1-101:

Community development director.

A.

General powers. The community development director will be charged with the administration and enforcement of this code. In addition to the jurisdiction, authority and duties conferred on the community development director by other provisions of state statutes and village codes and ordinances, the community development director will have all powers necessary to such administration and enforcement, and will, in particular, have the jurisdiction, authority and duties hereinafter set forth.

B.

Rules; regulations; application forms. The community development director will, consistent with the express standards, purposes and intent of this code, promulgate, adopt and issue procedural rules, regulations and forms as are in the community development director's opinion necessary to the effective administration and enforcement of the provisions of this code.

C.

Staff assistance to the planning and zoning commission. The community development director will make staff and consulting assistance available to the planning and zoning commission, and the community development director, or his delegate, will in that capacity:

1.

Attend the meetings of the planning and zoning commission;

2.

Inform the planning and zoning commission of all facts and information at the community development director's disposal with respect to any matter brought before the planning and zoning commission;

3.

Assist the planning and zoning commission by performing research and making recommendations on matters brought before each body; and

4.

Perform such other duties as may be assigned to the community development director by this code and by the direction of the board of trustees.

D.

Records. The community development director will, subject to village record retention policies, maintain:

1.

Permanent and current records of this code, including all maps; amendments; special permits; planned development and site plan approvals and denials; interpretations; and decisions rendered by the planning and zoning commission, the village attorney and the community development director, together with relevant background files and materials and final disposition of the board of trustees;

2.

A current file of all certificates of zoning compliance, all certificates of occupancy and notices of violations, terminations, discontinuance or removal, issued by or entrusted to the community development director's office, for such times necessary to ensure continuous compliance with the provisions of this code; and

3.

A current file of all nonconforming uses and signs in the village, by location and type of use.

E.

Zoning text; zoning map. The community development director will prepare and have available for public sale on or before March 31 of each year:

1.

The compiled text of this code in book or pamphlet form, including all amendments thereto through the preceding December 31; and

2.

The official zoning map, showing the zoning districts, divisions and classifications in effect on the preceding December 31.

The community development director will, at all other times, maintain, and have available for reproduction, at least one up-to-date copy of both this code text and the zoning map, showing all amendments through the most recent meeting of a board of trustees for which official minutes have been approved.

F.

Applications: receipt, processing, referral to interested parties and agencies. The community development director will receive all applications required to be filed pursuant to this code. Upon receipt of any such application, the community development director will see to its expeditious processing, including its prompt referral to and retrieval from each official department, board or commission of the village, or other government, with any interest or duty with respect to such application. Unless otherwise provided, the community development director may waive any application requirements that require the submission of supporting information where the applicant demonstrates to the satisfaction of the community development director that the information required is not relevant to or necessary for the determination of the application submitted.

G.

Investigation of applications. Whenever the planning and zoning commission or the board of trustees will, by general rule or specific direction, so request, the community development director will conduct or cause to be conducted such surveys, investigations and field studies, and will prepare or cause to be prepared such reports, maps, photographs, charts and exhibits, as will be necessary and appropriate to the processing of any application filed pursuant to this code.

H.

Zoning certificates. Pursuant to the provisions of sections 1-401 and 1-402 of this chapter, the community development director will review all applications for certificates of zoning compliance and certificates of occupancy and approve or disapprove such applications and issue or refuse to issue such certificates based on compliance or noncompliance with the provisions of this code.

I.

Interpretations. Pursuant to the provisions of section 1-501 of this chapter, the community development director will issue his written interpretation of the meaning and applicability of specific provisions of this code. Any interpretation of this code that may be rendered by the planning and zoning commission or the community development director will be kept on file with the community development director and will be a public record of the village.

J.

Approval of site plans. Pursuant to the provisions of section 1-604 of this chapter, the community development director will have authority to review and approve or deny applications for site plan approval in this cases specified in paragraph 1-604.C(1).

K.

Planned development and site plan modifications. Pursuant to the provisions of paragraph 1-603.k and subsection 1-604 of this chapter, the community development director will have authority to permit adjustments to final plans for planned developments and to site plans.

L.

Extensions of time.

1.

The community development director may, upon written request, for good cause shown and without any notice or hearing, grant extensions of any time limit imposed on an applicant or permittee by this code unless an ordinance or resolution expressly provides otherwise. The total period of time granted by such extension or extensions will not exceed the length of the original period or 90 days, whichever is less.

2.

The board of trustees may, upon written request, for good cause shown, and without any notice or hearing, grant extensions of any time limited imposed on an applicant or permittee by this code provided an ordinance or resolution, as appropriate, is duly adopted by a two-thirds vote of the board of trustees. The total period of time granted by such extension or extensions will be specifically stated in the ordinance or resolution.

M.

Inspection and enforcement. In furtherance of the enforcement of this code, the community development director will undertake regular and continuing programs of inspection of work approved and under way and of existing structures and uses as may be feasible and proper; will undertake additional inspections as may be necessary to the performance of his duties under this code; will receive from any person complaints alleging, with particularity, a violation of this code; and when appropriate will cause investigations and inspections as may be warranted under the circumstances.

Upon finding the existence of any violation of this code, the community development director will take or direct all actions necessary or appropriate to punish and abate such violation.

N.

Reports. The community development director will, from time to time, prepare and submit a report to the board of trustees and the planning and zoning commission concerning the administration of the land use and development regulations of the village, setting forth information and statistical data as may be of interest and value in advancing and furthering the goals and purposes of such regulations and setting forth the community development director's recommendations for the improvement of these regulations and their administration.

1-102:

Planning and zoning commission.

A.

Established. The planning and zoning commission established by the South Chicago Heights Village Code, as amended, is the zoning board of appeals and plan commission referred to in this code. The provisions of this code with respect to the planning and zoning commission will be deemed supplementary to the provisions of the South Chicago Heights Village Code, as amended. Reference should be made to the South Chicago Heights Village Code for a complete description of the membership, term of office and rules of procedure of the planning and zoning commission. The distinctions made in this code between the zoning board of appeals and plan commission are established for the purposes of defining the authority of the planning and zoning commission and in what capacity it is operating on a particular form of relief provided under this chapter 3.

B.

Dissolution. The corporate authorities may, in their sole and absolute discretion, dissolve the planning and zoning commission and establish a distinct zoning board of appeals and distinct plan commission. At the time of any such dissolution, current members of the planning and zoning commission will be appointed to the newly formed zoning board of appeals and plan commission and the remaining seats open on the zoning board of appeals and plan commission will be filled by the mayor with the advice and consent of the board of trustees.

1-103:

Zoning board of appeals authority.

A.

Reserved.

B.

Necessary vote. The concurring vote of at least four members of the zoning board of appeals will be necessary on any motion to reverse any order, requirement, decision or determination appealed to it; to decide in favor of the applicant any application made; or to affect any variation from the provisions of this code. Any lesser vote on any such motion, even if a majority of those voting, will be considered a final decision denying the appeal, application or variation.

C.

Record and decisions. The transcript of testimony, if any; the minutes of the staff secretary; all applications, requests, exhibits and papers filed in any proceeding before the zoning board of appeals; and the decision of the zoning board of appeals will constitute the record. The zoning board of appeals may rely on the personal knowledge of its members, on its inspections of the property and on any reports available to it; provided, however, that the zoning board of appeals will make the particular knowledge, inspection or report a matter of record at the public hearing and afford every party reasonable time to respond to it.

Every decision of the zoning board of appeals that is deemed to be a final decision on a matter will be by written resolution which will include findings of fact; refer to all the evidence in the record and to the exhibits, plans or specifications upon which the decision is based; specify the reason or reasons for the decision; contain a conclusion or statement separate from the findings of fact setting forth the specific relief granted or denying relief; and expressly set forth any limitations or conditions imposed on any relief granted or work or use authorized.

The zoning board of appeals will take no final or binding vote on a decision unless it first has before it the written resolution; provided, however, that where special circumstances warrant it, as determined by the zoning board of appeals, it may take final action prior to the preparation of the resolution but before taking such action, first state its findings and conclusions at a meeting open to the public and will, in addition, state the special circumstances.

Every decision of the zoning board of appeals that is deemed to be a recommendation to the board of trustees may be made by written resolution or by written report of the chairman to the mayor and board of trustees in accordance with the provisions of this subsection 1-103.C.

In any case where this code provides that the failure of the zoning board of appeals to act within a fixed period is deemed to be a denial of an application, the failure will, notwithstanding the absence of required findings and conclusions, be considered to be a decision of the zoning board of appeals rendered on the day following the expiration of such fixed period.

D.

Appeals. An appeal from any final decision of the zoning board of appeals may be taken in the manner provided in Chapter III of the Illinois Code of Civil Procedure pertaining to administrative review.

E.

Jurisdiction and authority. The zoning board of appeals will have the following jurisdiction and authority:

1.

Subject to the provisions of section 1-502 of this chapter, to hear and decide appeals from, and to review orders, decisions or determinations made by the community development director and to that end will have the powers of the community development director with respect to such order, decision or determination.

2.

Subject to the provisions of section 1-503 of this chapter, to grant or deny variations from the requirements of this code.

3.

Subject to the provision of section 1-601 of this chapter, to initiate changes and amendments to this code.

1-104:

Plan commission authority.

A.

Reserved.

B.

Necessary vote. The concurring vote of at least a majority of the currently appointed commissioners will be necessary to adopt any motion to recommend approval of any matter or application. Any lesser vote on any such motion, even if a majority of those voting, will be considered a final decision to recommend denial of such matter or application.

C.

Record and decisions. The transcript of testimony, if any; the minutes of the staff secretary; all applications, requests, exhibits and papers filed in any proceeding before the plan commission; and the decision and report, or reports, of the commission will constitute the record.

Every recommendation of the plan commission upon an application filed pursuant to this code will be by written resolution or written report of the chairman to the mayor and board of trustees which will include findings of fact; refer to all the evidence in the record and to the exhibits, plans or specifications, upon which the recommendation is based; specify the reason or reasons for the recommendation; and contain a conclusion or statement separate from the findings of fact setting for the recommendation of the commission. Every resolution will expressly set forth any limitations or conditions recommended or imposed by the commission.

In reaching its recommendation or decision on any such application, the plan commission may rely on the personal knowledge of its members, on its inspections of the property and on any reports available to it; provided, however, that the commission will make the particular knowledge, inspection or report a matter of record at the public hearing and afford every party reasonable time to respond to it.

The plan commission will take no final vote on any recommendation pertaining to an application pending before it unless it first has before it a written resolution or, in the alternative and in the sole and absolute discretion of the plan commission, the plan commission may take a final vote on a recommendation and the chairman may thereafter prepare and issue his written report to the mayor and board of trustees.

In any case where this code provides that the failure of the plan commission to act within a fixed period is deemed a recommendation for grant or denial of an application, the failure will, notwithstanding absence of required findings and conclusions, be considered a decision of the plan commission rendered on the day following the expiration of such fixed period.

D.

Jurisdiction and authority. In addition to the jurisdiction conferred on it by chapter 2 of the South Chicago Heights Municipal Code, the plan commission will have the following jurisdiction and authority:

1.

Subject to the provisions of part II of this chapter 3, to prepare and recommend a comprehensive plan, including an official map, to the board of trustees, which, upon its adoption by the board of trustees, will be known as the "The Village of South Chicago Heights Comprehensive Land Use Plan, [year adopted]" or other special area and special subject plans that in the determination of the plan commission are necessary and appropriate to promote sustainable land use development and otherwise promote the public health, safety, and welfare of the village.

2.

Subject to the provisions of part II of this chapter 3 to review, prepare and recommend to the board of trustees, changes in and amendments to the Village of South Chicago Heights Comprehensive Land Use Plan, including the official map, or any other special area or special subject plans.

3.

Subject to the provisions of section 1-503 of this chapter, to hear, review and offer its recommendations to the board of trustees on applications for variations from this code.

4.

Subject to the provisions of section 1-601 of this chapter, to initiate, hear, review and offer its recommendations to the board of trustees on applications for amendment of this code.

5.

Subject to the provisions of section 1-602 of this chapter, to hear, review and offer its recommendations to the board of trustees on applications for special permits.

6.

Subject to the provisions of section 1-603 of this chapter, to hear, review and offer its recommendations to the board of trustees on applications for planned development approval.

7.

Subject to the provisions of section 1-604 of this chapter, to hear, review and offer its recommendations to the board of trustees on applications for site plan approval.

8.

To aid and assist the board of trustees and the departments of the village in implementing general plans and in planning, developing and completing specific project.

9.

To review and report on any matters referred to it by the board of trustees or the community development director.

1-201:

Official comprehensive plan and other special area or subject plans.

A.

Authority. The plan commission (planning and zoning commission) will have authority to prepare and recommend to the board of trustees a comprehensive plan and the unincorporated areas surrounding the village and from time to time to prepare and recommend other special area or subject plans and amendments thereto, any or all of which the board of trustees may adopt as the "The Village of South Chicago Heights Comprehensive Land Use Plan, [year adopted]," all in accordance with the procedures set out in this section.

B.

Definition. "The Village of South Chicago Heights Comprehensive Land Use Plan" will be defined as a compilation of policy statements; goals; standards; maps; recommended planning, regulatory, fiscal and public works programs; together with pertinent data relative to the past, present and future trends of the village with respect to its population, housing, economic, social and environmental development patterns; its land, water and natural resources and use; its transportation facilities, public facilities and utilities; and any other matter relative to the present and future patterns of life within the village or within the unincorporated areas lying within one and one-half miles of its boundaries as they may from time to time exist, prepared and recommended by the village planning and zoning commission with the advice and assistance of the community development director and the community development director's staff and adopted by the village board of trustees by ordinance duly enacted, together with such amendments thereto as may be adopted from time to time.

The Village of South Chicago Heights Comprehensive Land Use Plan will also refer to any internally consistent and complete portion of such a compilation relating to any one or more of the aforesaid subjects or to any specific portion of the aforesaid geographical area.

As of the effective date of this code, said term is understood to refer to the following documents:

1.

Village of South Chicago Heights Comprehensive Plan, April 2008;

2.

This code;

3.

South Chicago Heights Station Area Master Plan, September 8, 2009.

C.

Purpose. The Village of South Chicago Heights Comprehensive Land Use Plan will be considered an official statement of the policy of the Village of South Chicago Heights with respect to the existing and developing character of the various areas of the village and its vicinity; the proper objectives, standards and direction for future maintenance, growth, development and redevelopment of the village; the means to be employed to protect existing character or development and to encourage future development that will be in the best interests of the village; and the actions and programs to be undertaken by the village with respect to its future maintenance and development.

D.

Effect. After the adoption of the Village of South Chicago Heights Comprehensive Land Use Plan, or a part thereof, no ordinance, regulation or official map relating to the physical maintenance, development or redevelopment of the village or any land within it will be enacted, established, amended or varied and no right-of-way, street, utility or public structure or land will be authorized, established, developed, redeveloped or modified in location or extent except in accordance with the policies, goals, objectives, principles and standards of the Village of South Chicago Heights Comprehensive Land Use Plan or relevant part thereof unless the board of trustees will first make a specific finding that the facts and circumstances affecting the particular matter justify a departure from the plan.

E.

Procedures.

1.

Plan development. The planning and zoning commission, with the assistance of the community development director and staff, will exercise the powers and duties delegated to it by this code in the continuing development and revision of the Village of South Chicago Heights Comprehensive Land Use Plan. The process of plan development is necessarily an informal one, not readily adaptable to rigid procedures, but the planning and zoning commission and the community development director, in developing a plan, will make all reasonable efforts to obtain the views, comments and criticisms of interested persons. In addition, the planning and zoning commission and the village manger, in developing a plan, will make all reasonable efforts to obtain the views, comments and criticisms of interested persons. In addition, the planning and zoning commission, prior to making any recommendation for the adoption or amendment of a plan or part thereof to the board of trustees, will set, notice and conduct a public hearing thereon in accordance with the provisions of section 1-303 of this chapter.

The board of trustees may, at any time, refer a plan to the planning and zoning commission for consideration and recommendation. In the case of such referral, the plan commission will return its recommendation to the board of trustees not later than 90 days following the receipt of the referral. In the event such recommendation is not so delivered, the board of trustees may proceed to consider the amendment without such recommendation.

When satisfied that a plan, or a part thereof, is adequate for adoption as the Village of South Chicago Heights Comprehensive Land Use Plan, or a part thereof or an amendment thereto, the planning and zoning commission will transmit the plan or part thereof to the board of trustees together with its recommendations for adoption of such plan as well as any reports or statements deemed necessary to a full consideration of such plan or part thereof. Such reports or statements may include majority and minority positions. Such transmission will be made not later than 15 days following the close of the public hearing concerning such plan.

2.

Plan adoption. Upon receiving any recommendation of the planning and zoning commission with respect to adoption or amendment of any plan, or a part thereof, the board of trustees may, by ordinance duly enacted, adopt such plan in whole or in part, with or without amendments; or may refer such plan or any part thereof back to the planning and zoning commission for further consideration; or may reject such plan. The board will take such action no later than 90 days following the close of the planning and zoning commission public hearing on such plan. The failure of the board to act within such period will be deemed to be a rejection of the plan. Upon the adoptions of any such plan or part thereof, it will be designated as the "The Village of South Chicago Heights Comprehensive Land Use Plan, [year adopted]," and if less than a total comprehensive plan, will carry a subheading designating its specific contents.

3.

Plan amendment. The Village of South Chicago Heights Comprehensive Land Use Plan, or any part thereof, may be amended at any time in accordance with the provisions of this paragraph 3. Such an amendment may be initiated by the board of trustees, the planning and zoning commission, the community development director, or by any owner of property affected by the provisions of such plan sought to be amended.

Amendments initiated by the board of trustees, the planning and zoning commission or the community development director will require no formal application and will be processed as provided in paragraphs E.1. and E.2. above.

Amendments initiated by the owner of affected property will be initiated by an application filed pursuant to section 1-301 of this chapter 3, except that the time limits specified in paragraphs E.1. and E.2. above will apply.

4.

Plan filing and notice of adoption. The ordinance adopting The Village of South Chicago Heights Comprehensive Land Use Plan, or any part thereof, will provide that the community development director will cause a certified copy thereof to be placed on file in the office of the village clerk, and will cause a notice evidencing the adoption of such plan, or part thereof, to be filed with the cook county recorder of deeds.

1-202:

Official future land use map.

A.

Authority. The planning and zoning commission will have authority to prepare and to recommend to the board of trustees an official map of the village and the unincorporated areas surrounding the village and from time to time to prepare and recommend amendments thereto, all of which the board of trustees may adopt as the "Official Map of the Village of South Chicago Heights."

B.

Definition. The "official map" will be defined as a compilation of maps, standards and specifications of and for existing and proposed rights-of-way, streets, alleys, utility easements, public grounds and public utility systems within the village or within the unincorporated area lying within one and one-half miles of its boundaries as they may from time to time exist, prepared and recommended by the village planning and zoning commission with the advice and assistance of the community development director and the community development director's staff and adopted by the board of trustees by ordinance duly enacted, together with such amendments thereto as may be adopted from time to time.

C.

Purpose. The official map is adopted to implement the Village of South Chicago Heights Comprehensive Land Use Plan, to assure the adequacy of the public facilities to which it relates and to secure for the village the authority and benefits provided by state law in connection with such an official map.

D.

Procedures. The procedures for the development, adoption, amendment and filing of the official map will be the same as those provided in subsection 1-201.E of this chapter with respect to the Village of South Chicago Heights Comprehensive Land Use Plan.

1-301:

Applications.

A.

Place of filing.

1.

Applications for zoning and occupancy certificates, code interpretations and certain site plan approvals. All applications for a certificate of zoning compliance pursuant to section 1-401 of this chapter, a certificate of occupancy pursuant to section 1-402 of this chapter, an interpretation pursuant to section 1-501 of this chapter, and a site plan approval pursuant to subsection 1-604.E.1. of this chapter, will be filed with the office of the community development director or with such other village official or body as the community development director may designate.

2.

Applications for appeals and variations. All applications for an appeal pursuant to section 1-502 of this chapter and a variation pursuant to section 1-503 of this chapter will be filed with the office of the community development director for immediate processing pursuant to section 1-303 of this chapter.

3.

Applications for amendments, special approvals and certain site plan approvals. All preliminary and formal applications for an amendment pursuant to section 1-601 of this chapter, a special permit pursuant to section 1-602 of this chapter, a planned development pursuant to section 1-603 of this chapter and a site plan approval pursuant to section 1-604 of this chapter, will be filed with the office of the community development director for immediate referral to the board of trustees. The community development director will cause every properly filed and completed application filed pursuant to this subparagraph to be on the agenda of the next regular board of trustees or committee of the whole meeting following the date of such filing.

B.

Forms, number, scale. All applications filed pursuant to this code will be on forms supplied by the village and will be filed in such number of duplicate copies as the community development director may designate. All plans filed as part of any application will be at a scale sufficient to permit a clear and precise understanding of the contents of said plan and the proposal being made and will be folded to a convenient size for handling and filing in standard, legal size legal drawers.

C.

Filing deadlines.

1.

Applications requiring hearings. Applications requiring public hearing will not be scheduled for such hearing unless and until filed in proper form and number and containing all required information.

2.

Applications not requiring hearing. Applications that do not require a public hearing will be filed, in proper form and number and containing all required information, at least 35 days prior to the time when action on the application is requested. Applications so filed will be processed on a first-filed, first-processed basis.

3.

Supplemental data. Whenever supplemental data in connection with a previously filed application is required by the village or offered by the applicant, it will be submitted at least seven days prior to the date on which it is to be considered at a hearing or a meeting or acted upon in connection with such application. The filing of such data will, in the discretion of the community development director and of the body hearing the application, be cause to delay a requested or scheduled hearing date.

D.

Fees.

1.

Fee established; lien. Every application filed pursuant to this code will be subject to a non-refundable application and filing fee in the amount established by the board of trustees and published in a schedule of fees that will be on file with the community development director's office, plus the actual cost, as hereinafter defined, incurred by the village in processing such application.

The owner of the property which is the subject of the application and, if different, the applicant, will be jointly and severally liable for the payment of said fee. By signing the application, owner will be deemed to have agreed to pay such fee and to consent to the filing and foreclosure of a lien on the subject property to ensure collection of any such fee, plus the costs of collection, which has not been paid within 30 days following the mailing of a written demand for such payment to the owner at the address shown on the application. Any lien filed pursuant to this subsection may be foreclosed in the manner provided by statute for mortgages or mechanics liens.

2.

Recoverable costs. For purposes of calculating the fee due pursuant to paragraph D.1. above, the actual costs incurred by the village in processing an application will be deemed to consist of the following items of direct and indirect expense:

(a)

Legal publication (direct cost).

(b)

Recording secretarial services (direct cost).

(c)

Court reporter (direct cost).

(d)

Administrative preparation and review (hourly salary times a multiplier to be established from time to time by the community development director at a level sufficient to recover 100 percent of the direct and indirect cost of such service).

(e)

Document preparation and review (hourly salary times a multiplier to be established from time to time by the community development director at a level sufficient to recover 100 percent of the direct and indirect cost of such service).

(f)

Professional and technical consultant services (direct cost).

(g)

Legal review, consultation, advice, negotiation, and document preparation (direct cost).

(h)

Copy reduction (direct cost).

(i)

Document recordation (direct cost).

3.

Fee payment and escrow.

(a)

Initial payment and escrow. Every application filed pursuant to this code will be accompanied by the required fee plus an additional amount for recoverable costs as provided in paragraph D.2. above, as fixed from time to time by the community development director, to be deposited in an application fee escrow. No interest will be payable on any such escrow.

(b)

Charges against escrow. From the date of filing of any application pursuant to this code, the village will maintain an accurate record of the actual costs, as hereinabove defined, of processing such application. The community development director will, from time to time, draw funds from the escrow account established for such application to pay such costs and will transfer such funds to the appropriate village accounts. The community development director will maintain an accurate record of all such drawings.

(c)

Additional escrow deposits. Should the community development director at any time determine that the escrow account established in connection with any application is, or is likely to become, insufficient to pay the actual costs of processing such application, the community development director will inform the applicant of that fact and demand an additional deposit in an amount deemed by him to be sufficient to cover foreseeable additional costs. Unless and until such additional amount is deposited by the applicant, the community development director may direct that processing of the application will be suspended or terminated.

(d)

Final settlement. As soon as reasonably feasible following final action on an application, the community development director will cause a final accounting to be made of the escrow deposits made in connection with such application and the actual cost of processing such application and will make a final charge of such costs against such escrow deposits. A copy of the accounting will be provided to the owner and the applicant.

If the amount in the escrow account is insufficient to pay the total actual costs, a written demand for payment of the balance due will be mailed to the owner and the applicant. If unused balance remains in the escrow account after paying the total actual costs, it will be returned to the applicant.

4.

Condition of all applications, approvals and permits; time periods. No application filed pursuant to the code will be considered complete unless and until all fees and deposits due pursuant to this subsection have been paid. Every approval granted and every permit issued pursuant to this code will, whether or not expressly so conditioned, be deemed to be conditioned upon payment of fees as required by this subsection.

Where this code provides that the passage of time without decision or action will be deemed an approval or a recommendation for approval, time periods will be tolled during any period of non-payment, but will otherwise continue to run.

The failure to fully pay any such fee or deposit, when due, will be grounds for refusing to process an application and for denying or revoking any permit or approval sought or issued with respect to the land or development to which the unpaid fee or deposit relates.

5.

Specified public bodies exempt. The provisions of this subsection 1-301.D will not apply to, and no fee will be required of, any public body or agency deriving the majority of its revenues from taxes levied within the Village of South Chicago Heights.

E.

Minimum data requirements.

1.

All applications. Every application submitted pursuant to this code will contain at least the following information:

(a)

The owner's name and address and the owner's signed consent to the filing of the application.

(b)

The applicant's name and address, if different than the owner, and his interest in the subject property.

(c)

The names, addresses and telephone numbers of all professional consultants, if any, advising the applicant with respect to the application.

(d)

The name and address and the nature and extent of the interest, as defined in the South Chicago Heights Ethics Code, of any officer or employee of the village in the owner, the applicant or the subject property.

(e)

The address and legal description of the subject property.

(f)

A description or graphic representation of the proposal for which approval is being sought and of the existing zoning classification, use and development of the subject property. The scope and detail of such description will be appropriate to the subject matter of the application, with special emphasis on those matters likely to be affected or impacted by the approval being sought in the application.

(g)

In the case of any application being filed less than two years after the denial of an application seeking essentially the same relief, the statement required by subsection 1-302.B of this chapter.

(h)

Proof of control or ownership, in the case of site-specific applications.

2.

Applications for zoning and occupancy certificates. Every application filed pursuant to section 1-401 or 1-402 of this code will, in addition to the data and information required pursuant to paragraph 1 above, provide the following information:

(a)

A description or graphic representation of any development or construction that will occur or any use that will be established or maintained if the requested relief is granted.

(b)

A table showing the following, if applicable:

(i)

The total lot area of the subject property, in acres and in square feet;

(ii)

The total existing and proposed lot area, expressed in acres, in square feet and as a percent of the total development area, devoted to residential uses, by type of structure, commercial uses, office uses, industrial uses and institutional uses, open space, rights-of-way, streets, and off-street parking and loading areas; and

(c)

The existing and proposed:

(i)

Number of dwelling units, by number of bedrooms and dwelling unit gross floor area; and

(ii)

Gross and net floor area devoted to residential uses, commercial uses, office uses, industrial uses, institutional uses and recreational uses.

(d)

A table listing all bulk, space and yard requirements, all parking requirements, and all loading requirements applicable to any proposed development or construction and showing the compliance of such proposed development or construction with each such requirement. Where any lack of compliance is shown, the reason therefore must be stated and an explanation of the village's authority, if any, to approve the application despite such lack of compliance must be set forth.

(e)

The certificate of a registered architect or civil engineer licensed by the State of Illinois, or of an owner-designer, that any proposed use, construction or development complies with all the provisions of this code and other village ordinances or complies with such provisions except in the manner and to the extent specifically set forth in said certificate.

3.

Application for code interpretations. Every application filed pursuant to section 1-501 of this code will, in addition to the data and information required pursuant to paragraph 1 and, where relevant, paragraph 2 above, provide the following information:

(a)

The specific provision or provisions of this code for which an interpretation is sought.

(b)

The facts of the specific situation giving rise to the request for an interpretation.

(c)

The precise interpretation claimed by the applicant to be correct.

(d)

Where a use interpretation is sought, the use permitted pursuant to the present zoning classification of the subject property that is claimed by the applicant to include, or to be most similar to, the proposed use.

(e)

Where a use interpretation is sought, documents, statements and other evidence demonstrating that the proposed use will comply with all use limitations established for the district in which it is proposed to be located.

4.

Applications for appeals. Every application filed pursuant to section 1-502 of this code will, in addition to the date and information required pursuant to paragraph 1, and, where relevant, paragraph 2 above, provide the following information:

(a)

The specific order, decision or determination of failure to act from which an appeal is sought.

(b)

The facts of the specific situation giving rise to the original order, decision, determination or failure to act and to the appeal therefrom.

(c)

The precise relief sought.

(d)

A statement of the applicant's position as to alleged errors in the order, decision, determination or failure to act being appealed and as to why the relief sought is justified and proper.

5.

Applications for variations. Every application filed pursuant to section 1-503 of this code will, in addition to the data and information required pursuant to paragraph 1 and where relevant, paragraph 2 above, provide the following information:

(a)

The specific feature or features of the proposed use, construction or development that require a variation.

(b)

The specific provision of this code from which a variation is sought, and the precise variation therefrom being sought.

(c)

A statement of the characteristics of the subject property that prevent compliance with the said provisions of this code.

(d)

A statement of the minimum variation of the provisions of this code that would be necessary to permit the proposed use, construction or development.

(e)

A statement of how the variation sought would satisfy the standards set forth in subsection 1-503.F of this code.

(f)

A survey, certified by a registered land surveyor, showing existing lot lines and dimensions as well as lot area, all easements, all public and private rights-of-way, and all streets across and adjacent to the subject property.

(g)

A statement concerning the conformity or lack of conformity of the approval being requested to the Village of South Chicago Heights Comprehensive Land Use Plan and Official Map. Where the approval being requested does not conform to the Village of South Chicago Heights Comprehensive Land Use Plan or the official map, reasons justifying the approval despite such lack of conformity will be stated.

6.

Applications for the Village of South Chicago Heights Comprehensive Land Use Plan or Zoning Code Text Amendments. Every application filed pursuant to paragraph 1-201.E.2 or applications filed pursuant to paragraph 1-601.D.2 of this code requesting an amendment to the text of either the Village of South Chicago Heights Comprehensive Land Use Plan or this code will, in addition to the data and information required pursuant to paragraph 1 and, where relevant, paragraph 2 above, provide the following information:

(a)

The exact wording of the proposed text amendment.

(b)

A statement of the need and justification for the proposed text amendment.

(c)

A survey, certified by a registered land surveyor, showing existing lot lines and dimensions as well as lot area, all easements, all public and private rights-of-way, and all streets across and adjacent to the subject property.

(d)

A statement concerning the conformity or lack of conformity of the approval being requested to the Village of South Chicago Heights Comprehensive Land Use Plan and Official Map. Where the approval being requested does not conform to the Village of South Chicago Heights Comprehensive Land Use Plan or the official map, reasons justifying the approval despite such lack of conformity will be stated.

7.

Formal applications for special permits. Every application filed pursuant to paragraph 1-602.D.2 of this code will, in addition to the data and information required pursuant to paragraph 1 and, where relevant, paragraph 2 above, provide the following information:

(a)

A written statement of the need for the special permit.

(b)

A survey, certified by a registered land surveyor, showing existing lot lines and dimensions as well as lot area, all easements, all public and private rights-of-way, and all streets across and adjacent to the subject property.

(c)

A statement concerning the conformity or lack of conformity of the approval being requested to the Village of South Chicago Heights Comprehensive Land Use Plan and Official Map. Where the approval being requested does not conform to the Village of South Chicago Heights Comprehensive Land Use Plan or the official map, reasons justifying the approval despite such lack of conformity will be stated.

(d)

An application for site plan approval pursuant to section 1-604 of this chapter.

8.

Applications for zoning or the Village of South Chicago Heights Comprehensive Land Use Plan Map Amendments. Every application filed pursuant to paragraph 1-301.E.3 or formal applications filed pursuant to paragraph 1-601.D.2 of this code requesting an amendment to the Village of South Chicago Heights Comprehensive Land Use Plan Map or the zoning map will, in addition to the data and information required pursuant to paragraph 1 and, where relevant, paragraph 2 above, provide a statement of the need and justification for the proposed plan or zoning map amendment. The statement will address at least the following factors:

(a)

The existing uses and zoning classifications of properties in the vicinity of the subject property.

(b)

The trend of development in the vicinity of the subject property, including changes, if any, in such trend since the subject property was placed in its present plan designation or zoning classification.

(c)

The extent to which the value of the subject property is diminished by the existing plan designation or zoning classification applicable to it.

(d)

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

(e)

The extent, if any, to which the use and enjoyment of adjacent properties would be affected by the proposed amendment.

(f)

The extent, if any, to which the value of adjacent properties would be affected by the proposed amendment.

(g)

The extent, if any, to which the future orderly development of adjacent properties would be affected by the proposed amendment.

(h)

The suitability of the subject property for uses permitted or permissible under its present plan designation and zoning classification.

(i)

The availability of adequate ingress to and egress from the subject property and the extent to which traffic conditions in the immediate vicinity of the subject property would be affected by the proposed amendment.

(j)

The availability of adequate utilities and essential public services to the subject property to accommodate the uses permitted or permissible under its present plan designation and zoning classification.

(k)

The length of time, if any, that the subject property has been vacant, considered in the context of the pace of development in the vicinity of the subject property.

(l)

The community need for the proposed map amendment and for the uses and development it would allow.

9.

Applications for planned development concept plan approval. Every application filed pursuant to paragraph 1-603.D.2 of this code will, in addition to the data and information required pursuant to paragraph 1 and, where relevant, paragraph 2 above, provide the following information:

(a)

A development name unique to the South Chicago Heights area for identification purposes.

(b)

Evidence that the applicant has sufficient control over the subject property to effectuate the proposed planned development, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property, and a recent commitment for title insurance or ownership search certificate.

(c)

A map depicting municipal and special district boundaries where adjacent to or within the subject property.

(d)

A written statement addressing the following matters:

(i)

A general description of the proposed planned development, the planning objectives to be achieved by it, including the rationales and assumptions of the applicant supporting the proposed planned development, and the market it is intended to serve.

(ii)

How the proposed planned development is to be designed, arranged and operated so as not to adversely affect the development and use of neighboring property in accordance with applicable regulations of this code.

(e)

Schematic, soft-line drawings of the proposed planned development concept, including public or private rights-of-way on or adjacent to the subject property, the proposed dimensions and locations of vehicular and pedestrian circulation and parking elements, public and private open space, and residential, commercial, office, industrial and other land uses, and the general locations of and purpose of all easements.

(f)

A tax impact study indicating the possible tax consequences the proposed planned development will have upon the village and other affected taxing bodies.

(g)

A traffic and transit impact study including a list of new street construction and traffic control improvements necessary to accommodate the estimated increase in traffic and traffic related problems occasioned by the proposed development and a statement of the applicant's proposals for providing those needed improvements.

(h)

A preliminary engineering study showing the location and adequacy of existing and proposed sanitary sewer, storm sewer and water distribution systems.

(i)

A written statement identifying existing natural and environmental resources and features on the subject property, including its topography, vegetation, soils, geology, and scenic view, and the impact of the proposed planned development on such resources and features, including proposals to preserve or protect such resources and features.

(j)

Schematic, soft-line architectural elevations indicating the general style of architecture and typical building materials.

(k)

A statement of the applicant's intent with respect to the ownership, sale and leasing of the various completed units, structures, spaces and areas within the proposed planned development.

(l)

If the planned development is to be constructed in stages or units during a period extending beyond a single construction season, a development schedule for each and every such stage stating the approximate beginning and completion date, proportion of total public or common open space to be provided for each use and with each development stage.

(m)

A detailed description of the financial assurances to be presented to guarantee completion of all public improvements and private open space to be provided in connection with the proposed planned development.

(n)

Evidence of the financing plan the applicant proposes to use to complete the proposed planned development. The applicant's prior success in completing projects of similar scope may be offered in support of this requirement.

(o)

A preliminary plat of subdivision if required pursuant to the South Chicago Heights Subdivision Ordinance.

10.

Application for planned development final plan approval. Every application filed pursuant to paragraph 1-603.D.4 of this chapter will, in addition to the data and information required pursuant to paragraph 1 and, where applicable, paragraph 2 above, provide the following information:

(a)

The date on which development concept plan approvals were granted.

(b)

An application for site plan approval pursuant to section 1-604 of this chapter.

(c)

A statement and plan of the proposed treatment of the perimeter of the proposed planned development, including materials and techniques to be used.

(d)

When the proposed planned development, or stage thereof, includes provision for public or common open space, a statement describing the provision made for the dedication or care and maintenance of such open space. If it is proposed that such open space be owned or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and by-laws of such entity will be submitted. When the property is to be dedicated, a draft of the instrument of dedication will be submitted.

(e)

Copies of any restrictive covenants to be recorded with respect to property included in the final plan.

(f)

A statement summarizing all changes that have been made, or have occurred, in any document, plan, data or information previously submitted, together with a revised copy of any such documents, plan or data.

(g)

A final plat of subdivision if required pursuant to this code.

(h)

All engineering data and drawings required in connection with an application for final subdivision approval under this code (three sets only).

(i)

All certificates, seals and signatures required for the dedication of land and recordation of documents.

(j)

Hard line elevations and floor plans.

(k)

Proof from appropriate governmental agencies that all taxes on the subject property have been paid and that all special assessments, taxes, and other levies against the subject property or any part thereof have been paid in full.

11.

Applications for site plan approval. Whenever an application filed pursuant to any provision of this code involves any use, construction or development requiring the submission of a site plan pursuant to section 1-604 of this chapter, a site plan illustrating the proposed use, construction or development and providing at least the following data and information, on one or more sheets, will be submitted as part of the application:

(a)

A graphic rendering of the existing conditions, which depicts:

(i)

All significant natural, topographical and physical features of the subject property including topographical contours at one-foot intervals;

(ii)

The location and extent of tree cover including single trees in excess of eight inches in diameter at five feet above ground level;

(iii)

The location and extent of water bodies and courses, wetlands, marshes and special flood hazard areas and floodways on or within 100 feet of the subject property;

(iv)

Existing drainage structures and patterns; and

(v)

Soil conditions as they affect development.

(b)

The location, use, size and height in stories and feet of structures and other land uses on properties within 250 feet of the subject property.

(c)

For areas within any required yard or setback, any proposed regarding of the subject property.

(d)

Data concerning proposed structures and existing structures that will remain, including:

(i)

Location, size, use and arrangement, including height in stories and feet;

(ii)

Where relevant, floor area ratio, gross floor area and net floor area;

(iii)

Where relevant, number and size of dwelling units, by dwelling unit type and number of bedrooms;

(iv)

Building coverage; and

(v)

Description of the calculation method utilized in computing all required statistics shown.

(e)

Minimum yard and setback dimensions and, where relevant, relation of yard and setback dimensions to the height, width and depth of any structure.

(f)

A vehicular and pedestrian circulation plan showing the location, dimensions, gradient and number of all vehicular and pedestrian circulation elements including rights-of-way and streets; driveway entrances, curbs and curb cuts; parking spaces, loading spaces and circulation aisles; sidewalks, walkways and pathways; and total lot coverage of all circulation elements divided as between vehicular and pedestrian ways.

(g)

All existing and proposed surface and sub-surface drainage and retention and detention facilities and existing and proposed water, sewer, gas, electric, telephone and cable communications lines and easements and all other utility facilities.

(h)

Location, size and arrangements of all outdoor signs and lighting.

(i)

Location and height of fences or screen plantings and the type or kind of building materials or plantings to be used for fencing or screening.

(j)

Location, designation and total area of all usable open space.

(k)

A detailed landscaping plan, showing location, size and species of all trees, shrubs and other plant material.

(l)

A traffic study, if required by the community development director or the board or commission hearing the application.

(m)

An erosion control plan for the period during which construction will be taking place, if required by the community development director or the board or commission hearing the application.

(n)

Hard line elevations and floor plans.

12.

Applications for appeal from denial of site plan approval. Every application filed pursuant to subparagraph 1-604.E(1)(d) will, in addition to the data and information required pursuant to paragraph 1 above, provide the following information:

(a)

A copy of the original application for site plan approval.

(b)

A statement of the applicant's position as the alleged errors in the community development director's denial of site plan approval and as to why approval of the site plan is justified and proper.

F.

Special data requests. In addition to the data and information required pursuant to subsection e of this section, every applicant will submit such other and additional data, information or documentation as the community development director or any board or commission before which its application is pending may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.

G.

Concurrent applications. Where a proposed use or development requires more than one approval pursuant to this code, applications for all such approvals may be filed concurrently notwithstanding the fact that approval of one application may be a precondition to approval of other applications. Such applications may, in the discretion of the official, officials, body or bodies charged with review of such applications be processed together; provided, however, that no application will be approved unless all applications that are a precondition to its approval have first been approved.

H.

Withdrawal of application. An applicant may withdraw an application at any time prior to a final decision having been rendered with respect thereto; provided that the applicant will have paid all applicable application fees pursuant to subsection 1-301.D. Such withdrawal will be without prejudice to the applicant's right to refile such application, but any such refiling will be treated as an entirely new filing and will be subject to the procedures and fees of this code in the same manner as any other new application.

I.

Administrative discretion. Notwithstanding anything to the contrary in this chapter 3, the community development director or any board or commission before which its application is pending may waive any application requirements otherwise set forth in this section 1-301 where the applicant demonstrates to the satisfaction of the community development director or any board or commission before which its application is pending that the information required is not relevant to or necessary for the determination of the application submitted.

1-302:

Successive applications.

A.

Second applications without new grounds barred. Whenever any application filed pursuant to this code has been finally denied on its merits, a second application, seeking essentially the same relief, whether or not in the same form or on the same theory, will not be brought unless, in the opinion of the community development director, board or commission before which it is brought, substantial new evidence is available or a mistake of law or fact significantly affected the prior denial.

B.

New grounds to be stated. Any such second application will include a detailed statement of the grounds justifying consideration of such application.

C.

Exception. Whether or not new grounds are stated, any such second application filed more than two years after the final denial of a prior application will be heard on the merits as though no prior application had been filed. The applicant will, however, be required to place in the record all evidence available concerning changes of conditions or new facts that have developed since the denial of the first application. In the absence of such evidence, it will be presumed that no new facts exist to support the new petition that did not exist at the time of the denial of the first application.

1-303:

Public hearings and meetings.

A.

Setting hearing or meeting; time limitation. When the provisions of this code require a public hearing or meeting in connection with any application filed pursuant to this code, the planning and zoning commission will, upon receipt of a properly completed application, fix a reasonable time and place for such hearing or meeting; provided, however, that such hearing or meeting will be commenced no later than 60 days, and will be concluded no later than 120 days, following the receipt of the subject application unless the applicant agrees to an extension or unless the hearing or meeting agenda of the body is completely committed during that time.

B.

Notice.

1.

Notice to be given. Notice of public hearings and meetings set pursuant to subsection A of this section will be given by the community development director or the applicant, as the case may be, in the form and manner and to the person herein specified.

2.

Content of notice. All notices will include the date, time and place of such hearing or meeting, a description of the matter to be heard or considered, and the common street address, parcel index number(s), and particular location of the subject property.

3.

Persons entitled to notice.

(a)

All hearings and meetings. Notice of every hearing or meeting set pursuant to subsection A of this section will be given by the community development director:

(i)

By mail or personal delivery to the applicant and, if a specific parcel is the subject of the application, to the owner of the subject property.

(ii)

By mail to any newspaper or person that will have filed a written request, accompanied by an annual fee as established from time to time by the community development director to cover postage and handling, for notice of all hearings or meetings held pursuant to this code. Such written request will automatically expire on December 31 of the year in which it is made unless a written request for renewal, accompanied by the annual fee, is submitted prior to such date.

(iii)

By mail, personal delivery or interdepartmental delivery to affected board of trustees, commissions, departments and officials.

(b)

Delivery of notice. Notice by mail as herein required, will be mailed no less than five days in advance of the hearing or meeting date by regular United States mail.

(c)

Hearings on amendments, special permits and variations. In addition to notice as required by subparagraph B.3(a) above, the following notice will be given for every hearing set pursuant to subsection A of this section in connection with an application for an amendment to this code (other than an amendment to the zoning map), a special permit or a variation:

(i)

Content of notice. The notice required pursuant to this subparagraph will contain, at a minimum, the following information:

(1)

The street address, property index number(s), and street intersection location description of the property that is the subject of the application;

(2)

A brief statement of the nature of the relief being requested;

(3)

The name and address of the applicant;

(4)

The name and address of the legal and beneficial owner of the property, if any, that is the subject of the application; and

(ii)

Notice by newspaper publication. The community development director will cause a notice to be published in a newspaper published in, or of general circulation within, the village at least once no less than 15 days, nor more than 30 days, in advance of the hearing date.

(iii)

Notice by sign. If a specific property is the subject of the application, the applicant will post the subject property with a ground sign of approximately six square feet of gross surface area containing the legibly written notice. The sign will be located on the subject property so as to be visible from at least one right-of-way abutting the subject property. The applicant will remove the sign within three days after the hearing is closed. The notice by sign requirement will not be applicable for any application for a variation.

(iv)

Report to hearing body. At the hearing, the applicant will present to the hearing body an affidavit, certification or other evidence satisfactory to the hearing body, demonstrating, to the satisfaction of the hearing body, that the applicable notice requirements of this subparagraph have been satisfied.

(d)

Hearing on renewal of special permits. In addition to notice as required by subparagraph B.3(a) above, notice of a hearing for the renewal of a special permit pursuant to subsection 1-602.K of this code will be given in accordance with subparagraphs 1-303.B.3(b)(i), (iii), and (iv).

(e)

Hearing on the Village of South Chicago Heights Comprehensive Land Use Plan. In addition to notice as required by subparagraph B.3(a) above, notice of every hearing set pursuant to subsection A hereof in connection with the adoption of the Village of South Chicago Heights Comprehensive Land Use Plan will be given by publication in a newspaper of general circulation in Cook and Will counties at least 15 days before such hearing.

(f)

Hearing on zoning map amendments. In addition to notice as required by subparagraph B.3(a) above, notice of every hearing set pursuant to subsection A hereof in connection with an application for an amendment to the zoning map will be pursuant to subparagraph 1-303.B.3(c); provided, however, that the requirements set forth in subparagraph 1-303.B.3(c)(iv) will not apply when the village is the applicant and none of the property that is the subject of the application is owned by the village.

C.

Referral to village commissions and departments for hearings and meetings regarding appeals, variations, amendments, and special approvals.

1.

Community development director to refer applications. The community development director will, not later than the time set pursuant to subsection B of this section for giving public notice, refer every application for an appeal pursuant to section 1-502 of this chapter, for a variation pursuant to section 1-503 of this chapter, including pursuant to paragraph 1-503.D.4 of this chapter, an amendment pursuant to section 1-601 of this chapter, a special permit pursuant to section 1-602 of this chapter, and a planned development pursuant to section 1-603 of this chapter to all appropriate village commissions and departments.

2.

Review and comments. Each village commission and department to which an application is referred pursuant to this subsection will review such application and submit its comments thereof to the planning and zoning commission.

Such comments will, whenever possible, be submitted at least two business days prior to the date set for the hearing and will be made available to any person on request prior to the hearing.

D.

Conduct of hearings. The planning and zoning commission, in accordance with the authority set forth in section 11-13-22 of the Illinois Municipal Code, 65 ILCS 5/11-13-22, may adopt such rules of procedure as necessary and appropriate to govern any public hearing required under this chapter 3.

1-401:

Certificate of zoning compliance.

A.

Authority. The community development director will have authority to issue certificates of zoning compliance, but only in accordance with the provisions of this section.

B.

Purpose. The certificate of zoning compliance is intended to serve two general purposes:

1.

A procedure for reviewing plans for conformance with this code and a means for evidencing such conformance; and

2.

As an adjunct to, filed prior to or with, all other applications filed pursuant to this code with respect to a specific use or development proposal.

When so filed, it serves as a vehicle for routine plan review by the community development director prior to consideration of special requests by other officials, boards and commissions, thus avoiding needless special reviews of defective plans.

C.

Certificate required. Except where expressly waived by another provision of this code, unless a certificate of zoning compliance will have first been obtained from the community development director:

1.

The construction, reconstruction, remodeling, alteration or moving of any structure will not be commenced;

2.

The grading, excavation or improvement of land preliminary to any construction on or use of such land will not be commenced; and

3.

Building or other permits pertaining to the construction, reconstruction, remodeling, alteration or moving of any structure or the use of any land or structure will not be issued by the village.

In any case where a certificate of zoning compliance is not required under this code, the community development director will, upon written request, issue a certificate of such fact.

D.

Relation to other applications. No application for a zoning variation, application for a special permit, application for an amendment or application for approval of a development concept plan will be processed unless an application for a certificate of zoning compliance will first have been received, processed and approved, or denied solely on one or more grounds that form the basis for the application. It is the intent of this section that no application filed pursuant to this chapter with respect to a specific use or development proposal will be processed until the community development director is satisfied that the proposed use or development complies with the provisions of this code in all respects except those within the scope of such application.

E.

Procedure.

1.

Application. Applications for certificates of zoning compliance will be filed in accordance with the requirements of subsection 1-301.E.2 of this chapter.

2.

Action on application. Within ten days following receipt of a completed application for a certificate of zoning compliance, the community development director will cause the application and related submissions to be reviewed for compliance with this code and will inform the applicant whether the application has been granted or denied.

In any case where an application is granted, the community development director will issue a certificate of zoning compliance that will read on its face:

"THIS CERTIFICATE DOES NOT SIGNIFY BUILDING CODE REVIEW OR APPROVAL AND IS NOT AUTHORIZATION TO UNDERTAKE ANY WORK WITHOUT SUCH REVIEW AND APPROVAL WHERE EITHER IS REQUIRED.

"BEFORE ANY STRUCTURE TO WHICH THIS CERTIFICATE IS APPLICABLE MAY BE OCCUPIED OR USED FOR ANY PURPOSE, A CERTIFICATE OF OCCUPANCY MUST BE OBTAINED."

In any case where an application is denied, the community development director will state specific reasons therefor and will cite the specific provisions of this code upon which such denial is based. If relief from such demand would be available pursuant to a companion application filed in connection with the application for a certificate of zoning compliance, the community development director will inform the applicant and will promptly process such companion application. If the application is approved, the community development director will issue the requested certificate of zoning compliance in accordance with the terms and conditions of such approval.

If relief from the community development director's denial of a certificate of zoning compliance would be available by variation, special permit or site plan review, but no application therefor has been filed, the community development director will so state and refer the applicant to the appropriate provisions of this code.

3.

Contents of certificate. Each certificate of zoning compliance issued pursuant to this section will state the specific use of the subject property for which it is issued; identify the specific plans; if any, pursuant to which it is issued; and set forth any conditions imposed in connection with any approval granted pursuant to this code.

4.

Filing of certificates. Every certificate issued pursuant to this section will be kept on file with the community development director and will be a public record open to inspection in accordance with the provisions of the Illinois Freedom of Information Act.

F.

Effect of issuance of certificate of zoning compliance. The issuance of a certificate of zoning compliance will not authorize the establishment, expansion or extension of any use nor the development, construction, relocation, alteration or moving of building or structure, but will merely authorize the preparation, filing and processing of applications for any additional permits and approvals that may be required by the codes and ordinances of the village, including, but not limited to, a building permit, a certificate of occupancy and subdivision approval.

G.

Limitations on certificates. Subject to an extension of time granted by the community development director pursuant to subsection 1-101.L of this chapter, a certificate of zoning compliance will become null and void six months after the date on which it was issued unless within such period construction, reconstruction, remodeling, alteration or moving of a structure is commenced or a use is commenced.

H.

Void certificates. Any certificate of zoning compliance issued in violation of the provisions of this code, whether intentionally, negligently or innocently, will be void and confer no rights whatsoever.

1-402:

Certificate of occupancy.

A.

Authority. The community development director will have authority to issue certificates of occupancy; provided, however, that no such certificate will be issued except in accordance with the provisions of this section and the other relevant provisions of this code governing development, building and related matters.

B.

Purpose. For the purposes of this code, the certificate of occupancy provides a procedure for the inspection of completed premises to ensure their compliance with this code and approved plans prior to commencement of the use or occupancy of such premises. The certificate may also evidence compliance with other relevant provisions of this code, as set forth in those provisions.

C.

Certificate required. Unless a certificate of occupancy is obtained certifying compliance with the provisions of this code:

1.

No structure, or addition thereto, constructed, reconstructed, remodeled, altered or moved after the effective date of this code will be occupied or used for any purpose;

2.

Except for changes involving only substitution of occupants in existing dwelling units, no use or occupancy of any land or structure will be changed to any other use or occupancy, whether or not construction, remodeling, alteration or moving is involved.

D.

Procedure.

1.

Application. Where no certificate of zoning compliance is required, applications for certificates of occupancy will be filed in accordance with the requirements of section 1-301 of this chapter.

Where a certificate of zoning compliance has been issued, the application for that certificate will also be treated as the application for a certificate of occupancy and will be processed as such at such time as the applicant notifies the community development director in writing that the subject structure or use is ready for a certificate of occupancy in accordance with the certificate of zoning compliance.

In any case where the structure or use involved has been constructed or established pursuant to any approval granted pursuant to this code, the application will be accompanied by "as built" plans depicting the structure or use as built and bearing the certificate of a surveyor, engineer, architect, land planner or owner-designer, as may be appropriate, certifying that the structure or use as built conforms in all respects to the approval granted.

2.

Action on application. Within ten days following the receipt of a completed application, the community development director will cause the subject structure or premises to be inspected and will take on the following actions based on the inspection:

(a)

If all work has been completed and the structure and use thereof are in full and complete compliance with all applicable provisions of this code, other relevant codes and ordinances of the village, the applicant's plans as approved and any conditions attached to any approval issued pursuant to this code, the community development director will issue a certificate of occupancy;

(b)

If, however, all work is not complete or is in any manner not in full compliance with all applicable requirements, the community development director will deny the application and inform the applicant in writing of the specific deficiencies on which the denial is based, citing the particular provisions of the codes and ordinances of the village, the particular items in the applicant's plans or the applicable special approval conditions with respect to which compliance is lacking.

3.

Contents of certificates. In addition to the matters required to be contained in a certificate of occupancy pursuant to other applicable provisions of this code, each certificate of occupancy issued pursuant to this section will state the specific use of the subject property for which it is issued; identify the specific plans, if any, pursuant to which it is issued and set forth any conditions imposed in connection with any approval granted pursuant to this code.

4.

Filing of certificates. Every certificate issued pursuant to this section will be kept on file with the community development director and will be a public record open to inspection pursuant to the provisions of the Illinois Freedom of Information Act.

E.

Temporary certificate of occupancy. Notwithstanding the provisions of paragraph D.2 above, where construction, reconstruction, remodeling or alteration of a structure does not require the vacating of the structure, or where parts of the structure are finished and ready for occupancy before the completion of such construction, reconstruction, remodeling or alteration and are certified upon inspection to be safe for use or occupancy and to be in full compliance with all applicable provisions of this code, other relevant codes and ordinances of the village, the applicant's plans as approved and any conditions attached to any approvals issued pursuant to this code with respect to such structure or its premises, a temporary certificate of occupancy may be issued for a period not to exceed six months from its date, which temporary certificate will bear on its face, in bold type, a statement of its temporary nature.

F.

Certificate of occupancy for existing uses. The community development director may issue a certificate of occupancy certifying the lawful existence and use of any existing structure or use in the same manner, and subject to the same standards and limitations, as authorized by this section with respect to new structures and uses. The certificate will be prima facie evidence of the facts contained in it with respect to any structure or use as of the date of its issue and remain effective for that purpose for so long as neither the use or structure nor the applicable provisions of this code are changed.

G.

Certificate of occupancy for legal nonconformities. The community development director may issue a certificate of occupancy certifying the lawful existence and use of any nonconforming use, structure, lot or sign in the same manner, and subject to the same standards and limitations, as authorized by this section with respect to new structures and uses.

H.

Void certificates. Any certificate of occupancy issued in violation of the provisions of this code, whether intentionally, negligently, or innocently, will be void ab initio and will confer no rights whatsoever.

1-501:

Interpretations.

A.

Authority. The community development director may, subject to the procedures, standards and limitations of this section, render interpretations, including use interpretations, of the provisions of this code and of any rule or regulation issued pursuant to it.

B.

Purpose. The interpretation authority established by this section is intended to recognize that the provisions of this code though detailed and lengthy, cannot possibly address every specific situation to which they may have to be applied. Many such situations can, however, be readily addressed by an interpretation of the specific provisions of this code in light of the general and specific purposes for which those provisions have been enacted. Because the interpretation authority herein established is an administrative rather than a legislative authority, it is not intended to add to or change the essential content of this code but, rather, it is not intended only to allow authoritative application of that content to specific cases.

C.

Parties entitled to seek interpretations. Applications for interpretations may be filed by any person having an interest in the circumstances giving rise to the need for an interpretation; provided, however, that interpretations will not be sought by any person based solely on hypothetical facts or where the interpretation would have no effect other than as an advisory opinion.

D.

Procedure.

1.

Application. Applications for interpretations of this code will be filed in accordance with the requirements of section 1-301 of this chapter.

2.

Action on application. Within 35 days following the receipt of a properly completed application for interpretation, the community development director will inform the applicant in writing of his interpretation, stating the specific precedent, reasons and analysis upon which the determination is based.

The failure of the community development director to act within 35 days, or such further time to which the applicant can agree, will be deemed to be a decision denying the application rendered on the day following such 35-day period.

3.

Appeal. Appeals from interpretations rendered by the community development director may be taken to the planning and zoning commission as provided in section 1-502 of this chapter.

E.

Standards for use interpretations. The following standards will govern the community development director, and the planning and zoning commission on appeals from the community development director, in issuing use interpretations:

1.

No use interpretation will be given with respect to any residential district.

2.

Any use defined in chapter 2 or as otherwise defined in appendix A (2012 North American Industry Classification System) of this code will be strictly interpreted as therein defined.

3.

No use interpretation will permit a use not already listed as a permitted or special permit use in the district proposed for that use.

4.

No use interpretation will permit any use in any district unless evidence is presented that demonstrates that it will comply with each use limitation established for that particular district.

5.

No use interpretation will permit any use in a particular district unless such use is substantially similar to other uses permitted in such district.

6.

If the proposed use is most similar to a use permitted only as a special permit use in the district in which it is proposed to be located, then any use interpretation permitting such use will be conditioned on the issuance of a special permit for such use pursuant to section 1-602 of this chapter.

7.

No use interpretation will permit the establishment of any use that would be inconsistent with the statement of purpose of the district in question.

8.

Subject to the foregoing conditions and limitations, in rendering use interpretations the community development director will be guided by the 2012 North American Industry Classification System, as amended by the village (see appendix A) and the use classification methodology used therein.

F.

Effect of favorable use interpretation. No use interpretation finding a particular use to be permitted or specially permitted in a particular district will authorize the establishment of that use nor the development, construction, reconstruction, alteration or moving of any building or structure but will merely authorize the preparation, filing and processing of applications for any permits and approvals that may be required by the codes and ordinances of the village, including, but not limited to, a special permit, a certificate of zoning compliance, a building permit, a certificate of occupancy, subdivision approval and site plan approval.

G.

Limitations on favorable use interpretations. Subject to an extension of time granted by the community development director pursuant to subsection 1-101.L of this chapter, no use interpretation finding a particular use to be permitted or specially permitted in a particular district will be valid for a period longer than six months from the date of issue unless a building permit is issued, and construction is actually begun within that period and is thereafter diligently pursued to completion, or a certificate of occupancy is obtained and a use commenced within that period.

A use interpretation finding a particular use to be permitted or specially permitted in a particular district will be deemed to authorize only the particular use for which it was issued, and such permit will not be deemed to authorize any allegedly similar use for which a separate use interpretation has not been issued. The permit will automatically expire and cease to be of any force or effect if the particular use for which it was issued will, for any reason, be discontinued for a period of six consecutive months or more.

1-502:

Appeals.

A.

Authority. Except as provided in subparagraph 1-604.E.1(d) of this chapter with regard to site plan review appeals, the planning and zoning commission will hear and decide appeals from, and review orders, decisions, determinations, or the failure to act, of the community development director acting pursuant to his authority and duties under this code and to that end the board of appeals will have the same powers and be subject to the same standards and limitations as the community development director with respect to any order, decision or determination being appealed.

B.

Purpose. The appeal procedure is provided as a safeguard against arbitrary, ill-considered or erroneous administrative decisions. It is intended to avoid the need for resort to legal action by providing a local procedure for the review and correction of administrative errors. It is not, however, intended as a means to subvert the clear purposes, intent or meaning of this code or the rightful authority of the community development director to enforce this code. To these ends, the reviewing body will give all proper deference to the spirit and language of this code and to the reasonable interpretations of those charged with its administration.

C.

Parties entitled to appeal. An application for appeal to the planning and zoning commission may be filed by any person aggrieved or adversely affected by an order, decision, determination or failure to act of the community development director acting pursuant to his authority and duties under this code.

D.

Procedure.

1.

Application. An application for appeal to the planning and zoning commission will be filed not later than 45 days following the action being appealed and in accordance with the requirements of section 1-301 if this chapter.

2.

Action by community development director. Upon receipt of a properly completed application for an appeal, the community development director will transmit to the planning and zoning commission the application together with all papers constituting the record upon which the action appealed from was taken.

3.

Public hearing. A public hearing will be set, noticed and conducted by the planning and zoning commission in accordance with section 1-303 of this chapter.

4.

Action by planning and zoning commission. Within 30 days following the close of the public hearing the planning and zoning commission will render a decision on the appeal in the manner and form specified in subsection 1-103.C of this chapter. The decision may reverse, affirm or modify, in whole or in part, the action appealed from and may include such order or determination as, in the opinion of the planning and zoning commission, is proper to be made in the premises.

The failure of the board to act within 30 days, or such further time to which the applicant may agree, will be deemed to be a decision denying the appeal.

E.

Stay of proceedings. An application for appeal properly filed pursuant to subsection D above will stay all proceedings in the furtherance of the action appealed from, unless the community development director certifies to the planning and zoning commission after the application for appeal has been filed with the community development director that, by reason of facts stated in the certificate, a stay would, in the community development director's opinion, cause imminent peril to life or property, in which case the proceedings will not be stayed other than by a restraining order, which may be granted by the planning and zoning commission or by the circuit court on application, upon reasonable written notice to the community development director and on due cause shown.

F.

Right to grant variation in deciding appeals. In any case where the application for appeal is accompanied by an application for variation in accordance with section 1-503 of this chapter, the planning and zoning commission will have the authority to grant, as part of the relief, a variation but only in strict compliance with each provision of said section 1-503.

G.

Conditions and limitations on rights granted by appeal. In any case where this code imposes conditions and limitations upon any right, any such right granted by the planning and zoning commission on appeal will be subject to such conditions and limitations in the same manner and to the same extent as if secured without the necessity of an appeal.

1-503:

Variations.

A.

Authority. The board of trustees will have the authority to grant variations from the provisions of this code, but only in compliance with the procedures set forth in subsection D of this section and in those specific instances enumerated in subsection E of this section and then only in accordance with each of the standards enumerated in subsection F of this section.

B.

Purpose. The variation procedure is intended to provide a narrowly circumscribed means by which relief may be granted from unforeseen particular applications of this code that create practical difficulties or particular hardships. When such difficulties or hardships are more appropriate for remedy, if at all, pursuant to other provisions of this chapter 3, the variation procedure is necessarily inappropriate.

C.

Parties entitled to seek variations. Applications for variations may be filed by the owner of, or any person having a contractual interest in, the subject property.

D.

Procedure.

1.

Application. Applications for variations will be filed in accordance with the requirements of section 11-301 of this chapter.

2.

Public hearing. A public hearing will be set, noticed and conducted by the planning and zoning commission in accordance with section 1-303 of this chapter.

3.

Action by planning and zoning commission. Within 35 days following the close of the public hearing, the planning and zoning commission will render its decision, granting or denying the variation, in the manner and form specified by subsection 1-103.C of this chapter.

The failure of the board to act within 35 days, or such further time to which the applicant may agree, will be deemed to be a decision denying the variation.

E.

Authorized variations.

1.

Permitted variations. Subject to the prohibitions set forth in paragraph E.2 below, and subject to the other provisions of this section, the planning and zoning commission may only consider and recommend the following variations:

(a)

To reduce the dimension of any required yard or setback of a lot of record existing at the time that the application for the variation is submitted;

(b)

To permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots, but in no event will the respective area and width of the lot or lots be less than 90 percent of the required area and width, and only on a lot of record existing at the time that the application for the variation is submitted;

(c)

To increase the maximum allowable height of any fence;

(d)

To reduce by not more than 25 percent, or one space, whichever is greater, the minimum number of off-street parking spaces or loading spaces otherwise required;

(e)

To increase by not more than one sign the maximum number of signs of any functional type otherwise allowed;

(f)

To allow the otherwise prohibited restoration of a partially damaged or destroyed pre-code structure or structure devoted to a nonconforming use;

(g)

To allow yard variations in excess of those permitted by this code in connection with the development of a legal nonconforming lot of record;

(h)

To permit the use of one or more residential lots for a use otherwise prohibited solely because of the insufficient width of the lot or lots, where:

(i)

The lot or lots for which the variation is sought are the result of a proposed subdivision that includes one or more existing nonconforming lots of record;

(ii)

The application for a proposed subdivision is submitted concurrently with the application for variation;

(iii)

The width of the lot or lots for which the variation is sought is not less than 75 percent of the required width;

(iv)

The area of the lots for which a variation is sought is not less than 115 percent of the required lot area;

(v)

The creation of new lots does not increase the degree of nonconformity as to width that exists in the existing nonconforming lot or lots at the time of application; and

(vi)

The number of lots for which the variation is sought does not exceed either the number of nonconforming lots to be subdivided for the proposed subdivision or 30 percent of the total number of lots created by the proposed subdivision, whichever is less.

Any variation granted pursuant to this subparagraph will run only to the applicant, as a personal privilege.

(i)

To reduce the bulk, yard, setback and space requirements when a zoning lot, whether vacant or legally used, is reduced in size, by reason of the exercise of the right of eminent domain by an authorized governmental body or by reason of a conveyance made under the specific threat of an eminent domain proceeding, so that the remainder of said zoning lot, or any structure or use on said zoning lot, does not conform with one or more of such bulk, yard, setback or space requirements of the district in which said zoning lot is located.

(j)

To permit the use of one or more residential lots for a use otherwise prohibited solely because of the insufficient width of the lot or lots, where:

(i)

The application for a proposed subdivision is submitted concurrently with the application for variation;

(ii)

The width of the lot or lots for which the variation is sought is not less than 75 percent of the required width;

(iii)

The area of the lots for which a variation is sought is not less than 115 percent of the required lot area; and

(iv)

The lot width of the lots created by the proposed subdivision is not less than the lot width of 75 percent of the remaining lots along the same frontage as the proposed new lots.

Any variation granted pursuant to this subparagraph will run only to the applicant, as a personal privilege.

(k)

To increase the maximum height of an alteration to, or enlargement of, a principal single-family detached residential pre-code structure located in a single-family residential district authorized pursuant to chapter 7 of this code, but in no event to a height exceeding the otherwise applicable district height limitations.

(l)

To permit a reduction of the required lot width for property that is annexed to the village pursuant to an annexation agreement that is duly authorized by the corporate authorities in the manner required by the Illinois Municipal Code.

(m)

To increase the maximum height of an alteration to, or enlargement of, a principal single-family detached residential pre-code structure located in a single-family residential district authorized by this code, but in no event to a height exceeding the otherwise applicable district height limitations.

2.

Prohibited variations. Notwithstanding any other provision of this section, no variation will be granted that:

(a)

Is intended as a temporary measure only; or

(b)

Is greater than the minimum variation necessary to relieve the particular hardship or practical difficulty demonstrated by the applicant.

F.

Standards for variations.

1.

General standard. No variation will be granted pursuant to this section unless the applicant will establish that carrying out the strict letter of the provisions of this code would create a particular hardship or a practical difficultly. Such a showing will require proof that the variation being sought satisfies each of the standards set forth in this subsection F.

2.

Unique physical condition. The subject property is exceptional as compared to other lots subject to the same provision by reason of a unique physical condition, including presence of an existing use, structure or sign, whether conforming or nonconforming; irregular or substandard shape or size; exceptional topographical features; or other extraordinary physical conditions peculiar to and inherent in the subject property that amount to more than a mere inconvenience to the owner and that relate to or arise out of the lot rather than the personal situation of the current owner of the lot.

3.

Not self-created. The aforesaid unique physical condition is not the result of any action or inaction of the owner or his predecessors in title and existed at the time of the enactment of the provisions from which a variation is sought or was created by natural forces or was the result of governmental action, other than the adoption of this code, for which no compensation was paid.

4.

Denied substantial rights. The carrying out of the strict letter of the provision from which a variation is sought would deprive the owner of the subject property of substantial rights commonly enjoyed by owners of other lots subject to the same provision.

5.

Not merely special privilege. The alleged hardship or difficulty is not merely the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision, nor merely an inability to make more money from the sale of the subject property; provided, however, that where the standards herein set out exist, the existence of an economic hardship will not be a prerequisite to the grant of an authorized variation.

6.

Code and plan purposes. The variation would not result in a use or development of the subject property that would not be in harmony with the general and specific purposes for which this code and the provision from which a variation is sought were enacted or the general purpose and intent of the Village of South Chicago Heights Comprehensive Land Use Plan.

7.

Essential character of the area. The variation would not result in a use or development on the subject property that:

(a)

Would be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development value of property or improvements permitted in the vicinity;

(b)

Would materially impair an adequate supply of light and air to the properties and improvements in the vicinity;

(c)

Would substantially increase congestion in the public streets due to traffic or parking;

(d)

Would unduly increase the danger of flood or fire;

(e)

Would unduly tax public utilities and facilities in the area; or

(f)

Would endanger the public health and safety.

8.

No other remedy. There is no means other than the requested variation by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject property.

G.

Variation less than requested. A variation less than or different from that requested may be granted when the record supports the applicant's right to some relief but not to the relief requested.

H.

Conditions on variations. The planning and zoning commission may impose such specific conditions and limitations concerning use, construction, character, location, landscaping, screening and other matters relating to the purposes and objectives of this code upon the premises benefited by a variation as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services. Such conditions will be expressly set forth in the resolution granting the variation. Violation of any such condition or limitation will be a violation of this code and will constitute grounds for revocation of the variation.

I.

Affidavit of compliance with conditions; fee. Whenever any variation authorized pursuant to this section is made subject to conditions and limitations to be met by the applicant, the applicant will upon meeting such conditions file an affidavit with the community development director so stating. Such affidavit will be accompanied by a nonrefundable fee, to be fixed in each case by the community development director, to recover the village's actual direct cost of an inspection to verify that such conditions and limitations have been met.

J.

Effect of grant of variation. The grant of a variation will not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure but will merely authorize the preparation, filing and processing of applications for any permits and approval that may be required by the codes and ordinances of the village, including, but not limited to, a certificate of zoning compliance, a building permit, a certificate of occupancy, subdivision approval and site plan approval.

K.

Limitations on variations. Subject to an extension of time granted by the community development director or board of trustees pursuant to subsection 1-101.L of this chapter, no variation from the provisions of this code will be valid for a period longer than 180 days, and no variation from the provisions of this code that is granted concurrently with a special permit will be valid for a period longer than one year, unless a building permit is issued and construction has actually begun within that period and is thereafter diligently pursued to completion or unless a certificate of occupancy is issued and a use is commenced within that period. Variations granted pursuant to subparagraph 1-503.E.1(j) of this chapter will be valid for a period that is coterminous with the period that the tentative subdivision plat is valid, and will be deemed final variations that run with the land only after recordation of a duly approved final subdivision plat.

A variation will be deemed to authorize only the particular construction or development for which it was issued and will automatically expire and cease to be of any force or effect if such construction or development will be removed and not replaced within six months following such removal.

1-601:

Amendments.

A.

Authority. This code and the zoning map may be amended from time to time by ordinance duly enacted by the board of trustees in accordance with the procedures set out in this section.

B.

Purpose. The amendment process established by this section is intended to provide a means for making changes in the text of this code and in the zoning map that have more or less general significance or application. It is not intended to relieve particular hardships or to confer special privileges or rights. Rather, it is intended as a tool to adjust the provisions of this code and zoning map in light of changing, newly discovered or newly important conditions, situations or knowledge.

C.

Parties entitled to seek amendments. An application for an amendment may be filed by the board of trustees, the plan commission, the planning and zoning commission, the owner of, or any person having a contractual interest in, any property to be affected by a proposed amendment to the zoning map, or any person interested in a proposed amendment to the text of this code.

D.

Procedure.

1.

Preliminary consideration.

(a)

Preliminary application. A preliminary application for an amendment to this code or the zoning map will be filed in accordance with the requirements of paragraph 1-301.E.1 of this chapter.

(b)

Referral to board. Every properly filed and completed preliminary application for an amendment to this code or the zoning map will, before being processed in any other manner, be referred to the board of trustees pursuant to subsection 1-301.A.3 of this chapter.

(c)

Action by board. The board of trustees will, not later than the first regular board of trustees meeting after the preliminary application has been referred to it, commence and conclude its review of the preliminary application.

The purpose of such review will be to broadly acquaint the board of trustees with the applicant's proposal and to provide the applicant with any preliminary views or concerns that members of the board may have at a time in the process when positions are still flexible and adjustment is still possible and prior to the time when the applicant is required to expend the funds necessary to prepare the complete documentation required for a formal application.

At the meeting at which the preliminary application is considered, any member of the board of trustees may make any comments, suggestions or recommendations regarding the preliminary application deemed necessary or appropriate by that member; provided, however, that no final or binding action will be taken with respect to any preliminary application. Any views expressed in the course of the board's review of any preliminary application will be deemed to be only preliminary and advisory and only the individual views of the member expressing them. Nothing said or done in the course of such review will be deemed to create, or to prejudice, any rights of the applicant or to obligate the board of trustees, or any member of it, to approve or deny any formal application following full consideration thereof as required by this code.

(d)

Specified public bodies exempt. Amendments proposed by the board of trustees, the plan commission or the planning and zoning commission will not be subject to the provisions of this subsection.

2.

Formal consideration.

(a)

Formal application. Subsequent to the board of trustees' review and consideration of the preliminary application, but in no event more than six months thereafter, a formal application for an amendment to this code or the zoning map will be filed in accordance with the requirements of paragraphs 1-301.A.3 and 1-301.E.6 of this chapter for a code amendment and paragraph 1-301.E.8 of this chapter for a map amendment. Except as expressly provided otherwise herein, no formal application for an amendment to this code will be filed unless the board of trustees will have first reviewed a preliminary application for such amendment in accordance with paragraph D.1 of this section.

(b)

Referral. Every properly filed and completed formal application for an amendment to this code or the zoning map will be referred by the community development director to the planning and zoning commission.

(c)

Public hearing. In any case where a formal application for an amendment to this code or the zoning map is referred by the community development director pursuant to subparagraph D-2(b) of this section, a public hearing will be set, noticed, and conducted by the planning and zoning commission in accordance with section 1-303 of the chapter.

(d)

Action by plan commission. Within 21 days following the conclusion of the public hearing, the planning and zoning commission will transmit to the board of trustees its recommendation in the form specified by subsection 1-103.C of this chapter.

(e)

[Failure to act buy commission.] The failure of the commission to act within 21 days following the conclusion of such hearing, or such further time to which the applicant may agree, will be deemed a recommendation for the approval of the proposed amendment as submitted.

(f)

Action by board of trustees; protest. Within 60 days following the receipt of the recommendation of the planning and zoning commission, or its failure to act as above provided, the board of trustees will either deny the application or, by ordinance duly adopted, adopt the proposed amendment, with or without modifications; provided, however, that in the event a duly signed and acknowledged protest against a proposed amendment is filed with the village clerk before the adoption of such amendment by the owners of 20 percent or more of the frontage to be affected by the proposed amendment, or by the owners of 20 percent or more of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20 percent or more of the frontage directly opposite the frontage to be affected, such amendment will not be passed except by a two-thirds vote of the board of trustees.

(g)

[Failure to act by board of trustees.] The failure of the board of trustees to act within 60 days or such further time to which the applicant may agree, will be deemed to be a decision denying the application.

E.

Standard for amendments. The wisdom of amending the zoning map or the text of this code is a matter committed to the legislative discretion of the board of trustees and is not dictated by any set standard. However, in determining whether a proposed amendment should be granted or denied, the board should be guided by the principle that its power to amend this code is not an arbitrary one but one that may be exercised only when the public good demands or requires the amendment to be made. In considering whether that principle is satisfied in any particular case, the board should weigh the factors that paragraph 1-301.E.8 requires the applicant to address.

1-602:

Special permits.

A.

Authority. The board of trustees may, in accordance with the procedures and standards set out in this section and by ordinance duly adopted, grant special permits authorizing the development of uses listed as special permit uses in the regulations applicable to the district in which the subject property is located.

B.

Purpose. Special permit uses are those uses having some special impact or uniqueness that require a careful review of their location, design, configuration and special impact to determine, against fixed standards, the desirability of permitting their establishment on any given site. They are uses that may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect.

C.

Parties entitled to seek special permits. An application for a special permit may be filed by the owner of, or any person having a contractual interest in, the subject property.

D.

Procedure.

1.

Preliminary consideration.

(a)

Preliminary application. A preliminary application for a special permit will be filed in accordance with the requirements of subsection 1-301.E.1 of this chapter.

(b)

Referral to board. Every properly filed and completed preliminary application for a special permit will, before being processed in any other manner, be referred to the board of trustees pursuant to subsection 1-301.A.3 of this chapter.

(c)

Action by board. The board of trustees will, not later than the first regular board of trustees meeting after the preliminary application has been referred to it, commence and conclude its review of the preliminary application.

(d)

[Purpose of review.] The purpose of such review will be to broadly acquaint the board of trustees with the applicant's proposal and to provide the applicant with any preliminary views or concerns that members of the board may have at a time in the process when positions are still flexible and adjustment is still possible and prior to the time when the applicant is required to expend the funds necessary to prepare the complete documentation required for a formal application.

(e)

[Recommendations.] At the meeting at which the preliminary application is considered, any member of the board of trustees may make any comments, suggestions or recommendations regarding the preliminary application deemed necessary or appropriate by that member; provided, however, that no final or binding action will be taken with respect to any preliminary application. Any views expressed in the course of the board's review of any preliminary application will be deemed to be only preliminary and advisory and only the individual views of the member expressing them. Nothing said or done in the course of such review will be deemed to create, or to prejudice, any rights of the applicant or to obligate the board of trustees, or any member of it, to approve or deny any formal application following full consideration thereof as required by this code.

(f)

Specified public bodies exempt. Special permits proposed by the board of trustees, the planning and zoning commission or the planning and zoning commission will not be subject to the provisions of this subsection.

2.

Formal consideration.

(a)

Formal application. Subsequent to the board of trustees' review and consideration of the preliminary application, but in no event more than six months thereafter, a formal application for a special permit will be filed in accordance with the requirements of paragraphs 1-301.A.3 and 1-301.E.7 of this chapter. Except as expressly provided otherwise herein, no formal application for a special permit will be filed unless the board of trustees will have first reviewed a preliminary application for such special permit in accordance with paragraph D.1 of this section.

(b)

Referral. Every properly filed and completed formal application for a special permit will be referred by the community development director to the planning and zoning commission.

(c)

Public hearing. In any case where a formal application for a special use permit is referred to the planning and zoning commission pursuant to subparagraph D.2(b) of this section, a public hearing will be set, noticed and conducted by the planning and zoning commission in accordance with section 1-303 of this chapter.

(d)

Action by planning and zoning commission. Within 21 days following conclusion of the public hearing, the planning and zoning commission will transmit to the board of trustees its recommendation in a form specified by subsection 1-103.C of this chapter, recommending either granting the application for a special permit; granting the application subject to conditions, as specified in subsection F. below; or denying the application.

The failure of the planning and zoning commission to act within 21 days, or such further time to which the applicant may agree, will be deemed a recommendation for the approval of the proposed special permit.

(e)

Action by board of trustees; protest. Within 60 days following the receipt of the recommendation of the planning and zoning commission, or its failure to act as above provided, the board of trustees will either deny the application or, by ordinance duly adopted, will grant the special permit, with or without modifications or conditions; provided, however, that in the event a duly signed and acknowledged protest against the proposed special permit is fled with the village clerk by the owners of 20 percent or more of the frontage to be affected by the proposed special permit, or by the owners of 20 percent or more of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20 percent or more of the frontage directly opposite the frontage to be affected, such ordinance will not be adopted except by a two-thirds vote of the board of trustees.

E.

Standards for special permits.

1.

General standards. No special permit will be recommended or granted pursuant to this section unless the applicant will establish that:

(a)

Code and plan purposes. The proposed use and development will be in harmony with the general and specific purposes for which this code was enacted and for which the regulations of the district in question were established and with the general purpose and intent of the Village of South Chicago Heights Comprehensive Land Use Plan.

(b)

No undue adverse impact. The proposed use, drainage and development will not have a substantial or undue adverse effect upon adjacent property, the character of the area or the public health, safety and general welfare.

(c)

No interference with surrounding development. The proposed use and development will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the use and development of neighboring property in accordance with the applicable district regulations.

(d)

Adequate public facilities. The proposed use and development will be served adequately by essential public facilities and services such as streets, public utilities, drainage structures, police and fire protection, refuse disposal, parks, libraries, and schools, or the applicant will provide adequately for such services.

(e)

No traffic congestion. The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets.

(f)

No destruction of significant features. The proposed use and development will not result in the destruction, loss or damage of natural, scenic or historic feature of significant importance.

(g)

Compliance with standards. The proposed use and development complies with all additional standards imposed on it by the particular provision of this code authorizing such use.

2.

Special standards for specified special permit uses. Where the district regulations authorizing any special permit use in a particular district impose special standards to be met by such use in such district, a permit for such use in such district will not be recommended or granted unless the applicant will establish compliance with such special standards.

3.

Considerations. In determining whether the applicant's evidence establishes that the foregoing standards have been met, the planning and zoning commission will consider:

(a)

Public benefit. Whether, and to what extent, the proposed use and development at the particular location requested is necessary or desirable to provide a service or a facility that is in the interest of the public convenience or that will contribute to the general welfare of the neighborhood or community; and

(b)

Mitigation of adverse impacts. Whether, and to what extent, all steps possible have been taken to minimize any adverse effects of the proposed use and development on the immediate vicinity through building design, site design, landscaping and screening.

F.

Conditions; periodic review; term.

1.

Conditions on special permits. In order to prevent or minimize substantial or undue adverse effects upon neighboring and adjacent properties and improvements, substantial or undue or upon public facilities and services, the planning and zoning commission may recommend, and the board of trustees may impose, and expressly include in the ordinance granting a special permit, conditions and limitations upon the premises benefited by a special permit. Such conditions, restrictions, and limitations may include, without limitation, the following:

(a)

Limitations and restrictions of the use of the subject property;

(b)

Restrictions on construction activity that will occur on and around the subject property;

(c)

Conditions concerning the character and design of the proposed use and development;

(d)

The location of the use within the subject property;

(e)

The provision of landscaping and screening, with specific regarding to design, quantity, quality, size and location;

(f)

Restrictions on the hours of operation of the use;

(g)

A requirement that the subject property be developed and used in strict accordance with a site plan that is attached to the ordinance granting the special permit; and

(h)

Any other matters relating to the purposes and objectives of this code.

2.

Violation of conditions. Violation of any of the conditions imposed pursuant to paragraph 1-602.F.1 of this code will be a violation of this code and will constitute grounds for revocation of the special permit.

3.

Periodic review. The planning and zoning commission may recommend, and the board of trustees may impose, a requirement that the special permit be publicly reviewed periodically pursuant to and in accordance with such procedures as are set forth in the ordinance granting the special permit. In every instance, such procedures will provide the applicant with advance notice of, and an opportunity to be heard at, such periodic review.

4.

Term of special permit. Because of the unique operational nature, and potential unknown adverse impacts, of certain special permit uses, the planning and zoning commission may recommend, and the board of trustees may impose, a term limitation on the duration of certain special permit uses. Such term limitation will (a) be set forth in the ordinance granting the special permit and (b) will be subject to renewal in accordance with subsection 1-602.K of this code.

G.

Affidavit of compliance with conditions. Whenever any special permit granted pursuant to this section is made subject to conditions or limitations to be met by the applicant, the applicant will, upon meeting such conditions, file an affidavit with the community development director so stating. Such affidavit will be accompanied by a nonrefundable fee, to be fixed in each case by the community development director, to recover the village's actual direct cost of an inspection to verify that such conditions and limitations have been met.

H.

Effect of issuance of a special permit. The granting of a special permit will not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but will merely authorize the preparation, filing and processing of applications for any permits or approvals that may be required by the codes and ordinances of the village, including, but not limited to, a certificate of zoning compliance, a building permit, a certificate of occupancy and subdivision approval.

I.

Limitations on special permits. Subject to an extension of time granted by the community development director pursuant to subsection 1-101.L of this chapter, no special permit will be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is there-after diligently pursued to completion or unless a certificate of occupancy is issued and a use commended within that period. A special permit will be deemed to authorize only the particular use for which it was issued, and such permit will automatically expire and cease to be of any force or effect if such use will, for any reason, be discontinued for a period of six consecutive months or more. Except when otherwise provided in the ordinance granting a special permit, a special permit will be deemed to relate to, and be for the benefit of, the current owner or operator of the use or lot in question rather than to the lot itself.

J.

Amendments to special permits. A special permit may be amended, varied or altered only pursuant to the procedures and subject to the standards and limitations provided in this section 1-602 for its original approval.

K.

Renewal of special permits. The board of trustees may, in accordance with the procedures and standards set out in this subsection, consider requests for renewal of special permits. An application for the renewal of a special permit must be filed by the party to whom a special permit was granted, or a permitted successor thereto or assignee thereof, and must be filed prior to the date on which the term of the special permit is scheduled to expire. The board of trustees may consider such request at a public hearing following notice pursuant to subparagraph 1-303.B.3(c) of this code. The board of trustees may, but will have no obligation to, seek the recommendation of another board or commission of the village prior to such consideration. In the event that the party requesting such renewal demonstrates, to the satisfaction of the board of trustees, that the standards and circumstances under which the special permit was originally approved have not materially changed, then the board of trustees will, by ordinance duly adopted, renew the special permit for the same period of time for which the special permit was first valid. In the event that the board of trustees determines that the standards and circumstances under which the special permit was originally approved have materially changed, the board of trustees will have no obligation to renew the special permit.

1-603:

Planned developments.

A.

Authority. The board of trustees may, in accordance with the procedures and standards set out in this section, and by ordinance duly adopted, grant special permits authorizing the development of planned developments, but only in the districts where such developments are listed as an authorized special permit use.

B.

Purpose. Planned developments are included in this code as a distinct category of special use. As such, they are authorized for the same general purposes as all other special uses.

In particular, however, the planned development technique is intended to allow the relaxation of otherwise applicable substantive requirements based upon procedural protections providing for detailed review of individual proposals for significant developments. This special regulatory technique is included in this code in recognition of the fact that traditional regulations, which may be useful in protecting the character of substantially developed and stable areas, may impose inappropriate preregulations and rigidities upon the development or redevelopment of parcels or areas that lend themselves to an individual, planned approach.

Through the flexibility of the planned development technique, the village seeks to achieve the following specific objectives:

1.

Creation of a more desirable environment than would be possible through strict application of other village land use regulations.

2.

Promotion of a creative approach to the use of land and related physical facilities resulting in better design and development, including aesthetic amenities.

3.

Preservation and enhancement of desirable site characteristics such as natural topography, vegetation and geologic features, and the prevention of soil erosion.

4.

Combination and coordination of architectural styles, building forms, and building relationships.

5.

Provision for the preservation and beneficial use of open space.

6.

An increase in the amount of open space over that which would result from the application of conventional subdivision and zoning regulations.

7.

Encouragement of land uses that promote the public health, safety and general welfare.

C.

Parties entitled to seek planned development approval. An application for special permit to permit a planned development may be filed by the owner of, or any person having a contractual interest in, the subject property.

D.

Procedure.

1.

Preliminary consideration.

(a)

Preliminary application. A preliminary application for a special permit to permit a planned development will be filed in accordance with the requirements of subsection 1-301.E.1 of this chapter.

(b)

Referral to board. Every properly filed and completed preliminary application for a special permit to permit a planned development will, before being processed in any other manner, be referred to the board of trustees pursuant to subsection 1-301.A.3 of this chapter.

(c)

Action by board. The board of trustees will, not later than the first regular board of trustees meeting after the preliminary application has been referred to it, commence and conclude its review of the preliminary application.

The purpose of such review will be to broadly acquaint the board of trustees with the applicant's proposal and to provide the applicant with any preliminary views or concerns that members of the board may have at a time in the process when positions are still flexible and adjustment is still possible and prior to the time when the applicant is required to expend the funds necessary to prepare the complete documentation required for a formal application.

At the meeting at which the preliminary application is considered, any member of the board of trustees may make any comments, suggestions or recommendations regarding the preliminary application deemed necessary or appropriate by that member; provided, however, that no final or binding action will be taken with respect to any preliminary application. Any views expressed in the course of the board's review of any preliminary application will be deemed to be only preliminary and advisory and only the individual views of the member expressing them. Nothing said or done in the course of such review will be deemed to create, or to prejudice, any rights of the applicant or to obligate the board of trustees, or any member of it, to approve or deny any formal application following full consideration thereof as required by this code.

2.

Development concept plan.

(a)

Purpose. The development concept plan is intended to provide the applicant an opportunity to submit a plan showing the basic scope, character and nature of the entire proposed planned development without incurring undue cost. The development concept plan is the basis on which the required public hearing is held, thus permitting public consideration of the proposal at the earliest possible stage. In order to permit the village and the applicant to proceed with some assurance, approval of the development concept plan binds the applicant and the village with respect to the following basic elements of development:

(i)

Categories of uses to be permitted;

(ii)

General location of residential and nonresidential land uses;

(iii)

Overall maximum density of residential uses and intensity of nonresidential uses;

(iv)

General architectural style of the proposed development;

(v)

General location and extent of public and private open space, including recreational amenities;

(vi)

General location of vehicular and pedestrian circulation systems;

(vii)

Staging of development; and

(viii)

Nature, scope and extent of public dedications, improvements or contributions to be provided by the applicant.

(b)

Application. Subsequent to the board of trustees' review and consideration of the preliminary application, but in no event more than six months thereafter, a formal application for approval of a development concept plan will be filed in accordance with the requirements of paragraphs 1-301.A.3 and 1-301.E.9 of this chapter. No application for approval of a development concept plan will be filed unless the board of trustees will have first reviewed a preliminary application for a special permit to permit a planned development in accordance with paragraph D.1 of this section.

(c)

Board referral. Every properly filed and completed application for approval of a development concept plan will be referred by the community development director to the planning and zoning commission.

(d)

Public hearing. In any case where an application for approval of a development concept plan is referred by the community development director pursuant to subparagraph D.2(c) of this section, a public hearing will be set, noticed and conducted by the planning and zoning commission in accordance with section 1-303 of this chapter.

(e)

Action by planning and zoning commission. Within 21 days following the conclusion of the public hearing, the planning and zoning commission will transmit to the board of trustees its recommendation, in the form specified by subsection 1-103.C of this chapter that the development concept plan either be approved, be approved subject to modifications, or not be approved.

The failure of the planning and zoning commission to act within 21 days, or such further time to which the applicant may agree, will be deemed a recommendation for the approval of the development concept plan as submitted.

(f)

Action by board of trustees. Within 60 days following the receipt of the recommendation of the planning and zoning commission, or its failure to act as above provided, the board of trustees will either deny the application for approval of the development concept plan; will remand it back to the planning and zoning commission for further consideration of specified matter; or will, by resolution duly adopted, approve the development concept plan, with or without modifications and conditions to be accepted by the applicant as a condition of such approval, and refer the matter to the planning and zoning commission for processing of the final plan in accordance with paragraph D.4 of this section.

(g)

[Failure to act deemed denial.] The failure of the board of trustees to act within 60 days, or such further time to which the applicant may agree, will be deemed to be a decision denying approval of the development concept plan.

(h)

Coordination with subdivision application. When a subdivision of land is proposed in connection with a planned development, review of the tentative plant of the proposed subdivision will be carried out simultaneously with review of the development concept plan.

3.

Optional submission of final plan. The applicant may, at his option, submit a final plan for the proposed planned development pursuant to the requirements of paragraph D.4 below simultaneously with the submission of the development concept plan pursuant to the requirements of paragraph D.1 above. In such case, the applicant will comply with all provisions of this code applicable to submission of the development concept plan and to submission of the final plan. The planning and zoning commission and the board of trustees will consider such plans simultaneously and will grant or deny final plan approval in accordance with the provisions of paragraph D.4 below.

4.

Final plan.

(a)

Purpose. The final plan is intended to particularize, refine and implement the development concept plan and to serve as a complete, thorough and permanent public record of the planned development and the manner in which it is to be developed.

(b)

Application. Upon approval of the development concept plan, the applicant will file an application for final plan approval in accordance with the requirements of paragraph 1-301.E.10 of this chapter. The application will refine, implement and be in substantial conformity with the approved development concept plan.

(c)

Public meeting. A public meeting will be set, noticed and conducted by the planning and zoning commission in accordance with section 1-303 of this chapter.

(d)

Coordination with subdivision application. When a subdivision of land is proposed in connection with a planned development, review of the final plat of the proposed subdivision will be carried out simultaneously with review of the final plan.

(e)

Phasing of final plan approval. An application for final plan approval may include the entire area included in the approved development concept plan or one or more phases, stages or units thereof; provided, however, that the following matters must be addressed and provide in the first phase, stage or unit submitted for final plan approval:

(i)

All public improvements required or proposed for the entire area included in the approved development concept plan.

(ii)

All open space required or proposed for the entire area included in the approved development concept plan.

(iii)

All land dedications required or proposed for the entire area included in the approved development concept plan.

(iv)

The payment of all fees required by this code.

(f)

Action by planning and zoning commission.

(i)

Evaluation. Within 60 days following the filing of an application for approval of a final plan, the planning and zoning commission will with such aid and advice of such village staff and consultants as may be appropriate, review and act on the plan. Such review will consider:

(1)

Whether the final plan is in substantial conformity with the approved development concept plan;

(2)

The merit or lack of merit of any departure of the final plan from substantial conformity with the approved development concept plan;

(3)

Whether the final plan complies with any and all conditions imposed by the approval of the development concept plan; and

(4)

Whether the final plan complies with the provisions of this code and all other applicable federal, state and village codes, ordinances and regulations.

(ii)

Approval based on substantial conformity. If the planning and zoning commission finds substantial conformity between the final plan and the approved development concept plan and further finds the final plan to be in all other respects complete and in compliance with any and all conditions imposed by approval of the development concept plan and with the provisions of this code and all other applicable federal, state and village codes, ordinances and regulations, it will transmit the plan to the board of trustees with its recommendation, in the form specified in subsection 1-103.C of this chapter, that the board approve the final plan, with or without modifications and conditions to be accepted by the applicant as a condition of approval.

(iii)

Recommendation of denial. In any case where the planning and zoning commission finds that the final plan is not in substantial conformity with the approved development concept plan and does not merit approval, or in any case where it requires modifications of a plan that are not accepted by the applicant, the planning and zoning commission will transmit the plan to the board of trustees together with its recommendation and specific reasons in support of its recommendation, in the form specified in subsection 1-103.C of this chapter, that the final plan not be approved.

(iv)

Failure to act. The failure of the planning and zoning commission to act within the 60-day period specified in subparagraph D.4(f)(1) of this section, or such further time to which the applicant may agree, will be deemed to be a recommendation to the board of trustees to approve the final plan as submitted.

(g)

Action by board of trustees. Within 60 days following the receipt of the recommendation of the planning and zoning commission, or its failure to act as above provided, the board of trustees will take action in accordance with the following paragraphs:

(i)

Approval based on substantial conformity. If the planning and zoning commission has recommended approval of a final plan pursuant to subparagraph D.3(e)(2) of this section, the board of trustees will, unless it specifically rejects one or more of the findings of the planning and zoning commission on the basis of expressly stated reasons, approve the final plan by a duly adopted ordinance.

(ii)

Approval notwithstanding planning and zoning commission recommendation of denial. If the planning and zoning commission has recommended denial of a final plan pursuant to subparagraph D.3(e)(3) of this section, the board of trustees may, if it finds that the final plan merits approval and otherwise conforms to the requirements of this code, approve the final plan by a duly adopted ordinance.

(iii)

Referral back to planning and zoning commission. In any case other than that specified in subparagraph D.3(f)(1) above, the board of trustees may refer the final plan back to the planning and zoning commission for further consideration of specified matters.

(iv)

Conditions on final plan approval. The approval of any final plan may, in addition, be granted, with or without modifications and conditions to be accepted by the applicant as a condition of approval.

(v)

Failure to act. The failure of the board of trustees to act within 60 days, or such further time to which the applicant may agree, will be deemed to be a decision denying final plan approval.

(h)

Recording of final plan. When a final plan is approved, the community development director will cause the final plan, or the portions thereof as are appropriate, to be recorded with the Recorder of Deeds of Cook County.

(i)

Limitation on final plan approval. Construction will commence in accordance with the approved final plan within one year after the approval of such plan, or within such shorter time as may be established by the approved development schedule. Failure to commence construction within such period will, unless an extension of time will have been granted by the community development director pursuant to subsection 1-101.L of this chapter, automatically render void the final plan approval and all approvals of the planned development and all permits based on such approvals, and the community development director will, without further direction, initiate an appropriate application to revoke the special permit for all portions of the planned development that have not yet been completed.

(j)

Building and other permits. Appropriate officials of the village may, upon, but not before, receiving notice from the community development director that the documents required for final plan approval have been approved, and upon proper application by the applicant, issue building and other permits to the applicant for the development, construction and other work in the area encompassed by the approved final plan; provided however, that no permit will be issued unless the appropriate official is first satisfied that the requirements of any codes or ordinances of the village, in addition to this code, that are applicable to the permit sought have been satisfied.

Building permits may, however, be withheld at the discretion of the community development director or the board of trustees at any time it is determined that the development of the planned development is not proceeding in strict compliance with the approved final plan.

E.

Standards for planned developments.

1.

Special permit standards. No special permit for a planned development will be recommended or granted pursuant to this section unless the applicant will establish that the proposed development will meet each of the standards made applicable to special permit uses pursuant to subsection 1-602 of this chapter.

2.

Additional standards for all planned developments. No special permit for a planned development will be recommended or granted unless the applicant will establish that the proposed development will meet each of the following additional standards:

(a)

Unified ownership required. The entire property proposed for planned development treatment will be in single ownership or under such unified control as to ensure that the entire property will be developed as a unified whole. All owners of the property will be included as joint applicants on all applications and all approvals will bind all owners. The violation of any owner as to any tract will be deemed a violation as to all owners and all tracts.

(b)

Minimum area. The district regulations of this code establishing standards for particular types of planned development specify the minimum area required for same planned development. In addition to meeting that specific standard, or where no specific standard is set, the applicant will have the burden of establishing that the subject property is of sufficient size and shape to be planned and developed as a unified whole capable of meeting the objectives for which planned developments may be established pursuant to this section.

(c)

Covenants and restrictions to be enforceable by village. All covenants, deed restrictions, easements and similar restrictions to be recorded in connection with the planned development will provide that they may not be modified, removed or released without the express consent of the board of trustees and that they may be enforced by the village as well as by future landowners within the proposed development.

(d)

Public open space and contributions. Whenever the Village of South Chicago Heights Comprehensive Land Use Plan or official map indicates that development of a planned development will create a need for land for public purposes of the village within the proposed planned development, the board of trustees may require that such area be designated and to the extent such need is specifically and uniquely attributable to the proposed development, dedicated to the village for such use. In addition, the board of trustees may require evidence that all requirements of village ordinances pertaining to the dedication of land or the contribution of cash in connection with subdivisions or developments of land have been met as respects the proposed planned development.

(e)

Common open space.

(i)

Amount, location and use. The failure of a planned development to provide common open space will be considered to be an indication that it has not satisfied the objectives for which such developments may be approved pursuant to this code. When common open space is provided in a planned development, the amount and location of such open space will be consistent with its intended function as set forth in the application and planned development plans. No such open space will be used for the construction of any structure or improvement except such structures and improvements as may be approved in the final plan as appropriate to the intended leisure and recreational uses for which such open space is intended.

(ii)

Preservation. Adequate safeguards, including recorded covenants or dedication of development rights, will be provided to prevent the subsequent use of common open space for any use, structure, improvement or development other than that shown on the approved final plan. The restrictions must be permanent and not for a given period of years and must run with the land.

(iii)

Ownership and maintenance. The final plan will include such provisions for the ownership and maintenance of such open space and improvements as are reasonably necessary to ensure their continuity, care, conservation, maintenance and operation in accordance with predetermined standards and to ensure that remedial measures will be available to the village if such open space or improvements are permitted to deteriorate or are not maintained in a condition consistent with the best interests of the planned development or the village.

(iv)

Property owners' association. When the requirements of the preceding subparagraph are to be satisfied by the ownership or maintenance of such open space or improvements by a property owners' association, such association will meet each of the following standards:

(1)

The by-laws and rules of the association and all declarations, covenants and restrictions to be recorded must be approved as part of the detailed plan prior to becoming effective. Each such document will provide that it will not be amended in any manner that would result in it being in violation of the requirements of this subparagraph.

(2)

The association must be established and all covenants and restrictions recorded prior to the sale of any property within the area of the planned development designated to have the exclusive use of the proposed open space or improvements.

(3)

The association must be responsible for casualty and liability insurance, taxes, and the maintenance of the open space and improvements to be deeded to it.

(4)

Membership in the association must be mandatory for each property owner, and any successive owner, having a right to the use or enjoyment of such open space or improvements.

(5)

Every property having a right to the use of enjoyment of such open space or improvements must pay its pro rata share of the cost of the association by means of an assessment to be levied by the association that meets the requirements for becoming a lien on the property in accordance with statutes of the State of Illinois.

(6)

The association must have the right to adjust the assessment to meet changed needs. The membership vote required to authorize such adjustment will not be fixed at more than 51 percent of the members voting on the issue.

(7)

The village must be given the right to enforce the covenants.

(8)

The village must be given the right, after ten days' written notice to the association, to perform any maintenance or repair work that the association has neglected to perform, to assess the membership for such work and to have a lien against the property of any member failing to pay such assessment. For this purpose alone, the village will have all the rights and powers of the association and its governing body under the agreements and declarations creating the association.

(f)

Landscaping and perimeter treatment. Any area of a planned development not used for structures or circulation elements will be landscaped or otherwise improved. The perimeter of the planned development will be treated so as to ensure compatibility with surrounding uses by means such as provision of compatible uses and structures; setbacks; screening; or natural or manmade buffers. Every planned development will provide a perimeter landscaped open space along each of its boundaries; each such open space will have a minimum depth equal to the minimum applicable yard required in the district in which it is located.

(g)

Private streets. Private streets will be permitted in a planned development provided that:

(i)

Said streets will be treated as public streets and rights-of-way for purposes of all setbacks, yards and calculations under this code.

(ii)

Said streets will be owned and maintained by a property owners' association meeting the requirements set forth in subparagraph E.2(e)(4) above; and

(iii)

A covenant will be recorded against the subject property acknowledging that the village will at no time be under any obligation to provide maintenance for or accept dedication of said streets.

(h)

Utilities. All utility lines will be installed underground.

3.

Additional standards for specific planned developments. Where the district regulations authorizing any planned development use in a particular district impose standards to be met by such planned development in such district, a special permit for such development will not be recommended or granted unless the applicant will establish compliance with such special standards.

4.

Waiver of additional standards. The planning and zoning commission may waive any additional standards where the applicant demonstrates to the satisfaction of the planning and zoning commission that the information required is not relevant to or necessary for the determination of the application submitted.

F.

Conditions on planned development approvals. The approval of either a development concept plan or a final plan may be conditioned on such matters as the approving body may find necessary to prevent or minimize any possible adverse effects of the proposed planned development; or to ensure its compatibility with surrounding uses and development and its consistency with the general purposes, goals and objectives of this code, the subdivision ordinance and the Village of South Chicago Heights Comprehensive Land Use Plan. Such conditions will be expressly set forth in the ordinance or resolution granting the approval in question. Violation of any such condition or limitation will be a violation of this code and will constitute grounds for revocation of all approvals granted for the planned development.

G.

Affidavit of compliance with conditions; fee. Whenever any planned development approval granted pursuant to this section is made subject to conditions or limitations to be met by the applicant, the applicant will, upon meeting such conditions, file an affidavit with the community development director so stating. Such affidavit will be accompanied by a nonrefundable fee, to be fixed in each case by the community development director, to recover the village's actual direct cost of an inspection to verify that such conditions and limitations have been met.

H.

Regulation during and following completion of development. Following final plan approval, in the event of an express conflict between the provisions of the final plan and this code, the final plan will control. This code will control in all other instances.

I.

Inspections during development.

1.

Inspections by community development director. Following approval of the final plan of a planned development, or any stage thereof, the community development director will, at least annually until the completion of development, review all permits issued and construction undertaken and compare actual development with the approved plans for development and with the approved development schedule.

2.

Action by community development director. If the community development director finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the final plan, the community development director will immediately notify the board of trustees of such fact and may, if necessary to protect the public health, safety or welfare or to prevent further violation of this code and the final plan, issue an order stopping any and all work on the planned development until such time as any noncompliance is cured.

3.

Action by board of trustees. Within 60 days following notification by the community development director, the board of trustees will either:

(a)

Take such steps as it deems necessary to compel compliance with the final plan; or

(b)

Require the owner or applicant to seek an adjustment to the final plan as provided in subsection K of this section.

J.

Adjustments to final plan during development.

1.

Minor adjustments. During the development of a planned development, the community development director may authorize minor adjustments to the final plan when such adjustments appear necessary in light of the technical or engineering considerations first discovered during actual development. Such minor adjustments will be limited to the following:

(a)

Altering the location of any one structure or group of structures by not more than five feet or one-fourth of the distance shown on the approved final plan between such structure or structures and any other structure or any vehicular circulation element or any boundary of the planned development, whichever is less;

(b)

Altering the location of any circulation element by not more than five feet or one-fourth of the distance shown on the approved final plan between such circulation element and any structure, whichever is less;

(c)

Altering the location of any open space by not more than 20 feet;

(d)

Altering any final grade by not more than ten percent of the originally planned grade; and

(e)

Altering the location or type of landscaping elements.

(f)

Such minor adjustments will be consistent with the intent and purpose of this code and the final plan as approved, will be the minimum necessary to overcome the particular difficulty and will not be approved if they would result in a violation of any standard or requirement of this code.

2.

Major adjustments. Any adjustment to the final plan not authorized by paragraph J.1 above will be considered to a major adjustment and will be granted only upon application to and approval by, the board of trustees. The board of trustees may, by ordinance duly adopted, grant approval for a major adjustment without a hearing upon finding that any changes in the final plan as approved will be in substantial conformity with said final plan. If the board of trustees determines that a major adjustment is not in substantial conformity with the final plan as approved, then the board may refer the request to the planning and zoning commission for further hearing, review and recommendation.

K.

Amendments to final plan following completion of development. After completion of a planned development, an approved final plan may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this section 1-603 for approval of the planned development.

1-604:

Site plan review.

A.

Authority. Except in the cases of uses and developments requiring a special permit pursuant to the provisions in this code, the community development director may, as a matter of original jurisdiction and in accordance with the procedures and standards set out in this section, grant site plan approval to uses and developments requiring such approval pursuant to subsection C of this section. In case of uses and developments requiring a special permit pursuant to section 1-602 or section 1-603 of this code, and in cases of appeal from a denial of approval by the community development director, the board of trustees may, by ordinance duly adopted, grant site plan approval in accordance with the procedures and standards set out in this section.

B.

Purpose. The site plan review process recognizes that even those uses and developments that have been determined to be generally suitable for location in a particular district are capable of adversely affecting the purposes for which this code was enacted unless careful consideration is given to critical design elements. It is the purpose of this section to provide a vehicle for the review of the developer's attention to such elements.

C.

Site plan review required.

1.

Community development director review. Site plan review by the community development director in accordance with this section will be required in connection with the following developments:

(a)

Any development or redevelopment involving a parcel or contiguous parcels under single ownership or control having an area in excess of 20,000 square feet.

(b)

Any development or redevelopment involving the construction of any new structure or structures having a gross floor area in excess of 20,000 square feet, a floor area ratio in excess of 0.25 or a height of more than three stories.

(c)

Any development or redevelopment involving an existing structure having a floor area in excess of 20,000 square feet, a floor area ratio in excess of 0.25, or a height in excess of three stories that would alter any such measure by more than 25 percent of such amount.

(d)

Any development or redevelopment involving the creation or expansion of a parking lot or garage or a loading space.

(e)

Any nonresidential development on a lot abutting or across a right-of-way from any residential district.

(f)

Any development or redevelopment in the TCR district.

(g)

Any development or redevelopment involving a personal wireless services antenna, with or without an antenna support structure, that is not a special permit use.

(h)

Any development or redevelopment for which this code requires a special permit, including planned development approval.

2.

Board of trustees review. Site plan review by the board of trustees may be sought in any case of a denial of site plan approval by the community development director.

D.

Parties entitled to seek site plan approval. Application for site plan review may be filed by the owner of, or any person having a contractual interest in, the subject property.

E.

Procedure.

1.

Community development director approvals.

(a)

Application. Applications for site plan approval by the community development director will be filed in accordance with the requirements of section 1-301 of this chapter.

(b)

Action by community development director. Within 30 days following receipt by the community development director of a properly completed application, the community development director will cause such application and the attached site plan to be reviewed, in terms of the standards established by subsection F of this section, by appropriate members of his staff.

He will then either:

(1)

Approve the site plan as submitted;

(2)

On the basis of written findings in accordance with subsection F below, approve it subject to specific modification; or

(3)

On the basis of such written findings, deny approval of the site plan.

Immediately upon concluding his review, the community development director will return one copy of the site plan to the applicant marked to show either approval, approval subject to modification, which modification will be clearly and permanently marked on such plans, or denial or approval. The community development director will maintain a similarly marked set of such plans in his files for any further processing that may be required.

The failure of the community development director to act within said 30 days, or such further time to which the applicant may agree, will be deemed to be a decision approving the site plan as submitted.

(c)

Effect of community development director's action. The action of the community development director in approving a site plan or in approving a site plan subject to modifications that are acceptable to the applicant will constitute a final administrative action and will not be subject to further review by, or appeal to, any board of trustees or commission.

The action of the community development director in denying an application for site plan approval or in approving a site plan subject to modifications that are not acceptable to the applicant (which action the applicant may treat as a denial) will not be considered final action by the village but will only be authorization for the applicant to seek approval of the site plan from the board of trustees by way of the appeal procedure set forth below.

(d)

Appeals. Within 45 days following a denial of site plan approval by the community development director, the applicant may seek approval of the site plan by filing an application for appeal to the board of trustees in accordance with the requirements of section 11-301 of this chapter. Any such appeal will be proceeded in accordance with the provisions of paragraph E.2 below.

2.

Board of trustees appellate jurisdiction.

(a)

Application. Applications for site plan approval by the board of trustees under its appellate jurisdiction will be filed in accordance with the requirements of section 1-301 of this chapter. In cases where review is sought by way of an appeal of a denial of site plan approval by the community development director, the application for appeal will be filed within 45 days following such denial.

(b)

Action by community development director in appeal cases. Upon receipt of a properly completed application for an appeal of a denial of site plan approval by the community development director, the community development director will forthwith transmit to the board of trustees the application for appeal, the original application for site plan approval, all papers constituting the record upon which the community development director's denial was based and a copy of the community development director's decision denying the application for site plan approval.

(c)

Public meeting. A public meeting will be set, noticed and conducted by the board of trustees in accordance with section 1-303 of this chapter.

(d)

Action by board of trustees. Within 35 days following the conclusion of the public meeting, the board of trustees will, by ordinance duly adopted, either approve the site plan as submitted, make modifications acceptable to the applicant and approve such modified site plan or approve or disapprove it in the manner hereinafter specified.

The failure of the board to act within 60 days, or such further time to which the applicant may agree, will be deemed to be a decision denying site plan approval.

F.

Standards for site plan disapproval.

1.

Standards. The community development director and the board of trustees will not disapprove a site plan submitted pursuant to this section except on the basis of specific written findings directed to one or more of the following standards:

(a)

The application is incomplete in specified particulars or contains or reveals violations of this code or other applicable regulations that the applicant has, after written request, failed or refused to supply or correct.

(b)

The application is submitted in connection with another application, the approval of which is a condition precedent to the necessity for site plan review, and the applicant has failed to secure approval of that application.

(c)

The site plan fails to adequately meet specified standards required by this code with respect to the proposed use or development, including special use standards where applicable.

(d)

The proposed site plan interferes with easements or rights-of-way.

(e)

The proposed site plan is unreasonably injurious or detrimental to the use and enjoyment of surrounding property.

(f)

The proposed site plan creates undue traffic congestion or hazards in the public streets, or the circulation elements of the proposed site plan unreasonably create hazards to safety on or off site or disjointed or inefficient pedestrian or vehicular circulation path on or off site.

(g)

The screening of the site does not provide adequate shielding from or for nearby uses.

(h)

The proposed site plan creates unreasonable drainage or erosion problems or fails to fully and satisfactory integrate the site into the overall existing and planned drainage system serving the village.

(i)

The proposed site plan places unwarranted or unreasonable burdens on specified utility systems serving the site or area or fails to fully and satisfactory integrate site utilities into the overall existing and planned utility systems serving the village.

(j)

The proposed site plan does not provide for required public uses designated on the official map.

(k)

The proposed site plan otherwise adversely affects the public health, safety or general welfare.

2.

Alternative approaches. In citing any of the foregoing standards, other than those of subparagraphs 1(a) and (b), as the basis for disapproving a site plan, the community development director or the board of trustees may suggest alternative site plan approaches that could be developed to avoid the specified deficiency or may state the reasons why such deficiency cannot be avoided consistent with the applicant's objectives.

G.

Effect of site plan approval. Approval of a site plan will not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but will merely authorize the preparation, filing and processing of applications for any permits or approvals that may be required by the codes and ordinances of the village, including, but not limited to, a certificate of zoning compliance, a building permit, a certificate of occupancy and subdivision approval.

A copy of every approved site plan will be filed with the community development director and the development of the site will be in substantial conformity with such approved and filed plan.

H.

Limitations on site plan approval. Subject to an extension of time granted by the community development director pursuant to subsection 1-101.L of this chapter, no site plan approval will be valid for a period longer than one year unless a building permit is issue and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a certificate of occupancy is issued and a use commenced within that period.

I.

Adjustments to site plan during development.

1.

Site plans approved by the community development director. During the development of the site, the community development director will have authority to authorize any adjustment to a site plan approved by him that he could have authorized in the course of his original review.

2.

Site plans approved by the board of trustees.

(a)

Minor adjustments. During the development of the site, the community development director may authorize minor adjustments to a site plan approved by the board of trustees under its appellate jurisdiction when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development. Such minor adjustments will be limited to the following:

(i)

Altering the location of any one structure or group of structures by not more than five feet or one-fourth of the distance shown on the approved site plan between such structure or structures and any other structure or any vehicular circulation element or any boundary of the site plan, whichever is less.

(ii)

Altering the location of any circulation element by not more than five feet or one-fourth of the distance shown on the approved site plan between such circulation element and any structure, whichever is less.

(iii)

Altering the location of any open space by not more than 20 feet.

(iv)

Altering any final grade by not more than ten percent of the originally planned grade.

(v)

Altering the location or type of landscaping elements.

Such minor adjustments will be consistent with the intent and purpose of this code and the site plan as approved, will be the minimum necessary to overcome the particular difficulty and will not be approved if they would result in a violation of any standard or requirement of this code.

(b)

Major adjustments. Any adjustment to a site plan approved by the board of trustees under its appellate jurisdiction that is not authorized by subparagraph 2(a) above will be considered a major adjustment and will be granted only upon application to and approval by, the board of trustees. The board of trustees may, by ordinance duly adopted, grant approval for major adjustment without referral to the planning and zoning commission upon finding that any changes in the site plan as approved will be in substantial conformity with said plan.

J.

Amendments to site plan following completion of development. After a site is developed in accordance with an approved site plan, the approved site plan may be amended, varied, or altered in the same manner and subject to the same limitations as provided for the original approval of site plans.

1-605:

Design review.

A.

Authority. The board of trustees, in accordance with the procedures and standards set out in this section and by ordinance duly adopted, may grant design review permit approval; provided, however, that no such permit will be granted unless such use or development complies with the regulations of the district in which it is located and all necessary certificates, permits and approvals for such use or development will have been secured.

B.

Purpose. The design review permit process is intended to provide a procedure for the review of plans to ensure that the use and development requiring design review approval will comply with standards established to preserve the integrity of areas and structures which have been determined to merit special protection.

C.

Design review required. Design review in accordance with this section will be required in connection with the following developments:

1.

Any development or redevelopment involving a parcel or contiguous parcels under single ownership or control having an area in excess of 20,000 square feet.

2.

Any development or redevelopment involving the construction of any new structure or structures having a gross floor area in excess of 20,000 square feet, a floor area ratio in excess of 0.25 or a height of more than three stories.

3.

Any development or redevelopment involving an existing structure having a floor area in excess of 20,000 square feet, a floor area ratio in excess of 0.25, or a height in excess of three stories that would alter any such measure by more than 25 percent of such amount.

4.

Any development or redevelopment involving the creation or expansion of a parking lot or garage or a loading space.

5.

Any nonresidential development on a lot abutting or across a right-of-way from any residential district.

6.

Any development or redevelopment in the TCR district.

7.

Any development or redevelopment involving a personal wireless services antenna, with or without an antenna support structure, that is not a special permit use.

8.

Any development or redevelopment for which this code requires a special permit, including planned development approval.

D.

Parties entitled to seek design review permits. An application for a design review permit may be filed by the owner of, or any person having a contractual interest in, the subject property.

E.

Procedure.

1.

Application. Applications for a design review permits will be filed in accordance with the requirements of section 1-301 of this code. Applications will be forwarded to the planning and zoning commission.

2.

Other approvals required prior to approval. In any case where the proposed work requires the issuance of a special use permit, variation, or other approval, no design review permit will be granted unless and until such special use permit, variation, or other approval has been issued. The issuance of any such other approval will not be deemed to establish any right to the issuance of a design review permit.

3.

Public meeting. A public meeting will be set, noticed, and conducted by the planning and zoning commission pursuant to subparagraph 1-303.B.3(a) of this code.

4.

Action by planning and zoning commission. Within 35 days following the conclusion of the public meeting provided in subsection E.3 of this section, the planning and zoning commission will, in writing, recommend to the board of trustees to grant the design review permit without modification, grant the design review permit with modifications or subject to conditions, or deny the design review permit. In reaching its recommendation, the planning and zoning commission will be guided by the particular standards and considerations set forth in subsection F of this section. the failure of the planning and zoning commission to act within 35 days, or such longer period of time as may be agreed to by the applicant, will be deemed a recommendation to deny the design review permit.

5.

Action by board of trustees. Within 35 days after receiving the recommendation of the planning and zoning commission or if the planning and zoning commission fails to act within 35 days following the conclusion of the public meeting provided in subsection E.3 of this section, within 70 days following the conclusion of such public meeting, the board of trustees will, by ordinance duly adopted, grant the design review permit without modification, grant the design review permit with modifications or subject to conditions, or deny the design review permit. The failure of the board of trustees to act within the time limits set in this subsection, or such longer period of time as may be agreed to by the applicant, will be deemed a denial of the design review permit. In reaching its decision, the board of trustees will be guided by the by the particular standards and considerations set forth in subsection E of this section.

6.

Issuance of certificate. If a design review permit is granted pursuant to this section, the community development director, within seven days following the passage of the ordinance by the board of trustees pursuant to subsection E.5 of this section, will issue the design review permit, noting thereon any modifications or conditions imposed by the board of trustees. Each design review permit will state on its face, in bold type, that:

THIS PERMIT DOES NOT SIGNIFY ZONING, BUILDING CODE, OR SUBDIVISION REVIEW OR APPROVAL AND HOLDER IS NOT AUTHORIZED TO UNDERTAKE ANY WORK WITHOUT SUCH REVIEW AND APPROVAL WHERE REQUIRED.

F.

Standards and considerations for design review permit. In passing upon applications for design review permits, the planning and zoning commission and the board of trustees will consider and evaluate the property of issuing the design review permit all in as expeditious as manner as possible. In addition, the planning and zoning commission and the board of trustees will be guided by the following standards and considerations:

1.

General building design and relation to street and pedestrians. All building designs will be evaluated under the following guidelines, as well as the way in which the design relates to the street on which the subject building is, or is proposed to be, located:

(a)

Height, bulk, scale and massing. Overall height and massing of proposed buildings and structures will be modulated to reduce the appearance of height and bulk.

(b)

Roof-lines. Roof-lines will be designed to generate visual interest.

(c)

Façade. Architectural details in building façades will provide visual interest and be generally compatible with surrounding buildings and properties.

(d)

Proportion of openings. The size and number of openings (windows, doors, etc.) will be proportionate to the overall façade.

(e)

Rhythm of entrance porch and other projections. The scale of entrances and other projections will be designed to relate proportionately to sidewalks and pedestrians.

(f)

Open spaces. The quality and location of the open spaces between buildings and in setback spaces between the street and façade will be suitably located in relation to the street, other open spaces and pedestrian ways.

2.

Visual compatibility. Visual compatibility will be considered and reviewed in terms of the following guidelines:

(a)

Height. The height of proposed buildings and structures as it relates to adjacent buildings.

(b)

Materials. The quality of materials and their relationship to those in existing adjacent structures.

(c)

Proportion of front façade. The relationship of the width to the height of the front elevation will be visually compatible with buildings, public ways, and places to which it is visually related.

(d)

Proportion of openings. The relationship of the width to the height of windows will be visually compatible with buildings, public ways, and places to which the building is visually related.

(e)

Rhythm of solids to voids in front façades. The relationship of solids to voids in the front façade of a building will be visually compatible with buildings, public ways, and places to which it is visually related.

(f)

Rhythm of spacing and buildings on streets. The relationship of a building or structure to the open space between it and adjoining buildings or structures will be visually compatible with the buildings, public ways, and places to which it is visually related.

(g)

Relationship of materials and texture. The relationship of the materials and texture of the façade will be visually compatible with the predominant materials used in the buildings and structures to which it is visually related.

(h)

Roof shapes. The roof shape of a building will be visually compatible with the buildings to which it is visually related.

(i)

Walls of continuity. Building facades and appurtenances such as walls, fences, and landscape masses will, when it is a characteristic of the area, form cohesive walls of enclosure along a street to ensure visual compatibility with the buildings, public ways, and places to which such elements are visually related.

(j)

Scale of building. The size and mass of building and structures in relation to open spaces, windows, door openings, porches, and balconies will be visually compatible with the buildings, public ways, and places to which they are visually related.

3.

Overall site design and landscaping. The overall site design will be reviewed in terms of the quality of the following elements:

(a)

Landscaping and screening. Parking lots, unsightly equipment and service areas will be screened from public view by means of landscaping, fencing, and/or other means of screening.

(b)

Lighting. Exterior lighting will be architecturally integrated with building style, material and color, and will not be directed off site.

(c)

Parking. Automobile access, servicing of the property, and impact on vehicular traffic patterns and conditions on-site and in the vicinity of the site, and the retention of trees and shrubs to the maximum extent possible will also be reviewed.

4.

Special considerations for existing buildings. For existing buildings, the planning and zoning commission, architectural control commission, and the board of trustees will consider the availability of materials, technology, and craftsmanship to duplicate existing styles, patters, textures, and overall detailing.

5.

Manuals and guidelines. The planning and zoning commission or architectural control commission may, from time to time, provide for specific manuals or guidelines for architectural styles or common-occurring buildings or site features and elements to assist applicants for design review permits. Such manuals or guidelines will be advisory only and will bind neither the applicant nor the planning and zoning commission, architectural control commission, or the board of trustees with respect to any specific case.

6.

Design criteria for signs.

(a)

Visual compatibility. The proposed sign will be visually compatible with the building on which the sign is proposed to be located, as well as with surrounding buildings and structures in terms of height, size, proportion, scale, materials, texture, colors, and shapes.

(b)

Quality of design and construction. The propose sign will be constructed and maintained with a design and materials of high quality and good relationship with the design and character of the neighborhood.

(c)

Appropriateness to activity. The proposed sign will be appropriate to, and necessary for, the activity to which it pertains.

(d)

Appropriateness to site. The proposed sigh will be appropriate to its location in terms of design, landscaping, and orientation on the site, and will not create a hazard to pedestrian or vehicular traffic, detract from the value or enjoyment of neighboring properties, or unduly increase the number of signs in the area.

G.

Modifications and conditions. In approving an application for a design review permit, the board of trustees may, by resolution duly adopted, authorize the issuance of the design review permit for plans as submitted, or on condition that specified modifications in such plans be made, or on any other condition deemed necessary to achieving the purposes and objectives of this section. Such conditions and modifications will be set forth in the resolution granting approval and in the design review permit. The violation of any such condition or modification will be a violation of this code.

H.

Limitation on permits. A design review permit will become null and void 12 months after the date on which it was issued unless, within such period, the work authorized by such permit is commenced. A design review permit will relate solely to the work shown on plans approved by the issuance of such permit and it will be unlawful for any person to deviate from such plans without obtaining an amended permit in the same manner as herein provided for obtaining original permits.