(A)   Applications or other documentation subject to the procedures referenced in this subchapter, §§ 151.365 through 151.369, 151.380 through 151.383, 151.395 through 151.398, 151.410 through 151.415, 151.430 through 151.436 and 151.450 through 151.461, to the extent submission of applications or other documents are required, shall be presented to the named authority.

   (B)   Following receipt, the documents shall be examined by the appropriate authority and if in substantial conformity with the ordinances, in the opinion of village staff, it will be processed in accordance with the terms of this subchapter, §§ 151.365 through 151.369, 151.380 through 151.383, 151.395 through 151.398, 151.410 through 151.415, 151.430 through 151.436 and 151.450 through 151.461.

   (A)   An initial certificate of zoning compliance shall be required to develop land, establish or erect a new use or structure, or enlarge, extend, alter, relocate or reconstruct an existing use or structure. Where structural work occurs, this certificate is equivalent to a building permit. Every applicant for an initial certificate of zoning compliance shall submit to the village staff, in graphic and/or narrative form, all the items of information listed below that are applicable to the particular project. The village staff shall decide which items are applicable.

   (B)   Items of information:

      (1)   Name and address of the applicants;

      (2)   Name and address of the owner or operator of the proposed structure or use, if different from division (B)(1) above;

      (3)   Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees and similar matters;

      (4)   Location of the proposed use or structure and its relationship to existing adjacent uses or structures;

      (5)   Area and dimensions of the site for the proposed structure or use;

      (6)   Existing topography of the site (USGS ten-foot contour data is acceptable) and two-foot contours of proposed finished grade (in flatter areas, staff will require two-foot contours of existing topography to ensure owner's design professional has considered existing contours properly);

      (7)   Existing and proposed screening, landscaping and erosion control features on the site, including the parking area;

      (8)   Height and setbacks of the proposed structure;

      (9)   Number and size of proposed dwelling units, if any;

      (10)   Location and number of proposed parking/loading spaces and accessways;

      (11)   Identification and location of all existing proposed utilities, whether public or private; and/or

      (12)   Any other pertinent information that the village staff may require.

   (C)   The village staff shall not issue an initial certificate of zoning compliance unless, following consultation with technically qualified persons as necessary, staff determines that the proposed work conforms to the applicable provisions of the Development Code. This conformance shall include, but not be limited to, the requirements of §§ 151.299 and 151.415. The certificate shall be valid for one year, unless revoked for failure to abide by a corrective action order or if physical work on the site is not begun within six months of issuance. The village staff may renew such certificate for successive one-year periods upon written request by the applicant; provided, the person is making a good faith effort to complete the authorized work. The extension request shall be filed by the village staff with the original application.

   (A)   Whenever the village staff finds, by inspection or otherwise, that any lot, structure, or use, or work thereon, is in violation of the Development Code, staff shall serve a corrective action order upon the responsible party in one of the following ways:

      (1)   Delivered in person;

      (2)   Sent by registered mail to last known address; or

      (3)   Posted in a conspicuous place on or about the affected premises.

   (B)   The order to take corrective action shall be in writing and shall include:

      (1)   A description of the premises sufficient for identification;

      (2)   A statement indicating the nature of the violation;

      (3)   A statement of the remedial action necessary to effect compliance;

      (4)   The date by which the violation must be corrected;

      (5)   A statement that the alleged violator is entitled to a conference with the village staff if he or she so desires;

      (6)   The date by which an appeal of the corrective action order must be filed and a statement of the procedure for so filing; and

      (7)   A statement that failure to obey a corrective action order shall result in revocation of the certificate of zoning compliance and may result in imposition of fines.

   (C)   In such case that the village staff states on the corrective action order that the violation must cease immediately, the corrective action order is equivalent to a stop order. Also, in the event that such violation poses an imminent peril to life or property, staff may institute, without notice or hearing, any emergency measures considered necessary to alleviate the perilous condition.

   Any person may submit a written complaint whenever any violation of the Development Code occurs, or is alleged to have occurred. The village staff shall file the complaint, investigate as soon as possible, and if necessary, institute corrective action.

   A final certificate of zoning compliance shall be required to use, occupy or put into operation any land developed, new use or structure established or erected, or existing use or structure enlarged, extended, altered, relocated or reconstructed; provided that, the work required an initial certificate of zoning compliance. Upon written request and payment of required fee by the applicant, the village staff shall inspect the work authorized by the initial certificate. If it is determined that the work has been completed in accordance with approved plans, the applicant shall receive the final certificate.

   (A)   Generally. A special use permit shall be required to establish or erect a use or structure which is listed in the applicable zoning district in Schedule A as a special use. Applicants for a special use permit for any use classified as an adult use shall provide additional information to demonstrate compliance with § 151.183.

   (B)   Application.

      (1)   An application (see division (A) above) shall be submitted for a special use permit to the village staff, and the application along with a staff advisory report, will be forwarded to the Planning Commission for consideration as herein provided. The application shall be accompanied by a non-refundable fee (See Chapter 34.)

      (2)   Items of information (in narrative and/or graphic form):

         (a)   Name and address of the applicant;

         (b)   Name and address of the owner or operator of the proposed structure or use, if different from division (B)(2)(a) above;

         (c)   Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees, and similar matters;

         (d)   Location of the proposed use or structure, and its relationship to existing adjacent uses or structure;

         (e)   Area and dimensions of the site for the proposed structure or uses;

         (f)   Existing topography of the site, with two-foot contours, and proposed finished grade;

         (g)   Existing and proposed screening, landscaping and erosion control features on the site, including the parking area;

         (h)   Height and setbacks of the proposed structure;

         (i)   Number and size of proposed dwelling units, if any;

         (j)   Location and number of proposed parking/loading spaces and accessways;

         (k)   Identification and location of all existing or proposed utilities, whether public or private;

         (l)   Owner's design professionals certification that all Code requirements are being met and an analysis of the effect on public utilities and traffic circulation;

         (m)   For original submittal, two copies (24" by 36" size) of the plan will be submitted with the application. After review and modifications applicant to submit two copies (24" by 36" size) plans and ten copies (11" by 17" size) plans; and

         (n)   Any other pertinent information that the Administrator may require.

   (C)   Public hearing. The Planning Commission shall hold a public hearing on every special use permit application within a reasonable time after the application is submitted. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date and place of the hearing and the nature of the proposed special use shall be given not more than 30, nor less than 15, days before the hearing.

      (1)   The applicant will give notice by certified mail or notarized signatures on a sheet to all parties whose property would be directly affected by the proposal and must include all adjoining property owners. The applicant shall submit to the village staff prior to the public hearing proof (certified return receipt) that all parties have been notified. If proof is not given at least one business day prior to the public hearing, the application shall be removed from the agenda and the public hearing must be rescheduled.

      (2)   The village will publish notice in a newspaper of general circulation within its municipality at the applicant's expense.

   (D)   Recommendation, factors considered.

      (1)   (a)   After the public hearing, the Planning Commission shall submit a recommendation to the Village Board of Trustees. In deciding what recommendation should be given, the Planning Commission shall consider the following:

            1.   Whether the proposed design, location and manner of operation of the proposed special use will adequately protect the public health, safety and welfare, and the physical environment;

            2.   The effect of the proposed special use on neighboring property value and the overall tax base;

            3.   The effect of the proposed special use on public utilities and traffic circulation on nearby streets; and

            4.   Whether there are any facilities near the proposed special use (such as schools or hospitals) that require special protection.

         (b)   The recommendation, when the applicant is proposing an adult use, must show compliance with the requirements and development standards hereof.

      (2)   The Plan Commission may recommend conditions on which the special use be approved.

   (E)   Action by Village Board of Trustees.

      (1)   The Village Board of Trustees shall act on every request for a special use permit at its next regularly scheduled Board meeting (not a committee at large meeting) following submission of the Planning Commission's recommendation. The Village Board may place additional conditions on which the special use is approved or modify the conditions recommended by the Planning Commission. Without further public hearing, the Village Board of Trustees may grant a special use permit by a vote passed by simple majority vote of all members then holding office.

      (2)   If a request for a special use is denied by the Village Board, a special use resubmittal, on the parcel, by the same owner/applicant, will not be accepted by the village for one year following the Village Board meeting at which the denial was made.

      (3)   Any special use so granted, shall be based on submittals made to the village prior to the vote of the Village Board. Any modifications or alterations proposed after the vote shall not be considered or accepted. Should the applicant wish to modify from the original submittal, the special use process shall begin again and public hearings, recommendations and votes be taken on the new special use request.

(Am. Ord. 2020-03-02A, passed 3-2-2020)

   (A)   Generally. The Village Board of Trustees may amend this Development Code in accordance with state law (Illinois Compiled Statutes) and the provisions of this section. Amendments may be proposed by the Village Board of Trustees, the village staff, the Village Planning Commission or any party in interest.

   (B)   Application.

      (1)   An application (see § 151.340) shall be submitted to the village staff and the application along with a staff advisory report, will be forwarded to the Planning Commission for consideration as herein provided. The application shall be accompanied by a non-refundable fee. (See Chapter 34.)

      (2)   Every Amendment proposal shall also be filed with the St. Clair County Soil and Water Conservation District by the applicant and evidence of same furnished with the application to the village.

      (3)   Applicant, at a minimum, to include the following items of information (in narrative and/or graphic form):

         (a)   Name and address of the applicant;

         (b)   Name and address of the owner or operator of the proposed structure or use, if different from division (B)(3)(a) above;

         (c)   Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees and similar matters;

         (d)   Location of the proposed use or structure, and its relationship to existing adjacent uses or structure;

         (e)   Area and dimensions of the site for the proposed structure or uses;

         (f)   Existing topography of the site, with two-foot contours and proposed finished grade;

         (g)   Number and size of proposed dwelling units, if any;

         (h)   Location and number of proposed parking/loading spaces and accessways;

         (i)   Identification and location of all existing utilities;

         (j)   For original submittal, two copies (24" by 36" size) of the plan will be submitted with the application. After review and modifications applicant to submit two copies (24" by 36" size) plans and ten copies (11" by 17" size) plans; and

         (k)   Any other pertinent information that the Administrator may require.

   (C)   Public hearing, notice. The Village Planning Commission shall hold a public hearing on every amendment proposal within a reasonable time after said proposal has been submitted. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date and place of the hearing, and the nature of the proposed amendment shall be given not more than 30, nor less than 15, days before the hearing.

      (1)   The applicant will give notice by certified mail or notarized signatures on a sheet to all parties whose property would be directly affected by the proposal and must include all adjoining property owners. Applicant shall submit to the village staff prior to the public hearing proof (certified return receipt) that all parties have been notified. If proof is not given at least one business day prior to the public hearing, the application shall be removed from the agenda and the public hearing must be rescheduled.

      (2)   The village will publish notice in a newspaper of general circulation within its municipality at the applicant's expense.

   (D)   Recommendation, findings of fact. After the public hearing, the Planning Commission shall submit a recommendation to the Village Board of Trustees. This recommendation shall state the Village Planning Commission’s findings regarding adoption of the proposed amendment.

   (E)   Action by Village Board of Trustees. The Village Board of Trustees shall act on every proposed Amendment at its next regularly scheduled meeting (not a committee at large meeting) following submission of the Village Planning Commission's recommendation. Without further public hearing, the Village Board of Trustees may pass any proposed Amendment or may refer it back to the Village Planning Commission for further consideration, by simple majority vote of all members then holding office.

      (1)   If a request for an amendment is denied by the Village Board, an amendment/rezoning request, on same parcel, by the same owner/applicant, will not be accepted by the village, for one year following the Village Board meeting at which the denial was made.

      (2)   Exception: The favorable vote of at least two-thirds of all the members of the Village Board of Trustees is required to pass an amendment to this Development Code when the proposed amendment is opposed, in writing, by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered.

(Am. Ord. 2020-03-02A, passed 3-2-2020)

   (A)   Generally. Any person aggrieved by any decision or order of the village staff in any matters related to the interpretation or enforcement of any provision of this Code may appeal to the Village Board of Appeals. In no case can an appeal be made on construction document interpretation after the work has been completed. Every such appeal shall be made and treated in accordance with the provisions of this section.

   (B)   Filing, record transmittal.

      (1)   Every appeal shall be made within 28 days of the matter complained of by filing with the village staff a written notice specifying the grounds for appeal.

      (2)   An application shall be submitted for an appeal to the village staff who will review it to ensure it is complete. If it is incomplete, staff will notify the applicant that the application is invalid, and not a submittal of record. If staff certifies the application as complete, it will be forwarded to the Board of Appeals for consideration as herein provided.

      (3)   The appeal application shall include at a minimum: The specific portion(s) of the ordinance or construction documents which applicant feels have been incorrectly interpreted and a list of specific code sections or construction documents in dispute. For construction document interpretation claims, the application must include an opinion from a licensed design professional stating that staff interpretation is not correct and design professional's technical opinion of why it has been misinterpreted. A list of all property owners to whom the notice (see division (C) below) must be sent.

      (4)   The village staff shall transmit to the Village Board of Appeals all records pertinent to the case.

   (C)   Public hearing, notice. The Village Board of Appeals shall hold a public hearing on every appeal within a reasonable time after filing of the appeal notice. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date and place of the hearing, and briefly describing the issue to be decided shall be given not more than 30, nor less than 15, days before the hearing.

      (1)   The applicant will give notice by certified mail or notarized signatures on a sheet to all parties whose property would be directly affected by the proposal and must include all adjoining property owners. Applicant shall submit to the village staff prior to the public hearing proof (certified return receipt) that all parties have been notified. If proof is not given at least one business day prior to the public hearing, the application shall be removed from the agenda and the public hearing must be rescheduled.

      (2)   The village will publish notice in a newspaper of general circulation within its municipality.

   (D)   Stay of further proceedings.

      (1)   An appeal stays all further action on the matter being appealed unless the village staff certifies to the Village Board of Appeals, after the notice of appeal has been filed with them, that for reasons stated in the certificate, a stay would cause imminent peril to life or property. In such case, further action shall not be stayed unless the Village Board of Appeals or the circuit court grants a restraining order for due cause, and so notifies the village staff.

      (2)   Filing of an appeal on construction document interpretation shall also prohibit the applicant from performing any work in question until the decision of the Village Board.

(Am. Ord. 2020-03-02A, passed 3-2-2020; Am. Ord. 2022-05-02A, passed 5-2-2022)

   (A)   The subdivider/developer shall maintain all the improvements in the subdivision until they have been accepted by and dedicated to the village or other appropriate entity. The dedication shall occur within two years of the village staff's certification that all required improvements have been satisfactorily completed, but can only occur if the below are followed.

   (B)   (1)   Prior to dedication, the subdivider/developer shall notify the village in writing he or she is prepared to dedicate the improvements and shall post a maintenance guarantee with the village staff.

      (2)   The guarantee shall be in the form of an irrevocable letter of credit in the amount determined by the village staff to be sufficient to guarantee the satisfactory condition of the required improvements for a period of two years from the date of their acceptance and dedication.

      (3)   If, at any time during the two-year period, the improvements are found to be defective, they shall be repaired/replaced by the subdivider/developer at the subdivider's/developer's expense.

      (4)   If the subdivider/developer fails or refuses to pay such costs within 60 days after demand is made upon him or her by the village staff, the village shall have the defective items repaired and use the letter of credit to pay for the necessary repairs/replacement.

      (5)   If the cost of repairs/replacement exceeds the irrevocable letter of credit amount, the subdivider/developer shall be liable for the excess. At the end of the two-year period, the irrevocable letter of credit shall be released.

   (A)   In accordance with state law (Illinois Compiled Statutes), any plat or part thereof may be vacated by the owner of the tract, at any time before the sale of any lot therein, by a written vacation instrument to which a copy of the plat is attached.

   (B)   If there are public service facilities in any street, other public way or easement shown on the plat, the instrument shall reserve to the village or other public entity or public utility owning the facilities the property, rights-of-way and easements necessary for continuing public service by means of those facilities and for maintaining or reconstructing the same. The vacation instrument shall be approved by the Village Board of Trustees in the same manner as plats of subdivision and shall also be approved by the St. Clair County Superintendent of Highways, the Highway Commissioner of the appropriate township, the District Engineer of the State Department of Transportation and the public utilities, if involved.

   (C)   In the case of the platted tracts wherein any lots have been sold, the written vacation instrument must also be signed by all the owners of lots in said tracts.

   (A)   Generally.

      (1)   Any subdivider/developer desiring a variance from the requirements of this Development Code shall file a written application therefor with the village staff at the same time that he or she files his or her preliminary plat.

      (2)   The application shall fully explain the grounds for the variance request, and specify the section(s) of this Code which, if strictly applied, would cause great practical difficulties or hardship.

      (3)   The village staff shall prepare an advisory report on every variance application and submit it, together with the completed application, to the Village Planning Commission.

   (B)   Review By the Village Planning Commission. The Village Planning Commission shall review the variance application and the village staff’s comments, and submit its recommendation to the Village Board of Trustees together with recommendations on preliminary plat approval. The Village Planning Commission’s recommendation shall be responsive to all the variance standards as set forth in division (C) below.

      (1)   The proposed variance is consistent with the general purposes of the Development Code;

      (2)   Strict application of the subdivision design and improvement requirements would result in great practical difficulties or hardship to the applicant, not a mere inconvenience;

      (3)   The proposed variance is the minimum deviation from the requirements that will alleviate the difficulties/hardship;

      (4)   The plight of the applicant is due to peculiar circumstances not of his or her own making;

      (5)   The peculiar circumstances engendering the variance request are not applicable to other tracts and, therefore, that a variance would be more appropriate remedy than an amendment;

      (6)   The variance, if granted, will not substantially impair implementation of the village's Development Code including the Official Map; and

      (7)   The proposed variance is not based upon complaint of lack of reasonable return or hardship because applicant paid more for property than it was worth basing the purchase price upon anticipation of obtaining a variance or hardship because applicant failed to exercise due diligence in researching the limitations of the site.

(Am. Ord. 2020-03-02A, passed 3-2-2020)