees may authorize the submission of Preliminary P.U.D. Plats in stages, provided that the first phase Preliminary P.U.D. Plat shall be submitted within six (6) months followings the approval of the General Development Plan, and provided that the Village Board of Trustees shall approve the dates by which the Preliminary P.U.D. Plats for subsequent phases shall be submitted.

(C)

Procedure:

1.

Filing of the Preliminary P.U.D. Plat: The applicant shall file the application for a Preliminary P.U.D. Plat with the Village Board of Trustees along with ten (10) copies of all required maps, illustrations, drawings, reports, and studies and along with all required filing fees.

2.

Action by the Plan Commission:

a)

The Plan Commission shall determine if the Preliminary P.U.D. Plat is in substantial conformance with the conditions of the special use permit and with the General Development Plat, as controlled by Subsection 4.12-6(A). If the Preliminary P.U.D. Plat is not in substantial conformance, the Plan Commission shall:

1)

Recommend that the Preliminary P.U.D. Plat be denied, or,

2)

Apply the provisions of Subsection 4.12-6(B).

b)

The Plan Commission shall forward all information filed by the applicant to the Village Planner, Village Engineer, and the Village Attorney for their review, comment and recommendation.

c)

Within thirty (30) days following receipt of the proposed Preliminary P.U.D. Plat from the Village Board of Trustees, the Plan Commission shall submit its recommendation in writing to the Village Board of Trustees, indicating approval of the application, approval subject to conditions and modifications, or denial of the application. All recommendations shall specify the reasons for said recommendations of the Plan Commission, which may include the recommendations of the Village Planner, Village Engineer or Village Attorney. A copy of such recommendations shall be sent to the applicant.

3.

Action by the Village Board of Trustees: The Village Board of Trustees, within thirty (30) days after receipt of the recommendations of the Plan Commission, shall approve the Preliminary P.U.D. Plat, approve it subject to conditions and modifications, or deny it.

a)

The Village Board of Trustees shall approve the Preliminary P.U.D. Plat, provided it is in substantial conformance with the conditions of the special use permit for the Planned Unit Development, with the general Development Plan, and with the provisions contained herein.

b)

If the Village Board of Trustees approves the Preliminary P.U.D. Plat subject to conditions and modifications, such approval shall be valid only when the applicant files with the Village Board of Trustees written consent to such conditions and modifications.

c)

If the Preliminary P.U.D. Plat is denied the Village Board of Trustees shall state in writing its reasons for the denial and a copy of these reasons shall be sent to the applicant.

(D)

Required Information: The Preliminary P.U.D. Plat shall include maps, drawings and written statements and reports, and shall demonstrate the relationship of the subject site to the surrounding area.

1.

The maps, which shall be part of the Preliminary P.U.D. Plat shall contain the following information:

a)

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

b)

The existing topographic character of the land with contours shown at intervals no greater than two (2) feet, with topographic data referring to the U.S.G.S. North American Datum-Mean Sea Level Elevation.

c)

A site analysis of the property.

d)

A land use plan which shall be drawn upon a print of the topographic map of the site, which shall show the following information:

1)

Identification and description:

a.

Name of the Planned Unit Development.

b.

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

c.

Name and address of the site planner and/or developer.

d.

Name and address of the owner and/or developer.

e.

Scale, north point and date.

2)

Design features information which shall show:

a.

Right-of-way alignments, widths and name of all streets.

b.

Location of all single-family lots, all multifamily residential buildings, all shopping center buildings, all commercial lots, and all industrial lots.

c.

Off-street parking and service areas in multifamily and shopping center areas.

d.

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

e.

Utility easements.

f.

Pedestrian circulation system.

g.

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

e)

A proposed utility plan which shall be drawn on a print of the proposed land use plan. The proposed utility plan shall show the approximate location and dimensions of all sanitary sewers, storm sewers and water lines proposed for the subject site, except individual building connections.

2.

The drawings which shall be included as part of the Preliminary P.U.D. Plat shall contain preliminary elevations and/or prospective drawings of typical buildings and structures for all commercial shopping centers and for residential development at 5.0 dwelling units per acre or more. The drawings shall indicate substantially the architectural intent but need not show final decisions or details.

3.

Written information shall include the following:

a)

A statistical tabulation of the acreage amount of all the land uses proposed in the Preliminary P.U.D. Plat.

b)

The type and number of dwelling units and bedroom mix for any proposed residential land uses.

c)

Any agreements, provisions or covenants, including any homeowner association rules and bylaws and condominium declarations and agreements, which shall govern the use, maintenance and continued protection of the Planned Unit Development and any of the common and useable open space areas.

d)

Other additional information may be requested if the Plan Commission or the Village Board of Trustees deems it necessary because of special problems.

4.12-4

Final P.U.D. Plat: (added by Ordinance 86-6)

(A)

Within a maximum of six (6) months following the approval of the Preliminary P.U.D. Plat, the applicant shall file an application for approval of the Final P.U.D. Plat.

(B)

The approval of the Final P.U.D. Plat shall conform to the procedure for approval of the final plat of a subdivision and shall be submitted with final engineering plans, final recordable plat, financial guarantees and such other items set forth in the standards contained in the special use permit governing the improvements.

(C)

If desired by the developer, a Final P.U.D. Plat may be submitted with all of the information and items required relating to a Preliminary P.U.D. Plat in order to eliminate the Preliminary P.U.D. step.

(D)

In the event that the Final P.U.D. Plat is in accordance with the General Development Plan and the other requirements of this ordinance, the Village Board shall approve said Plat within thirty (30) days of submission.

4.12-5

Required Land Improvements, Engineering Specifications and Guarantee Arrangements: (added by Ordinance 86-6) The required land improvements for the Planned Unit Development, the engineering specifications to which they should be built, and the guarantee arrangements shall be in conformance with the standards and requirements specified in the Special Use Permit.

4.12-6

Changes and Modifications of the Planned Unit Development: (added by Ordinance 86-6)

(A)

Amendments to the General Development or Preliminary P.U.D. Plat: In the event that the Preliminary P.U.D. Plat does not conform substantially to the General Development Plan previously approved, or in the event an application desires to amend substantially a previously approved General Development Plan or a Preliminary P.U.D. Plat, the changes therein or amendments thereto may be approved only by following the procedural requirements of Subsection 4.12-2(13). All such changes or amendments approved shall be recorded and the zoning map amended as herein provided.

(B)

Changes and Amendments in the Final P.U.D. Plat:

1.

After the approval of the Final P.U.D. Plat, the use of the land, the construction, modification or alteration of any buildings or structures within the Planned Unit Development will be governed by the approved Final P.U.D. Plat rather than by any other provision of the Zoning Ordinance of the Village.

2.

No change in the use of the land or in the construction, modification or alteration of any buildings may be made contrary to the provisions of the approved Final P.U.D. Plat except upon application to the appropriate agency according to the following procedure.

a)

During the construction of the Planned Unit Development, the procedure shall be as follows:

1)

Minor changes in the location, siting and height of buildings and structures, and the location of streets and ways of public access may be authorized by the Plan Commission if required by engineering or other circumstances not foreseen at the time that the Final P.U.D. Plat was approved.

2)

All changes in the land uses, any rearrangements of lots, blocks and building tracts, any changes in the provision for common open space and all other changes in the approved Final P.U.D. Plat shall be made by the Village Board of Trustees, under the procedures authorized by Subsection 4.12-2(B).

b)

After the completion of the construction of the Planned Unit Development, the procedure shall be as follows:

1)

Any minor extension, alteration or modification of existing buildings or structures may be authorized by the Zoning Board of Appeals if they are consistent with the purpose and intent of the Final P.U.D. Plat.

2)

Any building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the Final P.U.D. Plat unless an amendment to the Final P.U.D. Plat is approved following the procedures authorized by Subsection 4.12-2(B).

3)

All other changes in the Final P.U.D. Plat shall be made by the Village Board of Trustees, under the procedures authorized by Subsection 4.12-2(B).

4.13-1 General Standards: No Planned Unit Development shall be authorized unless the Village Board of Trustees shall find and recommend that the following general standards are fulfilled:

(A)

The size of the Planned Unit Development is of sufficient size for proper planning.

(B)

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

(C)

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

(D)

The site plan effectively treats the developmental possibilities of the subject property, making appropriate provision for the preservation of streams, wooded areas, scenic views, flood plain areas and similar physical features.

(E)

The Planned Unit Development provides sites for places of worship, schools, parks and recreation, other community services and convenience shopping when the provision of such is appropriate to the size and character of the development.

(F)

All minimum requirements pertaining to commercial, residential, institutional, office research and industrial or other uses established in the Planned Unit Development conform to the requirements for each individual classification as established elsewhere in the Zoning Ordinance and the Subdivision Control Ordinance of the Village, except as may be specifically varied for the proper planning of the Planned Unit Development.

4.13-2

Transportation Design Standards: All streets shall be built in conformance to the standards for streets as detailed in the special use permit and shall be private or dedicated. (added by Ordinance 86-6)

4.13-3

Utilities Design Standards: (added by Ordinance 86-6)

(A)

The layout of the utility systems shall follow the Comprehensive Plan and the Official Map of the Village.

(B)

All utilities shall be located underground and in right-of-ways or in utility easements, except that they shall not be located below the pavement of any street.

(C)

All utilities shall be built in accordance with the requirements in the Subdivision Control Ordinance of the Village of Round Lake Park, and Paragraph (B) aforesaid.

(D)

The Village Board of Trustees may require that certain utilities be over-sized to provide capacity for the development of property not contained within the Planned Unit Development. In such a situation the Village Board of Trustees may adopt provisions for the recapture of the monies expended for providing such excess capacity, in a manner permitted by State law.

4.13-4

Residential Land Use Design Standards: (added by Ordinance 86-6)

(A)

Residential density cannot be greater than that allowed under the Special Use Permit.

(B)

No minimum requirements are pre-established for any Planned Unit Development project with respect to:

1.

Minimum lot size.

2.

Yard requirements.

3.

Bulk requirements.

4.

Units per building.

5.

The number of buildings on a zoning lot.

6.

Height requirements provided that the fire department serving the area has the necessary equipment and facilities.

4.13-5

Commercial Land Use Requirements: (added by Ordinance 86-6)

(A)

All business uses shall be in accordance with the Special Use Permit.

(B)

All business activity and storage of materials shall be conducted or stored within a completely enclosed building, unless otherwise specifically allowed.

(C)

No building shall be located nearer than fifty (50) feet to any street right-of-way line, unless specifically approved by the Village Board of Trustees.

(D)

Commercial areas in a Planned Unit Development shall be adequately screened by fencing or landscaping or both along the boundaries of adjacent residential, public open space, schools, churches, or both similar land uses, except when such commercial facilities have an architectural design similar to and compatible with, that of the surrounding land uses.

4.13-6

Industrial Land Use Standards: (added by Ordinance 86-6)

(A)

The standards for industrial areas in a Planned Unit Development shall conform to the applicable standards in the Zoning Ordinance or the Village for industrial areas.

(B)

No industrial building can be closer than one hundred fifty (150) feet to an existing residential area, and shall be adequately screened by fencing or landscaping or both along the boundaries of adjacent residential public open space, schools, churches, or both similar land uses, unless waived by the Plan Commission or Village Board of Trustees because said buildings have an architectural design similar to and compatible with, that of the surrounding land uses.

(C)

At least fifteen percent (15%) of any industrial lot shall be landscaped for open space purposes, shall not be used for parking lot purposes, and in no event shall said industrial building be closer than one hundred fifty (150) feet to a residential area as set forth in paragraph (B) aforesaid.

4.13-7

Miscellaneous Design Standards: (added by Ordinance 86-6)

(A)

Planting, lighting and fire hydrant requirements shall be as set forth in the Special Use Ordinance.

(B)

Sidewalks need not be required; if an alternative pedestrian plan is included.

(C)

All municipal controls dealing with fences, if any, can be deviated from, provided that such deviation shall not obstruct clear sight distances at intersections or roads and access driveways.