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.
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.
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.
(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.
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:
(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.
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]
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.
[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:
[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:
(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.
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.
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.