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(A) An initial certificate of zoning compliance shall be required to develop land, establish or erect a new use or structure, or enlarge, extend, alter, relocate or reconstruct an existing use or structure. Where structural work occurs, this certificate is equivalent to a building permit. Every applicant for an initial certificate of zoning compliance shall submit to the village staff, in graphic and/or narrative form, all the items of information listed below that are applicable to the particular project. The village staff shall decide which items are applicable.
(B) Items of information:
(1) Name and address of the applicants;
(2) Name and address of the owner or operator of the proposed structure or use, if different from division (B)(1) above;
(3) Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees and similar matters;
(4) Location of the proposed use or structure and its relationship to existing adjacent uses or structures;
(5) Area and dimensions of the site for the proposed structure or use;
(6) Existing topography of the site (USGS ten-foot contour data is acceptable) and two-foot contours of proposed finished grade (in flatter areas, staff will require two-foot contours of existing topography to ensure owner's design professional has considered existing contours properly);
(7) Existing and proposed screening, landscaping and erosion control features on the site, including the parking area;
(8) Height and setbacks of the proposed structure;
(9) Number and size of proposed dwelling units, if any;
(10) Location and number of proposed parking/loading spaces and accessways;
(11) Identification and location of all existing proposed utilities, whether public or private; and/or
(12) Any other pertinent information that the village staff may require.
(C) The village staff shall not issue an initial certificate of zoning compliance unless, following consultation with technically qualified persons as necessary, staff determines that the proposed work conforms to the applicable provisions of the Development Code. This conformance shall include, but not be limited to, the requirements of §§ 151.299 and 151.415. The certificate shall be valid for one year, unless revoked for failure to abide by a corrective action order or if physical work on the site is not begun within six months of issuance. The village staff may renew such certificate for successive one-year periods upon written request by the applicant; provided, the person is making a good faith effort to complete the authorized work. The extension request shall be filed by the village staff with the original application.
(A) Whenever the village staff finds, by inspection or otherwise, that any lot, structure, or use, or work thereon, is in violation of the Development Code, staff shall serve a corrective action order upon the responsible party in one of the following ways:
(1) Delivered in person;
(2) Sent by registered mail to last known address; or
(3) Posted in a conspicuous place on or about the affected premises.
(B) The order to take corrective action shall be in writing and shall include:
(1) A description of the premises sufficient for identification;
(2) A statement indicating the nature of the violation;
(3) A statement of the remedial action necessary to effect compliance;
(4) The date by which the violation must be corrected;
(5) A statement that the alleged violator is entitled to a conference with the village staff if he or she so desires;
(6) The date by which an appeal of the corrective action order must be filed and a statement of the procedure for so filing; and
(7) A statement that failure to obey a corrective action order shall result in revocation of the certificate of zoning compliance and may result in imposition of fines.
(C) In such case that the village staff states on the corrective action order that the violation must cease immediately, the corrective action order is equivalent to a stop order. Also, in the event that such violation poses an imminent peril to life or property, staff may institute, without notice or hearing, any emergency measures considered necessary to alleviate the perilous condition.
A final certificate of zoning compliance shall be required to use, occupy or put into operation any land developed, new use or structure established or erected, or existing use or structure enlarged, extended, altered, relocated or reconstructed; provided that, the work required an initial certificate of zoning compliance. Upon written request and payment of required fee by the applicant, the village staff shall inspect the work authorized by the initial certificate. If it is determined that the work has been completed in accordance with approved plans, the applicant shall receive the final certificate.
(A) Generally. A special use permit shall be required to establish or erect a use or structure which is listed in the applicable zoning district in Schedule A as a special use. Applicants for a special use permit for any use classified as an adult use shall provide additional information to demonstrate compliance with § 151.183.
(B) Application.
(1) An application (see division (A) above) shall be submitted for a special use permit to the village staff, and the application along with a staff advisory report, will be forwarded to the Planning Commission for consideration as herein provided. The application shall be accompanied by a non-refundable fee (See Chapter 34.)
(2) Items of information (in narrative and/or graphic form):
(a) Name and address of the applicant;
(b) Name and address of the owner or operator of the proposed structure or use, if different from division (B)(2)(a) above;
(c) Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees, and similar matters;
(d) Location of the proposed use or structure, and its relationship to existing adjacent uses or structure;
(e) Area and dimensions of the site for the proposed structure or uses;
(f) Existing topography of the site, with two-foot contours, and proposed finished grade;
(g) Existing and proposed screening, landscaping and erosion control features on the site, including the parking area;
(h) Height and setbacks of the proposed structure;
(i) Number and size of proposed dwelling units, if any;
(j) Location and number of proposed parking/loading spaces and accessways;
(k) Identification and location of all existing or proposed utilities, whether public or private;
(l) Owner's design professionals certification that all Code requirements are being met and an analysis of the effect on public utilities and traffic circulation;
(m) For original submittal, two copies (24" by 36" size) of the plan will be submitted with the application. After review and modifications applicant to submit two copies (24" by 36" size) plans and ten copies (11" by 17" size) plans; and
(n) Any other pertinent information that the Administrator may require.
(C) Public hearing. The Planning Commission shall hold a public hearing on every special use permit application within a reasonable time after the application is submitted. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date and place of the hearing and the nature of the proposed special use shall be given not more than 30, nor less than 15, days before the hearing.
(1) The applicant will give notice by certified mail or notarized signatures on a sheet to all parties whose property would be directly affected by the proposal and must include all adjoining property owners. The applicant shall submit to the village staff prior to the public hearing proof (certified return receipt) that all parties have been notified. If proof is not given at least one business day prior to the public hearing, the application shall be removed from the agenda and the public hearing must be rescheduled.
(2) The village will publish notice in a newspaper of general circulation within its municipality at the applicant's expense.
(D) Recommendation, factors considered.
(1) (a) After the public hearing, the Planning Commission shall submit a recommendation to the Village Board of Trustees. In deciding what recommendation should be given, the Planning Commission shall consider the following:
1. Whether the proposed design, location and manner of operation of the proposed special use will adequately protect the public health, safety and welfare, and the physical environment;
2. The effect of the proposed special use on neighboring property value and the overall tax base;
3. The effect of the proposed special use on public utilities and traffic circulation on nearby streets; and
4. Whether there are any facilities near the proposed special use (such as schools or hospitals) that require special protection.
(b) The recommendation, when the applicant is proposing an adult use, must show compliance with the requirements and development standards hereof.
(2) The Plan Commission may recommend conditions on which the special use be approved.
(E) Action by Village Board of Trustees.
(1) The Village Board of Trustees shall act on every request for a special use permit at its next regularly scheduled Board meeting (not a committee at large meeting) following submission of the Planning Commission's recommendation. The Village Board may place additional conditions on which the special use is approved or modify the conditions recommended by the Planning Commission. Without further public hearing, the Village Board of Trustees may grant a special use permit by a vote passed by simple majority vote of all members then holding office.
(2) If a request for a special use is denied by the Village Board, a special use resubmittal, on the parcel, by the same owner/applicant, will not be accepted by the village for one year following the Village Board meeting at which the denial was made.
(3) Any special use so granted, shall be based on submittals made to the village prior to the vote of the Village Board. Any modifications or alterations proposed after the vote shall not be considered or accepted. Should the applicant wish to modify from the original submittal, the special use process shall begin again and public hearings, recommendations and votes be taken on the new special use request.
(Am. Ord. 2020-03-02A, passed 3-2-2020)
(A) Generally. The Village Board of Trustees may amend this Development Code in accordance with state law (Illinois Compiled Statutes) and the provisions of this section. Amendments may be proposed by the Village Board of Trustees, the village staff, the Village Planning Commission or any party in interest.
(B) Application.
(1) An application (see § 151.340) shall be submitted to the village staff and the application along with a staff advisory report, will be forwarded to the Planning Commission for consideration as herein provided. The application shall be accompanied by a non-refundable fee. (See Chapter 34.)
(2) Every Amendment proposal shall also be filed with the St. Clair County Soil and Water Conservation District by the applicant and evidence of same furnished with the application to the village.
(3) Applicant, at a minimum, to include the following items of information (in narrative and/or graphic form):
(a) Name and address of the applicant;
(b) Name and address of the owner or operator of the proposed structure or use, if different from division (B)(3)(a) above;
(c) Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees and similar matters;
(d) Location of the proposed use or structure, and its relationship to existing adjacent uses or structure;
(e) Area and dimensions of the site for the proposed structure or uses;
(f) Existing topography of the site, with two-foot contours and proposed finished grade;
(g) Number and size of proposed dwelling units, if any;
(h) Location and number of proposed parking/loading spaces and accessways;
(i) Identification and location of all existing utilities;
(j) For original submittal, two copies (24" by 36" size) of the plan will be submitted with the application. After review and modifications applicant to submit two copies (24" by 36" size) plans and ten copies (11" by 17" size) plans; and
(k) Any other pertinent information that the Administrator may require.
(C) Public hearing, notice. The Village Planning Commission shall hold a public hearing on every amendment proposal within a reasonable time after said proposal has been submitted. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date and place of the hearing, and the nature of the proposed amendment shall be given not more than 30, nor less than 15, days before the hearing.
(1) The applicant will give notice by certified mail or notarized signatures on a sheet to all parties whose property would be directly affected by the proposal and must include all adjoining property owners. Applicant shall submit to the village staff prior to the public hearing proof (certified return receipt) that all parties have been notified. If proof is not given at least one business day prior to the public hearing, the application shall be removed from the agenda and the public hearing must be rescheduled.
(2) The village will publish notice in a newspaper of general circulation within its municipality at the applicant's expense.
(D) Recommendation, findings of fact. After the public hearing, the Planning Commission shall submit a recommendation to the Village Board of Trustees. This recommendation shall state the Village Planning Commission’s findings regarding adoption of the proposed amendment.
(E) Action by Village Board of Trustees. The Village Board of Trustees shall act on every proposed Amendment at its next regularly scheduled meeting (not a committee at large meeting) following submission of the Village Planning Commission's recommendation. Without further public hearing, the Village Board of Trustees may pass any proposed Amendment or may refer it back to the Village Planning Commission for further consideration, by simple majority vote of all members then holding office.
(1) If a request for an amendment is denied by the Village Board, an amendment/rezoning request, on same parcel, by the same owner/applicant, will not be accepted by the village, for one year following the Village Board meeting at which the denial was made.
(2) Exception: The favorable vote of at least two-thirds of all the members of the Village Board of Trustees is required to pass an amendment to this Development Code when the proposed amendment is opposed, in writing, by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered.
(Am. Ord. 2020-03-02A, passed 3-2-2020)
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