A.   The administration of this title is hereby vested in two (2) offices of the government of the village as follows:

      1.   The office of the building commissioner.

      2.   The real estate development board.

   B.   This section and title 2, chapter 13 of this code set forth the authority of each of these offices, and describe the procedure and substantive standards with respect to the following administrative functions:

      1.   Issuance of zoning certificates.

      2.   Issuance of occupancy certificates.

      3.   Appeals.

      4.   Variations.

      5.   Amendments.

      6.   Special uses.

      7.   Fees.

      8.   Penalties. (Ord. 2014-07, 2-4-2014)

The building commissioner of the village and such deputies or assistants that have been, or shall be duly appointed by the president and village board shall enforce this title, and in addition thereto, and in furtherance of such authority shall:

   A.   Determine conformance of applications for zoning certificates with use, lot, and bulk requirements set forth in the applicable district regulations and other applicable regulations of this title.

   B.   Issue all zoning certificates, and make and maintain records thereof.

   C.   Issue all certificates of occupancy, and make and maintain records thereof.

   D.   Conduct inspections of buildings, structures, and use of land to determine compliance with the terms of this title.

   E.   Maintain permanent and current records of this title, including, but not limited to, all maps, amendments and special uses, variations, appeals, and applications therefor, and designate on the zoning district map each amendment, special use and land use variation.

   F.   Provide and maintain a public information bureau relative to all matters arising out of this title.

   G.   Receive, file, and forward to the real estate development board all applications for appeals, variations, and other matters on which the real estate development board is required to pass under this title.

   H.   Forward to the village clerk all applications for amendments, special uses, and other matters which are to be referred to the real estate development board.

   I.   Initiate, direct, and review, from time to time, a study of the provisions of this title, and make reports of its recommendations to the real estate development board not less frequently than once a year. (Ord. 2014-07, 2-4-2014)

(Rep. by Ord. 04-30, 5-18-2004, eff. 7-1-2004)

   A.   Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by any officer, department, or employee of the village, unless the application for such permit has been examined by the office of the building commissioner and affixed to it a certificate of the office of the building commissioner indicating that the proposed building or structure complies with all the provisions of this title. Any permit or certificate of occupancy, issued in conflict with the provisions of this title, shall be null and void.

   B.   In the event that such an application has affixed to it the certificate of a professional engineer licensed by the state of Illinois, certifying that the building or structure, and the proposed use thereof, complies with all of the provisions of this title respecting performance standards for industrial and similar uses, the building commissioner shall, upon receipt of such application, approve and authorize the issuance of a zoning certificate, provided all other relevant provisions of this title are complied with. Such certificate shall be valid for all purposes. However, within fifteen (15) days after the date of such approval, the building commissioner shall examine said application and shall advise the professional engineer, in writing, if the building, structure, or use thereof, does not in fact comply with the performance standards. Failure of the professional engineer to show compliance within thirty (30) days of such notification shall be cause for revocation of the zoning certificate.

   C.   Every application for a zoning certificate shall be accompanied by a plat drawn to a scale in such form as required by the village building code. (Ord., 12-15-1964, as amended; amd. Ord. 2014-07, 2-4-2014)

   A.   No building, or addition thereto, constructed after the effective date of this title, and no addition to a previously existing building shall be occupied, and no land, vacant on the effective date of this title, shall be used for any purpose until a certificate of occupancy has been issued by the office of the building commissioner. Every certificate of occupancy shall state that the use or occupancy complies with the provisions of this title.

   B.   Every application for a building permit shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new use of land where no building permit is required shall be also made directly to the office of the building commissioner.

   C.   No occupancy certificate for a building, or portion thereof, constructed after the effective date of this title, shall be issued until construction has been completed and the premises inspected and certified by the office of the building commissioner to be in conformity with the plans and specifications upon which the zoning certificate was based. No occupancy certificate for a building, or addition thereto, constructed after the effective date of this title, shall be issued, and no addition to a previously existing building shall be occupied until the premises have been inspected and certified by the office of the building commissioner to be in compliance with all the applicable regulations of the zoning district in which it is located. Pending the issuance of a regular certificate, a temporary certificate may be issued, to be valid for a period not to exceed six (6) months from its date, during the completion of any addition or during partial occupancy of the premises. The occupancy certificate shall be issued, or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued not later than fourteen (14) days after the office of the building commissioner is notified in writing that the building or premises are ready for occupancy. (Ord., 12-15-1964 as amended; amd. Ord. 2014-07, 2-4-2014)

   A.   Application Form: All applications for a zoning amendment, special use, variation, zoning certificate, occupancy permit or appeal filed pursuant to this code shall be on forms supplied by the village and shall be filed in such number of duplicate copies as determined by the village clerk. All plans filed as part of any application shall be at a scale sufficient to permit a clear and precise understanding of the contents of said plans and the proposal being made.

   B.   Minimum Data Requirements: Every application submitted pursuant to this code shall contain such information as is required by the village from time to time. Applications shall be made available to all applicants in the office of the village clerk.

   C.   Filing Deadlines:

      1.   Applications Requiring Hearings: An application requiring a public hearing will not be scheduled for such hearing unless filed in proper form and number and containing all required information, not later than five o'clock (5:00) P.M. on the fourth Thursday preceding the requested hearing date. An application so filed will be scheduled for hearing on the requested hearing date, or on the first available date thereafter open on the relevant hearing agenda, on a first filed first scheduled basis.

      2.   Applications Not Requiring Hearing: An application that does not require a public hearing shall be filed, in proper form and number and containing all required information, at least twenty eight (28) days prior to the time when action on the application is requested. An application so filed will be processed on a first filed first processed basis.

      3.   Supplemental Data: Whenever supplemental data in connection with a previously filed application is required by the village or offered by the applicant, it shall 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 such data may be cause to delay a requested or scheduled hearing date at the discretion of the village. (Ord. 05-63, 11-15-2005; amd. Ord. 2014-07, 2-4-2014)

   D.   Application Fee Schedule: In addition to the fees authorized by subsection F of this section, a fee payable to the village clerk by certified check shall accompany an application form for an appeal, variation, amendment, special use, zoning certificate, or occupancy permit as provided in the Village of Worth Zoning Fee Schedule (Appendix B of this Code).

   F.   Additional Fees: In addition to the applicable application fee, an applicant shall also pay the village's consulting and other costs associated in processing an application. Such costs shall consist of at least the following items:

      1.   Court reporter;

      2.   Document preparation and review;

      3.   Copy reproduction;

      4.   Document recordation;

      5.   Inspection fees;

      6.   Professional and technical consultant services; and

      7.   Legal review, consultation, and advice.

The village clerk shall invoice the applicant an amount estimated to be sufficient to cover the village's consulting fees and costs incurred while processing the application. The applicant shall pay the invoiced amount prior to the village processing the application. If the village's actual cost of processing the application exceeds the invoiced amount, the applicant shall reimburse the village for such excess. If the village discovers while processing the application that the invoiced amount is insufficient to cover the village's costs and fees, the village may submit a supplemental invoice to the applicant and require the applicant to submit a deposit equaling the invoiced amount before the application is processed further. If the village's actual cost of processing the application is less than the invoiced amount, the village will reimburse the applicant the difference. (Ord. 2015-42, 10-6-2015)

   G.   Invoices: The village shall invoice the applicant for expenses in excess of the application fee already paid at the time of the initial application. The applicant shall not be invoiced more than once a month. The village shall notify an applicant when the costs incurred in processing an application surpass five thousand dollars ($5,000.00), and shall thereafter notify such applicant when such costs surpass each five hundred dollar ($500.00) increment greater than five thousand dollars ($5,000.00). The village's failure to notify any such applicant shall not relieve such applicant of the duty to pay all such costs and shall not prevent the village from assessing and collecting all such costs.

   H.   Personal Service Cost Computation: Payment to all consultants retained by the village in any capacity connected with the application shall be based on fixed hourly rate contracts formally authorized by the village board. The computation of the village's staff time shall be based on salaries of the village personnel involved plus fifty percent (50%) to cover overhead and administration.

   I.   Applicant's Payments To Village: At no time shall there be any transfer of funds from any applicant directly to any consultant or village staff personnel. All payments to consultants shall be executed only under the conditions specified in this section, and the applicant shall be invoiced directly and solely by the village.

   J.   Intentionally left blank.

   M.   Nonpayment Of Fees: The failure to fully pay any such fee when due shall 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 relates. When this code provides that the passage of time without decision or action shall be deemed an approval or a recommendation for approval, all time periods shall be tolled during any period of nonpayment, but shall otherwise continue to run.

   N.   Waiver For Specified Public Bodies: The provisions of this section may be waived by the board of trustees for fees applicable to any application filed by any public body, or any agency deriving the majority of its revenues from taxes levied within the village or any charitable organization.

   O.   Special Data Requests: In addition to the data and information required pursuant to this section, every applicant shall submit such other and additional data, information, or documentation any village official, officials, body, or bodies before which its application is pending may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.

   P.   Concurrent Applications: When a proposed use or development requires more than one approval pursuant to this code, applications for all such 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 shall be approved unless all applications that are a precondition to its approval have first been approved.

   Q.   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 shall have paid all applicable fees pursuant to this section and the Zoning Fee Schedule. Such withdrawal shall be without prejudice to the applicant’s right to refile such application, but any such refiling shall be treated as an entirely new filing and shall be subject to the procedures and fees of this code in the same manner as any other new application.

   A.   Authority: The real estate development board shall hear and decide appeals from an administrative order, requirement, or determination made by the building commissioner.

   B.   Initiation: An appeal may be taken to the real estate development board by any person, firm, or corporation, or by any office, department, board, bureau, or commission, aggrieved by an administrative order, requirement, decision, or determination under this title by the building commissioner.

   C.   Processing: An appeal shall be filed with the office of the building commissioner and thereafter forwarded to the real estate development board.

   D.   Decisions: All decisions, after hearing, of the real estate development board on appeals from an administrative order, requirement, decision, or determination of the building commissioner shall, in all instances, be final administrative determinations and shall be subject to judicial review in accordance with applicable statutes of the state of Illinois. (Ord. 2014-07, 2-4-2014)

   A.   Authority: The real estate development board shall hear and decide specific variations as set forth herein to be heard and decided by the real estate development board and shall hear and submit a report of its findings and recommendations to the village board on other variations. The real estate development board shall decide or recommend a variation only in the specific instances where there are practical difficulties or particular hardship in the way of carrying out the strict letter of the regulations of this title. Variations may be granted only from the requirements of this title, or from the requirements of subsection 4-2-7B; sections 4-6-1 through 4-6-7, and 4-5-1 through 4-5-5 of this code.

   B.   Initiation: An application for a variation may be made by any person, firm, or corporation, or by any office, department, board, bureau, or commission, requesting or intending to request application for a zoning certificate.

   C.   Processing:

      1.   An application for a variation shall be filed with the village clerk. The president and village board shall forward such application to the real estate development board.

      2.   No variation shall be decided or recommended by the real estate development board except after a public hearing before the real estate development board, of which there shall be a notice of time and place of the hearing published at least once, not more than thirty (30) nor less than fifteen (15) days before the hearing, in one or more newspapers with a general circulation within the village, and other requirements as prescribed by Illinois statutes.

      3.   Not less than fifteen (15) days prior to the public hearing, the applicant, at the applicant's cost, shall cause to be posted upon the real estate, which will be the subject of such a hearing, a sign bearing the following words:

         a.   The sign shall be placed in a location calculated to be seen by the largest number of persons possible. The building commissioner shall have sole discretion with regard to such location, and the fact that such notice was not seen by any particular individual shall not be the basis for reversing any decision of the real estate development board with regard to any action taken at the public hearing.

         b.   The sign shall be of such a size and color and with letters of sufficient size as to be clearly legible from adjacent public rights of way.

   D.   Decisions:

      1.   All final administrative decisions and findings of the real estate development board on variations to be decided by the real estate development board arrived at after the hearings shall be final and subject to judicial review only in accordance with applicable statutes of the state of Illinois.

      2.   The president and board of trustees may decide in accordance with applicable statutes of the state of Illinois other variations of the provisions of this title in harmony with its general purpose and intent but shall vary them only in specific instances where the real estate development board shall find and report such findings and recommendations based upon standards set forth herein and that there are practical difficulties or particular hardship in the way of carrying out the strict letter of the regulations of this title resulting in unreasonable confiscation of property, provided that a land use variation shall not be granted.

   E.   Standards:

      1.   The real estate development board shall not decide or recommend variations in the provisions of this title, unless it shall have made findings based upon the evidence presented to it in the following cases:

         a.   That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located; and that the variation, if granted, will not alter the essential character of the locality; or

         b.   That the plight of the owner is due to unique circumstances; and that the variation, if granted, will not alter the essential character of the locality.

      2.   For the purpose of supplementing the above standards, the real estate development board, in making its decision or recommendations whenever there are practical difficulties or particular hardship, shall also take into consideration the extent to which the following facts favorable to the applicant, have been established by the evidence that:

         a.   The particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out;

         b.   The conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoning classification;

         c.   The purpose of the variation is not based exclusively upon a desire to make more money out of the property;

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

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

         f.   The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood.

      3.   The real estate development board may require or recommend such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this chapter to reduce or minimize the injurious effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this title. (Ord. 2014-07, 2-4-2014)

   F.   Variations Granted By Real Estate Development Board: Variations from the regulations of this title may be granted by the real estate development board only in accordance with the standards set forth in this chapter, and only in the following instances and no others:

      1.   To permit a yard less than the yard required by the applicable regulations;

      2.   To permit the use of a lot not of record on the effective date of this title for a use otherwise prohibited solely because of the insufficient area of the lot, but in no event shall the area of the lot be less than seventy five percent (75%) of the required lot area;

      3.   To permit parking lots to be illuminated later than thirty (30) minutes after close of business;

      4.   To permit the same off street parking spaces to qualify as required spaces for two (2) or more uses, provided that the maximum use of such facility by each user does not take place during the same hours or on the same days of the week; and

      5.   To allow any permitted nonresidential use in a residence district to exceed the floor area ratio imposed by the applicable regulations.

An application that seeks approval of a variance set forth in this subsection F and any variance(s) not set forth in this subsection F shall only be decided by the president and board of trustees. The real estate development board shall hear and submit a report of its findings and recommendations to the president and board of trustees in accordance with this section before the president and board of trustees decide any such variance requests. (Ord. 2015-20, 5-19-2015)

   G.   Variations Granted By Building Commissioner: The building commissioner is authorized to administratively grant variations from the residential lot size requirements of this code, without notice or hearing, if the variation would result in a residential lot size of at least ninety percent (90%) of the size required by ordinance. The building commissioner may only grant such a variation under the conditions specified in subsection E of this section. Denial by the building commissioner does not preclude an applicant from subsequently filing for a variance to be heard by the real estate development board and/or the village board. (Ord. 2014-07, 2-4-2014)

   A.   Authority: For the purpose of promoting the public health, safety, morals, comfort, and general welfare, conserving the value of property throughout the village, and lessening or avoiding congestion in the public streets and highways, the president and village board may, from time to time, in the manner hereinafter set forth, amend the regulations imposed in the districts created by this title, provided that in all amendatory ordinances adopted under the authority of this chapter, due allowance shall be made for existing conditions, the conservation of property values, the directions of building development to the best advantages of the entire village, and the uses to which property is devoted at the time of the adoption of such amendatory ordinance.

   B.   Initiation Of Amendment: Amendments may be proposed by the president and village board, real estate development board, any property owner, or interested person or organization.

   C.   Processing:

      1.   Application For Amendment: An application for an amendment shall be filed with the village clerk in such form and accompanied by such information as required by the president and village board. Such application shall be forwarded by the village clerk, to the real estate development board with the request to hold a public hearing.

      2.   Hearing On Application: The real estate development board shall hold a public hearing on each application for an amendment at such time and place as shall be established by the real estate development board. The hearing shall be conducted and a record of such proceedings shall be preserved in such manner as the real estate development board shall, by rule, prescribe from time to time in conformance with Illinois statutes.

      3.   Notice Of Hearing: Notice of time and place of such hearing shall be published in a newspaper of general circulation in the village not more than thirty (30) days or less than fifteen (15) days before such hearing, as prescribed by applicable Illinois statutes.

         a.   Not less than fifteen (15) days prior to the public hearing, the applicant, at the applicant's cost, shall cause to be posted upon the real estate, which will be the subject of such a hearing, a sign bearing the following words:

         b.   The sign shall be placed in a location calculated to be seen by the largest number of persons possible. The building commissioner shall have sole discretion with regard to such location, and the fact that such notice was not seen by any particular individual shall not be the basis for reversing any decision of the real estate development board with regard to any action taken at the public hearing.

         c.   The sign shall be of such a size and color and with letters of sufficient size as to be clearly legible from adjacent public rights of way.

      4.   Findings Of Fact And Recommendation Of The Real Estate Development Board: Within thirty (30) days after the close of the hearing on a proposed amendment, the real estate development board shall make written findings of fact and shall submit same together with its recommendations to the president and village board. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the real estate development board shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:

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

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

         c.   The suitability of the property in question to the uses permitted under the existing zoning classification and that the property for which an amendment is requested has at least fifteen thousand (15,000) square feet of area and not less than one hundred (100) linear feet of frontage on a street.

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

   D.   Decisions:

      1.   Action By The Real Estate Development Board:

         a.   The real estate development board shall not recommend the adoption of a proposed amendment until after it finds that the adoption of such amendment is in the public interest and is not solely for the interest of the applicant. The real estate development board may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. For the purposes of this subsection, the R1 single-family residence district shall be considered the highest classification and the M2 general manufacturing district shall be considered the lowest classification.

         b.   A concurring vote of a majority of all members of the real estate development board shall be required to recommend the granting or denying a request for an amendment.

      2.   Action By The President And Village Board:

         a.   The president and village board, upon receiving the report of findings and recommendation of the real estate development board, may grant or deny any proposed amendment in accordance with applicable Illinois statutes, or may refer it back to the real estate development board for further consideration.

         b.   If an application for a proposed amendment is not acted upon finally by the president and village board within six (6) months of the date upon which such application is received by the president and village board, it shall be deemed to have been denied.

         c.   In case a written protest against any proposed amendment, signed and acknowledged by owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across the alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage to be altered, is filed with the village clerk, the amendment cannot be passed except on the favorable vote of two-thirds (2/3) of all members of the village board. (Ord. 2014-07, 2-4-2014)

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

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

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

   B.   Initiation: Any person having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, or an exclusive possessory interest, and which is specifically enforceable, may file an application to use such land for one or more of the special uses provided for in this title in the zoning district in which the land is located.

   C.   Processing:

      1.   Application For Special Use: An application for a special use shall be filed with the village clerk on a form prescribed by the president and village board. The application shall be accompanied by such plans and/or data recommended by the real estate development board, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed special use will conform to the standards set forth herein for special uses. Copies of such application shall be forwarded by the village clerk to the real estate development board with the request to hold a public hearing.

      2.   Hearing On Application: Upon receipt in proper form of the application and statement referred to above, the real estate development board shall hold at least one public hearing on the proposed special use. Notice of time and place of such hearing shall be published in a newspaper of general circulation within the village, not more than thirty (30) days or less than fifteen (15) days in advance of such hearing.

      3.   Notice Of Hearing: Not less than fifteen (15) days prior to the public hearing, the applicant, at the applicant's cost, shall cause to be posted upon the real estate, which will be the subject of such a hearing, a sign bearing the following words:

         a.   The sign shall be placed in a location calculated to be seen by the largest number of persons possible. The building commissioner shall have sole discretion with regard to such location, and the fact that such notice was not seen by any particular individual shall not be the basis for reversing any decision of the real estate development board with regard to any action taken at the public hearing.

         b.   The sign shall be of such a size and color and with letters of sufficient size as to be clearly legible from adjacent public rights of way.

   D.   Decisions:

      1.   Action By The Real Estate Development Board: No special use permit shall be recommended by the real estate development board unless there is a concurring vote of a majority of all members of the real estate development board, based on findings of fact that:

         a.   The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.

         b.   The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

         c.   The establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

         d.   Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.

         e.   Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

         f.   The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the president and village board pursuant to the recommendations of the real estate development board, or as allowed for planned developments.

         g.   A planned development also conforms with additional standards and exceptions hereby established. All special uses permits shall be in effect from the date of issuance until such time as the original permittee no longer operates the enterprise which was the subject of the permit. Special use permits are not transferable to another party. When an enterprise operating under a special use permit is sold or otherwise transferred to another party, the new operator must obtain all new permits, including a special use permit, and all licenses required by ordinance.

            (1)   Use Exceptions: The real estate development board may recommend and the president and village board may authorize that there be in part of the area of a planned development, and for the duration of such development, specified uses not permitted by the use regulations of the district in which said development is located, provided that the real estate development board shall find that:

               (A)   The uses permitted by such exception are necessary or desirable and are appropriate with respect to the primary purpose of the development.

               (B)   The uses permitted by such exception are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood.

               (C)   Not more than twenty percent (20%) of the ground area or of the gross floor area of such development shall be devoted to the uses permitted by said exception.

               (D)   In a manufacturing planned development, such additional uses allowed by exception shall conform with the performance standards of the district in which the development is located, as set forth in this title.

               (E)   That the use exceptions so allowed are reflected by the appropriate zoning district symbols and so recorded on the zoning district map.

            (2)   Bulk Regulations: The real estate development board may recommend, and the president and village board may authorize, exceptions to the applicable bulk regulations of this title within the boundaries of a planned development, provided that the real estate development board shall find that:

               (A)   Such exception shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such development as well as the neighboring property than would be obtained under the bulk regulations of this title for buildings developed on separate lots.

               (B)   In part of a residential planned development devoted to other than single-family dwelling use, the overall floor area ratio does not exceed the maximum floor area ratio required in the districts where such uses are permitted.

               (C)   In the part of the planned development containing residential uses, the minimum lot area per dwelling (and when applicable, minimum lot width) may be less than required for permitted uses in the districts in which the planned development is located, provided that there are permanent open spaces, exclusive of streets and thoroughfares of sufficient area within the planned development, to at least maintain the minimum lot area per dwelling required for permitted uses in the district, when applied to the total area, exclusive of area devoted to streets, thoroughfares, and when applicable, business uses, of the planned development.

               (D)   Spacing between principal buildings, where a transfer of ownership of a part of a planned development is contemplated, shall be at least equivalent to such spacing as would be required between buildings similarly developed under the terms of this title on separate lots.

               (E)   Along the periphery of such planned developments yards shall be provided as required by the regulations of the district in which said development is located.

      2.   Action By The President And Village Board:

         a.   Prior to the granting of any special use, the president and village board shall stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in this chapter. In all cases in which special uses are granted the president and village board shall require such evidence and guarantees as it may deem necessary as proof of the conditions stipulated in connection therewith are being and will be complied with.

         b.   The president and village board may grant or deny any application for a special use permit after receiving the report of findings and recommendation of the real estate development board, including the stipulations of additional conditions and guarantees, when they are deemed necessary for the protection of the public interest, except in case of written protest against any application for a special use signed and acknowledged by the owners of twenty percent (20%) of the frontage immediately adjoining or across the alley from the property proposed for the special use or by owners of twenty percent (20%) of the frontage directly opposite such property, the president and village board shall not grant the special use except by a favorable vote of two-thirds (2/3) of all members of the village board.

         c.   No application for a special use which has been denied wholly or in part by the president and village board shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the real estate development board and the president and village board.

         d.   Any use lawfully existing on the date of adoption of this title and permitted as a special use in the zoning district in which it is located is hereby granted a special use permit to continue that use. (Ord. 2014-07, 2-4-2014; amd. Ord. 2022-10, 3-15-2022)

In the event of any petition filed for rezoning, variation, annexation, subdivision or resubdivision, said petition must be accompanied by a plat of the property involved, signed by a registered land surveyor of the state of Illinois and said plat shall be dated not more than six (6) months from the date of any application for rezoning, variation, annexation, subdivision or resubdivision. (Ord., 12-15-1964 as amended; amd. Ord. 2014-07, 2-4-2014)

Any person, firm, or corporation, or agent, employee, or contractor of such, who violates, destroys, omits, neglects, or refuses to comply with, or who resists enforcement of any provisions of this title, shall be subject to a fine in the amount established in the Village Fine Schedule for each offense. In addition, judgment shall be entered against such entity in an amount equal to the village's reasonable attorney fees for prosecution of the action and any appeals, post judgment proceedings or contempt proceedings. Each day a violation exists or continues to exist shall constitute a separate offense. (Ord. 2014-16, 3-4-2014; amd. Ord. 2025-11, 3-18-2025)