[Ord. No. 19-2020, 6-8-2020]
This division establishes a procedure to ensure timely, competent review of site plans as a means of determining whether such plans comply with the applicable regulations of this zoning chapter, and to enable the Village to plan for and review certain proposed improvements of property in order to:
(a) 
Implement community policies on physical development;
(b) 
Provide for efficient, rational allocation of scarce facilities and resources;
(c) 
Promote economy and efficiency in the provision and improvement of municipal services through the regulation of development;
(d) 
Ensure the orderliness, quality and character of the development of property in the Village, prevent foreclosure of future development opportunities, and facilitate coordination of land usage with planned and available facilities and resources; and
(e) 
Ensure the fiscal health, stability, and security of the Village in regards to the potential tax base increase or decrease from the proposed development in comparison to the Village's financial obligations through development agreements or assumed future maintenance responsibilities. When the proposed development is in a Tax Increment District (TID), this review can include a review of the ability to meet TID projections or financial obligations.
[Added 2-28-2022 by Ord. No. 11-2022]
[Ord. No. 19-2020, 6-8-2020]
Site plan review is required for all multifamily, mixed-use and nonresidential development.
[Ord. No. 19-2020, 6-8-2020]
Applications must be submitted to the Community Development Director. All applications must include plans and other information necessary to allow for thorough review of the proposed plans, as indicated on the site plan submittal checklists developed by the Community Development Director.
[Ord. No. 19-2020, 6-8-2020; amended 8-28-2023 by Ord. No. 17-2023]
(a) 
Administrative site plans. This zoning chapter refers to site plan applications that meet the following criteria as "administrative site plans" and follow a one-step approval process: review and final action by the Community Development Director:
(1) 
Residential buildings that comply with the zoning chapter.
(2) 
Mixed-use and nonresidential lot and building changes below 5,000 square feet.
(3) 
Solar energy systems occupying less than 40 acres.
(4) 
Changes to parking and access plans, outdoor lighting plans, landscaping plans, or other plans required under Article 400: Village-Wide Regulations.
(b) 
Plan Commission site plans. All site plan applications not classified as administrative site plans are referred to as "Plan Commission site plans" and must follow a two-step approval process: 1) review and recommendation by staff, and 2) review and final action by the Plan Commission. This zoning chapter requires Plan Commission site plan review for projects and activities for which the zoning chapter expressly requires a Plan Commission review.
[Ord. No. 19-2020, 6-8-2020]
(a) 
Preapplication meeting. Before filing a site plan application, the applicant or the applicant's authorized agent must meet with the Community Development Director to discuss the proposed site plan and the applicable procedures.
(b) 
Department and agency comments. Following receipt of a complete site plan application, the Community Development Director is authorized to request comments from any Village departments and external agencies who have regulatory responsibility or related interests in the review of the proposed site plan.
(c) 
Administrative site plans.
Figure 90-540-1
Administrative Site Plan
(1) 
After review of a complete site plan application, the Community Development Director must make a final decision or provide comments to the applicant. The Community Development Director is authorized to:
a. 
Approve the site plan;
b. 
Approve the site plan with conditions:
c. 
Deny approval of the site plan;
d. 
Provide comments to the applicant identifying modifications that will allow for approval of the site plan; or
e. 
Forward the site plan to the Plan Commission for review and a decision in accordance with the Plan Commission site plan review procedures of this division.
(2) 
If an application for an administrative site plan is denied, the reasons for denial must be provided to the applicant in writing.
(3) 
If a site plan is denied, a new application may be submitted for consideration.
(4) 
If an administrative site plan requires revisions for approval, the applicant must revise the site plan in accordance with administrative comments. To be considered for further review, the applicant must resubmit the revised site plan along with an explanation of how each administrative comment was addressed. Upon receipt of a complete resubmittal package, the Community Development Director must provide any written administrative comments that require further revision or provide acknowledgment that all administrative comments have been satisfied.
(5) 
Once an administrative site plan has satisfied all administrative comments, the Community Development Director will issue an approval memo.
(6) 
The Community Development Director will retain a copy of the approved site plan in the Department's permanent files.
(d) 
Plan Commission site plans.
Figure 90-540-2
Plan Commission Site Plan
(1) 
Upon receipt of a complete application for approval of a Plan Commission site plan, the Community Development Director must review the proposed site plan, obtain any department or agency comments and share all administrative review comments with the applicant.
(2) 
To be considered for further review, the applicant must resubmit any revised site plan along with an explanation of how each administrative comment was addressed. Upon receipt of a complete resubmittal package, the Community Development Director must provide any written administrative comments that require further revision or establish a date for a review by the Plan Commission.
(3) 
The Plan Commission must take action to approve the proposed site plan, approve the proposed site plan subject to conditions or deny approval of the proposed site plan within 60 days of the date of latest site plan submittal unless the required time frame for action is waived by the applicant.
(4) 
If an application for Plan Commission site plan approval is denied, the reasons for denial must be stated in writing, specifying the aspects of the plan that are not in compliance with applicable regulations. If a site plan application is denied, a new application may be submitted for further consideration.
(5) 
If a Plan Commission site plan is approved subject to specific conditions and all administrative review comments, the applicant must revise the site plan in accordance with those conditions and comments and resubmit the plan for review. The Community Development Director must act on all resubmitted Plan Commission site plans within 20 business days of their receipt.
(6) 
If a Plan Commission site plan is approved, the applicant must submit signed and dated digital and reproducible copies of the site plan to the Community Development Director, and the Community Development Director will issue a written approval.
(7) 
The Community Development Director will retain a copy of the approved site plan in the Department's permanent files..
[Ord. No. 19-2020, 6-8-2020]
An approved site plan becomes effective upon certification by the Community Development Director. If an appeal is filed, a site plan does not become effective until all appeals have been decided.
[Ord. No. 19-2020, 6-8-2020]
An approved site plan will lapse and have no further effect one year after it is approved, unless:
(a) 
A building permit has been issued (if required);
(b) 
The use or structure has been lawfully established; or
(c) 
A different lapse of approval period or point of expiration has been expressly established by the decisionmaking body.
[Ord. No. 19-2020, 6-8-2020]
(a) 
No permit may be issued for any development requiring site plan approval until a site plan has been submitted and approved for such development in accordance with this division.
(b) 
No permanent certificate of occupancy may be issued for such development until all terms and conditions of the approved site plan have been satisfactorily completed or provided for.
(c) 
Construction, grading, or other development activities may be carried out only in compliance with the approved site plan.
(d) 
When a site plan has been approved for property pursuant to this section, the property must be used and maintained in compliance with the approved site plan. No person may use property in a manner or physical condition that does not conform to the approved site plan for such property.
[Ord. No. 19-2020, 6-8-2020]
(a) 
An approved site plan may be amended in accordance with the site plan review procedures of this section. However, the Community Development Director is authorized to waive applicable review and approval procedures and fees if the Community Development Director determines that a proposed amendment involves only a minor change in the approved site plan. Any waiver by the Community Development Director must be in writing. The following constitutes a nonexhaustive list of changes that may qualify as minor changes:
(1) 
Any deviation expressly authorized at the time of site plan approval;
(2) 
The relocation or addition of customary accessory uses and structures;
(3) 
Adjustment of internal development area boundaries, provided that the allocation of land to particular uses and the relationship of uses within the project are not substantially altered;
(4) 
Limitation or elimination of previously approved uses, provided that the character of the development is not substantially altered;
(5) 
Modification of the internal circulation system that would not increase points of access from adjacent streets, change access to another street or increase projected traffic volumes;
(6) 
Modifications to approved signage, provided that the size, location, number and type of signs is not substantially altered;
(7) 
Modification to approved landscape and screening plans, provided that the modification is not a substantial deviation from the original approved plan;
(8) 
Changes reducing the number of permitted dwelling units, the amount of nonresidential floor area or the area covered by buildings or paved areas; and
(9) 
Reductions in off-street parking or loading by more than 5% or one space, whichever results in a greater reduction.
[Ord. No. 19-2020, 6-8-2020]
(a) 
Administrative site plans.
(1) 
The applicant may appeal a final site plan decision of the Community Development Director by filing a written notice of and reasons for the appeal with the Community Development Director no later than 30 days after the date of the action from which the appeal is sought.
(2) 
The Board of Zoning Appeals must consider and act on appeals of interpretations of final decisions of the Community Development Director in a public meeting.
[Amended 10-18-2023 by Ord. No. 22-2023]
(b) 
Plan Commission site plans. Any person aggrieved by a final site plan decision of the Plan Commission may appeal the decision with the Board of Zoning Appeals in accordance with state law.
[Amended 10-18-2023 by Ord. No. 22-2023]