A.
The Board of Zoning Appeals may, in accordance with the procedure
set forth in this article, grant special permits and variances from
the operations of the regulations of this code for the buildings,
structures, and uses specified in this article, provided, in each
case, that:
(1)
The special permit or variance is in substantial harmony with the purposes and intent hereof as declared in § 360-2.
(2)
The special permit or variance substantially complies with the specific
requirements therefor as set forth in this article and for the district
in which the use is located.
(3)
Satisfactory evidence is presented to the Board that the present
or proposed situation of the building, structure, development or use
is reasonably necessary for the convenience and welfare of the public.
B.
In granting any special permit or variance, the Board may impose
(in addition to other requirements) conditions for the reasonable
protection of the immediate neighborhood or the Village from adverse
effects of the use or building involved.
A.
The site location of any building, structure, or use permitted by
a special permit or variance shall have a compatible relationship
to the established street system and shall be such as to impose no
greater traffic burden on streets than the streets can reasonably
bear.
B.
The site of any building, structure or use permitted by a special
permit or variance may be located partly outside the Village limits,
provided that applicable requirements of the Village relative to utility
permits and extensions and to annexation are complied with, and provided,
further, as to such part of the site outside the Village limits.
The Board of Zoning Appeals may permit any building, structure or use of the Village, the county, the township, public school district, university, or any state or federal agency, or public utility in either a governmental or proprietary capacity, in any zoning district as the Board deems necessary for the convenience and welfare. Such building, structure or use shall be subject to such of the requirements of the district wherein the building, structure or use is situated and to such of the other regulations applying to uses permitted in the development as the Board deems necessary to comply with the general provisions of § 360-46 and § 360-47 and to assure compatibility of the development with the character of its locality.
A.
Hearing and action on application.
(2)
If the application is granted, a copy of the final plan shall be
placed on file within the Village, clearly noting all conditions of
approval and the date approved for issuance of a permit. If the application
is denied, the applicant shall not again apply for a permit for substantially
the same proposal unless there has occurred a substantial change of
circumstances, and in such case only with the Board's consent first
obtained; otherwise, not earlier than one year after the date of the
denial. If the application is referred back for modification, the
applicant may resubmit the application in accordance with the directions
of the Board, if any; otherwise, in time for the next regular meeting
of the Board.
B.
The Board of Zoning Appeals may revoke a permit issued under this
article if: 1) the proposal for which a permit has been issued is
not carried out pursuant to the approved final site plan; or 2) any
condition or requirement included in the permit is not complied with.
The Board may, however, allow modifications of the final plan, before
completion, in conformity with the applicable provisions for review
as provided for in this article.
C.
A permit issued under this article shall expire if the proposal authorized
by the permit is not completed within the development schedule therefor
included in the application, or expiration.
D.
After the final plan has been completed, it shall be a permanent
site plan and shall not be modified, nor shall any additions be made
thereto, except with the applicable provisions of this article.
(See 65 ILCS 5/11-13-7.)
A.
General. No use variance or special permit under this article shall
be granted by the Board of Zoning Appeals except in accordance with
the procedure set forth in this section.
B.
Application; preliminary site plan. Application for a use variance
or special permit under this article shall be made to the Board of
Zoning Appeals on a form approved and furnished by the Board. Such
application shall include, among other pertinent information, two
copies of a preliminary site plan of the proposed site, to scale,
showing:
(1)
The location, dimensions and character of all present and/or proposed
buildings, structures and uses;
(2)
The location of adjacent pedestrian and vehicular traffic circulation;
(3)
The location of off-street parking and off-street loading;
(4)
Type of proposed surfacing material for accessways and parking;
(5)
Plan for pedestrian and vehicular traffic within the subject area,
with consideration given to the established street system serving
the subject area and to emergency vehicle access to each building;
(6)
Perspectives of structures or other such drawings necessary to indicate
the relative compatibility with the immediate neighborhood as well
as within the subject area;
(7)
General landscaping and screening plan;
(8)
Location of public or private utilities proposed to serve the subject
area;
(9)
Proposed finished grade of the site; and
(10)
Development schedule providing reasonable guarantees for the
completion of the proposed development or other construction according
to the development schedule.
