(A)

Administrative Officers: The responsibility for implementing and administering the zoning ordinance shall be vested in four (4) offices of the village:

(1)

Zoning administrator;

(2)

Plan commission;

(3)

Zoning board of appeals;

(4)

Village board of trustees.

(B)

Authority and Administrative Functions: This subchapter shall first set out the authority of each of the designated administrative offices, and then describe the procedures and substantive standards with respect to the following administrative functions:

(1)

Processing;

(2)

Zoning amendments;

(3)

Special uses;

(4)

Variations;

(5)

Site plans;

(6)

Appeals;

(7)

Penalties.

(Ord. 163, passed 12-5-1961; Am. Ord. 94-03, passed 1-11-1994; Am. Ord. 95-62, passed 6-13-1995; Am. Ord. 22-024, passed 3-22-2022)

(A)

Establishment: The director of community development, as established by sections 33.060 through 33.062 of this Code, is hereby designated as zoning administrator. Acting in this capacity, the director of community development or his/her authorized designee shall administer and enforce the provisions of this chapter.

(B)

Responsibilities: The zoning administrator, as established herein, shall:

(1)

Inspections: Conduct inspections of buildings, structures and uses of land to determine compliance with the terms of this zoning ordinance and terminate any and all unauthorized operations.

(2)

Records: Maintain permanent and current records of the zoning ordinance, including, but not limited to, all maps, amendments, variations, appeals, and publications thereof.

(3)

Development Plans: Receive, file, review and forward to the village board of trustees all development plans and other matters upon which the village board of trustees is required to approve.

(4)

Variations: Receive, file, review and forward to the zoning board or the plan commission for consideration all applications for variations requiring amendments to this chapter.

(5)

Special Uses: Receive, file, review and forward to the zoning board for consideration all applications for special uses.

(6)

Zoning Amendments: Receive, file, review and forward to the zoning board for consideration all applications for zoning amendments.

(7)

Public Information: Provide and maintain comprehensive records open to public inspection relative to all matters pertaining to this chapter.

(8)

Ordinance Interpretations: Interpret, enforce, and, from time to time, recommend to the zoning board of appeals amendments to the regulations and restrictions set forth in this ordinance as well as the sign ordinance.

(9)

Administrative Interpretations: When requested by the village president, board or commission, or when the interest of the village so requires, make investigations and render written findings.

(10)

Delegating Authority: Discharge other duties as may be placed upon him/her by this title.

(Ord. 163, passed 12-5-1961; Am. Ord. 1768, passed 9-11-1979; Am. Ord. 94-03, passed 1-11-1994; Am. Ord. 95-62, passed 6-13-1995; Am. Ord. 07-198, passed 12-11-2007)

Editor's note— Ord. 22-024, § 8, adopted Mar. 22, 2022, repealed § 154.37 entitled "Olde Schaumburg Centre Commission," which derived from: Ord. 163, passed Dec. 5, 1961; Ord. 94-03, passed Jan. 11, 1994; and Ord. 95-62, passed June 13, 1995.

(A)

Creation and Membership: The plan commission is hereby created in accordance with section 31.031 of this Code.

(B)

Jurisdiction: The plan commission is vested with the jurisdiction and authority as outlined in section 31.031 of this Code.

(Ord. 163, passed 12-5-1961; Am. Ord. 94-03, passed 1-11-1994; Am. Ord. 95-62, passed 6-13-1995)

(A)

Creation and Membership: The zoning board of appeals is hereby created in accordance with section 31.037 of this Code.

(B)

Jurisdiction: The zoning board of appeals is vested with the jurisdiction and authority as outlined in section 31.037 of this Code.

(Ord. 163, passed 12-5-1961; Am. Ord. 1747, passed 7-10-1979; Am. Ord. 94-03, passed 1-11-1994; Am. Ord. 95-62, passed 6-13-1995; Am. Ord. 00-75, passed 6-13-2000; Am. Ord. 07-110, passed 7-24-2007; Am. Ord. 07-198, passed 12-11-2007; Am. Ord. 22-024, passed 3-22-2022)

(A) Creation and Membership: A village board of trustees is hereby created. The words "village board" when used in this section shall be construed to mean the village board of trustees. Said village board shall consist of six (6) trustees and the village president. Each member is elected by the electors of the village for a term of four (4) years. The village president shall serve as the president of the village board of trustees and shall have all powers established within this Code.

(B) Jurisdiction: The village board of trustees is vested with the jurisdiction and authority as outlined in title 3, chapter 30, "President, Board of Trustees and Standing Committees", of this Code.

(Ord. 163, passed 12-5-1961; Am. Ord. 94-03, passed 1-11-1994; Am. Ord. 95-62, passed 6-13-1995)

In all requests requiring zoning board of appeals public hearings and plan commission public hearings, an application shall be filed with the director of community development or authorized designee on forms provided by the village and accompanied by such information as shall be established from time to time by the village and kept on file with the community development department. The director of community development or authorized designee shall forward such application to the zoning board of appeals, or plan commission, as appropriate, with a request to hold a public hearing.

The zoning board of appeals or plan commission shall make no recommendation in a specific case without a public hearing required herein. Notification for such hearing must be in accordance with subsections (A), (B) and/or (C) of this section as applicable.

(A)

Newspaper: For all zoning board of appeals and plan commission hearings, a notice of the time and place of such public hearing shall be published in a newspaper of general circulation in the village at least fifteen (15) days and no greater than thirty (30) days prior to the hearing. Such notice shall contain the address or location of the property where the request by the zoning board of appeals or plan commission is sought, as well as a brief description of the nature of the appeal.

Exempt: Sign variations, shopping center signage plans, valet parking plans, and plats are exempt from the newspaper notice requirements.

(B)

Posting of Sign: In all requests requiring zoning board of appeals public hearings and plan commission public hearings, a sign must be posted at least fifteen (15) days prior to the hearing and shall not be removed until the public hearing before the zoning board or plan commission has been completed unless otherwise directed by the zoning board or plan commission. The sign shall be removed within ten (10) days following the public hearing before the zoning board or plan commission. The sign must be posted in the right-of-way adjacent to the subject property or on the subject property when feasible. Alternative locations may be approved by the director of community development or designee. The sign must be oriented to be readable from the adjacent roadway, and one (1) sign per street frontage must be posted.

Exempt: Text amendments, single-family residential variations, single-family residential special uses, FAR credits, sign variations, shopping center signage plans, village-initiated rezoning establishing an overlay district (that does not change the underlying zoning classification), valet parking plans and plats are exempt from the sign notice requirements.

(C)

Written Notification: In all requests requiring zoning board of appeals and plan commission public hearings, petitioners must notify by registered mail, return receipt requested, all property owners within one hundred fifty feet (150') of the subject property. The registered mail receipts, return receipts and list of recipients shall be submitted to the community development department to be made part of the hearing record. Such written notice must be sent at least fifteen (15) days and no greater than thirty (30) days prior to the hearing date. The homeowners' or property owners' association will be notified for any common property or a planned development falling within the one hundred fifty feet (150'). Notice shall contain the following information:

(1)

Common description of property.

(2)

Requested action.

(3)

Date, time and place of hearing.

(4)

Reference to the Community Development Department of the Village of Schaumburg for further information.

(5)

Telephone number of the community development department.

Exempt: Text amendments, sign variations, shopping center signage plans, valet parking plans, village-initiated rezoning establishing an overlay district (that does not change the underlying zoning classification), and plats are exempt from the written notification requirements.

(Ord. 163, passed 12-5-1961; Am. Ord. 3239, passed 9-12-1989; Am. Ord. 94-03, passed 1-11-1994; Am. Ord. 95-62, passed 6-13-1995; Am. Ord. 07-051, passed 3-27-2007; Am. Ord. 10-028, passed 4-13-2010; Am. Ord. 21-094, passed 9-14-2021; Am. Ord. 22-001, passed 1-11-2022)

The appropriate zoning petition fees, as outlined in title 3, chapter 41, "Village Fee Schedule", of this Code, must be paid at the time of formal application.

(Ord. 163, passed 12-5-1961; Am. Ord. 94-03, passed 1-11-1994; Am. Ord. 95-62, passed 6-13-1995)

(A)

Purpose: The regulations imposed and the districts created under the authority of this chapter may be amended from time to time by ordinance in accordance with applicable statutes of the State of Illinois. An amendment shall be granted or denied by the village board only after a public hearing before the zoning board, and after a report of its findings and recommendations has been submitted to the village board.

(B)

Initiation of Amendments:

(1)

Text Amendment: Text amendments may be proposed by the village board, the zoning board of appeals, the zoning administrator, or other governmental bodies.

(2)

Rezonings and/or Map Amendments: Rezonings and/or map amendments may be proposed by the village board, the zoning board of appeals, the zoning administrator, or other governmental bodies or by any resident of or any owner of property within the corporate limits of the village.

(C)

Authority: Amendments shall be authorized or denied by the village board by ordinance in accordance with the procedural provisions of this section and the regulations and conditions set forth herein for amendments. No application for an amendment shall be acted on by the village board until after a public hearing is held before the zoning board, and the findings and recommendations of the zoning board holding the public hearing have been reported to the village board.

(D)

Application: An application for an amendment may be made by any person, firm or corporation, or by an office, department, board, bureau or commission requesting or intending to request a building permit or occupancy certificate.

(E)

Processing: An application for an amendment shall be filed with the director of community development or his/her authorized designee on forms provided by the village and accompanied by such information as shall be established from time to time by the village and kept on file with the community development department. The director of community development or his/her authorized designee shall forward such application to the zoning board with a request to hold a public hearing.

(F)

Notice: Notice shall be made in accordance with the requirements of subsections 154.41(A), (B) and (C) of this chapter, as applicable.

(G)

Recommendation: The zoning board shall forward its recommendations and findings of fact in the form of a written report to the village board within a reasonable time, usually within thirty (30) days following the date of public hearing on each application, unless it is withdrawn by the petitioner. Such findings of fact shall include all of the following:

(1)

General Welfare: That the proposed zoning classification at that particular location requested is necessary or desirable to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community.

(2)

Desirability: That such zoning classification will not under the circumstances of the particular case be detrimental to the health, safety, morals, or general welfare of persons residing or working in the vicinity or be injurious to property value or improvements in the vicinity.

(3)

Conformance: That the amendment shall conform to the regulations and conditions specified in this chapter for such use, and with the stipulations and conditions made a part of the authorization granted by the village board.

(H)

Determination:

(1)

Zoning Board of Appeals: The concurring vote of the zoning board shall be necessary to reverse any order, requirements, decision or determination of the director of community development or his/her authorized designee, or to decide in favor of the applicant in any manner upon which it is authorized by this chapter to render a decision.

(2)

Village Board of Trustees: The village board, upon receipt of the report and recommendation of the zoning board holding the public hearing, and without further public hearing, may grant by ordinance or deny any proposed amendment, in accordance with applicable statutes of the State of Illinois, or may refer it back to the zoning board or other commission holding the public hearing for further consideration. Village board proceedings shall be in accordance with those contained in section 30.10, "Consent Agenda", of this Code.

(3)

Determination in Case of Written Protest: In case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, is filed with the clerk of the village, the amendment shall not be passed except by a favorable vote of two-thirds of all of the trustees of the village.

(Ord. 163, passed 12-5-1961; Am. Ord. 94-03, passed 1-11-1994; Am. Ord. 95-62, passed 6-13-1995; Am. Ord. 07-110, passed 7-24-2007; Am. Ord. 07-198, passed 12-11-2007)

(A)

Purpose: The principal objective of this zoning ordinance is to provide for an orderly arrangement of compatible building and land uses and for the proper location of all types of uses required for the social and economic welfare of the village. To accomplish this objective, each type and kind of use is classified as permitted in one (1) or more of the various districts established by this chapter. However, in addition to those uses specifically classified and permitted in each district, there are certain additional uses which it may be necessary to allow because of their unusual characteristics or the service they provide to the public. These special uses require particular consideration as to their proper location in relation to adjacent established or intended uses, or to the planned development of the community. The conditions controlling the location and operation of such special uses are established by the following provisions of this section.

(B)

Authority: The Village Board of the Village of Schaumburg shall have authority to permit the special uses of land or structures listed in each zoning district if it finds that the proposed location and establishment of any such use will be desirable or necessary to the public convenience or welfare and will be harmonious and compatible with other uses adjacent to and in the vicinity of the selected site or sites.

(C)

Conditions and Approval: The zoning board or plan commission may recommend and the village board may impose such restrictions upon the height and bulk, area of occupancy, and use of any structure or land so approved for special use as may be reasonable under the particular circumstances. Such restrictions and stipulations may be more restrictive than and/or in addition to the requirements established for the district in which such special use is proposed to be located, or as may be required in any municipal ordinance. Off-street parking facilities as well as off-street loading and unloading spaces may also be stipulated in the ordinance permitting the special use. Suspension and revocation procedures and standards may be stipulated in the ordinance permitting the special use.

(D)

Procedure: The procedure to be followed in considering applications for special uses shall be as follows:

(1)

Application: An application verified by the owner of record or authorized agent of said owner of the property involved shall be filed with the community development department for the attention of the zoning board or plan commission upon a form prescribed therefor, which shall contain or be accompanied by all required information.

(2)

Public Hearings: Upon receipt of such verified application, the village shall give notice of a public hearing in the same manner as provided for hearings on the reclassification of property as contained in this chapter. A record of pertinent information presented at the public hearing shall be made and maintained by the zoning board or plan commission as part of their permanent record relative to the applicant.

(3)

Determination: The zoning board or plan commission shall then make its findings and recommendations to the village board within thirty (30) days following the date of public hearing for each application. The village board may then authorize a "special use", as defined herein, by specific ordinance, provided the evidence presented is such as to establish beyond a reasonable doubt that:

(a)

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

(b)

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

(c)

The proposed use will comply with the regulations and conditions specified in this chapter for such use and with the stipulations and conditions made a part of the authorization granted by the village board.

(E)

Termination of Special Use: Without need of further hearing, the special use will terminate and be void, after which the use must conform to the use regulations of the district in which it is located if:

(1)

Construction has not commenced within one (1) year of the special use ordinance. For purposes of this section, "construction" shall mean building of public or private improvements to the land in accordance with final plans approved by the village.

(2)

The building structure, or portion thereof, for which a special use has been granted, becomes vacant and remains unoccupied or is occupied for a use other than granted by the special use for a continuous period of one (1) year.

(F)

Review of Expired Projects: If a project has received village board approval but said approval has expired, the petitioner for the project may have the same approved plans rereviewed through an expedited process for expired projects as long as the following conditions are met:

(1)

Said project was approved by the village board within the past three (3) years; and

(2)

If the plans are identical to what was previously approved by the village board, the project may be approved by the director of community development or designee. Additionally, the director of community development or designee may approve minor changes to the plans, but the plans must substantially conform to what was previously approved. Minor changes include plan adjustments that would not increase density, increase the floor area ratio, decrease the aggregate amount of landscaping by area or number of trees, decrease the provision of open space, change dwelling unit type, change land use, or alter the function or overall appearance of the site. Said project must also be in conformance with current zoning code requirements. This approval shall not exceed one (1) year.

(3)

If the zoning ordinance has been amended since the project was approved by the village board so the plans are not in conformance with current requirements, then the project may be reapproved by the village board following review by a standing committee.

(Ord. 163, passed 12-5-1961; Am. Ord. 1959, passed 3-24-1981; Am. Ord. 94-03, passed 1-11-1994; Am. Ord. 95-62, passed 6-13-1995; Am. Ord. 98-58, passed 5-26-1998; Am. Ord. 07-110, passed 7-24-2007; Am. Ord. 07-198, passed 12-11-2007; Am. Ord. 09-108, passed 10-13-2009; Am. Ord. 20-013, passed 2-25-2020; Am. Ord. 22-024, passed 3-22-2022)

(A)

Purpose: The zoning board shall hear all petitions for variations, excluding those single-family variations as reviewed by the plan commission, and shall recommend variations of the provisions of this chapter, in harmony with its general purpose and intent, when the board has made a finding of fact, based upon the standards hereinafter described, that there are practical difficulties or particular hardship in the way of carrying out the strict letter of the regulations of this chapter.

(B)

Standards For Variations:

(1)

Variations shall not be granted except on findings based upon the evidence of each specific case.

(a)

That the plight of the owner is due to unique circumstances; and

(b)

That the variation, if granted, will not alter the essential character of the locality.

(2)

For the purposes of supplementing the above standards, the zoning board may take into consideration the extent to which the following facts favorable to the applicant have been established by evidence:

(a)

That the particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulation were called out;

(b)

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

(c)

That the purpose of the variation is not based exclusively upon a desire to make more money out of the property;

(d)

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

(e)

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

(f)

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

(g)

That the granting of the variation will not confer on the applicant any special privilege that is denied by this chapter to the lands, structures, or buildings of the same district.

(C)

Authority: Variations shall be authorized or denied by the village board by ordinance in accordance with the procedural provisions of this section and the regulations and conditions set forth herein for variations. No application for a variation shall be acted on by the village board until after a public hearing is held before the zoning board, and the findings and recommendations of the zoning board holding such public hearing have been reported to the village board.

(D)

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

(E)

Processing: An application for a variation shall be filed with the director of community development or his/her authorized designee on forms provided by the village and accompanied by such information as shall be established from time to time by the village and kept on file with the community development department. The director of community development or his/her authorized designee shall forward such application to the zoning board with a request to hold a public hearing.

(F)

Notice: Notice shall be made in accordance with the requirements of subsections 154.41(A), (B) and (C) of this chapter, as appropriate.

(G)

Recommendation: The zoning board shall hold a public hearing and forward its recommendation and findings of fact in the form of a written report to the village board within a reasonable time, usually thirty (30) days following the date of public hearing on each application, unless it is withdrawn by the petitioner. Such findings of fact shall include all of the following:

(1)

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

(2)

Desirability: That such use will not under the circumstances of the particular case be detrimental to the health, safety, morals or general welfare of persons residing or working in the vicinity or be injurious to property value or improvements in the vicinity;

(3)

Conformance: That the variation shall conform to the regulations and conditions specified in this chapter for such use, and with the stipulations and conditions made a part of the authorization granted by the village board.

(H)

Determination:

(1)

Zoning Board Of Appeals: The concurring vote of the zoning board of appeals shall be necessary to reverse any order, requirements, decision, or determination of the director of community development or his/her authorized designee, or to decide in favor of the applicant in any matter upon which it is authorized by this chapter to render a decision.

(2)

Village Board Of Trustees: The village board, upon receipt of the report and recommendation of the zoning board holding the public hearing, and without further public hearing, may grant by ordinance or deny any proposed variation, in accordance with applicable statutes of the State of Illinois, or may refer it back to the zoning board or other commission holding the public hearing for further consideration. Village board proceedings shall be in accordance with those established in section 30.10, "Consent Agenda", of this code.

(Ord. 163, passed 12-5-1961; Am. Ord. 94-03, passed 1-11-1994; Am. Ord. 95-62, passed 6-13-1995; Am. Ord. 02-14, passed 2-12-2002; Am. Ord. 07-110, passed 7-24-2007; Am. Ord. 07-198, passed 12-11-2007)

(A)

Approval Required: All site plans require approval of the village board prior to the issuance of a building permit for all properties within any zoning district under the village's jurisdiction. In addition to approvals required by this section, applications for building permit or land development permit within the Woodfield Regional Center, as defined in the Woodfield Regional Plan, shall be subject to the procedures and requirements established in section 154.53 of this chapter.

(B)

Authority: Site plans shall be authorized or denied by the village board in accordance with the procedural provisions of this section and the regulations and conditions set forth herein for site plan approval. No application for site plan approval for which a variance to this chapter is necessary shall be acted upon by the village board until after a public hearing before the zoning board, and the findings and recommendations of the zoning board holding such public hearing have been reported to the village board.

(C)

Initiation: An application for site plan approval may be made by any person, firm or corporation, or by an office, department, board, bureau or commission requesting or intending to request a land development permit or building permit.

(D)

Processing: An application for site plan approval shall be filed with the director of community development or his/her authorized designee on forms provided by the village and accompanied by such information as shall be established from time to time by the village and kept on file in the community development department.

(E)

Recommendation: The director of community development or his/her authorized designee shall forward all recommendations containing those stipulations and conditions to be made a part of the authorization ordinance to the village board within a reasonable time.

(F)

Requirements: The site plan shall be drawn to ensure that all the following have been addressed:

(1)

General Welfare: The proposed development should not under the circumstances of the particular case be detrimental to health, safety, morals or general welfare and should be designed to avoid or mitigate possible adverse impacts.

(2)

Compatibility: That the proposed arrangement of buildings, off-street parking and loading facilities, access, lighting, landscaping, and drainage is compatible with adjacent land uses.

(3)

Conformance: That the site plan shall conform to all applicable village policies and ordinances.

(G)

Determination: The village board, upon receipt of the site plan and authorization ordinance with applicable conditions, and without public hearing, may grant or deny any proposed plan, in accordance with applicable statutes of the State of Illinois and subsections (F)(1), (F)(2) and (F)(3) of this section, or may refer it to the zoning board and/or a standing committee, for further consideration.

(H)

Termination Of Site Plan Approval: Without need of further hearing, the site plan approval will terminate and be void, after which the use must conform to the use regulations of the district in which it is located if construction has not commenced within one year of the site plan approval ordinance. For purposes of this section, "construction" shall mean building of public or private improvements to the land in accordance with final plans approved by the village.

(I)

Review Of Expired Projects: If a project has received village board approval but said approval has expired, the petitioner for the project may have the same approved plans rereviewed through an expedited process for expired projects as long as the following conditions are met:

(1)

Said project was approved by the village board within the past three (3) years; and

(2)

If the plans are identical to what was previously approved by the village board, the project may be approved by the director of community development or designee. Additionally, the director of community development or designee may approve minor changes to the plans, but the plans must substantially conform to what was previously approved. Minor changes include plan adjustments that would not increase density, increase the floor area ratio, decrease the aggregate amount of landscaping by area or number of trees, decrease the provision of open space, change dwelling unit type, change land use, or alter the function or overall appearance of the site. Said project must also be in conformance with current zoning code requirements. This approval shall not exceed one (1) year.

(3)

If the zoning ordinance has been amended since the project was approved by the village board so the plans are not in conformance with current requirements, then the project may be reapproved by the village board following review by a standing committee.

(Ord. 163, passed 12-5-1961; Am. Ord. 94-03, passed 1-11-1994; Am. Ord. 95-62, passed 6-13-1995; Am. Ord. 98-63, passed 6-9-1998; Am. Ord. 99-53, passed 7-27-1999; Am. Ord. 05-107, passed 8-9-2005; Am. Ord. 07-110, passed 7-24-2007; Am. Ord. 07-198, passed 12-11-2007; Am. Ord. 09-108, passed 10-13-2009)

Each application for a building permit shall be accompanied by a plat, in duplicate, or duplicate prints thereof, drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape and location of the building to be erected, the size, shape and location of any existing buildings and such information as may be necessary to provide for the enforcement of this chapter. A record of applications and plats shall be kept in the office of the director of community development.

(Ord. 163, passed 12-5-1961; Am. Ord. 94-03, passed 1-11-1994; Am. Ord. 95-62, passed 6-13-1995; Am. Ord. 07-110, passed 7-24-2007)

(A)

Certificate Required Prior to Change of Use or Occupancy: Subsequent to the effective date hereof, no changes in the use or occupancy of land, nor any change of use or occupancy in any existing building shall be made, nor shall any new building be occupied for any purpose until a certificate of occupancy has been issued by the director of community development or his/her authorized designee. Every certificate of occupancy shall state that the new occupancy complies with all provisions of this chapter.

(B)

Certificate Required Prior to Excavation or Building Alteration: No permit for excavation for, or the excavation or alteration of, any building shall be issued before the application has been made and approved for a certificate of occupancy and compliance.

(C)

Records Shall be Kept: A record of all certificates of occupancy shall be kept in the office of the director of community development or his/her authorized designee and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or in a building affected by such certificate of occupancy.

(D)

Certificate Required for Nonconforming Uses: A certificate of occupancy shall be required for all nonconforming uses of land or buildings created by the passage of the ordinance codified in this chapter. Application for such certificates of occupancy for nonconforming uses shall be filed with the director of community development or his/her authorized designee by the owner or lessor of the land or building occupied by such nonconforming use within one (1) year from the effective date hereof. It shall be the duty of the director of community development or his/her authorized designee to issue a certificate of occupancy for nonconforming uses.

(E)

Violation and Abandonment: Any nonconforming use for which an occupancy permit has not been obtained in conformity with the requirements of sections 154.75 through 154.79 of this chapter shall be presumed to be operating in violation of this chapter and such use shall thereupon be abandoned.

(Ord. 163, passed 12-5-1961; Am. Ord. 94-03, passed 1-11-1994; Am. Ord. 95-62, passed 6-13-1995; Am. Ord. 97-152, passed 12-9-1997; Am. Ord. 07-110, passed 7-24-2007)

(A)

Initiation: An appeal may be taken to the zoning board by any person, firm or corporation, or by an office, department, board or bureau affected by a decision of the director of community development or his/her authorized designee. Such appeal shall be taken within such time as shall be prescribed by the zoning board by general rule, by filing with the director of community development or his/her authorized designee and with the zoning board a notice of appeal, specifying the grounds thereof. The director of community development or his/her authorized designee shall forthwith transmit to the zoning board all the papers constituting the record upon which the action appealed from was taken.

(B)

Processing: An appeal shall stay all proceedings in furtherance of the action appealed from unless the director of community development or his/her authorized designee certifies to the zoning board after the notice of appeal has been filed with his/her designee that due to the reason of facts stated in the certificate a stay would, in his/her opinion, cause imminent peril to life and property, in which case the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the zoning board or by a court of record on application, on notice to the director of community development or his/her authorized designee and on due cause shown.

(C)

Action: The zoning board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney.

(Ord. 163, passed 12-5-1961; Am. Ord. 94-03, passed 1-11-1994; Am. Ord. 95-62, passed 6-13-1995; Am. Ord. 07-198, passed 12-11-2007)

Any person, company or firm who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this chapter shall, upon conviction, be subject to a fine as established under section 10.99, "General Penalty", of this Code. A separate offense shall be deemed committed upon each day during which a violation continues to occur.

(Ord. 163, passed 12-5-1961; Am. Ord. 94-03, passed 1-11-1994; Am. Ord. 95-62, passed 6-13-1995)

(A)

Approval: The village manager or designee may administratively approve the below listed amendments to approved special use site plans and site plans approved under provision of section 154.46 of this Code:

(1)

The following projects shall qualify for an administrative amendment, as long as the subject property will still meet code requirements once the project is completed. If the subject property will not meet code requirements once the project is completed, the project cannot be approved administratively.

(a)

Installation of ground-mounted utility and mechanical equipment, provided that screening is installed per the zoning district requirements of said property.

(b)

Building additions of five hundred (500) square feet or less.

(c)

Reduction of the square footage of a business that has received special use approval.

(d)

Commercial patio additions of no more than five hundred (500) square feet in area.

(e)

Reduction in the quantity of healthy trees on a property, provided that the property meets the minimum requirements of the landscape and screening ordinance.

(f)

Minor changes to a building's facade or exterior building materials which are in general conformance with the approved site plans.

(g)

Designation of parking spaces for use as short-term parking.

(h)

Requests for reductions or modifications to parking requirements:

1.

Reduction of up to ten percent (10%) of the required parking:

a.

Parking counts must be provided to the village for evaluation of the request.

2.

Reduction of up to twenty percent (20%) of the required parking for commercial shopping centers or established multi-tenant developments with a shared parking agreement:

a.

Parking counts and shared parking agreement (if applicable) must be provided to the village for evaluation of the request.

The director of community development or authorized designee has the authority to refer approval of an administrative parking variation request to the zoning board of appeals for review.

(B)

Appeal: An appeal of the village manger or designee's determination may be made to the village board by filing a written appeal within ten (10) days of the village manager or designee's written determination with the community development department. Such written appeal must state the reasons for the appeal and specifically address the criteria for administrative amendments listed in subsection (A) of this section.

(Ord. 163, passed 12-5-1961; Am. Ord. 90-170, passed 11-12-1990; Am. Ord. 94-03, passed 1-11-1994; Am. Ord. 95-62, passed 6-13-1995; Am. Ord. 97-61, passed 6-10-1997; Am. Ord. 07-110, passed 7-24-2007; Am. Ord. 07-198, passed 12-11-2007; Am. Ord. 11-079, passed 9-13-2011; Am. Ord. 13-115, passed 11-19-2013; Am. Ord. 21-004, passed 1-12-2021)

(A)

Coordination With all Other Codes and Ordinances:

(1)

All new houses shall meet the applicable regulations of the zoning ordinance, unless the village board has approved variations from those development regulations. Variations shall be reviewed in detail and with great care in order to protect the surrounding neighborhood.

(2)

Construction activity shall only occur during regulated working hours and noise levels shall be in conformance with applicable ordinances of the Village of Schaumburg.

(3)

The grading plan shall meet the applicable regulations of the subdivision and land development ordinance, unless the village board has approved variations from those regulations. Variations shall be reviewed in detail and with great care in order to protect the surrounding neighborhood.

(4)

All new homes shall meet the applicable regulations of the building code, unless the village board has approved variations from those development regulations. Variations shall be reviewed in detail and with great care in order to protect the surrounding neighborhood.

(5)

Construction and tree protection fencing shall be installed accordingly to protect the public during construction or demolition of said site and be of a type approved by the director of community development or designee.

(6)

The sidewalk located in front of the new house shall be replaced for the entire frontage of the property if it has been damaged during construction or contains any trip hazards or other unsafe conditions, and shall be paid for solely by the developer or contractor. Corner lots shall require replacement of sidewalks along both sides that the property has street frontage if damaged during construction or contains any trip hazards or other unsafe conditions.

(B)

Design Guidelines: Neighborhoods which exhibit the greatest potential to experience tear downs were generally built with single-story homes. Where a tear down is two (2) stories or greater, care should be used in the design of the new house in order to coordinate with the surrounding neighborhood. Design features which visually break up the front of the house and deemphasize height should be used. Examples of break up techniques are: One-story front porches; compatible horizontal window placement; compatible roof pitch; and garage door placement and sizing which does not overwhelm the front of the house.

(C)

Tree and Landscape Preservation: All existing trees on the lot which are four (4) caliper inches or more in diameter for deciduous trees and five (5) feet or taller for evergreen trees, shall be identified as part of a tree and landscape preservation plan. Trees located in the public right-of-way shall be preserved, and should changes be proposed to trees within the public right-of-way, those trees to be removed or relocated shall be made in conformance with section 154.135 of this chapter except when there are underground utility conflicts as referenced in subsection 154.135(B)(3)(b) of this chapter, which may be amended from time to time. All single-family residential properties shall provide trees on the lot in accordance with subsection 154.136(N) of this chapter which may be amended from time to time.

(D)

Plan Preparation: All applications for demolition permits and building permits for single-family residential tear down and replacements shall be called a tear down and replacement plan. Each tear down and replacement plan shall include:

(1)

A site plan;

(2)

Architectural plans which meet the design guidelines for all sides of the proposed house;

(3)

A tree and landscape preservation plan;

(4)

A grading plan showing proposed grades; and

(5)

A utility plan showing the existing and proposed water and sewer lines.

(E)

Public Hearing Required: All applications for a tear down and replacement plan shall be reviewed at a public hearing of the plan commission. Notice shall be made in conformance with section 154.41 of this chapter.

(Ord. 03-37, passed 3-11-2003; Am. Ord. 07-051, passed 3-27-2007; Am. Ord. 07-165, passed 10-23-2007; Am. Ord. 07-179, passed 11-13-2007)

Prior to the issuance of a building permit or land development permit for new construction or additions, except for indoor alteration of a building or minor modification as described in section 154.51 of this chapter all development proposed for construction within the Woodfield Regional Center shall be subject to design review process as described in this section. This review may be done in conjunction with site plan review as required in this chapter.

(A)

Purpose: The Woodfield Regional Center, as indicated in the boundary map attached to the ordinance codified herein, is the primary economic core of the Village of Schaumburg. Given its unique importance to the economy of the village and the image of the region, the village has determined that special attention shall be given to the location and design of all sites, structures and buildings within the area so as to:

(1)

Assure a consistent quality of development;

(2)

Protect the private and public investments within the area;

(3)

Enhance the work, shopping and residential environments found within;

(4)

Maintain a high degree of construction and design consistent with the character of the district; and

(5)

Maintain and develop an identifiable image for the Woodfield Regional Center.

(B)

Scope Of Review: Design review shall encompass all aspects of site layout and exterior building design as addressed in the "Woodfield Regional Center Design Guidelines".

(C)

Review Body: Design review shall be the responsibility of village project review group which shall make recommendations for approval to the zoning board of appeals and/or the village board of trustees as governed by the review findings.

(D)

Submission Requirements: All requests for design review shall file an application with the community development department which shall include all materials required on the forms provided by the village and kept on file in the community development department.

(E)

Procedure:

(1)

Preliminary Meeting: Any person or entity which is an owner or contract purchaser of a property within the Woodfield Regional Center may initiate the process by scheduling a meeting with the director of community development or designee to discuss the feasibility of a proposal and to become familiar with the village submittal requirements and procedures.

(2)

Submittal Of Petition: An application for design review shall be submitted to the community development department consisting of all materials as may be required.

(3)

Staff Review: Upon receipt of the complete petition by the community development department, the proposal will be scheduled for review by the village project review group (PRG). A meeting will be scheduled with the petitioner and the PRG to discuss the petition. Following the meeting, written comments will be sent to the petitioner. Additional meetings may be required with the PRG as necessary, subject to scheduling requirements of the PRG. The PRG shall prepare a report of its review findings and forward it to the village board of trustees. The report shall be reviewed by the zoning board of appeals if the petition includes other items which require review by the zoning board of appeals as stated in this chapter, in which case the zoning board of appeals shall forward a recommendation to the village board of trustees.

(a)

Standards: Review of all petitions shall reflect the guidelines and standards as contained in the document entitled "Woodfield Regional Center Design Guidelines", as well as all other applicable standards and requirements.

(b)

Exceptions From Woodfield Regional Center Design Guidelines: It is recognized that sites and building types proposed for construction in the Woodfield Regional Center may, from time to time, encounter unique circumstances due to site location, access, site use and relationship to adjacent development such that certain modifications from existing ordinance standards would enhance the development of the site specifically and the Woodfield Regional Center generally. In such cases, the director of community development shall consider the request for exception from established design requirements as part of the design review process and shall include recommendations for such waivers as part of the report submitted for review and adoption by the village board, or zoning board of appeals if required. The director of community development will evaluate each request for waiver in terms of the mission and goals stated in the Woodfield regional concept plan document and make findings of support for such waivers based upon the goals stated in that document.

(c)

Findings: Upon completion of the design review by the PRG, the PRG shall issue findings as to the acceptability of the petition. These findings shall address the following items listed below and shall be included in the report:

1.

Conformance of the petition to the "Woodfield Regional Center Design Guidelines".

2.

The basis for any suggested waivers from the guidelines.

(4)

Zoning Board Of Appeals Action: If the petition requires action by zoning board of appeals, it shall conduct a public review of the design review findings as part of any public hearing required by the petition. Upon the conclusion of its review, the zoning board of appeals will submit a recommendation to grant, deny, wholly or in part, or modify the petition including the design review findings report. The zoning board of appeals may recommend such special conditions in the approval of the petition as it deems necessary to ensure conformity with the intent of the "Woodfield Regional Center Design Guidelines", and other established village policies, guidelines, and ordinances.

(5)

Village Board Action: Upon receipt of the report from the PRG, and the ZBA if appropriate, the village board will consider the petition and grant, deny, wholly or in part, or modify the petition as it determines appropriate. The village board may require such conditions in the approval of the petition as it may deem necessary to ensure conformity with the intent of the "Woodfield Regional Center Design Guidelines" and all other established village policies, guidelines, and ordinances. Concurrent with village board consideration of the petition, the director of community development will provide an ordinance proposal authorizing the development plan and including any special conditions as deemed necessary. The enabling ordinance and an acknowledgment of terms and conditions of proposed ordinance form will be prepared and forwarded to the owner of the subject property for review and execution, signifying acceptance of the terms and conditions. Said materials will then be forwarded to the village board, who, upon the majority vote of its entire membership, may adopt the ordinance authorizing the development plan.

(Ord. 05-107, passed 8-9-2005)

(A)

Smoking shelters shall require review as stipulated by sections 154.46 and 154.51 of this chapter, and shall abide by design standards for each zoning district as set forth in the zoning code and village comprehensive plan. Smoking shelters should be constructed of a material and design consistent with the main building to appear as part of the main building. In cases where a shelter is not located adjacent to the main building, the shelter should be designed and located to blend with and be compatible with the site layout for the property. Smoking shelters shall not be located within surface parking areas. If located within the Woodfield Regional Center, the smoking shelter shall abide by the design guidelines established for the regional center. Smoking shelters shall be prohibited on properties with commercial retail uses, except where retail uses are ancillary to the principal use of the property.

(B)

The smoking shelter may have three (3) solid or semienclosed sides as defined in section 95.15 of this Code. The fourth side shall remain open at all times.

(C)

The entire smoking shelter shall be a minimum of fifteen (15) feet from any entry door, operable window, outdoor eating areas and ventilation intakes that serve an enclosed area where smoking is prohibited.

(D)

The smoking shelter shall comply with all applicable building and fire code regulations.

(E)

The smoking shelter may contain a heating unit, providing it complies with building and fire code regulations, and permit approval has been granted.

(F)

New construction of a smoking shelter requires a building permit.

(G)

The smoking shelter shall be restricted to containing a minimum of one ashtray for disposal of tobacco waste. Food, drink, and other furnishings shall be prohibited.

(H)

Maintenance of the smoking shelter shall be the responsibility of the owner of the property.

(Ord. 07-122, passed 8-14-2007)

(A)

Purpose: All single-family residential properties shall comply with the FAR requirements as set forth in this chapter. FAR credits may be granted to allow a new home or room addition to exceed the baseline FAR. FAR credits shall only be issued when approved architectural features are located on the front of the home.

(B)

Approval Required: There shall be three (3) levels of review for FAR:

(1)

Baseline Review: The director of community development or authorized designee may approve a new house or room addition, not to exceed the baseline FAR as set forth in this chapter.

(2)

Midline FAR Review: The director of community development or authorized designee may approve FAR credits, not to exceed the midline FAR as set forth in this chapter.

(3)

Maximum FAR Review: The plan commission shall hear all petitions for FAR credits that exceed the midline FAR but do not exceed the maximum FAR as set forth in this chapter.

(C)

Authority: FAR credits exceeding the midline FAR but not exceeding the maximum FAR shall be authorized by ordinance or denied by the village board in accordance with the procedural provisions of this section and the regulations set forth herein for FAR credits. No application to exceed the midline FAR shall be acted on by the village board until a public hearing is held before the plan commission and the findings and recommendations of the plan commission holding said public hearing have been reported to the village board.

(D)

Requirements:

(1)

FAR Credit Calculation:

(a)

To qualify for FAR credits the new home or room addition must provide the following architectural features on the front of the home:

(b)

Only one (1) credit shall be permitted for each category of features.

(c)

Features that already exist on the home may be counted towards the FAR credit.

(d)

Any architectural features proposed must be compatible with the architectural design of the home.

(E)

Initiation: An application for FAR credits may be made by any person, firm or corporation or by an office, department, board, bureau, or commission requesting or intending to request a building permit.

(F)

Processing:

(1)

Midline FAR Credit: The director of community development or authorized designee will review the plans submitted for the building permit to determine whether the project is eligible for FAR credits.

(2)

Maximum FAR Credit: An application for a maximum FAR credit shall be filed with the director of community development or authorized designee on forms provided by the village and accompanied by such information as shall be established from time to time by the village and kept on file with the community development department.

(G)

Recommendation: Should a public hearing be required, the plan commission shall forward its recommendation in the form of a written report to the village board within a reasonable time, usually thirty (30) days following the date of public hearing on each application, unless it is withdrawn by the petitioner. Such findings of fact shall include all of the following:

(1)

Desirability: That such use will not under the circumstances of the particular case be detrimental to the health, safety, morals, or general welfare of persons residing or working in the vicinity or be injurious to property value or improvement in the vicinity.

(2)

Conformance: That the FAR credit shall conform to the regulations and conditions specified in this chapter for such use, and with the stipulations and conditions made a part of the authorization granted by the director of community development or authorized designee or village board, depending on the level of review.

(H)

Determination:

(1)

Plan Commission: The concurring vote of the plan commission shall be necessary to reverse any order, requirements, decision, or determination of the director of community development or authorized designee, or to decide in favor of the applicant in any matter upon which it is authorized by this chapter to render a decision.

(2)

Village Board Of Trustees: The village board, upon receipt of the report and recommendation of the plan commission holding the public hearing, and without further public hearing, may grant by ordinance or deny any proposed variation, or may refer it back to the plan commission or other commission holding the public hearing for further consideration. Village board proceedings shall be in accordance with those established in section 30.10, "Consent Agenda", of this Code.

(Ord. 10-028, passed 4-23-2010)

Editor's note— Ord. No. 16-021, § 3, adopted Feb. 23, 2016, repealed § 154.56, entitled "Solar Energy Systems", which derived from Ord. 10-059, passed June 8, 2010. See subsection 154.70(A) for similar provisions.

Editor's note— Ord. No. 16-021, § 4, adopted Feb. 23, 2016, repealed § 154.57, entitled "Small Wind Energy Systems", which derived from Ord. 10-059, passed June 8, 2010. See subsection 154.70(B) for similar provisions.

Editor's note— Ord. No. 16-021, § 5, adopted Feb. 23, 2016, repealed § 154.58, entitled "Geothermal and District Energy Systems", which derived from Ord. 10-059, passed June 8, 2010. See subsection 154.70(C) for similar provisions.

Editor's note— Ord. No. 16-021, § 6, adopted Feb. 23, 2016, repealed § 154.59, entitled "Solar and Wind Energy System Figures", which derived from Ord. 10-059, passed June 8, 2010. See subsection 154.70(D) for similar provisions.