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Willowbrook City Zoning Code

CHAPTER 9

ZONING PROCEDURES

9-9-01: GENERAL APPLICATION REQUIREMENTS:

   (A)   Authorization:
      1.   An application for any zoning procedure, except for amendments, may be filed only by the owner or lessee of the property, or by an agent or contract purchaser specifically authorized by the owner to file such application.
      2.   An application for an amendment may be filed by an owner, lessee, agent or contract purchaser of property located in the Village or by the Village Board, Plan Commission, or the Village Administrator or their designee.
   (B)   Filing:
      1.   An application for any zoning procedure shall be filed with the Village Administrator or their designee.
      2.   The application shall be on forms provided by the Village and shall be filed in such number as the instructions provide.
      3.   All plans shall be at a scale sufficient to permit a clear and precise understanding of the proposal.
      4.   The application shall include all information, plans, and data, specified in the UDO Application Requirements Manual.
   (C)   Completeness:
      1.   The Village Administrator or their designee shall determine whether the application is complete.
      2.   If the application is not complete, the Village Administrator or their designee shall notify the applicant of any deficiencies and shall take no steps to process the application until the deficiencies are remedied.
      3.   Once the Village Administrator or their designee has determined that the application is complete, the application shall be reviewed and acted upon by the Village Administrator or their designee or scheduled for consideration at the appropriate meeting.
   (D)   Fees:
      1.   Every application shall be accompanied by the required filing fee as established and modified, from time to time, by the Village Board.
      2.   The failure to pay such fee when due shall be grounds for refusing to process the application and for denying or revoking any permit or approval for the subject property.
      3.   No fees shall be waived, and no fees shall be refunded except those authorized by the Village Board.
      4.   The Village Board shall adopt the Village Fee Schedule by resolution.
   (E)   Withdrawal Of Application: An applicant shall have the right to withdraw an application at any time prior to the decision on the application by a Village official, commission, or board. Such withdrawal shall be in writing.
   (F)   Successive Applications:
      1.   A subsequent application shall not be reviewed or heard within one (1) year of the date of denial unless there is substantial new evidence available or if a significant mistake of law or of fact affected the prior denial.
      2.   Such subsequent application shall include a detailed statement of the grounds justifying its consideration.
      3.   The Village Administrator or their designee shall make a determination as to whether the subsequent application is substantially the same as the original application.
      4.   If the Village Administrator or their designee finds that there are no grounds for consideration of the subsequent application, they shall summarily and without hearing deny the request. (Ord. 23-0-05, 1-23-2023)

9-9-02: ADMINISTRATIVE REVIEW AND APPROVAL PROCEDURES:

   (A)   Village Administrator Authority: The Village Administrator or their designee shall have the authority to receive applications and make determinations for the following administrative procedures:
      1.   Site Plan Review;
      2.   Zoning Compliance Permit;
      3.   Administrative Exception;
      4.   Sign Permit;
      5.   Fence Permit;
      6.   Temporary Use Permit; and
      7.   Special Event Permit.
   (B)   Site Plan Review:
      1.   Purpose: The purpose of Site Plan Review is to certify compliance with all applicable provisions of this UDO.
      2.   Applicability:
         (a)   Every application for a building permit, including new construction and additions equal to or greater than twenty percent (20%) of the existing floor area of the building, shall be subject to site plan review and approval.
         (b)   Site plan review shall not apply to:
            (1)   Building permits for construction that are limited to interior remodeling, exterior modifications or additions less than twenty percent (20%) of the existing floor area of the building.
            (2)   Building permits for detached single-family dwellings or accessory structures to detached single-family dwellings.
         (c)   No building permit shall be issued unless and until site plan approval has been granted.
      3.   Village Administrator Review And Action:
         (a)   The Village Administrator or their designee shall review the site plan review application to determine whether it conforms to all applicable provisions of this UDO.
         (b)   Based upon their review the Village Administrator or their designee shall:
            (1)   Approve the site plan;
            (2)   Approve the site plan with conditions;
            (3)   Refer the site plan to the Plan Commission for review and approval; or
            (4)   Deny the site plan.
      4.   Concurrent Applications: A Special Use Permit or Variance application may be processed concurrently with the site plan.
      5.   Expiration And Lapse Of Approval: The applicant shall have twelve (12) months from the date of site plan approval to secure a building permit to carry out the proposed improvements. If a building permit has not been obtained within twelve (12) months of the date of approval, the approval shall expire. An extension of the time requirements may be requested in writing and granted by the Village Administrator or their designee for good cause shown by the applicant, provided a written request is filed with the Village at least four (4) weeks prior to the respective deadline.
   (C)   Zoning Compliance Permit:
      1.   Purpose: The purpose of Zoning Compliance Permit is to certify compliance with all applicable provisions of this UDO. It shall be unlawful for any person to erect, move, add to, or structurally alter any building or structure, or to use or change the use of any building or land or to permit the aforementioned actions, until a Zoning Compliance Permit has been issued by the Village Administrator or their designee.
      2.   Village Administrator Review And Action:
         (a)   The Village Administrator or their designee shall review the zoning compliance permit application to determine whether it conforms to all applicable provisions of this UDO.
         (b)   Based upon their review the Village Administrator or their designee shall:
            (1)   Issue the Zoning Compliance Permit;
            (2)   Issue the Zoning Compliance Permit with conditions;
            (3)   Refer the Zoning Compliance Permit application to the Plan Commission for review and approval; or
            (4)   Deny the Zoning Compliance Permit.
      3.   Concurrent Applications: A Special Use Permit or Variance application may be processed concurrently with the Zoning Compliance Permit.
      4.   Expiration And Lapse Of Approval: The applicant shall have twelve (12) months from the date of Zoning Compliance Permit issuance to secure a building permit to carry out the proposed improvements. If a building permit has not been obtained within twelve (12) months of the date of issuance, the permit shall expire. An extension of the time requirements may be requested in writing and granted by the Village Administrator or their designee for good cause shown by the applicant, provided a written request is filed with the Village at least four (4) weeks prior to the respective deadline.
   (D)   Administrative Exception:
      1.   Purpose:
         (a)   Administrative Exception is an administrative process through which certain minor variances may be approved by the Village Administrator or their designee.
         (b)   Administrative Exceptions are intended to allow a limited amount of flexibility in the standards of this UDO.
         (c)   The Village Administrator or their designee shall have the authority to grant or deny applications for Administrative Exceptions for such circumstances as this UDO allows, subject to the requirements of this Section.
         (d)   No site plan shall be approved or building permit issued for a proposal requiring an exception to a zoning standard listed in subsection (2) below unless an Administrative Exception is approved.
      2.   Administrative Exceptions Considered:
         (a)   An Administrative Exception may be granted for the following circumstances:
            (1)   A maximum ten percent (10%) reduction of the interior side and/or rear yard setback standard for a new principal or accessory building/structure, or an addition to an existing principal or accessory building/structure in any district.
            (2)   A waiver of the requirement for additional parking when the intensity of a use of any building, structure, or premises increases or when the use of an existing building, structure, or premises changes per Section 9-5-01(A).
            (3)   A waiver of the requirement for cross access per Section 9-5-01(B)(7)(b).
            (4)   The approval of additional parking spaces beyond the maximum parking restriction per Section 9-5-01(E)(2).
            (5)   As otherwise detailed in this UDO.
         (b)   An Administrative Exception shall not be granted for the approval of any use not otherwise allowed as a permitted, limited, or special use within the subject district.
         (c)   No Administrative Exception shall be considered where the setback is five (5) feet or less.
         (d)   In the case of a requested addition to a structure, no exception shall be considered where the existing structure does not meet the minimum setback.
         (e)   No exception shall be considered for a reduction of a setback for property in any nonresidential districts if the yard in which the setback reduction is requested is adjacent to any residential use.
      3.   Administrative Exception Review Criteria: The Administrative Exception shall be approved if the Village Administrator or their designee finds that the proposed exception meets the following criteria:
         (a)   Is consistent with the Comprehensive Plan and other adopted Village plans;
         (b)   Is consistent with the purpose of the underlying district;
         (c)   Is consistent with adopted building and fire codes;
         (d)   Will not result in incompatible development;
         (e)   Will not result in adverse impacts unless adequately mitigated; and
         (f)   Is of a technical nature and is required to:
            (1)   Compensate for an unusual condition;
            (2)   Eliminate a minor inadvertent failure to comply with this UDO; or
            (3)   To protect a sensitive resource or natural feature.
      4.   Pre-Application Conference: The applicant for an Administrative Exception is encouraged to meet with the Village Administrator or their designee prior to submitting an application to discuss the submittal requirements, review criteria, and review process.
      5.   Village Administrator Review And Action: The application shall be reviewed by the Village Administrator or their designee to ensure the application conforms to the criteria in subsection (3) above. Based upon their review, the Village Administrator or their designee shall:
         (a)   Approve the Administrative Exception application;
         (b)   Approve the Administrative Exception application with conditions;
         (c)   Advance the Administrative Exception application to a Variance; or
         (d)   Deny the Administrative Exception application.
      6.   Expiration: If a building permit is not issued or a site plan is not approved within six (6) months of the approval of the Administrative Exception, the Administrative Exception approval shall be void.
   (E)   Sign Permit:
      1.   Purpose: A Sign Permit shall be required prior to the display, construction, erection, or alteration of a sign and its structural components on any property. All signs must comply with Chapter 6, and the applicable sections of the building code as adopted by the Village. All electrical installations associated with the erection and installation of a sign must be done in accordance with the adopted Building and Electrical Codes.
      2.   Exemptions: Signs exempt from a permit are detailed in Section 9-6-04.
      3.   Sign Permit Review Criteria: To approve the issuance of a Sign Permit, the Village Administrator or their designee shall make an affirmative finding that all applicable provisions of this UDO, the applicable building code, and all other Village ordinances are met.
      4.   Village Administrator Action: The application shall be reviewed by the Village Administrator or their designee to ensure the application conforms to the criteria in subsection (3) above. Based upon their review, the Village Administrator or their designee shall:
         (a)   Issue the Sign Permit;
         (b)   Issue the Sign Permit with conditions; or
         (c)   Deny the Sign Permit.
      5.   Expiration And Lapse Of Approval: A Sign Permit shall become void, if work authorized under the permit has not been completed within six (6) months of the date of issuance.
   (F)   Fence Permit:
      1.   Purpose: A Fence Permit shall be required prior to the construction or installation of any fence to certify compliance with all applicable regulations of this UDO and the applicable sections of the building code as adopted by the Village.
      2.   Fence Permit Review Criteria: To approve the issuance of a Fence Permit, the Village Administrator or their designee shall make an affirmative finding that all applicable provisions of this UDO, the applicable building code, and all other Village ordinances are met.
      3.   Village Administrator Action: The application shall be reviewed by the Village Administrator or their designee to ensure the application conforms to the criteria in subsection (2) above. Based upon their review, the Village Administrator or their designee shall:
         (a)   Issue the Fence Permit;
         (b)   Issue the Fence Permit with conditions; or
         (c)   Deny the Fence Permit.
      4.   Expiration And Lapse Of Approval: A Fence Permit shall become void, if work authorized under the permit has not been completed within six (6) months of the date of issuance.
   (G)   Temporary Use Permit:
      1.   Purpose: A Temporary Use Permit shall be required prior to the establishment of a temporary use per Section 9-3-04 of this UDO to certify compliance with all applicable regulations of this UDO and the applicable sections of the building code as adopted by the Village.
      2.   Temporary Use Permit Review Criteria: To approve the issuance of a Temporary Use Permit, the Village Administrator or their designee shall make an affirmative finding that all applicable provisions of this UDO, the applicable building code, and all other Village ordinances are met.
      3.   Village Administrator Action: The application shall be reviewed by the Village Administrator or their designee to ensure the application conforms to the criteria in subsection (3) above. Based upon their review, the Village Administrator or their designee shall:
         (a)   Issue the Temporary Use Permit;
         (b)   Issue the Temporary Use Permit with conditions; or
         (c)   Deny the Temporary Use Permit.
   (H)   Special Event Permit:
      1.   Purpose: A Special Event Permit shall be required prior to the commencement of a special event as defined in this UDO. Special events shall take place on private property only unless specifically allowed on public property or right of ways by a Special Event Permit.
      2.   Special Event Permit Review Criteria: To approve the issuance of Special Event Permit, the Village Administrator or their designee shall make an affirmative finding that the following criteria are met as applicable:
         (a)   Land Use Compatibility: The special event must be compatible with the purpose and intent of this UDO and the district in which it will be located. The special event shall not impair the normal, safe, and effective operation of a permanent use on the same site, unless otherwise approved by the use operator. The special event shall not endanger or be materially detrimental to the public health, safety, or welfare, or injurious to property or improvements in the immediate vicinity of the special event, given the nature of the activity, its location on the site, and its relationship to parking and access points.
         (b)   Compliance With Other Regulations: A building permit or temporary certificate of occupancy may be required before any structure used in conjunction with the special event is constructed or modified. All structures and the site shall meet all applicable building code, UDO, and fire code standards and shall be promptly removed upon the cessation of the special event. Upon cessation of the special event, the site shall be returned to its previous condition (including the removal of all trash, debris, signage, attention attracting devices, or other evidence of the special event or use).
         (c)   Hours Of Operation And Duration: The duration and hours of operation of the special event shall be consistent with the intent of the event and compatible with the surrounding land uses. The duration and hours of operation shall be established by the Village Administrator or their designee at the time of approval of the Special Event Permit.
         (d)   Traffic Circulation: The special event, as determined by the Village Administrator or their designee, shall not cause undue traffic congestion or accident potential given anticipated attendance and the design of adjacent streets, intersections, and traffic controls.
         (e)   Off-Street Parking: Adequate on-site or off-site off-street parking shall be provided for the temporary use, as determined by the Village Administrator or their designee, and it shall not create a parking shortage for any other use in operation during hours of operation of the special event.
         (f)   Public Conveniences And Litter Control: Adequate on-site restroom facilities and on-site solid waste containers may be required. The applicant shall provide a written guarantee that all litter generated by the special event shall be removed at no expense to the Village.
         (g)   Appearance And Nuisances: The special event shall be compatible in intensity, appearance, and operation with surrounding land uses in the area, and shall not impair the usefulness, enjoyment, or value of adjacent property due to the generation of excessive noise, dust, smoke, glare, spillover lighting, or other forms of environmental or visual pollution.
         (h)   Signs And Attention-Getting Devices: The Village Administrator or their designee shall review all signage in conjunction with the issuance of the Special Event Permit, although a Sign Permit is not required. The Village Administrator or their designee may approve the temporary use of attention-getting devices. The number and types of signs and attention-getting devices allowed shall be evaluated on the following criteria:
            (1)   Type and size of the proposed event or use;
            (2)   Safety considerations (sight distance setbacks, sidewalks in area, etc.);
            (3)   Lighting considerations (disturbance of nearby residents or adverse effects to traffic on adjacent streets); and
            (4)   Aesthetic concerns (appearance, illumination, number, and size of signs and attention-getting devices proposed).
         (i)   Other Conditions: The Village Administrator or their designee may establish any additional conditions deemed necessary to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including, but not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening/buffering, and guarantees for site restoration and cleanup following the special event. Conditions may include, but shall not be limited to:
            (1)   Modifications or restrictions to the hours of operation, duration of the event, size of the activity or other operational characteristics.
            (2)   If the permit applicant requests the Village to provide extraordinary services or equipment or if the Village Administrator or their designee otherwise determines that extraordinary services (e.g., traffic control or security personnel) or equipment should be provided to protect the public health or safety, the applicant shall be required to pay to the Village a fee sufficient to reimburse the Village for the costs of these services if not provided by the applicant. This requirement shall not apply if the special event has been anticipated in the budget process and sufficient funds have been included in the budget to cover the costs incurred.
      3.   Village Administrator Action: The application shall be reviewed by the Village Administrator or their designee to ensure the application conforms to the criteria in subsection (2) above. Based upon their review, the Village Administrator or their designee shall:
         (a)   Issue the Special Event Permit;
         (b)   Issue the Special Event Permit with conditions; or
         (c)   Deny the Special Event Permit. (Ord. 23-0-05, 1-23-2023)

9-9-03: GENERAL BOARD AND COMMISSION REVIEW AND APPROVAL PROCEDURES:

   (A)   Summary Of Board And Commission Review And Approval Procedures: Table 9-9-03(A) summarizes the Board and Commission review and approval procedures and identifies the appropriate boards or commissions that serve as recommending and/or decision-making bodies.
Table 9-9-03(A): Summary of Board and Commission Review and Approval Procedures
Procedure
Plan Commission
Village Board
Table 9-9-03(A): Summary of Board and Commission Review and Approval Procedures
Procedure
Plan Commission
Village Board
Variation
R*
D
Special Use Permit
R*
D
Text/Map Amendment
R*
D
Comprehensive Sign Plan
R*
D
Key:
R = Recommending Body
D = Decision Making Body
* = Public Hearing Required
 
   (B)   Public Notice:
      1.   Cost Of Notice: All costs associated with any form of public notice, as required by this UDO, shall be the sole responsibility of the applicant.
      2.   Notice Content: All forms of public notice required by this UDO shall include the following content:
         (a)   The date, time, and place of the scheduled public hearing;
         (b)   A description of the property involved in the application by street address if one exists;
         (c)   A description of the nature, scope, and purpose of the application;
         (d)   The location and source of additional information on the application; and
         (e)   Other information as deemed necessary by the Village Administrator or their designee.
      3.   Forms Of Public Notice:
         (a)   Mailed Notice: When mailed notice is required, as detailed in Table 9-9-03(B)(4), the Village Administrator or their designee shall provide notice by first class mail to all owners of record of the subject property and all owners of record within two hundred fifty (250) feet of the outermost property line of the subject property. The notice shall be deposited in the U.S. mail by the Village Administrator or their designee at least fifteen (15) days and no more than thirty (30) days before the scheduled public hearing. Ownership information shall be obtained from the records of the DuPage County Assessor.
         (b)   Posted Notice: When posted notice is required, as detailed in Table 9-9-03(B)(4), the Village Administrator or their designee shall post a sign on the subject property along the fronting street. If the subject property fronts two (2) or more streets, signs shall be posted along each frontage. The notice shall be posted by the Village Administrator or their designee at least fifteen (15) days and no more than thirty (30) days before the scheduled public hearing.
         (c)   Published Notice: When published notice is required, as detailed in Table 9-9-03(B)(4), the Village Administrator or their designee shall ensure that notice is published in a newspaper of local circulation and on the Village's website, at least fifteen (15) days and no more than thirty (30) days before the date of the scheduled public hearing.
   (C)   Public Notice Requirements By Procedure: Table 9-9-03(B)(4) summarizes the requirements for public notice per Board and Commission review and approval procedure.
Table 9-9-03(B)(4): Public Notice Requirement by Board and Commission Review and Approval Procedure
Procedure
Mailed Notice
Posted Notice
Published Notice
Table 9-9-03(B)(4): Public Notice Requirement by Board and Commission Review and Approval Procedure
Procedure
Mailed Notice
Posted Notice
Published Notice
Variation
Special Use Permit
Text Amendment
Map Amendment
Comprehensive Sign Plan
Key:
• = Required Form of Public Notice
 
   (D)   Public Notice Issues: Minor technical deviations from specified notice requirements shall not be deemed to impair notice where there is actual notice. When required written notices have been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a hearing and the general location of the subject property shall be strictly construed. If questions arise at the hearing regarding the adequacy of notice, the body hearing the matter shall make a finding regarding whether there was compliance with the notice requirements of this UDO. (Ord. 23-0-05, 1-23-2023)

9-9-04: VARIATION:

   (A)   Purpose: The variation process is designed to provide a narrowly circumscribed means by which relief may be granted from unforeseen applications of this UDO that create practical difficulties or particular hardships. Practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations imposed by this UDO may be decided upon by the Village Board.
   (B)   Variation Review Criteria: The Plan Commission shall not recommend, and the Village Board shall not grant variations from the regulations of this UDO unless an affirmative findings of fact shall be made as to all of the review criteria established below, which findings of fact shall be based upon evidence provided by the applicant.
      1.   The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations of the district in which it is located.
      2.   The proposed variation will not merely serve as a convenience to the applicant but will alleviate some demonstrable and unusual hardship which will result if the strict letter of the regulations were carried out and which is not generally applicable to property within the same district.
      3.   The alleged hardship has not been created by any person presently having a proprietary interest in the premises.
      4.   The proposed variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood.
      5.   The proposed variation will not impair an adequate supply of light and air to adjacent property, substantially increase congestion in the public streets, increase the danger of fire, or endanger the public safety.
      6.   The proposed variation will not alter the essential character of the locality.
      7.   The proposed variation is in harmony with the spirit and intent of this UDO.
   (C)   Plan Commission Hearing And Recommendation: The Plan Commission shall hold a public hearing and at the close of the public hearing and after consideration of the recommendation of the Village Administrator or their designee and public comment received, either recommend to the Village Board:
      1.   Approval of the Variation;
      2.   Approval of the Variation with conditions; or
      3.   Denial of the Variation.
   (D)   Village Board Action: The Village Board shall review the application for a Variation and after consideration of the recommendation of the Plan Commission, recommendation of the Village Administrator or their designee, and public comment received either:
      1.   Approve the Variation;
      2.   Approve the Variation with conditions; or
      3.   Deny the Variation. (Ord. 23-0-05, 1-23-2023)

9-9-05: SPECIAL USE PERMIT:

   (A)   Purpose: There exists various uses, which because of their special or unique characteristics may be located in some zoning districts with no disruptive effects, but which may, in other districts, need special consideration and restraints in order to measure and prevent potential adverse impacts upon other uses located in such districts.
   (B)   Applicability: All uses identified as special uses in Table 9-3-04(B) shall be allowed only after the adoption of an ordinance by the Village Board authorizing such special use and containing such conditions as the Village Board may deem appropriate.
   (C)   Special Use Permit Review Criteria: The following review criteria shall be met in order for the Village Board to approve a Special Use Permit application:
      1.   The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
      2.   The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.
      3.   The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.
      4.   Adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided.
      5.   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.   The special 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 by the Village Board pursuant to the recommendation of the Plan Commission.
   (D)   Regulation Compliance: Notwithstanding any provision contained in this UDO to the contrary, the Village Board shall not take final action on an application for a Special Use Permit if the property that is the subject of the application is determined by the Village Administrator or their designee to be in violation of any provision of this UDO, the building code, or any other ordinance adopted by the Village.
   (E)   Plan Commission Hearing And Recommendation: The Plan Commission shall hold a public hearing and at the close of the public hearing and after consideration of the recommendation of the Village Administrator or their designee and public comment received, either recommend to the Village Board:
      1.   Approval of the Special Use Permit;
      2.   Approval of the Special Use Permit with conditions; or
      3.   Denial of the Special Use Permit.
   (F)   Village Board Action: The Village Board shall review the application for a Special Use Permit and after consideration of the recommendation of the Plan Commission, recommendation of the Village Administrator or their designee, and public comment received either:
      1.   Approve the Special Use Permit;
      2.   Approve the Special Use Permit with conditions; or
      3.   Deny the Special Use Permit. (Ord. 23-0-05, 1-23-2023)

9-9-06: TEXT/MAP AMENDMENTS:

   (A)   Purpose: The regulations imposed and the districts created by this UDO may be amended from time to time by ordinance, in accordance with the state statutes.
   (B)   Applicability: The amendment process is intended to adjust this UDO in response to changed conditions or changes in Village policy. Amendments are not intended to relieve particular hardships or confer special privileges or rights upon any person or party.
   (C)   Text Amendment Review Criteria: The following review criteria shall be considered in the review and action on Text Amendment applications.
      1.   The proposed text amendment is consistent with the adopted plans and policies of the Village.
      2.   The proposed text amendment addresses a particular issue or concern for the Village.
      3.   The proposed text amendment does not impose an unreasonable hardship on existing uses.
      4.   Major land uses, conditions, or circumstances have changed since the UDO was adopted or amended.
      5.   The requested amendment is compatible with the existing uses and development patterns of the Village.
      6.   The proposed amendments is not detrimental to the health, safety and welfare of the neighborhood or of the Village as a whole.
   (D)   Map Amendment Review Criteria: The following review criteria shall be considered in the review and action on Map Amendment applications.
      1.   The proposed map amendment is consistent with the adopted plans and policies of the Village.
      2.   Major land uses, conditions or circumstances have changed since the UDO was adopted or amended.
      3.   Sites do not exist for the proposed use in existing districts permitting such use.
      4.   The requested map amendment is compatible with the existing uses, development patterns and zoning of nearby properties.
      5.   The present development of the area complies with existing ordinances.
      6.   The existing zoning imposes an unreasonable hardship and a reasonable economic benefit cannot be realized from uses permitted by the existing zoning.
      7.   The proposed map amendment does not conflict with existing or planned public improvements or will not adversely impact schools, parks or other public facilities.
      8.   The environment or traffic patterns in the vicinity will not be adversely affected.
      9.   The proposed map amendment is not detrimental to the health, safety and welfare of the neighborhood or of the Village as a whole.
   (E)   Plan Commission Hearing And Recommendation: The Plan Commission shall hold a public hearing and at the close of the public hearing and after consideration of the recommendation of the Village Administrator or their designee and public comment received, either recommend to the Village Board:
      1.   Approval of the Text / Map Amendment; or
      2.   Denial of the Text / Map Amendment.
   (F)   Village Board Action: The Village Board shall review the application for a Special Use Permit and after consideration of the recommendation of the Plan Commission, recommendation of the Village Administrator or their designee, and public comment received either:
      1.   Approve the Text / Map Amendment; or
      2.   Deny the Text / Map Amendment. (Ord. 23-0-05, 1-23-2023)

9-9-07: COMPREHENSIVE SIGN PLAN:

   (A)   Purpose: The purpose of the comprehensive sign plan is to provide an alternative procedure under which signs can be designed, constructed, and erected with innovation, imagination, and creative architecture. The objective of the comprehensive sign plan is to encourage a higher level of design and amenity than is possible to achieve under otherwise applicable sign regulations.
   (B)   Applicability: Any building or development may elect to submit a comprehensive sign plan. After the approval of a comprehensive sign plan, no permanent sign shall be erected, placed, or maintained except in conformance with the Comprehensive Sign Plan.
   (C)   Comprehensive Sign Plan Review Criteria:
      1.   Placement: All signs shall be placed where they are visible and legible. Factors to be considered include the location of a sign relative to traffic movement and access points, site features, other structures, and orientation relative to viewing distances and viewing angles. Wall signs may be approved on building walls other than the wall of a unit of a multi-tenant building in which some units have little or no visibility from the street.
      2.   Quantity: The number of signs that may be approved within any development shall be sufficient to provide necessary facilitation of internal circulation of vehicular and pedestrian traffic and wayfinding for safety of the occupants of vehicles and pedestrians. Factors to be considered shall be those that impact safety considerations such as the size of the development and the number of development sub-areas.
      3.   Size: All signs shall be no larger than necessary for visibility and legibility but in no instance shall the aggregate sign area per lot exceed three (3) square feet of sign area per lineal foot of frontage. Factors to be considered in determining appropriate size include topography, volume, and speed of traffic, viewing distances and angles, proximity to adjacent uses, and placement of display.
   (D)   Plan Commission Hearing And Recommendation: The Plan Commission shall hold a public hearing and at the close of the public hearing and after consideration of the public comment received, either recommend to the Village Board:
      1.   Approval of the Comprehensive Sign Plan;
      2.   Approval of the Comprehensive Sign Plan with conditions; or
      3.   Denial of the Comprehensive Sign Plan.
   (E)   Village Board Action: The Village Board shall review the comprehensive sign plan application and, based on the Comprehensive Sign Plan Review Criteria and recommendation of the Plan Commission either:
      1.   Approve the Comprehensive Sign Plan;
      2.   Approve the Comprehensive Sign Plan with conditions; or
      3.   Deny the Comprehensive Sign Plan. (Ord. 23-0-05, 1-23-2023)