A.   Applicability: The common provisions of this section apply to all the review and approval procedures in this chapter unless otherwise expressly stated.

   B.   Review and Decision-making Authority (Summary Table): Table 12-1 provides a summary of the review and approval procedures of this chapter. In the event of conflict between this summary table and the detailed procedures contained elsewhere in this chapter, the detailed procedures govern.

 

   C.   Applications and Fees:

      1.   Owner-initiated Applications: Whenever the provisions of this zoning ordinance allow the filing of an application by the owner of the subject property, that application must be filed by all record title owners of the real properties that are the subject of the application or the property owners' authorized agent.

      2.   Pre-application Meetings:

         a.   Purpose: Pre-application meetings provide an early opportunity for staff and applicants to discuss the procedures, standards and regulations required for development approval under this zoning ordinance.

         b.   Applicability:   Pre-application meetings are required whenever the provisions of this zoning ordinance expressly state that they are required. They are encouraged in all cases.

         c.   Scheduling: Pre-application meetings must be scheduled with the zoning official.

         d.   Guidelines: The zoning official is authorized to establish guidelines for pre-application meetings, including information that should be provided and any available alternatives to face-to-face meetings, such as telephone conversations and email correspondence.

      3.   Form of Application:

         a.   Applications required under this zoning ordinance must be submitted in a form and in such numbers as required by the official responsible for accepting the application. Applications must include materials and information to assist authorized review and decision-making bodies in their consideration of the application, including at least the following:

         (1)   A list of the names and addresses of all owners of record of the property that is the subject of the application; and

         (2)   Maps, plats, surveys, dimensioned site plans, engineering documents, environmental reports, traffic studies, and other materials and information, as required by this zoning ordinance or application checklists established by the official responsible for accepting the application. Application forms and submittal requirements must be made available to the general public.

      4.   Filing Fees and Deposits:

         a.   General: Petitions for zoning map amendments, planned unit developments, special use permits, variances, and appeals of administrative decisions must be accompanied by an application fee and such deposits for reimbursable out-of-pocket expenses as described in this section. No action may be taken on such petitions until the fee has been paid and required deposits made unless the board of trustees waives otherwise applicable requirements. All petitioners are required to pay any out-of-pocket expenses incurred by the village in the review and consideration of their petition by the village, including, but not limited to, engineering fees, legal fees, and expenses of such other consultants as the village deems appropriate and necessary.

         b.   Deposits:

         (1)   Petitions for variances and appeals of administrative decisions must be accompanied by a fee of two hundred dollars ($200.00) and a deposit into a non-interest-bearing, nonsegregated account held by the village treasurer equal to one hundred and twenty-five percent (125%) of estimated reimbursable expenses, if any, as determined by the zoning official.

         (2)   Petitions for preliminary subdivision plat approval, final subdivision plat approval annexation, special use permit approval, zoning text or map amendments, or any combination of such petitions, when filed, must be accompanied by a cash deposit into a noninterest-bearing, nonsegregated account. The amount of the minimum initial deposit is based on the following formula (based on the area of the subject property):

            (a)   Less than five (5) acres: two thousand dollars ($2,000.00).

            (b)   More than five (5) acres but less than twenty (20) acres: seven thousand five hundred dollars ($7,500.00).

            (c)   Twenty (20) acres or more: twenty thousand dollars ($20,000.00).

         (3)   In lieu of a cash deposit, an applicant or petitioner may elect to post with the village an irrevocable letter of credit in an amount of at least two hundred percent (200%) of the otherwise required cash deposit. The form and provider of any letter of credit is subject to village review and approval.

         (4)   All applicants and petitioners are required to make additional deposits with the village as may be necessary to maintain a balance in such account equal to the required minimum initial deposit until no further expenditures or charges by the village are reasonably anticipated.

         (5)   The village may, at its sole discretion, retain such professionals, experts and/or consultants as it deems necessary for a full and complete review and consideration of any application or petition. Such professionals, experts and/or consultants may include, but are not limited to, attorneys, engineers, land planners, environmentalists, conservationists, arborists, architects, landscape architects, surveyors, soil experts and such other professionals, experts or consultants as the village deems necessary and the cost of such services must be borne by the petitioner or applicant.

         (6)   The applicant or petitioner is required to reimburse the village for all expenses incurred by the village relative to the respective application or petition, including, but not limited to, fees for the services of any and all of the foregoing professionals, experts and consultants relative to the respective petition or application as well as charges for the publication of legal notices, recording secretaries and/or court reporters.

         (7)   Required deposits and funds must be used by the village for the payment of such expenses in the event that the applicant or petitioner fails to make payment to the village for such reimbursement at least seventy-two hours (72) hours before the commencement of the next scheduled hearing or meeting of the village on the subject application or petition or sixty (60) days from the date on which billing is mailed to the applicant or petitioner, whichever is sooner. The obligation of the applicant or petitioner to reimburse the village is not limited by the amount on deposit from time to time.

         (8)   Any portion of such deposited funds that are not expended by the village must be refunded to the applicant or petitioner at such time as no further expenditures or charges by the village are reasonably anticipated.

         (9)   When it appears to the mayor that the proposed project will involve additional expenditures by the village, the applicant or petitioner is required to deposit with the village treasurer such additional amounts reasonably necessary to pay the estimated amount of such expenses and charges. Such deposits must be made or increased from time to time as reasonably required by the village but any such additional deposit must be made at least seventy-two (72) hours before the commencement of the next hearing or meeting by the village on the subject application or petition or sixty (60) days from the date on which any written request by the village for such additional deposit is mailed to the petitioner or applicant, whichever is sooner. Any portion of such deposit not expended by the Village must be refunded to the applicant or petitioner at such time as no further expenditures or charges by the Village are reasonably anticipated.

         c.   Remedies Upon Noncompliance:

         (1)   If any applicant or petitioner fails to comply with any of the foregoing fee and deposit provisions, the village, in addition to such other penalties and remedies provided by law or the provisions of this zoning ordinance and the other applicable ordinances of the village and any officer, employee, board, committee or commission of the village may refuse to:

            (a)   Process applications for permits;

            (b)   Make inspections as otherwise required;

            (c)   Issue any applicable permits; and

            (d)   Commence or further conduct hearings or meetings on the subject application or petition matter if the applicant or petitioner has failed to comply with this title at least seventy-two (72) hours before the scheduled hearing or meeting.

         (2)   In addition to the foregoing remedies, and not by way of limitation, the village may bring any action at law to collect any amounts due under any of the foregoing fee and deposit provisions.

      5.   Application Completeness, Accuracy and Sufficiency:

         a.   An application will be considered complete and ready for processing only if it is submitted in the required number and form, includes all required information, and is accompanied by the required fees and deposits.

         b.   The official responsible for accepting the application must make a determination of application completeness within ten (10) business days of application filing.

         c.   If an application is determined to be incomplete, the official responsible for accepting the application must provide notice to the applicant along with an explanation of the application's deficiencies. Notice of an incomplete application may be provided by personal service, electronic mail, or first-class mail.

         d.   No further processing of incomplete applications will occur and incomplete applications will be pulled from the processing cycle. When the deficiencies are corrected, the application will be placed in the first available processing cycle. If the deficiencies are not corrected by the applicant within sixty (60) days, the application will be deemed to have been withdrawn.

         e.   Applications deemed complete will be considered to be in the processing cycle and will be reviewed by staff and other review and decision-making bodies in accordance with applicable review and approval procedures of this zoning ordinance.

         f.   The official responsible for accepting the application may require that applications or plans be revised before being placed on an agenda for possible action if the zoning official determines that:

         (1)   The application or plan contains one or more significant inaccuracies or omissions that hinder timely or competent evaluation of the plan's/application's compliance with zoning ordinance requirements or other regulations;

         (2)   The application contains multiple minor inaccuracies or omissions that hinder timely or competent evaluation of the plan's/application's compliance with zoning ordinance requirements or other regulations; or

         (3)   The decision-making body does not have legal authority to approve the application.

   D.   Application Processing Cycles: Officials responsible for accepting applications, after consulting with review and decision-making bodies, are authorized to promulgate reasonable cycles and timelines for processing applications, including deadlines for receipt of complete applications.

   E.   Public Hearing Notices:

      1.   Published Notice: When the provisions of this zoning ordinance require published (newspaper) notice of a public hearing, the required notice must be published at least once in a newspaper of general circulation in South Barrington at least fifteen (15) days before and no more than thirty (30) days before the public hearing.

      2.   Written (Mailed) Notice:

         a.   When the provisions of this zoning ordinance require mailed notice to neighboring property owners, applicants must provide written notice by certified mail, return receipt requested to all owners of property within two hundred and fifty feet (250') of the subject property, as measured from property line to property line, but excluding public rights-of-way. (See Figure 12-1) Property owner information must be taken from the tax records of Cook County.

         b.   Mailed notices must be postmarked at least fifteen (15) days before the public hearing.

         c.   If, after a bona fide effort to provide mailed notice, neighboring property owners cannot be located or the mailed notice is returned because the owner cannot be found at the last known address, the mailed notice requirements of this provision are deemed to be satisfied.

         d.   In addition to providing mailed notice, the applicant must furnish to the zoning official a complete list containing the names and addresses of property owners to whom notices were mailed, all returned certified mail receipts, and a written statement affirming that applicable mailed notice requirements of this zoning ordinance have been met.

      3.   Posted Notice (Signs): When the provisions of this zoning ordinance require the posting of notice signs, at least one public hearing notice sign must be posted per two hundred feet (200') of street frontage, with a least one sign per street frontage.

      4.   Information in Required Notices: Required notices must include at least the following information:

         a.   The address or legal description of the property that is the subject of the hearing;

         b.   A summary of the nature of the application;

         c.   The time and place of the hearing; and

         d.   A contact for further information on the matter.

      5.   Additional Courtesy Notice:

         a.   In addition to required public hearing notices, the village is authorized to provide or require that the applicant provide one or more of the following forms of additional notice of public hearings required under this zoning ordinance:

         (1)   Mailing notices to village-registered property owners' associations or neighborhood organizations whose boundaries include the subject property;

         (2)   Posting notices in village hall or in other government buildings; and

         (3)   Publishing notice on the village website.

         b.   Failure to provide any form of courtesy notice that is not required by state law or any defect in such courtesy notice does not invalidate, impair, or otherwise affect any application, public hearing or decision rendered in respect to the matter under consideration.

   F.   Hearing Procedures:

      1.   At required public hearings, interested parties must be permitted to submit information and comments, verbally or in writing. The hearing body is authorized to establish reasonable rules and regulations governing the conduct of hearings and the presentation of information and comments.

      2.   Once commenced, a public hearing may be continued by the hearing body. No re-notification is required if the continuance is set for a specified date and time and that date and time is announced at the time of the continuance.

      3.   If a public hearing is continued or postponed for an indefinite period from the date of the originally scheduled public hearing, new public hearing notice must be given before the rescheduled public hearing.

      4.   If the applicant requests and is granted a continuance or postponement requiring renotification, the applicant must pay any costs of renotification.

   G.   Action by Review Bodies and Decision-Making Bodies:

      1.   In taking action under the procedures of this chapter, review and decision-making bodies must act by simple majority vote of a quorum, unless otherwise expressly stated in this title or required by law.

      2.   Review and decision-making bodies may take any action that is consistent with:

         a.   The regulations of this zoning ordinance;

         b.   Any rules or by-laws that apply to the review or decision-making body; and

         c.   The notice that was given.

      3.   In acting on zoning map amendments, review and decision-making bodies are expressly authorized to recommend and approve a less intensive zoning district classification than the zoning district that was described in required public notices.

      4.   Review and decision-making bodies are authorized to continue a public hearing or defer action in order to receive additional information or further deliberate.

   H.   Conditions of Approval: When decision-making bodies approve applications with conditions, the conditions must relate to a situation created or aggravated by the proposed use or development and must be roughly proportional to the impacts of the use or development.

   I.   Decision-Making Criteria; Burden of Proof or Persuasion: Applications must address relevant review and decision-making criteria. In all cases, the burden is on the applicant to show that an application or proposal complies with all applicable review or approval criteria.

   J.   Required Time-frames for Action: Any time limit specified in this zoning ordinance for any decision or action on behalf of a review or decision-making body may be extended if the applicant agrees to an extension. Unless otherwise expressly stated, if a review or decision-making body does not render a decision or take action within any time period required under this zoning ordinance and the applicant has not agreed to an extension of that time limit, the application is deemed denied. (Ord. 2025-1446, 10-9-2025)

   A.   Authority to File:

      1.   Amendments to the text of this zoning ordinance may be initiated only by the board of trustees.

      2.   Amendments to the zoning map may be initiated by the board of trustees, the owner of the property that is the subject of the proposed zoning map amendment, or by the subject property owner's authorized agent.

   B.   Application Filing: Property owner-initiated applications for zoning map amendments must be filed with the zoning official.

   C.   Review and Recommendation-Zoning Official: Upon initiation of a zoning text amendment or receipt of a complete application for a zoning map amendment, the zoning official must prepare a report and recommendation on the proposal. The report must be transmitted to the plan commission/zoning board of appeals before their public hearing on the proposed amendment.

   D.   Notice of Hearing:

      1.   In all cases, notice of the required public hearing on zoning ordinance text and map amendments must be published in the newspaper in accordance with Section 10-12-1E.1.

      2.   The zoning official is also authorized to require that the applicant provide written (mailed) notice and posted (sign) notice in accordance with Sections 10-12-1E.2 and 10-12-1E.3, and 10-12-1E.3 respectively.

   E.   Hearing and Recommendation-Plan Commission/Zoning Board of Appeals: The plan commission/zoning board of appeals must hold a public hearing on the proposed amendment. Following the public hearing, the plan commission/zoning board of appeals must act to recommend that the proposed amendment be approved, approved with modifications, or denied and transmit its recommendation to the board of trustees. If the plan commission/zoning board of appeals arrives at a tie vote, the application may be forwarded to the board of trustees with the notation of the tie vote.

   F.   Final Action - Board of Trustees: Following receipt of the plan commission/zoning board of appeals' report and recommendation, the board of trustees must act to approve the proposed amendment, approve the proposed amendment with modifications or deny the proposed amendment. The board of trustees is also authorized to remand the proposed amendment back to the plan commission/zoning board of appeals for further consideration.

   G.   Review and Approval Criteria:

      1.   Zoning Ordinance Text Amendments: The decision to amend the zoning ordinance text is a matter of legislative discretion that is not controlled by any one standard. In making recommendations and decisions about zoning ordinance text amendments, review and decision-making bodies must consider all relevant factors, including the comprehensive plan and changed or changing conditions necessitating the amendment.

      2.   Zoning Map Amendments: The decision to amend the zoning map is a matter of legislative discretion that is not controlled by any single standard. In making recommendations and decisions about zoning map amendments, review and decision-making bodies must consider at least the following factors:

         a.   The existing use and zoning of nearby property;

         b.   The extent to which the particular zoning restrictions affect property values;

         c.   The extent to which any diminution in property value is offset by an increase in the public health, safety and welfare;

         d.   The suitability of the subject property for the uses and purposes or which it is zoned;

         e.   The length of time that the subject property has been vacant as zoned, considering the context of land development in the vicinity;

         f.   The value to the village of the proposed use; and

         g.   The comprehensive plan. (Ord. 2025-1446, 10-9-2025)

The procedures of this section apply to the approval of all proposed planned unit development districts.

   A.   Preapplication: Prior to the filing of a property owner-initiated application for approval of a PUD preliminary plan, the applicant must provide the village administrator with an informal presentation of the proposed planned unit development. At such presentation the applicant must provide information as to the location of the proposed planned unit development, the uses, and approximate area of use categories, a list of any known exceptions to the subdivision, zoning and/or other ordinances of the village, and any other information the applicant deems necessary to clearly explain the proposed planned unit development. The village administrator may request additional information or documentation. The purpose of such preapplication presentation is not intended to provide binding opinions or advice on behalf of the village to the applicant but to make advice and assistance available to the applicant before preparation of the preliminary plan, so that the applicant may determine:

      1.   Whether the proposed planned unit development appears in general to be in compliance with the provisions of this title and other applicable ordinances;

      2.   Whether any zoning amendment, special use or other relief is required in connection with the proposed planned unit development;

      3.   Whether the proposed planned unit development is consistent with the goals and policies of the village for development.

      4.   The preapplication presentation does not require formal application, fee, or filing of a planned unit development plat.

   B.   PUD Preliminary Plan:

      1.   Purpose: The purpose of the PUD preliminary plan submission is to obtain tentative approval and/or commitments from the village that the plans, design, and program that the applicant intends to build and follow are acceptable, and that the applicant can reasonably proceed into final detailed architecture, engineering, surveying, and landscape architecture in anticipation of PUD final plan approval and subsequent construction. Approval of the PUD preliminary plan does not constitute authority to proceed with construction of any improvements, but rather constitutes an approval of the general features of the plan as a basis for preparing the PUD final plans. The PUD preliminary plan must describe all uses and must document all infrastructure, buildings, landscaping, open space, and other improvements for the property. The board of trustees may only approve PUD final plans which substantially conform to the approved PUD preliminary plan and the ordinances rezoning the property and authorizing the special uses within the Planned Unit Development District.

      2.   Submittal Requirements: See Section 10-17-1 for minimum PUD Preliminary Plan submittal requirements.

      3.   Procedures:

         a.   Application: All owner-initiated petitions for approval of a PUD must include a petition to rezone the subject property and an application for approval of a PUD preliminary plan verified by the owner(s) of record or authorized agent of said owner(s) of the property involved must be filed simultaneously with the village administrator in a form and in such numbers as prescribed by the village, which must contain or be accompanied by all required information. The application and petition must be in accordance with the provisions of this chapter and ordinance. Upon receipt of such application and petition, the village administrator must forward same to the board of trustees with the request that the board of trustees refer the matter to the plan commission/zoning board of appeals and request the plan commission/zoning board of appeals make recommendations as to whether or not the board of trustees should approve the PUD preliminary plan and grant the zoning requested. The board of trustees must refer the application and petition to the plan commission/zoning board of appeals at a regular or special meeting of the board of trustees within thirty (30) days of receiving a complete application from the village administrator.

         b.   Fees: All owner-initiated applications must be accompanied by a fee which is established by the board of trustees from time to time and a signed agreement that the applicant will pay all reasonable fees incurred by the village for consulting planners, engineers, or legal review of the proposed development.

         c.   Public Hearing: Within sixty (60) days of receipt of the petition and complete application, and after a determination that they comply with the requirements of this chapter, the plan commission/zoning board of appeals must schedule and hold a public hearing in the manner provided in this title for hearings on the rezoning of property and the granting of special uses. A record of the testimony presented at the public hearing must be made by a court reporter at the applicant's expense, and maintained by the village as part of its permanent record concerning the petition and application.

         d.   Findings of Fact: Following the close of the public hearing on the PUD preliminary plan and supporting data, the plan commission/zoning board of appeals must, within sixty (60) days, submit findings of fact and a written recommendation for approval, modification, or disapproval, and the reasons therefor, or indicate why a report cannot be rendered to the board of trustees at that time. The report must set forth in what respects the proposed plan would or would not be in the public interest and may include findings of fact on the following:

         (1)   In what respects the proposed plan is or is not consistent with the stated purpose of these planned unit development regulations;

         (2)   The extent to which the proposed plan meets or fails to meet the requirements and standards of the planned unit development district (see Section 10-4-3);

         (3)   The extent to which the physical design of the proposed plan does or does not make adequate provision for public services, provide adequate control over vehicular traffic, provide for and protect designated and common open space, and further the amenities of light, air, recreation, and visual enjoyment;

         (4)   The relationship and compatibility of the proposed plan to the adjacent properties and neighborhood;

         (5)   The desirability of the proposed plan with regard to the physical development, tax base, and economic well-being of the village;

         (6)   The extent to which the proposed plan will affect property values in the vicinity.

         e.   Conditions And Guarantees: In connection with the filed petition and application, the plan commission/zoning board of appeals may recommend, and the board of trustees may stipulate, such conditions and restrictions upon the establishment, location, design, layout, height, density, construction, maintenance, aesthetics, operation, and other elements of the planned unit development as they deem necessary for the protection of the public interest, improvement of the development, protection of adjacent areas, and compliance with this title, the village code, and all existing federal, state, and local legislation and regulation. In all cases in which the approval of a petition to rezone and application for approval of a PUD preliminary plan are subject to such conditions, the corporate board of trustees may require such evidence and guarantees as they may deem necessary that the conditions stipulated in connection with the approval of the petition to rezone and application for approval of a PUD preliminary plan will be met.

         f.   Determination: After receipt of the findings and recommendations from the plan commission/zoning board of appeals, the board of trustees, must, within sixty (60) days, unless the applicant consents in writing to an extension of time, either approve the petition for rezoning and application for approval of a PUD preliminary plan with such modifications, requirements, or conditions as it may deem necessary, or deny the petition and application. Failure of the board of trustees to act within sixty (60) days without an approved extension of time will be deemed a denial of the petition and application. The board of trustees may approve or deny a petition and application notwithstanding any contrary recommendations or findings of fact of the plan commission/zoning board of appeals. A PUD preliminary plan which fails to receive approval of the plan commission/zoning board of appeals may not be approved by the board of trustees except by a majority of the trustees then holding office. In the case of approval, or approval with modifications, the board of trustees must pass an ordinance indicating approval of the PUD preliminary plan, rezoning the property, waiving any requirements of this Zoning Ordinance or the South Barrington Village Code that are deemed overly burdensome by the Board of trustees and granting the necessary special uses, if any, contingent upon approval of the PUD final plan.

   C.   PUD Final Plan:

      1.   Purpose: The PUD final plan must designate with particularity the land to be developed and the uses to be allowed=. The PUD final plan is intended as a document to be recorded. The PUD final plan shows the exact location of facilities, while the PUD preliminary plan shows the general location of these same facilities.

      2.   Submittal Requirements: See Section 10-17-3 for minimum PUD Final Plan submittal requirements.

      3.   Procedures:

         a.   Application: The PUD final plan, or if the planned unit development is to be phased, the PUD final plan for the first phase must be filed with the village administrator, together with all supporting data required, within twenty-four (24) months of the date of approval of the PUD preliminary plan or within the time frame(s) set forth in the approved phasing schedule, if greater.

   Prior to the end of the twenty-four (24)-month period or the time frame(s) set forth in the approved phasing schedule, if greater, the board of trustees, at their discretion and for good cause, may extend for up to twelve (12) months the period for filing of the PUD final plan(s) in whole or for any phase. If the applicant fails to file a PUD final plan within the aforementioned time period, or any extension thereof, the board of trustees, on their motion, may initiate revocation of the approval of the PUD preliminary plan and/or rezoning of the subject property. Prior to such revocation and/or rezoning, the village must provide written notice to the applicant and the board of trustees must conduct a public hearing at which the applicant must be afforded an opportunity to be heard. After such public hearing, the board of trustees may adopt an ordinance revoking approval of the PUD preliminary plan and/or rezoning the property. The PUD final plan and, if the planned unit development is to be phased, all phased PUD final plans must substantially conform to the PUD preliminary plan as approved. The PUD final plan and all phased PUD final plans and supporting data must fully comply with the provisions in this title and code, as those provisions may be modified by ordinance.

         b.   Plan Commission/Zoning Board of Appeals Review: All documents of the PUD final plan must be transmitted by the village to the plan commission/zoning board of appeals for review within sixty (60) days of receipt of the application and supporting materials. The plan commission/zoning board of appeals must review the PUD final plan for its conformance with the approved PUD preliminary plan and other requirements of this chapter. The plan commission/zoning board of appeals must recommend approval or disapproval, and provide the reasons therefor, to the board of trustees. The plan commission/zoning board of appeals may not make a recommendation on the PUD final plan until it has received written notice of approval of the final engineering plans by the village engineer. The plan commission/zoning board of appeals is expressly authorized to recommend approval of a PUD final plan that includes minor changes from the approved preliminary plan.

         c.   Final Engineering Plans: The final engineering plans and accompanying documents must be submitted to the village administrator with the application for approval of PUD final plan. The village administrator must forward the final engineering plans to the village engineer for review and approval or revision based on all applicable ordinances. The village engineer must send written notice to the plan commission/zoning board of appeals, board of trustees and village administrator within forty-five (45) days of receipt of the final engineering plans that they have been approved, approved with modifications, or disapproved. See Section 10-17-2 for minimum PUD Engineering Plan submittal requirements.

         d.   Final Action: If the PUD final plan substantially complies with the PUD preliminary plan and satisfies all other requirements of this title, the board of trustees, within sixty (60) days of receipt of the aforesaid findings and recommendations from the plan commission/zoning board of appeals, must approve the PUD final plan. If approved, the board of trustees must pass an ordinance approving the PUD final plan or phase thereof.

         e.   Recording: The approved PUD final plan must be filed with the appropriate recorder of deeds and all recording costs must be paid by the applicant. No permit allowing construction of a building or any other improvement may be issued until the PUD final plan is recorded. No PUD final plan may be recorded until the final engineering plans have been approved by the village engineer and the required security for the improvements has been posted by the developer as set forth in this zoning ordinance.

         f.   Effect of Approval: Once a PUD final plan is approved, the PUD is governed by the PUD plans and agreements approved by the village.

      4.   Submission Timing and Reversion Clause: The PUD final plans must be submitted for approval in accordance with agreed scheduling. The first phase PUD final plan must be submitted not later than twenty-four (24) months from the date of approval of the PUD preliminary plan or within the time frame(s) set forth in the approved phasing schedule, if greater. Construction, as authorized by the issuance of a building permit, must begin within twenty-four (24) months of the date of the approval of the PUD final plan dealing with such construction, or within the time frame(s) set forth in the approved phasing schedule, if greater. If the developer fails to comply with these requirements, the board of trustees may initiate a revocation of the PUD preliminary plan as hereinabove provided.

   D.   Changes: The planned unit development must be constructed only according to the PUD final plan, approved engineering plans and specifications, and all supporting data. The PUD final plan and supporting data, together with all amendments, is binding on the applicants, their administrators, executors, successors, grantees and assigns and shall limit and control the use of the property (including the internal use of buildings and structures) and the location of all structures, other improvements, and open space in the planned unit development as set forth therein. All proposed changes to the planned unit development after approval of the PUD final plan must be approved by the board of trustees and may be handled as follows:

      1.   Major Changes: Major changes to an approved PUD may be approved only by submission and reconsideration of a new PUD preliminary plan and/or PUD final plan and by following the PUD preliminary plan and/or PUD final plan procedures. If the major change is inconsistent with data or evidence submitted during the PUD preliminary plan stage, then the resubmission must begin at the PUD preliminary plan stage unless the change is requested by the plan commission/zoning board of appeals, village staff, or board of trustees or the board of trustees waive this requirement. If the major change is consistent with the data and evidence submitted during the PUD preliminary plan stage, then the resubmission must begin at the PUD final plan stage. Major changes include the following:

         a.   A change in the uses and/or character of the development.

         b.   A change of five percent (5%) or more in the maximum floor area ratio for a phase of the development.

         c.   Any increase in the units per acre, total number of units, or total number of any type of units in the residential areas of a development.

         d.   An increase of five percent (5%) or more in the units per acre, total units or total number of any type of units of a phase of the development.

         e.   A reduction in the minimum approved distance between structures or in periphery setbacks.

         f.   Any increase in the percent of land covered in an entire development.

         g.   An increase of five percent (5%) or more in the maximum percent of land covered in a phase of a development.

         h.   Any change in the height of buildings, street location, open space plan, subdivision structure, or changes in landscaping that alter the overall character of the landscaping for the development, or any change in structures and/or structure locations that increases the total square footage of all structures approved in the PUD final plan for the development.

         i.   Any material change in the construction phasing schedule or association agreements, declarations, and other documents.

         j.   Other changes determined to be a major change by the board of trustees.

      2.   Minor Changes: The board of trustees may, without public hearing, approve minor changes in the planned unit development. Further, a minor change is any change not defined as a major change. A minor change may include the change of location of any structure in a nonresidential portion of the development so long as such change of location does not affect any of the other criteria which would be deemed a major change set forth herein. Such change must be reviewed by the village's architectural control commission prior to its approval by the corporate authority.

      3.   Application: An application for a major change or a minor change may be submitted by the owner(s) or duly authorized agent(s) of the owner(s) of the property described in such application. In the event an application for a major change or minor change is submitted to the board of trustees for only a portion of the property within the planned unit development, any notice which is to be published or other procedure to be followed must be based solely upon the legal description of the property which is the subject of the application. (Ord. 2025-1446, 10-9-2025)

   A.   Intent: The special use permit approval procedures of this section are intended to provide a transparent, public review process for land uses that, because of their widely varying design and operational characteristics, require case-by-case review in order to determine whether they will be compatible with surrounding uses and development patterns.

   B.   Authorized Special Uses: Special use permits may be approved only for those uses and activities expressly authorized by special use permit in this zoning ordinance.

   C.   Authority to File: Applications for special use permit approval may be filed only by the owner of the subject property or by the property owner's authorized agent.

   D.   Application Filing: Complete applications for special use permit approval must be filed with the zoning official.

   E.   Review and Report-Zoning official: Following receipt of a complete application, the zoning official must prepare a report on the proposed special use permit. The report must be transmitted to the plan commission/zoning board of appeals before the required public hearing.

   F.   Notice of Hearing:

      1.   In all cases, notice of the required public hearing on special use permit applications must be published in the newspaper in accordance with Section 10-12-1E.1.

      2.   The zoning official is also authorized to require that the applicant provide written (mailed) notice and posted (sign) notice in accordance with Sections 10-12-1E.2 and E.3, respectively.

   G.   Hearing and Recommendation-Plan Commission/Zoning Board of Appeals: The plan commission/zoning board of appeals must hold a public hearing on the proposed special use permit. Following the close of the public hearing, the plan commission/zoning board of appeals must act to recommend that the proposed special use permit be approved, approved with modifications, or denied and transmit its recommendation to the board of trustees. If the plan commission/zoning board of appeals arrives at a tie vote, the application may be forwarded to the board of trustees with the notation of the tie vote.

   H.   Final Action-Board of Trustees: Following receipt of the plan commission/zoning board of appeals' report and recommendation, the board of trustees must act to approve the proposed special use permit, approve the proposed special use permit with modifications or deny the proposed special use permit. The board of trustees is also authorized to remand the proposed special use permit application back to the plan commission/zoning board of appeals for further consideration.

   I.   Review and Approval Criteria: No special use permit may be recommended for approval or approved unless the respective review or decision-making body determines that the proposed special use permit is consistent with and in substantial compliance with all village policies and plans and that the applicant has presented evidence to support each of the following conclusions:

      1.   That the proposed use or activity is expressly authorized in this title as a special use;

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

      3.   That the proposed use will not, in the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or be injurious to property values or improvements in the vicinity;

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

      5.   That the proposed special use will be served by adequate utilities, access roads, parking, drainage and other important and necessary facilities, infrastructure and community services; and

      6.   That the proposed special use complies with all applicable regulations of this zoning ordinance except as expressly approved in accordance with the procedures of this zoning ordinance.

   J.   Lapse of Approval:

      1.   An approved special use permit allowing the erection or alteration of a building lapses and becomes void six (6) months after it is granted by the board of trustees unless such building or building alteration is established within such period.

      2.   An approved special use permit allowing the use of a building or premises lapses and becomes void 6 months after it is granted by the board of trustees, unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order continues in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

      3.   An approved special use permit also lapses upon revocation of a building permit or a certificate of occupancy for violations of conditions of approval or upon expiration of a building permit to carry out the work authorized by the special use permit.

      4.   The board of trustees may extend the expiration period by up to six (6) additional months at the time of approval of the special use permit or any time before expiration of the approval. Requests for extensions after the special use permit is approved must be processed in accordance with the special use permit procedures, including applicable fees, notices, and public hearings.

   K.   Transferability: Approved special use permits run with the land and are not affected by changes of tenancy, ownership, or management.

   L.   Amendments: Amendments to approved special use permits must be processed as new special use permit applications, including all requirements for fees, notices and public hearings, provided that the zoning official is authorized to approve the following:

      1.   Any amendments expressly authorized as minor amendments at the time of special use permit approval;

      2.   The addition of customary accessory uses and structures; and

      3.   Changes to the development site or to structures necessitated by engineering, architectural or physical limitations of the site that could not have been foreseen at the time the special use permit was approved and that are not major changes.

   M.   Successive Applications: If a special use permit application is denied, no substantially similar application may be accepted for the same property for twelve (12) months from the date of denial by the board of trustees. (Ord. 2025-1446, 10-9-2025)

   A.   Intent: A variance is a grant of relief to a property owner from strict compliance with the regulations of this zoning ordinance. The intent of a variance is not to simply remove an inconvenience or general financial burden that may result from compliance with applicable zoning requirements. Variances are intended to help alleviate an undue hardship that would be caused by strict enforcement of the subject zoning ordinance requirements. They are intended to provide relief when the requirements of this zoning ordinance render property very difficult or impossible to put to reasonable use because of unique or special characteristics of the subject property.

   B.   Authorized Variances: The board of trustees is authorized to grant a variance to any regulation in this zoning ordinance in accordance with the variance procedures of this section, except that the variance procedures of this section may not be used to do any of the following:

      1.   Waive, modify, or amend the home occupation regulations of Section 10-6-7;

      2.   Allow a principal or an accessory use in a zoning district that is not otherwise allowed in that zoning district (i.e., "use variances" are prohibited);

      3.   Waive, modify, or vary any use classification; or

      4.   Waive, modify, or otherwise vary any of the review and approval procedures of this chapter.

   C.   Authority to File: Variance applications, including a written statement describing the undue hardship that would result from denial of the variance request must be by the owner of the subject property or by the property owner's authorized agent.

   D.   Application Filing: Complete applications for variances must be filed with the zoning official.

   E.   Review and Report-Zoning Official: Following receipt of a complete application, the zoning official must prepare a report on the requested variance. The report must be transmitted to the plan commission/zoning board of appeals before the required public hearing.

   F.   Notice of Hearing: Notice of the plan commission/zoning board of appeals' required public hearing on a variance application must be published in the newspaper in accordance with Section 10-12-1E.1 and mailed to all owners of property within two hundred and fifty feet (250') of the lot lines of the subject property in accordance with Section 10-12-1E.2. The zoning official is also authorized to require that the applicant post notice signs in accordance with Section 10-12-1E.3.

   G.   Review and Recommendation-Plan Commission/Zoning Board of Appeals:

      1.   Following receipt of a complete variance application, the plan commission/zoning board of appeals must hold a public hearing to consider the requested variance. Following the close of the public hearing, the plan commission/zoning board of appeals must act to recommend that the requested variance be approved, be approved with modifications and/or conditions, or denied based on the standards and review criteria of Section 10-12-5I. The plan commission/zoning board of appeals must make its report promptly, together with its findings of fact, to the board of trustees.

      2.   In recommending approval of a variance, the plan commission/zoning board of appeals is authorized to recommend such conditions and restrictions as the commission/board determines to be necessary to ensure compliance with the standards of Section 10-12-5I, to reduce or minimize the effect of the variance upon other properties in the area, and to better carry out the general purpose and intent of this zoning ordinance.

      3.   Each variance request must be considered by the plan commission/zoning board of appeals on a case-by-case basis solely on the evidence presented by the applicant in the particular case.

   H.   Review and Final Decision-Board of Trustees: Following the public hearing before the plan commission/zoning board of appeals, the variance request must be considered by board of trustees. The grant of approval of any variance must incorporate findings by the board of trustees that justify the approval.

   I.   Standards and Review Criteria: No variance may be approved or recommended for approval unless authorized review and decision-making bodies determine that the following facts, favorable to the property owner, have been established:

      1.   That the physical surroundings, shape, or topographical conditions of the subject property would result in an undue hardship for the subject property owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out;

      2.   That literal enforcement of the subject zoning ordinance provision is not necessary to achieve the provision's intended purpose;

      3.   That the conditions leading to the need for the requested variance are unique to the subject property and not applicable, generally, to other property within the same zoning classification;

      4.   That the alleged undue hardship was not created or self-imposed by the current property owner;

      5.   That the variance to be granted is the minimum variance that will afford relief;

      6.   That the variance to be granted will not alter the essential character of the neighborhood in which the subject property is located, nor substantially or permanently impair use or development of adjacent property; and

      7.   That the variance to be granted will not cause substantial detriment to the public good or impair the purposes, spirit, and intent of this zoning ordinance or the comprehensive plan.

   J.   Lapse of Approval:

      1.   An approved variance permitting the erection or alteration of a building lapses and becomes void six (6) months after it is granted by the board of trustees unless such building or building alteration is established within such period.

      2.   An approved variance permitting the use of a building or premises lapses and becomes void six (6) months after it is granted by the board of trustees, unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order continues in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

      3.   An approved variance also lapses upon revocation of a building permit or a certificate of occupancy for violations of conditions of approval or upon expiration of a building permit to carry out the work authorized by the variance.

      4.   The board of trustees may extend the expiration period by up to six (6) additional months at the time of approval of the variance or any time before expiration of the approval. Requests for extensions after the variance is approved must be processed in accordance with the variance procedures, including applicable fees, notices, and public hearings.

   K.   Transferability: Approved variances run with the land and are not affected by changes of tenancy, ownership, or management.

   L.   Amendments: A request for changes in the specific nature of the approved variance or changes to any conditions attached to an approved variance must be processed as a new variance application, including all requirements for fees, notices, and public hearings. (Ord. 2025-1446, 10-9-2025)

   A.   Authority: The plan commission/zoning board of appeals is authorized to hear and decide all appeals where it is alleged there has been an error in any order, requirement, decision, or determination made by the zoning official in the administration, interpretation, or enforcement of this zoning ordinance.

   B.   Right to Appeal: Appeals of administrative decisions may be filed by any person aggrieved by the administrative official's decision or action. The plan commission/zoning board of appeals is authorized to make determinations about whether individuals filing appeals are "aggrieved" by the decision or action.

   C.   Application Filing:

      1.   Complete applications for appeals of administrative decisions must be filed with the zoning official.

      2.   Appeals of administrative decisions must be filed within thirty (30) days of the date of the decision being appealed.

   D.   Effect of Filing: The filing of a complete notice of appeal stays all proceedings in furtherance of the action appealed, unless the zoning official certifies to the plan commission/zoning board of appeals, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to life or property, in which case the proceedings will not be stayed unless by a restraining order, which may be granted by the plan commission/zoning board of appeals or by a court of record based on due cause shown.

   E.   Record of Decision: Upon receipt of a complete application of appeal, the zoning official or other administrative official whose decision is being appealed must transmit to the plan commission/zoning board of appeals all papers constituting the record related to decision being appealed.

   F.   Notice of Hearing: Notice of the required public hearing must be published in the newspaper in accordance with Section 10-12-1E.1.

   G.   Hearing and Final Decision:

      1.   The plan commission/zoning board of appeals must hold a public hearing on the appeal.

      2.   Following the close of the public hearing, the plan commission/zoning board of appeals must make its findings and take action on the appeal.

      3.   In exercising the appeal power, the plan commission/zoning board of appeals has all the powers of the administrative official from whom the appeal is taken. The plan commission/zoning board of appeals may affirm or may, upon the concurring vote of at least four (4) members, reverse, wholly or in part, or modify the decision being appealed.

      4.   In acting on the appeal, the plan commission/zoning board of appeals must grant to the official's decision a presumption of correctness, placing the burden of persuasion of error on the appellant.

   H.   Review Criteria: The decision being appealed may be reversed or wholly or partly modified only if the plan commission/zoning board of appeals finds that the zoning official or other administrative official erred. (Ord. 2025-1446, 10-9-2025)