Village of Bannockburn, IL Part 6 Amendments and Special Approvals

§ 260-1161 Amendments.

A. Authority. This code and the Zoning Map may be amended from time to time by ordinance duly enacted by the Board of Trustees in accordance with the procedures set out in this section.

B. Purpose. The amendment process established by this section is intended to provide a means for making changes in the text of this code and in the Zoning Map that have more or less general significance or application. It is not intended to relieve particular hardships nor to confer special privileges or rights. Rather, it is intended as a tool to adjust the provisions of this code and the Zoning Map in light of changing, newly discovered, or newly important conditions, situations, or knowledge.

C. Parties entitled to seek amendments. An application for an amendment may be filed by the Board of Trustees, the Plan Commission, the Zoning Board of Appeals, 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 code.

D. Procedure.

(1) Application. Applications for amendments shall be filed in accordance with the requirements of § 260-1131 of this code; provided, however, that amendments proposed by the Board of Trustees, the Plan Commission or the Zoning Board of Appeals shall not be subject to said section but shall be transmitted to the Building Commissioner in such form as may seem appropriate to the initiating body.

(2) Preliminary consideration by Board of Trustees.

(a) Referral to Board. Every properly filed and completed application for an amendment to this code, before being processed in any other manner, shall be referred to the Board of Trustees for a determination as to whether the application merits a hearing and consideration by the Plan Commission or should be summarily denied.

(b) Notice of applicant; right to be heard. Notice of the meeting at which the issue will be considered shall be given to the applicant at least 48 hours before such meeting and the applicant or his or her representative shall, subject to the rules of the Board of Trustees, have the right to be heard on the issue.

(c) Action by Board. The Board of Trustees, not later than the first meeting after the meeting at which the issue first appears on its agenda, shall either summarily deny the application or refer it to the Plan Commission for public hearing. The affirmative vote of four members of the Board of Trustees shall be necessary to summarily deny an application; any other vote shall be sufficient to refer the application for a hearing. In the case of any such referral, the date of such referral shall be deemed to be the date of filing for computation of all time periods under this code. A summary denial shall have the same legal effect as a denial after a full hearing.

(d) Standard. In considering the issue of whether to summarily deny or refer an application for hearing, the Board of Trustees shall be guided by the legislative standard that applies to granting an application for an amendment as set forth in Subsection E of this section. The Board of Trustees should summarily deny an application in any case where its legislative judgment is that that standard cannot be met with regard to the proposed amendment.

(3) Public hearing. In any case where an application for amendment is referred to the Plan Commission for a hearing, a public hearing shall be set, noticed, and conducted by the Plan Commission in accordance with § 260-1133 of this code.

(4) Action by Plan Commission. Within 45 days following the conclusion of the public hearing, the Plan Commission shall transmit to the Board of Trustees its recommendation in the form specified by § 260-1103H of this code. The failure of the Plan Commission to act within 45 days following the conclusion of such hearing, or such further time to which the applicant may agree, shall be deemed a recommendation for the approval of the proposed amendment as submitted.

(5) Action by Board of Trustees; protest. Within 60 days following the receipt of the recommendation of the Plan Commission, or its failure to act as above provided, the Board of Trustees shall 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 20% or more of the frontage to be affected by the proposed amendment, or by the owners of 20% or more of the frontage immediately adjoining or across therefrom, or by the owners of 20% or more of the frontage directly opposite the frontage to be affected, such amendment shall not be passed except by a two-thirds vote of all the Trustees then holding office. The failure of the Board of Trustees to act within 60 days, or such further time to which the applicant may agree, shall be deemed to be a decision denying the application.

E. Standard for amendments. The wisdom of amending the Zoning Map or the text of this code is a matter committed to the sound legislative discretion of the Board of Trustees and is not dictated by any set standard. However, in determining whether a proposed amendment should be granted or denied the Board of Trustees should be guided by the principle that its power to amend this code 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 Board of Trustees should weigh the factors that the applicant is required to address in its application pursuant to § 260-1131E(8) of this code.

§ 260-1162 Special use permits.

A. Authority. The Board of Trustees, in accordance with the procedures and standards set out in this section and by ordinance duly adopted, may 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.

B. Purpose. Special uses are those uses having some special impact or uniqueness that requires 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.

C. 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.

D. Procedure.

(1) Application. Applications for special use permits shall be filed in accordance with the requirements of § 260-1131 of this code.

(2) Public hearing. A public hearing shall be set, noticed, and conducted by the Plan Commission in accordance with § 260-1133 of this code.

(3) Action by Plan Commission. Within 45 days following the conclusion of the public hearing, the Plan Commission shall transmit to the Board of Trustees its recommendation in the form specified by § 260-1103H of this code, recommending either granting the application for a special use permit; granting the application subject to conditions, as specified in Subsection F of this section; or denying the application. The failure of the Plan Commission to act within 45 days, or such further time to which the applicant may agree, shall be deemed a recommendation for the approval of the proposed special use permit.

(4) Action by Board of Trustees. Within 60 days following the receipt of the recommendation of the Plan Commission, or its failure to act as above provided, the Board of Trustees shall either deny the application or, by ordinance duly adopted, shall grant the special use permit, with or without modifications or conditions. The failure of the Board of Trustees to act within 60 days, or such further time to which the applicant may agree, shall be deemed to be a decision denying the special use permit.

E. Standards for special use permits.

(1) General standards. No special use permit shall be recommended or granted pursuant to this section unless the applicant shall establish that:

(a) Code and plan purposes: the proposed use and development will be in harmony with the general and specific purposes for which this code was enacted and for which the regulations of the district in question were established and with the general purpose and intent of the Official Comprehensive Plan.

(b) No undue adverse impact: the proposed use 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.

(c) 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.

(d) 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.

(e) No traffic congestion: the proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets.

(f) No destruction of significant features: the proposed use and development will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance.

(g) Compliance with standards: the proposed use and development complies with all additional standards imposed on it by the particular provision of this code authorizing such use.

(2) Special standards for specified special uses. When 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 shall not be recommended or granted unless the applicant shall establish compliance with such special standards.

(3) Considerations. In determining whether the applicant's evidence establishes that the foregoing standards have been met, the Plan Commission shall consider:

(a) 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.

(b) Alternative locations: whether and to what extent such public goals can be met by the location of the proposed use and development at some other site or in some other area that may be more appropriate than the proposed site.

(c) 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.

F. Conditions on special use permits. The Plan Commission may recommend and the Board of Trustees may impose such conditions and limitations concerning use, construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this code upon the premises benefited by a special use permit 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 shall be expressly set forth in the ordinance granting the special use. Violation of any such condition or limitation shall be a violation of this code and shall constitute grounds for revocation of the special use permit.

G. Affidavit of compliance with conditions. Whenever any special use permit granted pursuant to this section is made subject to conditions or limitations to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the Building Commissioner so stating.

H. Effect of issuance of a special use permit. The grant of a special use permit shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any other 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.

I. Limitations on special use permits. Subject to an extension of time granted by the Building Commissioner pursuant to § 260-1101K of this code, no special use permit shall 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.

(1) A special use permit shall be deemed to authorize only the particular use for which it was issued, and such permit shall automatically expire and cease to be of any force or effect if such use shall, for any reason, be discontinued for a period of six consecutive months or more.

(2) Except when otherwise provided in the ordinance granting a special use permit, a special use permit shall be deemed to relate to, and be for the benefit of, the use and lot in question rather than the owner or operator of such use or lot.

J. 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 section for its original approval.

§ 260-1163 Planned unit developments.

A. Authority. The Board of Trustees, in accordance with the procedures and standards set out in this section and by ordinance duly adopted, may grant special use permits authorizing the development of planned unit developments, but only in the districts where such developments are listed as an authorized special use.

B. Purpose. Planned unit developments are included in this code as a distinct category of special use. As such, they are authorized for the same general purposes as all other special uses. In particular, however, the planned unit development technique is intended to allow the relaxation of otherwise applicable substantive requirements based upon procedural protections providing for detailed review of individual proposals for significant developments. This special regulatory technique is included in this code in recognition of the fact that traditional bulk, space, and yard regulations that may be useful in protecting the character of substantially developed and stable areas may impose inappropriate preregulations 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 unit development technique, the Village seeks to achieve the following specific objectives:

(1) Creation of a more desirable environment than would be possible through strict application of other Village land use regulations.

(2) Promotion of a creative approach to the use of land and related physical facilities, resulting in better design and development, including aesthetic amenities.

(3) Combination and coordination of architectural styles, building forms, and building relationships.

(4) Preservation and enhancement of desirable site characteristics such as natural topography, vegetation, and geologic features, and the prevention of soil erosion.

(5) Provision for the preservation and beneficial use of open space.

(6) An increase in the amount of open space over that which would result from the application of conventional subdivision and zoning regulations.

(7) Encouragement of land uses that promote the public health, safety, and general welfare.

C. Parties entitled to seek planned unit development approval. An application for a special permit to permit a planned unit development may be filed by the owner of, or any person having a contractual interest in, the subject property.

D. Procedure.

(1) Optional preapplication conference. Prior to filing any application for planned unit development approval, the prospective applicant may, by letter to the President of the Board of Trustees and the Chairperson of the Plan Commission, request a joint preapplication conference with the Plan Commission and the Board of Trustees. Such request shall include a brief and general description of the nature, location and extent of the proposed planned unit development; and a list of any professional consultants advising the prospective applicant with respect to the proposed planned unit development.

[Amended 5-22-2017 by Ord. No. 2017-12]

(a) Upon receipt of such request, the President of the Board of Trustees and the Chairperson of the Plan Commission shall promptly schedule such a conference and shall notify the prospective applicant.

(b) The Village President shall conduct the conference and its purpose shall be to broadly acquaint all parties with the proposals, views, and concerns of all other parties at a time when positions are still flexible and adjustment is still possible, to familiarize all parties with the requirements of this code and the relevant provisions of Chapter 205, Subdivision Regulations, of the Village Code, and to give the prospective applicant the benefit of the preliminary views of the Village prior to the expenditure of funds necessary to prepare the complete documentation required for a formal application.

(c) No final or binding action shall be taken at any preapplication conference, and any views expressed shall be deemed to be only preliminary and advisory.

(2) Development concept plan.

(a) Purpose. The development concept 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 unit development without incurring undue cost. The development concept plan is the basis on which the required public hearing is held, thus permitting public consideration of the proposal at the earliest possible stage. To permit the Village and the applicant to proceed with some assurance, approval of the development concept plan binds the applicant and the Village with respect to the following basic elements of development:

[1] Categories of uses to be permitted; and

[2] General location of residential and nonresidential land uses; and

[3] Overall maximum density of residential uses and intensity of nonresidential uses; and

[4] General architectural style of the proposed development; and

[5] General location and extent of required bufferyards, landscaping, and screening and public and private open space, including recreational amenities; and

[6] General location of vehicular and pedestrian circulation systems; and

[7] Staging of development; and

[8] Nature, scope, and extent of public dedications, improvements, or contributions to be provided by the applicant.

(b) Application. Applications for approval of a development concept plan shall be filed in accordance with the requirements of § 260-1131 of this Article XI.

(c) Public hearing. A public hearing shall be set, noticed, and conducted by the Plan Commission in accordance with § 260-1133 of this code.

(d) Coordination with subdivision regulations. When a subdivision of land subject to Chapter 205, Subdivision Regulations, of the Village Code is proposed in connection with a planned unit development, review of the tentative plat of the proposed subdivision shall be carried out simultaneously with review of the development concept plan.

(e) Action by Plan Commission. Within 45 days following the conclusion of the public hearing, the Plan Commission shall transmit to the Board of Trustees its recommendation, in the form specified by § 260-1103H of this code, that the development concept plan either be approved, be approved subject to modifications, or not be approved. The failure of the Plan Commission to act within 45 days, or such further time to which the applicant may agree, shall be deemed a recommendation for the approval of the development concept plan as submitted.

(f) Action by Board of Trustees. Within 60 days following the receipt of the recommendation of the Plan Commission or its failure to act as above provided, the Board of Trustees shall deny the application for approval of the development concept plan, or shall refer it back to the Plan Commission for further consideration of specified matters, or, by ordinance duly adopted, shall approve the development concept plan, with or without modifications and conditions to be accepted by the applicant as a condition of such approval, and shall grant a special use permit authorizing the proposed planned unit development and such additional approvals as may be necessary to permit development of the planned unit development as approved; provided, however, that every such ordinance and special use permit shall be expressly conditioned upon approval of detailed and final plans in accordance with Paragraphs D(3) and D(4) of this section and upon the permittee's compliance with all provisions of this code and the ordinance granting the special use permit. The failure of the Board of Trustees to act within 60 days, or such further time to which the applicant may agree, shall be deemed to be a decision denying approval of the development concept plan.

(g) Effect of development concept plan approval. Unless the applicant shall fail to meet time schedules for filing detailed and final plans or shall fail to proceed with development in accordance with the plans as approved or shall in any other manner fail to comply with any condition of this code or any approval granted pursuant to it, the Village shall not, without the consent of the applicant, take any action to modify, revoke, or otherwise impair an approved development concept plan with respect to the elements of development set forth in Subparagraph D(2)(a) of this section pending the application for approval of detailed and final plans. In submitting such plans, the applicant shall be bound by the approved development concept plan with respect to each such element.

(h) Limitation on development concept plan approval. Subject to an extension of time granted by the Building Commissioner pursuant to § 260-1101K of this code, unless a detailed plan covering at least the area designated in the development concept plan as the first stage or unit of the planned unit development has been filed within one year from the date the Board of Trustees grants development concept plan approval, or in any case where the applicant fails to file detailed and final plans and to proceed with development in accordance with the provisions of this code and the approved development concept plan, the development concept plan approval shall automatically expire and be rendered void and the Building Commissioner shall, without further direction, initiate an appropriate action to formally revoke the special permit for all portions of the planned unit development area that have not yet been completed.

(i) Optional submission of a detailed plan. The applicant may, at his or her option, submit a detailed plan for the proposed planned unit development pursuant to the requirements of Paragraph D(3) of this section simultaneously with the submission of the development concept plan pursuant to the requirements of Paragraph D(1) of this section. In such case, the applicant shall comply with all provisions of this code applicable to submission of the development concept plan and to submission of the detailed plan. The Plan Commission and the Board of Trustees shall consider such plans simultaneously and shall grant or deny detailed plan approval in accordance with the provisions of Paragraph D(3) of this section.

(3) Detailed plan.

(a) Purpose. The detailed plan is intended to particularize, refine, and implement the development concept plan and to serve as a working document in development of a final plan. The detailed plan may be submitted for the entire planned unit development or in stages as approved in the development concept plan.

(b) Application. Upon approval of the development concept plan, and within the time limits established in Subparagraph D(2)(h) of this section, the applicant shall file an application for detailed plan approval in accordance with the requirements of § 260-1131 of this code. The application may include the entire area included in the approved development concept plan or one or more stages or units thereof in accordance with a staging plan approved as part of the development concept plan. The application shall refine, implement, and be in substantial conformity with the approved development concept plan.

(c) Public meeting. A public meeting shall be set, noticed, and conducted by the Plan Commission in accordance with § 260-1133 of this code.

(d) Coordination with subdivision regulations. When a subdivision of land subject to Chapter 205, Subdivision Regulations, of the Village Code is proposed in connection with a planned unit development, review of the final plat of proposed subdivision shall be carried out simultaneously with review of the detailed plan.

[Amended 5-22-2017 by Ord. No. 2017-12]

(e) Action by Plan Commission.

[1] Evaluation. Within 60 days following the filing of an application for approval of a detailed plan, the Plan Commission shall review and act on the plan. Such review shall consider:

[a] Whether the detailed plan is in substantial conformity with the approved development concept plan; and

[b] The merit or lack of merit of any departure of the detailed plan from substantial conformity with the approved development concept plan; and

[c] Whether the detailed plan complies with any and all conditions imposed by approval of the development concept plan; and

[d] Whether the detailed plan complies with the provisions of this code and all other applicable federal, state, and Village codes, ordinances, and regulations.

[2] Approval based on substantial conformity. If the Plan Commission finds substantial conformity between the detailed plan and the approved development concept plan and further finds the detailed plan to be in all other respects complete and in compliance with any and all conditions imposed by approval of the development concept plan and with the provisions of this code and all other applicable federal, state, and Village codes, ordinances, and regulations, it shall transmit the plan to the Board of Trustees with its recommendation, in the form specified in § 260-1103H of this code, that the Board of Trustees approve the detailed plan, with or without modifications and conditions to be accepted by the applicant as a condition of approval; provided, however, that in no event shall such conditions of approval impair the rights granted by the development concept plan approval. See § 260-1226 of this code for the definition of "substantial conformity."

[3] Recommendation of approval without substantial conformity. If the Plan Commission finds that the detailed plan lacks substantial conformity to the development concept plan but merits approval notwithstanding such lack of conformity and otherwise conforms to the requirements of this code, it shall transmit the plan to the Board of Trustees with its recommendation, in the form specified in § 260-1103H of this code, that the detailed plan be approved, with or without modifications and conditions to be accepted by the applicant as a condition of approval.

[4] Recommendation of denial. If the Plan Commission finds that the detailed plan is not in substantial conformity with the approved development concept plan and does not merit approval, or if the Plan Commission requires modifications of a detailed plan that are not accepted by the applicant, the Plan Commission shall transmit the plan to the Board of Trustees together with its recommendation, in the form specified in § 260-1103H of this code, that the detailed plan not be approved.

[5] Failure to act. The failure of the Plan Commission to act within 60 days, or such further time to which the applicant may agree, shall be deemed to be a recommendation to the Board of Trustees to approve the detailed plan as submitted.

(f) Action by Board of Trustees.

[1] Within 60 days following the receipt of the recommendation of the Plan Commission, or its failure to act as above provided, the Board of Trustees shall either:

[a] Approval based on substantial conformity. If the Plan Commission has recommended approval of a detailed plan pursuant to Subparagraph D(3)(e)[2] of this section, the Board of Trustees shall, unless it specifically rejects one or more of the findings of the Plan Commission on the basis of expressly stated reasons, approve the detailed plan by a duly adopted ordinance; or

[b] Approval without substantial conformity. In any case other than that specified in Subparagraph D(3)(f)[1] of this section, the Board of Trustees may, if it finds that the detailed plan merits approval and otherwise conforms to the requirements of this code, approve the detailed plan by a duly adopted ordinance; or

[c] Referral back to Plan Commission. In any case other than that specified in Subparagraph D(3)(f)[1] of this section, the Board of Trustees may refer the detailed plan back to the Plan Commission for further consideration of specified matters; or

[d] Denial. The Board of Trustees may deny detailed plan approval if it finds, whether pursuant to a recommendation of the Plan Commission or not, that the detailed plan is not in substantial conformity with the approved development concept plan and does not merit approval or would only merit approval subject to modifications or conditions that are not accepted by the applicant.

[2] The failure of the Board of Trustees to act within 60 days, or such further time to which the applicant may agree, shall be deemed to be a decision denying detailed plan approval.

(g) Conditions on detailed plan approval. Every approval of a detailed plan shall be expressly conditioned upon approval of a final plan in accordance with Paragraph D(4) of this section and upon the applicant's compliance with all provisions of this code, of the ordinance granting development concept plan approval and of the ordinance granting detailed plan approval. The approval of any detailed plan may, in addition, be granted with or without modifications and conditions to be accepted by the applicant as a condition of approval; provided, however, that in no event shall such conditions of approval impair the rights granted by the development concept plan approval.

(h) Effect of detailed plan approval. Unless the applicant shall fail to meet time schedules for filing final plans or shall fail to proceed with development in accordance with the plans as approved or shall in any other manner fail to comply with any condition of this code or any approval granted pursuant to it, the Village shall not, without the consent of the applicant, take any action to modify, revoke, or otherwise impair an approved detailed plan pending the application for approval of a final plan. In submitting a final plan, the applicant shall be bound by the approved detailed plan.

(i) Limitation on detailed plan approval. Subject to an extension of time granted by the Building Commissioner pursuant to § 260-1101K of this code, unless a final plan covering at least the area designated in the detailed plan as the first stage or unit of the planned unit development has been filed within three months from the date the detailed plan is approved, or in any case where the applicant fails to file a final plan and to proceed with development in accordance with the provisions of this code and the approved detailed plan, the detailed plan approval and all other approvals of the planned unit development and all permits based on such approvals shall automatically expire and be rendered void, and the Building Commissioner shall, without further direction, initiate an appropriate action to formally revoke the special use permit for all portions of the planned unit development area that have not yet been completed.

(j) Site improvements; model buildings.

[1] At any time following the approval of a detailed plan, the applicant may, pursuant to and subject to the limitations of all applicable codes and ordinances of the Village, apply for and receive grading permits and approvals necessary for the installation of utility and street improvements within the area of the planned unit development for which detailed plan approval has been given.

[2] If expressly authorized in the approval of the detailed plan, the applicant may, pursuant to and subject to the limitations of all applicable codes and ordinances of the Village, apply for and receive building permits for model buildings to be constructed within the area of the planned unit development shown on the approved detailed plan.

(4) Final plan.

(a) Purpose. The final plan is to serve as a complete, thorough, and permanent public record of the planned unit development and the manner in which it is to be developed. When properly utilized, final plan approval is essentially a clerical step in the planned unit development process. The documentation required to be submitted with the final plan approval application is intended to reflect in final form the approved planned unit development and to incorporate all prior approved plans and all modifications thereof resulting from the planned unit development process.

(b) Application. Upon approval of the detailed plan, and within the time limits established in Subparagraph D(3)(h) of this section, the applicant shall file an application for final plan approval in accordance with the requirements of § 260-1131 of this code. The application may include the entire area included in the approved detailed plan or one or more stages or units thereof in accordance with a staging plan approved as part of the development concept plan. The application shall add necessary detail to, and put in final form, the information contained in the approved detailed plan and shall conform to the approved detailed plan in all respects.

(c) Final plan review. Within 21 days following the filing of an application for final plan approval, the Building Commissioner shall cause to be initiated and completed a review of the final plan to determine its conformity to the approved detailed plan and its compliance with any conditions imposed by the approval of the detailed plan and with the provisions of this code and all other applicable federal, state, and Village codes, ordinances, and regulations.

[1] If the Building Commissioner shall find conformity in all significant respects between such plans, and shall further find the final plan to be in all other respects complete and in compliance with any conditions imposed by the approval of the detailed plan and with this code and all other applicable federal, state, and Village codes, ordinances, and regulations, then the Building Commissioner shall approve the final plan for recording as herein provided.

[2] If the Building Commissioner shall find that the final plan lacks such conformity, completeness, or compliance, then the Building Commissioner shall inform the applicant of any deficiencies in the final plan and allow the applicant an opportunity to remedy such deficiencies. If the applicant shall fail or refuse to remedy such deficiencies, then the Building Commissioner shall refer the final plan to the Plan Commission and the Board of Trustees, which shall then review and approve or disapprove the final plan in the same manner and subject to the same standards as provided in Subparagraphs D(3)(e) and (f) of this section with respect to detailed plans.

(d) Recording of final plan. When a final plan is approved, the Building Commissioner shall cause the final plan, or the portions thereof as are appropriate, to be recorded with the Recorder of Deeds of Lake County, Illinois.

(e) Limitation on final plan approval. Construction shall commence in accordance with the approved final plan within one year after the approval of such plan, or within such shorter time as may be established by the approved development schedule. Failure to commence construction within such period shall, unless an extension of time shall have been granted by the Building Commissioner pursuant to § 260-1101K of this code, automatically render void the final plan approval and all approvals of the planned unit development and all permits based on such approvals, and the Building Commissioner shall, without further direction, initiate an appropriate action to formally revoke the special use permit for all portions of the planned unit development that have not yet been completed.

(f) Building and other permits. Except as provided in Subparagraph D(3)(i) of this section, when, but not before, all documents required for final plan approval have been approved, and upon proper application by the applicant, building and other permits may be issued to the applicant for the development, construction, and other work in the area encompassed by the approved final plan; provided, however, that no permit shall be issued unless the appropriate official is first satisfied that the requirements of any codes or ordinances of the Village, in addition to this code, that are applicable to the permit sought, have been satisfied. Building permits may, however, be withheld at the discretion of the Building Commissioner or the Board of Trustees at any time it is determined that the development of the planned unit development is not proceeding in strict compliance with the approved final plan.

E. Standards for planned unit developments.

(1) Special use permit standards. No special use permit for a planned unit development shall be recommended or granted pursuant to this section unless the applicant shall establish that the proposed development will meet each of the standards made applicable to special use permits pursuant to § 260-1162E of this code.

(2) Additional standards for all planned unit developments. No special use permit for a planned unit development shall be recommended or granted unless the applicant shall establish that the proposed development will meet each of the following additional standards:

(a) Unified ownership required. The entire property proposed for planned unit development treatment shall be in single ownership or under such unified control as to ensure that the entire property will be developed as a unified whole. All owners of the property shall be included as joint applicants on all applications and all approvals shall bind all owners. The violation of any owner as to any tract shall be deemed a violation as to all owners and all tracts.

(b) Minimum area. The district regulations of this code establishing standards for particular types of planned unit developments specify the minimum area required for some planned unit developments. In addition to meeting that specific standard, or where no specific standard is set, the applicant shall have the burden of establishing that the subject property is of sufficient size and shape to be planned and developed as a unified whole capable of meeting the objectives for which planned unit developments may be established pursuant to this section.

[Amended 5-22-2017 by Ord. No. 2017-12]

(c) Covenants and restrictions to be enforceable by Village. All covenants, deed restrictions, easements, and similar restrictions to be recorded in connection with the planned unit development shall provide that they may not be modified, removed, or released without the express consent of the Board of Trustees and that they may be enforced by the Village as well as by future landowners within the proposed development.

(d) Public open space and contributions. Whenever the Official Comprehensive Plan, Zoning Map, or Official Map indicates that development of a planned unit development will create a need for land for public purposes of the Village within the proposed planned unit development, the Board of Trustees may require that such area be designated and, to the extent such need is specifically and uniquely attributable to the proposed development, dedicated to the Village for such use. In addition, the Board of Trustees 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 unit development.

(e) Landscaped open space.

[1] Amount, location, and use. The failure of a planned unit development to provide landscaped open space shall be considered to be an indication that it has not satisfied the objectives for which such developments may be approved pursuant to this code. When landscaped open space is provided in a planned unit development, the amount and location of such open space shall be appropriate in light of the nature of the development and intended land use, but in no event shall the amount of open space provided be less than the total area by which the individual lot sizes are reduced below the general use district requirements. No such open space shall 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 aesthetic, leisure, and recreational uses for which such open space is intended.

[2] Preservation. Adequate safeguards, including recorded covenants or dedication of development rights, shall be provided to prevent the subsequent use of landscaped 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. Such covenants and dedications may provide that they may be released, but only with the express written consent of the Board of Trustees.

[3] Ownership and maintenance. The final plan shall include such provisions for the ownership and maintenance of such 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 unit development or the Village.

[4] Property owners' association. When the requirements of the preceding subparagraph are to be satisfied by the ownership or maintenance of such open space or improvements by a property owners' association, such association shall meet each of the following standards:

[a] The bylaws and rules of the association and all declarations, covenants, and restrictions to be recorded must be approved as part of the detailed plan prior to becoming effective. Each such document shall provide that it shall not be amended in any manner that would result in it being in violation of the requirements of this Subparagraph [4]; and

[b] The association must be established and all covenants and restrictions must be recorded prior to the sale of any property within the area of the planned unit development designated to have the exclusive use of the proposed open space or improvements; and

[c] 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; and

[d] 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; and

[e] Every property owner having a right to the use or 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; and

[f] The association must have the right to adjust the assessment to meet changed needs. The membership vote required to authorize such adjustment shall not be fixed at more than 2/3 of the members voting on the issue; and

[g] The Village must be given the right to enforce the covenants; and

[h] The Village must be given the right, after 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 shall have all the rights and powers of the association and its governing body under the agreements and declarations creating the association.

(f) Landscaping and bufferyard requirements. Any area of a planned unit development not used for structures or circulation elements shall, unless included in an area designated in the final plan for the preservation of natural vegetation and protected from development and incompatible uses by covenants and restrictions satisfactory to the Board of Trustees, be landscaped or otherwise improved. All planned unit developments shall meet the bufferyard and landscaping standards set forth in § 260-907 of this code.

(g) Building spacing. No part of any building shall be closer to any part of any other building than 10 feet, plus 1/2 foot for each one foot by which either or both of such buildings exceed 25 feet in height.

(h) Private streets. Private streets are prohibited unless expressly approved by the Board of Trustees. If so approved, they shall meet all construction standards applicable to public streets. No such streets shall be approved except upon the condition that they shall be owned and maintained by a property owners' association meeting the requirements set forth in Subparagraph E(2)(e)[4] of this section.

(i) Utilities. All utility lines shall be installed underground.

(j) Compliance with subdivision regulations and Plat Act. All planned unit developments, whether or not they are by definition subject to Chapter 205, Subdivision Regulations, of the Village Code or the Illinois Plat Act (765 ILCS 205/0.01 et seq.), shall comply with all standards, regulations and procedures of Chapter 205 and the Plat Act, except as is expressly provided otherwise in this § 260-1163, or varied by the Board of Trustees pursuant to Subsection H hereof or the applicable section of Chapter 205.

(3) Additional standards for specific planned unit developments. Where the district regulations authorizing any planned unit development use in a particular district impose standards to be met by such planned unit development in such district, a special permit for such development shall not be recommended or granted unless the applicant shall establish compliance with such special standards.

[Amended 5-22-2017 by Ord. No. 2017-12]

F. Conditions on planned unit development approvals. The approval of either a development concept plan or a detailed 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 unit development, or to ensure its compatibility with surrounding uses and development and its consistency with the general purposes, goals, and objectives of this code, Chapter 205, Subdivision Regulations, of the Village Code, and the Official Comprehensive Plan; provided, however, that no such condition of detailed plan approval shall impair the rights granted by development concept plan approval. Such conditions shall be expressly set forth in the ordinance granting the approval in question. Violation of any such condition or limitation shall be a violation of this code and shall constitute grounds for revocation of all approvals granted for the planned unit development.

G. Affidavit of compliance with conditions. Whenever any planned unit development approval granted pursuant to this section is made subject to conditions or limitations to be met by the applicant, the applicant, upon meeting such conditions, shall file an affidavit with the Building Commissioner so stating.

H. Authority to vary regulations.

(1) Authority. Subject to the standards and limitations hereinafter set forth, the Board of Trustees shall have the authority, in connection with the granting of any planned unit development approval pursuant to this section, to change, alter, vary, modify, or waive any provisions of this code or of Chapter 205, Subdivision Regulations, of the Village Code as they apply to an approved planned unit development.

(2) Standards. No such change, alteration, variation, modification, or waiver shall be approved unless the Board of Trustees shall find that the proposed planned unit development:

(a) Will achieve the purposes for which planned unit developments may be approved pursuant to Subsection B of this section; and

(b) Will not violate the general purposes, goals, and objectives of this code and the Official Comprehensive Plan; and

(c) Will result in a development providing compensating amenities to the Village.

(3) Limitations. Except as provided in Paragraph H(4) of this section, no such change, alteration, variation, modification, or waiver shall be permitted with respect to the uses permitted in any district or with respect to any standard established by Subsection E of this section or with respect to any standard made specifically applicable to planned unit developments by the regulations of any particular district unless such regulations expressly authorize such a change, alteration, variation, modification, or waiver.

(4) Cumulative authority. The variation authority created by this subsection shall be in addition to the variation authority created by § 260-1153 of this code.

I. Regulation during and following completion of development. Following final plan approval, the final plan, rather than any other provision of this code, shall constitute the use, parking, loading, sign, bulk, space, and yard regulations applicable to the subject property, and no use or development, other than home occupation and temporary uses, not allowed by the final plan shall be permitted within the area of the planned unit development pursuant to the zoning district regulations otherwise applicable to such area.

J. Inspections during development.

(1) Inspections by Building Commissioner. Following approval of the final plan of a planned unit development or any stage thereof, the Building Commissioner, at least annually until the completion of development, shall review all permits issued and construction undertaken and compare actual development with the approved plans for development and with the approved development schedule.

(2) Action by Building Commissioner. If the Building Commissioner 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 Building Commissioner shall immediately notify the Board of Trustees of such fact and may, if necessary to protect the public health, safety, or welfare or to prevent further violation of this code and the final plan, issue an order stopping any and all work on the planned unit development until such time as any noncompliance is cured.

(3) Action by Board of Trustees. Within 60 days following notification by the Building Commissioner, the Board of Trustees shall either:

(a) Take such steps as it deems necessary to compel compliance with the final plan; or

(b) Require the owner or applicant to seek an adjustment to the final plan during development as provided in Subsection K of this section.

(4) Revocation. Failure of the Board of Trustees to act within the aforesaid 60 days shall, unless the owner or applicant shall have cured the noncompliance within such period, render void the final plan approval of all uncompleted portions of the planned unit development, all prior plan approvals on which such final plan approval depends, and all permits based upon such approvals, and the Building Commissioner shall, without further direction, initiate an appropriate action to revoke the special use permit for all portions of the planned unit development that have not yet been completed. The Building Commissioner shall, in addition, take such other action as may be appropriate to abate the violation.

K. Adjustments to final plan during development.

(1) Minor adjustments.

(a) During the development of a planned unit development, the Building Commissioner may authorize minor adjustments to the final plan when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development. Such minor adjustments shall be limited to the following:

[1] Altering the location of any one structure or group of structures by not more than 20 feet or 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 unit development, whichever is less; and

[2] Altering the location of any circulation element by not more than 20 feet or 1/4 of the distance shown on the approved final plan between such circulation element and any structure, whichever is less; and

[3] Altering the location of any open space by not more than 50 feet; and

[4] Altering any final grade by not more than 10% of the originally planned grade; and

[5] Altering the location or type of landscaping elements.

(b) Such minor adjustments shall be consistent with the intent and purpose of this code and the final plan, as approved, shall be the minimum necessary to overcome the particular difficulty, and shall not be approved if they would result in a violation of any standard or requirement of this code.

(2) Major adjustments. Any adjustment to the final plan not authorized by the preceding Paragraph K(1) shall be considered to be a major adjustment and shall be granted only upon application to, and approval by, the Board of Trustees. The Board of Trustees may, by ordinance duly adopted, grant approval for a major adjustment 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 Board of Trustees determines that a major adjustment is not in substantial conformity with the final plan as approved, then the Board of Trustees shall refer the request to the Plan Commission for further hearing and review as provided in Paragraph D(3) of this section.

L. Amendments to final plan following completion of development. After completion of a planned unit development, an approved final plan may be amended, varied, or altered in the same manner and subject to the same limitations, as provided for major adjustments in Subsection K of this section.

§ 260-1164 Campus development plans.

A. Authority. The Board of Trustees, in accordance with the procedures and standards set forth in this section and by ordinance duly adopted, may grant campus development plan approval to each college and/or theological seminary located in the College District.

B. Purpose. The purpose of the campus development plan process is to assure that the development of the College District remains consistent with the community character of the Village and that uses in the College District do not have a negative impact upon neighboring districts. The campus development plan technique is particularly useful and appropriate for the College District due to its relatively broad bulk regulations and serves to monitor compliance of development with the provisions of this code.

C. Campus development plan required. Each college and theological seminary located within the College District shall maintain on file with the Village at all times a current, approved campus development plan. No development shall take place in the College District unless and until such a campus development plan has been approved in accordance with the requirements of this § 260-1164, and no such development shall take place except in strict compliance with such current, approved campus development plan. Each campus development plan shall be updated and resubmitted for approval on an annual basis. No campus development plan shall be deemed to be "current" unless it shall have been approved pursuant to this section within the previous 18 months.

D. Parties entitled to seek campus development plan approval. Applications for campus development plan approval may be filed by any college or theological seminary located in the College District.

E. Procedure.

(1) Application. Applications for campus development plan approval shall be filed in accordance with the requirements of § 260-1131 of this code.

(2) Public meeting. A public meeting shall be set, noticed, and conducted by the Plan Commission in accordance with § 260-1133 of this code.

(3) Action by Plan Commission. Within 35 days following the conclusion of the public meeting, the Plan Commission shall transmit to the Board of Trustees its recommendation, in the form specified in § 260-1103H of this code, recommending either approval of the campus development plan or disapproval based on one or more of the standards set forth in Paragraph F(1) of this section. In the case of any recommendation for disapproval, suggestions as required by Paragraph F(2) of this section shall be provided. The failure of the Plan Commission to act within 35 days, or such further time to which the applicant may agree, shall be deemed to be a recommendation for approval of the campus development plan as submitted.

(4) Action by Board of Trustees. Within 60 days following the receipt of the recommendation of the Plan Commission, or its failure to act as above provided, the Board of Trustees, by ordinance duly adopted, shall approve the campus development plan as submitted, or shall make modifications acceptable to the applicant and approve such modified campus development plan, or shall disapprove it in the manner hereinafter specified either with or without a remand to the Plan Commission for further consideration. The failure of the Board of Trustees to act within 60 days, or such further time to which the applicant may agree, shall be deemed to be a decision denying campus development plan approval.

F. Standards for campus development plan disapproval.

(1) Standards. The Board of Trustees shall not disapprove, and the Plan Commission shall not recommend disapproval of, a campus development 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.

(b) The proposed campus development plan fails to adequately meet specified standards required by this code with respect to the proposed use or development, including special use standards where applicable, or contains or reveals violations of this code or other applicable regulations that the applicant, after written request, has failed or refused to supply or correct.

(c) The proposed campus development plan unreasonably destroys, damages, detrimentally modifies, or interferes with the enjoyment of significant natural, topographical, or physical features of the site.

(d) The proposed campus development plan is unreasonably injurious or detrimental to the use and enjoyment of surrounding property.

(e) The proposed campus development plan creates undue traffic congestion or hazards, or the circulation elements of the proposed campus development plan unreasonably create hazards to safety on or off campus or disjointed, inefficient pedestrian or vehicular circulation paths on or off campus.

(f) The proposed landscaping plan fails to provide adequate bufferyards, landscaping, and screening in a manner that will achieve the goals of the Comprehensive Plan and the purposes set forth in § 260-907A of this code; or the proposed campus development plan fails to show compliance with the approved landscaping plan.

(g) The proposed structures are unreasonably lacking amenity in relation to, or are incompatible with, nearby structures and uses.

(h) The proposed campus development plan creates unreasonable drainage or erosion problems or fails to fully and satisfactorily integrate the campus into the overall existing and planned drainage system serving the Village.

(i) The proposed campus development plan places unwarranted or unreasonable burdens on specified utility systems serving the site or area or fails to fully and satisfactorily integrate campus utilities into the overall existing and planned utility systems serving the Village.

(j) The proposed campus development plan otherwise adversely affects the public health, safety, or general welfare.

(2) Alternative approaches. In citing any of the foregoing standards other than Subparagraph (1)(a) as the basis for disapproving a campus development plan, the Plan Commission or the Board of Trustees shall suggest alternate approaches that could be developed to avoid the specified deficiency or shall state the reasons why such deficiency cannot be avoided consistent with the applicant's objectives.

G. Effect of campus development plan approval.

(1) Approval of a campus development plan shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall 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.

(2) A copy of every approved campus development plan shall be filed with the Building Commissioner, and all development shall be in substantial conformity with such approved and filed plan.

H. Changes in campus development plan. An approved campus development plan may be amended, varied, or altered only in the same manner hereinabove provided for original approval of campus development plans.

I. Long-range plans. Each college and theological seminary located within the College District may, as an adjunct to its Campus development plan, develop and present to the Village a plan for the purposes of setting long-range goals and future development concepts that may be developed in detail in a future campus development plan. Such long-range plan shall first be presented to the Plan Commission, which shall review the plan and offer such comments and proposed changes to the long-range plan as it deems desirable. Following Plan Commission review and its report to the Village Board, the Village Board may accept such long-range plan by resolution, provided that such acceptance shall not be deemed approval of the long-range plan to the extent that such plan is not consistent with an approved campus development plan, and provided further that such long-range plan shall not supplant this code's requirement to maintain an approved campus development plan in accordance with § 260-1164. Acceptance of a long-range plan shall not bind an applicant or the Village as to the development or approval of future campus development plans.

[Added 7-9-2001 by Ord. No. 2001-15]

§ 260-1165 Site plan review.

A. Authority. The Board of Trustees, in accordance with the procedures and standards set out in this section and by ordinance duly adopted, may grant site plan approval to uses and developments requiring such approval pursuant to Subsection C of 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 code 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 approval required. Site plan approval shall be required in connection with any development in the Village other than construction of any new building or the alteration, enlargement, or remodeling of any existing building within the A or B District on a lot created prior to the effective date of this code.

D. Parties entitled to seek site plan approval. Applications 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) Application. Applications for site plan approval shall be filed in accordance with the requirements of § 260-1131 of this code.

(2) Public meeting. A public meeting shall be set, noticed, and conducted by the Plan Commission in accordance with § 260-1133 of this code.

(3) Action by Plan Commission. Within 35 days following the conclusion of the public meeting, the Plan Commission shall transmit to the Board of Trustees its recommendation, in the form specified in § 260-1103H of this code, recommending either approval of the site plan or disapproval based on one or more of the standards set forth in Paragraph F(1) of this section. In the case of any recommendation for disapproval, suggestions as required by Paragraph F(2) of this section shall be provided. The failure of the Plan Commission to act within 35 days, or such further time to which the applicant may agree, shall be deemed to be a recommendation for approval of the site plan as submitted.

(4) Action by Board of Trustees. Within 60 days following the receipt of the recommendation of the Plan Commission, or its failure to act as above provided, the Board of Trustees, by ordinance duly adopted, shall approve the site plan as submitted, or shall make modifications acceptable to the applicant and approve such modified site plan, or shall disapprove it in the manner hereinafter specified, either with or without a remand to the Plan Commission for further consideration. The failure of the Board of Trustees to act within 60 days, or such further time to which the applicant may agree, shall be deemed to be a decision denying site plan approval.

F. Standards for site plan disapproval.

(1) Standards. The Board of Trustees shall not disapprove, and the Plan Commission shall not recommend disapproval of, 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.

(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 code with respect to the proposed use or development, including special use standards where applicable, or contains or reveals violations of this code or other applicable regulations that the applicant, after written request, has failed or refused to supply or correct.

(d) The proposed site plan interferes with easements or rights-of-way.

(e) The proposed site plan unreasonably destroys, damages, detrimentally modifies, or interferes with the enjoyment of significant natural, topographical, or physical features of the site.

(f) The proposed site plan is unreasonably injurious or detrimental to the use and enjoyment of surrounding property.

(g) The proposed site plan creates undue traffic congestion or hazards in the public streets, or the circulation elements of the proposed site plan unreasonably create hazards to safety on or off site or disjointed, inefficient pedestrian or vehicular circulation paths on or off site.

(h) The screening of the site does not provide adequate shielding from or for nearby uses.

(i) The proposed structures or landscaping is unreasonably lacking amenity in relation to, or is incompatible with, nearby structures and uses.

(j) In the case of site plans submitted in connection with an application for a special use permit, the proposed site plan makes inadequate provision for the creation or preservation of open space or for its continued maintenance.

(k) The proposed site plan creates unreasonable drainage or erosion problems or fails to fully and satisfactorily integrate the site into the overall existing and planned drainage system serving the Village.

(l) The proposed site plan places unwarranted or unreasonable burdens on specified utility systems serving the site or area or fails to fully and satisfactorily integrate the site's utilities into the overall existing and planned utility systems serving the Village.

(m) The proposed site plan does not provide for required public uses designated on the Official Map.

(n) The proposed site plan otherwise adversely affects the public health, safety, or general welfare.

(2) Alternative approaches. In citing any of the foregoing standards, other than those of Subparagraphs (1)(a) and (1)(b), as the basis for disapproving a site plan, the Plan Commission or the Board of Trustees shall suggest alternate site plan approaches that could be developed to avoid the specified deficiency or shall 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 shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall 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.

(2) A copy of every approved site plan shall be filed with the Building Commissioner, and the development of the site shall 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 Building Commissioner pursuant to § 260-1101K of this code, no site plan approval shall 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.

I. Adjustments to site plan during development.

(1) Minor adjustments.

(a) During the development of the site, the Building Commissioner may authorize minor adjustments to a site plan when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development. Such minor adjustments shall be limited to the following:

[1] Altering the location of any one structure or group of structures by not more than 20 feet or 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 20 feet or 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 50 feet.

[4] Altering any final grade by not more than 10% of the originally planned grade.

[5] Altering the location or type of landscaping elements.

(b) Such minor adjustments shall be consistent with the intent and purpose of this code and the site plan as approved, shall be the minimum necessary to overcome the particular difficulty, and shall not be approved if they would result in a violation of any standard or requirement of this code.

(2) Major adjustments. Any adjustment to a site plan that is not authorized by the preceding Subparagraph (1)(a) shall be considered to be a major adjustment and shall be granted only upon application to and approval by the Board of Trustees. The Board of Trustees, by ordinance duly adopted, may grant approval for a major adjustment without referral to the Plan Commission upon finding that any changes in the site plan as approved will be in substantial conformity with said site plan. If the Board of Trustees determines that a major adjustment is not in substantial conformity with the site plan as approved, then the Board of Trustees shall refer the request to the Plan Commission for further consideration and review as provided in Subsection E of this section.

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 original approval of site plans.

§ 260-1166 Architectural review.

[Amended 1-26-2004 by Ord. No. 2004-04; 11-8-2004 by Ord. No. 2004-21; 4-25-2005 by Ord. No. 2005-08; 9-27-2010 by Ord. No. 2010-33; 11-12-2013 by Ord. No. 2013-21; 11-13-2017 by Ord. No. 2017-33]

A. Authority. The architectural review function of the Village shall be conducted in accordance with the procedures and standards set out in this section. The Village Manager may grant architectural review approval of developments qualifying for Level I architectural review under Subparagraph E(2)(b)[1] and [2] of this section. The Architectural Review Commission may, as a matter of original jurisdiction and in accordance with the procedures and standards set out in this section, grant architectural review approval to developments requiring Level II architectural review pursuant to Subparagraph E(2)(b)[2] of this section. In cases of appeal from a denial of approval by the Architectural Review Commission, the Board of Trustees, by ordinance duly adopted, may grant architectural approval in accordance with the procedures and standards set out in this section.

B. Purpose and goals. The purpose of the architectural review process is to protect, preserve, and enhance the natural and architectural environment of the Village, to protect and enhance property values, and to promote the health, safety, and welfare of the Village and its residents. It is the goal of these regulations that each new building or building modification added to Bannockburn should complement and improve upon the architectural heritage of the Village and continue to allow the natural landscape of the Village to predominate over its built environment.

C. Architectural review required. Architectural review (whether Level I review conducted by the Village Manager or Level II review conducted by the Architectural Review Commission) shall be required in connection with the construction of any new building, including a new or enlarged patio, exterior and outdoor lighting system, sign, fence, or wind energy system, or the alteration, enlargement, or remodeling of any existing building, patio, exterior and outdoor lighting system, sign, fence, or wind energy system (except for interior alterations and remodeling and like-for-like repair or replacement of existing exterior structures) within the Village (collectively, for purposes of this § 260-1166, a "qualifying project") unless such requirement shall have been waived by the Board of Trustees as provided in Subparagraph E(1)(c) below.

D. Parties entitled to seek architectural review. Applications for architectural review may be filed by the owner of, or any person having a contractual interest in, the subject property.

E. Procedure.

(1) Architectural review.

(a) Pre-application meeting. A prospective applicant shall meet with the Village Manager or the Manager's designee to review the architectural review and development approval process, application requirements, and address questions prior to submitting an application for architectural review.

(b) Application. Applications for an architectural review permit shall be filed in accordance with the applicable requirements of § 260-1131 of this code.

(c) Other approvals required prior to architectural review. In any case where the proposed work requires the issuance of a sign permit, special use permit, variation, or other zoning approval, no architectural review permit shall be granted unless and until such sign permit, special use permit, variation, or other approval has been issued. The issuance of any such sign permit, special use permit, variation, or other approval shall not be deemed to establish any right to the issuance of an architectural review permit; provided, however, that the Board of Trustees, upon the affirmative vote of four Trustees, may waive the requirement of architectural review in connection with the approval of any sign permit, special use permit, variation, or other approval upon finding that the standards and considerations for architectural review have been fully addressed as part of its deliberations.

(2) Review; hearing.

(a) The architectural review process shall be conducted under either Level I review or Level II review as set forth in this Paragraph E(2).

(b) Upon receipt of an application for an architectural review permit, the Village Manager shall determine whether Level I review or Level II review is required for the application based on the following criteria:

[1] A qualifying project within the A or B Residential District may be approved pursuant to Level I architectural review, unless it includes one or more of the following:

[a] Construction of a new principal building;

[b] Enlargement of an existing building or structure by 400 square feet or more on or after November 13, 2017 (whether as result of a single addition or the aggregate square footage of two or more additions);

[c] Construction or alteration of a fence; or

[d] Any other qualifying project that the Village Manager determines should be subject to Level II review as a result of its size, scope, complexity, visual impact, or potential effects on neighboring properties or owners.

[2] A qualifying project within any zoning district other than the A or B Residential District may be approved pursuant to Level I architectural review to the extent it relates only to:

[a] Signage that otherwise complies with the requirements of the Zoning Code;

[b] Changes in parking lots and related improvements that otherwise comply with the requirements of the Zoning Code;

[c] Fences that satisfy the applicable setback for accessory structures and that otherwise comply with the requirements of the Zoning Code; or

[d] Accessory structures not exceeding 120 square feet in gross floor area that otherwise comply with the requirements of the Zoning Code.

[3] Level II architectural review shall be required for any qualifying project that does not qualify for Level I review under Subparagraph E(2)(b)[1] or [2] above.

(c) Level I architectural review process.

[1] Meeting. Within 21 days following receipt of a completed application that qualifies for Level I Review, the Village Manager shall schedule a meeting with the applicant (including the applicant's design consultants relating to the application), and such Village consultants or personnel as the Village Manager deems necessary or desirable. In addition, the Village Manager may consult with the Building Commissioner and the Chair of the Architectural Review Commission (or the Chair's designated member of the Architectural Review Commission) either during the scheduled meeting or otherwise.

[2] Review. During the Level I architectural review meeting, the Village Manager shall review with the applicant the elements of the application, whether the application is zoning compliant, as well as all required steps in the development process. If the Village Manager determines that the proposed work requires issuance of a sign permit, special use permit, variation, or other zoning approval prior to issuance of an architectural review permit, then the Village Manager shall refer the application to such Village body as may be required to secure the other required approval or approvals.

[3] Action by the Village Manager.

[a] After conducting the Level I architectural review meeting, the Village Manager shall grant Level I architectural review approval, with or without conditions, if the Village Manager determines that:

[i] The application qualifies for Level I architectural review;

[ii] The applicant has obtained any and all other approvals required by Subparagraph E(1)(c), above;

[iii] The application is zoning compliant; and

[iv] The application satisfies the purposes and goals of this section, as reflected in Subsection 260-1166F.

[b] Otherwise, the Village Manager shall either deny the application or refer it to the Architectural Review Commission for Level II architectural review. The Village Manager shall notify the applicant in writing regarding the Level I review decision.

[4] Referral for Level II architectural review. If, as a result of the Level I architectural review meeting, the Village Manager determines that the application should be subject to Level II architectural review under Subparagraph E(2)(b)[1][e], then the Village Manager shall refer the application to the Architectural Review Commission. Thereafter, the procedures for Level II architectural review, as set forth in Subparagraph E(2)(d), shall apply to approval or denial of the application.

[5] Appeal of Level I architectural review action. Any applicant who objects to a decision by the Village Manager; (a) disapproving an application; or (b) approving an application subject to conditions that are unacceptable to the applicant, may, within 21 days after the date that the Village Manager notifies the applicant of such decision, appeal the decision by requesting a Level II architectural review before the Architectural Review Commission.

(d) Level II architectural review process.

[1] Hearing. Following receipt of a completed application that requires Level II architectural review, a public hearing shall be set (for a date not later than 45 days after the receipt of a completed application), noticed, and conducted by the Architectural Review Commission in accordance with § 260-1133 of this code. If a hearing is not commenced within the required time period, the application shall be deemed approved. If less than a quorum is present at the hearing scheduled pursuant to § 260-1133, the application shall be deemed approved.

[2] Action by Architectural Review Commission. Except as otherwise provided in Subsection 260-1104H, at the conclusion of the public hearing (which may be continued by motion of the Commission), the Architectural Review Commission shall vote in public whether to approve, disapprove, or conditionally approve the application in the manner and form specified by § 260-1104 of this code. The failure of the Commission to act at the conclusion of the hearing or such further time to which the applicant may agree shall be deemed to be an approval of the application. The Staff Secretary shall notify the applicant in writing of the Commission's decision. Such notice shall state that the applicant has the right to appeal the decision to the Board of Trustees.

(3) Appeals to the Board of Trustees.

(a) Application.

[1] An application for appeal from a decision of the Commission may be filed in the following circumstances and shall include all items required by Paragraph 260-1131E(15) of this code:

[a] An appeal may be filed by an applicant from decision of the Architectural Review Commission disapproving an application or approving an application subject to conditions that are unacceptable to the applicant, within 45 days following such disapproval or approval subject to conditions; or

[b] An appeal may be filed by a member of the Village Board from any decision under either Level I or Level II architectural review approving or conditionally approving an application, within 14 days following such approval. A Village Board member shall initiate such appeal by notifying the Building Commissioner, the Village President, or the Village Manager of his or her desire to appeal the decision. At least seven days prior to the hearing on such appeal, the Village Manager shall provide notice to the applicant of the hearing. Upon receipt of notice of such an appeal, the decision of the Village Manager or Architectural Review Commission shall be stayed; no building permit or any other permit shall be issued to the applicant until the Board of Trustees has made a final decision on the appeal.

[2] The Village President shall set a date for a hearing on an appeal filed pursuant to Subparagraph [a] or [b] above by the Board of Trustees, which hearing shall be held no later than 49 days after the filing of the appeal.

(b) Hearing on appeal. At the hearing on appeal, the Board of Trustees shall permit the applicant to speak in support of the application, and to present any additional evidence relating thereto. The Board of Trustees may also consider testimony from the Building Commissioner, members of the Commission, or any other interested person.

[1] At the conclusion of the hearing, the Board of Trustees shall consider the record on appeal, the testimony presented on appeal, and any other evidence and determine whether the architectural review decision is consistent with the architectural review standards set forth in Subsection 260-1166F. The Board shall then vote on whether to affirm, reverse, or modify the architectural review decision in question, or to remand the application for further review by the Architectural Review Commission.

[2] For any appeal, to reverse or modify an architectural review decision in whole or in part, the affirmative vote of at least four Trustees shall be required. Any other action on appeal may be taken by the concurrence of a majority of Trustees present.

[3] The Village shall notify the applicant in writing of the Board's decision on appeal. Except in the case of a vote to remand, such notice shall state the Board's decision is final.

(c) Remand to Commission. In the case of a vote by the Board for remand of an application, the Chairperson of the Commission shall be so notified and shall set a date for a new architectural review hearing. Such date shall be no later than 28 days after the Board's decision to remand, unless the applicant waives or extends the twenty-eight-day period in writing. If the hearing is not commenced within such period, the application shall be deemed approved. In all other respects, the hearing on remand shall be conducted in the same manner as any other architectural review hearing.

(d) Judicial review. Any final decision on an application by the Board of Trustees shall represent an exhaustion of local remedies for purposes of judicial review of such decision.

F. Standards and considerations for architectural review. In passing upon applications for architectural review permits, the Village Manager (for applications that qualify for Level I architectural review), the Commission (for applications that require Level II architectural review), and the Board of Trustees (in the case of an appeal) shall consider and evaluate the propriety of issuing said permit in terms of its effect on the stated purposes and goals of architectural review. To that end, the Village Manager, Commission, and Board of Trustees shall consider the appearance of a proposed construction, alteration, enlargement, or remodeling project in terms of the quality of its design and the relationship to its surroundings. A proposed project should harmonize with and support Bannockburn's unique character, with special consideration accorded the preservation and enhancement of landmarks and the preservation and enhancement of natural features, including without limitation existing trees and landscaping. Furthermore, a project should be consistent with all of the ordinances and regulations of the Village, including without limitation the Bannockburn Zoning Code, Comprehensive Plan, and Tree Ordinance.[1] In addition, the Village Manager, Commission, and Board shall consider, among other factors, the following particulars:

(1) Landmarks.

(a) The quality of landmarks should be preserved by avoiding excessively similar or dissimilar nearby buildings that detract from a landmark's uniqueness.

(b) Landmarks should not be dwarfed or obstructed from view by nearby buildings.

(2) Site plan.

(a) The site should be planned to meet, if not exceed, setbacks and to establish, protect, and enhance bufferyards between properties and to minimize disturbance to the natural landscaping on the site. Further, the project should be designed to preserve and enhance natural features on the site, including without limitation existing trees, wooded areas, bufferyards, and landscaping.

(b) Access to the site and circulation thereon should be safe and convenient for pedestrians, cyclists, and vehicles.

(c) Driveways should be located to maintain adequate space between cuts in the streetscape.

(d) Driveway and parking areas should be screened to reduce visual intrusions into surrounding properties and to enhance the secluded appearance of the Village.

(e) Screening or fencing should be consistent in design and materials with the principal buildings on the subject and adjacent properties.

(f) Monotony should be avoided.

(g) Exterior lighting should be designed to be consistent with the Village's dark-at-night character and shall, at a minimum, comply with the lighting restrictions contained in the Bannockburn Zoning Code.

(3) Elevations.

(a) The scale and height of the project should be visually compatible with the landscaping and topography of the site and with buildings on the site and in the surrounding area.

(b) The relationship of solids to voids in the front facade of a project should be visually compatible with buildings, public ways and places to which it is visually related.

(c) The visual continuity of roofs and their contributing elements (such as parapet walls, coping, and cornices) shall be maintained in building development or redevelopment.

(d) Monotony should be avoided.

(e) Garage doors should be designed, whenever possible, so that the doors are not facing the front yard of the site.

(f) Fences should be installed, whenever possible, with structural elements facing interior to the property that is the subject of the application and set back at least three inches from the property line; provided, however, that these standards may be altered if deemed appropriate in light of existing perimeter fences on adjacent properties or with the consent of adjacent property owners.

(4) Landscaping.

(a) Landscaping plans should be consistent with the natural environment of the site, adjacent properties, and the surrounding area; provided that, when a site is open, suitable landscaping consistent with the wooded nature of the Village should be provided.

(b) Existing natural features should be appropriately preserved and integrated into the project. Under appropriate circumstances, a conservation strip consisting of landscaping and natural growth but excluding lawns and any impervious surface between adjacent properties would promote this objective.

(c) The project should be designed to meet, if not exceed, the bufferyard requirements of the Bannockburn Zoning Code to maximum screening and buffering in order to protect neighboring properties from the project.

(5) Type, color and texture of materials.

(a) Materials should be new and of first-rate quality.

(b) Materials should be selected for both their durability and beauty.

(c) Colors of the materials for the project should be harmonious with only compatible accents.

(d) A project that is obviously incongruous with its surroundings or unsightly and grotesque should be avoided.

(e) A project whose design or color may be distracting to vehicular traffic so as to cause a safety hazard should be avoided.

(6) Vicinity map.

(a) The building layout should maximize the distance between buildings on the site and buildings on adjacent properties.

(b) The building layout should maintain appropriate distances between buildings on the site itself.

(c) The size, scale, and nature of a building or project should not be inconsistent with the planned Village character for the area as expressed in the Comprehensive Plan; nor shall such building or project cause a substantial depreciation in the property values of adjacent buildings, the neighborhood, or the Village.

(d) The project should not unduly detract from the natural environment of the site, adjacent properties, or the surrounding area.

These criteria are not intended to restrict imagination, innovations, or variety, but rather seek to preserve and enhance Bannockburn's unique character.

[1] Editor's Note: See Ch. 216, Trees and Woodland Preservation.

G. Manuals and guidelines. The Commission may from time to time provide for specific manuals or guidelines for architectural styles or common-occurring buildings or site features and elements to assist applicants for architectural review permits. Such manuals or guidelines shall be advisory only and shall not bind the applicant, the Village Manager, the Commission, nor the Board of Trustees with respect to any specific case.

H. Affidavit of compliance with conditions. Whenever an architectural review permit issued pursuant to this section is made subject to conditions to be met by the applicant, the applicant, upon meeting such conditions, shall file an affidavit with the Building Commissioner stating such compliance.

I. Limitation on permits. An architectural review permit shall become null and void six months after the date on which it was issued unless within such period the work authorized by such certificate is commenced. An architectural review permit shall relate solely to the work shown on plans approved by the issuance of such permit and it shall be unlawful for any person to deviate from such plans without obtaining an amended permit in the same manner as herein provided for obtaining original permits.

§ 260-1167 Sign permits.

A. Authority. The Building Commissioner may, in accordance with the procedures and standards set out in this section, grant sign permits authorizing the construction and maintenance of signs, subject to the regulations of § 260-906 of this code and the standards stated in this section.

B. Purpose. The sign regulations and standards set forth in this code are intended to protect the health, safety, and welfare of Village residents by establishing specific conditions and limitations on development of all signs in the Village. The sign permit process is designed to ensure that all such regulations and standards have been satisfied.

C. Parties entitled to seek sign permits. An application for a sign permit may be filed by the owner of, or any person having a contractual interest in, the property on which the sign is proposed to be located.

D. Procedure.

(1) Application. Applications for sign permits shall be filed in accordance with the requirements of § 260-1131 of this code.

(2) Action by Building Commissioner. Within 60 days following the proper filing of a completed application, the Building Commissioner shall either grant the sign permit or, by written notice stating the reasons therefor, deny the application or grant the application with modifications or conditions. The failure of the Building Commissioner to act within 60 days, or such further time to which the applicant may agree, shall be deemed to be a decision granting the sign permit.

E. Standards for sign permits. No sign permit shall be granted pursuant to this section unless the applicant shall establish that:

(1) Visual compatibility: the proposed sign will be visually compatible with the building on which the sign is proposed to be located and surrounding buildings and structures in terms of height, size, proportion, scale, materials, texture, colors, and shapes.

(2) Quality of design and construction: the proposed sign will be constructed and maintained with a design and materials of high quality and good relationship with the design and character of the neighborhood.

(3) Appropriateness to activity: the proposed sign is appropriate to and necessary for the activity to which it pertains.

(4) Appropriateness to site: the proposed sign will be appropriate to its location in terms of design, landscaping, and orientation on the site, and will not create a hazard to pedestrian or vehicular traffic, detract from the value or enjoyment of neighboring properties, or unduly increase the number of signs in the area.

F. Conditions on sign permits. The Building Commissioner may impose such conditions and limitations concerning construction and maintenance upon the grant of a sign permit as may be necessary or appropriate to ensure satisfaction of the standards set forth in this section and the purposes and objectives of this code and to minimize any adverse effects upon other property in the vicinity. Such conditions shall be expressly set forth in the sign permit. Violation of any such condition or limitation shall be a violation of this code and shall constitute grounds for revocation of the sign permit.

G. Effect of issuance of a sign permit. The grant of a sign permit shall not authorize construction or maintenance of any sign, but shall merely authorize the preparation, filing, and processing of applications for any other permits or approvals that may be required by the codes and ordinances of the Village, including but not limited to a building permit and architectural review permit.