Chapter 17.03
ADMINISTRATION AND ENFORCEMENT
Sections:
17.03.020 Zoning administrator.
17.03.030 The zoning board of appeals.
17.03.040 The plan commission.
17.03.050 The president and board of trustees.
17.03.070 Occupancy certificates.
17.03.010 Organization.
The primary administration of this title is hereby vested in four offices of the government of the village as follows:
Zoning administrator.
Zoning board of appeals.
Plan commission.
President and board of trustees.
This section shall first set out the authority of each of these four offices, and then describe the procedure and substantive standards with respect to the following administrative functions:
A. Issuance of zoning certificates.
B. Issuance of occupancy certificates.
C. Variations.
D. Appeals.
E. Amendments.
F. Conditional uses.
G. Fees.
H. Penalties. (1980 Zoning Code § 3.1)
17.03.020 Zoning administrator.
The zoning administrator shall be the enforcement officer of this title, and his responsibilities shall include:
A. Issue all zoning certificates and maintain records thereof;
B. Issue all certificates of occupancy and maintain records thereof;
C. Conduct inspections of buildings, structures, and use of land to determine compliance with the terms of this title;
D. Issue violation notices requiring compliance within thirty days, and advising suspected violators of right of appeal;
E. Require that all construction or work of any type be stopped when such work is not in compliance with this title; and revoke any permit which was unlawfully issued;
F. Review and approve or deny all applications for approval of nonlisted uses, as established in RMC 17.04.100;
G. Have possession of permanent and current records of this title, including, but not limited to, all maps, amendments, conditional uses, variations, appeals, and applications therefor;
H. Assist in providing public information relative to this title;
I. Forward to the plan commission all applications for conditional uses and for amendments to this title that are initially filed with the office of the zoning administrator;
J. Forward to the zoning board of appeals applications for appeals, variations, or other matters on which the zoning board of appeals is required to pass under this title;
K. Enforce all orders of the zoning board of appeals and president and board of trustees;
L. Initiate, direct, and review, from time to time, a study of the provisions of this title, and make a report of his recommendations to the plan commission and zoning board of appeals not less frequently than once a year. (1980 Zoning Code § 3.2)
17.03.030 The zoning board of appeals.1
A. Creation. The zoning board of appeals of the village, as created by previous ordinance, is the zoning board of appeals referred to in this title.
B. Jurisdiction.
1. To hear and decide appeals from any order, requirement, decision, or determination made by the zoning administrator under this title;
2. To hear and pass upon applications for variations from the terms of this title, in the manner prescribed by and subject to the standards established herein;
3. In conjunction with the plan commission, to conduct an annual public meeting concerning the status of the zoning ordinance, and issue a report to the board of trustees;
4. To hear and decide all matters referred to it or upon which it is required to pass under this title; and
5. To hear and refer to the president and board of trustees, with recommendation, those matters not treated above, or any matter the zoning board of appeals feels should require concurrence of the board of trustees.
All decisions and findings of the zoning board on appeals or on any application for a variation, after a public hearing, shall, in all instances, be the final administrative decision and shall be subject to judicial review. (1980 Zoning Code § 3.3)
17.03.040 The plan commission.
A. Creation. The plan commission of the village shall be constituted by the zoning board of appeals acting in ex officio capacity, as authorized by previous ordinance. The plan commission may adopt its own bylaws.
B. Jurisdiction. The plan commission shall discharge the following duties under this title:
1. Review all applications for amendments to this title (text or map), and report findings and recommendations to the president and board of trustees in the manner prescribed in RMC 17.03.100 (amendments);
2. Review all applications for conditional uses, hold hearings thereon, and recommend action to the president and board of trustees, as prescribed in RMC 17.03.110 (conditional uses);
3. Receive from the zoning administrator his recommendations as related to the effectiveness of this title and report its conclusions and recommendations to the president and board of trustees not less frequently than once a year. (1980 Zoning Code § 3.4)
17.03.050 The president and board of trustees.
A. Creation. The president and board of trustees of the village, as established in accordance with the Illinois Compiled Statutes, shall determine the disposition of all major zoning matters referred to it, as specified herein.
B. Jurisdiction. The president and board of trustees shall discharge the following duties under this title:
1. Receive from the plan commission, and approve or disapprove, all proposed amendments and conditional uses.
2. Determine the approval or denial of those variations referred to it by the zoning board of appeals.
3. Act upon the annual report from the plan commission and zoning board of appeals concerning the status of zoning and the land use plan. (1980 Zoning Code § 3.5)
17.03.060 Zoning certificate.
A. Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by an officer, department, or employee unless the application for such permit has been examined by the zoning administrator or his duly appointed representative and has affixed to it his certificate, indicating that the proposed building or structure complies with all the provisions of this title. Any permit or certificate issued in conflict with the provisions of this title shall be null and void.
B. Plans and Drawings. Every application for a zoning certificate shall be accompanied by:
1. A plot plan of the piece or parcel of land, lot, lots, block or blocks, or parts or portions thereof, drawn to scale showing the actual dimensions of the piece or parcel, lot, lots, block or blocks, or portions thereof, according to the registered or recorded plat of such land; and
2. Additional drawings drawn to a scale in such form as may, from time to time, be prescribed by the zoning administrator showing the ground area, height, and bulk of the building or structure, the building lines in relation to lot lines, the use to be made of the building or structure, or land, and such other information as may be required by the zoning administrator for the proper enforcement of this title.
3. The zoning administrator may, in those cases where in his judgment it is necessary, require certification by a registered professional engineer, registered architect, or registered land surveyor. (1980 Zoning Code § 3.6)
17.03.070 Occupancy certificates.
No buildings, or additions thereto, constructed after the effective date of this title, and no addition to a previously existing building shall be occupied, and no land, vacant on the effective date of this title, shall be used for any purpose until a certificate of occupancy has been issued by the zoning administrator. No change in a use shall be made until a certificate of occupancy has been issued by the zoning administrator.
Every certificate of occupancy shall state that the use or occupancy complies with the provisions of this title.
A. Application for Occupancy Certificate. Every application for a building permit or zoning certificate shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new use of land where no building permit is required shall be made directly to the zoning administrator.
B. Issuance of Occupancy Certificate. No occupancy certificate for a building, or portion thereof, constructed after the effective date of this title, shall be issued until construction has been completed and the premises inspected and certified by the zoning administrator to be in conformity with the plans and specifications upon which the zoning certificate was based. No occupancy certificate for a building, or addition thereto, constructed after the effective date of this title, shall be issued and no addition to a previously existing building shall be occupied until the premises have been inspected and certified by the zoning administrator to be in compliance with all applicable standards. 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. The term of this temporary certificate may be extended by mutual consent of the applicant and village. The occupancy certificate shall be issued or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, not later than fourteen days after the zoning administrator is notified in writing that the building or premises is ready for occupancy. (1980 Zoning Code § 3.7)
17.03.080 Variations.
A. Purpose. The zoning board of appeals, after a public hearing, may vary the regulations of this title in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where such board makes findings of fact in accordance with the standards hereinafter prescribed, and further, finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this title.
Requests for variations other than those expressly specified in this section shall be heard by the zoning board of appeals and a recommendation thereon shall be forwarded to the board of trustees for final disposition.
B. Application and Notice of Hearing.
1. An application for a variation 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 zoning certificate.
2. An application for a variation shall be filed with the zoning administrator, who shall forward such application to the zoning board of appeals for processing.
3. Notice of all public hearings conducted by the zoning board of appeals wherein an application for a variation is to be considered shall be published at least once not more than thirty nor less than fifteen days before said hearing in one or more newspapers with a general circulation within the village.
C. Standards for Variations. The zoning board of appeals shall not vary the regulations of this title unless it shall make findings based upon the evidence presented to it in each specific case that:
1. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out;
2. The conditions upon which an application for a variation is based are unique to the property for which the variance is sought, and are not applicable, generally, to other property within the same zoning classification;
3. The purpose of the variation is not based primarily upon a desire to increase financial gain;
4. The alleged difficulty or hardship is caused by this title and has not been created by any persons presently having an interest in the property;
5. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located;
6. The granting of the variation will not alter the essential character of the neighborhood; and
7. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or impair natural drainage or create drainage problems on adjacent properties, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.
The zoning board of appeals may impose such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards established in this section and the objectives of this title.
D. Authorized Variations. Variations from the regulations of this title shall be granted by the zoning board of appeals only in accordance with the standards established in subsection C of this section, and may be granted only in the following instances and in no others. However, the degree or amount of exception or variation cited below is the maximum allowance, not the recommended.
1. To permit any yard or setback less than a yard or a setback required by the applicable regulations;
2. To permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots, but in no event shall the respective area and width of the lot or lots be less than eighty percent of the required area or width;
3. To permit the same off-street parking facility to qualify as required facilities for two or more uses; provided, that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week;
4. To reduce the applicable off-street parking or loading facilities required by not more than one parking space or loading space, or twenty percent of the required facilities, whichever is greater;
5. To increase by not more than forty percent the maximum distance that required parking spaces are permitted to be located from the use served;
6. To allow for the deferment of required parking facilities for a reasonable period of time, such period of time to be specified in the variance;
7. To allow the waiving of the amortization provisions contained in Chapter 17.05 RMC, nonconforming buildings, structures and uses.
Requests for any variation other than those listed above shall be decided by the president and board of trustees after a hearing thereon by the zoning board of appeals and subsequent recommendation to the president and board of trustees.
E. Revocation. Where a variation has been granted pursuant to the provisions of this title, such approval shall become null and void unless work thereon is substantially underway within twelve months of the date of issuance, unless extended by the zoning board of appeals or president and board of trustees, after public hearing. (1980 Zoning Code § 3.8)
17.03.090 Appeals.
A. Authority. The zoning board of appeals shall hear and decide appeals from any administrative order, requirement, decision, or determination made by the zoning administrator or other authorized officials of the village relating to regulations of this title.
B. Initiation. 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 title by the zoning administrator or other authorized official of the village.
C. Processing. An appeal shall be filed with the zoning administrator, who shall forward such appeal to the zoning board of appeals for processing in accordance with applicable statutes of the state of Illinois.
D. Public Hearing. A public hearing shall be conducted by the zoning board of appeals upon every appeal. Notice of the hearing shall be published at least once not more than thirty nor less than fifteen days before said hearing in one or more newspapers with a general circulation within the village.
E. Decisions. All decisions, after hearing before the zoning board of appeals on appeals from an administrative order, requirement, decision, or determination relating to this title, of the zoning administrator or other authorized official of the village shall, in all instances, be final administrative determinations and shall be subject to judicial review only in accordance with applicable statutes of the state of Illinois. (1980 Zoning Code § 3.9)
17.03.100 Amendments.
A. Authority – Declaration of Public Policy. For the purpose of promoting the public health, safety, and general welfare, conserving the value of property throughout the community, and lessening or avoiding congestion in the public streets and highways, the president and board of trustees may, from time to time, in the manner hereinafter set forth, amend the regulations imposed in the districts created by this title or amend district boundary lines; provided, that in all amendatory ordinances adopted under the authority of this section, due allowances shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantage of the entire community, and the uses to which property is devoted at the time of the adoption of such amendatory ordinance.
B. Initiation of Amendment. Text amendments may be proposed by the president and board of trustees, plan commission, zoning board of appeals, other village officials or any interested person or organization.
Map amendments may be proposed by the owner of the property involved or the president and board of trustees, the plan commission, zoning board of appeals, or other village officials.
C. Application for Amendment – Procedure. An application for an amendment to this title shall be filed with the zoning administrator in such form and accompanied by such information as required by the zoning administrator. The zoning administrator, upon receiving an application for amendment, shall transmit the application, within ten days, along with all pertinent data filed therewith, to the plan commission for review and recommendation to the president and board of trustees.
D. Hearing on Application. Within sixty days of receipt by the zoning administrator of any application for amendment, the plan commission shall hold public hearings in accordance with existing procedures and in accordance with the Compiled Statutes of the state of Illinois.
E. Notice of Hearing.
1. Text Amendment. The applicant shall provide the following notice of public hearing related to a proposed text amendment: Notice of time and place of such hearing shall be published at least once in a newspaper of general circulation within the village not more than thirty days nor less than fifteen days before such hearing.
2. Map Amendment. The applicant shall provide the following notices of public hearings related to a proposed map amendment:
a. Property Owner Notice. Applicant shall deliver notice of the public hearing by certified mail, return receipt requested, to the owners of all property within two hundred fifty feet of the subject property. The owners of all property within two hundred fifty feet of the boundary lines of the subject property shall be determined by either: (i) the owner, as recorded in the office of the Cook County recorder of deeds; or (ii) the person who last paid property taxes as reflected in the tax records of the Cook County treasurer.
b. Newspaper Notice. Applicant shall publish notice of the public hearing in a local newspaper of general circulation within the village of Riverdale.
c. Posted Notice. Applicant shall post notice of the public hearing on the subject property so that it is clearly visible from a public street and within ten feet of the property line nearest to a public street. The posted notices shall be a minimum of two-foot by two-foot sign placed in a location that is approved by the zoning administrator.
d. Content and Approval of Notice. All public hearing notices under this section shall: (i) indicate the date, time, and location of the public hearing, and the proposed action that is subject to notice; (ii) indicate where additional information can be obtained; (iii) describe the property involved in the application by street address, general location, and/or legal description, sufficient to identify the property; (iv) describe the purpose of the application; and (v) the name of the petitioner. All notices shall be submitted to the zoning administrator for approval and assignment of a date and time for the hearing or action.
e. Timing. Unless otherwise provided by state statute, any notice mandated under this section shall be mailed, published or posted at least fifteen but not more than thirty days prior to the public hearing, meeting or action that is subject of the notice.
F. Findings of Fact and Recommendation of the Plan Commission. The plan commission shall submit written recommendations to the president and board of trustees within sixty days of receipt of the application. Extension of this time period may be allowed by mutual consent of applicant and plan commission. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the plan commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters:
1. Existing uses of property within the general area of the property in question;
2. The zoning classification of property within the general area of the property in question;
3. The suitability of the property in question to the uses permitted under the existing zoning classification;
4. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place in its present zoning classification; and
5. The objectives of the current land use plan for the village.
The plan commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment is not detrimental to the public interest. The plan commission may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. For the purpose of this paragraph, the CR district shall be considered the highest classification and the I-2 district shall be considered the lowest classification.
G. Action by the President and Board of Trustees.
1. The president and board of trustees shall not act upon a proposed amendment to this title until it shall have received a written report and recommendation from the plan commission on the proposed amendment.
2. The president and board of trustees may grant or deny any application for an amendment, or refer it back to the plan commission for further consideration; provided however, that in case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of twenty percent or more either of the areas of the land included in such proposed change, or by the owners of twenty percent or more of the area of the land immediately adjacent extending one hundred feet therefrom, or by the owners of twenty percent or more of the land directly opposite thereto extending one hundred feet from the street frontage of such opposite land, such amendment shall not be passed except by two-thirds vote of the president and board of trustees.
H. Effect of Denial of Amendment. No application for a map amendment which has been denied by the president and board of trustees shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of change of condition found to be valid by the zoning administrator; and no application for a text amendment which has been denied shall be resubmitted within ninety days.
I. Repeal of Amendment. In any case where a change of boundary lines of the zoning district map has been granted, and where no development has taken place within one year, the plan commission may hold a public hearing, after notice of public hearing has been given, as specified in subsection E of this section, and recommend to the president and board of trustees that such zoning be affirmed or repealed and rezoned to its most appropriate district classification. (Ord. 2015-05 § 3, 2015; 1980 Zoning Code § 3.10)
17.03.110 Conditional use.
A. Purpose. The development and execution of this code is based upon the division of the village into districts within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use in the particular location. Such conditional uses fall into two categories:
1. Uses publicly operated or traditionally affected with a public interest.
2. Uses entirely private in character, but of such an unusual magnitude or nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
B. Initiation of Conditional Use. Any person, firm, corporation, office, department, or other legal entity having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest or an exclusive possessory interest, and which is specifically enforceable, may file an application to use such land for one or more of the conditional uses provided for in this title in the zoning district in which the land is located.
C. Application for Conditional Use. An application for a conditional use shall be filed with the zoning administrator on a form prescribed by the zoning administrator. The application shall be accompanied by such plans and/or data prescribed by the plan commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use will conform to the standards set forth in subsection G of this section. Such application shall be forwarded from the zoning administrator to the plan commission for review and recommendation to the president and board of trustees.
D. Hearing on Application for Conditional Use. The plan commission shall hold a public hearing on each application, at such time and place as shall be established by the plan commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such manner as the plan commission shall, by rule, prescribe from time to time.
E. Notice of Hearing. Notice of time and place of such hearing shall be published at least once in a newspaper of general circulation within the village not more than thirty days nor less than fifteen days before such hearing.
F. Authorization. For each application for a conditional use, the plan commission shall, within sixty days of receipt of the application, report its written findings and recommendations to the president and board of trustees, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest.
G. Standards. No conditional use shall be recommended by the plan commission, unless such commission shall find:
1. That the establishment, maintenance, or operation of the conditional use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare;
2. That the conditional use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;
3. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
4. That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;
5. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;
6. That the proposed conditional use is not contrary to the objectives of the current land use plan for the village; and
7. That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendations of the plan commission.
H. Conditions and Guarantees. Prior to the granting of any conditional use, the plan commission may recommend and the president and board of trustees may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use as are deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in subsection G of this section. In all cases in which conditional uses are granted, the president and board of trustees shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.
I. Action by the President and Board of Trustees.
1. The president and board of trustees shall not act upon a proposed conditional use permitted under this title until it shall have received a written report and recommendation from the plan commission on the proposed conditional use.
2. The president and board of trustees may grant or deny, by ordinance, or refer back to the plan commission for further study, any application for conditional use, and may establish such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use as are deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in subsection G of this section.
3. In all cases where the president and board of trustees permit the establishment of a conditional use, the terms of the relief granted shall be specifically set forth in the ordinance or resolution in a conclusion statement, separate from any findings of fact in the case.
J. Effect of Denial of a Conditional Use. No application for a conditional use, which has been denied wholly or in part by the president and board of trustees, shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the president and board of trustees.
K. Revocation.
1. In any case where a conditional use has not been established (substantially underway) within one year from the date of granting thereof, then, without further action by the president and board of trustees, the conditional use or authorization thereof shall be null and void.
2. In all other cases, revocation of a conditional use shall be governed by the following procedure:
a. Procedure. The zoning administrator, upon receipt of a complaint filed by the zoning or building departments, convenes and holds a public hearing to consider and receive relevant evidence and testimony regarding the revocation of a conditional use granted in accordance with the provisions of this chapter. No hearing shall take place without written notice of the date, time, place and purpose of such public hearing and the nature of the complaint having been first served on the owner of the property or grantee of the conditional use. Service of a complaint and notice of hearing shall be by certified mail, postage prepaid, return receipt requested not less than fifteen nor more than thirty days prior to the date of the revocation hearing. The property owner or grantee of the conditional use shall have an opportunity to appear at the hearing, to be represented by counsel and to present evidence on his own behalf. Additional notices of the public hearing may be given in the manner provided in this chapter, governing notices for conditional uses. The public hearing shall be conducted and hearing records maintained in the manner prescribed by this chapter, as well as Article 11, Division 13, of the Illinois Municipal Code. Upon conclusion of the hearing, the zoning administrator may recommend to the corporate authorities of the village that the conditional use heretofore granted be revoked if, from the testimony and evidence presented at the hearing, it is determined, by a preponderance of the evidence, that any one or more of the following grounds exist to revoke the conditional use:
i. Approval for the conditional use was obtained by fraud;
ii. The conditional use is being or has been exercised contrary to the conditions of the ordinance granting the conditional use, or in violation of any applicable licenses, permits, regulations, laws or ordinances of the state of Illinois or the village of Riverdale; or
iii. The conditional use granted has been exercised in such a manner so as to be detrimental to the public health or safety or so as to constitute a public nuisance.
b. Findings. Within thirty days after conclusion of the public hearing, the zoning administrator shall make written findings of fact, a recommendation as to whether or not the conditional use should be revoked, or whether the owner of the property or grantee of the conditional use shall be given additional time, not to exceed sixty days, to correct the violations or conditions complained of, act upon the conditional use or otherwise comply with the provisions of this code, other law or regulation. The zoning administrator’s written findings of fact and recommendation shall be forwarded to the corporate authorities of the village of Riverdale for final action. No conditional use shall be revoked unless by ordinance approved by a majority vote of the corporate authorities.
c. Form of Complaint. All complaints for revocation of a conditional use, filed by the building or zoning department, shall reasonably inform the property owner or grantee of the conditional use, as the case may be, of the violation or complaint alleged.
d. Burden of Proof. The burden of presenting proof sufficient to warrant a recommendation of revocation of a conditional use shall be upon the party advocating revocation of a conditional use.
e. Appointment of Hearing Officer. The zoning administrator, or his designee, is hereby appointed to the position of hearing officer for purposes of conducting public hearings regarding the revocation of conditional use.
L. Expiration and Transferability. A conditional use approval shall be deemed to authorize only one particular conditional use and shall expire if the conditional use shall cease for more than twelve months for any reason. However, the ownership of an authorized conditional use may be changed if the use remains unchanged.
If, prior to the issuance of a building permit, the person, firm, corporation or organization to whom a conditional use permit has been granted transfers his interest in the land upon which the permit was granted to another person, firm, corporation or organization, such conditional use permit shall be null and void.
M. Planned Developments. Planned developments are of such substantially different character from other conditional uses that specific and additional standards and exceptions are hereby established to govern the actions of the plan commission and president and board of trustees.
1. Purposes. A planned development conditional use is a privilege to be earned and not a right which can be claimed simply upon complying with all the standards established in this section. The plan commission and the president and board of trustees may require any reasonable condition or design consideration which will promote proper development of benefit to the community. It is not intended that the president and board of trustees automatically grant the maximum use exceptions or density increase in the case of each planned development. The plan commission shall recommend and the president and board of trustees shall grant only such increase or latitude which is consistent with the benefit accruing to the village as a result of the planned development. As a condition for approval, each planned development must be compatible with the character and objectives of the zoning district or districts within which it is located, and each planned development shall be consistent with the objectives of the village’s land use plan.
If a proposed planned development also constitutes a subdivision, the required hearings and processes for subdivision and zoning approval may be accommodated simultaneously.
Some specific purposes of the planned development procedure are:
a. Residential Planned Development. To offer recreational opportunities close to home, to enhance the appearance of neighborhoods by the conservation of streams and local spots of natural beauty, to add to the sense of spaciousness through the preservation of natural green spaces, to counteract the effects of urban monotony and congestion in the streets, to encourage cooperative relationships between neighbors and participation by all age groups in the use and care of local open space tracts in new residential subdivisions, to promote harmonious architecture between adjacent dwellings or institutional buildings, and to encourage the placement of structures in proper relationship to the natural characteristics of the site.
b. Business or Commercial Planned Development. To promote the cooperative development of business or commercial centers each with adequate off-street parking, to control access points on thoroughfares, to separate pedestrian and automobile traffic, to aid in stabilizing property values, to develop centers of size and location compatible with their market potential, to buffer adjacent residential areas with landscaped green spaces and to encourage harmonious architecture between adjacent commercial structures and between dwellings and commercial structures.
c. Industrial Planned Development. To promote the establishment of industrial parks, to permit groups of industrial buildings with integrated design and a coordinated physical plan, to encourage recreational facilities within industrial areas and to buffer adjacent residential areas with landscaped green spaces.
2. Procedure for Approval.
a. Preapplication Conference. Prior to filing a formal application for approval of a planned development, the developer shall request a preapplication conference; such request shall be submitted to the zoning administrator.
The purpose of such conference is to allow the developer to present a general concept of his proposed development prior to the preparation of detailed plans. For this purpose the presentation shall include, but not limited to, the following:
i. Written “letter of intent” from the developer establishing his intentions as to development of the land.
ii. Topographic survey and location map.
iii. Sketch plans and ideas regarding land use, dwelling type and density, street and lot arrangement, and tentative lot sizes.
iv. Tentative proposals regarding water supply, sewage disposal, surface drainage, and street improvements.
The zoning administrator shall advise the developer of the zoning requirements, subdivision regulations, and village plans which might affect the proposed development as well as the procedural steps for approval.
The zoning administrator shall maintain a record of all documents submitted at the preapplication conference and a record of those attending the conference. No fee shall be charged for the preapplication conference.
b. Preliminary Plan. The preliminary plan of the planned development shall be filed with the zoning administrator, who shall in turn forward copies to the secretary of the plan commission for their consideration and public hearing. The plan commission may request review of the planned development by, and recommendations from, appropriate village departments and offices. The required procedure for consideration and approval of the preliminary plan shall be:
i. Submission of the following:
(A) Written application for approval of a planned development shall be made on forms and in the manner prescribed by the plan commission.
(B) The application shall be accompanied by a fee consistent with the approved fee schedule.
(C) The preliminary plan and supporting data shall be in accordance with the provisions of subsection (M)(5) of this section (Specific Content of Plans).
ii. The plan commission shall hold a public hearing on the application for a planned development in accordance with subsections D and E of this section.
iii. Following the public hearing and review of the preliminary planned development and supporting data, the plan commission shall send its findings and recommendations to the president and board of trustees which shall, within sixty days, approve, approve with modifications, or disapprove the plan or return it to the plan commission for further consideration.
iv. Approval of a preliminary planned development plan shall not constitute approval of the final plan, rather it shall be deemed an expression of approval of the layout submitted on the preliminary plan as a guide to the preparation of the final plan or plans.
v. Upon approval of the preliminary plan by the president and board of trustees a record shall be prepared, including findings of fact, recommendations of the village departments and offices, exceptions or bonuses granted, conditions applied, and modifications ordered.
c. Final Plan. The final plan shall be submitted by the developer not later than one hundred eighty days (or such additional time, as may be authorized by the plan commission and president and board of trustees from time to time) after approval of the preliminary plan. The preliminary and final plan may be filed and approved simultaneously, if all requirements hereof are met. The final planned development plan shall conform substantially to the preliminary plan as approved and, if desired by the developer, it may be submitted in stages with each stage reflecting a portion of the approved preliminary plan which is proposed to be recorded and developed; provided, however, that such portion conforms to all requirements of these regulations. The required procedure for approval of a final plan shall be:
i. The final plan and supporting data shall be filed with the zoning administrator and forwarded by him to the secretary of the plan commission for certification that the final plan is in conformity with these regulations and in agreement with the approved preliminary plan.
ii. All final plans shall be accompanied by a written construction schedule for the development.
d. Recording the Approved Plan. A copy of the approved final plan shall be recorded with the county recorder of deeds by the zoning administrator. Proof of such recording shall be required prior to the issuance of building permits.
3. Changes in the Planned Development. A planned development shall be developed only according to the approved and recorded final plan and all supporting data. The recorded final plan and supporting data together with all recorded amendments shall be binding on the applicants, their successors, grantees and assigns and shall limit and control the use of premises (including the internal use of buildings and structures) and location of structures in the planned development as set forth therein.
a. Major Changes. Changes which alter the concept or intent of the planned development including increases in the density, change in location and types of nonresidential land uses, increases in the height of buildings, reductions of proposed open space, more than a fifteen percent modification in proportion of housing types, changes in road standards or alignment, utilities, water, electricity, and drainage, or changes in the final governing agreements, provisions, or covenants, may be approved only by submission of a new preliminary plan and supporting data, and following the “preliminary approval” steps and subsequent amendment of the final planned development plan.
b. Minor Changes. The plan commission may approve changes in the planned development which do not change the concept or intent of the development, without going through the “preliminary approval” steps. Minor changes are defined as any change not defined as a major change.
4. Schedule of Construction. The president and board of trustees shall consider the planned development subject to revocation if construction falls more than one year behind the schedule filed with the final plan, or exceeds five years. The developer shall be notified prior to any revocation action. It shall be considered notification if notice is sent via registered or certified mail to developer’s last known address. Extensions in the building schedule may be granted by the president and board of trustees.
5. Specific Content of Plans. Planned development plans and supporting data shall include at least the following information:
a. Preliminary Plan Stage.
i. Detailed Plan. A drawing of the planned development shall be prepared at a scale of not less than one inch equals two hundred feet, and at a size appropriate for reduction for recording purposes, and shall show such designations as proposed streets (public and private), all buildings and their use, common open space, recreation facilities, parking areas, service areas, and other facilities to indicate the character of the proposed development. The submission may be composed of one or more sheets and drawings and shall include:
(A) Boundary lines: bearings and distances.
(B) Easements: location, width, and purpose (including fire lanes).
(C) Streets on, and adjacent to, the tract: street name, right-of-way width, existing or proposed centerline elevations, pavement type, walks, curbs, gutters, culverts, and the like.
(D) Utilities on, and adjacent to, the tract: location, size, and invert elevation of sanitary and storm sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines and streetlights; direction and distance to, and size of, nearest water mains and sewers adjacent to the tract showing invert elevation of sewers.
(E) Ground elevations on the tract: for land that slopes less than one-half percent, show one-foot contours; show spot elevations at all breaks in grades, along all drainage channels or swales, and at selected points not more than one hundred feet apart in all directions; for land that slopes more than one-half percent, show two-foot contours.
(F) Subsurface conditions on the tract, if required by the village engineer; location and results of tests made to ascertain subsurface soil, rock and groundwater conditions; depth to groundwater, unless test pits are dry at depth of five feet.
(G) Zoning on, and adjacent to, the tract.
(H) Internal uses of each building or structure, as well as the specific overall land use of the premises.
(I) Title and certificates: present tract designation according to official records in offices of the county recorder of deeds; title under which the proposed development is to be recorded, with names and addresses of owners, and notation stating acreage.
(J) Names: the names and addresses of the persons to whom notices of hearing hereunder may be sent including the subdivider of developer, the designer of the subdivision or development, and the owners of the land immediately adjoining the land to be platted.
(K) Open space: all parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the purpose indicated.
(L) General location, purpose, and height of each building, other than single-family residences on individual lots.
(M) Map data: name of development, north point, scale, and date of preparation.
ii. Character. Explanation of the character of the planned development and the reasons why it has been planned to take advantage of the flexibility of these regulations.
iii. Ownership. Statement of present and proposed ownership of all land within the project.
iv. Schedule. Development schedule indicating:
(A) Stages in which project will be built with emphasis on area, density, use and public facilities such as open space to be developed with each stage. Overall design of each stage shall be shown on the plan and through supporting graphic material.
(B) Approximate dates for beginning and completion of each stage.
v. Covenants. Proposed agreements, provisions, or covenants which will govern the use, maintenance, and continued protection of the planned development and any of its common open space.
vi. Density. Provide information on the density of residential uses, including dwelling units per acre, the number of dwelling units by type, and the number of buildings by type.
vii. Nonresidential Use. Provide information on the type and amount of ancillary and nonresidential uses in a residential development, including the amount and location of common open space.
viii. Service Facilities. Provide information on all service facilities and off-street parking facilities.
ix. Architectural Plans. Preliminary architectural plans for all primary buildings shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the building and the number, size, and type of dwelling units.
x. Facilities Plans (Including Street Profile Plans). Preliminary plans for:
(A) Roads, including classification, width of pavement, and construction details.
(B) Sidewalks.
(C) Sanitary sewers.
(D) Storm drainage.
(E) Water supply system.
(F) Underground lighting program.
(G) A general landscape planting plan.
b. Final Plan Stage.
i. Final Detailed Plan. A final plan, suitable for recording with the county recorder of deeds shall be prepared. The purpose of the planned development plan is to designate with particularity the land subdivided into conventional lots as well as the division of other lands, not so treated, into common open areas and building area, and to designate and limit the specific internal uses of each building or structure, as well as of the land in general. The final plan of the planned development shall include, but not be limited to:
(A) An accurate legal description of the entire area under immediate development within the planned development.
(B) If subdivided lands are included in the planned development, a subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat.
(C) An accurate legal description of each separate unsubdivided use area, including common open space.
(D) Designation of the exact location of all buildings to be constructed, and a designation of the specific internal uses to which each building shall be put.
(E) Certificates, seals, and signatures required for the dedication of land and recording of the document.
(F) Tabulations on each separate unsubdivided use area, including land area, number of buildings, number of dwelling units per acre.
ii. Common Open Space Documents. All common open space, at the election of the village, shall be:
(A) Conveyed to a municipal or public corporation, or conveyed to a not-for-profit corporation or entity established for the purpose of benefiting the owners and residents of the planned development or adjoining property owners or any one or more of them; or
(B) Guaranteed by a restrictive covenant describing the open space and its maintenance and improvement, running with the land for the benefit of residents of the planned development or adjoining property owners and/or both.
iii. Public Facilities. All public facilities and improvements made necessary as a result of the planned development shall be either constructed in advance of the approval of the final plan, or, at the election of the village, escrow deposits, irrevocable letters of credit in a form approved by the village, or performance bonds shall be delivered to guarantee construction of the required improvements.
iv. Covenants. Final agreements, provisions, or covenants shall govern the use, maintenance and continued protection of the planned development. Such instruments of agreement shall include, where applicable, a surety bond favoring the village, in the amount of the estimated cost of such proposed site improvements as pools, fountains, landscaping, and other features.
6. Use Exceptions. The plan commission may recommend and the president and board of trustees may authorize that there be permitted in part of the area of a proposed planned development, and for the duration of such development, specified uses not permitted by the use regulations of the district in which said development is located; provided, that the commission shall find:
a. That the uses permitted by such exceptions are necessary or desirable and are appropriate with respect to the primary purpose of the planned development;
b. That the uses permitted by such exceptions are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood;
c. That not more than forty percent of the ground area or of the gross floor area of such development shall be devoted to the uses permitted by said exception; provided, however, that in a residential planned development not more than ten percent of the total ground area in the planned development shall be devoted to uses first permitted within the commercial districts; and no area within a residential planned development shall be devoted to uses first permitted within the industrial zoning districts.
7. Bulk Regulations. In the case of any planned development, the plan commission may recommend and the president and board of trustees may authorize exceptions to the applicable bulk regulations of this title within the boundaries of such planned development; provided, that the plan commission shall find:
a. That such exceptions shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such development as well as the neighboring property than would be obtained under the bulk regulations of this title for buildings developed on separate zoning lots;
b. That along the periphery of such planned developments, yards shall be provided as required by the regulations of the district in which said development is located; and
c. That in a residential planned development the maximum number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per dwelling unit required by the district or districts in which the area is located, and then increasing this number by forty percent. Net development area shall be determined by subtracting the area set aside for nonresidential uses from the gross development area, and deducting from the remainder the area required for streets as set forth in the site plan. In no event shall the area for streets be computed at less than ten percent of the gross development area. The area of land set aside for common open space or recreational uses may be included in determining the number of dwelling units permitted.
8. Designation of Permanent Common Open Space.
a. Definition. “Permanent common open space” shall be defined as parks, playgrounds, parkway medians, landscaped green space, schools, community centers or other similar areas in public ownership or areas covered by an open space easement.
b. Designation. No plan for a planned development shall be approved, unless such plan provides for permanent open space equivalent to at least twenty percent of the total development area in residential planned developments.
9. Minimum Lot Area in Residential Planned Developments. Provided the overall number of dwelling units per acre (density) is not increased beyond the provisions of subsection (M)(7)(c) of this section; and provided, that the permanent common open space is in accord with subsection (M)(8) of this section, the planned development may include minimum lot areas per dwelling unit smaller than those normally required in the zoning district. (Ord. 2019-05 § 3, 2019; 1980 Zoning Code § 3.11)
17.03.120 Site plan review.
A. Intent. In order to exercise a more reasonable control of land use design features within areas of significant impact or critical concern, the village hereby establishes a site plan review process. It is recognized that there exists within the village areas of environmental sensitivity, and sites which because of their location possess potential for traffic-generating problems, overcrowding, and adverse environmental and/or safety effects. It is these areas or locations which the village intends to subject to site plan review.
B. Review Board. There is hereby created the site plan review board. Such board shall consist of the building inspector, police chief and fire chief. The board shall adopt its own rules and regulations, and shall appoint its chairman. All meetings of the board shall be at the call of the chairman. A quorum shall consist of two members.
C. Procedure. Every application for a zoning certificate or occupancy certificate within those areas designated as areas of significant impact or critical concern on the site plan review map shall be forwarded by the zoning administrator to the site plan review board for their review, recommendations, and approval as to site design. The site plan review map shall be prepared by the plan commission, reviewed by the site plan review board and adopted by the president and board of trustees. In their review of such applications the board shall utilize the land use plan, all supplementary planning studies, and all development guidelines and standards that may be contained in the manual of site design standards. The site plan review board shall return its recommendations to the zoning administrator within ten days of receipt thereof.
In the case of permitted uses the zoning administrator shall not issue a zoning certificate until he has received the recommendations of the site plan review board. The findings and recommendations of the plan commission regarding conditional uses shall not be forwarded to the board of trustees until the recommendations of the site plan review board have been received and incorporated into the site plan.
D. Appeal. Any applicant shall have the right to appeal any decision or directive of the site plan review board by filing an appeal with the zoning board of appeals. (1980 Zoning Code § 3.12)
17.03.130 Fees.
Any person, firm, corporation or agent who shall file an application for amendment or application for an appeal, variance or conditional use shall be charged a fee in accordance with the fee schedules established by the village board. (Ord. 2015-04 § 3, 2015; Ord. 2003-32 § 1, 2003; 1980 Zoning Code § 3.13)
17.03.140 Penalties.
Any person, firm, or corporation who violates, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this zoning code shall, upon conviction, be fined not less than twenty-five dollars nor more than five hundred dollars for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. (1980 Zoning Code § 3.14)
Code reviser’s note: See also Chapter 2.80 RMC.