A.

Authorization.

1.

An application for any zoning procedure, except for text and map amendments, may be filed only by the owner or lessee of the property, or by an agent or contract purchaser specifically authorized by the owner to file such an application.

2.

An application for a text or map amendment may be filed by an owner, lessee, agent or contract purchaser of property located in the village, or may be initiated by the CED director.

B.

Application for Zoning Procedure or UDO Permits. An application for any zoning procedure or permit required by the UDO shall be completed in its entirety and filed with the CED director on forms provided by the village before any village action occurs. Incomplete applications shall not be processed.

C.

Fees.

1.

An application for any zoning procedure or permit shall be accompanied by the required fee at the time of filing. Such fees shall be as established and modified from time to time by the board of trustees.

2.

The failure to pay such fee when due shall be grounds for refusing to process the application and for denying or revoking any permit or approval for the subject property.

D.

Withdrawal of Application. An applicant shall have the right to withdraw an application at any time prior to the final decision on the application by the village. Such withdrawal shall be in writing and addressed to the CED director, or their designee.

E.

Successive Zoning Applications.

1.

A subsequent application shall not be reviewed or heard within one year of the date of denial unless there is substantial new evidence available or if a significant mistake of law or of fact affected the prior denial.

2.

Such subsequent application shall include a detailed statement of the grounds justifying its consideration.

3.

The CED director shall make a determination as to whether the subsequent application is substantially the same as the original application.

4.

If the CED director finds that there are no grounds for consideration of the subsequent application, they shall summarily deny the request without formal review.

(Ord. No. 2025-O-03, § 10(Att. A), 2-12-25)

A.

CED Director. Per Title 2, Chapter 2.17, Section 2.17.030 of the village code, the CED director is the ex officio zoning administrator of the village. As such, the CED director has all authority granted by state statutes, and by village ordinances and resolutions, assigned to zoning administrators and zoning officials. Additionally, the CED director, or their designee, shall have the authority to receive applications; make determinations; and issue permits regarding all elements of the village's unified development ordinance.

B.

Planning and Zoning Commission.

1.

Creation. There is hereby created a planning and zoning commission (PZC) within the village. The PZC shall serve as the village's advisory plan commission regarding the functions provided in 65 ILCS 5/11-12-5 as amended, and as the village's advisory zoning commission regarding the functions provided in 65 ILCS 5/11-13-2 as amended.

2.

Members and Terms of Office. The PZC shall consist of seven members, consisting of one chairperson and six commissioners, who shall be appointed by the president and confirmed by the board of trustees. The term of members of the PZC shall be four years.

3.

Relationship to CED.

a.

CED is the village's designated planning department and is charged with all the duties, powers, responsibilities, and authority vested in such departments as per 65 ILCS 5, Article 11, Division 12 as amended.

b.

The CED director shall provide all required staff, administrative, and operational support to the PZC. The CED director shall be the secretary of the PZC and shall have custody of all PZC documents and files.

4.

Meetings. All meetings of the PZC shall be scheduled, held, and occur in compliance with 5 ILCS 120, as amended.

5.

Rules. In addition to the rules of conduct, prescribed in Chapter 2.04 of the village code, the PZC is authorized to adopt rules that facilitate the PZC's board-approved functions. However, such additional rules shall complement, and not supplant, any rule or requirements set forth in Chapter 2.04 of the village code.

6.

Advisory Role to Board of Trustees. The purpose of the PZC is to advise and recommend applicable planning and zoning related actions to the board of trustees. The board of trustees reserves the right and authority to make final decisions and to hear appeals to legislative and administrative decisions unto itself. It shall be the PZC's responsibility to review and to make recommendations for final action by the board of trustees concerning the following items:

a.

The maintenance of, and amendments to, the village's comprehensive plan;

b.

The maintenance of, and amendments to, the UDO;

c.

Proposed special uses and variances; and

d.

Other land use or zoning matters as directed by the board of trustees.

(Ord. No. 2025-O-03, § 10(Att. A), 2-12-25)

A.

Building Permits.

1.

Applicability. An application for a building permit shall be required for the erection, reconstruction, conversion, enlargement, or structural alteration of a building or structure unless exempted by other applicable village codes.

2.

CED Review and Action. CED staff shall review the building permit application and determine whether the applicable requirements of this UDO are satisfied. Based on the review, the CED director or their designee may:

a.

Approve the building permit; or

b.

Deny the building permit.

3.

Building Permit Issuance. A building permit, if it is in conformity with the UDO and other applicable village codes without the need of a variance, may be issued by the CED director or their designee. When issued, all permits shall state the purpose or purposes for which the building or structure will be used and whether such use is conforming or nonconforming in character.

B.

Certificate of Occupancy.

1.

Applicability. A certificate of occupancy shall be required to establish a new occupancy or use of building or land. No building or land shall be occupied or used unless a permit authorizing such occupancy or use has been issued and is in full force and effect.

2.

Submission of Application. An application for certificate of occupancy shall be made by the owner of the building

3.

CED Review and Action. CED staff shall review the request for a certificate of occupancy and determine that the applicable standards of this UDO are fully met. Based on the review, the CED director or their designee may:

a.

Approve the certificate of occupancy;

b.

Deny the certificate of occupancy.

4.

Transfer of Ownership. Any transfer of ownership of the building or land shall automatically effect a transfer of the certificate of occupancy.

C.

Zoning Review.

1.

Purpose. The purpose of zoning review is to certify compliance with all applicable provisions of this UDO.

2.

Applicability.

a.

Every application for a building permit, including new construction and additions to an existing building, shall be subject to a zoning review and approval.

i.

Zoning review shall not apply to building permits for construction limited to interior remodeling or exterior alterations, including windows, siding, or roof replacement.

b.

No building permit shall be issued unless and until zoning review approval has been granted.

3.

Requirements. Each application for a building permit shall be accompanied by a site plan containing the following information, in addition to other information as may be reasonably required by the CED Director:

a.

Location of property lines, easements, and minimum setbacks;

b.

Location and dimensions of all existing and proposed structures;

c.

Location and dimensions of existing and proposed driveways, curb cuts, and parking and loading areas, with parking stalls marked and numbered;

d.

A landscaping plan, including the location, quantity, size, and botanical and common names of all existing and proposed plantings and vegetation;

e.

Calculation of impervious surface area;

f.

Location and dimensions of refuse disposal areas and screening materials;

g.

Lighting plan for parking areas;

h.

Location and dimensions of bike and pedestrian trails, sidewalks, and pedestrian circulation systems;

i.

Drainage provisions; and

j.

Location and dimensions of existing and proposed signage.

4.

CED Review and Action. CED staff shall review the site plan to determine whether it conforms to all applicable provisions of this UDO. Based upon the review, the CED director or their designee may:

a.

Approve the zoning review;

b.

Approve the zoning review with conditions;

c.

Refer the site plan to the PZC for review and approval; or

d.

Deny the zoning review.

5.

Concurrent Applications. A special use permit or variance application may be processed concurrently with the site plan. A concurrent special use permit or variance application shall be subject to the public hearing and review requirements specified in this UDO.

D.

Administrative Exception.

1.

Purpose.

a.

Administrative exception is an administrative process through which certain minor variances may be approved by the CED director or their designee.

b.

Administrative exceptions are intended to allow a limited amount of flexibility in the standards of this UDO.

c.

The CED director or their designee shall have the authority to grant or deny applications for administrative exceptions for such circumstances as this UDO allows, subject to the requirements of this section.

d.

No site plan shall be approved or building permit issued for a proposal requiring an exception to a zoning standard listed in Subsection 2. below unless an administrative exception is approved.

2.

Administrative Exceptions Considered.

a.

An administrative exception may be granted for the following circumstances:

i.

A maximum ten percent (10%) reduction of the interior side and/or rear yard setback standard for a new principal or accessory structure, or an addition to an existing principal or accessory building or structure in any district;

ii.

A waiver of the requirement for additional parking when the intensity of a use of any building, structure, or premises increases or when the use of an existing building, structure, or premises changes per Section 16.04.001.A.2.c;

iii.

A waiver of the requirement for cross access per Section 16.04.001.E;

iv.

A waiver of the requirement to provide a shared use path on arterial streets per Table 16.06.002.C.

v.

The approval of additional parking spaces beyond the maximum parking restriction per Section 16.04.001.B.3; and

vi.

As otherwise detailed in this UDO.

b.

An administrative exception shall not be granted for the approval of any use not otherwise allowed as a permitted or special use within the subject district.

c.

No administrative exception shall be considered for a setback of five feet or less, including any encroachment established in Section 16.02.004.A that may extend into the required setback area.

d.

In the case of a requested addition to a structure, no exception shall be considered where the existing structure does not meet the minimum setback.

e.

No exception shall be considered for a reduction of a setback for property in any nonresidential districts if the yard in which the setback reduction is requested is adjacent to any residential use.

3.

Administrative Exception Review Criteria. The administrative exception may be approved, if the CED director or their designee finds that the proposed exception:

a.

Aligns with the comprehensive plan and other adopted village plans;

b.

Aligns with the purpose of the underlying district;

c.

Aligns with adopted building and fire codes;

d.

Will not result in incompatible development;

e.

Will not result in adverse impacts; and

f.

Is of a technical nature and is required to:

i.

Compensate for an unusual condition;

ii.

Eliminate a minor inadvertent failure to comply with this UDO; or

iii.

To protect a sensitive resource or natural feature.

4.

Pre-Application Conference. The applicant for an administrative exception is encouraged to meet with CED staff prior to submitting an application to discuss the submittal requirements, review criteria, and review process.

5.

CED Review and Action. The application shall be reviewed by CED staff to ensure the application conforms to the criteria in Subsection 3. above. Based upon their review, the CED director or their designee may:

a.

Approve the administrative exception application;

b.

Approve the administrative exception application with conditions;

c.

Advance the administrative exception application to a variance; or

d.

Deny the administrative exception application.

6.

Expiration. If an application for a building permit or site plan is not received by CED staff within six months of the approval of the administrative exception, the administrative exception approval shall be void.

E.

Sign Permit.

1.

Purpose. A sign permit shall be required prior to the display, construction, erection, or alteration of a sign and its structural components on any property as specified in Chapter 16.05. All signs must comply with Chapter 16.05, and the applicable sections of the building code as adopted by the village. All electrical installations associated with the erection and installation of a sign must be done in accordance with the adopted building and electrical codes.

2.

Exemptions. Signs exempt from a permit are detailed in Section 16.05.004.

3.

Sign Permit Review Criteria. To approve the issuance of a sign permit, the CED director or their designee shall make an affirmative finding that all applicable provisions of this UDO and all other village ordinances are met.

4.

CED Review and Action. The application shall be reviewed by CED staff to ensure the application conforms to the criteria in Subsection 3. above. Based upon their review, the CED director or their designee may:

a.

Issue the sign permit;

b.

Issue the sign permit with conditions; or

c.

Deny the sign permit.

5.

Expiration and Lapse of Approval. A sign permit shall become void if work authorized under the permit has not been completed within six months of the date of issuance.

F.

Temporary Use Permit.

1.

Purpose. A temporary use permit shall be required, prior to the establishment of a temporary use, to certify compliance with all applicable regulations of this UDO and the applicable sections of the building code as adopted by the village.

2.

Temporary Use Permit Review Criteria. To approve the issuance of a temporary use permit, the CED director or their designee shall make an affirmative finding that all applicable provisions of this UDO and all other village ordinances are met.

3.

CED Review and Action. The application shall be reviewed by CED staff to ensure the application conforms to all applicable provisions of the UDO. Based upon their review, the CED director or their designee may:

a.

Issue the temporary use permit;

b.

Issue the temporary use permit with conditions; or

c.

Deny the temporary use permit.

G.

Record of Applications and Permits. The CED director shall keep a record of each permit issued and shall carefully preserve the original of each application for a building permit, each application for an occupancy or use permit, each plat or site plan accompanying an application for a building permit, and a copy of each building permit and occupancy or use permit issued.

(Ord. No. 2025-O-03, § 10(Att. A), 2-12-25)

A.

Summary of Board and Commission Review and Approval Procedures. Table 16.08.004.A summarizes the board and commission review and approval procedures and identifies the appropriate recommending and/or decision-making bodies.

Table 16.08.004.A Summary of Board and Commission Review and Approval Procedures

B.

Public Notice.

1.

Cost of Notice. All costs associated with any form of public notice, as required by this UDO, shall be the sole responsibility of the applicant.

2.

Notice Content. All forms of public notice required by this UDO shall include the following content:

a.

The date, time, and place of the scheduled public hearing;

b.

A description of the property involved in the application by street address if one exists;

c.

A description of the nature, scope, and purpose of the application;

d.

The location and source of additional information on the application; and

e.

Other information as deemed necessary by the CED director.

3.

Forms of Public Notice.

a.

Mailed Notice. When mailed notice is required, as detailed in Table 16.08.004.B the CED director or their designee shall provide notice by first class mail to all owners of record of the subject property and all owners of record within three hundred fifty (350) feet of the outermost property line of the subject property. The CED director, may, at their discretion, send notice to properties located beyond three hundred fifty (350) feet of the subject property when they determine that extending the area and number of property owners would result in improved public outreach under given circumstances. The notice shall be deposited in the U.S. mail by the CED director or their designee at least fifteen (15) days and no more than thirty (30) days before the scheduled public hearing. Ownership information shall be obtained from the records made available by the Champaign County Tax Assessor.

b.

Posted Notice. When posted notice is required, as detailed in Table 16.08.004.B, the CED director or their designee shall cause to be posted a sign on the subject property along the fronting street. If the subject property fronts two or more streets, signs shall be posted along each frontage. The notice shall be posted at least fifteen (15) days and no more than thirty (30) days before the scheduled public hearing.

c.

Published Notice. When published notice is required, as detailed in Table 16.08.004.B, the CED director or their designee shall ensure that notice is published in a newspaper of local circulation and on the Village's website, at least fifteen (15) days and no more than thirty (30) days before the date of the scheduled public hearing.

4.

Public Notice Requirements by Procedure. Table 16.08.004.B summarizes the requirements for public notice per board and commission review and approval procedure.

Table 16.08.004.B Public Notice Requirement by Board and Commission Review and Approval Procedure

5.

Public Notice Issues.

a.

Minor and nonsubstantive technical or scrivener's errors in specified notice requirements shall not be deemed to void a notice.

b.

When required written notices have been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action.

c.

In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a hearing and the general location of the subject property shall be strictly construed.

d.

If questions arise at the hearing regarding the adequacy of notice, the body hearing the matter shall make a finding regarding whether there was compliance with the notice requirements of this UDO.

(Ord. No. 2025-O-03, § 10(Att. A), 2-12-25)

A.

Purpose. The variation process is designed to provide a narrowly circumscribed means by which relief may be granted from unforeseen applications of this UDO that create practical difficulties or particular hardships. Practical difficulties or particular hardships, in the way of carrying out the strict letter of the regulations imposed by this UDO shall be decided upon by the board of trustees.

B.

Applicability. All requests for exceptions and deviations from the standards of this UDO which do not qualify as an administrative exception shall be considered under the variation standards and procedures established in this section.

C.

Procedure on Request for Variation.

1.

Application. A request for variation in the application of the regulations imposed by this title shall be made in writing and shall be filed with the CED director.

2.

PZC Hearing and Recommendation. The PZC shall hold a public hearing and make one of the following recommendations, to the board of trustees, within a reasonable time after the conclusion of the hearing:

a.

Approve the variation;

b.

Conditionally approve the variation; or

c.

Deny the variation.

3.

Variance Review Criteria. In determining whether a variation should be recommended for approval, the PZC must consider whether the practical difficulty or unnecessary hardship claimed by the applicant was created by the applicant and take into account the nature of the hardship. No variation shall be recommended for approval unless the PZC determines each of the following findings to be true:

a.

The strict application of the ordinance to the property would create an unnecessary hardship;

b.

Such conditions are peculiar to the property involved; and

c.

Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of the ordinance or the comprehensive plan.

4.

Findings Required. Every decision of the board of trustees, granting a request for a variation, shall include findings of fact specifying the reason, or reasons, for granting the request including. Such findings of fact shall also include a finding that the evidence adduced at the hearing sustains each of the conditions enumerated in the variance review criteria.

(Ord. No. 2025-O-03, § 10(Att. A), 2-12-25)

A.

Purpose. There exist various uses which because of their special or unique characteristics may be located in some zoning districts with no disruptive effects, but which may, in other districts, need special consideration and restraints in order to measure and prevent potential adverse impacts upon other uses located in such districts.

B.

Applicability. All special uses as designated in Section 16.03.003 except those authorized by annexation agreements pursuant to state statute are subject to the procedures and standards stipulated herein. Except as otherwise provided, the special use permit shall not be issued unless and until the following procedure has been completed.

C.

PZC Hearing and Recommendation. The public hearing shall be held by the PZC in accordance with its established procedures. The PZC shall make a recommendation to the board of trustees to take one of the following actions:

1.

Approve the special use permit;

2.

Deny the special use permit; or

3.

Recommend approval of the special use permit subject to conditions that:

a.

Exhibit rough proportionality and establish an essential nexus to the impacts of the proposed development.

D.

Board of Trustees Review and Action. The board of trustees shall determine whether the reasons set forth in the application and the evidence presented during the public hearing justify the granting of a special use permit. After considering the recommendation of the PZC regarding the requested special use permit, the board of trustees shall either:

1.

Approve the special use permit;

2.

Remand the special use permit to PZC for further review and recommendations; or

3.

Deny the special use permit.

E.

Special Use Permit Review Criteria. Each of the following review criteria shall be met for the board of trustees to approve a special use permit application:

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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 board of trustees.

F.

Amendments to Approved Special Use Permits.

1.

Determination of Level of Change. Upon receiving a special use amendment application, the CED director shall determine whether the amendment is a major or minor amendment based on the criteria detailed in Section 16.08.006.F.1.a and Section 16.08.006.F.1.b below.

a.

Major Amendment. A major amendment is any proposed change to an approved special use that results in an:

i.

Increase in the intensity of the site's use, including:

(A)

A five percent increase in impervious surface or modification to the approved stormwater management plan; or

(B)

Additional noise, glare, odor, or other impacts that are detectable from off-site.

b.

Minor Amendment. A minor amendment is any proposed change to an approved special use permit that is consistent with the standards and conditions upon which the special use permit was approved, which does not alter the concept or intent of the use, and which is not considered a major amendment as detailed in Section 16.08.006.F.1.a.

c.

Approval Process. A major amendment to an approved special use permit shall follow the procedure for a special use permit approval set in Section 16.08.006.D. A minor amendment to an approved special use permit may be approved by the CED director or their designee.

G.

Permit Validity. Unless otherwise specifically provided in the terms of the special use permit, the permit shall be valid for a period of one year from the date of its issuance. As provided herein, a valid special use permit is required in order to apply for a building permit, or for a certificate of occupancy if no building permit is required to establish a use.

H.

Violation. Violation of the terms of the special use permit shall be deemed a violation of this title. Extensions of any time period, or changes in the development schedule or other time sequence which was approved as part of the special use permit, may be approved only by the board of trustees. Any such extension or change, which is not so authorized, shall be deemed a violation of this title as provided above.

(Ord. No. 2025-O-03, § 10(Att. A), 2-12-25)

A.

Purpose. The regulations created by this UDO may be amended by ordinance, but no such amendments shall be made without a public hearing before the PZC.

B.

Text Amendment Review Criteria. Each of the following review criteria shall be considered in the review of and action on text amendment applications:

1.

The proposed text amendment is consistent with the adopted plans and policies of the village.

2.

The proposed text amendment addresses a particular issue or concern for the village.

3.

The proposed text amendment does not impose an unreasonable hardship on existing uses.

4.

Major land uses, conditions, or other circumstances have changed since the UDO was adopted or amended.

5.

The requested amendment is compatible with the existing uses and development patterns of the village.

6.

The proposed amendments are not detrimental to the health, safety, and welfare of the neighborhood or of the village as a whole.

C.

Map Amendment Review Criteria. Each of the following review criteria shall be considered in the review of and action on map amendment applications:

1.

The proposed map amendment is consistent with the adopted plans and policies of the village.

2.

Major land uses, conditions, or other circumstances have changed since the zoning of the site in question was established.

3.

The requested map amendment is compatible with the existing uses, development patterns, and zoning of nearby properties.

4.

The present development of the area complies with existing ordinances.

5.

The proposed map amendment does not conflict with existing or planned public improvements or will not adversely impact schools, parks, or other public facilities.

6.

The environment or traffic patterns in the vicinity will not be adversely affected.

7.

The proposed map amendment is not detrimental to the health, safety and welfare of the neighborhood or of the village as a whole.

D.

PZC Hearing and Recommendation. The PZC shall hold a public hearing and at the close of the public hearing, and after consideration of the recommendation of the CED director and public comment received, either recommend to the board of trustees:

1.

Approval of the text/map amendment;

2.

Denial of the text/map amendment; or

3.

Recommend approval of the text/map amendment subject to conditions that:

a.

Exhibit rough proportionality and establish an essential nexus to the impacts of the proposed development.

E.

Board of Trustees Review and Action. The board of trustees shall review the application for a text/map amendment and, after consideration of the recommendation of the PZC, recommendation of the CED director, and public comment received either:

1.

Approve the text/map amendment;

2.

Remand the text/map amendment to the PZC for further review and recommendations; or

3.

Deny the text/map amendment.

(Ord. No. 2025-O-03, § 10(Att. A), 2-12-25)

A.

Purpose. The purpose of the comprehensive sign plan is to provide an alternative procedure under which signs can be designed, constructed, and erected with innovation and creative architecture. The objective of the comprehensive sign plan is to encourage a higher level of design and visual amenity than is possible to achieve under otherwise applicable sign regulations.

B.

Applicability. Any building or development may elect to submit a comprehensive sign plan. After the approval of a comprehensive sign plan, no permanent sign shall be erected, placed, or maintained except in conformance with the comprehensive sign plan.

C.

Comprehensive Sign Plan Review Criteria.

1.

Placement. All signs shall be placed where they are visible and legible. Factors to be considered include the location of a sign relative to traffic movement and access points, site features, other structures, and orientation relative to viewing distances and viewing angles. Wall signs may be approved on building walls other than the wall of a multi-tenant building in which some units have little or no visibility from the street.

2.

Quantity. The number of signs that may be approved within any development shall be sufficient to provide necessary facilitation of internal circulation of vehicular and pedestrian traffic and wayfinding for safety of the occupants of vehicles and pedestrians. Factors to be considered shall be those that impact safety considerations such as the size of the development and the number of development sub-areas.

3.

Size. All signs shall be no larger than necessary for visibility and legibility but in no instance shall the aggregate sign area per lot exceed three square feet of sign area per lineal foot of frontage. Factors to be considered in determining appropriate size include topography, volume, and speed of traffic, viewing distances and angles, proximity to adjacent uses, and placement of display.

D.

PZC Hearing and Recommendation. The PZC shall hold a public hearing and at the close of the public hearing, and after consideration of the recommendation of the CED director and public comment received, either recommend to the board of trustees:

1.

Approval of the comprehensive sign plan;

2.

Denial of the comprehensive sign plan; or

3.

Recommend approval of the comprehensive sign plan subject to conditions that:

a.

Exhibit rough proportionality and establish an essential nexus to the impacts of the proposed development.

E.

Board of Trustees Review and Action. The board of trustees shall review the comprehensive sign plan application and, after consideration of the recommendation of the PZC, recommendation of the CED director, and public comment received either:

1.

Approve the comprehensive sign plan;

2.

Remand the comprehensive sign plan to the PZC for further review and recommendations; or

3.

Deny the comprehensive sign plan.

(Ord. No. 2025-O-03, § 10(Att. A), 2-12-25)

A.

Applicability. Annexation of unincorporated land to the village shall require review and approval by the board of trustees. The following procedure is established to ensure the public health, safety, and welfare in the growth and expansion of the community through sound annexation and good planning practices.

B.

Application. A petition for annexation shall be submitted to the CED director, along with the information specified in Chapter 16.03 of the MOP.

C.

Annexation Review Criteria. The board of trustees shall have the sole discretion to approve or deny applications seeking the annexation of land to the village.

D.

Annexation Fees. In addition to the fees for processing an application for annexation and, if applicable, an annexation agreement, a per acre annexation fee established by the village fee schedule shall be due and paid to the village prior to the recordation of the ordinance annexing the property.

E.

Annexation Ordinance.

1.

Each annexation ordinance shall contain a clause making the payment of annexation fees a binding obligation upon the successors in title of the person requesting the annexation.

2.

The annexation ordinance shall be recorded by the village in the office of the Champaign County Clerk and Recorder of Deeds, thereby making the obligations under the ordinance a matter of public record to any successors in title of the owner at the time the property is annexed.

F.

No construction or improvements shall be made on any property annexed until annexation fees are paid in full. Nothing herein contained shall be construed as compelling the village to make any extension or improvements or to expend any money for such purpose in relation to the annexation.

(Ord. No. 2025-O-03, § 10(Att. A), 2-12-25)

A.

Submission Phases. Subdivision planning, review, and approval shall proceed through the following sequential phases:

1.

Informal discussion phase, pre-application conference.

2.

Area general plan review and approval phase.

3.

Preliminary plat review and approval phase.

4.

Final plat review and approval phase.

5.

Recording phase.

B.

Duties and Responsibilities. The purposes and objectives of land subdivision shall be understood through the delineation of various duties and responsibilities associated with the subdivision process. The specific duties and responsibilities of the individuals or entities involved in land subdividing are clearly identified as follows:

1.

Subdivider. The subdivider is responsible for initiating discussions with the village before preparing any subdivision plans or plats in order to become familiar with these regulations and the public policies and objectives applicable to the territory in which the proposed subdivision lies.

2.

Engineer and Surveyor. The engineer and surveyor acting on behalf of the subdivider are responsible for preparing the necessary subdivision plans, surveys, plats, and the engineering drawings and specifications as required by these regulations.

C.

Reviewing Authority. The reviewing authority is the CED, which is responsible for reviewing the development or subdivision plan or plat, or portions thereof, and approving or denying the application. Review and recommendation of an area general plan, preliminary plat, and/or final plat by the PZC and approval by the board of trustees shall be required in the following instances:

1.

When a waiver or variance from the requirements of this UDO or village code is requested;

2.

When the subdivision is considered concurrently with a request for a rezoning, special use, or another item requiring a public hearing; and/or

3.

At the discretion of the CED director.

D.

Informal Discussion Phase.

1.

Purpose. The purpose of the informal discussion phase is to guide and assist the subdivider in their future decisions with a view to avoiding later difficulties and delays. This is the basic policy stage, during which the subdivider meets informally with village staff. In the course of the discussion the subdivider should make known their tentative plans for subdividing and development and may exhibit sketch plans. Discussion at this phase shall involve the entire area of ownership and anticipated development.

2.

Traffic Impact Analysis. The developer may be required to prepare a traffic impact analysis (TIA) as specified in the MOP. The public works director shall determine the need for a TIA based on the factors specified in the MOP.

3.

Procedures for Review.

a.

Subdivision. A pre-application conference may be requested by all subdividers prior to initial plat applications. Subdividers may contact the CED director to arrange a pre-application conference. Subdividers may submit an area general plan at this stage with material sufficient to identify the tract and establish the relationship of the proposed development with surrounding area.

b.

Processing. Upon request for a pre-application conference, the CED director shall schedule the preapplication conference with the relevant village staff members. Discussions will involve the proposals in compliance with these regulations, determination of the scope of the proposed subdivision, an outline of the procedures for the recording of plats and general information exchange. Village staff may make recommendations on the scope of the initial plat application by the subdivider, continuity of the proposed street pattern with existing or proposed street adjacent to the proposed subdivision, and other factors.

c.

Review. Review of materials submitted by the subdivider during the informal discussion phase shall be conducted by CED staff. Any sketch plan shall be studied with regard for the best practices of land subdividing and development; to lot sizes, and proportions; to existing and planned land uses; to topography and drainage; to provisions for recreation areas, public open space, schools, parks and other public facilities; to design and location of streets; and to conformity with the existing street systems, walkways and related matters.

d.

Inspection. Village staff may inspect the site to determine its relationship to and effect upon major thoroughfares, utility systems, and adjacent land uses existing and planned and ascertain the existence of any unusual problems

4.

Area General Plan Submission.

a.

An area general plan may be prepared and submitted by the subdivider for approval by the CED director prior to the submission of the initial preliminary plat. The CED director shall determine that either of the following conditions exists to warrant a requirement of preparation and submission of an area general plan:

i.

The parcel initially proposed for platting constitutes a portion of a larger tract of land owned or under option to purchase by the subdivider; or

ii.

The parcel initially proposed for platting constitutes a portion of a larger land area, the development of which will be complicated by unusual problems of drainage, street layout, utility services, land usage, or land ownership.

b.

The area general plan submission shall include the information specified in Chapter 16.02 of the MOP.

E.

Preliminary Plat Submission.

1.

Purpose. The purpose of the preliminary plat phase is to assist the subdivider and CED staff in determining whether the proposed subdivision conforms to the standards and requirements of these regulations, the tentatively approved area general plan (if applicable), and pertinent village standards and regulations.

2.

Waiver of Requirement. Where any tract of land within the village limits is to be divided into less than five lots of less than five acres each and no public improvements are required, the CED director shall have the authority to waive the requirements for a preliminary plat. The requirements for a final plat shall continue to be in effect. When the CED director does waive the aforesaid requirements for a preliminary plat, no further subdivision of adjacent land owned by the same beneficial interests shall be considered for subdivision within five years without full compliance with the requirements for a preliminary plat.

3.

Information Required. The subdivider shall provide the information specified in Chapter 16.02 of the MOP as part of the preliminary plat submission.

4.

Procedures for Review and Approval.

a.

If no waivers, variances, or other items requiring a public hearing are included with the subdivision, CED staff shall review the preliminary plat for compliance with the regulations listed in Subsection 4.b.1 through 4.b.10.

b.

If waivers, variances, or other items requiring a public hearing are included with the subdivisions, the PZC shall examine the preliminary plat for compliance with these regulations with special attention given to the following:

i.

Adequacy of design standards;

ii.

Sufficient information as required in these regulations;

iii.

Streets and thoroughfares as related to neighborhood circulation and existing and proposed topography;

iv.

Adherence to the existing zoning;

v.

Adherence to the existing and planned land uses;

vi.

Adherence to the official land use plan adopted by the village;

vii.

Official road map;

viii.

Adequacy of and required dedication of land for schools, parks, or other public use;

ix.

Sufficient provision of utilities and systems, drainage and street improvement; and

x.

Relationship to existing water courses.

F.

Preliminary Plat Approval.

1.

Administrative Review and Action. The CED director shall consider the preliminary plat and shall either:

a.

Deny the preliminary plat;

b.

Approve the preliminary plat;

c.

Refer the preliminary plat to the PZC for consideration and board of trustees for final approval.

2.

PZC Recommendation. If a preliminary plat is subject to review by the PZC, the PZC shall consider the preliminary plat at a public meeting and shall either:

a.

Recommend denial of the preliminary plat;

b.

Recommend approval of the preliminary plat;

c.

Recommend approval of the preliminary plat, subject to conditions that:

i.

Are relevant to any deviations from UDO standards; and

ii.

Exhibit rough proportionality and establish an essential nexus to the impacts of the proposed development.

3.

Board of Trustees Review and Action. Following the PZC's review and recommendation, the board of trustees shall consider the preliminary plat and shall either:

a.

Deny the preliminary plat;

b.

Approve the preliminary plat;

c.

Approve the preliminary plat, subject to conditions that:

i.

Are relevant to any deviations from UDO standards; and

ii.

Exhibit rough proportionality and establish an essential nexus to the impacts of the proposed development.

4.

Final Plat Submission Timeframe. At any time within one year after receiving preliminary plat approval, the subdivider shall submit a final plat containing the information required by Chapter 16.03 of the MOP.

G.

Final Plat Approval.

1.

Administrative Review and Action. The CED director shall consider the final plat and shall either:

a.

Deny the final plat;

b.

Approve the final plat;

c.

Approve the final plat, subject to minor modifications

d.

Refer the final plat to the PZC for consideration and board of trustees for final approval.

2.

PZC Recommendation. If a final plat is subject to review by the PZC, the PZC shall consider the final plat at a public meeting and shall either:

a.

Recommend denial of the final plat;

b.

Recommend approval of the final plat;

c.

Recommend approval of the final plat, subject to minor modifications

3.

Board of Trustees Review and Action. Following the PZC's review and recommendation, the board of trustees shall consider the final plat and shall either:

a.

Deny the final plat;

b.

Approve the final plat;

c.

Approve the final plat, subject minor to modifications

4.

In the event that the plat is denied, the subdivider has one year from the date of such disapproval to make requested corrections and resubmit the final plat.

5.

Recordation. After approval of the final plat, plans and specifications and receipt of all supporting documents by the board of trustees, the final plat may be recorded by the subdivider.

I.

Procedures for Resubdividing and Replatting Recorded Lots and for Vacation of Plats. All regulations, procedures and standards made applicable herein to original subdivisions shall also apply to the resubdividing and replatting of a plat or parts thereof as provided by these regulations.

1.

Procedure for Resubdivision. For any change in a map of an approved or recorded subdivision plat, such parcel shall be approved through the same procedure, rules and regulations as for review and approval of a subdivision.

2.

Procedure for Subdivisions where Future Resubdivision is Indicated. Whenever a parcel of land is subdivided and the subdivision plat shows one or more lots containing more than one acre of land and there are indications that such lots will eventually be resubdivided into small building sites, the CED director may require that such parcel of land allow for the future opening of streets and the ultimate extension of adjacent streets. Easements providing for the future opening and extension of such streets may be made a requirement of the plat.

3.

Vacation of Plats. Any plat or any part of a plat may be vacated by the property owner at any time before the sale of any lot therein. A vacation request must be made in writing and be accompanied by a plat of the land to be vacated per the final plat requirements of Chapter 16.03 of the MOP.

a.

Approval. Such a request shall be approved in like manner as plats of subdivisions. The CED director may reject any such request which abridges or destroys any public rights in any of its public uses, improvements, streets, or alleys.

b.

Execution and Approval. Such a request shall be executed, acknowledged or approved, and recorded and filed, in like manner as plats of subdivisions; and being duly recorded or filed shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the streets, alley, and public grounds, and all dedications laid out or described in such plat.

c.

Vacation. When lots have been sold, the plat may be vacated in the manner herein provided by all the owners of lots in such plat joining in the execution of such writing.

(Ord. No. 2025-O-03, § 10(Att. A), 2-12-25)

A.

Pre-Application Meeting.

1.

Prior to the preparation of a formal application, the applicant may meet with relevant members of village staff to discuss the proposed development. The request for a pre-application meeting shall be made to the CED director.

2.

Village staff and the applicant may discuss the village policies which may affect the development, the specific requirements and procedures involved in submitting an application for a PUD and other such items as may be applicable.

3.

In the course of the discussion, the applicant may exhibit sketch plans and provide other details to make known the general characteristics of the proposed development.

B.

Application Submission. After preliminary discussions village staff, if any, the applicant shall submit a PUD application. The application shall be accompanied by a site plan, with requirements listed in Section 16.08.003.

C.

Review Procedures.

1.

PZC Public Hearing. Upon receipt of the PUD application, the required documents and the payment of fees, the CED director shall fix a time for a public hearing on the PUD and give notice of the hearing. At the hearing, any interested person or party may appear and be heard either in person or by his or her agent or attorney. The PZC shall consider the proposed PUD in accordance with the standards of Chapter 16.07.

2.

PZC Recommendation. The PZC shall recommend one of the following actions for the PUD:

a.

Approval;

b.

Denial; or

c.

Approval with conditions that:

i.

Exhibit rough proportionality and establish an essential nexus to the impacts of the proposed development.

D.

Board of Trustees Action.

1.

Consideration and Action. After receipt of the report and recommendations of the PZC, the board of trustees shall consider the proposal and based on the PZC findings and recommendations, render a final decision related to the PUD. The board of trustees shall take one of the following actions:

a.

Approve;

b.

Conditionally approve;

c.

Deny; or

d.

Remand the PUD back to the PZC for further consideration.

2.

Effect of Approval. Approval of the PUD by the board of trustees shall constitute approval of the general arrangement of the PUD, the provisions submitted by the applicant, and a waiver of those items of policy or ordinance which have been brought specifically to the attention of the PZC and the board of trustees.

(Ord. No. 2025-O-03, § 10(Att. A), 2-12-25)

The following standards for review shall be utilized in the review of a PUD application as a whole, including any requested site development allowances and the modification standards proposed to justify those requests. No application for a PUD shall be approved unless the board of trustees finds that the application meets all of the following standards:

A.

Plan and Policy Alignment. The PUD is consistent with the goals, objectives, and policies set forth in the comprehensive plan and other adopted plans and policy documents of the village.

B.

Integrated Design with Identifiable Centers and Edges. The PUD shall be laid out and developed as a unit in accordance with an integrated overall design, in which the various land uses function as a cohesive whole. The design shall provide identifiable centers, which form focus areas of activity in the development, and edges, which define the outer borders of the development, through the harmonious grouping of buildings, uses, facilities, public gathering spaces, and open space.

C.

Public Welfare. The PUD is designed, located, and proposed to be operated and maintained so that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety, and welfare.

D.

Compatibility with Adjacent Land Uses. The PUD includes uses which are generally compatible and consistent with the uses of adjacent parcels. If the uses are not generally compatible, all adverse impacts have been mitigated through screening, landscaping, public open space, and other buffering features that protect uses within the development and surrounding properties.

E.

Impact on Public Facilities and Resources. The PUD is designed so that adequate utilities, road access, stormwater management, and other necessary facilities will be provided to serve it. The PUD shall include such impact fees as may be reasonably determined by the board of trustees. These required impact fees shall be calculated in reasonable proportion to the impact of the PUD on public facilities and infrastructure.

F.

Archaeological, Historical, or Cultural Impact. The PUD does not substantially adversely impact an archaeological, historical, or cultural resource, included on the local, state, or federal register, located on or off the parcel(s) proposed for development.

G.

Parking and Traffic. The PUD shall have or make provision to provide necessary parking, ingress, and egress to the proposed use in a manner that minimizes traffic congestion in the public streets and provides adequate access for emergency vehicles.

(Ord. No. 2025-O-03, § 10(Att. A), 2-12-25)

A.

Determination. Upon receiving a complete PUD amendment application, including any additionally requested or required information, the CED director shall determine whether the amendment is a major amendment or a minor amendment based on the criteria detailed in Section 16.08.013.B and C below.

B.

Major Amendment. A major amendment is any proposed change to an adopted PUD that results in one or more of the following changes:

1.

Net increase in the number of dwelling units in the development exceeding ten percent (10%) of the existing total or resulting in noncompliance with the underlying zoning district;

2.

A net increase in impervious surface;

3.

Reduction of open space by more than ten percent (10%);

4.

Modification of the proportion of housing types in the development;

5.

Increase in the approved gross floor area by more than three-thousand (3,000) square feet;

6.

Alteration of the alignment of roads, utilities, or drainage; and

7.

Modification of any other site feature inconsistent with any standard or condition imposed by the board of trustees in approving the PUD, as determined by the CED director.

C.

Minor Amendment. A minor amendment is any proposed change to an approved PUD that is consistent with the standards and conditions upon which the PUD application was approved and planned development adopted, which does not alter the concept or intent of the PUD and is not considered a major amendment as detailed in Section 16.08.013.B.

D.

Approval Processes.

1.

A major amendment to an adopted PUD shall follow the procedure set in Section 16.08.011.C.

2.

A minor amendment to an approved PUD may be approved by the CED director.

(Ord. No. 2025-O-03, § 10(Att. A), 2-12-25)

A.

It shall be the duty of the CED Director to enforce this title. In the event that any person shall violate the provisions of this title, the CED director may, in addition to other remedies, institute in the name of the village, any proper action or proceeding, in any court of competent jurisdiction, to prevent, restrain or abate the unlawful erection, conversion, enlargement or structural alteration of any building or structure, the unlawful use or occupancy of any building or land or the unlawful change, expansion or enlargement of any nonconforming use or to prevent, restrain, abate or correct any other act done or omitted to be done in violation of the provisions of this title.

(Ord. No. 2025-O-03, § 10(Att. A), 2-12-25)