[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:
[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]
