Woodridge City Zoning Code
CHAPTER 6
ZONING ADMINISTRATION AND ENFORCEMENT
9-6-1: ADMINISTRATIVE OFFICIALS AND BODIES:
A. The administration of this title is hereby vested in the following:
1. The Zoning Officer;
2. The Plan Commission; and
3. The Village Board.
B. Zoning Officer.
1. General powers. The Zoning Officer is charged with the administration and enforcement of this title. In addition to the jurisdiction, authority and duties conferred on the Zoning Officer by other provisions of state statutes and village codes and ordinances, the Zoning Officer has all powers necessary for the administration and enforcement of this title and, in particular, has the jurisdiction, authority and duties in this section.
2. Rules; regulations; application forms. The Zoning Officer, consistent with the express standards, purposes and intent of this title, promulgate, may adopt and issue procedural rules, regulations and forms as are in the Zoning Officer’s opinion necessary for the effective administration and enforcement of the provisions of this title.
3. Staff assistance to the Plan Commission. The Zoning Officer will make staff and consulting assistance available to the Plan Commission, and the Zoning Officer will in that capacity:
a. Attend the meetings of the Plan Commission;
b. Inform the Plan Commission of relevant facts and information at the Zoning Officer’s disposal with respect to any matter brought before the Plan Commission;
c. Assist the Plan Commission by performing research and making recommendations on matters brought before the Plan Commission; and
d. Perform such other duties as may be assigned to the Zoning Officer by this title and by the direction of the Village Administrator.
4. Records. The Zoning Officer will, subject to village record retention policies, maintain:
a. Permanent and current records of this title, including all maps; amendments; special use permits; planned development and site plan approvals and denials; interpretations; and decisions rendered by the Plan Commission, the village attorney and the Zoning Officer, together with relevant background files and materials and final disposition of the Village Board; and
b. A current file of all certificates of zoning compliance, all certificates of occupancy and notices of violations, terminations, discontinuance or removal, issued by or entrusted to Zoning Officer’s office, for such times necessary to ensure continuous compliance with the provisions of this title.
5. Zoning text; zoning map.
a. The Zoning Officer will prepare and have available for public sale on or before March of each year:
(1) The compiled text of this title in book or pamphlet form, including all amendments thereto through the preceding December 31; and
(2) The official zoning map, showing the zoning districts, divisions and classifications in effect on the preceding December 31.
b. The Zoning Officer will, at all other times, maintain, and have available for reproduction, at least one up-to-date copy of both the text of this title and the zoning map, showing all amendments through the most recent meeting of a Village Board for which official minutes have been approved.
6. Applications. Receipt, processing, referral to interested parties and agencies.
The Zoning Officer will receive all applications required to be filed pursuant to this title and determine when any application is complete. Upon receipt of any such application, the Zoning Officer will see to its processing, including its referral to and retrieval from each official department, Board or commission of the village, or other government, with any interest or duty with respect to such application. Unless otherwise provided, the Zoning Officer may waive any application requirements that require the submission of supporting information where the applicant demonstrates to the satisfaction of the Zoning Officer that the information required is not relevant to or necessary for the determination of the application submitted.
7. Investigation of applications. Whenever the Plan Commission or the Village Board request by general rule or specific direction, the Zoning Officer will conduct or cause to be conducted such surveys, investigations and field studies, and will prepare or cause to be prepared such reports, maps, photographs, charts and exhibits, as will be necessary and appropriate to the processing of any application filed pursuant to this title.
8. Certificates of zoning compliance and certificates of occupancy. Pursuant to the provisions of subsections 9-6-3
A. and 9-6-3
B. of this chapter, the Zoning Officer will review all applications for certificates of zoning compliance and certificates of occupancy and approve or disapprove such applications and issue or refuse to issue such certificates based on compliance or noncompliance with the provisions of this title.
9. Interpretations. Pursuant to the provisions of subsection 9-6-4
A. of this chapter, the Zoning Officer will issue written interpretations of the meaning and applicability of specific provisions of this title. Any interpretation of this title that may be rendered by the Zoning Officer or the Plan Commission will be kept on file with the Zoning Officer and will be a public record of the village.
12. Extensions of time.
a. The Zoning Officer may, upon written request, for good cause shown and without any notice or hearing, grant extensions of any time limit imposed on an applicant or permittee by this title unless an ordinance or resolution expressly provides otherwise. The total period of time granted by such extension or extensions will not exceed the length of the original period or ninety (90) days, whichever is less.
b. The Village Board may, upon written request, for good cause shown, and without any notice or hearing, grant extensions of any time limited imposed on an applicant or permittee by this title provided an ordinance or resolution, as appropriate, is duly adopted by a majority vote of the trustees. The total period of time granted by such extension or extensions will be specifically stated in the ordinance or resolution.
13. Inspection and enforcement. In furtherance of the enforcement of this title, the Zoning Officer will undertake regular and continuing programs of inspection of work approved and underway and of existing structures and uses as may be feasible and proper; will undertake additional inspections as may be necessary to the performance of their duties under this title; will receive from any person complaints alleging, with particularity, a violation of this title; and when appropriate will cause investigations and inspections as may be warranted under the circumstances. Upon finding the existence of any violation of this title, the Zoning Officer will take or direct all actions necessary or appropriate to penalize and abate such violation under section 9-6-7 of this chapter and other applicable laws.
14. Reports. The Zoning Officer will, from time to time, prepare and submit a report to the Village Board and the Plan Commission concerning the administration of the land use and development regulations of the village, setting forth information and statistical data as may be of interest and value in advancing and furthering the goals and purposes of such regulations and setting forth the Zoning Officer’s recommendations for the improvement of these regulations and their administration.
C. Plan Commission.
1. Established. The Plan Commission established by Title 2, Chapter 2 of the Woodridge Village Code, as amended, is the zoning Board of appeals and Plan Commission referred to in this title. The provisions of this title with respect to the Plan Commission are supplementary to the provisions of the Woodridge Village Code, as amended. Reference should be made to the Woodridge Village Code for a complete description of the membership, term of office and rules of procedure of the Plan Commission. Any distinctions made in this title between the Zoning Board of Appeals and Plan Commission are established for the purposes of defining the authority of the Plan Commission and in what capacity it is operating on a particular form of relief provided under this title.
2. Plan Commission authority and procedures.
a. The Plan Commission is vested with the following powers and duties:
(1) To hear, consider, and recommend to the Village Board matters dealing with amendments to this title;
(2) To hear, consider, and recommend to the Village Board matters dealing with the granting of special uses;
(3) To hear, consider, and recommend to the Village Board variances to this title, including those that may be requested in connection with special uses, rezoning, subdivisions, annexation requests, or other zoning approval requests;
(4) To hear, consider, and recommend to the Village Board matters dealing with the granting of planned developments;
(5) To prepare and recommend to the Village Board a new comprehensive land use plan for the present and future development or redevelopment of the village and contiguous unincorporated territory within one and one-half miles of the corporate limits of the village and not located in any other municipality;
(6) To designate, subject to final consideration, evaluation and approval of the Village Board, land suitable for annexation to the village and the recommended zoning classification for such land upon annexation;
(7) To recommend to the Village Board, from time to time, such changes in the comprehensive land use plan or any part thereof, as may be deemed necessary;
(8) To prepare and recommend to the Village Board, from time to time, plans or recommendations for specific improvements in pursuance of the comprehensive land use plan's goals and objectives;
(9) To give aid to the officials of the village charged with the direction of projects for improvements embraced within the comprehensive land use plan, or parts thereof, to further the making of such improvements and generally to promote the realization of the comprehensive land use plan;
(10) To consider and recommend to the Village Board all matters which it is required to act upon under the terms of this chapter or under the law;
(11) To recommend, subject to final consideration, evaluation and approval by the Village Board, reasonable standards of design for subdivisions and for resubdivisions of unimproved land and of areas subject to redevelopment with respect to public improvements;
(12) To recommend, subject to final consideration, evaluation and approval by the Village Board, reasonable standards governing the location, width, course and surfacing of public streets and highways, alleys, ways for public service facilities, curbs, gutters, sidewalks, streetlights, parks, playgrounds, school grounds, size of lots to be used for residential purposes, storm water drainage, sanitary sewers, and sewage collection;
(13) To study and make recommendations regarding matters dealing with the planning of the community;
(14) To direct and review, from time to time, studies of the provisions of this chapter, and to make recommendations to the Village Board regarding any changes to the ordinance;
(15) To cooperate with the municipal or regional planning commissions and other agencies or groups to further local planning initiatives and to assure harmonious and integrated planning for the area; and
(16) To hear, consider and make final determinations on appeals from decisions and interpretations under this title by the Zoning Officer.
b. Necessary vote. The concurring vote of at least four (4) of the currently appointed members will be necessary to take any action or adopt any motion to recommend approval of any matter or application. Any lesser vote on any such motion, even if a majority of those voting, will be considered a final decision to recommend denial of such matter or application.
c. Record. The transcript of testimony, if any; the minutes of the secretary; all applications, requests, exhibits and papers filed in any proceeding before the Plan Commission; and the decision of the Plan Commission will constitute the record. The Plan Commission may rely on the personal knowledge of its members, on its inspections of the property and on any reports available to it; provided, however, that the Plan Commission will make the particular knowledge, inspection or report a matter of record at the public hearing and afford every party reasonable time to respond to it.
d. Decisions.
(1) Every decision of the Plan Commission that is deemed to be a final decision on a matter will be in writing and include findings of fact; refer to all the evidence in the record and to the exhibits, plans or specifications upon which the decision is based; specify the reason or reasons for the decision; contain a conclusion or statement separate from the findings of fact setting forth the specific relief granted or denying relief; and expressly set forth any limitations or conditions imposed on any relief granted or work or use authorized.
(2) The Plan Commission will take no final or binding vote on a decision unless it first has before it the written decision or resolution; provided, however, that where special circumstances warrant it, as determined by the Plan Commission, it may take final action prior to the preparation of the decision or resolution but before taking such action, first state its findings and conclusions at a meeting open to the public and will, in addition, state the special circumstances.
(3) Every decision of the Plan Commission that is a recommendation to the Village Board may be made by written decision, written resolution, or by written report of the chairperson to the mayor and Village Board in accordance with the provisions of this subsection.
(4) In any case where this code provides that the failure of the Plan Commission to act within a fixed period is deemed to be a denial of an application, the failure will, notwithstanding the absence of required findings and conclusions, be considered to be a decision of the Plan Commission rendered on the day following the expiration of such fixed period. (Ord. 2024-6, 3-7-2024)
9-6-2: PLANNING DOCUMENTS AND PROCEDURES:
A. Official comprehensive plan and other special area or subject plans.
1. Authority. The Plan Commission has authority to prepare and recommend to the Village Board a comprehensive plan including the village and unincorporated areas surrounding the village and from time to time to prepare and recommend other special area or subject plans and amendments thereto, any or all of which the Village Board may adopt as the "The Village of Woodridge Comprehensive Land Use Plan," all in accordance with the procedures set out in this section.
2. Purpose. The comprehensive plan will be considered an official statement of the policy of the village with respect to the existing and developing character of the various areas of the village and its vicinity; the proper objectives, standards and direction for future maintenance, growth, development and redevelopment of the village; the means to be employed to protect existing character or development and to encourage future development that will be in the best interests of the village; and the actions and programs to be undertaken by the village with respect to its future maintenance and development.
3. Effect. After the adoption of the comprehensive plan, or a part thereof, no ordinance, regulation or official map relating to the physical maintenance, development or redevelopment of the village or any land within it will be enacted, established, amended or varied and no right-of-way, street, utility or public structure or land will be authorized, established, developed, redeveloped or modified in location or extent except in accordance with the policies, goals, objectives, principles and standards of the comprehensive plan or relevant part thereof unless the Village Board will first make a specific finding that the facts and circumstances affecting the particular matter justify a departure from the plan.
4. Procedures.
a. Plan development.
(1) The Plan Commission, with the assistance of the Zoning Officer, will exercise the powers and duties delegated to it by this code in the continuing development and revision of the comprehensive plan. The process of plan development is necessarily an informal one and not readily adaptable to rigid procedures, but the Plan Commission and the Zoning Officer, in developing a plan, will make all reasonable efforts to obtain the views, comments, and criticisms of interested persons. In addition, the Plan Commission, prior to making any recommendation for the adoption or amendment of a plan or part thereof to the Village Board, will set, notice and conduct a public hearing thereon in accordance with the provisions of subsection 9-6-2
E. of this chapter.
(2) The Village Board may, at any time, refer a plan to the Plan Commission for consideration and recommendation. In the case of such referral, the Plan Commission will return its recommendation to the Village Board not later than ninety (90) days following the receipt of the referral. In the event such recommendation is not so delivered, the Village Board may proceed to consider the amendment without such recommendation.
(3) When satisfied that a plan, or a part thereof, is adequate for adoption as the comprehensive plan, or a part thereof or an amendment thereto, the Plan Commission will transmit the plan or part thereof to the Village Board together with its recommendations for adoption of such plan as well as any reports or statements deemed necessary to a full consideration of such plan or part thereof. Such reports or statements may include majority and minority positions. Such transmission will be made not later than fifteen (15) days following the close of the public hearing concerning such plan.
b. Plan adoption. Upon receiving any recommendation of the Plan Commission with respect to adoption or amendment of any plan, or a part thereof, the Village Board may, by ordinance duly enacted, adopt such plan in whole or in part, with or without amendments; or may refer such plan or any part thereof back to the Plan Commission for further consideration; or may reject such plan. The Board will take such action no later than ninety (90) days following the close of the Plan Commission public hearing on such plan. The failure of the Board to act within such period will be deemed to be a rejection of the plan. Upon the adoption of any such plan or part thereof, it will be designated as the "The Village of Woodridge Comprehensive Land Use Plan, [year adopted]," and if less than a total comprehensive plan, will carry a subheading designating its specific contents.
c. Plan amendment. The comprehensive plan, or any part thereof, may be amended at any time in accordance with the provisions of this subsection 9-6-2
A.4.c. Such an amendment may be initiated by the Village Board, the Plan Commission, the Zoning Officer, or by any owner of property affected by the provisions of such plan sought to be amended.
(1) Amendments initiated by the Village Board, the Plan Commission, or the Zoning Officer will require no formal application and will be processed as provided in this subsection, except that the time limits specified in subsection 9-6-2
A.4. above will not apply.
(2) Amendments initiated by the owner of affected property will be initiated by an application filed pursuant to this subsection 9-6-2
A.4.c. and the specified time limits therein will apply.
d. Plan filing and notice of adoption. The ordinance adopting the comprehensive plan, or any part thereof, will provide that the Zoning Officer will cause a certified copy thereof to be placed on file in the office of the village clerk, and will cause a notice evidencing the adoption of such plan, or part thereof, to be filed with the recorder of deeds of each county with property affected by the plan.
B. Maps.
1. Official Map.
a. Authority. The Plan Commission will have authority to prepare and to recommend to the Village Board an official map of the village and the unincorporated areas surrounding the village and from time to time to prepare and recommend amendments thereto, all of which the Village Board may adopt as the “Official Map of the Village of Woodridge.”
b. Purpose. The official map is adopted to implement the comprehensive plan, to assure the adequacy of the public facilities to which it relates and to secure for the village the authority and benefits provided by state law in connection with such an official map.
c. Procedures. The procedures for the development, adoption, amendment and filing of the official map will be the same as those provided in subsection 9-6-2
A.4. of this chapter with respect to the comprehensive plan.
2. Zoning Map. The location and boundaries of the districts established by this title are indicated upon the map entitled, “official zoning map, Village of Woodridge, Illinois”, as amended from time to time, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this title. The official zoning map shall be on file in the Office of the Village Clerk and shall be the final authority as to the current zoning status of land and buildings, subject to such authorized amendments, which may be in effect.
C. Applications.
1. Place of filing. Unless otherwise provided by this title, applications for certificates of zoning compliance, certificates of occupancy, code interpretations, site plan approvals, appeals, variations, amendments, special use approvals, and planned unit developments will be filed with the Zoning Officer.
2. Forms, Number, Scale. All applications filed pursuant to this title will be on forms supplied by the Zoning Officer and will be filed in a number of duplicate paper and electronic copies as the Zoning Officer may designate. All plans filed as part of any application will be at a scale sufficient to permit a clear and precise understanding of the contents of said plan and the proposal being made and, if not electronic, will be folded to a convenient size for handling and filing in standard, legal size legal drawers.
3. Filing Deadlines.
a. Applications Requiring Hearings. Applications requiring a public hearing will not be scheduled for such hearing unless and until such applications are filed in a complete and proper form and number and containing all required information.
b. Applications Not Requiring Hearing. Applications that do not require a public hearing will be filed, in a complete and proper form and number and containing all required information, at least thirty-five (35) days prior to the time when action on the application is requested. Applications will be processed on a first-filed, first-processed basis.
c. Supplemental Data. Whenever supplemental data in connection with a previously filed application is required by the Village or offered by the applicant, it will be submitted at least seven (7) days prior to the date on which it is to be considered at a hearing or a meeting or acted upon in connection with such application. The filing of this data will, in the discretion of the Zoning Officer and of the body hearing the application, because to delay a requested or scheduled hearing date.
4. Fee Established; Lien.
a. Every application filed pursuant to this title will be subject to a non-refundable application and filing fee in the amount established by the Village Board in the fee schedule set forth in subsection 3-1A-3
of the village code.
b. The owner of the property which is the subject of the application and, if different, the applicant, will be jointly and severally liable for the payment of the application fee, as well as the actual village application processing costs. By submitting the application, owner is deemed to have agreed to pay any fees and processing costs, to consent to the filing, and foreclosure of a lien on the property to ensure collection of any fee and processing costs, plus the costs of collection, which has not been paid within thirty (30) days following the mailing of a written demand for payment to the owner at the address shown on the application. Any lien filed pursuant to this subsection may be foreclosed in the manner provided by statute for mortgages or mechanics liens.
5. Condition of All Applications, Approvals and Permits; Time Periods.
a. No application filed pursuant to this title will be considered complete unless and until all fees and deposits due have been paid. Every approval granted and every permit issued pursuant to this title will, whether or not expressly so conditioned, be deemed to be conditioned upon payment of fees as required by subsection 3-1A-3
of the village code and subsection 9-6-2
C.4. of this chapter.
b. Any period of non-payment by the applicant will toll any time period where this title provides that the passage of time without decision or action will be deemed an approval or a recommendation for approval by the village. Time periods will otherwise continue to run during any period of non-payment.
c. The failure to fully pay any such fee or deposit, when due, will be grounds for refusing to process an application and for denying or revoking any permit or approval sought or issued with respect to the land or development to which the unpaid fee or deposit relates.
6. Minimum Application Data Requirements.
a. All Applications. Every application submitted pursuant to this title will contain at least the following information:
(1) The owner’s name, email, telephone number and address and the owner’s signed consent to the filing of the application.
(2) The applicant’s name, email, telephone number and address, if different than the owner, and their interest in the subject property.
(3) The names, addresses, emails and telephone numbers of all professional consultants, if any, advising the applicant with respect to the application.
(4) The name and address and the nature and extent of the financial interest of any village officer or employee in the owner, the applicant, or the subject property.
(5) The address and legal description of the property.
(6) A description or graphic representation of the proposal for which approval is being sought and of the existing zoning classification, use and development of the property. The scope and detail of the description will be appropriate to the subject matter of the application, with special emphasis on those matters likely to be affected or impacted by the approval being sought in the application.
(7) In the case of any application being filed less than two (2) years after the denial of an application seeking essentially the same relief, the statement required by subsection 9-6-2
D.
(8) Proof of control or ownership, in the case of site-specific applications.
(1) A description or graphic representation of any development or construction that will occur or any use that will be established or maintained if the requested relief is granted.
(2) A table showing the following, if applicable:
(a) The total lot area of the subject property, in acres and in square feet;
(b) The total existing and proposed lot area, expressed in acres, in square feet and as a percent of the total development area, devoted to residential uses, by type of structure, commercial uses, office uses, industrial uses and institutional uses, open space, rights-of-way, streets, and off-street parking and loading areas; and
(3) The existing and proposed:
(a) Number of dwelling units, by number of bedrooms and dwelling unit gross floor area; and
(b) Gross and net floor area devoted to residential uses, commercial uses, office uses, industrial uses, institutional uses and recreational uses.
(4) A table listing all bulk, space and yard requirements, all parking requirements, and all loading requirements applicable to any proposed development or construction and showing the compliance of such proposed development or construction with each such requirement. Where any lack of compliance is shown, the reason therefore must be stated and an explanation of the village’s authority, if any, to approve the application despite such lack of compliance must be set forth.
(5) The certificate of a registered architect or civil engineer licensed by the State of Illinois, or of an owner-designer, that any proposed use, construction or development complies with all the provisions of this title and other village ordinances or complies with such provisions except in the manner and to the extent specifically set forth in said certificate.
(1) The specific provision or provisions of this title for which an interpretation is sought.
(2) The facts of the specific situation giving rise to the request for an interpretation.
(3) The precise interpretation claimed by the applicant to be correct.
(4) Where a use interpretation is sought, the use permitted pursuant to the present zoning classification of the subject property that is claimed by the applicant to include, or to be most similar to, the proposed use.
(5) Where a use interpretation is sought, documents, statements and other evidence demonstrating that the proposed use will comply with all use limitations established for the district in which it is proposed to be located.
(1) The specific order, decision or determination of failure to act from which an appeal is sought.
(2) The facts of the specific situation giving rise to the original order, decision, determination or failure to act and to the appeal therefrom.
(3) The precise relief sought.
(4) A statement of the applicant’s position as to alleged errors in the order, decision, determination or failure to act being appealed and as to why the relief sought is justified and proper.
(1) The specific feature or features of the proposed use, construction or development that require a variation.
(2) The specific provision of this title from which a variation is sought and the precise variation therefrom being sought.
(3) A statement of the characteristics of the subject property that prevent compliance with the said provisions of this title.
(4) A statement of the minimum variation of the provisions of this title that would be necessary to permit the proposed use, construction or development.
(5) A statement of how the variation sought would satisfy the standards set forth in subsection 9-6-4
C.6. of this chapter.
(6) An accurate, to scale and full-size survey, certified by a registered land surveyor, showing existing lot lines and dimensions as well as lot area, all easements, all public and private rights-of-way and all streets across and adjacent to the subject property.
(7) A statement concerning the conformity or lack of conformity of the approval being requested to the comprehensive plan or the official map. Where the approval being requested does not conform to the comprehensive plan or official map, reasons justifying the approval despite such lack of conformity must be stated.
f. Applications for Administrative Variations. Every application for an administrative variation filed pursuant to subsection 9-6-4
D of this title requesting an administrative variation will, in addition to the data and information required pursuant to subsection 9-6-2
C.6.a. provide the following information:
(1) Plat of survey with legal description.
(2) Site plan and architectural renderings, as appropriate.
(3) A statement of the characteristics of the subject property that prevent compliance with the said provisions of this title.
(4) A statement of the minimum variation of the provisions of this title that would be necessary to permit the proposed use, construction or development.
(a) A statement of how the variation sought would satisfy the standards set forth in subsection 9-6-4
D.5. of this chapter.
(b) A statement concerning the conformity or lack of conformity of the approval being requested to the comprehensive plan or the official map. Where the approval being requested does not conform to the comprehensive plan or official map, reasons justifying the approval despite such lack of conformity must be stated.
(c) Notarized letters or petition from all adjoining property owners stating the following:
i. Name of the applicant seeking the variation.
ii. Legal description and address of the subject property.
iii. Name and address of adjoining property owners.
iv. Statement of variation request.
v. Statement that the adjoining property owner does understand the request and does not object to the variation request.
g. Applications for Comprehensive Plan or Zoning Text Amendments. Every application for comprehensive plan amendment filed pursuant to subsection 9-6-2
A.4.c or zoning text amendment application filed pursuant to subsection 9-6-5
A. of this chapter will, in addition to the data and information required pursuant to subsection 9-6-2
C.6.a. provide the following information:
(1) The exact wording of the proposed text amendment.
(2) A statement of the need and justification for the proposed text amendment.
(3) If applicable, a survey, certified by a registered land surveyor, showing existing lot lines and dimensions as well as lot area, all easements, all public and private rights-of-way and all streets across and adjacent to the subject property.
(4) A statement concerning the conformity or lack of conformity of the approval being requested to the comprehensive plan and official map.
Where the approval being requested does not conform to the comprehensive plan or official map, reasons justifying the approval despite such lack of conformity will be stated.
(1) A written statement of the need for the special use permit.
(2) An accurate, to scale and full-size survey, certified by a registered land surveyor, showing existing lot lines and dimensions as well as lot area, all easements, all public and private rights-of-way and all streets across and adjacent to the subject property.
(3) A statement concerning the conformity or lack of conformity of the approval being requested to the comprehensive plan and official map. Where the approval being requested does not conform to the comprehensive plan or the official map, reasons justifying the approval despite such lack of conformity will be stated.
i. Applications for Official Map or Zoning Map Amendments. Every application for official map amendment filed pursuant to subsection 9-6-2
A.4. and for zoning map amendment filed pursuant to subsection 9-6-5
A. will, in addition to the data and information required pursuant to subsection 9-6-2
C.6.a., provide a statement of the need and justification for the proposed official map or zoning map amendment. The statement will address at least the following factors:
(1) The existing uses and zoning classifications of properties in the vicinity of the subject property.
(2) The trend of development in the vicinity of the subject property, including changes, if any, in such trend since the subject property was placed in its present plan designation or zoning classification.
(3) The extent to which the value of the subject property is diminished by the existing plan designation or zoning classification applicable to it.
(4) The extent to which such diminution in value is offset by an increase in the public health, safety and welfare.
(5) The extent, if any, to which the use and enjoyment of adjacent properties would be affected by the proposed amendment.
(6) The extent, if any, to which the value of adjacent properties would be affected by the proposed amendment.
(7) The extent, if any, to which the future orderly development of adjacent properties would be affected by the proposed amendment.
(8) The suitability of the subject property for uses permitted or permissible under its present plan designation and zoning classification.
(9) The availability of adequate ingress to and egress from the subject property and the extent to which traffic conditions in the immediate vicinity of the subject property would be affected by the proposed amendment.
(10) The availability of adequate utilities and essential public services to the subject property to accommodate the uses permitted or permissible under its present plan designation and zoning classification.
(11) The length of time, if any, that the subject property has been vacant, considered in the context of the pace of development in the vicinity of the subject property.
(12) The community need for the proposed map amendment and for the uses and development it would allow.
(13) A survey, certified by a registered land surveyor, showing existing lot lines and dimensions as well as lot area, all easements, all public and private rights-of-way and all streets across and adjacent to the subject property.
j. Applications for Planned Unit Development Preliminary Plan Approval. Every application for planned unit development preliminary plan approval filed pursuant to subsection 9-6-5
C. of this chapter will, in addition to the data and information required pursuant to subsection 9-6-2
C.6.a, provide the following information:
(1) A development name unique to the area for identification purposes.
(2) Evidence that the applicant has sufficient control over the subject property to effectuate the proposed planned unit development, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property, and a recent commitment for title insurance or ownership search certificate.
(3) A map depicting municipal and special district boundaries where adjacent to or within the subject property.
(4) A written statement addressing the following matters:
(a) A general description of the proposed planned unit development, the planning objectives to be achieved by it, including the rationales and assumptions of the applicant supporting the proposed planned unit development, and the market it is intended to serve.
(b) How the proposed planned unit development is to be designed, arranged and operated so as not to adversely affect the development and use of neighboring property in accordance with applicable regulations of this title.
(5) Schematic, soft-line drawings of the proposed planned unit development preliminary plans, including public or private rights-of-way on or adjacent to the subject property, the proposed dimensions and locations of vehicular and pedestrian circulation and parking elements, public and private open space, and residential, commercial, office, industrial and other land uses, and the general locations of and purpose of all easements.
(6) A Tax Impact Study indicating the possible tax consequences the proposed planned unit development will have upon the village and other affected taxing bodies.
(7) A Traffic and Transit Impact Study including a list of new street construction, traffic impacts, and traffic control improvements necessary to accommodate the estimated increase in traffic and traffic related changes occasioned by the proposed development and a statement of the applicant’s proposals for providing those needed improvements. If the traffic related changes are on County or State routes, the Zoning Officer may require the applicant to request relevant information from those respective agencies.
(8) A preliminary engineering study showing the location and adequacy of existing and proposed sanitary sewer, storm sewer and water distribution systems.
(9) A written statement identifying existing natural and environmental resources and features on the subject property, including its topography, vegetation, wetlands and other special management areas, soils, geology, and scenic view, and the impact of the proposed planned unit development on such resources and features, including proposals to preserve or protect such resources and features.
(10) Schematic, soft-line architectural elevations indicating the general style of architecture and typical building materials.
(11) A statement of the applicant’s intent with respect to the ownership, sale and leasing of the various completed units, structures, spaces and areas within the proposed planned unit development.
(12) A development schedule for each and every stage of construction stating the approximate beginning and completion date, proportion of total public or common open space to be provided for each use and with each development stage.
(13) A detailed description of the financial assurances to be presented to guarantee completion of all public improvements and private open space to be provided in connection with the proposed planned unit development.
(14) Evidence of the financing plan the applicant proposes to use to complete the proposed planned unit development. The applicant’s prior success in completing projects of similar scope may be offered in support of this requirement.
(15) A preliminary plat of subdivision if required pursuant to the subdivision ordinance.
k. Application for Planned Unit Development Final Plan Approval. Every application for final planned unit development approval filed pursuant to subsection 9-6-5
C. of this chapter will, in addition to the data and information required pursuant to subsection 9-6-2
C.6.a., provide the following information:
(1) The date on which Development Preliminary Plan approvals were granted.
(2) A statement and plan of the proposed treatment of the perimeter of the proposed planned unit development, including materials and techniques to be used.
(3) When the proposed planned unit development, or stage thereof, includes provision for public or common open space, a statement describing the provision made for the dedication or care and maintenance of such open space. If it is proposed that such open space be owned or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and by-laws of such entity will be submitted. When the property is to be dedicated, a draft of the instrument of dedication will be submitted.
(4) Copies of any restrictive covenants to be recorded with respect to property included in the Final Plan.
(5) A statement summarizing all changes that have been made, or have occurred, in any document, plan, data or information previously submitted, together with a revised copy of any such documents, plan or data.
(6) A final plat of subdivision if required pursuant to the subdivision ordinance.
(7) All engineering data and drawings required in connection with an application forfinal subdivision approval under the subdivision ordinance.
(8) All certificates, seals and signatures required for the dedication of land and recordation of documents.
(9) Hard line elevations and scaled floor plans.
(10) Proof from appropriate governmental agencies that all taxes on the subject property have been paid and that all special assessments, taxes, and other levies against the subject property or any part thereof have been paid in full.
l. Applications for Site Plan Approval. Whenever an application filed pursuant to any provision of this chapter involves any use, construction or development requiring the submission of a site plan pursuant to 9-6-6
of this chapter, a site plan illustrating the proposed use, construction or development and providing at least the following data and information, on one or more sheets, will be submitted as part of the application:
(1) A graphic rendering of the existing conditions, which depicts:
(a) All significant natural, topographical and physical features of the subject property including topographical contours at one-foot (1') intervals;
(b) The location and extent of tree cover, including all qualifying trees as defined by this title;
(c) The location and extent of water bodies and courses, wetlands, marshes and special flood hazard areas, floodplains, and floodways on or within one hundred feet (100') of the subject property;
(d) The location and extent of any buffer areas for wetlands required by county ordinances on or within one hundred feet (100') of the subject property;
(e) Existing drainage structures and patterns; and
(f) Soil conditions as they affect development.
(2) The location, use, size and height in stories and feet of structures and other land uses on properties within two hundred and fifty feet (250') of the subject property.
(3) For areas within any required yard or setback, any proposed regarding of the subject property.
(4) Data concerning proposed structures and existing structures that will remain, including:
(a) Location, size, use and arrangement, including height in stories and feet;
(b) Where relevant, floor area ratio, gross floor area and net floor area;
(c) Where relevant, number and size of dwelling units, by dwelling unit type and number of bedrooms;
(d) Building coverage and lot coverage; and
(e) Description of the calculation method utilized in computing all required statistics shown.
(5) Minimum yard and setback dimensions and, where relevant, relation of yard and setback dimensions to the height, width and depth of any structure.
(6) A vehicular and pedestrian circulation plan showing the location, dimensions, gradient and number of all vehicular and pedestrian circulation elements including rights-of-way and streets; driveway entrances, curbs and curb cuts; parking spaces, loading spaces and circulation aisles; sidewalks, walkways and pathways; and total lot coverage of all circulation elements divided as between vehicular and pedestrian ways.
(7) All existing and proposed surface and sub-surface drainage and retention and detention facilities and existing and proposed water, sewer, gas, electric, telephone and cable communications lines and easements and all other utility facilities.
(8) Location, size and arrangements of all outdoor signs and lighting.
(9) Location and height of fences or screen plantings and the type or kind of building materials or plantings to be used for fencing or screening.
(10) Location, designation and total area of all usable open space.
(11) A detailed landscaping plan, showing location, size and species of all trees, shrubs and other plant material.
(12) A traffic study, if the Zoning Officer finds the development may exceed the capacity or design of surrounding streets.
(13) An erosion control plan for the period during which construction will be taking place, if required by the Zoning Officer finds the expected earth disturbance cannot be maintained on site.
(14) Hard line elevations and floor plans.
7. Special Data Requests. In addition to the data and information required pursuant to subsection 9-6-2
C.6., every applicant will submit any other and additional data, information or documentation as the
Zoning Officer or the Plan Commission may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.
8. Concurrent Applications. Where a proposed use or development requires more than one approval pursuant to this title, applications for all approvals may be filed concurrently notwithstanding the fact that approval of one application may be a precondition to approval of other applications. Such applications may, in the discretion of the official, officials, body, or bodies charged with review of such applications be processed together; provided, however, that no application will be approved unless all applications that are a precondition to its approval have first been approved.
9. Withdrawal of Application. An applicant may withdraw an application at any time prior to a final decision having been rendered with respect thereto; provided that the applicant will have paid all applicable fees and costs due the village pursuant to subsection 9-6-2
C.4. and made the request to withdraw in writing. A withdrawal will be without prejudice to the applicant’s right to refile such application, but any refiling will be treated as an entirely new filing and will be subject to the procedures and fees of this chapter in the same manner as any other new application.
10. Administrative Discretion. Notwithstanding anything to the contrary in this chapter, the Zoning Officer or the Plan Commission may waive any application requirements otherwise set forth in this subsection 9-6-2
C.6. where the applicant demonstrates to the satisfaction of the Zoning Officer or Plan Commission before which its application is pending that the information required is not relevant to or necessary for the determination of the application submitted.
D. Successive Applications.
1. Second Applications Without New Grounds Barred. Whenever any application filed pursuant to this chapter has been finally denied on its merits and all appeals with the village have been exhausted, a second application, seeking essentially the same relief, whether or not in the same form or on the same theory, will not be brought within two (2) years after the date upon the last village action on the application, unless, in the opinion of the Zoning Officer or the Plan Commission substantial new evidence is available or a mistake of law or fact significantly affected the prior denial.
2. New Grounds to be Stated. Any second application will include a detailed statement of the grounds justifying consideration of the application.
3. Exception. Whether or not new grounds are stated, any second application filed more than two (2) years after the final denial of a prior application will be heard on the merits as though no prior application had been filed. The applicant will, however, be required to place in the record all evidence available concerning changes of conditions or new facts that have developed since the denial of the first application. In the absence of such evidence it will be presumed that no new facts exist to support the new petition that did not exist at the time of the denial of the first application.
E. Public Hearings and Meetings.
1. Setting Hearing or Meeting; Time Limitation. When the provisions of this chapter require a public hearing or meeting in connection with any application filed pursuant to this chapter, the Plan Commission will, upon receipt of a properly completed application, fix a reasonable time and place for such hearing or meeting; provided, however, that such hearing or meeting will be commenced no later than sixty (60) days, and will be concluded no later than one hundred and twenty (120) days, following the receipt of the subject application unless the applicant agrees to an extension or unless the hearing or meeting agenda of the body is completely committed during that time.
2. Notice.
a. Notice to be Given. Notice of public hearings and meetings set pursuant to this subsection 9-6-2
E.2. will be given by the Zoning Officer or the applicant, as the case may be, in the form and manner and to the persons herein specified.
b. Content of Notice. All notices will include the date, time and place of such hearing or meeting, a description of the matter to be heard or considered, and the common street address and property index number(s) (“PIN”). The notice may also include a description of the particular location of the subject property.
c. Notice Procedures for all Hearings and Meetings. Notice of every hearing or meeting set pursuant to subsection 9-6-2
E.1. will be given by the Zoning Officer:
(1) By first class mail or personal delivery to the applicant or, with the applicant’s consent, by email to the applicant; and, if a specific parcel is the subject of the application, to the owner of the subject property.
(2) By first class mail to any newspaper or person that will have filed a written request, accompanied by an annual fee as established from time to time by the Zoning Officer to cover postage and handling, for notice of all hearings or meetings held pursuant to this title. Such written request will automatically expire on December 31 of the year in which it is made unless a written request for renewal, accompanied by the annual fee, is submitted prior to such date.
(3) By first class mail, personal delivery, email, or interdepartmental delivery to the affected Village Board, commissions, departments, or officials.
d. Hearings on Amendments, Special Use Permits and Variations. In addition to notice as required by subsection 9-6-2
E.2.c., the following notice will be given for every hearing set for a text amendment to this title, amendment to the zoning map, a special use permit, special use permit renewal, special use permit amendment, planned unit development, or variance:
(1) Content of Notice. The notice required pursuant to this subsection will contain, at a minimum, the following information:
(a) The street address, property index number(s), and street intersection location description (if applicable) of the property that is the subject of the application;
(b) A brief statement of the nature of the relief being requested;
(c) The name and address of the applicant;
(d) The name and address of the legal and beneficial owner of the property, if any, that is the subject of the application.
(2) Notice by Newspaper Publication. The Zoning Officer will cause a notice to be published in a newspaper published in, or of general circulation within, the village at least once no less than fifteen (15) days, nor more than thirty (30) days, in advance of the hearing date.
(3) Notice by Sign. If a specific property is the subject of the application, the Zoning Officer or applicant will post the subject property with a ground sign of approximately six square feet of gross surface area containing the legibly written notice. The sign will be located on the subject property so as to be visible from at least one (1) right-of-way abutting the subject property. The Zoning Officer or applicant will remove the sign within three (3) days after the hearing is closed.
(4) Notice by Mail. The Zoning Officer shall cause to be sent, where applicable, notice mailed via first class mail to all the property owners within five hundred feet (500'), exclusive of any right-of-way, of the specific property. Any irregularity or mistake concerning mailed notice shall not otherwise affect the validity of any legislative action.
(5) Report to Hearing Body. At the hearing, the Zoning Officer or applicant will present to the Plan Commission an affidavit, certification or other evidence satisfactory to the Plan Commission, demonstrating, to the satisfaction of the Plan Commission, that the applicable notice requirements of this subsection have been satisfied.
e. Hearing on Comprehensive Plan Amendment. In addition to notice as required by subsection 9-6-2
E.2.c. above, notice of every hearing set pursuant to subsection 9-6-2
A.4.c. hereof in connection with the amendment of the comprehensive plan will be given by publication in a newspaper of general circulation in the affected counties at least fifteen (15) days before such hearing.
3. Referral to Plan Commission and Departments for Hearings and Meetings
Regarding Appeals, Variations, Amendments, Special Use Permits, and Planned Unit Developments.
a. Zoning Officer to Refer Applications. The Zoning Officer will, not later than the time set pursuant to subsection 9-6-2
E.2. for giving public notice, refer every application for an appeal pursuant to subsection 9-6-4
B. of this chapter, for a variation pursuant to subsection 9-6-4
C. of this chapter, for an amendment pursuant to subsection 9-6-5
A. of this chapter, for a special use permit pursuant to subsection 9-6-5
B. of this chapter, and for a planned unit development pursuant to subsection 9-6-5
C. of this chapter to all relevant village departments with review authority over any application. The Zoning Officer may also refer any application to any affected fire district or other state, county, or local government for comment.
b. Review and Comments. Each department to which an application is referred pursuant to this subsection 9-6-2 E.3.a. will review the application and submit its comments to the Zoning Officer. The comments will, whenever possible, be submitted at least two (2) business days prior to the date set for the hearing and will be made available to any person on request prior to the hearing.
4. Conduct of Hearings. The Plan Commission, in accordance with the authority set forth in Section 11-13-22 of the Illinois Municipal Code, 65 ILCS 5/11-13-22, may adopt such rules of procedure as necessary and appropriate to govern any public hearing required under this chapter. (Ord. 2024-6, 3-7-2024)
9-6-3: CERTIFICATES OF ZONING COMPLIANCE AND CERTIFICATES OF OCCUPANCY:
A. Certificate of Zoning Compliance.
1. Authority. The Zoning Officer will have authority to issue certificates of zoning compliance, but only in accordance with the provisions of this section.
2. Purpose.
a. The certificate of zoning compliance is intended to serve two general purposes:
(1) To provide a procedure for reviewing plans for conformance with this title and a means for evidencing conformance; and
(2) As an adjunct procedure all other applications filed pursuant to this chapter with respect to a specific use or development proposal.
b. When an application for a certificate of zoning compliance is filed, it serves as a vehicle for routine plan review by the Zoning Officer prior to consideration of special requests by other officials, departments or the Plan Commission, thus avoiding needless special reviews of defective plans.
3. Certificate Required. Except where expressly waived by another provision of this title, a certificate of zoning compliance must have first been obtained from the Zoning Officer prior to:
a. Commencement of construction, reconstruction, remodeling, alteration, or moving of any structure;
b. Commencement of grading, excavation, or improvement of land preliminary to any construction on or use of such land; or
c. Village issuance of building or other permits pertaining to the construction, reconstruction, remodeling, alteration, or moving of any structure or the use of any land or structure.
4. Certificate not Required. In any case where a certificate of zoning compliance is not required under this chapter, the Zoning Officer will, upon written request, issue a certificate of such fact.
5. Relation to Other Applications. No application for a zoning variation, application for a special use permit, application for an amendment or application for approval of a planned development preliminary plan will be processed unless an application for a certificate of zoning compliance will first have been received, processed, and approved or denied solely on one or more grounds that form the basis for the application. It is the intent of this Section 9-6-3 that no application filed pursuant to this chapter with respect to a specific use or development proposal will be processed until the Zoning Officer is satisfied that the proposed use or development complies with the provisions of this title in all respects except those within the scope of such application.
6. Procedure.
a. Application. Applications for certificates of zoning compliance will be filed in accordance with the requirements of subsection 9-6-2
C.6.b of this chapter.
b. Action on Application. Within ten (10) days following receipt of a complete application for a certificate of zoning compliance, the Zoning Officer will cause the application and related submissions to be reviewed for compliance with this title and will inform the applicant whether the application has been granted or denied.
c. Application Granted; Contents of Certificate. In any case where an application is granted, the Zoning Officer will issue a certificate of zoning compliance that will state the specific use of the property for which it is issued; identify the specific plans, if any, pursuant to which it is issued; set forth any conditions imposed in connection with any approval granted pursuant to this chapter; and will read on its face:
THIS CERTIFICATE DOES NOT SIGNIFY BUILDING CODE REVIEW OR APPROVAL AND IS NOT AUTHORIZATION TO UNDERTAKE ANY WORK WITHOUT SUCH REVIEW AND APPROVAL WHERE EITHER IS REQUIRED. BEFORE ANY STRUCTURE TO WHICH THIS CERTIFICATE IS APPLICABLE MAY BE OCCUPIED OR USED FOR ANY PURPOSE, A CERTIFICATE OF OCCUPANCY MUST BE OBTAINED.
d. Application Denied. In any case where an application is denied, the Zoning Officer will state specific reasons therefor and will cite the specific provisions of this title upon which such denial is based.
(1) If relief from such denial would be available pursuant to a companion application filed in connection with the application for a certificate of zoning compliance, the Zoning Officer will inform the applicant and will promptly process such companion application. If the application is approved, the Zoning Officer will issue the requested certificate of zoning compliance in accordance with the terms and conditions of such approval.
(2) If relief from the Zoning Officer’s denial of a certificate of zoning compliance would be available by variation, special use permit or site plan review, but no application therefor has been filed, the Zoning Officer will so state and refer the applicant to the appropriate provisions of this title.
e. Filing of Certificates. Every certificate issued pursuant to this subsection will be kept on file with the Zoning Officer and will be a public record open to inspection in accordance with the provisions of the Freedom of Information Act, 5 ILCS 140/1 et seq., as amended.
7. Effect of Issuance of Certificate. The issuance of a certificate of zoning compliance will not authorize the establishment, expansion, or extension of any use nor the development, construction, relocation, alteration, or moving of building or structure, but will merely authorize the preparation, filing, and processing of applications for any additional permits and approvals that may be required by the codes and ordinances of the village, including, but not limited to, a building permit, a certificate of occupancy and subdivision approval.
8. Limitations on Certificates. Subject to an extension of time granted by the Zoning Officer pursuant to subsection 9-6-1
B.12. of this chapter, a certificate of zoning compliance will become null and void six (6) months after the date on which it was issued unless within such period construction, reconstruction, remodeling, alteration, or moving of a structure is commenced or a use is commenced.
9. Void Certificates. Any certificate of zoning compliance issued in violation of the provisions of this chapter, whether intentionally, negligently or innocently, will be void and confer no rights whatsoever.
B. Certificate of occupancy.
1. Authority. The Zoning Officer will have authority to issue certificates of occupancy; provided, however, that no such certificate will be issued except in accordance with the provisions of this subsection and the other relevant provisions of the Woodridge Village Code, including this title and title 8 governing development, building and related matters.
2. Purpose. For the purposes of this title, the certificate of occupancy provides a procedure for the inspection of completed premises to ensure their compliance with this title and approved plans prior to commencement of the use or occupancy of such premises. The certificate may also evidence compliance with other relevant provisions of this title and the Woodridge Village Code, as set forth in those provisions.
3. Certificate required. Unless a certificate of occupancy is obtained certifying compliance with the provisions of this title:
a. No structure, or addition thereto, constructed, reconstructed, remodeled, altered or moved after the effective date of this title will be occupied or used for any purpose; and
b. Except for changes involving only substitution of occupants in existing dwelling units, no use or occupancy of any land or structure will be changed to any other use or occupancy, whether or not construction, remodeling, alteration, or moving is involved.
4. Procedure.
a. Application. Where no certificate of zoning compliance is required, applications for certificates of occupancy will be filed in accordance with the requirements of subsection 9-6-2
C.6.b. of this chapter.
b. Where a certificate of zoning compliance has been issued, the application for that certificate will also be treated as the application for a certificate of occupancy and will be processed as such at such time as the applicant or village inspector notifies the Zoning Officer that the subject structure or use is ready for a certificate of occupancy in accordance with the certificate of zoning compliance.
c. Action on application. Within ten (10) days following the receipt of a complete application, the Zoning Officer will cause the subject structure or premises to be inspected and will take the following actions based on the inspection:
(1) If all work has been completed and the structure and use thereof are in full and complete compliance with all applicable provisions of this title, other relevant codes and ordinances of the village, the applicant’s plans as approved and any conditions attached to any approval issued pursuant to this chapter, the Zoning Officer will issue a certificate of occupancy.
(2) If, however, all work is not complete or is in any manner not in full compliance with all applicable requirements, the Zoning Officer will deny the application and inform the applicant in writing of the specific deficiencies on which the denial is based, citing the particular provisions of the codes and ordinances of the village, the particular items in the applicant’s plans or the applicable special approval conditions with respect to which compliance is lacking.
d. Contents of certificates. In addition to the matters required to be contained in a certificate of occupancy pursuant to other applicable provisions of the Woodridge Village Code, each certificate of occupancy issued pursuant to this subsection will state the specific use of the subject property for which it is issued; identify the specific plans, if any, pursuant to which it is issued and set forth any conditions imposed in connection with any approval granted pursuant to this chapter.
e. Filing of certificates. Every certificate issued pursuant to this subsection will be kept on file with the Zoning Officer and will be a public record open to inspection pursuant to the provisions of the Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., as amended.
5. Temporary certificate of occupancy. Notwithstanding the provisions of subsection 9-6-3
B.3. above, where construction, reconstruction, remodeling or alteration of a structure does not require the vacating of the structure, or where parts of the structure are finished and ready for occupancy before the completion of such construction, reconstruction, remodeling or alteration and are certified upon inspection to be safe for use or occupancy and to be in full compliance with all applicable provisions of this title, other relevant codes and ordinances of the village, the applicant’s plans as approved and any conditions attached to any approvals issued pursuant to this chapter with respect to such structure or its premises, a temporary certificate of occupancy may be issued for a period not to exceed six (6) months from its date, which temporary certificate will bear on its face, in bold type, a statement of its temporary nature; provided, however, that no such certificate will be issued except in accordance with the provisions of this subsection and the other relevant provisions of the Woodridge Village Code, including this title and title 8 governing development, building and related matters.
6. Certificate of occupancy for existing uses. The Zoning Officer may issue a certificate of occupancy certifying the lawful existence and use of any existing structure or use in the same manner, and subject to the same standards and limitations, as authorized by this subsection with respect to new structures and uses. The certificate will be prima facie evidence of the facts contained in it with respect to any structure or use as of the date of its issue and remain effective for that purpose for so long as neither the use or structure nor the applicable provisions of this title are changed.
7. Certificate of occupancy for legal nonconformities. The Zoning Officer may issue a certificate of occupancy certifying the lawful existence and use of any nonconforming use, structure, lot or sign in the same manner, and subject to the same standards and limitations, as authorized by this subsection with respect to new structures and uses.
8. Void certificates. Any certificate of occupancy issued in violation of the provisions of this chapter, whether intentionally, negligently, or innocently, will be void ab initio and will confer no rights whatsoever. (Ord. 2024-6, 3-7-2024)
9-6-4: INTERPRETATIONS, APPEALS AND VARIATIONS:
A. Interpretations.
1. Authority. The Zoning Officer may, subject to the procedures, standards and limitations of this Section, render interpretations, including use interpretations, of the provisions of this title and of any rule or regulation issued pursuant to it.
2. Purpose. The interpretation authority established by this section is intended to recognize that the provisions of this title though detailed and lengthy, cannot possibly address every specific situation to which they may have to be applied. Many such situations can, however, be readily addressed by an interpretation of the specific provisions of this title in light of the general and specific purposes for which those provisions have been enacted. Because the interpretation authority of this title is an administrative rather than a legislative authority, it is not intended to add to or change the essential content of this title but, rather, it is intended only to allow authoritative application of that content to specific cases.
3. Parties Entitled to Seek Interpretations. Applications for interpretations may be filed by any person having an interest in the circumstances giving rise to the need for an interpretation; provided, however, that interpretations will not be sought by any person based solely on hypothetical facts or where the interpretation would have no effect other than as an advisory opinion.
4. Procedure.
a. Application. Applications for interpretations of this title will be filed in accordance with the requirements of subsection 9-6-2
C.6.c. of this chapter.
b. Action on Application.
(1) Within thirty-five (35) days following the receipt of a properly completed application for interpretation, the Zoning Officer will inform the applicant in writing of their interpretation, stating the specific precedent, reasons and analysis upon which the determination is based.
(2) The failure of the Zoning Officer to act within thirty-five (35) days, or such further time to which the applicant can agree, will be deemed to be a decision denying the application rendered on the day following the thirty-five (35)-day period.
c. Appeal. Appeals from interpretations rendered by the Zoning Officer may be taken to the Plan Commission as provided in subsection 9-6-4
B. of this chapter.
5. Standards for Use Interpretations. The following standards govern the Zoning Officer, and the Plan Commission on appeals from the Zoning Officer, in issuing use interpretations:
a. Any use defined in this title will be strictly interpreted as therein defined.
b. No use interpretation will permit a use not already listed as a permitted or special use in the district proposed for that use.
c. No use interpretation will permit any use in any district unless evidence is presented that demonstrates that it will comply with each use limitation established for that particular district.
d. No use interpretation will permit any use in a particular district unless such use is substantially similar to other uses permitted in such district.
e. If the proposed use is most similar to a use permitted only as a special use in the district in which it is proposed to be located, then any use interpretation permitting such use will be conditioned on the issuance of a special use permit for such use pursuant to subsection 9-6-5
B. of this chapter.
f. No use interpretation will permit the establishment of any use that would be inconsistent with the statement of purpose of the district in question.
6. Effect of Favorable Use Interpretation. No use interpretation finding a particular use to be permitted or specially permitted in a particular district will authorize the establishment of that use nor the development, construction, reconstruction, alteration, or moving of any building or structure but will merely authorize the preparation, filing and processing of applications for any permits and approvals that may be required by the codes and ordinances of the village, including, but not limited to, a special use permit, a certificate of zoning compliance, certificate of occupancy, a building permit, subdivision approval, and site plan approval.
7. Limitations on Favorable Use Interpretations.
a. Subject to an extension of time granted by the Zoning Officer pursuant to subsection 9-6-1
B.12. of this chapter, no use interpretation finding a particular use to be permitted or specially permitted in a particular district will be valid for a period longer than six (6) months from the date of issue unless a building permit is issued, and construction is actually begun within that period and is diligently pursued to completion, or a certificate of occupancy is obtained and a use commenced within that period.
b. A use interpretation finding a particular use to be permitted or specially permitted in a particular district will be deemed to authorize only the particular use for which it was issued, and such permit will not be deemed to authorize any claimed similar use for which a separate use interpretation has not been issued. The permit will automatically expire and cease to be of any force or effect if the particular use for which it was issued will, for any reason, be discontinued for a period of six (6) consecutive months or more.
B. Appeals.
1. Authority. The Plan Commission will hear and decide appeals from, and review orders, decisions, determinations, or the failure to act, of the Zoning Officer acting pursuant to their authority and duties under this title and to that end the Plan Commission will have the same powers and be subject to the same standards and limitations as the Zoning Officer with respect to any order, decision or determination being appealed. When considering and acting on appeals, the Plan Commission will be considered a zoning Board of appeals, and possess the statutory powers and limitations set forth in Section 11-13-3 and Section 11-13-12 of the Illinois Municipal Code, 65 ILCS 5/11-13-3 and 65 ILCS 5/11-13-12, as amended.
2. Purpose. The appeal procedure is provided as a safeguard against arbitrary, ill-considered, or erroneous administrative decisions. It is intended to avoid the need for resort to legal action by providing a local procedure for the review and correction of administrative errors. It is not, however, intended as a means to subvert the clear purposes, intent or meaning of this title or the rightful authority of the Zoning Officer to enforce this title. To these ends, the Plan Commission will give all proper deference to the spirit and language of this title and to the reasonable interpretations of those charged with its administration.
3. Parties Entitled to Appeal. An application for appeal to the Plan Commission may be filed by any person aggrieved or adversely affected by an order, decision, determination, or failure to act of the Zoning Officer acting pursuant to their authority and duties under this title.
4. Procedure.
a. Application. An application for appeal to the Plan Commission will be filed not later than forty-five (45) days following the action being appealed and in accordance with the requirements of subsection 9-6-2
C.6.d. of this chapter.
b. Action by Zoning Officer. Upon receipt of a properly completed application for an appeal, the Zoning Officer will transmit to the Plan Commission the application together with all papers constituting the record upon which the action appealed from was taken.
c. Public Hearing. The Zoning Officer will provide notice and the Plan Commission will conduct a public hearing in accordance with subsection 9-6-2
E. of this chapter.
d. Action by Plan Commission.
(1) Within thirty-five (35) days following the close of the public hearing, the Plan Commission will render a decision on the appeal in the manner and form specified in subsection 9-6-1
C.2.d. of this chapter. The decision may reverse, affirm, or modify, in whole or in part, the action appealed from and may include such order or determination as, in the opinion of the Plan Commission, is proper to be made in the premises.
(2) The failure of the Plan Commission to act within thirty-five (35) days, or such further time to which the applicant may agree, will be deemed to be a decision denying the appeal.
5. Stay of Proceedings. An application for appeal properly filed pursuant to subsection 9-6-4
B.4.a. above will stay all proceedings in the action appealed from, unless the Zoning Officer submits a certificate to the Plan Commission supported by facts that a stay would, in the Zoning Officer’s opinion, cause imminent peril to life or property. In that case, the applicant may request a restraining order from the Plan Commission or the circuit court to stay the proceedings, which may be granted upon reasonable written notice to the Zoning Officer and on due cause shown.
6. Right to Grant Variation in Deciding Appeals. In any case where the application for appeal is accompanied by an application for variation in accordance with subsection 9-6-2
C.6.e., the Plan Commission will have the authority to grant, as part of the relief, a variation but only in strict compliance with each provision of subsection 9-6-4
C.
7. Conditions and Limitations on Rights Granted by Appeal. In any case where this title imposes conditions and limitations upon any right, any such right granted by the Plan Commission on appeal will be subject to such conditions and limitations in the same manner and to the same extent as if secured without the necessity of an appeal.
C. Variations.
1. Authority. The Village Board will have the authority to grant variations from the provisions of this title, by ordinance duly adopted, and only in compliance with the procedures set forth in this subsection 9-6-4
C. and in those specific instances enumerated in subsection 9-6-4
C.5. and then only in accordance with each of the standards enumerated in subsection 9-6-4
C.6.
2. Purpose. The variation procedure is intended to provide a narrowly circumscribed means by which relief may be granted from unforeseen particular applications of this title that create practical difficulties or particular hardships. When such difficulties or hardships are more appropriate for remedy, if at all, pursuant to other provisions of this chapter, the variation procedure is inappropriate.
3. Parties Entitled to Seek Variations. Applications for variations may be filed by the owner of, or any person having a contractual interest in, the subject property.
4. Procedure.
a. Application. Applications for variations will be filed in accordance with the requirements of subsection 9-6-2
C.6.e. of this chapter.
b. Public Hearing. The Zoning Officer will provide notice and the Plan Commission will conduct a public hearing in accordance with subsection 9-6-2
E. of this chapter.
c. Action by Plan Commission.
(1) Within thirty-five (35) days following the close of the public hearing, the Plan Commission will render its recommendations granting or denying the variation, in the manner and form specified by subsection 9-6-1
C.2.d. of this chapter.
(2) The failure of the Plan Commission to act within thirty-five (35) days, or such further time to which the applicant may agree, will be deemed to be a decision to recommend denial of the variation.
(3) When considering and acting on variations, the Plan Commission will be considered a zoning Board of appeals, and possess the statutory powers and limitations set forth in Section 11-13-3 and Section 11-13-5 of the Illinois Municipal Code, 65 ILCS 5/11-13-3 and 65 ILCS 5/11-13-5, as amended.
d. Action by Village Board. Within sixty (60) days following the receipt of the recommendation of the Plan Commission, or its failure to act as above provided, the Village Board will either deny the application or, by ordinance duly adopted, will grant the variation, with or without modifications and conditions.
5. Authorized Variations.
a. Permitted Variations. Subject to the prohibitions set forth in subsection 9-6-4
C.5.b. below, and subject to the other provisions of this section, the Plan Commission may only consider and recommend the following variations:
(1) To vary the applicable lot area, lot width, and lot depth requirements, subject to the following limitations:
(a) The minimum lot width and lot depth requirements shall not be reduced more than fifty percent (50%).
(b) The minimum lot area for a single-family or two-family dwelling shall not be reduced more than forty-five percent (45%).
(c) The minimum lot area per dwelling unit required for multiple-family dwellings shall not be reduced so as to permit more dwelling units than would be permitted by strict application of minimum lot area requirements.
(2) To vary applicable bulk regulations, including maximum height, lot coverage, and floor area ratio and minimum yard requirements.
(3) To vary applicable off-street parking and off-street loading requirements.
(4) To vary regulations relating to restoration of damaged or destroyed nonconforming structures.
(5) To vary the regulations relating to signs.
(6) To vary the regulations relating to fences.
b. Prohibited Variations. Notwithstanding any other provision of subsection 9-6-4
C, no variation will be granted that:
(1) Is intended as a temporary measure only; or
(2) Is greater than the minimum variation necessary to relieve the particular hardship or practical difficulty demonstrated by the applicant.
6. Standards for Variations.
a. General Standard. No variation will be granted pursuant to this subsection 9-6-4
C. unless the applicant establishes that carrying out the strict letter of the provisions of this title would create a particular hardship or a practical difficultly. Such a showing will require proof that the variation being sought satisfies each of the standards set forth in this subsection.
b. Unique Physical Condition. The subject property is exceptional as compared to other lots subject to the same provision by reason of a unique physical condition, including presence of an existing use, structure, or sign, whether conforming or nonconforming; irregular or substandard shape or size; exceptional topographical features; or other extraordinary physical conditions peculiar to and inherent in the subject property that amount to more than a mere inconvenience to the owner and that relate to or arise out of the lot rather than the personal situation of the current owner of the lot.
c. Not Self-Created. The aforesaid unique physical condition is not the result of any action or inaction of the owner or their predecessors in title and existed at the time of the enactment of the provisions from which a variation is sought or was created by natural forces or was the result of governmental action, other than the adoption of this title, for which no compensation was paid.
d. Denied Substantial Rights. The carrying out of the strict letter of the provision from which a variation is sought would deprive the owner of the subject property of substantial rights commonly enjoyed by owners of other lots subject to the same provision.
e. Not Merely Special Privilege. The alleged hardship or difficulty is not merely the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision, nor merely an inability to make more money from the sale of the subject property; provided, however, that where the standards herein set out exist, the existence of an economic hardship will not be a prerequisite to the grant of an authorized variation.
f. Code and Plan Purposes. The variation would not result in a use or development of the subject property that would not be in harmony with the general and specific purposes for which this title and the provision from which a variation is sought were enacted or the general purpose and intent of the comprehensive plan.
g. Essential Character of the Area. The variation would not result in a use or development on the subject property that:
(1) Would be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development value of property or improvements permitted in the vicinity;
(2) Would materially impair an adequate supply of light and air to the properties and improvements in the vicinity;
(3) Would substantially increase congestion in the public streets due to traffic or parking;
(4) Would unduly increase the danger of flood or fire;
(5) Would unduly tax public utilities and facilities in the area; or
(6) Would endanger the public health and safety.
h. No Other Remedy. There is no means other than the requested variation by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject property.
7. Variation Less Than Requested. A variation less than or different from that requested may be granted when the record supports the applicant’s right to some relief but not to the relief requested.
8. Conditions on Variations. The Plan Commission may recommend and the Village Board may impose such specific conditions and limitations concerning use, construction, character, location, landscaping, screening and other matters relating to the purposes and objectives of this title upon the premises benefitted by a variation as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services. Such conditions will be expressly set forth in the recommendation or ordinance granting the variation. Violation of any such condition or limitation will be a violation of this title and will constitute grounds for revocation of the variation.
9. Affidavit of Compliance with Conditions; Fee. Whenever any variation authorized pursuant to subsection 9-6-4
C.5. is made subject to conditions and limitations to be met by the applicant, the applicant will upon meeting such conditions file an affidavit with the Zoning Officer so stating. Such affidavit will be accompanied by a non-refundable fee, to be fixed in each case by the Zoning Officer, to recover the village’s actual direct cost of an inspection to verify that such conditions and limitations have been met.
10. Effect of Grant of Variation. The grant of a variation will not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure but will merely authorize the preparation, filing, and processing of applications for any permits and approval that may be required by the codes and ordinances of the village, including, but not limited to, a certificate of zoning compliance, a building permit, a certificate of occupancy, subdivision approval, and site plan approval.
11. Limitations on Variations.
a. Subject to an extension of time granted by the Zoning Officer or Village Board pursuant to subsection 9-6-1
B.12. of this chapter, no variation from the provisions of this title will be valid for a period longer than one hundred and eighty (180) days, and no variation from the provisions of this title that is granted concurrently with a special use permit will be valid for a period longer than one year, unless a building permit application is submitted within that period and is diligently pursued to completion or unless a certificate of occupancy is issued and a use is commenced within that period.
b. A variation will be deemed to authorize only the particular construction or development for which it was issued and will automatically expire and cease to be of any force or effect if such construction or development will be removed and not replaced within six (6) months following such removal.
D. Administrative Variations.
1. Authority.
a. The Zoning Officer will have the authority to grant administrative variations from the provisions of this title pertaining to:
(1) Dimensional zoning relief related to setbacks and height; and
(2) Off-street parking requirements.
b. Administrative variations will only be permitted where the requested relief does not exceed a five percent (5%) reduction of the required dimensional or parking regulation. Administrative variations will only be granted by the Zoning Officer in compliance with the procedures set forth in this subsection 9-6-4
D.
2. Purpose. The administrative variation procedure is intended to provide a narrowly tailored and streamlined process to grant minimal variations resulting from unforeseen particular applications of this title that create practical difficulties or particular hardships. When such difficulties or hardships are more appropriate for remedy, if at all, pursuant to other provisions of this chapter, the administrative variation procedure is inappropriate.
3. Parties Entitled to Seek Administrative Variations. Applications for administrative variations may be filed by the owner of, or any person having a contractual interest in, the subject property.
4. Procedure.
a. Application. Applications for administrative variations will be filed in accordance with the requirements of subsection 9-6-2
C.6.f. of this chapter.
b. Application Notification. Upon receipt of a complete application conforming to the requirements set forth in subsection 9-6-4
D.4.a., the Zoning Officer will review the application within thirty (30) days and notify the applicant via mail of their decision. If an application for an administrative variation is denied, the Zoning Officer will explain the reasons for the denial and advise the applicant that he or she may petition for a variation pursuant to subsection 9-6-4
C. of this chapter.
c. Adjoining Property Owner Objection. In the event that an immediately adjoining property owner objects to the administrative variation, the application for an administrative variation will be subject to the requirements for a public hearing for a variation with the Plan Commission, as set forth in subsection 9-6-4
C.4.b.
d. Approval. If the Zoning Officer finds the variation request to meet the standards contained in this section, the Zoning Officer will:
(1) Notify the applicant via first class mail;
(2) Notify the Village Board; and
(3) Record or cause to be recorded the variation with the county recorder of deeds for the subject property. The applicant will bear all costs of recording the administrative variation.
5. Standards for Administrative Variations. Administrative variations will only be granted when the request is consistent with the general purpose and intent of this title and the applicant has demonstrated in writing the satisfaction of the following three (3) standards:
a. Hardship or Unintentional Human Error. That a particular hardship or practical difficulty exists that is unique to the subject property and does not apply generally to properties in the zoning district, and that the strict enforcement of the zoning requirement deprives the applicant of the reasonable use of the property.
b. Prohibitions. That the granting of the variation will not:
(1) Impair an adequate supply of light and air to the adjacent property;
(2) Increase the hazard from fire or other dangers to said property;
(3) Diminish the value of land and buildings in the immediate neighborhood;
(4) Unduly increase traffic congestion in the public streets and highways;
(5) Increase the potential for flood damages to adjacent property; or
(6) Otherwise impair the public health, safety, comfort, morals or general welfare of the inhabitants of the village.
c. Essential Character of the Neighborhood. That the granting of the variation will be in harmony with the essential character of the neighborhood. (Ord. 2024-6, 3-7-2024)
9-6-5: AMENDMENTS, SPECIAL USE, AND PLANNED UNIT DEVELOPMENTS:
A. Amendments.
1. Authority. The Plan Commission may recommend, and the Village Board may approve by duly enacted ordinance, amendments to this title and the zoning map in accordance with the procedures set out in this subsection 9-6-5
A.
2. Purpose. The amendment process established by this subsection 9-6-5
A. is intended to provide a means for making changes to the text of this title and on the zoning map that have more or less general significance or application. It is not intended to relieve particular hardships or to confer special privileges or rights. Rather, it is intended as a tool to adjust the provisions of this title and zoning map in light of changing, newly discovered, or newly imp rtant conditions, situations, or knowledge.
3. Parties Entitled to Seek Amendments. An application for an amendment may be filed by the Village Board, the Plan Commission, the Zoning Officer, the owner of, or any person having a contractual interest in, any property to be affected by a proposed amendment to the zoning map, or any person interested in a proposed amendment to the text of this title.
4. Procedure.
b. Referral. Every properly filed and completed application for an amendment to this title or the zoning map will be referred by the Zoning Officer to the Plan Commission.
c. Public Hearing. In any case where an application for an amendment to this title or the zoning map is referred by the Zoning Officer, the Zoning Officer will provide notice and the Plan Commission will conduct a public hearing in accordance with subsection 9-6-2
E. of this chapter.
d. Action by Plan Commission.
(1) Within twenty-one (21) days following the conclusion of the public hearing, the Plan Commission will transmit to the Village Board its recommendation in the form specified by subsection 9-6-1
C.2.d. of this Chapter.
(2) The failure of the Plan Commission to act within twenty-one (21) days following the conclusion of such hearing, or such further time to which the applicant may agree, will be deemed a recommendation for the approval of the proposed amendment as submitted.
5. Action by Village Board; Protest.
a. Within sixty (60) days following the receipt of the recommendation of the Plan Commission, or its failure to act as above provided, the Village Board will either deny the application or, by ordinance duly adopted, adopt the proposed amendment, with or without modifications; provided, however, that in the event a duly signed and acknowledged protest against a proposed amendment is filed with the village clerk before the adoption of such amendment by the owners of twenty percent (20%) or more of the frontage to be affected by the proposed amendment, or by the owners of twenty percent (20%) or more of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) or more of the frontage directly opposite the frontage to be affected, such amendment will not be passed except by a two-thirds vote of the Village Board.
b. The failure of the Village Board to act within sixty (60) days or such further time to which the applicant may agree, will be deemed to be a decision denying the application.
6. Standard for Amendments. The wisdom of amending the zoning map or the text of this title is a matter committed to the legislative discretion of the Village Board and is not dictated by any set standard. However, in determining whether a proposed amendment should be granted or denied, the Village Board will be guided by the principle that its power to amend the zoning map or this title is not an arbitrary one but one that may be exercised only when the public good demands or requires the amendment to be made. In considering whether that principle is satisfied in any particular case, the Village Board will weigh the factors that subsection 9-6-2
C.6.g. or 9-6-2
C.6.i. requires the applicant to address.
B. Special Use Permits.
1. Authority. The Village Board may, in accordance with the procedures and standards set out in this subsection and by ordinance duly adopted, grant special use permits authorizing the development of uses listed as special uses in the regulations applicable to the district in which the subject property is located.
2. Purpose. Special uses are those uses having some special impact or uniqueness that require a careful review of their location, design, configuration and special impact to determine, against fixed standards, the desirability of permitting their establishment on any given site. They are uses that may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect.
3. Parties Entitled to Seek Special Use Permits. An application for a special use permit may be filed by the owner of, or any person having a contractual interest in, the subject property.
4. Procedure.
a. Optional Pre-application Meeting. Potential special use permit applicants may, but are not required, to request a pre-application meeting with the Zoning Officer or the Village Board. The purpose of a pre-application meeting is to enable the potential applicant to present a development concept before investing significant time and resources for an application submittal under this title and obtain feedback from the Zoning Officer or Village Board on any possible issues or areas of concern. The pre-application meeting is optional and non-binding and does not commit the applicant, the Zoning Officer, Plan Commission, Village Board, or any other department, commission, Board, or other official of the village in any way whatsoever. The applicant may use the information from a pre-application meeting to prepare their application, but each application will be reviewed, and all recommendation and decisions will be conducted in accordance with the terms of this title.
b. Application. An application for a special use permit will be filed in accordance with the requirements of subsection 9-6-2
C.6.h. of this chapter.
c. Referral. Every properly filed and completed application for a special use permit will be referred by the Zoning Officer to the Plan Commission.
d. Public Hearing. In any case where an application for a special use permit is referred to the Plan Commission, the Zoning Officer will provide notice and the Plan Commission will conduct a public hearing in accordance with subsection 9-6-2
E. of this chapter.
e. Action by Plan Commission.
(1) Within twenty-one (21) days following conclusion of the public hearing, the Plan Commission will transmit to the Village Board its recommendation in a form specified by subsection 9-6-1
C.2.d of this chapter, recommending either granting the application for a special use permit; granting the application subject to conditions, as specified in subsection 9-6-5
B.6. below; or denying the application.
(2) The failure of the Plan Commission to act within twenty-one (21) days, or such further time to which the applicant may agree, will be deemed a recommendation for the approval of the proposed special use permit.
f. Action by Village Board. Within sixty (60) days following the receipt of the recommendation of the Plan Commission, or its failure to act as above provided, the Village Board will either deny the application or, by ordinance duly adopted, will grant the special use permit, with or without conditions.
g. Approval by Village Board After Recommendation to Deny. In the event the Plan Commission recommends denial of a special use permit, the Village Board may approve the special use permit, by ordinance duly adopted, upon their favorable majority vote.)
5. Standards for Special Use Permits.
a. General Standards. No special use permit will be recommended or granted pursuant to this subsection unless the applicant establishes that:
(1) Code and Plan Purposes. The proposed use and development will be in harmony with the general and specific purposes for which this title was enacted and for which the regulations of the district in question were established and with the general purpose and intent of the comprehensive plan.
(2) No Undue Adverse Impact. The proposed use, drainage, and development will not have a substantial or undue adverse effect upon adjacent property, the character of the area, or the public health, safety, and general welfare.
(3) No Interference with Surrounding Development. The proposed use and development will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the use and development of neighboring property in accordance with the applicable district regulations.
(4) Adequate Public Facilities. The proposed use and development will be served adequately by essential public facilities and services such as streets, public utilities, drainage structures, police and fire protection, refuse disposal, parks, libraries, and schools, or the applicant will provide adequately for such services.
(5) No Traffic Congestion. The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets.
(6) No Destruction of Significant Features. The proposed use and development will not result in the destruction, loss or damage of natural, scenic, or historic features of significant importance.
(7) Compliance with Standards. The proposed use and development complies with all additional standards imposed on it by the particular provision of this title authorizing such use.
(8) Public Benefit. Whether, and to what extent, the proposed use and development at the particular location requested is necessary or desirable to provide a service or a facility that is in the interest of the public convenience or that will contribute to the general welfare of the neighborhood or community.
(9) Mitigation of Adverse Impacts. Whether, and to what extent, all steps possible have been taken to minimize any adverse effects of the proposed use and development on the immediate vicinity through building design, site design, landscaping, and screening.
b. Special Standards for Specified Special Uses. Where the district regulations authorizing any special use in a particular district impose special standards to be met by such use in such district, a permit for such use in such district will not be recommended or granted unless the applicant will establish compliance with such special standards.
6. Conditions; Periodic Review; Term.
a. Conditions on Special Use Permits. In order to prevent or minimize substantial or undue adverse effects upon neighboring and adjacent properties and improvements, substantial or undue or upon public facilities and services, the Plan Commission may recommend, and the Village Board may impose, and expressly include in the ordinance granting a special use permit, conditions and limitations upon the premises benefitted by a special use permit. Such conditions, restrictions, and limitations may include, without limitation, the following:
(1) Limitations and restrictions of the use of the subject property;
(2) Restrictions on construction activity that will occur on and around the subject property;
(3) Conditions concerning the character and design of the proposed use and development;
(4) The location of the use within the subject property;
(5) The provision of landscaping and screening, with specific regarding to design, quantity, quality, size and location;
(6) Restrictions on the hours of operation of the use;
(7) A requirement that the subject property be developed and used in strict accordance with a site plan that is attached to the ordinance granting the special use permit; and
(8) Any other matters relating to the purposes and objectives of this title.
b. Violation of Conditions. Violation of any of the conditions imposed pursuant to subsection 9-6-5
B.6. of this chapter will be a violation of this title and will constitute grounds for revocation of the special use permit.
c. Periodic Review. The Plan Commission may recommend, and the Village Board may impose, a requirement that the special use permit be publicly reviewed periodically pursuant to and in accordance with such procedures as are set forth in the ordinance granting the special use permit. In every instance, such procedures will provide the applicant with advance notice of, and an opportunity to be heard at, such periodic review.
d. Term of Special Use Permit. Because of the unique operational nature, and potential unknown adverse impacts, of certain special uses, the Plan Commission may recommend, and the Village Board may impose, a term limitation on the duration of certain special uses. Such term limitation will:
(1) Be set forth in the ordinance granting the special use permit; and
7. Affidavit of Compliance with Conditions. Whenever any special use permit granted pursuant to this subsection is made subject to conditions or limitations to be met by the applicant, the applicant will, upon meeting such conditions, file an affidavit with the Zoning Officer so stating. Such affidavit will be accompanied by a nonrefundable fee, to be fixed in each case by the Zoning Officer, to recover the village’s actual direct cost of an inspection to verify that such conditions and limitations have been met.
8. Effect of Issuance of a Special Use Permit. The granting of a special use permit will not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but will merely authorize the preparation, filing, and processing of applications for any permits or approvals that may be required by the codes and ordinances of the village, including but not limited to, a certificate of zoning compliance, a building permit, a certificate of occupancy and subdivision approval.
9. Limitations on Special Use Permits. Subject to an extension of time granted by the Zoning Officer pursuant to subsection 9-6-1
B.12. of this chapter, no special use permit will be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a certificate of occupancy is issued and a use commenced within that period. A special use permit will be deemed to authorize only the particular use for which it was issued, and such permit will automatically expire and cease to be of any force or effect if such use will, for any reason, be discontinued for a period of six (6) consecutive months or more. Except when otherwise provided in the ordinance granting a special use permit, a special use permit will be deemed to relate to, and be for the benefit of, the current owner or operator of the use or lot in question rather than to the lot itself.
10. Amendments to Special Use Permits. A special use permit may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this subsection 9-6-5
B. for its original approval.
11. Renewal of Special Use Permits. The Village Board may, in accordance with the procedures and standards set out in this subsection 9-6-5
B.11., consider requests for renewal of special use permits that have been term limited pursuant to subsection 9-6-5
B.6.d.. An application for the renewal of a special use permit must be filed by the party to whom a special use permit was granted, or a permitted successor thereto or assignee thereof, and must be filed prior to the date on which the term of the special use permit is scheduled to expire. The Village Board may consider such request at a public hearing following notice pursuant to subsection 9-6-2
E. of this chapter. The Village Board may, but will have no obligation to, seek the recommendation of the Plan Commission prior to such consideration. In the event that the party requesting a renewal demonstrates, to the satisfaction of the Village Board, that the standards and circumstances under which the special use permit was originally approved have not materially changed, then the Village Board will, by ordinance duly adopted, renew the special use permit for the same period of time for which the special use permit was first valid. In the event that the Village Board determines that the standards and circumstances under which the special use permit was originally approved have materially changed, the Village Board will have no obligation to renew the special use permit, or may do so with additional conditions.
C. Planned Unit Developments.
1. Authority. The Village Board may, in accordance with the procedures and standards set out in this section, and by ordinance duly adopted, grant special use permits authorizing the development of planned developments, but only in the districts where such developments are listed as an authorized special use.
2. Purpose. Planned developments are included in this title as a distinct category of special use. As such, they are authorized for the same general purposes as all other special uses. The planned development is intended to allow the relaxation of otherwise applicable substantive requirements of this title based upon procedural protections providing for detailed review of individual proposals for significant developments. This special regulatory approach is included in this title in recognition of the fact that traditional regulations, which may be useful in protecting the character of substantially developed and stable areas, may impose inappropriate regulations and rigidities upon the development or redevelopment of parcels or areas that lend themselves to an individual, planned approach. Through the flexibility of the planned development technique, the village seeks to achieve the following specific objectives:
a. Creation of a more desirable environment than would be possible through strict application of other village land use regulations.
b. Promotion of a creative approach to the use of land and related physical facilities resulting in better design and development, including aesthetic amenities.
c. Preservation and enhancement of desirable site characteristics such as natural topography, vegetation, and geologic features, and the prevention of soil erosion.
d. Combination and coordination of architectural styles, building forms, and building relationships.
e. Provision for the preservation and beneficial use of open space.
f. An increase in the amount of open space over that which would result from the application of conventional subdivision and zoning regulations.
g. Encouragement of land uses that promote the public health, safety, and general welfare.
3. Parties Entitled to Seek Planned Development Approval. An application for special use for a planned development may be filed by the owner of, or any person having a contractual interest in, the subject property.
4. Procedure.
a. Informal Review: To initiate the planned development process for developments greater than five (5) acres, the owner or developer will meet with village staff for an informal review of the potential development, its compliance with the village’s Comprehensive Plan and development ordinances, appropriateness for the site and surrounding areas, the approval process, and related matters.
The owner or developer of proposed planned developments of five acres or less may request an optional informal review. This informal review does not require formal application, fee, or filing of a planned development plan. To make the discussion productive, prospective applicants are advised to provide information describing the land use, property size, and character of the anticipated development.
b. Village Board Pre-Application Review: Prior to the applicant filing for planned development consideration for developments greater than five (5) acres, a pre-application review meeting shall be held with the Village Board as an agenda item of a regularly scheduled meeting. The owner or developer of proposed planned developments of five (5) acres or less may request an optional pre-application review. This meeting is to benefit the applicant and provide insights and understanding as to the Village Board’s overall perspective on how the proposed planned development adheres to the village’s Comprehensive Plan, what information will be useful to the Village Board as part of the formal approval process, and what issues the Village Board notes merit consideration during the process. This information will allow the applicant to prepare necessary and appropriately detailed information for the development pre-application plan approval. The following materials shall be provided to the village prior to scheduling and conducting the Village Board pre-application review, as well as other materials that may be required by the Zoning Officer as needed to provide useful background for the Village Board:
(1) General Site Information: Data regarding site conditions, drainage, land and soil characteristics, available community facilities and utilities, existing covenants, and other related information.
(2) Sketch Plan: A scaled drawing in sketch form showing the proposed location and extent of the land uses, major streets, lots, environmental areas, stormwater management facilities, and other features as needed to convey the proposed form of development.
(3) Property Survey: A property survey and description of the site proposed for development.
(4) Proof of Ownership or Interest: Evidence of property ownership or control.
(5) Any views expressed in the course of the Village Board’s pre-application review is only advisory and only the individual views of the member expressing them. Nothing said or done in the course of the pre-application review will be deemed to create, or to prejudice, any rights of the applicant or to obligate the Plan Commission, or any member of it, to recommend approval or denial of any formal application following full consideration as required by this chapter.
c. Technical Review: A formal meeting to review proposed planned developments greater than five acres will be held with village staff for preliminary consideration of the proposed development in light of the requirements of this title and the village code. The owner or developer of proposed planned developments of five (5) acres or less may request an optional technical review. Materials required prior to scheduling and conducting the technical review, shall be the same as the Plan Commission pre-application review, as well as other materials that may be required by the Zoning Officer as needed to provide useful background for the review team.
d. Development Preliminary Plan:
(1) Purpose. The development preliminary plan is intended to provide the applicant an opportunity to submit a plan showing the basic scope, character, and nature of the entire proposed planned development without incurring undue cost. The development preliminary plan is the basis on which the required public hearing is held, thus permitting public consideration of the proposal at the earliest possible stage. In order to permit the village and the applicant to proceed with some assurance, approval of the development preliminary plan binds the applicant and the village with respect to the following basic elements of development:
(a) Categories of uses to be permitted;
(b) General location of residential and nonresidential land uses;
(c) Overall maximum density of residential uses and intensity of nonresidential uses;
(d) General architectural style of the proposed development;
(e) General location and extent of public and private open space, including recreational amenities;
(f) General location of vehicular and pedestrian circulation systems;
(g) Staging of development; and
(h) Nature, scope, and extent of public dedications, improvements, or contributions to be provided by the applicant.
(2) Application. Subsequent to the technical review, as set forth in subsection 9-6-5
C.4.c. of this chapter, but in no event more than six (6) months thereafter, a formal application for approval of a development preliminary plan shall be filed on applications as established by subsection 9-6-2
C, and subsections 9-6-2
C.6.j.
(3) Public Hearing. The Zoning Officer will provide notice and the Plan Commission will conduct a public hearing in accordance with subsection 9-6-2
E. of this chapter.
(4) Action by Plan Commission. Within thirty-five (35) days following the conclusion of the public hearing, the Plan Commission will transmit to the Village Board its recommendation, in the form specified by subsection 9-6-1
C.2.d. of this chapter that the development preliminary plan either be approved, be approved subject to modifications, or not be approved. The failure of the Plan Commission to act within thirty-five (35) days, or such further time to which the applicant may agree, shall be deemed a recommendation for the approval of the development preliminary plan as submitted.
(5) Action by Village Board. Within thirty-five (35) days following the receipt of the recommendation of the Plan Commission, or its failure to act as above provided, the Village Board will either deny the application for approval of the development preliminary plan; remand it back to the Plan Commission for further consideration of specified matter; or shall, by resolution duly adopted, approve the development preliminary plan, with or without modifications and conditions to be accepted by the applicant as a condition of such approval, and refer the matter to the Plan Commission for processing of the final plan. The failure of the Village Board to act within thirty-five (35) days, or such further time to which the applicant may agree, shall be deemed to be a decision denying approval of the development preliminary plan.
(6) Coordination with Subdivision Regulations Ordinance. When a subdivision of land subject to the provisions of title 10 of the village code is proposed in connection with a planned development, review of the preliminary plat of the proposed subdivision shall be carried out simultaneously with review of the development preliminary plan.
(7) Optional Submission of Final Plan. The applicant may, at their option, submit a final plan for the proposed planned development pursuant to the requirements of subsection 9-6-5
C.4.e. of this chapter simultaneously with the submission of the development preliminary plan. In such case, the applicant will comply with all provisions of this code applicable to submission of the development preliminary plan and to submission of the final plan. The Plan Commission and the Village Board will consider the development preliminary plan and final plan simultaneously and grant or deny final plan approval in accordance with the provisions of subsection 9-6-5
C.4.e. of this chapter.
e. Final Plan.
(1) Purpose. The final plan is intended to particularize, refine, and implement the development preliminary plan and to serve as a complete, thorough, and permanent public record of the planned development and the manner in which it is to be developed.
(2) Application. Subsequent to approval of the development preliminary plan, but in no event later than twelve (12)-months after approval of the development preliminary plan, the applicant shall file an application for final plan approval in accordance with the requirements of subsection 9-6-2
C.6.k. of this title. The application shall refine, implement, and be in substantial conformity with the approved development preliminary plan.
(3) Public Meeting. The Zoning Officer will provide notice and the Plan Commission will conduct a public meeting in accordance with subsection 9-6-2
E.2.
(4) Coordination with Subdivision Ordinance. When a subdivision of land subject to title 10 of the village code is proposed in connection with a planned development, review of the final plat of the proposed subdivision shall be carried out simultaneously with review of the final plan.
(5) Phasing of Final Plan Approval. An application for final plan approval may include the entire area included in the approved development preliminary plan or one or more phases, stages, or units thereof; provided, however, that the following matters must be addressed and provide in the first phase, stage, or unit submitted for final plan approval:
(a) All public improvements required or proposed for the entire area included in the approved development preliminary plan.
(b) All open space required or proposed for the entire area included in the approved development preliminary plan.
(c) All land dedications required or proposed for the entire area included in the approved development preliminary plan.
(d) The payment of all fees required by this title and other titles of the village code.
(6) Action by Plan Commission.
(a) Evaluation. Within sixty (60) days following the filing of an application for approval of a final plan, the Plan Commission will with such aid and advice of such village staff and consultants as may be appropriate, review and act on the plan. This review will consider:
i. Whether the final plan is in substantial conformity with the approved development preliminary plan;
ii. The merit or lack of merit of any departure of the final plan from substantial conformity with the approved development preliminary plan;
iii. Whether the final plan complies with any and all conditions imposed by the approval of the development preliminary plan; and
iv. Whether the final plan complies with the provisions of this title and all other applicable federal, state, and village codes, ordinances, and regulations.
(b) Approval Based on Substantial Conformity. If the Plan Commission finds substantial conformity between the final plan and the approved development preliminary plan and further finds the final plan to be in all other respects complete and in compliance with any and all conditions imposed by approval of the development preliminary plan and with the provisions of this title and all other applicable federal, state, and village codes, ordinances, and regulations, it shall transmit the plan to the Village Board with its recommendation, in the form specified in subsection 9-6-1
C.2.d. of this chapter, that the Village Board approve the final plan, with or without modifications and conditions to be accepted by the applicant as a condition of approval.
(c) Recommendation of Denial. In any case where the Plan Commission finds that the final plan is not in substantial conformity with the approved development preliminary plan and does not merit approval, or in any case where it requires modifications of a plan that are not accepted by the applicant, the Plan Commission will transmit the plan to the Village Board together with its recommendation and specific reasons in support of its recommendation, in the form specified in subsection 9-6-1
C.2.d. of this chapter, that the final plan not be approved.
(d) Failure to Act. The failure of the Plan Commission to act within the sixty (60)-day period specified in subsection 9-6-5
C.4.e(6)(a) of this section, or such further time to which the applicant may agree, will be deemed to be a recommendation to the Village Board to approve the final plan as submitted.
(7) Action by Village Board. Within sixty (60) days following the receipt of the recommendation of the Plan Commission, or its failure to act as above provided, the Village Board shall take action in accordance with the following paragraphs:
(a) Approval Based on Substantial Conformity. If the Plan Commission has recommended approval of a final plan pursuant to subsection 9-6-5
C.4.e.(6)(b) of this chapter, the Village Board will, unless it specifically rejects one (1) or more of the findings of the Plan Commission on the basis of expressly stated reasons, approve the final plan by a duly adopted ordinance.
(b) Approval Notwithstanding Plan Commission Recommendation of Denial. If the Plan Commission has recommended denial of a final plan pursuant to subsection 9-6-5
C.4.e.(6)(c) of this chapter, the Village Board may, if it finds that the final plan merits approval and otherwise conforms to the requirements of this title, approve the final plan by a duly adopted ordinance.
(c) Referral Back to Planning and Zoning Commission. In any case other than that specified in subsection 9-6-5
C.4.e.(6)(c), the Village Board may refer the final plan back to the Plan Commission for further consideration of specified matters.
(d) Conditions on Final Plan Approval. The approval of any final plan may, in addition, be granted by the Village Board, with or without modifications and conditions to be accepted by the applicant as a condition of approval.
(e) Failure to Act. The failure of the Village Board to act within sixty (60)-days, or such further time to which the applicant may agree, will be deemed to be a decision denying final plan approval.
(8) Recording of Final Plan. When a final plan is approved, the village clerk will cause the final plan, or the portions thereof as are appropriate, to be recorded with the County Recorder of Deeds where the property is situated, at the applicant’s expense.
(9) Limitation on Final Plan Approval. Construction must commence in accordance with the approved final plan within one year after the final plan approval, or within such shorter time as may be established by the approved development schedule. Failure to commence construction within this period will, unless an extension of time has been granted by the Village Board pursuant to subsection 9-6-1
B.12. of this chapter, automatically render void the final plan approval and all approvals of the planned development and all permits based on such approvals, and the Village Board will, without further direction, initiate an appropriate application to revoke the special use permit for all portions of the planned development that have not yet been completed. The special use permit will be revoked by ordinance duly adopted by the Village Board, and the village clerk will cause the ordinance, or the portions thereof as are appropriate, to be recorded with the in the County Recorder of Deeds where the property is situated, at the expense of the owner or operator of the uses or lots in question.
(10) Building and Other Permits. Upon final plan approval, but not before, appropriate officials of the village may, upon proper application by the applicant, issue building and other permits to the applicant for the development, construction, and other work in the area encompassed by the approved final plan; provided however, that no permit will be issued unless the appropriate official is first satisfied that the requirements of any codes, ordinances, rule, or regulation of the village, in addition to this title, that are applicable to the permit sought have been satisfied. Building permits may, however, be withheld at the discretion of the Village Board or appropriate village official at any time it is determined that the development of the planned development is not proceeding in strict compliance with the approved final plan.
5. Standards for Planned Developments.
a. Special Use Permit Standards. No special use permit for a planned development will be recommended or granted pursuant to this section unless the applicant establishes that the proposed planned development will meet each of the standards made applicable to special uses pursuant to subsection 9-6-5
B.5.
b. Additional Standards for All Planned Developments. No special use permit for a planned development will be recommended or granted unless the applicant establishes that the proposed planned development will meet each of the following additional standards:
(1) Unified Ownership Required. The entire property proposed for planned development treatment is in single ownership or under unified control to ensure that the entire property will be developed as a unified whole. All owners of the property will be included as joint applicants on all applications and all approvals will bind all owners. The violation of any owner as to any tract will be deemed a violation as to all owners and all tracts.
(2) Minimum Area. Unless a specific standard is set, the applicant will have the burden of establishing that the property is of sufficient size and shape to be planned and developed as a unified whole capable of meeting the objectives for which planned developments may be established pursuant to this section.
(3) Covenants and Restrictions to be Enforceable by Village. All covenants, deed restrictions, easements, and similar restrictions to be recorded in connection with the planned development will provide that they may not be modified, removed, or released without the express consent of the Village Board and that they may be enforced by the village as well as by future landowners within the proposed planned development.
(4) Public Open Space and Contributions. Whenever the comprehensive plan or official map indicates that development of a planned development will create a need for land for public purposes of the village within the proposed planned development, the Village Board may require that such area be designated and to the extent such need is specifically and uniquely attributable to the proposed planned development, dedicated to the village for such use. In addition, the Village Board may require evidence that all requirements of village ordinances pertaining to the dedication of land or the contribution of cash in connection with subdivisions or developments of land have been met as respects the proposed planned development.
(5) Common Open Space.
(a) Amount, Location, and Use. The failure of a planned development to provide common open space shall be considered to be an indication that it has not satisfied the objectives for which planned developments may be approved pursuant to this section. When common open space is provided in a planned development, the amount and location of open space will be consistent with its intended function as set forth in the application and planned development plans. No open space will be used for the construction of any structure or improvement except such structures and improvements as may be approved in the final plan as appropriate to the intended leisure and recreational uses for which the open space is intended.
(b) Preservation. Adequate safeguards, including recorded covenants or dedication of development rights, will be provided to prevent the subsequent use of common open space for any use, structure, improvement, or development other than that shown on the approved final plan. The restrictions must be permanent and not for a given period of years, and must run with the land.
(c) Ownership and Maintenance. The final plan will include such provisions for the ownership and maintenance of open space and improvements as are reasonably necessary to ensure their continuity, care, conservation, maintenance, and operation in accordance with predetermined standards and to ensure that remedial measures will be available to the village if such open space or improvements are permitted to deteriorate or are not maintained in a condition consistent with the best interests of the planned development or the village.
(d) Property Owners’ Association. When the requirements of subsection 9-6-5
C.5.b.(5)(c) of this chapter are to be satisfied by the ownership or maintenance of such open space or improvements by a property owners’ association, the association must meet each of the following standards:
i. The by-laws and rules of the association and all declarations, covenants, and restrictions to be recorded must be approved as part of the final plan prior to becoming effective. Each document will provide that it will not be amended in any manner that would result in it being in violation of the requirements of this subparagraph.
ii. The association must be established and all covenants and restrictions recorded prior to the sale of any property within the area of the planned development designated to have the exclusive use of the proposed open space or improvements.
iii. The association must be responsible for casualty and liability insurance, taxes, and the maintenance of the open space and improvements to be deeded to it.
iv. Membership in the association must be mandatory for each property owner, and any successive owner, having a right to the use or enjoyment of such open space or improvements.
v. Every property having a right to the use of enjoyment of such open space or improvements must pay its pro rata share of the cost of the association by means of an assessment to be levied by the association that meets the requirements for becoming a lien on the property in accordance with statutes of the State of Illinois.
vi. The association must have the right to adjust the assessment to meet changed needs. The membership vote required to authorize such lean shall not be fixed at more than fifty-one percent (51%) of the members voting on the issue.
vii. The Village must be given the right to enforce the covenants.
viii. The Village must be given the right, after ten (10) days’ written notice to the association, to perform any maintenance or repair work that the association has neglected to perform, to assess the membership for such work and to have a lien against the property of any member failing to pay such assessment. For this purpose alone, the Village will have all the rights and powers of the association and its governing body under the agreements and declarations creating the association.
ix. The association may not be dissolved without notice to the zoning official and consent of the Village Board.
(6) Landscaping and Perimeter Treatment. Any area of a planned development not used for structures or circulation elements shall be landscaped or otherwise improved. The perimeter of the planned development shall be treated so as to ensure compatibility with surrounding uses by means such as provision of compatible uses and structures; setbacks; screening; or natural or manmade buffers. Every planned development shall provide a perimeter landscaped open space along each of its boundaries; each such open space shall have a minimum depth equal to the minimum applicable yard required in the district in which it is located.
(7) Private Streets. Private streets may be permitted in a planned development provided that:
(a) The streets are treated as public streets and rights of way for purposes of all setbacks, yards, and calculations under this title;
(b) Said streets shall be owned and maintained by a property owners’ association meeting the requirements set forth in subsection 9-6-5
C.5.b.(5)(d) of this chapter; and
(c) A covenant shall be recorded against the property acknowledging that the village will at no time be under any obligation to provide maintenance for or accept dedication of the streets.
(8) Utilities. All utility lines shall be installed underground.
(9) Additional Standards for Specific Planned Developments. Where the district regulations authorizing any planned development use in a particular district impose additional standards to be met by a planned development in that district, a special use permit for such development will not be recommended or granted unless the applicant establishes compliance with these additional standards.
6. Conditions on Planned Development Approvals. The approval of either a development preliminary plan or a final plan may be conditioned on such matters as the approving body may find necessary to prevent or minimize any possible adverse effects of the proposed planned development; or to ensure its compatibility with surrounding uses and development and its consistency with the general purposes, goals, and objectives of this title, title 10 of the village code, and the comprehensive plan. Such conditions shall be expressly set forth in the ordinance or resolution granting the approval in question. Violation of any such condition or limitation shall be a violation of this title and shall constitute grounds for revocation of all approvals granted for the planned development.
7. Affidavit of Compliance with Conditions; Fee. Whenever any planned development approval granted pursuant to this section is made subject to conditions or limitations to be met by the applicant, the applicant will, upon meeting such conditions, file an unconditional agreement and consent with the Village Clerk acknowledging and agreeing to these conditions and limitations. The unconditional agreement and consent will be accompanied by a non-refundable fee, to be fixed in each case by the Village Board, to recover the village’s actual direct cost of an inspection to verify that such conditions and limitations have been met.
8. Regulation During and Following Completion of Development. Following final plan approval, in the event of an express conflict between the provisions of the final plan and this title, the final plan will control. This title will control in all other instances.
9. Inspections During Development.
a. Inspections by Village Board. Following approval of the final plan of a planned development, or any stage thereof, the Village Board will, at least annually until the completion of development, review all permits issued and construction undertaken and compare actual development with the approved plans for development and with the approved development schedule.
b. Action by Village Board. If the Village Board finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the final plan, the Village Board will immediately notify the owner or applicant of such fact and may, if necessary to protect the public health, safety, or welfare or to prevent further violation of this title and the final plan, issue an order stopping any and all work on the planned development until such time as any noncompliance is cured.
c. Action by Village Board. Within sixty (60)-days following notification by the Village Board, the Village Board will either:
(1) Take such steps as it deems necessary to compel compliance with the final plan; or
(2) Require the owner or applicant to seek an amendment to the final plan as provided in subsection 9-6-5
C.10.a. of this chapter.
10. Amendments to Final Plan During Development or Following Completion of Development:
a. Minor Amendment. During or after the development of a planned development, the Zoning Officer may authorize minor amendments to the final plan when such amendments appear consistent with the intent and purpose of this title and the final plan as approved. Minor amendments shall not be approved if they would result in a violation of any standard or requirement of this title. Such minor amendments will be limited to the following:
(1) Altering the location of any one structure or group of structures by not more than five feet (5') or one-fourth (1/4) of the distance shown on the approved final plan between such structure or structures and any other structure or any vehicular circulation element or any boundary of the planned development, whichever is less;
(2) Altering the location of any circulation element by not more than five feet (5') or one-fourth (1/4) of the distance shown on the approved final plan between such circulation element and any structure, whichever is less;
(3) Altering the location of any open space by not more than twenty feet (20');
(4) Altering any final grade by not more than ten percent (10%) of the originally planned grade; and
(5) Altering the location of aboveground service facilities;
(6) Regular maintenance and repair to building facades;
(7) The installation of emergency warning sirens; (8) Alterations to, or the installation of, fencing;
(9) The installation of private generators, compressors, condensers, storage tanks, and similar equipment;
(10) Alterations to approved landscaping plans;
(11) Alterations to approved signage;
(12) Installation of or alterations to refuse disposal areas, rooftop mechanicals, traffic control gates, security guard shelters, and sidewalks; and
(13) An alteration in the approved development schedule or phasing plan.
(14) Modifications or additions to flatwork.
b. Major Amendment. Any changes to the final plan not authorized by subsection 9-6-5
C.10.a. will be considered to a major amendment and will be granted only upon application to and approval by, the Village Board. The Village Board may, by ordinance duly adopted, grant approval for a major change without a hearing upon finding that any changes in the final plan as approved will be in substantial conformity with said final plan. If the Village Board determines that a major change is not in substantial conformity with the final plan as approved, then the Village Board may refer the request to the Plan Commission for further hearing, review, and recommendation.
(Ord. 2024-6, 3-7-2024; amd. Ord. 2025-30, 7-17-2025)
9-6-6: SITE PLAN REVIEW:
A. Authority. Except in the cases of uses and developments requiring a special use permit pursuant to the provisions in this title, the Zoning Officer may, as a matter of original jurisdiction and in accordance with the procedures and standards set out in this section 9-6-6
, grant site plan approval to uses and developments requiring such approval pursuant to subsection 9-6-6
C.1. In case of uses and developments requiring a special use permit pursuant to subsection 9-6-5
B. or Section 9-6-5
C. of this chapter, and in cases of appeal from a denial of approval by the Zoning Officer, the Plan Commission or Village Board may grant site plan approval in accordance with the procedures and standards set out in this section.
B. Purpose. The site plan review process recognizes that even those uses and developments that have been determined to be generally suitable for location in a particular district are capable of adversely affecting the purposes for which this title was enacted unless careful consideration is given to critical design elements. It is the purpose of this section to provide a vehicle for the review of the developer’s attention to such elements.
C. Site Plan Review Required.
1. Zoning Officer review. Site plan review by the Zoning Officer in accordance with this section will be required in connection with the following developments:
a. Any multiple-family residential development located in the village;
b. Any non-residential development located in the village; and
c. Any development containing a use identified in this title as requiring site plan review.
2. Plan Commission Review. Site plan review by the Plan Commission in accordance with this section will be required in connection with the following developments:
a. Any proposed structure within the ORI or M-1 zoning districts that is one hundred and fifty thousand (150,000) square-feet or greater and either abuts a residentially zoned property or is located across a road or unimproved right-of-way from a residentially zoned property;
b. Any site plan review by the Plan Commission may be sought in any case of a denial of site plan approval by the Zoning Officer.
D. Parties Entitled to Seek Site Plan Approval. Application for site plan review may be filed by the owner of, or any person having a contractual interest in, the subject property.
E. Procedure.
1. Zoning Officer approvals.
a. Application. Applications for site plan approval by the Zoning Officer will be filed in accordance with the requirements of subsection 9-6-2
C.6.l. of this chapter.
b. Action by Zoning Officer. Within thirty (30) days following receipt by the Zoning Officer of a properly completed application, the Zoning Officer will cause such application and the attached site plan to be reviewed, in terms of the standards established by subsection 9-6-6
F. of this subsection. The Zoning Officer will then either:
(1) Approve the site plan as submitted;
(2) On the basis of written findings in accordance with subsection 9-6-6
F. below, approve it subject to specific modification; or
(3) On the basis of such written findings, deny approval of the site plan.
c. Zoning Officer decision. Immediately upon concluding review, the Zoning Officer will return one (1) copy of the site plan to the applicant marked to show either approval, approval subject to modification, which modification will be clearly and permanently marked on such plans, or denial of approval. The Zoning Officer will maintain a similarly marked set of such plans in the Zoning Officer’s files for any further processing that may be required.
d. Failure to act. The failure of the Zoning Officer to act within said thirty (30) days, or such further time to which the applicant may agree, will be deemed to be a decision approving the site plan as submitted.
e. Effect of Zoning Officer’s action.
(1) The action of the Zoning Officer in approving a site plan or in approving a site plan subject to modifications that are acceptable to the applicant will constitute a final administrative action and will not be subject to further review by, or appeal to, any Village Board or commission.
(2) The action of the Zoning Officer in denying an application for site plan approval or in approving a site plan subject to modifications that are not acceptable to the applicant (which action the applicant may treat as a denial) will not be considered final action by the village but will only be authorization for the applicant to seek approval of the site plan from the Plan Commission by way of the appeal procedure set forth below.
f. Appeals. Within forty-five (45) days following a denial of site plan approval by the Zoning Officer, the applicant may seek approval of the site plan by filing an application for appeal to the Plan Commission in accordance with the requirements of subsection 9-6-2 C.6.d. of this chapter; provided that any such appeal will be processed in accordance with the provisions of subsection 9-6-6
E.2. below.
2. Appellate jurisdiction.
a. Application. Applications for site plan approval by the Plan Commission under its appellate jurisdiction must be filed in accordance with the requirements of subsection 9-6-2
C.6.d. of this chapter. In cases where review is sought by way of an appeal of a denial of site plan approval by the Zoning Officer, the application for appeal must be filed within forty-five (45) days following such denial.
b. Action by Zoning Officer in appeal cases. Upon receipt of a properly completed application for an appeal of a denial of site plan approval by the Zoning Officer, the Zoning Officer will forthwith transmit to the Plan Commission the application for appeal, the original application for site plan approval, all papers constituting the record upon which the Zoning Officer’s denial was based and a copy of the Zoning Officer's decision denying the application for site plan approval.
c. Public meeting. The Zoning Officer will provide notice and the Plan Commission will conduct a public meeting in accordance with subsection 9-6-2
E. of this chapter.
d. Action by Plan Commission.
(1) Within thirty-five (35) days following the conclusion of the public meeting, the Plan Commission will, either approve the site plan and design as submitted, make modifications acceptable to the applicant and approve such modified site plan or approve or disapprove it in the manner hereinafter specified.
(2) The failure of the Plan Commission to act within thirty-five (35) days, or such further time to which the applicant may agree, will be deemed to be a decision denying site plan approval.
(3) The action of the Plan Commission in denying an application for site plan and design approval or in approving a site plan subject to modifications that are not acceptable to the applicant (which action the applicant may treat as a denial) will not be considered final action by the village but will only be authorization for the applicant to seek approval of the site plan from the Village Board by way of the appeal procedure set forth below.
e. Right to final appeal. Within forty-five (45) days following denial of site plan approval by the Plan Commission, the applicant may seek approval of the site plan by filing an application for appeal to the Village Board consistent with the applicable requirements of subsection 9-6-2
C.6.d. of this chapter. Within thirty-five (35) days of receiving a properly prepared and filed notice of appeal, including, without limitation, all documents provided to the Plan Commission, the Village Board shall, without further hearing, affirm, reverse, or modify the decision of the Plan Commission. The failure of the Village Board to act within thirty-five (35) days shall be deemed to be a final decision of the village denying the appeal and affirming the decision of the Plan Commission. The decision of the Village Board shall in all instances be considered a final decision.
F. Standards for site plan disapproval.
1. Standards. The Zoning Officer, Plan Commission, and the Village Board will not disapprove a site plan submitted pursuant to this section except on the basis of specific written findings directed to one or more of the following standards:
a. The application is incomplete in specified particulars or contains or reveals violations of this title or other applicable regulations that the applicant has, after written request, failed or refused to supply or correct.
b. The application is submitted in connection with another application, the approval of which is a condition precedent to the necessity for site plan review, and the applicant has failed to secure approval of that application.
c. The site plan fails to adequately meet specified standards required by this title with respect to the proposed use or development, including special use standards, where applicable.
d. The proposed site plan or design interferes with easements or rights-of-way.
e. The proposed site plan or design is unreasonably injurious or detrimental to the use and enjoyment of surrounding property.
f. The proposed site plan or design creates undue traffic congestion or hazards in the public streets, or the circulation elements of the proposed site plan or design unreasonably create hazards to safety on or off site or disjointed or inefficient pedestrian or vehicular circulation path on or off site.
g. The screening of the site does not provide adequate shielding from or for nearby uses.
h. The proposed site plan creates unreasonable drainage or erosion problems or fails to fully and satisfactory integrate the site into the overall existing and planned drainage system serving the village.
i. The proposed site plan places unwarranted or unreasonable burdens on specified utility systems serving the site or area or fails to fully and satisfactory integrate site utilities into the overall existing and planned utility systems serving the village.
j. The proposed site plan or design does not provide for required public uses designated on the official map.
k. The proposed site plan or design otherwise adversely affects the public health, safety, or general welfare.
2. Alternative approaches. In citing any of the foregoing standards, other than those of subsections 9-6-6
F.1.a. and 9-6-6
F.1.b., as the basis for disapproving a site plan, the Zoning Officer, Plan Commission, or the Village Board may suggest alternative site plan approaches that could be developed to avoid the specified deficiency or may state the reasons why such deficiency cannot be avoided consistent with the applicant’s objectives.
G. Effect of site plan approval.
1. Approval of a site plan will not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but will merely authorize the preparation, filing, and processing of applications for any permits or approvals that may be required by the codes and ordinances of the village, including, without limitation, a certificate of zoning compliance, a building permit, a certificate of occupancy, and subdivision approval.
2. A copy of every approved site plan will be filed with the Zoning Officer and the development of the site will be in substantial conformity with such approved and filed plan.
H. Limitations on site plan approval. Subject to an extension of time granted by the Zoning Officer pursuant to subsection 9-6-1
B.12. of this chapter, no site plan approval will be valid for a period longer than one (1) year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a certificate of occupancy is issued and a use commenced within that period.
I. Amendments to site plan or design during development.
1. Site plans approved by the Zoning Officer. During the development of the site, the Zoning Officer will have authority to authorize any amendments to a site plan approved by the Zoning Officer that the Zoning Officer could have authorized in the course of the Zoning Officer’s original review.
2. Site plans approved by the Plan Commission or Village Board.
a. Minor amendments. During the development of the site, the Zoning Officer may authorize minor amendments to a site plan or design approved by the Plan Commission or Village Board under their appellate jurisdiction when such amendments appear necessary in light of technical or engineering considerations first discovered during actual development. Such minor amendments will be consistent with the intent and purpose of this title and the site plan as approved, will be the minimum necessary to overcome the particular difficulty and will not be approved if they would result in a violation of any standard or requirement of this title. Such minor amendments will be limited to the following:
(1) Altering the location of any one structure or group of structures by not more than five feet (5') or one-fourth (1/4) of the distance shown on the approved site plan between such structure or structures and any other structure or any vehicular circulation element or any boundary of the site plan, whichever is less.
(2) Altering the location of any circulation element by not more than five feet (5') or one-fourth (1/4) of the distance shown on the approved site plan between such circulation element and any structure, whichever is less.
(3) Altering the location of any open space by not more than twenty feet (20').
(4) Altering any final grade by not more than ten percent of the originally planned grade.
(5) Altering the location or type of landscaping elements.
b. Major amendments. Any amendment to a site plan approved by the Plan Commission or Village Board under their appellate jurisdiction that is not authorized by subsection 9-6-6
I.2.a above will be considered a major amendment and will be granted only upon application to and approval by the Plan Commission or Village Board. The Village Board may, by ordinance duly adopted, grant approval for major amendment without referral to the Plan Commission upon finding that any changes in the site plan as approved will be in substantial conformity with said plan.
J. Amendments to site plan following completion of development. After a site is developed in accordance with an approved site plan, the approved site plan may be amended, varied, or altered in the same manner and subject to the same limitations as provided for the original approval of site plans. (Ord. 2024-6, 3-7-2024)
9-6-7: ENFORCEMENT AND PENALTIES:
A. General Enforcement Authority and Duty. Upon finding the existence of any violation of this title, the Village Board and the Zoning Officer shall have the authority and duty to take or direct all actions necessary or appropriate to punish and abate such violation.
B. Stop and Cease-and-Desist Orders. Upon finding the existence of any violation of this title, the Zoning Officer shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it; specifically, the Zoning Officer shall order the discontinuance of any illegal use of land or structures; the removal of illegal structures, additions or alterations; and the discontinuance of illegal work being done.
C. Legal Actions. In the enforcement of this title, the Village Board shall exercise all the powers authorized by the statutes of the State of Illinois and the codes and ordinances of this village to ensure compliance with, or to prevent or abate any violation of, the provisions of this title, and in particular, shall, where necessary or appropriate, institute or cause to be instituted by the village attorney in the name of the village any and all actions, legal or equitable, including appeals, that may be required for the enforcement of this title.
D. Abatement; Liens. The Village Board may order any work necessary to abate any violation of this title and shall assess the cost of such work to the property owner. Upon the failure of the owner to pay such cost, the Zoning Officer shall file a lien for such costs, and for all costs of collection, against the property in question where authorized by state statute.
E. Revocation of Permits. The violation of any provision of this title, or of any permit or approval granted pursuant to it, or of any condition imposed pursuant to it shall be grounds for the revocation of any rezoning, permit, variation, or approval granted pursuant to this title and affecting the property involved in the violation. The Zoning Officer may recommend, and the Village Board may order such revocation; provided, however, where the original rezoning permit, variation, or approval was granted following a public hearing required pursuant to this title, the revocation shall be preceded by a similar hearing.
F. Fines. In the enforcement of this title, the Zoning Officer shall, where necessary and appropriate, order the issuance and enforcement of citations to recover fines and penalties for the violation of this title as authorized by state law and the village code. (Ord. 2024-6, 3-7-2024)