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A. Publication Of Notice: No public hearing before the Planning Commission/Zoning Board of Appeals on any appeal, or request or petition for variation, amendment, planned development or special use shall be held unless the notice of time and place of the hearing is published at least once, in one or more newspapers published in the Village, or if none, then in one or more newspapers with a general circulation within the Village.
1. The notice shall be prepared by the zoning official not less than twenty (20) days before the scheduled hearing.
2. The zoning official shall cause said notice to be published not more than thirty (30) nor less than fifteen (15) days before the hearing. The petitioner shall reimburse the Village all costs associated with publication.
B. Notice To Adjacent Owners:
1. The zoning official or designee shall compile a list of all owners, as disclosed by the records of the Recorder of Deeds, or as appears from the authentic tax records of Kane County, of all property within two hundred fifty feet (250') in each direction of the parcel, exclusive of road rights-of-way.
2. The zoning official or designee shall provide said list to the petitioner or applicant who shall cause notice of the public hearing to be mailed to property owners at the addresses identified on the list, not less than fifteen (15), nor more than thirty (30) days before the hearing. Said notice shall include, at a minimum, information set forth in subsection C of this section.
3. Said mailing shall be by registered mail, return receipt requested, and shall be accomplished at the expense of the petitioner or applicant.
4. The petitioner or applicant shall furnish a copy of the notice to adjacent property owners and a written statement certifying that he or she has complied with the requirements of this section. The Planning Commission/Zoning Board of Appeals shall only hear a petition for variation, appeal, special use, or amendment if the petitioner or applicant furnishes the list and certificate herein described.
C. Content Of Notice: The notice of public hearing shall include at least the following information:
1. The address and/or location of the property for which the appeal, variation, amendment, or special use is requested.
2. A brief statement of the nature of the request.
3. Existing zoning classification.
4. Proposed zoning, if applicable.
5. Requested exceptions from applicable regulations of this title, if applicable.
6. The name and address of the legal and beneficial owner of the property for which the variation is requested.
7. A legal description of the subject property.
8. The time, date and location of the public hearing.
D. Posting: Applicants or petitioners for public hearing shall post a readable sign(s) provided by the Village on each adjacent roadway in a number and location as determined by the zoning official not less than fifteen (15) days prior to the date before the public hearing. Sign(s) shall be removed by the applicant or petitioner no later than three (3) days after conclusion of the hearing.
Each sign shall be displayed such that each sign face is perpendicular to the adjoining roadway. The face of the sign(s) required by this section shall be at least sixteen inches (16") in height and twenty one inches (21") in length. The sign(s) shall contain the following message:
PUBLIC NOTICE
Proposed
ZONING CHANGE
On This Property
For more information call
630.391.7220
or visit
The jurisdiction of the Planning Commission/Zoning Board of Appeals to hold public hearings shall not be affected by the absence of a posted notice, if such absence is not the result of the applicant's or petitioner's act or omission.
E. Continuation Of Public Hearings: The Planning Commission/Zoning Board of Appeals shall hold at least one public hearing on the proposed variation, amendment, planned development, or special use. However, public hearings may be continued by the Planning Commission/Zoning Board of Appeals, from time to time, without further notices being published, subject to compliance with the Illinois Open Meetings Act. (Ord. 2002-01-15B, 1-15-2002; amd. Ord. 2018-03-20C, 3-20-2018)
A. Authority: The Planning Commission/Zoning Board of Appeals shall hear and decide upon all appeals from administrative decisions or actions related to this title, pursuant to procedures set forth herein.
B. Initiation:
1. An appeal from a final order, requirement, decision or determination to issue, not to issue, revoke, rescind or extend a permit or certificate requiring compliance with the provisions of this title may be taken to the Planning Commission/Zoning Board of Appeals by any person aggrieved, or by any officer or department of the Village.
2. Such an appeal shall be taken within forty five (45) days after the decision complained of, by filing with the zoning official, and with the Planning Commission/Zoning Board of Appeals, a written notice of appeal specifying the grounds thereof.
3. The zoning official shall transmit to the Planning Commission/Zoning Board of Appeals all papers related to the decision which led to the appeal.
C. Notice Of Appeal:
1. The notice of appeal shall, at a minimum, contain the following information:
a. Name, address and phone number of the individual filing the appeal.
b. Location of the property involved in the decision complained of.
c. Identification of the section or provision of this title that is in dispute.
d. Written decision of the zoning official.
e. Description of the proposed use of the property, including a plat or plot diagram.
f. Brief narrative argument and summary of the factual evidence upon which the appeal is based.
2. An appeal shall stay all proceedings related to the action on which the appeal is based, including, but not limited to, plan review, processing of permits, or construction, unless it is demonstrated to the zoning official or the Planning Commission/Zoning Board of Appeals that a stay would cause imminent peril to life and/or property.
D. Hearing:
1. The zoning official shall transmit the application of the appeal to the Planning Commission/Zoning Board of Appeals, who shall hold a public hearing at such time and place as shall be established by the Chairperson of the Planning Commission/Zoning Board of Appeals, after due notice is provided.
2. The hearing shall be conducted, and a record of such proceedings shall be preserved, in such a manner as the Planning Commission/Zoning Board of Appeals shall prescribe.
3. Notice requirements for public hearings on appeals are set forth in section 11-13-8 of this chapter.
E. Decision: The Planning Commission/Zoning Board of Appeals shall reach its decision within a reasonable period of time after the conclusion of the hearing of the appeal:
1. The Planning Commission/Zoning Board of Appeals may affirm or may reverse, wholly or in part, or may modify the order, requirement, decision, or determination being appealed.
2. Records of all actions of the Planning Commission/Zoning Board of Appeals, relative to appeals, shall be maintained by the Village.
3. The decision of the Planning Commission/Zoning Board of Appeals shall be a final administrative decision, based on the evidence presented at the hearing of the appeal. A concurring vote of four (4) shall be required for reversal of or modification of the order, requirement, decision or determination of the zoning official. (Ord. 2002-01-15B, 1-15-2002; amd. Ord. 2018-03-20C, 3-20-2018)
A. Purpose: A variation is a grant of relief to a property owner from strict compliance with the regulations of this title. The intent of a variation is not to simply remove an inconvenience or financial burden that may result from compliance with applicable zoning requirements. Variations are intended to help alleviate an undue hardship that would be caused by the literal enforcement of the subject ordinance requirements. They are intended to provide relief when the requirements of this title render land difficult or impossible to use because of some unique or special characteristic of the property itself.
B. Authority: The Village Board shall decide variations from the provisions of this title that are in harmony with its general purpose and intent, and shall vary them only in the specific instances where the Planning Commission/Zoning Board of Appeals has made a finding of fact based on the standards hereinafter prescribed that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this title.
C. Authorized Variations:
1. Village Board: The Village Board may grant variations from the regulations of this title upon recommendation by the Planning Commission/Zoning Board of Appeals after due notice and hearing as set forth in section 11-13-8 of this chapter.
2. Planning Commission/Zoning Board Of Appeals: The Planning Commission/Zoning Board of Appeals may recommend variations from the regulations of this title be granted in connection with a planned unit development, but only in accordance with the standards set out in chapters 11 and 13, as applicable, of this title.
The Planning Commission/Zoning Board of Appeals may recommend variations from the regulations of this title be granted, but only in accordance with the standards set out in this section, and shall be granted only in the following instances and in no others:
a. To permit a reduction in the applicable lot area, lot width, lot depth, and gross density requirements;
b. To permit any yard or setback less than the yard or setback required by the applicable regulations;
c. To increase the maximum lot coverage;
d. To increase the maximum floor area ratio;
e. To decrease the minimum floor area;
f. To increase the maximum height of any principal building or accessory structure or building, or fence;
g. To increase the maximum height of freestanding monument sign;
h. To decrease the minimum setback required for a freestanding monument sign;
i. To increase the gross area of any sign face;
j. To reduce the applicable off street parking and off street loading requirements (other than setbacks) contained in chapter 12 of this title;
k. To decrease the number of required shade trees and shrubs;
l. To vary the regulations relating to restoration of damaged or destroyed nonconforming structures contained in chapter 5 of this title;
m. To vary the height of buildings used exclusively for agricultural purposes which are located within the A-1 District; and
n. To vary the height of residential buildings located within the SR District.
D. Application For A Variation:
1. Authority To File Application: An application for a variation may be made by any individual, office, department, board, bureau or commission requesting or intending to request application for a building permit, zoning certificate, or occupancy certificate.
2. Application: An application for a variation shall be filed with the zoning official, who shall forward such application to the Planning Commission/Zoning Board of Appeals for processing in accordance with applicable Statutes of the State and provisions of this title. The application shall be accompanied by:
a. The name, address and phone number of the applicant.
b. The legal description, common address and permanent index number of the property to be benefitted by the variation.
c. Identification of the specific provisions of this title from which the variation is sought.
d. A description of the proposed variation, including a dimensioned site plan or plat, unless specifically waived by the zoning official. The Planning Commission/Zoning Board of Appeals may, however, overrule such waiver and require the submission of a dimensioned site plan before making their findings and recommendations.
e. A brief summary of the factual evidence upon which the applicant will rely to show that the standards for variation will be met.
E. Hearing And Notice:
1. The zoning official shall transmit the application to the Planning Commission/Zoning Board of Appeals who shall hold a public hearing at such time and place as shall be established by the Chairperson of the Planning Commission/Zoning Board of Appeals after due notice is provided.
2. The hearing shall be conducted, and a record of such proceedings shall be preserved, in such a manner as the Planning Commission/Zoning Board of Appeals shall prescribe.
3. Notice requirements for public hearings on variations are set forth in section 11-13-8 of this chapter.
F. Standards For Granting A Variation:
1. Standards: The Planning Commission/Zoning Board of Appeals shall not recommend, and the Village Board shall not vary, the provisions of this title, unless it shall find that the:
a. Property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zoning district.
b. Plight of the owner is due to unique circumstances.
c. Variation, if granted, will not alter the essential character of the locality.
2. Recommendation Guidelines: For the purpose of supplementing the above standards, the Planning Commission/Zoning Board of Appeals, in making a recommendation that there are practical difficulties or particular hardships, shall also take into consideration the extent to which the evidence establishes, or fails to establish, the following:
a. The particular physical surroundings, shape or topographical condition of the specific property involved would bring particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulation were to be carried out.
b. The conditions upon which the petition for variation is based would not be generally applicable to other property within the same zoning district.
c. The purpose of the variation is not based exclusively upon a desire to make more money out of the property.
d. The alleged difficulty or particular hardship has not been created by any person presently having an interest in the property, or by the applicant.
e. The granting of the variation will not be detrimental to the public welfare, or injurious to other property or improvements in the neighborhood in which the property is located.
f. The proposed variation will not:
(1) Impair an adequate supply of light and air to adjacent properties.
(2) Substantially increase the hazard from fire or other dangers to said property or adjacent properties.
(3) Otherwise impair the public health, safety, comfort, morals or general welfare of the inhabitants of Sugar Grove.
(4) Diminish or impair property values in the neighborhood.
(5) Unduly increase traffic congestion in the public streets and highways.
(6) Create a nuisance.
(7) Result in an increase in public expenditures.
g. The variation is the minimum variation necessary to make possible the reasonable use of the land, building or structure.
3. Conditions And Restrictions: In granting a variation, the Village Board is authorized to impose such conditions and restrictions upon the subject premises as shall be necessary to reduce or minimize any potentially adverse impacts on other property in the surrounding area, and to carry out the stated purpose and intent of this title.
G. Decisions For Variations:
1. Statement: Within one hundred twenty (120) days after the close of the hearing on a proposed variation, the Planning Commission/Zoning Board of Appeals shall prepare a written statement of findings of fact and recommendations, and shall submit this statement to the Village Board. The findings of fact shall specify the reason or reasons for recommending approval, approval with conditions, or denial of the proposed variation, and shall address how the variation does, or does not comply with standards set forth in subsection F of this section, or in the case of a planned unit development, sections 11-11-5 and 11-16-7 of this title.
2. Approval: The Planning Commission/Zoning Board of Appeals is not required to recommend for approval the full variation requested. The Planning Commission/Zoning Board of Appeals may recommend, and the Village Board may approve, a variation of less extent than that contained in the request.
3. Majority Vote: A concurring vote of a majority of those members present at the meeting of the Planning Commission/Zoning Board of Appeals, with a minimum of four (4) concurring votes, shall be required to recommend granting or denying an application for variation.
4. Decision Final: The decision of the Village Board shall be final, and subject to judicial review only in accordance with applicable State Statutes.
5. Notice Of Decision: No variation shall be granted, except by ordinance duly passed and approved by the Village Board, after public hearing and written findings of fact and recommendation from the Planning Commission/Zoning Board of Appeals. The terms of relief granted shall be specifically addressed in said ordinance. Any ordinance granting a variation shall provide that the variation granted shall be valid for a period of no more than twelve (12) months, unless a building permit for the erection or alteration of a building is obtained within such period and such erection or alteration is started within said period and proceeds to completion in accordance with the terms of the ordinance.
6. Recommendation: The recommendation of the Planning Commission/Zoning Board of Appeals shall not be final, but shall be forwarded to the Village Board in accordance with 65 Illinois Compiled Statutes 5/11-13-14.1(C)1.
7. Recording Of Variations: Prior to the issuance of any building permit, certificate of occupancy or any related development or construction approval, the zoning official or designee shall cause the ordinance granting the variation to be recorded in the Office of the Kane County Recorder of Deeds. The petitioner or applicant shall reimburse the Village all costs associated with recording the ordinance.
H. General Provisions:
1. Effect Of Denial Of A Zoning Variation: No application for a zoning variation which has been denied wholly or in part by the Village Board shall be resubmitted for a period of twelve (12) months from the date of said order of denial, except on the grounds of substantial new evidence or proof of changed conditions found to be valid by the Planning Commission/Zoning Board of Appeals and Village Board.
2. Transferability: Approved variations run with the land and are not affected by changes of tenancy, ownership, or management.
3. Amendments: A request for changes in the specific nature of the approved variation or changes to any conditions attached to an approved variation shall be processed as a new variation application, including all requirements for fees, notices and public hearings.
4. Period Of Validity: No decision granting a variation shall be valid for a period longer than twelve (12) months from the date of such decision unless:
a. An application for a zoning certificate is obtained within such period and construction, reconstruction, moving and remodeling is started; or
b. An occupancy certificate is obtained and a use is commenced.
The Village Board may grant additional extensions of time not exceeding six (6) months each, upon written application made before the variation expires without further notice or hearing, but said right to so extend said time shall not include the right to grant additional relief by expanding the scope of the variation. Nothing in this section shall limit or affect the validity of a variation granted under the terms of this section if the relief sought and obtained herein does not require the issuance of a zoning or occupancy certificate or the commencement of use, construction, reconstruction, moving or remodeling.
5. Lapse Of Approval:
a. An approved variation will lapse and have no further effect twelve (12) months following its approval, unless: 1) a building permit has been issued (if required); or 2) the use or structure has been lawfully established.
b. The Village Board is authorized to extend the expiration period for good cause on up to two (2) separate occasions, by up to six (6) months each. Requests for extensions shall be submitted to the zoning official before the variation expires. No hearings, notices or fees are required for extensions.
c. A variation also lapses upon revocation of a building permit or a certificate of occupancy for violations of conditions of approval or upon expiration of a building permit to carry out the work authorized by the variation. (Ord. 2016-04-05I, 4-5-2016; amd. Ord. 2016-08-16A, 8-16-2016; Ord. 2018-03-20C, 3-20-2018; Ord. 2022-03-15D, 3-15-2022; Ord. 2022-08-02A, 8-2-2022)
A. Purpose:
1. Amendments may be granted to:
a. Promote the public health, safety, morals, comfort, and general welfare of the Village.
b. Conserve the value of property throughout the Village.
c. Lessen or avoid congestion in the public streets and highways.
2. Amendments shall be classified as follows:
a. Text amendments, which are amendments to the text of this title.
b. Map amendments, which are amendments to the zoning district map, adopted pursuant to this title.
B. Authority: The Village Board shall, after receiving a recommendation from the Planning Commission/Zoning Board of Appeals in the manner hereinafter set forth, approve, approve with conditions, or deny a text or a map amendment, pursuant to the procedures set forth herein.
C. Initiation: Amendments may be proposed by the Village Board, the Planning Commission/Zoning Board of Appeals, or any property owner or interested person or organization.
D. Processing: A petition or application for an amendment shall be filed with the zoning official, and shall include at least the following information:
1. Text Amendments:
a. Name, address and telephone number of the petitioner or applicant.
b. The proposed text amendment.
c. A statement of how the proposed amendment relates to the comprehensive land use plan, as may be amended from time to time, or otherwise promotes the public health, safety and general welfare of the Village.
2. Map Amendments:
a. Name, address and telephone number of the petitioner or applicant.
b. The proposed map amendment, including:
(1) Legal description of the property to be affected.
(2) Common address and permanent index number.
(3) Identification of existing zoning.
(4) Identification of proposed zoning.
(5) Existing use of the property.
(6) Proposed use of the property.
(7) Location map showing:
(A) Property lines and streets.
(B) Such other items as the zoning official may require.
(8) A written statement of how the proposed amendment:
(A) Relates to the comprehensive land use plan.
(B) Promotes the public health, safety and general welfare.
(C) Fulfills the standards set forth in subsection F of this section.
E. Hearing:
1. The zoning official shall transmit the application to the Planning Commission/Zoning Board of Appeals, who shall hold a public hearing at such time and place as shall be established by the Chairperson of the Planning Commission/Zoning Board of Appeals, after due notice is provided.
2. The hearing shall be conducted, and a record of such proceedings shall be preserved, in such a manner as the Planning Commission/Zoning Board of Appeals shall prescribe.
3. Notice requirements for public hearings on amendments are set forth in section 11-13-8 of this chapter.
F. Standards: The Planning Commission/Zoning Board of Appeals shall not recommend, nor the Village Board grant an amendment to alter the zoning district boundary lines, unless it shall determine, based upon the evidence presented to the Planning Commission/Zoning Board of Appeals in each specific case, that:
1. The amendment promotes the public health, safety, comfort, convenience and general welfare of the Village, and complies with the policies and comprehensive land use plan and other official plans of the Village.
2. The trend of development in the area of the subject property is consistent with the requested amendment.
3. The requested zoning permits uses which are more suitable than the uses permitted under the existing zoning classification.
4. The amendment, if granted, will not alter the essential character of the neighborhood, and will not be a substantial detriment to adjacent property.
G. Decision:
1. Within one hundred twenty (120) days after the close of the hearing on a proposed amendment, the Planning Commission/Zoning Board of Appeals shall prepare a written statement of findings of fact and recommendations and submit this statement to the Village Board. The findings of fact shall specify the reason or reasons for recommending approval, approval with conditions, or denial of the proposed text or map amendment.
2. The Village Board may, by ordinance, grant, or grant with modification, a text or map amendment. If an application is not acted upon by the Village Board within six (6) months of the date upon which such application is filed, it shall be deemed to have been denied.
3. The Planning Commission/Zoning Board of Appeals may recommend, and the Village Board may approve, conditions and restrictions upon the premises benefitted by an amendment as shall be necessary to comply with the standards set forth in this chapter. Changes in restrictions or conditions shall be processed in the manner established by this chapter for amendments.
4. A concurring vote of a majority of those members of the Planning Commission/Zoning Board of Appeals present at the meeting, with a minimum of four (4) concurring votes, shall be required to recommend granting or denying an application for an amendment.
5. In those instances where the Village Board does not concur with a recommendation of the Planning Commission/Zoning Board of Appeals to deny a map or text amendment, the favorable vote of two-thirds (2/3) of the members of the Village Board shall be necessary to grant an ordinance granting the amendment.
6. No amendment shall be granted except by ordinance duly passed and adopted by the Village Board, after public hearing and written recommendation from the Planning Commission/Zoning Board of Appeals.
H. Written Protest:
1. A map or text amendment shall not be passed except by a favorable vote of two-thirds (2/3) of the members of the Village Board in the case of a written protest against any proposed text amendment or map amendment when said protest is signed and acknowledged by the owners of twenty percent (20%) of the:
a. Frontage proposed to be altered.
b. Frontage adjoining or across an alley from the property.
c. Frontage directly opposite the frontage proposed to be altered.
2. The written protest shall be served by the protester or protesters on the applicant for the proposed amendment, and a copy served on the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application or petition for the proposed amendment. (Ord. 2002-01-15B, 1-15-2002; amd. Ord. 2007-08-21A, 8-21-2007; Ord. 2018-03-20C, 3-20-2018)
A. Purpose:
1. The development and execution of this title is based upon the division of the Village into districts, within any one of which the use of land and buildings, and the bulk and location of buildings or structures, as related to the land, are essentially uniform.
2. It is recognized, however, that there are special uses which, because of their unique character, cannot be properly classified in any particular district or districts without consideration, in each case, of the potential impact of those uses upon neighboring lands and upon the public need for the particular use or particular location.
3. Such special uses fall into two (2) categories:
a. Uses operated by a public agency or publicly regulated utilities, which are uses traditionally associated with a public interest, such as parks, recreation areas, public administrative buildings, or the private use of existing public buildings.
(1) It is stressed that public uses are associated with the public interest.
(2) In the case of a request for a special use by a unit of local government, for a public use within its statutory mandate, the review shall not be based on determining the need for the publicly mandated use on the specific site but, rather for assessing the impact of the proposed public use upon neighboring lands, and upon the Village's streets or utilities.
b. Uses entirely private in character, but of such a nature that the operation may give rise to unique problems or benefits with respect to their impact upon neighboring property, public facilities, the Village as a whole, or the natural environment or resources.
B. Authority: The Village Board shall, after receiving a recommendation from the Planning Commission/Zoning Board of Appeals in the manner hereinafter set forth, approve, approve with conditions, or deny a special use, pursuant to the procedures set forth herein.
C. Initiation: Special uses may be made by any person, or by an office, department, board, bureau or commission requesting or intending to request a building permit, or occupancy certificate.
D. Processing: A petition or application for a special use permit shall be filed with the zoning official, and shall include at least the following information:
1. Name, address and telephone number of the applicant.
2. Legal description of the property for which the special use is requested.
3. Description of the existing use of the affected property.
4. The present zoning classification for the affected property.
5. Description of the proposed special use.
6. A dimensioned site plan or plat, showing the location of:
a. All buildings.
b. Parking areas.
c. Traffic access and circulation.
d. Open spaces and yards.
e. Landscaping.
f. Refuse and service areas.
g. Utilities.
h. Signs.
i. Other information as determined by the Planning Commission/Zoning Board of Appeals as necessary for determining if the proposed special use meets the intent and requirements of this title.
7. A grading plan, showing existing and proposed contours and proposed routing and storage of stormwater, when new construction or site development is proposed.
8. A written statement, that addresses the:
a. Economic effects on adjoining properties.
b. Effects of such elements as noise, glare, odor, fumes and vibration on adjoining properties.
c. General compatibility with adjacent and other properties in the district.
d. Effects of traffic generated by the proposed use.
e. Relationship to the comprehensive land use plan.
f. How the proposed special use fulfills requirements of this chapter.
E. Hearing:
1. The zoning official shall transmit the application for a special use to the Planning Commission/Zoning Board of Appeals, who shall hold a public hearing at such time and place as shall be established by the Chairperson of the Planning Commission/Zoning Board of Appeals, after due notice is provided.
2. The hearing shall be conducted, and a record of such proceedings shall be preserved, in such a manner as the Planning Commission/Zoning Board of Appeals shall prescribe.
3. Notice requirements for public hearings on amendments are set forth in section 11-13-8 of this chapter.
F. Standards:
1. The Planning Commission/Zoning Board of Appeals shall not recommend, nor the Village Board approve a special use, unless it shall find, based upon the evidence presented to the Planning Commission/Zoning Board of Appeals in each specific case, that the special use:
a. Will be harmonious with and in accordance with the general objectives of the comprehensive land use plan and/or this title.
b. Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not alter the essential character of the same area.
c. Will not be hazardous or disturbing to existing or future neighborhood uses.
d. Will be adequately served by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewers and schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.
e. Will not create excessive additional requirements at public cost for public facilities and services, and will not be detrimental to the economic welfare of the Village.
f. Will not involve uses, activities, processes, materials, equipment and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
g. Will have vehicular approaches to the property which shall be so designed as to not create an undue interference with traffic on surrounding public streets or highways.
h. Will not increase the potential for flood damage to adjacent property, or require additional public expense for flood protection, rescue or relief.
i. Will not result in the destruction, loss or damage of natural, scenic or historic features of major importance to the Village.
2. The special use shall, in all respects, conform to the applicable regulations of the district in which it is located, except as such regulations may be modified, in each instance, by the Village Board, pursuant to the recommendations of the Planning Commission/Zoning Board of Appeals.
G. Decision:
1. Within one hundred twenty (120) days after the close of the hearing on a proposed special use, the Planning Commission/Zoning Board of Appeals shall prepare a written statement of findings of fact and recommendations and submit this statement to the Village Board. Said findings of fact shall address how the proposed special use does, or does not comply with the standards set forth in this chapter.
2. The Village Board may, by ordinance, grant, or grant with modification, a requested special use. If an application is not acted upon by the Village Board within six (6) months of the date upon which such application is filed, it shall be deemed to have been denied.
3. The Planning Commission/Zoning Board of Appeals may recommend, and the Village Board may approve, conditions and restrictions upon the premises benefitted by a special use as shall be necessary in their opinion to:
a. Comply with the standards set forth in this chapter.
b. Reduce or minimize injurious effect of such special use on other property in the neighborhood.
c. Implement the general purpose and intent of this title.
4. No special use shall be granted, except by ordinance duly passed and adopted by the Village Board after public hearing and written recommendation from the Planning Commission/Zoning Board of Appeals:
a. Without further public hearing, the Village Board may grant, deny or amend the recommendation for special use.
b. Every special use which is granted by ordinance of the Village Board shall be accompanied by findings of fact, and shall refer to any exhibits containing plans and specifications of the proposed special use, which shall remain a part of the permanent records of the Planning Commission/Zoning Board of Appeals.
c. The findings shall specify the reason or reasons for approving or denying the special use.
d. Any terms of relief granted as part of a special use shall be specifically set forth in the findings and ordinance.
5. A concurring vote of a majority of those members of the Planning Commission/Zoning Board of Appeals present at the meeting, with a minimum of four (4) concurring votes, shall be required to recommend granting or denying an application for a special use.
6. Changes in restrictions or conditions shall be processed in the manner established by this chapter for special uses.
H. Recording Of Special Use: Prior to the issuance of any building permit, certificate of occupancy or any related development or construction approval, the zoning official or designee shall cause the ordinance granting the special use to be recorded in the Office of the Kane County Recorder of Deeds. The petitioner or applicant shall reimburse the Village all costs associated with recording the ordinance.
I. General Provisions:
1. Written Protest: A special use shall not be passed except by a favorable vote of two-thirds (2/3) of the members of the Village Board in the case of a written protest against any proposed special use when said protest is signed and acknowledged by the owners of twenty percent (20%) of the:
a. Frontage proposed to be altered.
b. Frontage immediately adjoining or across an alley from the property.
c. Frontage directly opposite the frontage proposed to be altered.
The written protest shall be served by the protester or protestors on the applicant for the proposed special use, and a copy served on the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application or petition for the proposed special use.
2. Effect Of Denial Of A Special Use: No application for a special use which has been denied wholly or in part by the Village Board shall be resubmitted for a period of twelve (12) months from the date of said order of denial, except on the grounds of substantial new evidence or proof of changed conditions found to be valid by the Planning Commission/Zoning Board of Appeals and Village Board.
3. Transferability: Approved special uses run with the land and are not affected by changes of tenancy, ownership, or management.
4. Amendments: A request for changes in the specific nature of the approved special use or changes to any conditions attached to an approved special use shall be processed as a new special use application, including all requirements for fees, notices and public hearings.
5. Period Of Validity: No decision granting a special use shall be valid for a period longer than twelve (12) months from the date of such decision unless:
a. An application for a zoning certificate is obtained within such period and construction, reconstruction, moving and remodeling is started, or
b. An occupancy certificate is obtained and a use is commenced.
The Village Board may grant additional extensions of time not exceeding six (6) months each, upon written application made within the initial six (6) month period without further notice or hearing, but said right to so extend said time shall not include the right to grant additional relief by expanding the scope of the special use. Nothing in this section shall limit or affect the validity of a special use granted under the terms of this section if the relief sought and obtained herein does not require the issuance of a zoning or occupancy certificate or the commencement of use, construction, reconstruction, moving or remodeling.
6. Lapse Of Approval:
a. An approved special use will lapse and have no further effect twelve (12) months following its approval, unless: 1) a building permit has been issued (if required); or 2) the use or structure has been lawfully established.
b. The Village Board is authorized to extend the expiration period for good cause on up to two (2) separate occasions, by up to six (6) months each. Requests for extensions shall be submitted to the zoning official before the special use approval expires. No hearings, notices or fees are required for extensions.
c. A special use also lapses upon revocation of a building permit or a certificate of occupancy for violations of conditions of approval or upon expiration of a building permit to carry out the work authorized by the special use. (Ord. 2002-01-15B, 1-15-2002; amd. Ord. 2016-04-05I, 4-5-2016; Ord. 2018-03-20C, 3-20-2018)
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