(A) Place of filing. All applications for relief under this subchapter shall be filed with the Administrative Official or with any other village official or body as the Administrative Official may designate.
(B) Form, number, scale. All applications filed pursuant to this subchapter shall be on forms supplied by the village and shall be filed in the number of duplicate copies as the Administrative Official may designate, including in electronic format, if requested. All plans filed as part of any application shall be at a scale sufficient to permit a clear and precise understanding of the contents of the plan and the proposal being made and shall be folded to a convenient size for handling and filing in standard, legal size file drawers.
(C) Filing deadlines.
(1) Applications requiring hearings. Applications requiring a public hearing will not be scheduled for hearing unless and until filed in proper form and number and containing all required information.
(2) Applications not requiring hearing. Applications that do not require a public hearing shall be filed, in proper form and number and containing all required information, at least 35 days prior to the time when action on the application is requested. Applications so filed will be processed on a first-filed, first-processed basis.
(3) Supplemental data. Whenever supplemental data in connection with a previously filed application is required by the village or offered by the applicant, it shall be submitted at least seven days prior to the date on which it is to be considered at a hearing or a meeting or acted upon in connection with the application. The filing of the data shall, in the discretion of the Administrative Official and of the body hearing the application, be cause to delay a requested or scheduled hearing date.
(D) Minimum data requirements.
(1) All applications. Every application submitted pursuant to this subchapter shall contain at least the following information:
(a) The owner’s name and address and the owner’s signed consent to the filing of the application;
(b) The applicant’s name and address, if different than the owner, and his or her interest in the subject property;
(c) The names, addresses and telephone numbers of all professional consultants, if any, advising the applicant with respect to the application;
(d) The name and address and the nature and extent of the interest, as defined in the village code provisions governing ethics, of any officer or employee of the village in the owner, the applicant or the subject property;
(e) The address and legal description of the subject property;
(f) A description or graphic representation of the proposal for which approval is being sought and of the existing zoning classification, use and development of the subject property. The scope and detail of the description shall be appropriate to the subject matter of the application, with special emphasis on those matters likely to be affected or impacted by the approval being sought in the application;
(g) In the case of any application being filed less than two years after the denial of an application seeking essentially the same relief, the statement required by § 153.248; and
(h) Proof of control or ownership, in the case of site-specific applications.
The Administrative Official shall have the authority to waive any of the minimum data requirements if the Administrative Official deems such waiver to be appropriate in light of special circumstances making compliance with those provisions either unnecessary or unduly burdensome; provided, however, that the reviewing board or commission shall continue to have the right to request additional information and to delay processing of an application until such information is provided. The Administrative Official shall provide reasons for such waiver to the reviewing board or commission.
(2) Applications for ordinance interpretations. Every application filed pursuant to § 153.275 shall, in addition to the data and information required pursuant to paragraph(D)(1) above, provide the following information:
(a) The specific provision or provisions of this chapter for which an interpretation is sought;
(b) The facts of the specific situation giving rise to the request for an interpretation;
(c) The precise interpretation claimed by the applicant to be correct;
(d) Where a use interpretation is sought, the use permitted pursuant to the present zoning classification of the subject property that is claimed by the applicant to include, or to be most similar to, the proposed use; and
(e) Where a use interpretation is sought, documents, statements and other evidence demonstrating that the proposed use will comply with all use limitations established for the district in which it is proposed to be located.
(3) Applications for appeals. Every application filed pursuant to § 153.243 shall, in addition to the data and information required pursuant to paragraph(D)(1) above, provide the following information:
(a) The specific decision from which an appeal is sought;
(b) The facts of the specific situation giving rise to the original decision and to the appeal therefrom;
(c) The precise relief sought; and
(d) A statement of the applicant’s position as to alleged errors in the decision being appealed and as to why the relief sought is justified and proper.
(4) Applications for variations. Every application filed pursuant to § 153.244 shall, in addition to the data and information required pursuant to paragraph division (D)(1) above, provide the following information:
(a) The specific feature or features of the proposed use, construction or development that require a variation;
(b) The specific provision of this chapter from which a variation is sought and the precise variation therefrom being sought;
(c) A statement of the characteristics of the subject property that prevent compliance with the provisions of this chapter;
(d) A statement of the minimum variation of the provisions of this chapter that would be necessary to permit the proposed use, construction or development;
(e) A statement of how the variation sought would satisfy the standards set forth in § 153.244(E);
(f) The names and addresses of all owners of property within 500 lineal feet, excluding street rights-of-way, in all directions from the subject property as shown in the records of the office of the Assessor of the county;
(g) A survey, certified by a registered land surveyor, showing existing lot lines and dimensions as well as lot area, all easements, all public and private rights-of-way and all streets across and adjacent to the subject property; and
(h) A statement concerning the conformity or lack of conformity of the approval being requested to the village comprehensive plan and official map. Where the approval being requested does not conform to the village comprehensive plan or the official map, reasons justifying the approval despite the lack of conformity shall be stated.
(5) Applications for zoning ordinance text amendments. Every application filed pursuant to § 153.305 requesting an amendment to the text of this chapter shall, in addition to the data and information required pursuant to paragraph(D)(1) above, provide the following information:
(a) The exact wording of the proposed text amendment;
(b) A statement of the need and justification for the proposed text amendment;
(c) The names and addresses of all owners of property within 500 lineal feet, excluding street rights-of-way, in all directions from the subject property, as shown in the records of the office of the Assessor of the county;
(d) A survey, certified by a registered land surveyor, showing existing lot lines and dimensions as well as lot area, all easements, all public and private rights-of-way and all streets across and adjacent to the subject property; and
(e) A statement concerning the conformity or lack of conformity of the approval being requested to the official map. Where the approval being requested does not conform to the official map, reasons justifying the approval despite the lack of conformity shall be stated.
(6) Applications for special uses. Every application filed pursuant to § 153.245 shall, in addition to the data and information required pursuant to paragraph(D)(1) above, provide the following information:
(a) A written statement of the need for the special use;
(b) The names and addresses of all owners of property within 500 lineal feet, excluding street rights-of-way, in all directions from the subject property, as shown in the records of the office of the Assessor of the county;
(c) A survey, certified by a registered land surveyor, showing existing lot lines and dimensions as well as lot area, all easements, all public and private rights-of-way and all streets across and adjacent to the subject property; and
(d) A statement concerning the conformity or lack of conformity of the approval being requested to the village comprehensive plan and official map. Where the approval being requested does not conform to the village comprehensive plan or the official map, reasons justifying the approval despite the lack of conformity shall be stated.
(7) Applications for zoning map amendments. Every application filed pursuant to § 153.305 requesting an amendment to the zoning map shall, in addition to the data and information required pursuant to paragraph(D)(1) above, provide a statement of the need and justification for the proposed zoning map amendment. The statement shall address at least the following factors:
(a) The existing uses and zoning classifications of properties in the vicinity of the subject property;
(b) The trend of development in the vicinity of the subject property, including changes, if any, in the trend since the subject property was placed in its present zoning classification;
(c) The extent to which the value of the subject property is diminished by the existing zoning classification applicable to it;
(d) The extent to which the diminution in value is offset by an increase in the public health, safety and welfare;
(e) The extent, if any, to which the use and enjoyment of adjacent properties would be affected by the proposed amendment;
(f) The extent, if any, to which the value of adjacent properties would be affected by the proposed amendment;
(g) The extent, if any, to which the future orderly development of adjacent properties would be affected by the proposed amendment;
(h) The suitability of the subject property for uses permitted or permissible under its present zoning classification;
(i) The availability of adequate ingress to and egress from the subject property and the extent to which traffic conditions in the immediate vicinity of the subject property would be affected by the proposed amendment;
(j) The availability of adequate utilities and essential public services to the subject property to accommodate the uses permitted or permissible under its present zoning classification;
(k) The length of time, if any, that the subject property has been vacant, considered in the context of the pace of development in the vicinity of the subject property;
(l) The community need for the proposed map amendment and for the uses and development it would allow; and
(m) The names and addresses of all owners of property within 500 lineal feet, excluding street rights-of-way, in all directions from the subject property, as shown in the records of the office of the Assessor of the county.
(8) Applications for approval of a preliminary plan for a planned unit development. Every application filed pursuant to § 153.246 shall, in addition to the data and information required pursuant to paragraph (D)(1) above, provide the following information, unless waived by the Administrative Official:
(a) Preliminary plan for a planned unit development plan. The preliminary plan for a planned unit development shall contain the following:
1. Statement of objectives. The preliminary plan shall include a statement of the planning objectives to be achieved by the particular design approach proposed by the applicant, which shall include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant;
2. Statement of proposed use. The preliminary plan shall include a statement of the applicant’s intention with regard to the future selling or leasing of all or portions of the land or structures and the proposed use thereof;
3. Detailed planned unit development plan. The preliminary plan shall include a detailed drawing of the proposed planned unit development, drawn to scale. The detailed planned unit development plan may consist of one or more sheets and drawings and shall accurately depict:
a. Boundary lines, bearings and distances;
b. The location, width and purpose of all easements;
c. All streets on and adjacent to the subject property, including street name, right-of-way width, sidewalks and the like;
d. Utilities on and adjacent to the site, including the location, size and invert elevations of all sewers, the location and size of water mains and hydrants, and the location of gas, electric, telephone and cable lines;
e. The topography of the subject property;
f. Conditions on adjacent land, including adjacent grades, the character and location of buildings, and the type and location of utilities;
g. The zoning classification of the subject property and all adjacent properties;
h. All parcels of land intended to be dedicated for public use or reserved for the use of all property owners, with the purpose indicated;
i. The location and purpose of each proposed building, and the height of each building in feet and stories;
j. Landscaping and tree preservation plan;
k. At least two cross- sections through the entire site, to illustrate the bulk and height of all proposed structures in relation to the topography, vegetation and surrounding structures; and
l. The name of the development, the north point and scale, the date of preparation and the acreage of the site.
4. Quantitative summary. A quantitative summary, which shall be broken down into phase components if the development is to be implemented in phases, and which shall include, but not be limited to the following:
a. Acreage and square footage of the subject property;
b. Residential density;
c. Total and footprint square footage of principal and accessory buildings;
d. Number of parking spaces; and
e. Square footage of commonly owned and/or maintained open space.
5. Engineering survey. The preliminary engineering survey showing the adequacy of existing and proposed sanitary sewer, storm sewer and water distribution systems.
(b) Plat of subdivision. If required, preliminary plat of subdivision that meets the requirements of subdivision regulations of the village code;
(c) Architectural drawings. Architectural drawings, including but not limited to, floor plans, exterior building elevations, typical building materials which clearly define all buildings proposed for the planned unit development, including illustrations or depictions showing surrounding properties in relation to the proposed planned unit development;
(d) Request for relief. A statement setting forth the specific zoning modifications and exceptions being sought from the underlying zoning requirements as part of the planned unit development;
(e) Open space statement. A statement describing why the area for usable common open space was chosen, the unique advantages it offers, and how it is envisioned that residents will utilize the space;
(f) Traffic and parking study. Traffic and parking study prepared by a qualified expert setting forth and analyzing the effect of the proposed planned unit development on traffic and parking in and around the subject property. The traffic and parking study shall not be limited to the effect on adjacent streets but shall extend to all surrounding areas affected by the proposed planned unit development and shall indicate the anticipated points of origin, direction, amount and density of traffic flow to and from the proposed planned unit development;
(g) Statement of public benefit. A statement describing the specific public benefits that are proposed to be contained in or associated with the planned unit development;
(h) Development schedule. A development schedule setting forth the approximate dates for beginning and completion of each stage of the development;
(i) Traffic and parking mitigation study. A construction employee traffic and parking mitigation plan that shall establish specific actions by the owner to limit peak period vehicular traffic and parking generated by construction of the planned unit development;
(j) Natural resource assessment application. A copy of an application for the natural resource assessment to the North Cook County Soil and Water Conservation District if the subject property is two acres or larger;
(k) Description of financial assurances. A detailed description of the financial assurances to be presented to guarantee completion of all public improvements and private open space to be provided in connection with the proposed planned unit development; and
(l) Financing plan. Evidence of the financing plan the applicant proposes to use to complete the proposed planned unit development. The applicant’s prior success in completing projects of similar scope may be offered in support of this requirement.
(9) Applications for approval of a final plan for a planned unit development.
(a) Form of application. Every application filed pursuant to § 153.246 shall, in addition to the data and information required pursuant to paragraph (D)(1) above, provide the following information, unless waived by the Administrative Official:
1. Development and construction schedule;
2. Copies of the plat of the planned unit development, and, as applicable, any subdivision plat, plat of dedication and/or plat of vacation, with original Mylar to be provided promptly following Board of Trustee approval; and
3. A restrictive covenant in a form acceptable to the Village Attorney limiting development of and construction upon the tract as a whole to the development and construction as shall comply with the final development plan granted by the Village Board of Trustees.
(b) Time of filing application for approval of final plan. Within 12 months following the approval of the Board of Trustees of the preliminary plan, the applicant shall initiate the final approval process by filing an application for final plan approval with the Plan Commission. The Board of Trustees, in the exercise of its discretion, may extend the time for filing the application for final plan approval.
(10) Applications for certificates of appropriateness. Every application filed pursuant to § 153.242 shall contain at least the following information:
(a) A statement of intent identifying how the project meets the criteria of, in any non-residential district and for any special use in any residential district, the appearance plan, and, in the Business District, the Kenilworth Design Guidelines —Business District, and explaining the design rationale.
(b) Plans and elevations drawn to scale illustrating the existing subject property, including calculations of all windows and doors with dimensions, materials and glazing patterns, exterior details, as appropriate, of millwork and including aggregate size of all awnings and signs.
(c) Scaled drawings and elevations showing all proposed windows and doors with dimensions, materials and glazing patterns, exterior details, millwork and any proposed special conditions including position and scale of the proposed signs and awnings in relation to adjacent signs, buildings and structures.
(d) Streetscape elevations, depicting rooflines and materials of adjacent structures.
(e) Current color photographs of the existing facades of the subject property and properties adjacent to the subject property and the date the photographs were taken.
(f) Information, drawings, spec- ifications, samples, or other materials regarding the design and size, color and placement on the building of a proposed sign or sign structure for all proposed signs. Such materials should also convey structural details including, but not limited to method of construction and erection or attachment, as the case may be, to the building or ground).
(g) Details regarding source, type and level of illumination of for all signs. The level of illumination must be measured in foot candles.
(h) Parking lot layout (if applicable).
(i) Lighting plan of parking lot (if applicable).
(j) Landscape plan including the proposed species of vegetation and size at the time of planting, tree removal plan, and existing or proposed hardscapes (if applicable).
(k) Master sign plan if required by the Kenilworth Sign Code.
(l) Samples of exterior materials, including, without limitation, manufacturer cut sheets and/or product samples of roof materials, wall materials, window/door products, storefront glazing, light fixtures, and sign materials. If applicable, local addresses of buildings using such materials.
(11) Applications for special uses for a wind energy system (WES). In addition to such other data and information ordinarily required in connection with an application for a special use permit pursuant to this section, an application for a special use permit for a WES must submit to the village as part of its application at least the following information:
(a) Generally applicable requirements.
1. Project proposal.
(i) A project summary, including, without limitation, and the manufacturer information for the proposed turbines.
(ii) Current photographs of the proposed location of the WES.
(iii) A front elevation depiction of the subject property, showing the location and proposed height of the top of the turbine from top of the building.
2. Insurance. Proof of homeowner or business general liability insurance, as appropriate, with a minimum coverage level of $1,000,000 per occurrence.
3. Electric utility. Approval letter from the local electric utility company, if the system is to be connected to the energy grid.
4. Manufacturer’s directions. A copy of the directions issued by the manufacturer of the proposed WES for the proper installation, operation and maintenance of the WES.
5. Certification of design compliance. A certification of design compliance for the proposed WES with respect to the applicable noise, structural and safety regulations set forth in this subsection, which certification must have been obtained from Underwriters Laboratories (UL), National Renewable Energy Laboratories (NREL), Det Norske Veritas (DNV), Germanischer Lloyd Wind Energie (GL), or an equivalent third party.
6. Maintenance covenant. An executed maintenance covenant, on a form provided by the village, providing that the owner and all subsequent owners of the subject property will maintain the WES in accordance and compliance with this subparagraph and with the maintenance directions issued by the manufacturer of the WES.
7. Contact information. The name of a local contact with authority to operate or repair the proposed WES as needed and at any time, and the telephone number at which such contact may be reached on a 24-hour basis. At all times during which the WES is in operable condition, the applicant shall have the duty to notify the village of any changes to the information required pursuant to this subparagraph.
(b) Additional BWES requirements.
1. Engineering plans. Engin- eering plans, which must include, without limitation, the manufacturer's engineering specifications of the turbine, nameplate wattage capacity, dimensions of the turbine unit, mounting mechanisms, expected load and expected sound level production.
2. Site plan. A site plan, drawn to scale, signed and sealed by a Professional Engineer licensed in the State of Illinois, and including, without limitation, the following:
(i) The location of any overhead or underground power lines and utility easements; and
(ii) The locations and the expected duration of shadow flicker caused by the BWES facility.
(c) Additional SWES requirements.
1. Engineering plans. Engin- eering plans, which must include, without limitation, the manufacturer’s engineering specifications of the tower, turbine and foundation, detailed drawing of electrical components and installation details, and expected sound level production. For turbines with a nameplate wattage capacity exceeding 20 kilowatts, the plans must be sealed by a Structural Engineer.
2. Site plan. A site plan, drawn to scale, signed and sealed by a professional engineer licensed in the State of Illinois, and including, without limitation, the following:
(i) The existing and proposed contours, at a minimum of two foot intervals;
(ii) The location, setbacks, exterior dimensions and square footage of all structures on the subject property and all nonparticipating properties located within 100 feet of the subject property.
(iii) The location and size of existing waterways, wetlands, 100-year floodplains, sanitary sewers, field drain tiles, storm sewer systems, aquifers and water distribution systems;
(iv) The location of any overhead or underground power lines and utility easements; and
(v) The locations and the expected duration of shadow flicker caused by the SWES facility.
3. Soil studies. The applicant shall submit a soil analysis measured at the proposed location for the base of the proposed tower and a drawing stamped by a Structural Engineer, in order to demonstrate that the soils are able to support the structural weight of the proposed SWES. For purposes of this subparagraph, structural weight shall include the tower, wind turbine generator, and any other components otherwise supported by the base foundation of the proposed SWES.
4. Environmental impact studies and plans. Upon request of the village, the applicant shall submit an environmental plan to mitigate or eliminate any adverse impact of the proposed SWES on the local environment and local wildlife, which plan shall be subject to the approval of the village in consultation with the Illinois Department of Natural Resources and the United States Fish and Wildlife Service.
(E) Special data requests. In addition to the data and information required pursuant to subsection (D) above, every applicant shall submit any other and additional data, information or documentation as the Administrative Official or any Board or Commission before which its application is pending may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.
(F) Concurrent applications. Where a proposed use or development requires more than one approval pursuant to this chapter, applications for all approvals may be filed concurrently notwithstanding the fact that approval of one application may be a precondition to approval of other applications. The applications may, in the discretion of the official, officials, body or bodies charged with review of the applications be processed together; provided, however, that no application shall be approved unless all applications that are a precondition to its approval have first been approved.
(G) Withdrawal of application. An applicant may withdraw an application at any time prior to a final decision having been rendered with respect thereto; provided that the applicant shall have paid all applicable application fees pursuant to §§ 153.290 through 153.294. The withdrawal shall be without prejudice to the applicant’s right to refile the application, but any refiling shall be treated as an entirely new filing and shall be subject to the procedures and fees of this chapter in the same manner as any other new application.
(Ord. 1018, passed 6-22-2009; Ord. 1024, passed 8-10-2009; Ord. 1057, passed 2-22-2011; Ord. 1082, passed 5-21-2012; Ord. 1098, passed 4-29- 2013; Ord. 1340, passed 10-23-2023)