(A) Community Development Director authority.
(1) The Community Development Director shall have the authority to receive applications and make determinations for the following staff review procedures:
(a) Development staff review;
(b) Staff adjustment;
(c) Site plan review;
(d) Sign permit;
(e) Fence permit;
(f) Specific use permits:
I. Home occupation permit;
II. Outdoor dining permit;
III. Outdoor special exhibition, show or sales permit;
IV. Temporary buildings, structures, or uses.
(2) Any applicant who receives a notice of denial as an outcome of a staff review procedure from the Community Development Director may, within 30 days after receipt of notice of such decision, appeal such decision to the Zoning Board of Appeals by filing a written notice of appeal with the Community Development Director with an explanation as to why said decision was not warranted according to the applicant.
(B) Engineering Services Director authority.
(1) The Engineering Services Director shall have the authority to receive applications and make determinations for land improvement permits.
(2) Any applicant who receives a notice of denial as an outcome of a staff review procedure from the Engineering Services Director may, within 30 days after receipt of notice of such decision, appeal such decision to the Village Board by filing a written notice of appeal with the Engineering Services Director.
(C) Summary of staff review procedures. Table 16-8-3(C) summarizes the staff review procedures and lists the appropriate boards or commissions for appeals of staff determinations or decisions.
Procedure | Section | Community Development Director | Engineering Services Director | Zoning Board of Appeals | Village Board |
Procedure | Section | Community Development Director | Engineering Services Director | Zoning Board of Appeals | Village Board |
Development Staff Review | 16-8-3(D) | [ ] | |||
Staff Adjustment | 16-8-3(E) | [ ] | |||
Site Plan Review | 16-8-3(F) | [ ] | * | ||
Sign Permit | 16-8-3(G) | [ ] | * | ||
Fence Permit | 16-8-3(H) | [ ] | * | ||
Specific Use Permit | 16-8-3(I) | [ ] | * | ||
Land Improvement Permit | 16-8-3(J) | [ ] | * | ||
[ ] = Review and Final Determination | |||||
* = Appeal Body | |||||
(D) Development staff review.
(1) Applicability. The developer of any proposed development, or his/her agent, may apply to the village for development staff review with the submission of plans and information reflecting the details of the proposed development.
(2) Application. An application for development staff review shall include a brief description of the project and any other pertinent project information.
(3) Purpose. The purpose of the development staff review is to offer the developer initial feedback regarding technical, code-based requirements pertaining to a potential development.
(4) Review. The Community Development Director shall inform the developer in writing of the extent to which the plans and information as submitted or as modified do or do not meet the requirements of the UDO and other village ordinances and policy documents.
(E) Staff adjustment.
(1) Applicability. The Community Development Director, upon written request, shall have the authority to authorize a deviation of up to 10% from any side or rear yard setback requirements set forth in § 16-3-9. The adjustment shall be only granted to the minimum extent necessary, in order to closely maintain the intent of the dimensional standard.
(2) Application. An application for a staff adjustment shall include a brief description of the requirement to be varied and any other information necessary to ensure the review criteria are met.
(3) Review criteria. To approve an application for a staff adjustment, the Community Development Director shall make an affirmative finding that the following review criteria are met:
(a) That granting the staff adjustment will ensure the same general level of land use compatibility as the otherwise applicable standards.
(b) That granting the staff adjustment will not materially and adversely affect adjacent land uses and the physical character of uses in the immediate vicinity of the proposed development because of inadequate buffering, screening, setbacks, and other land use considerations.
(c) That granting the staff adjustment will be generally consistent with the purposes and intent of this Unified Development Ordinance.
(d) That the staff adjustment granted is the minimum amount necessary for the application and is not more than 10% of the required dimension established by the Unified Development Ordinance.
(4) Review and action. The Community Development Director shall review the application and approve, approve with conditions, or deny the application based on the review criteria. A written decision including the findings on the review criteria shall be rendered to the applicant.
(5) Appeals. Appeal of a staff adjustment denied by the Community Development Director shall not be permitted. Instead, the applicant may choose to apply for a variation in accordance with § 16-8-4(A)(5).
(F) Site plan review.
(1) Applicability. Whenever any proposed development meets any of the following criteria, a site plan review shall be required to certify compliance with all applicable provisions of this UDO. Development proposed in the Gary Avenue Corridor or North Avenue Corridor Overlay Districts shall be reviewed as detailed in § 16-8-4(A)(4)(j). Prior to review and issuance of an application for a building permit or land improvement permit for developments identified in § 16-8-3(F)(a), an application for site plan review must be submitted and reviewed by village staff.
(a) New development, including the construction or placement of any new building(s) or expansion of any existing building, in any of the following general use categories, as found in § 16-3-11:
I. Multiple-unit dwellings, complex;
II. Commercial retail;
III. Commercial service;
IV. Eating and drinking;
V. Physical health and entertainment;
VI. Auto oriented businesses;
VII. Office;
VIII. Industrial; and
IX. Medical uses.
(b) The proposed development is subject to off-street parking and loading improvement requirements, see § 16-5-2.
(2) Application. When site plan review is required, such plans shall be submitted in a form established by the Community Development Director, along with a nonrefundable fee established by the Village Board. The application shall contain the following information:
(a) Plans at a size of at least 24 inches by 36 inches, and drawn to scale.
(b) Labels for the date, scale, north point, title, name of owner, and name of person preparing the plan.
(c) A map layout showing the location of existing boundary lines and dimensions of the legal lot(s) or tract of land, any existing easements, and utility locations. A boundary survey prepared by a professional land surveyor registered in the State of Illinois may be required by the Community Development Director.
(d) The location, size, and setbacks from the property lines, of all existing and proposed structures, buildings, and land improvements.
(e) A building elevation plan showing the height, facade design, and exterior building materials and window specifications, for all proposed buildings.
(f) A site plan, showing the location and size of existing and proposed streets and alleys, sidewalks, parking and loading spaces, ADA compliant spaces, drive aisles, driveways, vehicular and pedestrian circulation, cross-access connections, fire lanes, bumpers, curbs, wheel stops.
(g) A landscaping plan, showing the location and size of existing and proposed landscaping areas, including parking lot perimeter area landscaping, parking lot interior area landscaping, building foundation area landscaping, transition area landscaping, and curbing, a table of plant types, sizes, and quantities, installation specifications, irrigation, and maintenance provisions.
(h) The location, size, and type of proposed permanent signs, if known.
(i) A preliminary application for a Stormwater Management Certification that includes narratives and/or calculations to support the approximate footprints of any stormwater management facilities and/or special management areas shown on the site plan. This shall include an Alternatives Analysis per 15-86.B and/or 15-86.C of the DuPage County Ordinance for every direct impact to a wetland that is proposed.
(3) Review and action. The Community Development Director shall:
(a) Review and evaluate the application in accordance with this UDO and any other relevant information.
(b) Advise the applicant, in writing, of required and recommended revisions to the plans and application.
(c) Render an approval, approval with conditions, or denial of the application, in writing to the applicant. An approval may only be rendered when the Community Development Director is satisfied that the proposed project complies with all applicable provisions of this UDO and with all adopted plans and policy documents of the village. The Director may grant approval with conditions only to the extent that such conditions specify the actions necessary to bring the application into compliance with this UDO and adopted plans and policy documents. Any notice of denial shall state the reason for denial.
(4) Concurrent applications. A special use permit or variation application may be processed concurrently with the site plan review.
(5) Expiration and lapse of approval. The applicant shall have 12 months from the date of a site plan review approval to secure a building permit or land improvement permit to carry out the proposed improvements. If a building permit has not been obtained within 12 months of the date of approval, the approval shall expire. An extension of the time requirements may be requested in writing and granted by the Community Development Director for good cause shown by the applicant, provided a written request is filed with the village at least four weeks prior to the respective deadline.
(G) Sign permit.
(1) Applicability. A sign permit shall be required prior to the display, construction, erection, or alteration of a sign, and its structural components, on any property. All signs must comply with Article 16-6, and the applicable sections of the building code as adopted by the village. All electrical installations associated with the erection and installation of a sign must be done in accordance with the adopted Building and Electrical Codes.
(2) Exemptions. Signs exempt from a permit are listed in § 16-6-5 and 16-6-7.
(3) Permanent sign permit application. An application for a permanent sign permit shall be submitted in a form established by the Community Development Director. The application shall contain the following information:
(a) Name, address and telephone number of the applicant;
(b) A site plan drawn to scale showing the location of the building, structure or lot to which the sign is to be attached or erected, and showing the position of the sign in relation to nearby buildings and thoroughfares;
(c) A plan drawn to scale showing the design of the sign including dimensions, materials used and method of construction, and means of attachment to the building or the ground;
(d) The name of the person, firm, corporation or association erecting, altering or relocating such sign;
(e) Written consent of the owner of the land on which the sign is to be erected, altered or relocated; and
(f) Any other information as the Community Development Director shall require in order to show full compliance with this and all other applicable ordinances of the village.
(4) Temporary sign permit applications. An application for a temporary sign permit shall be submitted in a form established by the Community Development Director. The application shall contain all information required for a permanent sign permit application as detailed in § 16-8-3(G)(3).
(a) Review and action. The Community Development Director shall review applications for permanent and temporary sign permits in accordance with all applicable regulations. The Community Development Director shall render an approval, approval with conditions, or denial of the application, with reasons included in writing to the applicant. An approval shall only be rendered when the Community Development Director is satisfied that the proposed sign complies with all applicable provisions of this UDO. The Community Development Director may grant approval with conditions only to the extent that such conditions specify the actions necessary to bring the application into compliance with this UDO.
(b) Temporary sign permit sticker. Upon approval of a temporary sign permit application, the Community Development Director shall issue a sticker which shall be applied to the approved temporary sign. The sticker shall include the following information:
I. Name and contact information of the applicant;
II. Permitted location of the sign; and
III. Dates between which the sign may be displayed.
(H) Fence permit.
(1) Applicability. A fence permit shall be required prior to the construction or installation of any fence. All fences must comply with § 16-5-9, and the applicable sections of the building code as adopted by the village.
(2) Application. An application for a fence permit shall be submitted in a form established by the Community Development Director. The application shall contain the following information:
(a) A completed fence permit application form;
(b) Name, address, and contact information of the applicant;
(c) A site plan or plat of survey showing the location on the property where the fence will be placed and its distance to all applicable property lines and all other buildings and structures;
(d) Plans and specifications of the fence or wall structure, including all dimensions, materials, an indication of the fence design or style, and structural supports.
(3) Review and action. The Community Development Director shall review the fence permit application in accordance with all applicable regulations. The Community Development Director shall render an approval, approval with conditions, or denial of the application, with reasons included in writing to the applicant. An approval shall only be rendered when the Community Development Director is satisfied that the proposed fence complies with all applicable provisions of this UDO. The Community Development Director may grant approval with conditions only to the extent that such conditions specify the actions necessary to bring the application into compliance with this UDO. Any notice of denial shall state the reason for denial.
(4) Expiration and lapse of approval. The applicant shall have 12 months from the date of approval of a fence permit to carry out the proposed improvements.
(I) Specific use permits.
(1) Home occupation permit. A home occupation permit shall be required prior to the initiation or operation of a home occupation and shall be renewed each year the home occupation is in operation. The permit for a home occupation does not run with the land, is personal to the applicant, is not transferable to any other person, and does not apply to any other business of the applicant.
(a) Application. An application for a home occupation permit shall contain the following information:
I. Name, address, and contact information of the applicant;
II. Description of the home occupation to be conducted;
III. Hours of operation; and
IV. Evidence and statement of compliance with the standards of § 16-4-16.
(b) Review and action. The Community Development Director shall be responsible for conducting reviews to determine if the proposed home occupation complies with all applicable regulations and standards. No permit shall be issued unless the plans and specifications conform in all respects to the provisions of this UDO and the building code.
(2) Outdoor dining permit. An outdoor dining permit shall be required prior to the installation of outdoor dining areas or the initiation of outdoor service and must be renewed annually. The permit for outdoor dining does not run with the land, is personal to the applicant, is not transferable to any other person or business, and does not apply to any other business of the applicant.
(a) Application. An application for an outdoor dining permit shall contain the following information:
I. Name, address, and contact information of the applicant;
II. A site plan shall be submitted showing the location on the property where the seating area will be located; the layout and quantity of tables and chairs; dimensions of pedestrian walkways; the height and design specifications of the fence, if required; and relation to all required setbacks, parking spaces, and required landscape areas;
III. Hours of operation;
IV. Evidence and statement of compliance with the outdoor dining standards in § 16-4-19.
(b) Review and action. The Community Development Director shall be responsible for conducting reviews to determine if the proposed outdoor dining complies with all applicable regulations and standards, including § 16-4-19
. No permit shall be issued unless the plans and specifications conform in all respects to the provisions of this UDO.
(c) Concurrent applications. A special use permit application may be processed concurrently with the outdoor dining permit.
(3) Temporary building, structure, or use permit. A temporary building, structure, or use permit shall be required prior to the establishment of a temporary use of a building, structure, or property that does not otherwise conform with certain UDO regulations, provided that such use will not have an adverse impact on surrounding properties or the public health, safety, and general welfare, and provided that such use shall not exceed a period of six months.
(a) Application. An application for a temporary building, structure, or use permit shall contain the following information:
I. Name, address, and contact information of the applicant;
II. A written description of the specific nature of the building, structure or use, including the proposed duration that the building, structure or use will be in operation, the purpose of the building, structure or use, the hours of operation of the building, structure or use, and any other pertinent information. A written description of the parking and traffic impacts, if any, and the efforts to mitigate such impacts, should be included;
III. A plan showing the entire property and illustrating the location and dimensions of the temporary building, structure or use. Design plans or manufacturer's product information may be required depending on the nature of the use;
IV. Written authorization from the owner of the property in which owner specifically authorizes the temporary building, structure or use. Such written authorization shall make reference to the specific terms of the use, as proposed;
V. Evidence and statement of compliance with any applicable use specific provisions of Article 16-4 including but not limited to the outdoor special exhibition, show, or sales standards in § 16-4-24.
(b) Review and action. The Community Development Director shall be responsible for conducting reviews to determine if the proposed temporary building, structure, or use complies with all applicable regulations and standards, including this UDO. No permit shall be issued unless the plans and specifications conform in all respects to the provisions of this UDO.
(c) Village Board approval. Requests for temporary uses in excess of six months, or those determined by the Community Development Director as having a potential adverse impact on surrounding properties, shall require Village Board approval. The Village Board shall only grant approval of such temporary uses for specified periods of time and subject to such conditions as the Village Board determines to be appropriate to protect against any potential adverse impact on surrounding properties and for safeguarding the public health, safety and general welfare. Such approval shall be considered pursuant to a public hearing in accordance with the requirements of this section, or may be considered in accordance with § 1-1-17 if so authorized by the Village Manager.
(J) Land improvement permit.
(1) Applicability. No person shall construct, alter, relocate, remove or destroy any off-street parking, off-street loading, off-street lighting, driveway, sanitary sewer system, water distribution system, minor or major stormwater system, or sidewalk, nor shall said person perform any earthwork including clearing, grubbing, topsoil stripping, excavating, filling or grading, upon any improved or unimproved real estate without first obtaining a land improvement permit. A land improvement permit shall not be required if any of the following applies:
(a) The activity is directly covered under a Type B, C or E permit issued from the Community Development Department;
(b) The activity meets all the criteria of Section 15-30.A, or any of the criteria of Section 15-30.B, of the DuPage County Countywide Stormwater and Floodplain Ordinance as it pertains to Stormwater Management Certifications.
(2) Application. Any person desirous of obtaining a land improvement permit shall make application therefor to the village on a form provided by the Engineering Services Department, as well as an application for a Stormwater Management Certification, if applicable. The form shall be accompanied by any plans, specifications and calculations required by the Engineering Services Director to perform the review. Unless waived in writing by the Engineering Services Director, the supporting documentation shall be signed and sealed by a professional engineer licensed in the State of Illinois.
(3) Review and action. The Engineering Services Director shall review the application for conformance with the requirements set forth in this UDO and the Manual of Design Standards and Construction Specifications (DSCS Manual). The Engineering Services Director shall render an approval, approval with conditions, or denial of the application in writing to the applicant. Approval with conditions shall specify the actions necessary to bring the application and its supporting documentation into conformance. Any notice of denial shall state the reason for denial. When applicable, a Stormwater Management Certification shall be approved and issued, either prior or in conjunction with, the issuance of a land improvement permit.
(4) Expiration of permit. Every land improvement permit shall only be valid for the time period as specified in Article IV Stormwater Management Certifications, § 15-44 Duration and Revision to Certifications and Authorizations of the DuPage County Countywide Stormwater and Flood Plain Ordinance as adopted in Ch. 6, Art. 14 of this code or otherwise become null and void unless the Engineering Services Director extends the expiration date as allowed by § 15-44.
(5) Revocation of permit. In the event any person holding a land movement permit pursuant to this article violates the terms of the permit or conducts or carries on such site development in such a manner as to materially adversely affect the health, welfare or safety of persons residing or working in the neighborhood of the property of the permittee or conducts or carries on such site development so that it is materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the Engineering Services Director shall revoke or suspend the land improvement permit in accordance with Article XIV Prohibited Acts/Enforcement/Penalties, § 15-107 Revocation and Suspension of Certifications of the DuPage County Countywide Stormwater and Flood Plain Ordinance as adopted in Ch. 6, Art. 14 of this code.
(Ord. 2021-05-15, passed 5-3-2021; Ord. 2021- 08-33, passed 8-2-2021)