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(A) Authority to file. Amendments to the zoning map may be initiated only by the Village Board, the Planning and Zoning Commission or by any other person, firm, or corporation having a freehold interest, a possessory interest entitled to exclusive possession, or any exclusive possessory interest that is specifically enforceable on the property that is the subject of the proposed zoning map amendment. Rezoning petitions may be filed by the property owner (described above) or by the owner’s authorized agent.
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(B) Application filing. Complete applications for zoning map amendments must be filed with the Zoning Administrator. A separate application must be made for each noncontiguous parcel of land.
(C) Review and report — Zoning Administrator. The Zoning Administrator must prepare a report and recommendation that evaluates the proposed zoning map amendment in light of the review criteria of division (F) of this section. The report must be transmitted to the Planning and Zoning Commission before their public hearing on the proposed rezoning.
(D) Notice of hearing.
(1) Newspaper notice. Notice of the Planning and Zoning Commission’s required public hearing on a zoning map amendment must be published in the newspaper in accordance with § 151.202(D)(5).
(2) Delivered notice. Notice of the Planning and Zoning Commission’s required public hearing on a zoning map amendment must be delivered to the subject property owner and all owners of property in accordance with § 151.202(D)(4).
(E) Hearing and recommendation — Planning and Zoning Commission. The Planning and Zoning Commission must hold a public hearing on the proposed zoning map amendment. Following the close of the hearing, the Planning and Zoning Commission must act by simple majority vote to recommend that the proposed map amendment be approved, approved with modifications, or denied and transmit its findings and recommendations to the Village Board.
(F) Review criteria. The Planning and Zoning Commission may not recommend approval of a zoning map amendment unless it finds that the proposed amendment is in the public interest and is not solely for the interest of the applicant. The Planning and Zoning Commission must make findings based on the evidence presented to it in each specific case with respect to the following matters:
(1) Existing uses of property within the general vicinity of the subject property;
(2) The zoning classification of property within the general vicinity of the subject property;
(3) The suitability of the subject property for the uses allowed under the existing zoning classification;
(4) The trend of development, if any, in the general vicinity of the subject property, including changes, if any, that may have taken place since the time the subject property was placed in its present zoning classification; and
(5) Consistency (or inconsistency) with the Village Comprehensive Plan.
(G) Final action — Village Board.
(1) Upon receipt of the Planning and Zoning Commission’s findings and recommendation, the Village Board may act to approve the proposed zoning map amendment, approve the proposed zoning map amendment with modifications (e.g., reducing the land area or recommending another zoning classification) or deny the proposed zoning map amendment. The Village Board may also return the application to the Planning and Zoning Commission for further consideration, together with a written explanation of the reasons for doing so.
(2) Zoning map amendments may be approved by a simple majority vote of the entire Village Board, except that in the following cases approval of a zoning map amendment requires at least a 3/4 majority vote of the entire Village Board:
(a) If a written protest petition against the proposed zoning map amendment is signed and acknowledged by:
1. The owners of 20% or more of the land area proposed to be rezoned; or
2. The owners of land immediately touching or immediately across a street, alley, or public right-of-way from at least 20% of the perimeter of the land proposed to be rezoned.
(3) If no action is taken by the Village Board within 6 months after receipt of the report of the Planning and Zoning Commission, the application is deemed to have been denied.
(4) Notwithstanding any other provisions to the contrary, if a zoning map amendment is proposed solely to correct an error made by the village as a result of a comprehensive rezoning, the map amendments may be passed at a Village Board meeting by a simple majority of the entire Village Board.
(H) Protest petitions.
(1) A written protest petition opposing a zoning map amendment must be submitted to the Village Clerk or on the public record before the Village Board’s vote, allowing sufficient time for the Village Clerk to determine the validity of the petition.
(2) When a written protest petition has been submitted, the protest must be served by the protestors upon the applicant and upon the applicant’s attorney, if any, by certified mail at the applicant’s and attorney’s addresses shown on the application.
(I) Successive applications. In the event that a rezoning application is denied, no application may be accepted that proposes reclassification of any of the same property for the same zoning district for 12 months from the date of the previous Planning and Zoning Commission public hearing.
(Ord. 2015-08, § 14.09, passed 6-23-2015)
(A) Intent. The special use permit approval procedure of this section is intended to provide a transparent, public review process for land uses that, because of their widely varying design and operational characteristics, require case-by-case review in order to determine whether they will be compatible with surrounding uses and development patterns.
(B) Authority to file. Special use permit applications may be filed by any person, firm, or corporation having a freehold interest, a possessory interest entitled to exclusive possession, or any exclusive possessory interest that is specifically enforceable on the property that is the subject of the proposed special use permit. Applications may be filed by the property owner (described above) or by the owner’s authorized agent.
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(C) Application filing. Complete applications for special use permits must be filed with the Zoning Administrator. A separate application must be made for each noncontiguous parcel of land.
(D) Review and report — Zoning Administrator. The Zoning Administrator must prepare a report and recommendation that evaluates the proposed special use in light of the standards of division (H) of this section. The report must be transmitted to the Planning and Zoning Commission before their public hearing on the proposed special use permit.
(E) Notice of hearing.
(1) Newspaper notice. Notice of the Planning and Zoning Commission’s required public hearing on a special use permit application must be published in the newspaper in accordance with § 151.202(D)(5).
(2) Delivered notice. Notice of the Planning and Zoning Commission’s required public hearing on a special use permit application must be delivered to the subject property owner and all owners of property in accordance with § 151.209(D)(4).
(F) Hearing and recommendation — Planning and Zoning Commission.
(1) The Planning and Zoning Commission must hold a public hearing on the special use permit application.
(2) Following the close of the hearing, the Planning and Zoning Commission must act by simple majority vote to recommend that the proposed special use permit be approved, approved with modifications and/or conditions, or denied and transmit its findings and recommendations to the Village Board.
(G) Final action — Village Board.
(1) Upon receipt of the Planning and Zoning Commission’s findings and recommendation, the Village Board may act to approve the proposed special use permit application, approve the special use permit with conditions and/or modifications or deny the special use permit. The Village Board may also return the application to the Planning and Zoning Commission for further consideration, together with a written explanation of the reasons for doing so.
(2) The Village Board is authorized to impose such conditions and restrictions upon the premises benefitted by a special use permit as the Board determines to be necessary to ensure compliance with the standards of division (H) of this section, to reduce or minimize the effect of the special use upon other properties in the area, and to better carry out the general public and intent of this zoning chapter.
(3) The Village Board may act by a simple majority vote of the entire Village Board.
(4) If no action is taken by the Village Board within 6 months after receipt of the report of the Planning and Zoning Commission, the application is deemed to have been denied.
(H) Review criteria and standards. No special use permit may be recommended for approval or approved unless:
(1) The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public’s health, safety, morals, comfort, or general welfare.
(2) The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish or impair property values within the neighborhood.
(3) Establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.
(4) Adequate utilities, access roads, drainage, and/or other necessary facilities have been or will be provided to serve the proposed use.
(5) 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) The special use in all other respects conforms to the applicable regulation of the district in which it is located, except as such regulations may in each instance be modified by the Village Board pursuant to the recommendation of the Planning and Zoning Commission.
(I) Lapse of approval.
(1) An approved special use permit will lapse and have no further effect 1 year after it is approved by the Village Board, unless:
(a) A building permit has been issued (if required);
(b) A certificate of occupancy has been issued; or
(c) The special use has been lawfully established.
(2) The Village Board is authorized to extend the expiration period for good cause on up to 2 separate occasions, by up to 180 days each. Requests for extensions must be submitted to the Zoning Administrator before the special use permit expires. No hearings, notices or fees are required for extensions.
(3) A special use permit also lapses upon revocation of a building permit for violations of conditions of approval or upon expiration of a building permit to carry out the work authorized by the special use permit.
(4) If any special use is abandoned, or is discontinued for a continuous period of 6 months or more, the special use permit for such use is void, and such use may not be reestablished unless and until a new special use permit is obtained in accordance with the procedures of this section.
(J) Successive applications. In the event that a special use permit application is denied, no application may be approved for substantially the same use on substantially the same site for 12 months from the date of denial by the Village Board, unless the Village Board determines that conditions in the area have substantially changed.
(Ord. 2015-08, § 14.10, passed 6-23-2015)
(B) Applicability. Site plan approval shall be required prior to the issuance of a building permit for all new construction, any additions (building or parking), and the erection of building structures for all development zoned business (B-1, B-3, BT), industrial (I-1 or I-2), R-3, R-4, and all planned unit developments. The following are specifically exempt from site plan review:
(1) Agricultural structures on farmsteads or single-family lots;
(2) One-family and 2-family residential uses; and
(3) Any commercial, office, manufacturing or multi-family refurbishing, renovation, or structural addition that constitutes less than 25% percent of the total square footage of an existing structure.
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(C) Application. An application for site plan review shall be filed with the Zoning Administrator. The application shall be accompanied by a nonrefundable fee as established by the Village Board.
(D) Plan submission. One electronic set (PDF) and 8 sets of all site plans shall be submitted to the Zoning Administrator with all required information. The Zoning Administrator shall have discretion to accept a reduced number of copies of such plans provided at least 3 full-size sets are provided. The plan shall be considered as submitted only when all information, documentation and fee requirements are met. All site plans shall be drawn to scale. The site plan submission packet shall contain the following:
(1) Property owner’s name, address and phone number;
(2) The developer’s name, address and phone number (if different from property owner);
(3) Name, address and phone number of architect, land planner, engineer, surveyor or consulting firm (with contact person listed) who is responsible for compiling the plan;
(4) A complete legal description of the subject property;
(5) Date of plan preparation and/or revision;
(6) North arrow and graphic scale;
(7) Current zoning/requested zoning (if a change is desired);
(8) Illustration of proposed site conditions, including:
(a) Existing topography graphically represented via contour lines of 2-foot intervals, extending 20 feet surrounding the subject site;
(b) Location and extent of water bodies, wetlands, streams and floodplains on or adjacent to the subject site;
(c) Sidewalks, curbing and drainage structures;
(d) Stormwater detention/retention areas. Method of computing drainage requirements shall be consistent with those specified in the village subdivision regulations;
(e) Floor area for building footprint and gross floor area of structure, building height and number of stories;
(f) Parking, loading, drive aisles, drive-up aisles, driveway access, refuse disposal, and computation of required parking spaces;
(g) Grading/drainage plans, including contours and elevations;
(h) Erosion control plan for any proposed detention or retention area;
(i) Utility plans indicating location of water and sanitary sewer service lines, including size and type of pipe and all other information such as hydrants and clean-outs as may be required by the Village Engineer; and
(j) Lighting plans, including type of fixtures, height and location.
(E) Procedure for review of site plans.
(1) Plan Review Committee created.
(a) To provide for the review of planned unit development and site plan applications, a Plan Review Committee is hereby established. This Plan Review Committee shall consist of the Zoning Administrator, the chairperson of the Planning and Zoning Commission, the Mayor, the Village Engineer, and any other village consultants or staff as determined appropriate by the Zoning Administrator. No quorum is required to conduct a Plan Review Committee meeting.
(b) The Plan Review Committee shall meet as needed. At least 1 week prior to any such meeting, the Zoning Administrator shall submit copies of all pending applications to committee members. The Zoning Administrator will be responsible for documenting suggestions made at committee meetings and forwarding comments to the Plan Review Committee and the applicant.
(2) Optional pre-application meeting.
(a) Before submitting a complete application and receiving written feedback, the applicant may request a pre-application meeting with the Zoning Administrator.
(b) The purpose of the pre-application meeting is to provide the applicant with a preliminary review of his or her proposal and to identify whether the site plan or other proposed improvement plans, if any, appear to provide sufficient detail to determine compliance with the provisions of this zoning chapter and all other applicable village standards and ordinances.
(3) Site plan filing and decision.
(a) All site plans which are appropriately submitted and conform to standards and regulations set for in this section shall be filed with the Village Zoning Administrator. The Zoning Administrator shall submit a complete copy to each member of the Plan Review Committee.
(b) The site plan will then be reviewed by the Plan Review Committee, who will approve, approve with conditions, or deny the proposed plan within 30 days following receipt of such site plan from the Zoning Administrator. This time limit may be extended with consent of the applicant when plan revisions are requested prior to approval. The Plan Review Committee’s decision shall be based upon substantial compliance with the provisions of this chapter. The applicant may appeal any decision of the Plan Review Committee to the Village Board for a final decision. The Zoning Administrator shall prepare a letter summarizing Plan Review Committee decisions and provide a copy to the applicant.
(4) Revocation. When a site plan has been approved by the Plan Review Committee and when no substantial construction work is initiated within 1 year from the date of approval, then, without further action by the village, such site plan approval shall become null and void.
(Ord. 2015-08, § 14.11, passed 6-23-2015)
(A) Responsibility for enforcement. The Zoning Administrator is responsible for enforcing this zoning chapter, except as otherwise expressly stated.
(B) Violations. Unless otherwise expressly allowed by this zoning chapter or state law, any violation of a provision of this zoning chapter – including but not limited to all of the following – may be subject to the remedies and penalties provided for in this zoning chapter.
(1) To use land or buildings in any way not consistent with the requirements of this zoning chapter;
(2) To erect a building or other structure in any way not consistent with the requirements of this zoning chapter;
(3) To install or use a sign in any way not consistent with the requirements of this zoning chapter;
(4) To engage in the use of a building or land, the use or installation of a sign, or any other activity requiring 1 or more permits or approvals under this zoning chapter without obtaining such required permits or approvals;
(5) To engage in the use of a building or land, the use or installation of a sign, or any other activity requiring 1 or more permits or approvals under this zoning chapter in any way inconsistent with any such permit or approval or any conditions imposed on the permit or approval;
(6) To violate the terms of any permit or approval granted under this zoning chapter or any condition imposed on the permit or approval;
(7) To violate any lawful order issued by any person or entity under this zoning chapter; or
(8) To continue any violation after receipt of notice of a violation.
(C) Continuing violations. Each week that a violation remains uncorrected after receiving notice of the violation from the village constitutes a separate violation of this zoning chapter.
(D) Remedies and enforcement powers. The village has all remedies and enforcement powers allowed by law, including the following:
(1) Withhold permit.
(a) The Zoning Administrator may deny or withhold permits, certificates or other forms of authorization on any land or structure or improvements upon which there is an uncorrected violation of a provision of this zoning chapter or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the village. This enforcement provision may be used regardless of whether the current owner or applicant is responsible for the violation in question.
(b) The Zoning Administrator may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements owned by or being developed by a person who owns, developed or otherwise caused an uncorrected violation of a provision of this zoning chapter or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the village. This enforcement provision may be used regardless of whether the property for which the permit or other approval is sought is the property in violation.
(c) The Zoning Administrator may deny or withhold temporary use permits on any land or structure or improvements owned or being developed by a person who owns, developed or otherwise caused a violation of a previous temporary use permit. Enforcement provision may be used regardless of whether the property for which the temporary use permit sought is for the property on which the previous violation occurred.
(2) Permits approved with conditions. Instead of withholding or denying a permit or other authorization, the Zoning Administrator may grant such authorization subject to the condition that the violation be corrected.
(3) Revoke permits.
(a) Any permit, certificate or other form of authorization required under this zoning chapter may be revoked by the Zoning Administrator when the Zoning Administrator determines:
1. That there is departure from the plans, specifications, or conditions as required under terms of the permit;
2. That the development permit was procured by false representation or was issued by mistake; or
3. That any of the provisions of this zoning chapter are being violated.
(b) Written notice of revocation must be served upon the owner, the owner’s agent or contractor, or upon any person employed on the building or structure for which such permit was issued. If no persons can reasonably be served with notice, the notice must be posted in a prominent location. After delivery or posting of notice, no construction or development may proceed.
(4) Stop work. With or without revoking permits, the Zoning Administrator may stop work on any building or structure on any land on which there is an uncorrected violation of a provision of this zoning chapter or of a permit or other form of authorization issued under the zoning chapter.
(5) Revoke plan or other approval. Where a violation of this zoning chapter involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the Zoning Administrator may, upon notice to the applicant and other known interested parties (including any holders of building permits affected):
(a) Revoke the plan or other approval; or
(b) Condition its continuance on strict compliance with this zoning chapter or the provision of security to ensure that construction is completed in compliance with approved plans, or such other conditions as the Zoning Administrator may reasonably impose.
(6) Injunctive relief. The village may seek an injunction or other equitable relief in court to stop any violation of this zoning chapter or of a permit, certificate or other form of authorization granted under the zoning chapter.
(7) Forfeiture and confiscation of signs on public property. Any sign installed or placed on public property, except in compliance with the regulations of this zoning chapter, may be forfeited to the public and subject to confiscation. In addition to other remedies and penalties of this section, the village has the right to recover from the sign owner or person who placed the sign, the full costs of sign removal and disposal.
(8) Abatement. The village may seek a court order in the nature of mandamus, abatement, injunction or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.
(9) Other penalties, remedies and powers. The village may seek such other penalties as are provided by state law.
(E) Continuation of previous enforcement actions. Nothing in this zoning chapter prohibits the continuation of previous enforcement actions, undertaken by the village pursuant to previous valid ordinances and laws.
(F) Remedies cumulative. The remedies and enforcement powers established in this zoning chapter are cumulative, and the village may exercise them in any combination or order.
(G) Persons subject to penalties. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, or agent, or other person who commits, participates in, assists in, or maintains such violations may each be found guilty of a separate offense and be subject to penalties, remedies and enforcement actions.
(H) Enforcement procedures.
(1) Non-emergency matters. In the case of violations of this zoning chapter that do not constitute an emergency or require immediate attention, the Zoning Administrator must give notice of the nature of the violation to the property owner or to any other person who is party to the agreement or to any applicant for any relevant permit in the manner stated in this section, after which the persons receiving notice have 10 days to correct the violation before further enforcement action may be taken. Notice must be given in person, by U.S. mail, or by posting notice on the premises. Notices of violation must state the nature of the violation and the time period for compliance and may state the corrective steps necessary and the nature of subsequent penalties and enforcement actions should the situation not be corrected.
(2) Emergency matters. In the case of violations of this zoning chapter that constitute an emergency situation as a result of public health or safety concerns or violations that will create increased problems or costs if not remedied immediately, the village may use the enforcement powers available under this zoning chapter without prior notice, but the Zoning Administrator must attempt to give notice simultaneously with beginning enforcement action. Notice may be provided to the property owner, to any other person who is party to the agreement and to applicants for any relevant permit.
(3) Appeals. Enforcement actions taken by the Zoning Administrator may be appealed by the affected party to the Planning and Zoning Commission in accordance with § 151.205.
(Ord. 2015-08, § 14.12, passed 6-23-2015)
PERFORMANCE STANDARDS
Any use established after the effective date of this chapter shall be so operated as to comply with the performance standards set forth hereinafter. No use lawfully established on the effective date of this chapter shall be so altered or modified as to conflict with or further conflict with the performance standards established.
(Ord. 2015-08, § 15.01, passed 6-23-2015)
(A) Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to the standards prescribed by the United States of American Standards Institute. Measurements shall be made using the flat network of the sound level meter. Impulsive type noises shall be subject to the performance standards hereinafter prescribed provided that such noises shall be capable of being accurately measured with such equipment. Noises capable of being measured, for the purpose of this chapter, shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus 2 decibels. Noises incapable of being so measured, such as those of an irregular and intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses.
(B) At no point either on the boundary of a residence district or a business district or at 125 feet from the nearest property line of a plant or operation, whichever distance is greater, shall the sound pressure level of an individual operation or plant (other than the operation of motor vehicles and other transportation facilities) exceed the decibel levels at the designated octave bands:
Octave Band Cycles Per Second | Maximum Permitted Sound Level in Decibels Boundaries or 125 Feet from Plant or Operation Property Line | |
Residence Districts | Business Districts |
Octave Band Cycles Per Second | Maximum Permitted Sound Level in Decibels Boundaries or 125 Feet from Plant or Operation Property Line | |
Residence Districts | Business Districts | |
0 to 75 | 74 | 81 |
75 to 150 | 61 | 70 |
150 to 300 | 54 | 63 |
300 to 600 | 48 | 59 |
600 to 1,200 | 45 | 55 |
1,200 to 2,400 | 41 | 52 |
2,400 to 4,800 | 38 | 50 |
4,800 and over | 36 | 48 |
(Ord. 2015-08, § 15.02, passed 6-23-2015)
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