Article XV Administration

Will receive and review all application requests from the Village Clerk and shall issue permits and certificates after the approval and consent by the Village Administrator of such certificates and permits, after compliance with the Ordinance.

Examine premises for which permits have been issued, and make necessary inspections to determine compliance.

When requested by the Village Administrator or by the President of the Board of Trustees or when the interest of the Village so requires, make investigations and render written reports.

Issue such notices or orders as may be necessary.

(5)

Adopt rules and procedures consistent with this chapter.

(6)

Keep careful and comprehensive records of applications, permits, certificates, inspections, reports, notices, orders and all localized actions of the Board of Trustees, and shall file the same permanently by street address.

(7)

Keep all such records open for public inspection, at reasonable hours, but not for removal from his office.

(8)

Request and receive the assistance and cooperation of the Police Department, the legal department, and of other Village officials.

(9)

Inform the President and Board of Trustees of all violations and all matters requiring prosecution or legal action.

(10)

Be entitled to rely upon any opinion of the legal department as to the interpretation of this chapter or the legal application of this chapter to any actual situation.

(11)

Discharge such other duties as may be placed upon him by this chapter.

§ 310-15.03 Zoning certificates.

No permit as required by the Building Ordinance of the Village of Dwight shall be issued by the Building Inspector without the consent and approval of the Village Administrator for the construction of a building, structure, or land improvement or an alteration or enlargement of an existing building, structure or land improvement and the uses thereof, until the Building Inspector certifies in such permit that the application for a permit with accompanying plans and specifications conforms with the regulations of this chapter.

When a permit is not required by the Building Ordinance of the Village of Dwight, for an improvement and the use thereof requiring conformance with the regulations of this chapter, an application for a zoning certificate shall be filed with the Building Inspector. A zoning certificate shall be issued only when the application shows conformance with the regulations of this chapter.

All applications for building permits or zoning certificates shall be accompanied by a plat, in duplicate, drawn to scale showing the actual dimensions of the lot or lots to be built upon, the size of the building or structure to be erected or structurally altered, its location on the lot or lots and such other information as may be necessary to provide for the enforcement of these regulations. A careful record of such applications and plats shall be kept in the office of the Building Inspector. The Building Inspector shall, after approval of the Village Administrator of all building permits or zoning certificates, issue written verification of such approval or of such disapproval within 30 days after the submission of the application to the Village Board. Any such application for a building permit or zoning certificate shall be presented to the Village Administrator within 30 days after the same is presented to the Building Inspector. If the Building Inspector does not present an application for a building permit or zoning certificate within 30 days after it is submitted to him, then the person requesting such permit or certificate may approach the Village Administrator in their own right.

§ 310-15.04 Certificate of occupancy.

No building or addition thereto, constructed after the effective date of this chapter and no addition to a previous existing building shall be occupied and no land vacant on the effective date of this chapter shall be used for any purpose until an certificate of occupancy has been issued by the Building Inspector with the approval of the Village Administrator. No change in a use in any district shall be made until an certificate of occupancy has been issued by the Building Inspector and approved by the Village Administrator. Every certificate of occupancy shall state that the use or occupancy complies with all the provisions of this chapter.

Every application for a building permit shall also be deemed to be an application for an certificate of occupancy. Every application for an certificate of occupancy for a new or changed use of land or building where no building permit is required shall be made to the Building Inspector.

No certificate of occupancy for a building or addition thereto, constructed after the effective date of this chapter, shall be issued until construction has been completed and the premises have been inspected and certified by the Building Inspector to be in full and complete compliance with the plans and specifications upon which the zoning certificate was based. No addition to a previously existing building shall be occupied, and no new use of a building in any district shall be established until the premises have been inspected and certified by the Building Inspector to be in full compliance with all the applicable standards of the zoning district in which it is located. Pending the issuance of a regular certificate, a temporary certificate may be issued to be valid for a period not to exceed six months from its date during the completion of any addition or during partial occupancy of the premises. An certificate of occupancy shall be issued, or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, not later than 14 days after the Building Inspector is notified in writing that the building or premises is ready for occupancy.

§ 310-15.05 Denial/appeal.

The Village Administrator shall set forth in writing the reasons why any building permit, zoning certificate or occupancy permit has been denied, and shall date the same. Such denial shall then be served upon the Applicant at the Applicant's address, either by regular mail or personally served upon the Applicant. Such denial shall be served upon the Applicant within a reasonable time.

With respect to any building permit, zoning certificate, or certificate of occupancy which has been approved or denied by the Village Administrator, the Applicant or any interested party may appeal such decision to the Village Board of Trustees for a final determination thereon. Such appeal shall be filed with the Village Clerk, shall specifically refer to the requested permit or certificate which has been denied, and specifically shall set forth the reasons why the Applicant believes such permit or certificate should be issued and why the denial of the same was inappropriate.

Thereafter, such appeal shall be held before the Village Board of Trustees as soon as thereafter as is reasonably possible.

§ 310-15.06 Zoning Board of Appeals.

Creation and procedure.

The Zoning Board of Appeals of the Village of Dwight is hereby created and under the provisions of the zoning ordinance of the Village of Dwight shall serve in such capacity for the full term for which they are appointed and until their respective successors are appointed and qualify. The successor of each member shall serve for a term of five years.

All appointments to the Zoning Board of Appeals shall be made by the President of the Board subject to approval of the Village Board. One of the members so appointed shall be named as Chairman at the time of his appointment. The President of the Board, subject to the approval of the Village Board, shall have the power to remove any member of the Zoning Board of Appeals for cause and if a public hearing is requested by the member of the Zoning Board of Appeals for cause and if a public hearing is requested by the member being removed a public hearing shall be held. Vacancies shall be filled as soon as possible for the unexpired term of any member whose place has become vacant. In the event that the office of Chairman is vacated for any reason, the President of the Board, subject to approval of the Village Board, shall immediately appoint either one of the remaining members of the Board of Appeals or any member who is appointed to fill such vacancy on the Zoning Board of Appeals as the new Chairman.

All meetings of the Zoning Board of Appeals shall be held at the call of the Chairman and at such other times as the Board may determine. All testimony by witnesses at any hearing provided for in this chapter shall be given under oath. The Chairman, or in his absence the Vice Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact, and shall also keep records of its examinations and other official actions. Every rule, regulation, order, requirement, decision or determination of the Board shall immediately be filed in the office of the Village Clerk and shall be a public record.

The Zoning Board of Appeals shall decide matters as authorized by this chapter in a specific case and after public hearing. A concurring vote of four members of the Zoning Board of Appeals shall be necessary on any matter upon which it is authorized to decide by this chapter.

Jurisdiction and authority. The Zoning Board of Appeals is here by vested with the following jurisdiction and authority:

To hear and decide an appeal from an administrative order, requirement or determination made by the Building Inspector under this chapter.

To hear or decide all other matters referred to it upon which it is required to decide under this chapter.

The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector, or to decide in favor of the applicant any matter upon which it is required to pass under this chapter.

§ 310-15.07 Appeals.

Authority. The Zoning Board of Appeals shall hear and decide appeals from an administrative order, requirement or determination under this chapter, made by the Building Inspector.

Initiation and processing.

An appeal may be taken to the Zoning Board of Appeals by any person, firm or corporation, or by any office, department, board, bureau or commission, aggrieved by an administrative order, requirement, decision, or determination under this chapter.

The appeal shall be taken within such time as shall be prescribed by the Board of Appeals by a general rule by filing with the Village Clerk and with the Board of Appeals, a notice of appeal, specifying the grounds thereof. Such appeal shall be taken upon forms provided by the Zoning Board of Appeals. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed was taken.

An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Inspector certifies to the Board of Appeals, after the notice of appeal has been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril of life or property. In this event the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application and on notice to the officer from whom the appeal is taken, and on due causes shown.

The Board of Appeals shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises and to that end has all the powers of the officer from whom the appeal is taken.

Decisions. All decisions, after hearing of the Zoning Board of Appeals on appeals from an administrative order, requirement, decision or determination of the Building Inspector shall, in all instances, be appealable to the Village Board of Trustees wherein a vote of any four members of the Village Board of Trustees shall be necessary to reverse a decision of the Zoning Board of Appeals. All such decisions upon final appeal shall be subject to judicial review in accordance with applicable Illinois statutes.

§ 310-15.08 Variances.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]

Authority. The Zoning Board of Appeals shall decide variances of the provisions of this chapter in harmony with its general purpose and intent, and shall vary then only in the specific instances hereinafter set forth where the Zoning Board of Appeals shall have made a finding of fact based upon the standards hereinafter prescribed that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this chapter.

Initiation. An application for a variance may be made by any person, firm, or corporation, or by any office, department, board, bureau or commission requesting or intending to request application for a building permit or zoning certificate.

Processing.

An application for a variance shall be filed with the Village Clerk. The Village Clerk shall forward such application to the Zoning Board of Appeals for processing in accordance with applicable statutes of the State of Illinois, and the provisions of this chapter.

No variance shall be made by the Zoning Board of Appeals except after a public hearing before the Zoning Board of Appeals, of which there shall be a notice of time and place of the hearing published at least once, not more than 30 nor less than 15 days before the hearing, in one or more newspapers with a general circulation within Dwight; and a written notice is served at least 15 days before the hearing on the owners of the properties located adjacent to the location for which the variance is requested.

Decisions. All final administrative decisions and findings of the Zoning Board of Appeals on variances arrived at after the hearing shall be accompanied by findings of facts specifying the reason or reasons for approving or disapproving the variance and shall be final and subject to judicial review only in accordance with applicable statutes of the State of Illinois.

Standards.

The Zoning Board of Appeals shall not vary the provisions of this chapter as authorized in this section, unless it shall have made findings based upon the evidence presented to it in the following cases:

That the particular physical surroundings, shape, or topographical conditions of the specific property involved will bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out;

That the conditions upon which the petition for variance is based would not be applicable generally to other property within the same zoned classification;

That the purpose of the variance is not based exclusively upon a desire to make more money out of the property;

That the alleged difficulty or hardship has not been created by any person presently having an interest in the property;

That the granting of the variance will not be detrimental to the public welfare or unduly injurious to other property or improvements in the neighborhood in which the property is located; or

(f)

That the proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise so endanger the public safety, or substantially diminish or impair property values within the neighborhood.

The Zoning Board of Appeals may require such conditions and restrictions upon the premises benefitted by a variance as may be necessary to comply with the standards set forth in this section to reduce or minimize the effect of such variance upon other property in the neighborhood, and to implement the general purpose and intent of this chapter.

Authorized variance. Variances from the regulations of this zoning ordinance shall be granted by the Village Board of Trustees, but only after a public hearing as set forth herein for an authorized variance and a report from the Zoning Board of Appeals recommending the variance be approved or disapproved. The concurring vote of four members of the Village Board shall be necessary to reverse the recommendation of the Zoning Board of Appeals.

§ 310-15.09 Plan Commission.

Jurisdiction. The Plan Commission of the Village of Dwight which has been duly established is the Plan Commission referred to in this chapter, and shall have the following duties under this chapter:

To hear all applications for amendments and special uses and thereafter submit reports of findings and recommendations thereon to the Village Board in the manner prescribed in this section for amendments and special use;

To initiate, direct and review, from time to time, studies of the provisions of this chapter, and to make reports of its recommendations to the Village Board; and

To hear and decide all matters upon which it is required to pass under this chapter.

Meetings and rules. All meetings of the Plan Commission shall be held at the call of the Chairman, and at such times as the Plan Commission may determine. All hearings conducted by said Plan Commission under this chapter shall be in accordance with Illinois statutes. In all proceedings of the Plan Commission provided for in this chapter, the Chairman, and in his absence, the Vice Chairman, shall have the power to administer oaths. All testimony by witnesses at any hearing provided for in this chapter shall be given under oath. The Plan Commission shall keep minutes of its proceedings and shall also keep records of its hearings and other official actions. A copy of every rule or regulation, every amendment and special use, and every recommendation, order, requirement, decision or determination of the Plan Commission under this chapter shall be filed in the Office of the Village Clerk and shall be a public record. The Plan Commission shall adopt its own rules and procedures, not in conflict with this chapter or with applicable Illinois statutes.

§ 310-15.10 Amendments.

Authority. The regulations imposed and the districts created under the authority of this chapter may be amended from time to time, by ordinance in accordance with applicable statutes of the State of Illinois. An amendment shall be granted or denied by the Village Board of Trustees only after a public hearing before the Plan Commission and a report of its findings and recommendations has been submitted to the Village Board of Trustees.

Initiation of amendment. Amendments may be proposed by the Village Board, by the Plan Commission, the Zoning Board of Appeals, other governmental bodies, or by any resident of or owner of property within the jurisdictional limits of this chapter.

Processing. An application for an amendment shall be filed with the Village Board and thereafter introduced into the Village Board of Trustees. Such application shall be forwarded from the Village Board to the Plan Commission, with a request to hold a public hearing. Notice shall be given of the time and place of the hearing, not more than 30 nor less than 15 days before the hearing, by publishing a notice thereof at least once in one or more newspapers with a general circulation within Dwight.

§ 310-15.11 Special uses.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]

Purpose. The development and execution of the zoning ordinance is based upon the division of the Village into districts, within any one of which the use of land and buildings and the bulk and location of buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character, cannot be properly classified in any particular use or the particular location. Such special uses fall into two categories:

Uses operated by a public agency or publicly regulated utilities, or uses traditionally affected with a public interest.

Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

Authority.

Special uses shall be authorized or denied by the Village Board in accordance with the provisions of this chapter applicable to amendments of this chapter and the regulations and conditions set forth in this chapter for special uses.

No application for a special use shall be acted upon by the Village Board until after:

Written report is prepared and forwarded to the Village Board by the Plan Commission in a manner prescribed herein for amendments to this chapter; and

A public hearing has been held by the Plan Commission, after due notice by publication as prescribed herein, for amendments and the findings and recommendations of the Plan Commission have been reported to the Village Board.

Initiation. An application for a special use may be made by any person, firm or corporation, or by any office, department, board, bureau or commission requesting or intending to request a building permit or certificate of occupancy.

Processing.

An application for a special use, in such form and accompanied by such information as shall be established from time to time by the Plan Commission shall be filed with the Village Clerk and thereafter processed in the manner prescribed heretofore for applications and amendments.

The Plan Commission shall hold the public hearing and forward its recommendations in the form of a written report, to the Village Board within 45 days of the date the petition was submitted to the Plan Commission, unless it is withdrawn by the petitioner.

In the case of a written protest against any proposed request in change of use, signed and acknowledged by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, is filed with the Clerk of the municipality, the requested change of use shall not be passed except by a favorable vote of 2/3 of all of the Trustees of the Village of Dwight. Any proposed change of use which fails to receive the approval of a majority of the Plan Commission members, and is so reported, shall not be passed by the Village Board except by a favorable vote of 2/3 of all the Trustees of the Village of Dwight.

Decisions. The Village Board, upon report of the Plan Commission and without further public hearing, may grant or deny any proposed change of use in accordance with applicable statutes of the State of Illinois, or may refer it back to the Plan Commission for further consideration.

Guidelines. In guiding its decision as to whether or not to recommend a Special Use to the Dwight Village Board of Trustees, and the Village Board of Trustees in considering whether or not the recommendation of the Plan Commission should be accepted, rejected, or modified, the Plan Commission and the Village Board of Trustees shall use the following criteria when considering a Special Use Request, such criteria to be as follows:

Is the Special Use a Special Use as set forth in the Dwight Zoning Ordinance and is the Special Use a Special use for the particular zoning district involved?

Will the Special Use be harmonious with and in accordance with the general objectives or with any specific objective of the Village of Dwight's Comprehensive Plan and/or Dwight Zoning Ordinance?

Will the Special Use and any structure or improvement to be built, constructed, or remodeled pursuant thereto, be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and zoning district and that such special use will not change the essential character of the area in which it is to be placed?

That the Special Use will not be hazardous or disruptive to existing or future neighboring uses now existing or permitted in the particular zoning district.

(5)

That the Special Use will not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic welfare of the Village of Dwight.

(6)

That the Special Use will not involve uses, activities, processes, materials, equipment and/or conditions or operations that will detrimental to any persons, property, or to the general welfare of the citizens of the Village of Dwight by reasons of excessive production of traffic, noise, smoke, fumes, glare, and/or odors, and that such criteria shall be viewed with respect to the zoning district in which the Special Use is being requested and the surrounding uses.

(7)

That the Special Use will have sufficient vehicular, foot and bicycle approaches to the property on which the Special Use is to be located which shall be designed as to not create an interference with traffic on surrounding public thoroughfares and surrounding private property.

(8)

That the Special Use will not result in the destruction, loss, or damage of any natural, scenic or historic features of major importance.

(9)

That although a Special Use being requested may not satisfactorily meet each and every requirement of the aforementioned criteria, that all criteria need not be met so long as in the opinion of the Plan Commission and/or thereafter the Board of Trustees of the Village of Dwight that any such deficiencies have been remedied by the placing of specific conditions on the construction and/or operation of the Special Use and issuance of the Special Use Permit. The attachment of special conditions on a Special Use Permit may be made by recommendation of the Plan Commission after approval of such special conditions by the Village Board of Trustees, or upon special conditions being placed on any Special Use Permit by the Village Board of Trustees of the Village of Dwight shall have the final legislative authority to reject, approve, or approve as modified any Special Use recommendation from the Plan Commission.

§ 310-15.12 Planned unit development.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]

Purpose. To encourage the most orderly development of properties through advance planning and thus assure adequate standards for the development of residential neighborhoods; provide regulations to encourage a variety of dwelling types; assure adequate open space; protect residential areas from undue traffic congestion; protect residential areas from the intrusion of business, industrial and other land uses that may create an adverse effect upon the living environment; and thus promote the general welfare of the community.

Provisions. The basic provisions and requirements concerning Planned Unit Development are as follows: The subdivision, development and use of land containing 10 or more acres as an integral unit, combining more than one primary land use and which may provide for single-family residential, multiple-family residential, educational, business, commercial, industrial, recreational, park and common use areas may be described as a Planned Unit Development.

In its establishment and authorization as a special use, in addition to the foregoing provisions, the following procedures, requirements, restrictions, standards and conditions shall be observed.

The Planned Unit Development may be excluded from the provisions of the Subdivision Regulations and of the Zoning Ordinance of the Village of Dwight to the extent specified in the final authorization of the Planned Unit Development.

Procedure.

Pre-application conference. A pre-application conference shall be held with the Plan Commission. At such conference, the applicant shall provide information as to the location of the proposed Planned Unit Development, the uses, and approximate area of use for each use category; a list of any and all exceptions to the Subdivision Regulations and Zoning Ordinance of Dwight, and any other information necessary to clearly explain the Planned Unit Development to the Plan Commission.

Review. The Plan Commission shall review and consider the proposed plan as to its compatibility with the Comprehensive Plan and the goals and policies for planning of the Village of Dwight and advise the applicant on the information, documents, exhibits, drawings, and any limitations on the proposal that should be included in the application to the Village for a Special use Permit for Planned Unit Development.

Preliminary plan. The applicant shall request the Special use Permit, by letter addressed to the Village Board, to be placed on the agenda of the meeting of the Plan Commission for a preliminary discussion of the proposed Planned Unit Development, and the Plan Commission shall consider the proposed Planned Unit Development at such meeting, which may be continued from time to time. The applicant shall present such exhibits and written information as may be necessary to fully acquaint the Plan Commission with the proposed development which shall include, but not necessarily be limited to the following:

The map or maps which shall be included as part of the application shall be drawn at a scale of one inch equals 100 feet, or if the area of the site is more than 200 acres, one inch equals 200 feet. The following information shall be shown:

Boundary survey. A boundary line survey of the subject site which shall be prepared and certified by a registered land surveyor.

Topography. The existing topographic character of the land with contours shown at intervals no greater than five feet. Topographic data shall refer to the use U.S.G.S. North American Datum - Mean Sea Level Elevation.

Site analysis. A detailed site analysis of the property in question, which shall show the following information:

[1]

Physical factors information:

Existing land uses both on the site and immediately adjacent to it.

Scenic views.

Wooded areas.

Soil problem areas based upon a soil survey of the site to include a report from the Natural Resources Conservation Service. Additional soil information may be requested by the Plan Commission and/or the Village Engineer.

[e]

Portions of the site in any floodplain and/or floodplain fringe area.

[f]

Streams, drainage ditches, culverts and standing water.

[g]

Isolated preservable trees six inches or more in diameter at one foot above ground level.

[h]

General directions of the stormwater run-off across the property.

[2]

Public utilities information, which shall show the location and size of any existing sanitary sewers, storm sewers, and water lines both on the site and in easements and rights-of-way immediately adjacent to the site, gas, electric and telephone.

[3]

Other information:

Existing county and/or municipal zoning on all parts of the site.

Municipal corporate boundaries across and adjacent to the subject site.

School district boundaries across and adjacent to subject site.

Utility easements across and adjacent to the subject site.

Land use plan. A proposed land use plan which shall be drawn upon a print of the topographic map for the site. The proposed land use plan shall contain the following information:

[1]

Identification and description:

Name of the Planned Unit Development.

Location of the subject site by section, town, and range or by other approved legal description.

Name and address of the site planner and/or engineer.

Name and address of the owner and/or Trust Beneficiary or developer.

[e]

Scale, north point and date.

[2]

Design features information, which shall show:

Right-of-way alignments, widths, and names of all streets. Such street names shall not duplicate the name of any street heretofore used in the Village of its environs unless such street is an extension of or is in line with an already named street in which event that name shall be used.

The location of all multiple-family or single-family attached buildings and structures.

Off-street parking and service areas.

All areas to be dedicated as common open space and all sites to be conveyed, dedicated, or reserved for parks, playgrounds, school sites, public buildings, and similar public and quasi-public uses.

[e]

The pedestrian circulation system, any parkway belt system, or bicycle circulation system.

[f]

All other information necessary to clearly show the proposed elements of the Planned Unit Development.

Utility plan. A proposed utility plan which shall be drawn on a print of the proposed land use plan. The proposed utility plan shall show the approximate location and dimensions of all sanitary sewer, storm sewer, and water lines for all proposed land uses, drainage ditches, culverts and water retention areas, as well as any utility easements. The utility plan shall be accompanied by a statement from the Village Engineer attesting to the capability of existing sewer systems to service the proposed development.

[1]

The written statement which shall be included as part of the application for approval of the Preliminary Plan shall contain the following information:

A statistical tabulation of the acreage amounts of all of the land uses proposed in the Preliminary Plan.

The type and number of dwelling units for any proposed residential land uses.

The stages in which the project will be built and the approximate dates when construction of each stage can be expected to begin and to end.

[2]

Other information may be requested if the Plan Commission finds that the Planned Unit Development may create special problems for traffic, parking, landscaping and/or economic has ability. Such information may include but not be limited to any of the following:

An off-street parking and loading plan.

A traffic study indicating the volume of traffic to be generated by the Planned Unit Development or this phase of it and proposing any special engineering design features and/or traffic regulation devices needed to insure the proper safety of traffic circulation to, through, and around the Planned Unit Development or this phase of it.

Economic impact-tax impact study detailing the impact which the Planned Unit Development or this phase of it will have upon all taxing bodies. In addition, the expected number of students to be generated by any residential portion of it shall also be quantified.

A landscaping planting plan, indicating the height, size, location, quantities and variety of stock to be planted.

The procedure for approval of the Preliminary Plan shall be as follows:

The Village Board shall refer the Preliminary Plan to the Dwight Plan Commission. The Village Board shall instruct the appropriate Village departments and consultants to collaborate with the Plan Commission in reviewing the Preliminary Plan for the Planned Unit Development for its compliance with these regulations and other ordinances of the Village of Dwight. Such collaboration may include meetings at which the developer shall meet with Village officials and consultants in order that the Plan Commission may have prior to its public hearing the informal recommendations of its experts.

The Village Board shall notify the applicant as to the time and place of the public hearing at which the applicant shall present his Preliminary Plan. The Village Board shall cause notice of such public hearing to be published in a manner approved by the Village Attorney for the Plan Commission for all special use permits and as required by statute.

The Plan Commission and the Village Board may utilize the services of the professional Village consultants in arriving at recommendations or decisions. The applicant shall pay the Village the reasonable cost incurred for the services rendered by its consultants within 10 days after the submission of the bill from the Village to him. The consultants shall bill for their services at the hourly rate which they normally charge municipal clients. The Village consultants shall include but not be limited to the persons who provide the Village with advice in the fields of engineering, law, planning, traffic, design and finance.

The Plan Commission shall proceed as quickly as possible in its review of the Preliminary Plan. Within no more than 30 days after the final adjournment of the public hearing, the Plan Commission shall:

Approve or disapprove the Preliminary Plan and shall submit its written recommendation, which may include the recommendations of the Village Engineer, Village Planner, and/or Village Attorney, to the Board of Trustees, with a copy being sent to the applicant; or

Advise the applicant in writing if the Plan Commission finds that changes, additions, or corrections are required in the Preliminary Plan. The applicant shall resubmit 10 copies of the reviewed Preliminary Plan for consideration of the Plan Commission at a continuation of or a new public hearing. The applicant shall do so without paying an additional filing fee. The Plan Commission shall submit its recommendations in writing to the Village Board, which may also include the recommendations of the Village Engineer, Village Planner and/or Village Attorney, with a copy also being sent to the applicant.

The Village Board of Trustees shall accept or reject the Preliminary Plan within 45 days after its next regular meeting following the receipt of the written recommendations of the Plan Commission. The applicant and the Village Board of Trustees may mutually agree to extend the forty-five-day period:

If the Preliminary Plan is disapproved, the Village Board may state in writing the reasons for the disapproval and such writing, if prepared, shall be filed with the Village Clerk, and a copy shall be sent to the applicant.

If the Preliminary Plan is approved, the Village Board shall authorize the applicant to submit a final development plan for the Planned Unit Development.

Within one year following the approval of the Preliminary Development Plan, the applicant shall file with the Plan Commission, a final development plan completing in final form all information required as noted in this section.

Final development plan.

Within one year following the approval of the Preliminary Development Plan, the applicant shall file with the Plan Commission a final development plan containing in final form the information required in the preliminary plan. The final development plan shall also include the following:

A final land use plan, suitable for recording with the County Recorder of Deeds. The purpose of the final development plan is to designate the land subdivided into lots as well as the division of other lands not so treated, into common open areas and building areas and to designate and limit the specific internal use of each building or structure, as well as of the land in general.

An accurate legal description of the entire area under immediate development within the Planned Unit Development.

If subdivided lands are included in the Planned Unit Development, a subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat, to the extent that compliance with the subdivision regulations of the Village shall be required.

An accurate legal description of each separate unsubdivided use area, including common open space.

Designation of the location of all buildings to be constructed, and a designation of the uses for which each building is designed.

(f)

Certificates, seals and signatures required for the dedication of land, and recording the document.

(g)

Tabulations of each separate unsubdivided use area, including land area and number of dwelling units per gross acre.

(h)

Landscaping plan.

(i)

Utilities and drainage plan.

(j)

Final agreements, bylaws, provisions, or covenants which govern the use, maintenance and continued protection of the Planned Unit Development and any of its common open area or other common facilities.

(k)

Final development and construction schedule.

(l)

Final architectural plans.

(m)

Final engineering drawings.

The Final Development Plan shall be approved as follows:

The Plan Commission shall review the Final Development Plan within 35 days of its submission and shall recommend approval if it is in compliance with the Preliminary Development Plan. The Plan Commission shall certify to the Board of Trustees that the Final Development Plan is in conformity with the previously filed Preliminary Development Plan.

If the Final Development Plan is substantially changed from the approved Preliminary Development Plan, the Plan Commission shall recommend to the Village Board that a new public hearing be held in conformance with the procedures for approval of a Preliminary Development Plan.

§ 310-15.13 Changes and modifications to planned unit development after approval of final plan.

The Board of Trustees after receipt of the recommendation of the Plan Commission shall itself review the Final Development Plan and shall, if it is in conformity with the Preliminary Development Plan, authorize issuance of Special Use Permits. If the Final Development Plan is held not to be in conformity with the Preliminary Development Plan, the Village Board shall inform the applicant with regard to the specific areas found to be not in compliance.

After the approval of the Final Development Plan, the use of land and the construction, modification or alteration of any buildings or structures within the Planned Unit Development will be governed by the approved Final Development Plan, rather than by any other provisions of the Zoning Ordinance of the Village.

No changes may be made in the approved Final Development Plan except upon application to the appropriate agency according to the following procedures:

During the construction of the Planned Unit Development, the procedure shall be as follows:

Minor changes in the location, siting, and height of buildings and structures and in the location of streets and ways of public access and in the size and location of open space, may be authorized by the Plan Commission as required by engineering or other circumstances not foreseen at the time that the final plat was approved.

All changes in land uses, any rearrangement of lots, blocks, and building tracts, any major changes in the provisions for common open space and all other changes in the approved Final Development Plan must be made by the Village Board of Trustees, under the procedures authorized by the Zoning Ordinance for the amendment to the Zoning Map.

Any changes which are approved for the Final Plat must be recorded as amendments to the recorded copy of the Final Plat. If changes are allowed in a final site plan a new site plan reflecting such changes shall be filed with the Village.

After the completion of the construction of the Planned Unit Development, the procedure shall be as follows:

Any minor extension, alterations, or modifications of existing buildings or structures may be recommended by the Plan Commission if they are consistent with the purpose and intent of the Final Plat.

Any building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the Final Plat unless an amendment to the Final Plat is approved following the procedures for the amendment of the Zoning Map.

§ 310-15.14 Planned unit development standards.

All other changes in the Final Development Plan must be made by the Village Board of Trustees, under the procedure authorized by the Zoning Ordinance for the amendment of the Zoning Map. No changes may be made in the Final Development Plan unless they are required for the continued successful functioning of the Planned Unit Development, or unless they are required by changes in conditions that have occurred since the Final Development Plan was approved or by changes in the development policy of the Village.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]

No Planned Unit Development shall be authorized unless the Plan Commission shall find and recommend, in addition to those standards established herein for special uses, that the following standards will be met:

General.

The uses permitted by such exceptions as may be requested or recommended are necessary or desirable and appropriate to the purpose of the development.

The uses permitted in such development are not of such nature or so located as to exercise an undue detrimental influence or effect upon the surrounding neighborhood.

That any industrial park areas established in the Planned Unit Development conform to all requirements therefore as set forth elsewhere in this chapter.

That all minimum requirements pertaining to commercial, residential, institutional, or other uses established in the Planned Unit Development shall be subject to the requirements for each individual classification as established elsewhere in this chapter, except as may be specifically varied in this chapter granting and establishing a Planned Unit Development use.

(5)

When private streets and common driveways are made a part of the Planned Unit Development or private common open space or recreation facilities are provided, the applicant shall submit, as part of the application, the method and arrangement whereby the private facilities shall be operated and maintained. Such arrangements for operating and maintaining private facilities shall be subject to the approval of the Village Board.

Residential.

Residential density for a Planned Unit Development shall not be greater than the recommended density, as shown in the Zoning Ordinance for the Village, nor shall any lot to be used for residential purposes be less in area or dimension than that required by the district regulations applicable to the district in which the Planned Unit Development is located, except that the Plan Commission may recommend and the Village Board may grant a reduction in such lot area and dimension, but not more than 15% when the Planned Unit Development provides common open space equal to not less than 10% of the gross area of the Planned Unit Development.

The open areas provided in the part of the Planned Unit Development containing only residential structures shall be preserved over the life of the Planned Unit Development for use only by the residents of the Planned Unit Development.

For that part of a Planned Unit Development devoted to residential uses, the Plan Commission may recommend and the Village Board of Trustees may approve, access to a dwelling by a driveway or pedestrian walk easement, and spacing between buildings of lesser widths or depths than required by district regulations for the district in which the Planned Unit Development is located, provided:

That adequate provisions are made which perpetuate during the period of the special use, access easements and off-street parking spaces for use by the residents of the dwelling served;

The spacing between buildings shall be approved by the Plan Commission and shall be consistent with the application of recognized site planning principles for securing a unified development, and due consideration is given to the openness normally afforded by intervening streets and alleys;

The yards for principal buildings along the periphery of the development shall be not less in width or depth than required for permitted uses in the district regulations applicable to the districts in which the Planned Unit Development is located; and the plan is developed to afford adequate protection to neighboring properties as recommended by the Plan Commission and approved by the Village Board of Trustees.

Business uses may be included as part of a planned residential development when the Plan Commission finds that such business uses are beneficial to the overall Planned Unit Development and will not be injurious to adjacent or neighboring properties. Such business uses shall not be greater in area than 10% of the Planned Unit Development.

Cluster subdivision. In any single-family cluster subdivision, the Plan Commission may recommend and the Village Board may authorize the following exceptions to the regulations of the district in which the cluster subdivision is permitted as a special use:

A reduction of the lot width to 70 feet in the R-1 Residential District.

That in the part of the Planned Unit Development containing only residential uses, the minimum lot area per dwelling unit may be not more than 5% less than that required for permitted uses in the district regulations applicable to the district in which the Planned Unit Development is located.

Reduction of such lot area shall be recommended by the Plan Commission and approved by the Village Board only where there is contained within the Planned Unit Development permanent open area, the area and location of which shall meet with the approval of the Plan Commission, and that such open space shall not be less than that which would pertain if developed on individual lots.

Such open areas shall be preserved over the life of the Planned Unit Development, for use only by the residents of the Planned Unit Development or dedicated to the Village of Dwight for school, park, playground or other public uses; and

That in a Planned Unit Development devoted to residential uses, the Plan Commission may recommend and the Village Board may approve, access to a dwelling by a driveway or pedestrian walk easement; however, off-street parking facilities for such dwellings shall be located not more than 200 feet from the dwelling served; yards of lesser widths or depths than required for permitted uses in the district regulations applicable to the district in which the Planned Unit Development is located, provided:

That protective covenants are recorded which perpetuate access easements and off-street parking spaces for use by the residents of the dwellings served;

That spacing between buildings shall be consistent with the application of recognized site planning principles for securing a unified development and due consideration is given to the openness normally afforded by intervening streets and alleys;

Spacing between principal buildings within a part of a Planned Unit Development shall be equivalent to such spacing as would be required between buildings by district regulations for the district in which it is located.

That in a Planned Business Development, the following additional requirements are hereby specified:

All buildings shall be set back not less than 30 feet from all streets bounding the site;

Required off-street parking space shall be provided in the ratio of not less than 10 parking spaces for every 1,000 square feet of gross floor area;

All walks within the Planned Business Development shall be paved with a hard surfaced material meeting the specifications of the Village Engineer;

Any part of the Planned Business Development not used for buildings, loading and access ways, shall be attractively landscaped with grass, trees, shrubs or pedestrian walkways, according to a landscape plan, as approved by the Plan Commission;

The buildings in the Planned Business Development shall be planned and designed as a unified and single project.

Variances of minimum requirements.

Residential. Wherever the applicant proposes to provide and set out, by platting, deed, dedication, restriction, or covenant, any land or space separate from single-family or multiple-family residential districts to be used for parks, playgrounds, commons, greenways or open areas, the Plan Commission may consider and recommend to the Village Board and the Village Board may vary the applicable minimum requirements of the Subdivision Regulations and the Zoning Ordinance which may include but not necessarily be limited to the following:

Rear yard.

Side yard.

Lot area.

Bulk.

Intensity of use.

Street Width.

Sidewalks.

Public Utilities.

Off-Street Parking.

Business.

Business uses shall be as prescribed by the Plan Commission.

All business and/or age of materials shall be conducted or stored within a completely enclosed building.

Not more than 30% of the lot area shall be covered by buildings or structures.

At least 10% of the lot shall be provided for landscape and open space purposes.

No building shall be more than 35 feet in height.

(f)

No dwelling shall be permitted in a Planned Business Development.

(g)

Off-street parking shall be provided and maintained on the same lot based upon three square feet of parking space for each foot of gross floor area unless otherwise recommended by the Plan Commission and approved by the Village Board.

(h)

Service and loading and unloading facilities shall be provided as recommended and approved by the Plan Commission.

(i)

No building shall be located nearer than 50 feet to any street line.

(j)

Outside lighting shall be so designed and placed so as to not be disturbing to adjacent residential areas.

(k)

Business developments shall be adequately screened by fencing or landscaping or both along the boundaries of adjacent residential, public open space, schools, churches or other similar uses. The screen planting shall be prepared by a landscape architect and shall meet the approval of the Plan Commission.

(l)

Signs shall comply with the regulation of B-1 Retail Business District uses permitted in this chapter.

Industrial.

The standards for industrial areas in a Planned Unit Development shall conform to the applicable standards in this Zoning Ordinance of the Village for industrial areas.