A.   Offices: The administration of this title is hereby vested in the following offices of the government of the village: (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

Community development director (section 11-13-2 of this chapter)

Planning and zoning board (title 2, chapter 1 of this code)

Village manager (title 1, chapter 7 of this code) (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

   B.   Authority And Administrative Functions: This chapter shall first set out the authority of each of the administrative offices, and then describe the procedure and substantive standards with respect to the following administrative functions:

      1.   Issuance of zoning certificates.

      2.   Issuance of certificates of occupancy.

      3.   Variations.

      4.   Appeals.

      5.   Amendments.

      6.   Special uses.

      7.   Annexations.

      8.   Fees.

      9.   Enforcement.

      10.   Violations.

      11.   Penalties. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

The position of director of community development established by this code shall administer and enforce this title and shall be responsible as follows:

   A.   Building Permits: Issue all building permits, following approval as required in this title and all other applicable ordinances, and make and maintain records thereof.

   B.   Occupancy Certificates: Issue all certificates of occupancy, following approval as required in this title and all other applicable ordinances, and make and maintain records thereof. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

   C.   Planning And Zoning Board: Receive and forward to the planning and zoning board, all applications for appeals, and special uses. Receive and forward to the planning and zoning board all applications for map amendments and zoning text amendments, when such amendments are part of a preannexation agreement.

   D.   Parking Plans: Receive and review all plans for parking facilities, as provided for in this title, and approve same prior to the granting of a permit.

   E.   Landscaping Plans: Receive and review all plans for landscaping as required in this title and approve same prior to the granting of a permit.

   F.   Review Of Zoning Title: Review on a continuing basis the provisions of this title and make recommendations for amendments to improve the effectiveness of such provisions.

   G.   Inspections: Conduct continuing inspections of structures and uses of land to determine compliance with the terms of this title.

   H.   Records: Provide and maintain public information pertaining to this title.

   I.   Assignments: Perform such other duties relative to this title as may be assigned to him by the board of trustees. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

   A.   Certification Required: No permit pertaining to the use of land or buildings shall be issued by any officer or employee of the village unless the application for such permit has been examined by the community development director, or his authorized representative, and the director, or his authorized representative, has certified that either the proposed structure or use, or both, comply with all of the provisions of this title.

   B.   Submission Of Necessary Information: All applications for a permit shall be accompanied by such information as the director deems necessary to determine and provide for the endorsement of this title. Such information may include, but is not limited to, scale drawings, a legal description of the subject property, proof of ownership, or if the land is held in trust, a disclosure of all beneficial interest and a fee. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

   A.   Intent: Certificates of occupancy (CO) shall certify that the structure or use for which it is issued is in full compliance with the provisions of this title and that such structure is habitable and in conformance with all applicable building regulations.

   B.   Certificate Required:

      1.   New Structure, Addition Or New Use: No structure or addition to an existing structure constructed after the date of this title shall be used for any purpose, until a certificate of occupancy has been issued by the community development director or his designee.

      2.   Change In Use: No change in a use shall be made until a certificate of occupancy has been issued.

   C.   Application For Certificate Of Occupancy:

      1.   Building Permit: Every application for a building permit or zoning certificate shall be deemed to be an application for a certificate of occupancy.

      2.   No Building Permit: Application for a change in use of land or structure where no building permit is required shall be made directly to the community development director.

   D.   Issuance Of Certificate Of Occupancy:

      1.   Conditions: No certificate of occupancy for a building, or portion thereof, constructed after the effective date hereof shall be issued until construction has been completed and the premises inspected and certified to be in conformity with the plans and specifications upon which the building permit was based.

      2.   Temporary Certificate: Pending the issuance of a certificate of occupancy, a temporary certificate may be granted to be valid for a period not to exceed six (6) months from its date of issuance during the completion of any addition or during partial occupancy of the premises.

      3.   Notice Of Noncompliance: A certificate of occupancy shall be issued within twenty (20) business days after the office of the community development director is notified in writing that such building premises or structure is ready for occupancy. In the event a certificate of occupancy cannot be issued, written notice setting forth the reasons shall be given to the applicant within the above stated period. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

   E.   Appeal: If any applicant for a certificate of occupancy is denied due to apparent noncompliance with this title, such decision may be appealed to the planning and zoning board as provided in section 11-13-6 of this chapter. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

   A.   Purpose: It is the intent of this section to provide for exceptions in the application of this title in order to provide for a flexible method of providing relief from the rigid requirements of this title.

   B.   Authorized Variations: Variations from the dimensional and/or quantitative requirements of this title may be considered and shall be granted only upon findings in compliance with subsection C of this section. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

   C.   Standards For Variation: The planning and zoning board shall recommend the granting of a variation when and only when, it has determined from evidence presented to them and placed on the record, that all the following standards have been met: (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

      1.   That the requested variation does not permit a use otherwise excluded from that particular zoning district;

      2.   That the relief sought cannot be accomplished except by the granting of the requested variation and that said variation is the minimum relief necessary to accomplish the relief sought;

      3.   That the proposed variation will not impair an adequate supply of light or air to any other properties or uses, nor will it substantially increase the potential spread of fire or in any way endanger the public health or safety; and

      4.   That the proposed variation will not adversely impact the value of other properties in the vicinity, nor will the granting of the variation adversely impact upon the ability of surrounding properties to be used and enjoyed for the purposes for which they have been planned and zoned. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

   D.   Conditions Of Variations: The planning and zoning board may recommend and the village board may require such conditions and restrictions upon the subject property as may be necessary to guarantee that the implementation of the variation will further the standards set forth in subsection C of this section. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

   E.   Application For Variation:

      1.   Standing: A request for a variation from this title may be made by a property owner, a contract purchaser, or anyone having a proprietary interest in the subject property.

      2.   Fees: Each application for a variation shall be accompanied by a filing fee. The amount of said fee shall be determined by the president and village board of trustees in January of each calendar year. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

      3.   Filing: Application shall be filed in writing with the community development director and shall be accompanied by such documents and information as the community development director or as the planning and zoning board may require. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

   F.   Public Hearing: The petitioner shall notify every owner of property within two hundred fifty feet (250') exclusive of right of way of the subject property by certified mail or personal service. Return receipts, signed, mailed cards or electronic verification of signatures, shall be submitted by petitioner at the public hearing.

The village clerk shall publish the notice of said hearing in a newspaper of general local circulation. Such notice shall be mailed and published not more than thirty (30) days nor less than fifteen (15) days before the date of the hearings.

The public notice shall contain, at a minimum, the following:

      1.   Date, place and time of hearing;

      2.   Purpose of hearing;

      3.   Legal description of subject property; and

      4.   Common address of subject property. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

In the event the noticed date and time of the hearing must be changed, because of a lack of quorum by the planning and zoning board, the item so noticed shall be immediately transferred to the next regularly scheduled planning and zoning board meeting, which date and time shall be posted at the noticed place of the hearing, without renotification in the newspaper or by mail or personal service.

   G.   Decisions: The concurring vote of four (4) members of the planning and zoning board shall be required to affirmedly recommend the granting of any variation. The planning and zoning board shall decide the case exclusively based upon the evidence and sworn testimony presented and made part of the public record. The planning and zoning board shall make a decision and file its findings with the village clerk within thirty (30) days of the close of the public hearing. Failure to act within the proscribed thirty (30) days shall be deemed to be a recommendation to grant the variation as requested. No variation shall be valid for a period greater than twelve (12) months from the date of the final vote by the village board of trustees.

   H.   Action By Board Of Trustees: Upon receipt of the recommendation and findings of the planning and zoning board, the village board of trustees may enact the variation, with or without change, may reject the request or may refer it back to the planning and zoning board for further consideration. Where the planning and zoning board has recommended denial of the variation, said variation may only be passed by a three-fourths (3/4) vote of the village board of trustees voting on the matter. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

   I.   Effect Of Denial: No application for a variation which has been denied wholly or in part by the board of trustees shall be resubmitted for a period of one year from the date of said order of denial except on the showing of new evidence or proof of substantially changed circumstances or conditions which relate directly to the reasons for denial. Such a new hearing may be ordered only by the village board of trustees. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

   A.   Scope Of Appeals: An appeal may be taken by any aggrieved party by a decision of the community development director acting in his official capacity in the administration of this title to the planning and zoning board. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

   B.   Application:

      1.   Standing: An appeal shall be filed within thirty (30) days after the decision of the community development director. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

      2.   Filing: The appeal shall be filed in writing with the community development director with copies to the village clerk, village attorney, and the planning and zoning board. Said appeal shall contain at a minimum the disputed section of this zoning title and the applicant's interpretation of the disputed section. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

      3.   Fee: The president and village board of trustees shall in January of each calendar year establish filing fees, if any, for appeals from an administrative decision of this title. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

   C.   Transmittal Of Record: The community development director shall, at the time of the filing of an appeal, transmit to the planning and zoning board all the records, plans and other documents in his possession which constitute a record upon which the appeal was made. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

   D.   Effort Of Appeal: An appeal shall stay all proceedings in furtherance of the action appealed. If, however, the community development director certifies in writing that such a stay would cause imminent peril to life, and/or property, the proceedings would not be stayed. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

   E.   Hearing: The planning and zoning board shall, as soon as is practical and possible, hold a hearing on the appeal. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

   F.   Notice: The village shall cause a notice to be published in a newspaper of general local circulation and the subject property to be posted at least seven (7) days prior to the hearing. The notice published in the paper shall contain the following minimum information:

      1.   Date, place, and time of the hearing;

      2.   Legal description of the subject property;

      3.   Common address of the subject property; and

      4.   A description of the appeal. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

In the event the noticed date and time of the hearing must be changed, because of a lack of quorum by the planning and zoning board, the item so noticed shall be immediately transferred to the next regularly scheduled planning and zoning board meeting, which date and time shall be posted at the noticed place of the hearing, without renotification in the newspaper or by mail or personal service.

   G.   Decision: The planning and zoning board may reverse or affirm, wholly or in part, or may modify the order, decision, requirements, or determination of the community development director. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

   A.   Authority: The regulations imposed and the districts created under the authority of this title may be amended by ordinance from time to time in the manner provided for by the Illinois Compiled Statutes and this title. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

   B.   Text Amendments:

      1.   Standing: An application for an amendment to the text of this title may be filed by any interested party including the village board, the planning and zoning board, the zoning hearing officer, any resident of Streamwood, any owner of land within the corporate limits or any individual who is the contract purchaser of land either within the corporate limits or contiguous to the corporate limits. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

      2.   Filing: An application for text amendment shall be filed with the office of the community development director. Said application shall include at a minimum the relevant portion of the text for which the amendment is proposed and exact wording of the proposed new text.

      3.   Fee: Each application for amendment shall be accompanied by a filing fee as set forth from time to time by the village board. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

      4.   Public Hearing:

         a.   Timing: Within sixty (60) days of the filing of an application and payment of all fees, the planning and zoning board shall hold a public hearing. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

         b.   Public Notice: Following the filing of an application for an amendment to the text of this title and the payment of all fees the village clerk shall cause to be published in a newspaper of general local circulation notice of the public hearing. Said notice shall contain the date, time, place and a copy of the proposed new text and the section(s) of this title to be deleted if any. Said notice shall appear at least once not less than fifteen (15) days nor more than thirty (30) days prior to the hearing. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

         c.   Lack Of Quorum: In the event the noticed date and time of the hearing must be changed, because of a lack of quorum by the planning and zoning board, the item so noticed shall be immediately transferred to the next regularly scheduled planning and zoning board meeting, which date and time shall be posted at the noticed place of the hearing, without renotification in the newspaper or by mail or personal service.

      5.   Standards: Within thirty (30) days of the close of the public hearing, the planning and zoning board shall make a recommendation accompanied by such findings as supported by the evidence with respect to the following matters: (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

         a.   That said amendment(s) is consistent with the purpose and intent of the title;

         b.   That said amendment(s) is consistent with village policy;

         c.   That said amendment(s) does not unnecessarily create a hardship on property owners such as by creating numerous nonconformities;

         d.   That said amendment(s) are not in conflict with this title or other village ordinances. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

      6.   Decisions: The concurring vote of four (4) members of the planning and zoning board shall be necessary to recommend approval of a petition for a text amendment.

      7.   Action By Board Of Trustees: Upon receipt of the recommendation and findings of the planning and zoning board, the village board of trustees may enact the variation, with or without change, may reject the request or may refer it back to the planning and zoning board for further consideration. Where the planning and zoning board has recommended denial of the variation, said variation may only be passed by a three-fourths (3/4) vote of the village board of trustees voting on the matter.

   C.   Map Amendments:

      1.   Standing: An application for an amendment to the official zoning map may be filed by the board of trustees, the planning and zoning board, the owner of the subject property or anyone having a proprietary interest in the property. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

      2.   Filing: An application for an amendment to the official zoning map shall be filed with the community development department along with such documents and information deemed necessary by the community development director. This information may include, but is not limited to, a legal description of the property, proof of ownership or standing and if a land trust is involved, disclosure of all beneficial interest.

      3.   Fee: Each application for a map amendment shall be accompanied by a filing fee as set forth from time to time by the village board. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

      4.   Public Hearing:

         a.   Timing: The planning and zoning board shall, within sixty (60) days of receiving a complete application for a map amendment, hold a public hearing. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

         b.   Public Notice:

            (1)   The applicant shall provide notification of the hearing by certified mail or personal service to each owner of property within two hundred fifty feet (250') of the subject property, by submitting signed, mailed cards or electronic verification of signatures. Such notice shall be given not more than thirty (30) days nor less than fifteen (15) days before the hearing.

            (2)   Following the filing of an application for a map amendment to the text of this title and the payment of fees, the village clerk shall cause to be published in a newspaper of general circulation notice of the public hearing. Said notice shall be published not less than fifteen (15) nor more than thirty (30) days prior to the hearing and shall contain the following information:

               (A)   Date, time and place of hearing;

               (B)   Legal description of the subject property;

               (C)   Common address of the subject property;

               (D)   A description of the relief sought. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

         c.   Lack Of Quorum: In the event the noticed date and time of the hearing must be changed, because of a lack of quorum by the planning and zoning board, the item so noticed shall be immediately transferred to the next regularly scheduled planning and zoning board meeting, which date and time shall be posted at the noticed place of the hearing, without renotification in the newspaper or by mail or personal service.

      5.   Findings: Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the planning and zoning board shall make findings based upon the evidence presented to it in each specific case with respect to the following matters: (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

         a.   Existing uses of property within the general area of the property in question.

         b.   The zoning classification of property within the general area of the property in question.

         c.   The suitability of the property in question for the uses permitted under the existing zoning classification.

         d.   The trend of development, if any, in the general area of the property in question, including changes, if any, which may have taken place since the day the property in question was placed in its present zoning classification.

         e.   The length of time the property has been vacant as zoned considered in the context of land development in the area surrounding the subject property.

         f.   The extent to which property values are diminished by particular zoning restrictions.

      6.   Decisions: The concurring vote of four (4) members of the reviewing body shall be necessary to recommend approval of a petition for a map amendment. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

      7.   Action By Board Of Trustees:

         a.   The village board shall not act upon a proposed map amendment to this title until it shall have received a written report and recommendation from the planning and zoning board.

         b.   In cases where the planning and zoning board has by a majority vote recommended denial, such amendment shall not be passed except by a favorable vote of three-fourths (3/4) of the members of the board voting on the matter. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

         c.   If an application for a proposed amendment is not acted upon finally by the village board within sixty (60) days of the time of receipt of the recommendation, it shall be deemed to have been denied unless an additional and specific period of time is granted by the village board.

         d.   The decision reached by the village board shall take into account findings of the reviewing body.

         e.   If an amendment to the official zoning map is adopted by the board of trustees, said amendment shall be included in an ordinance adopted by the village board. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

      8.   Effect Of Denial Of Map Amendment: No application for an amendment which has been denied wholly or in part by the village board shall be resubmitted for a period of one year from the date of said order of denial, except on grounds of new evidence or proof of changed conditions found to be valid by the planning and zoning board. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

   A.   Purpose: In order to accomplish the general purpose and intent of this title, certain uses in each zoning district are classified as special uses. Because of their unique characteristics, such uses often require larger land areas or need specific regulations to achieve compatibility with existing development. The effects of such uses cannot normally be foreseen until a specific site is proposed. These uses then must be given careful consideration relative to the existing and proposed development in the area. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

   B.   Standards: Standards for planned unit developments are contained in chapter 8 of this title. A special use other than a planned unit development shall be authorized only when the planning and zoning board shall find all of the following: (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

      1.   Compatible With Existing Development: The nature and intensity of the activities involved and the size and placement of any structures proposed will be so planned that the special use will be compatible with the existing development and will not impede the normal and orderly development and improvement of surrounding property.

      2.   Lot Of Sufficient Size: The size of the lot will be sufficient for the use proposed.

      3.   Traffic: The location of the special use within the village will be such that adverse effects on surrounding properties will be minimal, particularly regarding the traffic generated by the special use.

      4.   Parking And Access: Parking areas will be of adequate size for the particular use and properly located, and the entrance and exit drives will be laid out so as to prevent traffic hazards and nuisances.

      5.   Effect On Neighborhood: In all respects, the special use will not be significantly or materially detrimental to the health, safety and welfare of the public or injurious to the other property or improvements in the neighborhood, nor will it diminish or impair property values in the surrounding area.

      6.   Adequate Facilities: That adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided.

      7.   Adequate Buffering: Adequate fencing and/or screening shall be provided to ensure the enjoyment of surrounding properties, to provide for the public safety or to screen parking areas and other visually incompatible uses. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

   C.   Additional Special Use Standards:

      1.   Alcoholic Beverage Sales And Service: The planning and zoning board shall consider and make findings that the subject site's location: (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

         a.   Relative to existing or planned churches, synagogues, temples or other places of worship will not adversely impact on the use and function of said places of worship.

         b.   Relative to existing public and private elementary, junior high schools, high schools and nursery schools will not adversely impact on the use, function or pupils of said institutions.

         c.   Relative to the proximity of automobile service stations is consistent with village policy and will not have an adverse impact on the health, safety or general welfare of the public. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

      2.   Commercial Communication Towers: The planning and zoning board shall consider and make findings that the subject site's location: (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

         a.   Relative to existing or planned churches, synagogues, temples or other places of worship will not adversely impact on the use and function of said places of worship. No commercial communication tower shall be located within five hundred (500) linear feet of any zoning lot containing existing or planned churches, synagogues, temples or other places of worship.

         b.   Relative to the proximity of residential structures will not have an adverse impact on the health, safety or general welfare of the public. No commercial communication tower shall be located within five hundred (500) linear feet of any zoning lot containing existing residential structure(s).

         c.   Will be adequately screened and secured so as to minimize any potential adverse impact on adjacent uses and safeguard the health, safety and general welfare of the public. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

      3.   Signs: The planning and zoning board shall consider and make findings that the subject site's location:

         a.   Will serve the public convenience and not merely serve as a convenience to the petitioner at the location of the subject sign; or that the establishment, maintenance or operation of the special use will not be detrimental to or endanger the visibility, public safety, comfort or general welfare;

         b.   Will be in harmony and scale with the architecture of the building(s) in the development and with other signs in the immediate vicinity;

         c.   Will not be injurious to the use and enjoyment of other property in the immediate vicinity of the subject property for the purposes already permitted; nor substantially diminish and impair other property values within the immediate vicinity; nor impair the visibility of adjacent signs;

         d.   The nature, location and size of the sign(s) involved with the establishment of the special use will not impede, substantially hinder, or discourage the installation of signs on adjacent property in accordance with the village sign ordinance; and

         e.   Shall in all other respects conform to the applicable regulations of the village sign ordinance except as such regulations may, in such instance, be modified as provided by this chapter. (Ord. 2015-8, 5-7-2015)

      4.   Video Gaming: The Planning and Zoning Board shall consider and make findings that the subject site’s location:

         a.   Relative to the proximity of other existing video gaming establishments:

            (1)   No video gaming establishment shall be located closer than five hundred (500) feet to an existing video gaming establishment, measured front door to front door.

            (2)   No video gaming establishment shall be permitted within a multi-tenant building where the building’s leasable floor area is less than five thousand (5,000) square feet.

            (3)   Only one (1) video gaming establishment shall be permitted within a multi-tenant building or shopping center.

      5.   Additional Special Use Standards:

         a.   Relative to the location of any adult-use cannabis dispensaries:

            (1)   No adult-use cannabis dispensary shall be located closer than five hundred (500) feet to an existing residential zoning district, measured from the front door of the dispensary to the closest edge of the residentially zoned property line.

            (2)   No adult-use cannabis dispensary shall be located within one thousand five hundred (1,500) feet of the property line of a pre-existing adult- use cannabis dispensary.

         b.   A maximum of two (2) adult use dispensaries shall be permitted within the village at any time.

         c.   On-site consumption of any cannabis product is strictly prohibited.

         d.   Adult-use cannabis craft growers, cultivation centers, infusers, processors and transporters are strictly prohibited.

         e.   At least eighty-five percent (85%) of an adult-use cannabis dispensary’s floor area shall be devoted to the activities of the dispensary as authorized by the Adult-Use Cannabis Act. Any request for a reduction in the floor area percentage shall be evaluated as part of the special use request.

         f.   For purposes of determining required parking, an adult-use cannabis dispensary shall be classified as a retail store pursuant to Section 11-9-3-5 of the Zoning Ordinance; provided however that the village may require that additional parking be provided as a result of the analysis completed through the special use process.

         g.   An adult-use cannabis dispensary shall not conduct any sales or distribution of cannabis other than as authorized by the Adult-Use Cannabis Act.

         h.   No adult-use cannabis dispensary nor any other person or entity shall place or maintain, or cause to be placed or maintained, an advertisement of cannabis or cannabis-infused product in any form or through any medium:

            (1)   Within one thousand (1,000) feet of the perimeter of school grounds, a playground, a recreation center or facility, a child care center, a public park or public library, or a game arcade to which admission is not restricted to persons twenty-one (21) years of age or older; or

            (2)   On or in a public transit vehicle or public transit shelter; or

            (3)   On or in publicly owned or publicly operated property.

         i.   Each adult-use cannabis dispensary shall prohibit any person who is not at least twenty-one (21) years of age from entering the dispensary, except for cardholders granted medical access under the Medical Cannabis Act over eighteen (18) years of age, whose access shall be limited to the medical cannabis dispensing area only. Adult-use dispensaries shall not employ anyone under the age of twenty-one (21). Access to the dispensary shall be limited exclusively to dispensary staff and those specifically authorized under the Adult-Use Cannabis Act.

      6.   Body Art Establishments: The Planning and Zoning Board shall consider and make findings that the subject site's location:

         a.   Only one (1) body art establishment shall be permitted within a multi-tenant building or shopping center.

         b.   Shall not be located within one thousand five hundred (1,500) feet of the property line of a pre-existing body art establishment.

         c.   For purposes of determining required parking, a body art establishment shall be classified as a retail store pursuant to Section 11-9-3-5 of the Zoning Ordinance.

         d.   Relative to existing or planned places of worship, will not adversely impact on the use or function of said places of worship.

         e.   Relative to existing public or private elementary, junior high schools, high schools, and nursery schools, will not adversely impact on the use, function, or pupils of said schools.

   D.   Application For A Special Use:

      1.   Standing: Application for a special use may be made by the village, the owner of the subject property or anyone having proprietary interest in the subject property.

      2.   Filing: Applications shall be filed with the community development director and shall be accompanied by such documents and information deemed necessary by the director. This information may include, but is not limited to, a legal description of the subject property, proof of ownership and if the land is held in trust, disclosure of all beneficial interest.

      3.   Fees: Each application for special use shall be accompanied by a filing fee as set forth from time to time by the village board. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

   E.   Public Hearing: The planning and zoning board shall, within sixty (60) days of receiving a complete application for a special use, hold a public hearing, pursuant to the following: (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

      1.   Public Notice: Public notice shall be made as follows:

         a.   By Applicant: The applicant shall provide notification of the hearing by certified mail or personal service to each owner of property within two hundred fifty feet (250') of the subject property, by submitting the signed, mailed cards or electronic verification of signatures, at the time of the hearing. Such notice shall be given not more than thirty (30) days nor less than fifteen (15) days before the hearing.

         b.   By Village: The village clerk shall publish notice at least once, not more than thirty (30) days nor less than fifteen (15) days before the hearing, in a newspaper of general circulation in the village.

      2.   Content Of Notice: The public notices provided by the applicant and published by the village clerk shall contain, at a minimum, the following:

         a.   Date, place and time of hearing.

         b.   Purpose of hearing.

         c.   Legal description of the subject property.

         d.   Common address of the subject property. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

      3.   Lack Of Quorum: In the event the noticed date and time of the hearing must be changed, because of a lack of quorum by the planning and zoning board, the item so noticed shall be immediately transferred to the next regularly scheduled planning and zoning board meeting, which date and time shall be posted at the noticed place of the hearing, without renotification in the newspaper or by mail or personal service.

   F.   Recommendation Of The Planning And Zoning Board:

      1.   Timing: Within sixty (60) days after the close of the hearing on a proposed special use, the planning and zoning board shall forward written findings of fact and a recommendation regarding the application to the board of trustees.

      2.   Standards: The planning and zoning board's recommendation shall be consistent with the objectives and intent of this title and shall refer to specific zoning district standards as a guide to the establishment of requirements for each special use.

      3.   Conditions: The planning and zoning board may recommend such conditions or restrictions upon the location, construction, design and operation of a special use as they shall find necessary and appropriate to assure compliance with the requirements set forth in subsection B of this section, and the objectives and intent of this title. These conditions may include, but are not limited to, regulations regarding landscaping, signage, adequate drainage of stormwater, exterior lighting, fence height and the duration of the special use.

   G.   Action By The Board Of Trustees:

      1.   Decisions: The board of trustees shall consider the findings of fact received from the planning and zoning board in terms of the impact on the village as a whole.

      2.   Condition Of Approval:

         a.   Conditions: The board of trustees shall stipulate, upon the recommendation of the planning and zoning board, such conditions and restrictions as deemed necessary for the protection of public interest and to secure compliance with the standards enumerated above. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

         b.   Guarantees: The board of trustees may require such evidence and guarantees as it may deem necessary to ensure compliance with the stipulated conditions.

         c.   Review: The board of trustees may stipulate that all such conditions and restrictions may be modified or revised from time to time by the board of trustees following notice and hearing. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

      3.   Effect Of Denial Of Special Use: No application for a special use which has been denied wholly or in part by the board of trustees shall be resubmitted for a period of one year from the date of the decision, except on the grounds of new evidence or proof of changed conditions found to be valid by the planning and zoning board and the board of trustees. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

      4.   Time Limits: A special use shall become null and void if not established or actively pursued within one year of the date of approval, except for a planned unit development as provided in chapter 8, "Planned Unit Developments", of this title.

(Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2019-44, 12-19-2019; Ord. 2024-12, 8-15-2024)

   A.   Fees Required: Any application for the following shall be accompanied by the requisite fee:

Amendments

Annexations

Appeals

Special use/planned unit developments

Variations

   B.   Amount Of Fee: The amount of each fee shall be as established by resolution of the village board in an official schedule of fees.

   C.   Payment: All fees shall be collected by the village collector for deposit with the village treasurer at the time of application. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

   D.   Exempted From Fees: No fee is required for applications filed in the public interest by members of the board of trustees, the planning and zoning board or the office of the director of community development. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

It shall be the duty of all officers, citizens and employees of the village, particularly of all members of the police department, to assist the municipal officers and bodies charged with the administration and enforcement of this title by reporting to them any new construction, reconstruction, change in land use or apparent violation. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

Any person who violates, disobeys, omits, neglects or refuses to comply with the requirements of this title shall, upon conviction, be fined not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)