The responsibility for the administration of the development control ordinance shall be vested as follows:

   A.   Village board.

   B.   Village manager or his designee.

   C.   Chief building and code official.

   D.   Village engineer.

   E.   Plan commission.

   F.   Board of zoning appeals. (Ord. 00-2110, 1-24-2000)

   A.   Establishment: The village of Western Springs has previously established the village board.

   B.   Duties And Responsibilities: The village board shall make final decisions on amendments to this ordinance, subdivisions, variances to front elevation bulk ratio provisions and stormwater management regulations; and conditional uses. (Ord. 00-2110, 1-24-2000)

   A.   Establishment: The village of Western Springs has previously established the position of village manager.

   B.   Duties And Responsibilities: The village manager or his designee shall have the following duties and responsibilities:

      1.   To meet and counsel with subdividers and developers regarding conformance with this ordinance and other village ordinances, plans and policies.

      2.   To review all plats of subdivision and annexation plats submitted to the village for conformance with this ordinance and other village ordinances, plans and policies.

      3.   To prepare studies, designs and plans in conjunction with updating the comprehensive plan.

      4.   To prepare statistical data, base maps, charts and tables relative to the comprehensive plan.

      5.   To prepare technical reports on special planning projects.

      6.   To conduct land use studies and analyses of changes in land use.

      7.   To analyze and prepare summary reports on social, physical and population data and correlate such information with the comprehensive plan.

      8.   To perform such other duties as directed by the village board or as otherwise provided in the village code. (Ord. 00-2110, 1-24-2000)

   A.   Establishment: The village of Western Springs has previously established the office of the chief building official and the department of community development.

   B.   Duties And Responsibilities:

      1.   The duties of the chief building official and the department of community development, or his/her designee, shall be to carry out all inspections including fire, building, housing, zoning, subdivision, and health and safety inspections.

      2.   To order all work stopped on the excavation, construction, alteration or repair of any building or property in the village when such work is being done in violation of this ordinance. Work shall not be resumed after the issuance of such an order except on the written permission of the department of community development, provided, that if the stop order is an oral one, it shall be confirmed in writing within four (4) hours.

      3.   To prepare and service citations requiring the abatement of any violations and the payment of a fine by preparing a citation slip and personally serving the same upon the person or persons, firm or corporation responsible for the property violations. In the event the owner, occupant, contractor or other person responsible for the violation cannot be located the citation may be served by posting a copy at the property or structure where the violation has occurred and sending a copy of the citation by certified mail, return receipt requested, to the last known address of such person.

      4.   To inspect the construction of planned developments and subdivisions to determine conformance with approved plans.

      5.   To conduct zoning compliance reviews regarding any permit pertaining to the use of land, buildings or structures.

      6.   To issue occupancy certificates for all uses of land and buildings within the village.

      7.   To issue permits for temporary uses requiring administrative approval.

      8.   To administratively approve all plats of consolidation, subdivision or resubdivision, or amendments to planned development plats or plans (as authorized by the code), provided the lot(s) created by said plats meet the minimum lot area and size requirements for the applicable zoning district classification and is otherwise in full compliance with applicable provisions of this ordinance. (Ord. 15-2794, 3-23-2015)

   A.   Establishment: The village of Western Springs has previously established the position of village engineer.

   B.   Duties And Responsibilities: The duties and responsibilities of the village engineer shall be as follows:

      1.   To review all plats of subdivision and annexation plats submitted to the village for conformance with this ordinance and other village ordinances, plans and policies.

      2.   To work with the department of code enforcement with respect to all provisions of chapter 10 of this ordinance. (Ord. 00-2110, 1-24-2000)

   A.   Establishment; Membership; Terms Of Office: The plan commission shall be established, its membership identified and the members' terms of office specified according to title 2, chapter 2 of the village code.

   B.   Powers And Duties: The plan commission shall have powers and duties as follows:

      1.   To prepare and recommend to the board of trustees a comprehensive plan of the village, looking to the present and future development of the village, which plan, after its adoption by the board of trustees, shall be known as the "official land use plan of the village of Western Springs". The plan commission may thereafter, from time to time, recommend any changes of such official land use plan. The official land use plan may include reasonable requirements in reference to streets, alleys and public grounds in nondeveloped land within the corporate limits and in contiguous territory outside the corporate limits of a distance not more than one and one-half (11/2) miles, but not included in any city, village or incorporated town.

      2.   To prepare and recommend to the board of trustees, from time to time, plans for the implementation of such official land use plan.

      3.   To give advice and assistance to the board of trustees in the development and completion of projects embraced within the official land use plan.

      4.   To hear requests on and make recommendations to the board of trustees on amendments to the text and map of this ordinance, on preliminary and final subdivision plats, and on conditional uses.

      5.   To undertake special planning studies from time to time as requested by the board of trustees.

      6.   Provided, that the board of trustees shall at times have power, on its own initiative, to prepare and originate an official land use plan for the village and to amend, revise, or modify the same as it shall deem necessary or desirable.

      7.   To hear and make recommendations to the board of trustees on petitions for satellite dish approval.

   C.   Conformity To Plan: After an official land use plan of the village has been adopted by the board of trustees, no map or plat of any subdivision affecting land within the village limits or within contiguous territory which is not more than one and one-half (11/2) miles beyond such limits and not included in any incorporated municipality, shall be recorded or shall be valid unless such subdivision is determined by the plan commission and board of trustees to be in conformity with the applicable requirements of the official land use plan. (Ord. 00-2110, 1-24-2000)

   A.   Establishment; Membership; Terms Of Office: The board of zoning appeals shall be established, its membership identified and the members' terms of office specified according to title 2, chapter 5 of the village code. (Ord. 00-2110, 1-24-2000)

   B.   Duties And Responsibilities: The zoning board of appeals shall hear and render final decisions on all appeals and variances, except that the board of trustees shall make final decisions on variances to gross floor area provisions and stormwater management regulations and shall hear and make final decisions on requests for exemptions from the development control code regulations. The zoning board of appeals shall hear and make recommendations to the village board on variances to the gross floor area provisions and stormwater management regulations. (Ord. 01-2167, 5-21-2001)

   C.   Meetings And Procedures: Meetings of the board of zoning appeals shall be on call at the village hall. Public hearings and meetings shall be conducted in conformance with the requirements of state statute and this ordinance. The board of zoning appeals may adopt such other rules and procedures for the conduct of its meetings and for public hearings that are not inconsistent with the provisions of state statute and this ordinance.

   D.   Vote Required: Four (4) concurring votes of the board of zoning appeals shall be required for rendering a final decision on administrative appeals, a final decision on variances, or forwarding a recommendation on variation requests to the village board. (Ord. 00-2110, 1-24-2000)

Procedures governing zoning certificates, occupancy permits, variations, appeals, amendments, conditional uses, and any other administrative functions shall be as set forth below. (Ord. 92-1855, 12-14-1992)

Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by an officer, department or employee of the village unless the application for such permit has been examined by the department of code enforcement and such permit has affixed to it his written authorization indicating that the proposed use complies with all the provisions of this ordinance. Any permit or certificate issued in conflict with the provisions of this ordinance, or without such authorization, shall be null and void. (Ord. 92-1855, 12-14-1992; amd. Ord. 98-2064, 12-21-1998)

   A.   Intent: No land shall be occupied or used and no building thereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until a certificate shall have been issued by the department of code enforcement stating that the buildings and use comply with the provisions of this ordinance.

   B.   Certificate Applications: Applications for occupancy certificates shall be made directly to the department of code enforcement.

   C.   Issuance Of Occupancy Certificates:

      1.   Required Signatures: All occupancy certificates shall be signed by the chief building official or his designee, verifying that the building, structure, and/or use for which it is issued is in full compliance with the provisions of this ordinance and that such building or structure is habitable and in full compliance with the Western Springs building code and other applicable village codes and ordinances. (Ord. 92-1855, 12-14-1992; amd. Ord. 98-2064, 12-21-1998)

      2.   Conditions: No occupancy certificate for a new building, structure or portion thereof 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. (Ord. 92-1855, 12-14-1992)

      3.   Temporary Occupancy Certificates: Pending the issuance of an occupancy certificate, the chief building official or his designee, may, at his discretion, issue a temporary occupancy certificate to be valid for a period not to exceed six (6) months from its date of issuance. The term of the temporary occupancy and zoning certificate may, however, be extended by the mutual consent of the applicant and the village.

      4.   Notice Of Noncompliance: An occupancy certificate for a new building or structure shall be issued, or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, within thirty (30) days after the department of code enforcement is notified in writing that the building or premises is ready for occupancy. Existing buildings or uses cited for noncompliance shall have ninety (90) days from the date of written notice to bring such building or use into compliance. (Ord. 92-1855, 12-14-1992; amd. Ord. 98-2064, 12-21-1998)

   A.   Intent: The zoning board of appeals, or in the case of exemptions to the village code requirements or variations to the gross floor area provisions and stormwater management regulations, the village board, may, after a public hearing, vary the regulations of this ordinance in harmony with its general purpose and intent. Variations shall be granted only in the specific instances, hereinafter set forth, where the zoning board of appeals makes findings of fact in accordance with the standards set forth in this ordinance, and further, finds that there are practical difficulties or particular hardships on the petitioner in the way of carrying out the strict letter of the regulations of this ordinance or that the variation is necessary in order for the petitioner or the village to comply with or conform to federal or state law. (Ord. 01-2167, 5-21-2001)

   B.   Eligible Petitioners: An application for a variation may be made by any person, firm, or corporation, or by any office, department, board, bureau, or commission with a proprietary interest in property within the village. (Ord. 92-1855, 12-14-1992)

   C.   Variation Procedures:

      1.   Applications: An application for a variation shall be filed with the department of code enforcement, who shall forward such application to the zoning board of appeals. (Ord. 92-1855, 12-14-1992; amd. Ord. 98-2064, 12-21-1998)

      2.   Public Hearings: Public hearings conforming to state statutes and this ordinance shall be required for all variation applications. Notice of all public hearings shall be published not more than thirty (30) days nor less than fifteen (15) days before said hearing in one or more newspapers with a general circulation within the village. If a specific parcel is the subject of the application, notice shall also be given by posting a sign on said property. The sign shall measure at least six (6) square feet and bear on its face the words "Zoning Application Pending" and a telephone number that can be called for additional information. The sign shall be issued to the applicant by the department of code enforcement for posting by the applicant. The sign shall be posted facing the street, not more than thirty (30) days nor less than fifteen (15) days before said hearing and shall be removed from the property and returned to the department of code enforcement by the applicant following the conclusion of the hearing. (Ord. 99-2081, 4-26-1999)

      3.   Decisions: The zoning board of appeals, or in the case of variations to the gross floor area provisions the village board, shall determine findings of fact based on the standards established in subsection C4 of this section.

      4.   Criteria For Variations: The regulations of this ordinance shall not be varied unless findings based on the evidence presented are made in each specific case that affirm each of the following criteria:

         a.   Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be applied;

         b.   The conditions upon which an application for a variation is based are unique to the property for which the variation is sought, and are not applicable, generally, to other property within the same zoning classification;

         c.   The purpose of the variation is not based primarily upon a desire to increase financial gain;

         d.   The alleged difficulty or hardship is caused by this ordinance and has not been created by any person presently having an interest in the property;

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

         f.   The granting of the variation will not alter the essential character of the neighborhood; and

         g.   The proposed variation will not impair an adequate supply of light or air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or impair natural drainage or create drainage problems on adjacent properties, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. (Ord. 92-1855, 12-14-1992)

      5.   Limitations On Variations: Limitations on the degree or amount of exception or variation are established below. These limitations shall constitute the maximum variation allowed and shall not be interpreted as the recommended variation.

         a.   Off Street Parking And Loading Variations: Variations from the parking and loading requirements established in chapter 4, part II of this ordinance shall be limited as follows:

            (1)   The same off street parking facility may be used to satisfy the parking requirements of this ordinance for two (2) or more uses, and provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week, provided that the reduction in parking spaces is not less than sixty percent (60%) of the total number required if calculated separately. An independent parking study shall accompany any such requests for variation.

            (2)   The applicable off street parking or loading requirements may be reduced by one parking space or loading space, or twenty percent (20%) of the required facilities, whichever is greater, provided that requirements for conditional uses shall be subject to subsection 10-3-14G7 of this chapter.

         b.   Building Height: Variations in the height of buildings and structures shall not be more than ten percent (10%) above the maximum height allowed.

         c.   Lot Area: Variations in the amount of lot area required shall not result in such lot area being reduced by more than five percent (5%) of the minimum area required.

         d.   Building Coverage: A variation to the maximum building coverage restrictions can only be granted if it does not exceed ten percent (10%) of the building coverage restrictions permitted in each zoning district, except that a variation not to exceed fifteen percent (15%) of the maximum building coverage restrictions may be granted to a lot in the R2 - single-family residence district for purposes of constructing an addition to an existing principal building or structure, provided the following criteria are met:

            (1)   The principal building or structure was constructed prior to year 1950.

            (2)   There is a need for preservation of a certain architectural or historic element or feature of the principal building or structure that necessitates the increased variation.

            (3)   The grant of a variation to the maximum building coverage restrictions under this subsection cannot cause the maximum lot coverage requirement for all structures (see subsections 10-6-3G, "Maximum Building Coverage", 10-4-4A2, "Area Limitation", and I3c, "Lot Coverage", of this ordinance) to be exceeded.

         e.   Accessory Use Structure Area Limitations In Required Yards: A variation to the maximum area limitations in required yard coverage can only be granted if it does not exceed ten percent (10%) of the area limitations in required yard coverage permitted. (Ord. 15-2794, 3-23-2015)

      6.   Revocation: Where a variation has been granted pursuant to the provisions of this section, such approval shall become null and void unless work thereon is substantially underway within twelve (12) months of the date of issuance. An extension past twelve (12) months may be authorized for up to six (6) months by the zoning board of appeals. A public hearing for an extension shall be held only if the person granted the variation or a successor ("the petitioner") requests such an extension and hearing in writing to the department of code enforcement prior to the end of the initial twelve (12) month period. All costs for the public hearing to consider the extension shall be paid by the petitioner. (Ord. 97-2029, 11-24-1997; amd. Ord. 98-2064, 12-21-1998)

      7.   Exemption From Development Control Ordinance Requirements: The board of trustees may approve an exemption from any of the requirements of the development control ordinance, in order to comply with or conform to federal or state law, or to avoid or resolve any alleged violation of the freedom of religion based rights afforded to any person under federal or state law caused by the enforcement of any village regulation. Any person desiring such an exemption shall file a written petition with the chief building official, who shall forward the petition to the board of trustees for purposes of conducting a public hearing on the petition and issuing a final determination. The petition shall include separate statements that: a) advise which particular regulation of the village the requested exemption relates to; b) explain how the regulation is not in conformance with federal or state law or how it allegedly violates the person's freedom of religion based rights afforded under federal or state law; c) describe how granting the exemption would be in the public interest and not be contrary to health, safety and welfare considerations; and d) describe the intended use of land or activity for which the exemption is being sought. The petitioner shall submit any additional information requested by the board of trustees and shall appear before the board of trustees at the public hearing to explain the request and to answer any questions relative to the petition. The board of trustees, however, may consider approving an exemption in accordance with the criteria set forth below, based on evidence available to it, without the filing of a petition under this section or without the petitioner being present at the public hearing.

In considering an exemption from the requirements of the development control ordinance, the board of trustees may approve the exemption provided it makes findings, based on the presented evidence, regarding at least one of the following criteria:

         a.   The exemption is in the public interest and is not contrary to health, safety and welfare considerations.

         b.   The exemption is necessary for the petitioner or the village to comply with or conform to federal or state law and the village regulation does not constitute or further a compelling governmental interest in need of protection and is not the least restrictive alternative for satisfying or achieving the governmental interest.

         c.   The exemption is necessary to avoid or resolve any alleged violation of the freedom of religion based rights afforded to any person under federal or state law caused by the enforcement of any regulation of the development control ordinance and the village regulation does not constitute or further a compelling governmental interest in need of protection and is not the least restrictive alternative for satisfying or achieving the governmental interest.

            (1)   Village Regulation: The board of trustees shall either grant or deny the exemption within thirty (30) days of the conclusion of the public hearing at which it considered the exemption. The board of trustees may request additional information from the petitioner, may continue the hearing from time to time in order to fully consider the petition and all pertinent information, and may grant the exemption: a) in full, or b) in part by waiving compliance with certain aspects of the village regulation. The board of trustees may grant the exemption in full or in part, subject to conditions that are related to the public health, safety and welfare. If the board of trustees grants the exemption in full or in part, it shall pass an ordinance that approves of the exemption and, if appropriate, the ordinance may contain conditions relating to the exemption. If the board of trustees denies the exemption, it shall issue a written decision that identifies the reasons for the denial and shall provide a copy of the decision to the petitioner. The petitioner may file a written request with the board of trustees for a temporary use permit to allow the use or activity during the pendency of the exemption petition process pursuant to chapter 4 of this ordinance.

            (2)   Village Policy Or Practice: In regard to an exemption from any village policy or practice, the same procedures and criteria under subsection C7c(1) of this section shall apply, except that there shall be no public hearing before the board of trustees. The chief building official shall forward the petition to the board of trustees who shall consider the exemption petition at an open public meeting that shall be attended by the petitioner. The public meeting shall be scheduled within thirty (30) days of receipt of the petition and the board may request additional information from the petitioner. The board shall grant or deny the exemption within thirty (30) days of the conclusion of the last public meeting at which it considers the information relative to the exemption. The board of trustees may grant the exemption in full or in part, subject to conditions that are related to the public health, safety and welfare. If the board of trustees grants the exemption in full or in part, it shall pass an ordinance that approves of the exemption and, if appropriate, the ordinance may contain conditions relating to the exemption. If the board of trustees denies the exemption, it shall issue a written decision that identifies the reasons for the denial and shall provide a copy of the decision to the petitioner. (Ord. 01-2167, 5-21-2001)

   A.   Intent And Policy: For the purpose of promoting the public health, safety, and general welfare, conserving the value of property throughout the community, and lessening or avoiding congestion in the public streets and highways, the village board may, from time to time, in the manner hereinafter set forth, amend the regulations of this ordinance or amend district boundary lines, provided that in all amendatory ordinances adopted under the authority of this section, due allowances shall be made for existing conditions, the conservation of property values, the disposition of building development to the best advantage of the entire community, and the uses to which property is devoted at the time of the adoption of such amendatory ordinance.

   B.   Authority And Declaration Of Public Policy: The authority to amend this ordinance shall rest with the village board, following a public hearing held by the plan commission and receipt of the plan commission's report on findings of fact pursuant to such amendment. Notwithstanding the foregoing, changes to the text of this ordinance to correct typing or printing errors or errors in calculations may be made administratively.

   C.   Initiation Of Amendment: Amendments may be proposed by the village board, plan commission, zoning board of appeals, other village officials or any person with a proprietary interest in property within the village.

   D.   Application For Amendment: An application for an amendment to this ordinance shall be filed with the village manager in such form and accompanied by such information as reasonably required by the village manager. The village manager, upon receiving a full and complete application for amendment, shall transmit the application, along with all pertinent data filed therewith, to the plan commission for review. (Ord. 92-1855, 12-14-1992)

   E.   Public Hearing: The plan commission shall schedule a public hearing within sixty (60) days of receipt of any application for amendment. Notice of the hearing shall be published not more than thirty (30) days nor less than fifteen (15) days before said hearing in one or more newspapers with a general circulation within the village. If a specific parcel is the subject of the application, notice shall also be given by posting a sign on said property. The sign shall measure at least six (6) square feet and bear on its face the words "Zoning Application Pending" and a telephone number that can be called for additional information. The sign shall be issued to the applicant by the department of code enforcement for posting by the applicant. This sign shall be posted facing the street, not more than thirty (30) days nor less than fifteen (15) days before said hearing; and shall be removed from the property and returned to the department of code enforcement by the applicant following the conclusion of the hearing. (Ord. 99-2081, 4-26-1999)

   F.   Findings Of Fact And Recommendation Of The Plan Commission: The plan commission shall submit written recommendations to the village board within thirty (30) days of the conclusion of the public hearing. Extension of this time period may be allowed by mutual consent of the applicant and the plan commission. Findings of fact shall conform, generally, to the guidelines established below:

      1.   Map Amendments: Where a map amendment is proposed, the plan commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters:

         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 to 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 have taken place in its present zoning classification;

         e.   The suitability of the property in question for permitted uses listed in the proposed zoning classification;

         f.   The compatibility of the surrounding property with the permitted uses listed in the proposed zoning classification;

         g.   The objectives of the current comprehensive plan for the village and the impact of the proposed amendment on the said objectives.

      2.   Text Amendments: Where a text amendment is proposed, the plan commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters:

         a.   The degree to which the proposed amendment has general applicability within the village at large and is not intended to benefit specific property.

         b.   The consistency of the proposed amendment with the objectives of this ordinance and the intent of the applicable zoning district regulations.

         c.   The degree, if any, to which the proposed amendment would create nonconformity.

         d.   The consistency of the proposed amendment with the comprehensive plan.

         e.   The degree, if any, to which the proposed amendment contradicts village policy as established in previous rulings on petitions involving similar circumstances.

   G.   Action By The Village Board: The village board shall not act upon a proposed amendment to this ordinance until it shall have received a written report and recommendation from the plan commission on the proposed amendment incorporating findings of fact, as established above.

   H.   Effect Of Denial Of Amendment: No application for an amendment that has been denied by the village board shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of change of condition found to be valid by the village manager.

   I.   Repeal Of Amendment: In any case where a map amendment has been granted and where no development has taken place within one year, the plan commission, after holding a public hearing, may recommend to the village board that such zoning be affirmed or repealed and rezoned to its most appropriate district classification. The repeal of a map amendment can then be effected by the adoption of an ordinance repealing the amendment by the village board. (Ord. 92-1855, 12-14-1992)

   A.   Authority: The board of zoning appeals shall hear testimony concerning appeals from any administrative order, requirement, decision or determination made by any of the administrative bodies or authorized official concerning this ordinance and render a final decision on such matters.

   B.   Initiation: An appeal may be filed with the board of zoning appeals by any person, firm, or corporation, or by any office, department, board, bureau, or commission aggrieved by an administrative order, requirement, decision or determination under this ordinance by any of the administrative bodies or authorized official vested with the authority to administer this ordinance. The appeal must be filed no later than forty five (45) days from the date of the action that is being appealed.

   C.   Staying All Proceedings: Unless the village manager or the chief building official certifies to the zoning board of appeals, in writing, that a stay of proceedings would pose an imminent peril to life and property, an appeal stays all proceedings in furtherance of the action that is being appealed.

   D.   Processing: An appeal shall be filed with the village manager or the chief building official, who shall forward such appeal, and all papers and other evidence constituting the record upon which the action appealed from was taken, to the zoning board of appeals for processing in accordance with this ordinance and the applicable statutes of the state of Illinois.

   E.   Public Hearing: A public hearing shall be conducted in conformance with state statutes by the board of zoning appeals for every appeal. Notice of the hearing shall be published not more than thirty (30) nor less than fifteen (15) days before said hearing in one or more newspapers with a general circulation within the village.

   F.   Decisions: The board of zoning appeals shall hear testimony and evidence concerning appeals, and prepare findings of fact and shall render a final decision on all appeals. (Ord. 00-2119, 3-20-2000)

   A.   Purpose: The development and execution of this ordinance is based upon the division of the community into districts within which the use of land and buildings and the bulk and location of buildings and structures are similar. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use in the particular location. Such conditional uses fall into two (2) categories:

      1.   Uses publicly operated or traditionally connected with a public interest.

      2.   Uses entirely private in character, but of such a nature that their operation may give rise to particular concerns with respect to their impact upon neighboring property or public facilities.

   B.   Authority: The village board shall render final decisions on all applications for a conditional use. The plan commission shall hold a public hearing, prepare findings of fact, and submit its recommendation to the village board for consideration. (Ord. 92-1855, 12-14-1992)

   C.   Initiation Of Conditional Use Application: Any person, firm, corporation, office, department, or other legal entity having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest or an exclusive possessory interest, and which is specifically enforceable, may file an application with the consent of the property owner, to use such land for one or more of the conditional uses provided for in this ordinance in the zoning district in which the land is located. In the event a particular use is not listed as a conditional use in this ordinance, a person may file an application for a text amendment to the ordinance to add the use as a listed conditional use. In such cases, the text amendment application may be considered at the same time that a related conditional use application is being considered, but the matters shall be considered under separate public hearing proceedings and the board of trustees shall decide the text amendment application prior to the conditional use application. (Ord. 01-2167, 5-21-2001)

   D.   Application For Conditional Use: An application for a conditional use shall be filed with the village manager on an official, prescribed form. The application shall be accompanied by the following plans, data or information:

      1.   A statement in writing by the applicant and adequate evidence showing that the proposed conditional use will conform to the standards set forth in subsection G of this section.

      2.   A site plan of the proposed use identifying the location of all buildings and structures on the site; buildings, structures and pavement on adjacent property; open space; points of ingress/egress; the location of parking; property lines; easements; and scale, north arrow and date.

      3.   The existing use and zoning of land within two hundred feet (200') of the subject site.

      4.   A landscape plan showing all proposed and existing landscaping including berming, buffering and screening.

      5.   Estimated traffic generation of the proposed use.

      6.   Floor plans indicating the internal use of structures.

      7.   Architectural elevations.

      8.   An exterior lighting plan indicating the location of all lighting fixtures.

      9.   An accurate legal description of the subject property.

      10.   Other information as may be required by the plan commission.

Such application shall be forwarded from the village manager to the plan commission for review and recommendation to the village board. (Ord. 92-1855, 12-14-1992)

   E.   Public Hearing: The plan commission shall hold a public hearing conforming to state statutes for special uses on each application, at such time and place as shall be established by the plan commission, but within forty five (45) days of receipt of the completed application. Notice of the hearing shall be published not more than thirty (30) days nor less than fifteen (15) days before said hearing in one or more newspapers with a general circulation within the village. Notice will be sent as required by state statutes for special uses. Notice shall also be given by posting a sign on the property. The sign shall measure at least six (6) square feet and bear on its face the words "Zoning Application Pending" and a telephone number that can be called for additional information. The sign shall be issued to the applicant by the department of code enforcement for posting by the applicant. This sign shall be posted facing the street, not more than thirty (30) days nor less than fifteen (15) days before said hearing; and shall be removed from the property and returned to the department of code enforcement by the applicant following the conclusion of the hearing. (Ord. 99-2081, 4-26-1999)

   F.   Plan Commission Action: For each application for a conditional use, the plan commission shall, within thirty (30) days of the conclusion of the public hearing concerning such application, submit its written findings to the village board, including the stipulations of additional conditions, and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. Such additional conditions and guarantees shall be in the form of proposals to the village board which may accept, reject or modify such proposals as the village board deems appropriate.

   G.   Standards: No conditional use shall be recommended by the plan commission unless it finds:

      1.   That the establishment, maintenance, or operation of the conditional use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare;

      2.   That the conditional use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located;

      3.   That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

      4.   That adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided;

      5.   That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;

      6.   That the proposed conditional use is not contrary to the objectives of the current comprehensive plan for the village of Western Springs; and

      7.   That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendations of the plan commission and approved by the village board.

   H.   Conditions And Guarantees: Prior to the granting of any conditional use, the plan commission may recommend, such recommendations being advisory only and not binding, and the village board may stipulate such conditions, guarantees and restrictions, upon the establishment, location, construction, maintenance, and operation of the conditional use as are deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified above. In all cases in which conditional uses are granted, the village board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.

   I.   Action By The Village Board:

      1.   The village board shall review and consider the recommendations of the plan commission, but the village board shall have the sole authority and responsibility to make final decisions on all petitions for conditional uses.

      2.   The village board shall not act upon a proposed conditional use until it receives a written report and recommendation from the plan commission on the proposed conditional use.

      3.   The village board may grant by ordinance, deny, amend the recommendation of the plan commission, or refer back to the plan commission for further study, any application for a conditional use, and may establish such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use, as is deemed necessary by the village board for the protection of the public interest and to secure compliance with the standards and requirements specified in subsection G of this section.

      4.   In all cases where the village board permits the establishment of a conditional use, the terms of the relief granted shall be specifically set forth in the ordinance.

   J.   Effect Of Denial Of Conditional Uses: No application for a conditional use that 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 the grounds of new factual evidence, or a change in the conditions that would alter the concept or intent of the request including more than a fifteen percent (15%) modification in the density, height, land use, or building type, changes in road standards or alignment, or conditions which would have a positive effect on the surrounding property. New factual evidence or a change in conditions must be certified by the village manager. The village manager must find either new factual evidence or a change in conditions presented at the original public hearing, as well as a change in the site plan, before the village board could find cause and allow a new public hearing to be conducted.

   K.   Revocation:

      1.   In any case where a conditional use has not been established (or substantially under way) within one year from the date of granting thereof, then, without further action by the village board, the conditional use or authorization thereof shall be null and void.

      2.   A conditional use permit may be revoked if the conditional use as established or constructed on the site does not conform to the established conditions for approval. The village manager will be responsible for advising the village board of any violations and the village board may then authorize the plan commission to schedule a public hearing to consider revoking the conditional use permit. After conducting the public hearing, the plan commission shall then prepare a written report and recommendation to submit to the village board. Upon receipt of the plan commission's report, the village board shall then render a final judgment to rescind the conditional use permit and accompanying ordinance.

   L.   Expiration And Transferability: A conditional use approval shall be deemed to authorize only a particular conditional use and shall expire if the conditional use shall cease for more than twelve (12) months for any reason. However, the ownership of an authorized conditional use may be changed if the use remains unchanged. (Ord. 92-1855, 12-14-1992)

   M.   Modification Or Intensification: Any modification or intensification of a conditional use that alters or changes the essential character or operation of the use or property in a way not intended at the time the conditional use was granted, or as subsequently amended, shall require a new conditional use permit. The property owner/operator or his authorized representative shall apply for such conditional use permit prior to any modification of the use or property. The department of code enforcement will review the proposed modification and shall provide to the village manager an opinion as to whether the proposed modification or intensification represents an alteration or change in the essential character or in the operation of the conditional use as approved. The operator of the conditional use shall provide the department of code enforcement with all the necessary information related to the conditional use in order for the department to provide said opinion to the village manager in preparation for the final determination by the village manager. In determining whether a proposed modification or intensification of a conditional use alters or changes the essential character or operation of the conditional use or the property in a way not intended at the time the conditional use was granted, or as subsequently amended, the village manager's decision shall be based on the following criteria: 1) the information and documents on file with the village relating to the approval of the original conditional use or any modification thereto; 2) the ordinance(s) approving the original conditional use or any modification thereto; 3) the information and documents relied upon by the department of code enforcement in preparing its opinion; 4) the scope and nature of the existing uses of the property; and 5) any additional information and documents relating to the proposed modification or intensification of the conditional use provided by the operator of the conditional use.

If the village manager determines that the proposed modification or intensification will not alter or change the essential character or operation of the original conditional use, as approved, a new conditional use permit shall not be required. (Ord. 01-2167, 5-21-2001)

See chapter 10 of this ordinance. (Ord. 92-1855, 12-14-1992)