Westville City Zoning Code
ARTICLE VI
Variances and Special Permits
§ 360-46 Authority to grant and to impose conditions.
A.
The Board of Zoning Appeals may, in accordance with the procedure set forth in this article, grant special permits and variances from the operations of the regulations of this code for the buildings, structures, and uses specified in this article, provided, in each case, that:
(1)
The special permit or variance is in substantial harmony with the purposes and intent hereof as declared in § 360-2.
(2)
The special permit or variance substantially complies with the specific requirements therefor as set forth in this article and for the district in which the use is located.
(3)
Satisfactory evidence is presented to the Board that the present or proposed situation of the building, structure, development or use is reasonably necessary for the convenience and welfare of the public.
B.
In granting any special permit or variance, the Board may impose (in addition to other requirements) conditions for the reasonable protection of the immediate neighborhood or the Village from adverse effects of the use or building involved.
§ 360-47 Site location.
A.
The site location of any building, structure, or use permitted by a special permit or variance shall have a compatible relationship to the established street system and shall be such as to impose no greater traffic burden on streets than the streets can reasonably bear.
B.
The site of any building, structure or use permitted by a special permit or variance may be located partly outside the Village limits, provided that applicable requirements of the Village relative to utility permits and extensions and to annexation are complied with, and provided, further, as to such part of the site outside the Village limits.
§ 360-48 Public buildings and public utility buildings or structures.
The Board of Zoning Appeals may permit any building, structure or use of the Village, the county, the township, public school district, university, or any state or federal agency, or public utility in either a governmental or proprietary capacity, in any zoning district as the Board deems necessary for the convenience and welfare. Such building, structure or use shall be subject to such of the requirements of the district wherein the building, structure or use is situated and to such of the other regulations applying to uses permitted in the development as the Board deems necessary to comply with the general provisions of § 360-46 and § 360-47 and to assure compatibility of the development with the character of its locality.
§ 360-49 Hearing and action on application; revocation of permit.
A.
Hearing and action on application.
(2)
If the application is granted, a copy of the final plan shall be placed on file within the Village, clearly noting all conditions of approval and the date approved for issuance of a permit. If the application is denied, the applicant shall not again apply for a permit for substantially the same proposal unless there has occurred a substantial change of circumstances, and in such case only with the Board's consent first obtained; otherwise, not earlier than one year after the date of the denial. If the application is referred back for modification, the applicant may resubmit the application in accordance with the directions of the Board, if any; otherwise, in time for the next regular meeting of the Board.
B.
The Board of Zoning Appeals may revoke a permit issued under this article if: 1) the proposal for which a permit has been issued is not carried out pursuant to the approved final site plan; or 2) any condition or requirement included in the permit is not complied with. The Board may, however, allow modifications of the final plan, before completion, in conformity with the applicable provisions for review as provided for in this article.
C.
A permit issued under this article shall expire if the proposal authorized by the permit is not completed within the development schedule therefor included in the application, or expiration.
D.
After the final plan has been completed, it shall be a permanent site plan and shall not be modified, nor shall any additions be made thereto, except with the applicable provisions of this article.
(See 65 ILCS 5/11-13-7.)
§ 360-50 Use variances and special permits.
A.
General. No use variance or special permit under this article shall be granted by the Board of Zoning Appeals except in accordance with the procedure set forth in this section.
B.
Application; preliminary site plan. Application for a use variance or special permit under this article shall be made to the Board of Zoning Appeals on a form approved and furnished by the Board. Such application shall include, among other pertinent information, two copies of a preliminary site plan of the proposed site, to scale, showing:
(1)
The location, dimensions and character of all present and/or proposed buildings, structures and uses;
(2)
The location of adjacent pedestrian and vehicular traffic circulation;
(3)
The location of off-street parking and off-street loading;
(4)
Type of proposed surfacing material for accessways and parking;
(5)
Plan for pedestrian and vehicular traffic within the subject area, with consideration given to the established street system serving the subject area and to emergency vehicle access to each building;
(6)
Perspectives of structures or other such drawings necessary to indicate the relative compatibility with the immediate neighborhood as well as within the subject area;
(7)
General landscaping and screening plan;
(8)
Location of public or private utilities proposed to serve the subject area;
(9)
Proposed finished grade of the site; and
(10)
Development schedule providing reasonable guarantees for the completion of the proposed development or other construction according to the development schedule.