A. Amendments.
1. Authority. The Plan Commission may recommend, and the Village Board may approve by duly enacted ordinance, amendments to this title and the zoning map in accordance with the procedures set out in this subsection 9-6-5
A.
2. Purpose. The amendment process established by this subsection 9-6-5
A. is intended to provide a means for making changes to the text of this title and on the zoning map that have more or less general significance or application. It is not intended to relieve particular hardships or to confer special privileges or rights. Rather, it is intended as a tool to adjust the provisions of this title and zoning map in light of changing, newly discovered, or newly imp rtant conditions, situations, or knowledge.
3. Parties Entitled to Seek Amendments. An application for an amendment may be filed by the Village Board, the Plan Commission, the Zoning Officer, the owner of, or any person having a contractual interest in, any property to be affected by a proposed amendment to the zoning map, or any person interested in a proposed amendment to the text of this title.
4. Procedure.
b. Referral. Every properly filed and completed application for an amendment to this title or the zoning map will be referred by the Zoning Officer to the Plan Commission.
c. Public Hearing. In any case where an application for an amendment to this title or the zoning map is referred by the Zoning Officer, the Zoning Officer will provide notice and the Plan Commission will conduct a public hearing in accordance with subsection 9-6-2
E. of this chapter.
d. Action by Plan Commission.
(1) Within twenty-one (21) days following the conclusion of the public hearing, the Plan Commission will transmit to the Village Board its recommendation in the form specified by subsection 9-6-1
C.2.d. of this Chapter.
(2) The failure of the Plan Commission to act within twenty-one (21) days following the conclusion of such hearing, or such further time to which the applicant may agree, will be deemed a recommendation for the approval of the proposed amendment as submitted.
5. Action by Village Board; Protest.
a. Within sixty (60) days following the receipt of the recommendation of the Plan Commission, or its failure to act as above provided, the Village Board will either deny the application or, by ordinance duly adopted, adopt the proposed amendment, with or without modifications; provided, however, that in the event a duly signed and acknowledged protest against a proposed amendment is filed with the village clerk before the adoption of such amendment by the owners of twenty percent (20%) or more of the frontage to be affected by the proposed amendment, or by the owners of twenty percent (20%) or more of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) or more of the frontage directly opposite the frontage to be affected, such amendment will not be passed except by a two-thirds vote of the Village Board.
b. The failure of the Village Board to act within sixty (60) days or such further time to which the applicant may agree, will be deemed to be a decision denying the application.
6. Standard for Amendments. The wisdom of amending the zoning map or the text of this title is a matter committed to the legislative discretion of the Village Board and is not dictated by any set standard. However, in determining whether a proposed amendment should be granted or denied, the Village Board will be guided by the principle that its power to amend the zoning map or this title is not an arbitrary one but one that may be exercised only when the public good demands or requires the amendment to be made. In considering whether that principle is satisfied in any particular case, the Village Board will weigh the factors that subsection 9-6-2
C.6.g. or 9-6-2
C.6.i. requires the applicant to address.
B. Special Use Permits.
1. Authority. The Village Board may, in accordance with the procedures and standards set out in this subsection and by ordinance duly adopted, grant special use permits authorizing the development of uses listed as special uses in the regulations applicable to the district in which the subject property is located.
2. Purpose. Special uses are those uses having some special impact or uniqueness that require a careful review of their location, design, configuration and special impact to determine, against fixed standards, the desirability of permitting their establishment on any given site. They are uses that may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect.
3. Parties Entitled to Seek Special Use Permits. An application for a special use permit may be filed by the owner of, or any person having a contractual interest in, the subject property.
4. Procedure.
a. Optional Pre-application Meeting. Potential special use permit applicants may, but are not required, to request a pre-application meeting with the Zoning Officer or the Village Board. The purpose of a pre-application meeting is to enable the potential applicant to present a development concept before investing significant time and resources for an application submittal under this title and obtain feedback from the Zoning Officer or Village Board on any possible issues or areas of concern. The pre-application meeting is optional and non-binding and does not commit the applicant, the Zoning Officer, Plan Commission, Village Board, or any other department, commission, Board, or other official of the village in any way whatsoever. The applicant may use the information from a pre-application meeting to prepare their application, but each application will be reviewed, and all recommendation and decisions will be conducted in accordance with the terms of this title.
b. Application. An application for a special use permit will be filed in accordance with the requirements of subsection 9-6-2
C.6.h. of this chapter.
c. Referral. Every properly filed and completed application for a special use permit will be referred by the Zoning Officer to the Plan Commission.
d. Public Hearing. In any case where an application for a special use permit is referred to the Plan Commission, the Zoning Officer will provide notice and the Plan Commission will conduct a public hearing in accordance with subsection 9-6-2
E. of this chapter.
e. Action by Plan Commission.
(1) Within twenty-one (21) days following conclusion of the public hearing, the Plan Commission will transmit to the Village Board its recommendation in a form specified by subsection 9-6-1
C.2.d of this chapter, recommending either granting the application for a special use permit; granting the application subject to conditions, as specified in subsection 9-6-5
B.6. below; or denying the application.
(2) The failure of the Plan Commission to act within twenty-one (21) days, or such further time to which the applicant may agree, will be deemed a recommendation for the approval of the proposed special use permit.
f. Action by Village Board. Within sixty (60) days following the receipt of the recommendation of the Plan Commission, or its failure to act as above provided, the Village Board will either deny the application or, by ordinance duly adopted, will grant the special use permit, with or without conditions.
g. Approval by Village Board After Recommendation to Deny. In the event the Plan Commission recommends denial of a special use permit, the Village Board may approve the special use permit, by ordinance duly adopted, upon their favorable majority vote.)
5. Standards for Special Use Permits.
a. General Standards. No special use permit will be recommended or granted pursuant to this subsection unless the applicant establishes that:
(1) Code and Plan Purposes. The proposed use and development will be in harmony with the general and specific purposes for which this title was enacted and for which the regulations of the district in question were established and with the general purpose and intent of the comprehensive plan.
(2) No Undue Adverse Impact. The proposed use, drainage, and development will not have a substantial or undue adverse effect upon adjacent property, the character of the area, or the public health, safety, and general welfare.
(3) No Interference with Surrounding Development. The proposed use and development will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the use and development of neighboring property in accordance with the applicable district regulations.
(4) Adequate Public Facilities. The proposed use and development will be served adequately by essential public facilities and services such as streets, public utilities, drainage structures, police and fire protection, refuse disposal, parks, libraries, and schools, or the applicant will provide adequately for such services.
(5) No Traffic Congestion. The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets.
(6) No Destruction of Significant Features. The proposed use and development will not result in the destruction, loss or damage of natural, scenic, or historic features of significant importance.
(7) Compliance with Standards. The proposed use and development complies with all additional standards imposed on it by the particular provision of this title authorizing such use.
(8) Public Benefit. Whether, and to what extent, the proposed use and development at the particular location requested is necessary or desirable to provide a service or a facility that is in the interest of the public convenience or that will contribute to the general welfare of the neighborhood or community.
(9) Mitigation of Adverse Impacts. Whether, and to what extent, all steps possible have been taken to minimize any adverse effects of the proposed use and development on the immediate vicinity through building design, site design, landscaping, and screening.
b. Special Standards for Specified Special Uses. Where the district regulations authorizing any special use in a particular district impose special standards to be met by such use in such district, a permit for such use in such district will not be recommended or granted unless the applicant will establish compliance with such special standards.
6. Conditions; Periodic Review; Term.
a. Conditions on Special Use Permits. In order to prevent or minimize substantial or undue adverse effects upon neighboring and adjacent properties and improvements, substantial or undue or upon public facilities and services, the Plan Commission may recommend, and the Village Board may impose, and expressly include in the ordinance granting a special use permit, conditions and limitations upon the premises benefitted by a special use permit. Such conditions, restrictions, and limitations may include, without limitation, the following:
(1) Limitations and restrictions of the use of the subject property;
(2) Restrictions on construction activity that will occur on and around the subject property;
(3) Conditions concerning the character and design of the proposed use and development;
(4) The location of the use within the subject property;
(5) The provision of landscaping and screening, with specific regarding to design, quantity, quality, size and location;
(6) Restrictions on the hours of operation of the use;
(7) A requirement that the subject property be developed and used in strict accordance with a site plan that is attached to the ordinance granting the special use permit; and
(8) Any other matters relating to the purposes and objectives of this title.
b. Violation of Conditions. Violation of any of the conditions imposed pursuant to subsection 9-6-5
B.6. of this chapter will be a violation of this title and will constitute grounds for revocation of the special use permit.
c. Periodic Review. The Plan Commission may recommend, and the Village Board may impose, a requirement that the special use permit be publicly reviewed periodically pursuant to and in accordance with such procedures as are set forth in the ordinance granting the special use permit. In every instance, such procedures will provide the applicant with advance notice of, and an opportunity to be heard at, such periodic review.
d. Term of Special Use Permit. Because of the unique operational nature, and potential unknown adverse impacts, of certain special uses, the Plan Commission may recommend, and the Village Board may impose, a term limitation on the duration of certain special uses. Such term limitation will:
(1) Be set forth in the ordinance granting the special use permit; and
7. Affidavit of Compliance with Conditions. Whenever any special use permit granted pursuant to this subsection is made subject to conditions or limitations to be met by the applicant, the applicant will, upon meeting such conditions, file an affidavit with the Zoning Officer so stating. Such affidavit will be accompanied by a nonrefundable fee, to be fixed in each case by the Zoning Officer, to recover the village’s actual direct cost of an inspection to verify that such conditions and limitations have been met.
8. Effect of Issuance of a Special Use Permit. The granting of a special use permit will not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but will merely authorize the preparation, filing, and processing of applications for any permits or approvals that may be required by the codes and ordinances of the village, including but not limited to, a certificate of zoning compliance, a building permit, a certificate of occupancy and subdivision approval.
9. Limitations on Special Use Permits. Subject to an extension of time granted by the Zoning Officer pursuant to subsection 9-6-1
B.12. of this chapter, no special use permit will be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a certificate of occupancy is issued and a use commenced within that period. A special use permit will be deemed to authorize only the particular use for which it was issued, and such permit will automatically expire and cease to be of any force or effect if such use will, for any reason, be discontinued for a period of six (6) consecutive months or more. Except when otherwise provided in the ordinance granting a special use permit, a special use permit will be deemed to relate to, and be for the benefit of, the current owner or operator of the use or lot in question rather than to the lot itself.
10. Amendments to Special Use Permits. A special use permit may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this subsection 9-6-5
B. for its original approval.
11. Renewal of Special Use Permits. The Village Board may, in accordance with the procedures and standards set out in this subsection 9-6-5
B.11., consider requests for renewal of special use permits that have been term limited pursuant to subsection 9-6-5
B.6.d.. An application for the renewal of a special use permit must be filed by the party to whom a special use permit was granted, or a permitted successor thereto or assignee thereof, and must be filed prior to the date on which the term of the special use permit is scheduled to expire. The Village Board may consider such request at a public hearing following notice pursuant to subsection 9-6-2
E. of this chapter. The Village Board may, but will have no obligation to, seek the recommendation of the Plan Commission prior to such consideration. In the event that the party requesting a renewal demonstrates, to the satisfaction of the Village Board, that the standards and circumstances under which the special use permit was originally approved have not materially changed, then the Village Board will, by ordinance duly adopted, renew the special use permit for the same period of time for which the special use permit was first valid. In the event that the Village Board determines that the standards and circumstances under which the special use permit was originally approved have materially changed, the Village Board will have no obligation to renew the special use permit, or may do so with additional conditions.
C. Planned Unit Developments.
1. Authority. The Village Board may, in accordance with the procedures and standards set out in this section, and by ordinance duly adopted, grant special use permits authorizing the development of planned developments, but only in the districts where such developments are listed as an authorized special use.
2. Purpose. Planned developments are included in this title as a distinct category of special use. As such, they are authorized for the same general purposes as all other special uses. The planned development is intended to allow the relaxation of otherwise applicable substantive requirements of this title based upon procedural protections providing for detailed review of individual proposals for significant developments. This special regulatory approach is included in this title in recognition of the fact that traditional regulations, which may be useful in protecting the character of substantially developed and stable areas, may impose inappropriate regulations and rigidities upon the development or redevelopment of parcels or areas that lend themselves to an individual, planned approach. Through the flexibility of the planned development technique, the village seeks to achieve the following specific objectives:
a. Creation of a more desirable environment than would be possible through strict application of other village land use regulations.
b. Promotion of a creative approach to the use of land and related physical facilities resulting in better design and development, including aesthetic amenities.
c. Preservation and enhancement of desirable site characteristics such as natural topography, vegetation, and geologic features, and the prevention of soil erosion.
d. Combination and coordination of architectural styles, building forms, and building relationships.
e. Provision for the preservation and beneficial use of open space.
f. An increase in the amount of open space over that which would result from the application of conventional subdivision and zoning regulations.
g. Encouragement of land uses that promote the public health, safety, and general welfare.
3. Parties Entitled to Seek Planned Development Approval. An application for special use for a planned development may be filed by the owner of, or any person having a contractual interest in, the subject property.
4. Procedure.
a. Informal Review: To initiate the planned development process for developments greater than five (5) acres, the owner or developer will meet with village staff for an informal review of the potential development, its compliance with the village’s Comprehensive Plan and development ordinances, appropriateness for the site and surrounding areas, the approval process, and related matters.
The owner or developer of proposed planned developments of five acres or less may request an optional informal review. This informal review does not require formal application, fee, or filing of a planned development plan. To make the discussion productive, prospective applicants are advised to provide information describing the land use, property size, and character of the anticipated development.
b. Village Board Pre-Application Review: Prior to the applicant filing for planned development consideration for developments greater than five (5) acres, a pre-application review meeting shall be held with the Village Board as an agenda item of a regularly scheduled meeting. The owner or developer of proposed planned developments of five (5) acres or less may request an optional pre-application review. This meeting is to benefit the applicant and provide insights and understanding as to the Village Board’s overall perspective on how the proposed planned development adheres to the village’s Comprehensive Plan, what information will be useful to the Village Board as part of the formal approval process, and what issues the Village Board notes merit consideration during the process. This information will allow the applicant to prepare necessary and appropriately detailed information for the development pre-application plan approval. The following materials shall be provided to the village prior to scheduling and conducting the Village Board pre-application review, as well as other materials that may be required by the Zoning Officer as needed to provide useful background for the Village Board:
(1) General Site Information: Data regarding site conditions, drainage, land and soil characteristics, available community facilities and utilities, existing covenants, and other related information.
(2) Sketch Plan: A scaled drawing in sketch form showing the proposed location and extent of the land uses, major streets, lots, environmental areas, stormwater management facilities, and other features as needed to convey the proposed form of development.
(3) Property Survey: A property survey and description of the site proposed for development.
(4) Proof of Ownership or Interest: Evidence of property ownership or control.
(5) Any views expressed in the course of the Village Board’s pre-application review is only advisory and only the individual views of the member expressing them. Nothing said or done in the course of the pre-application review will be deemed to create, or to prejudice, any rights of the applicant or to obligate the Plan Commission, or any member of it, to recommend approval or denial of any formal application following full consideration as required by this chapter.
c. Technical Review: A formal meeting to review proposed planned developments greater than five acres will be held with village staff for preliminary consideration of the proposed development in light of the requirements of this title and the village code. The owner or developer of proposed planned developments of five (5) acres or less may request an optional technical review. Materials required prior to scheduling and conducting the technical review, shall be the same as the Plan Commission pre-application review, as well as other materials that may be required by the Zoning Officer as needed to provide useful background for the review team.
d. Development Preliminary Plan:
(1) Purpose. The development preliminary plan is intended to provide the applicant an opportunity to submit a plan showing the basic scope, character, and nature of the entire proposed planned development without incurring undue cost. The development preliminary plan is the basis on which the required public hearing is held, thus permitting public consideration of the proposal at the earliest possible stage. In order to permit the village and the applicant to proceed with some assurance, approval of the development preliminary plan binds the applicant and the village with respect to the following basic elements of development:
(a) Categories of uses to be permitted;
(b) General location of residential and nonresidential land uses;
(c) Overall maximum density of residential uses and intensity of nonresidential uses;
(d) General architectural style of the proposed development;
(e) General location and extent of public and private open space, including recreational amenities;
(f) General location of vehicular and pedestrian circulation systems;
(g) Staging of development; and
(h) Nature, scope, and extent of public dedications, improvements, or contributions to be provided by the applicant.
(2) Application. Subsequent to the technical review, as set forth in subsection 9-6-5
C.4.c. of this chapter, but in no event more than six (6) months thereafter, a formal application for approval of a development preliminary plan shall be filed on applications as established by subsection 9-6-2
C, and subsections 9-6-2
C.6.j.
(3) Public Hearing. The Zoning Officer will provide notice and the Plan Commission will conduct a public hearing in accordance with subsection 9-6-2
E. of this chapter.
(4) Action by Plan Commission. Within thirty-five (35) days following the conclusion of the public hearing, the Plan Commission will transmit to the Village Board its recommendation, in the form specified by subsection 9-6-1
C.2.d. of this chapter that the development preliminary plan either be approved, be approved subject to modifications, or not be approved. The failure of the Plan Commission to act within thirty-five (35) days, or such further time to which the applicant may agree, shall be deemed a recommendation for the approval of the development preliminary plan as submitted.
(5) Action by Village Board. Within thirty-five (35) days following the receipt of the recommendation of the Plan Commission, or its failure to act as above provided, the Village Board will either deny the application for approval of the development preliminary plan; remand it back to the Plan Commission for further consideration of specified matter; or shall, by resolution duly adopted, approve the development preliminary plan, with or without modifications and conditions to be accepted by the applicant as a condition of such approval, and refer the matter to the Plan Commission for processing of the final plan. The failure of the Village Board to act within thirty-five (35) days, or such further time to which the applicant may agree, shall be deemed to be a decision denying approval of the development preliminary plan.
(6) Coordination with Subdivision Regulations Ordinance. When a subdivision of land subject to the provisions of title 10 of the village code is proposed in connection with a planned development, review of the preliminary plat of the proposed subdivision shall be carried out simultaneously with review of the development preliminary plan.
(7) Optional Submission of Final Plan. The applicant may, at their option, submit a final plan for the proposed planned development pursuant to the requirements of subsection 9-6-5
C.4.e. of this chapter simultaneously with the submission of the development preliminary plan. In such case, the applicant will comply with all provisions of this code applicable to submission of the development preliminary plan and to submission of the final plan. The Plan Commission and the Village Board will consider the development preliminary plan and final plan simultaneously and grant or deny final plan approval in accordance with the provisions of subsection 9-6-5
C.4.e. of this chapter.
e. Final Plan.
(1) Purpose. The final plan is intended to particularize, refine, and implement the development preliminary plan and to serve as a complete, thorough, and permanent public record of the planned development and the manner in which it is to be developed.
(2) Application. Subsequent to approval of the development preliminary plan, but in no event later than twelve (12)-months after approval of the development preliminary plan, the applicant shall file an application for final plan approval in accordance with the requirements of subsection 9-6-2
C.6.k. of this title. The application shall refine, implement, and be in substantial conformity with the approved development preliminary plan.
(3) Public Meeting. The Zoning Officer will provide notice and the Plan Commission will conduct a public meeting in accordance with subsection 9-6-2
E.2.
(4) Coordination with Subdivision Ordinance. When a subdivision of land subject to title 10 of the village code is proposed in connection with a planned development, review of the final plat of the proposed subdivision shall be carried out simultaneously with review of the final plan.
(5) Phasing of Final Plan Approval. An application for final plan approval may include the entire area included in the approved development preliminary plan or one or more phases, stages, or units thereof; provided, however, that the following matters must be addressed and provide in the first phase, stage, or unit submitted for final plan approval:
(a) All public improvements required or proposed for the entire area included in the approved development preliminary plan.
(b) All open space required or proposed for the entire area included in the approved development preliminary plan.
(c) All land dedications required or proposed for the entire area included in the approved development preliminary plan.
(d) The payment of all fees required by this title and other titles of the village code.
(6) Action by Plan Commission.
(a) Evaluation. Within sixty (60) days following the filing of an application for approval of a final plan, the Plan Commission will with such aid and advice of such village staff and consultants as may be appropriate, review and act on the plan. This review will consider:
i. Whether the final plan is in substantial conformity with the approved development preliminary plan;
ii. The merit or lack of merit of any departure of the final plan from substantial conformity with the approved development preliminary plan;
iii. Whether the final plan complies with any and all conditions imposed by the approval of the development preliminary plan; and
iv. Whether the final plan complies with the provisions of this title and all other applicable federal, state, and village codes, ordinances, and regulations.
(b) Approval Based on Substantial Conformity. If the Plan Commission finds substantial conformity between the final plan and the approved development preliminary plan and further finds the final plan to be in all other respects complete and in compliance with any and all conditions imposed by approval of the development preliminary plan and with the provisions of this title and all other applicable federal, state, and village codes, ordinances, and regulations, it shall transmit the plan to the Village Board with its recommendation, in the form specified in subsection 9-6-1
C.2.d. of this chapter, that the Village Board approve the final plan, with or without modifications and conditions to be accepted by the applicant as a condition of approval.
(c) Recommendation of Denial. In any case where the Plan Commission finds that the final plan is not in substantial conformity with the approved development preliminary plan and does not merit approval, or in any case where it requires modifications of a plan that are not accepted by the applicant, the Plan Commission will transmit the plan to the Village Board together with its recommendation and specific reasons in support of its recommendation, in the form specified in subsection 9-6-1
C.2.d. of this chapter, that the final plan not be approved.
(d) Failure to Act. The failure of the Plan Commission to act within the sixty (60)-day period specified in subsection 9-6-5
C.4.e(6)(a) of this section, or such further time to which the applicant may agree, will be deemed to be a recommendation to the Village Board to approve the final plan as submitted.
(7) Action by Village Board. Within sixty (60) days following the receipt of the recommendation of the Plan Commission, or its failure to act as above provided, the Village Board shall take action in accordance with the following paragraphs:
(a) Approval Based on Substantial Conformity. If the Plan Commission has recommended approval of a final plan pursuant to subsection 9-6-5
C.4.e.(6)(b) of this chapter, the Village Board will, unless it specifically rejects one (1) or more of the findings of the Plan Commission on the basis of expressly stated reasons, approve the final plan by a duly adopted ordinance.
(b) Approval Notwithstanding Plan Commission Recommendation of Denial. If the Plan Commission has recommended denial of a final plan pursuant to subsection 9-6-5
C.4.e.(6)(c) of this chapter, the Village Board may, if it finds that the final plan merits approval and otherwise conforms to the requirements of this title, approve the final plan by a duly adopted ordinance.
(c) Referral Back to Planning and Zoning Commission. In any case other than that specified in subsection 9-6-5
C.4.e.(6)(c), the Village Board may refer the final plan back to the Plan Commission for further consideration of specified matters.
(d) Conditions on Final Plan Approval. The approval of any final plan may, in addition, be granted by the Village Board, with or without modifications and conditions to be accepted by the applicant as a condition of approval.
(e) Failure to Act. The failure of the Village Board to act within sixty (60)-days, or such further time to which the applicant may agree, will be deemed to be a decision denying final plan approval.
(8) Recording of Final Plan. When a final plan is approved, the village clerk will cause the final plan, or the portions thereof as are appropriate, to be recorded with the County Recorder of Deeds where the property is situated, at the applicant’s expense.
(9) Limitation on Final Plan Approval. Construction must commence in accordance with the approved final plan within one year after the final plan approval, or within such shorter time as may be established by the approved development schedule. Failure to commence construction within this period will, unless an extension of time has been granted by the Village Board pursuant to subsection 9-6-1
B.12. of this chapter, automatically render void the final plan approval and all approvals of the planned development and all permits based on such approvals, and the Village Board will, without further direction, initiate an appropriate application to revoke the special use permit for all portions of the planned development that have not yet been completed. The special use permit will be revoked by ordinance duly adopted by the Village Board, and the village clerk will cause the ordinance, or the portions thereof as are appropriate, to be recorded with the in the County Recorder of Deeds where the property is situated, at the expense of the owner or operator of the uses or lots in question.
(10) Building and Other Permits. Upon final plan approval, but not before, appropriate officials of the village may, upon proper application by the applicant, issue building and other permits to the applicant for the development, construction, and other work in the area encompassed by the approved final plan; provided however, that no permit will be issued unless the appropriate official is first satisfied that the requirements of any codes, ordinances, rule, or regulation of the village, in addition to this title, that are applicable to the permit sought have been satisfied. Building permits may, however, be withheld at the discretion of the Village Board or appropriate village official at any time it is determined that the development of the planned development is not proceeding in strict compliance with the approved final plan.
5. Standards for Planned Developments.
a. Special Use Permit Standards. No special use permit for a planned development will be recommended or granted pursuant to this section unless the applicant establishes that the proposed planned development will meet each of the standards made applicable to special uses pursuant to subsection 9-6-5
B.5.
b. Additional Standards for All Planned Developments. No special use permit for a planned development will be recommended or granted unless the applicant establishes that the proposed planned development will meet each of the following additional standards:
(1) Unified Ownership Required. The entire property proposed for planned development treatment is in single ownership or under unified control to ensure that the entire property will be developed as a unified whole. All owners of the property will be included as joint applicants on all applications and all approvals will bind all owners. The violation of any owner as to any tract will be deemed a violation as to all owners and all tracts.
(2) Minimum Area. Unless a specific standard is set, the applicant will have the burden of establishing that the property is of sufficient size and shape to be planned and developed as a unified whole capable of meeting the objectives for which planned developments may be established pursuant to this section.
(3) Covenants and Restrictions to be Enforceable by Village. All covenants, deed restrictions, easements, and similar restrictions to be recorded in connection with the planned development will provide that they may not be modified, removed, or released without the express consent of the Village Board and that they may be enforced by the village as well as by future landowners within the proposed planned development.
(4) Public Open Space and Contributions. Whenever the comprehensive plan or official map indicates that development of a planned development will create a need for land for public purposes of the village within the proposed planned development, the Village Board may require that such area be designated and to the extent such need is specifically and uniquely attributable to the proposed planned development, dedicated to the village for such use. In addition, the Village Board may require evidence that all requirements of village ordinances pertaining to the dedication of land or the contribution of cash in connection with subdivisions or developments of land have been met as respects the proposed planned development.
(5) Common Open Space.
(a) Amount, Location, and Use. The failure of a planned development to provide common open space shall be considered to be an indication that it has not satisfied the objectives for which planned developments may be approved pursuant to this section. When common open space is provided in a planned development, the amount and location of open space will be consistent with its intended function as set forth in the application and planned development plans. No open space will be used for the construction of any structure or improvement except such structures and improvements as may be approved in the final plan as appropriate to the intended leisure and recreational uses for which the open space is intended.
(b) Preservation. Adequate safeguards, including recorded covenants or dedication of development rights, will be provided to prevent the subsequent use of common open space for any use, structure, improvement, or development other than that shown on the approved final plan. The restrictions must be permanent and not for a given period of years, and must run with the land.
(c) Ownership and Maintenance. The final plan will include such provisions for the ownership and maintenance of open space and improvements as are reasonably necessary to ensure their continuity, care, conservation, maintenance, and operation in accordance with predetermined standards and to ensure that remedial measures will be available to the village if such open space or improvements are permitted to deteriorate or are not maintained in a condition consistent with the best interests of the planned development or the village.
(d) Property Owners’ Association. When the requirements of subsection 9-6-5
C.5.b.(5)(c) of this chapter are to be satisfied by the ownership or maintenance of such open space or improvements by a property owners’ association, the association must meet each of the following standards:
i. The by-laws and rules of the association and all declarations, covenants, and restrictions to be recorded must be approved as part of the final plan prior to becoming effective. Each document will provide that it will not be amended in any manner that would result in it being in violation of the requirements of this subparagraph.
ii. The association must be established and all covenants and restrictions recorded prior to the sale of any property within the area of the planned development designated to have the exclusive use of the proposed open space or improvements.
iii. The association must be responsible for casualty and liability insurance, taxes, and the maintenance of the open space and improvements to be deeded to it.
iv. Membership in the association must be mandatory for each property owner, and any successive owner, having a right to the use or enjoyment of such open space or improvements.
v. Every property having a right to the use of enjoyment of such open space or improvements must pay its pro rata share of the cost of the association by means of an assessment to be levied by the association that meets the requirements for becoming a lien on the property in accordance with statutes of the State of Illinois.
vi. The association must have the right to adjust the assessment to meet changed needs. The membership vote required to authorize such lean shall not be fixed at more than fifty-one percent (51%) of the members voting on the issue.
vii. The Village must be given the right to enforce the covenants.
viii. The Village must be given the right, after ten (10) days’ written notice to the association, to perform any maintenance or repair work that the association has neglected to perform, to assess the membership for such work and to have a lien against the property of any member failing to pay such assessment. For this purpose alone, the Village will have all the rights and powers of the association and its governing body under the agreements and declarations creating the association.
ix. The association may not be dissolved without notice to the zoning official and consent of the Village Board.
(6) Landscaping and Perimeter Treatment. Any area of a planned development not used for structures or circulation elements shall be landscaped or otherwise improved. The perimeter of the planned development shall be treated so as to ensure compatibility with surrounding uses by means such as provision of compatible uses and structures; setbacks; screening; or natural or manmade buffers. Every planned development shall provide a perimeter landscaped open space along each of its boundaries; each such open space shall have a minimum depth equal to the minimum applicable yard required in the district in which it is located.
(7) Private Streets. Private streets may be permitted in a planned development provided that:
(a) The streets are treated as public streets and rights of way for purposes of all setbacks, yards, and calculations under this title;
(b) Said streets shall be owned and maintained by a property owners’ association meeting the requirements set forth in subsection 9-6-5
C.5.b.(5)(d) of this chapter; and
(c) A covenant shall be recorded against the property acknowledging that the village will at no time be under any obligation to provide maintenance for or accept dedication of the streets.
(8) Utilities. All utility lines shall be installed underground.
(9) Additional Standards for Specific Planned Developments. Where the district regulations authorizing any planned development use in a particular district impose additional standards to be met by a planned development in that district, a special use permit for such development will not be recommended or granted unless the applicant establishes compliance with these additional standards.
6. Conditions on Planned Development Approvals. The approval of either a development preliminary plan or a final plan may be conditioned on such matters as the approving body may find necessary to prevent or minimize any possible adverse effects of the proposed planned development; or to ensure its compatibility with surrounding uses and development and its consistency with the general purposes, goals, and objectives of this title, title 10 of the village code, and the comprehensive plan. Such conditions shall be expressly set forth in the ordinance or resolution granting the approval in question. Violation of any such condition or limitation shall be a violation of this title and shall constitute grounds for revocation of all approvals granted for the planned development.
7. Affidavit of Compliance with Conditions; Fee. Whenever any planned development approval granted pursuant to this section is made subject to conditions or limitations to be met by the applicant, the applicant will, upon meeting such conditions, file an unconditional agreement and consent with the Village Clerk acknowledging and agreeing to these conditions and limitations. The unconditional agreement and consent will be accompanied by a non-refundable fee, to be fixed in each case by the Village Board, to recover the village’s actual direct cost of an inspection to verify that such conditions and limitations have been met.
8. Regulation During and Following Completion of Development. Following final plan approval, in the event of an express conflict between the provisions of the final plan and this title, the final plan will control. This title will control in all other instances.
9. Inspections During Development.
a. Inspections by Village Board. Following approval of the final plan of a planned development, or any stage thereof, the Village Board will, at least annually until the completion of development, review all permits issued and construction undertaken and compare actual development with the approved plans for development and with the approved development schedule.
b. Action by Village Board. If the Village Board finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the final plan, the Village Board will immediately notify the owner or applicant of such fact and may, if necessary to protect the public health, safety, or welfare or to prevent further violation of this title and the final plan, issue an order stopping any and all work on the planned development until such time as any noncompliance is cured.
c. Action by Village Board. Within sixty (60)-days following notification by the Village Board, the Village Board will either:
(1) Take such steps as it deems necessary to compel compliance with the final plan; or
(2) Require the owner or applicant to seek an amendment to the final plan as provided in subsection 9-6-5
C.10.a. of this chapter.
10. Amendments to Final Plan During Development
a. Minor Amendment. During the development of a planned development, the Zoning Officer may authorize minor amendments to the final plan when such amendments appear necessary in light of the technical or engineering considerations first discovered during actual development. Such minor amendments will be consistent with the intent and purpose of this title and the final plan as approved, will be the minimum necessary to overcome the particular difficulty and shall not be approved if they would result in a violation of any standard or requirement of this title. Such minor amendments will be limited to the following:
(1) Altering the location of any one structure or group of structures by not more than five feet (5') or one-fourth (1/4) of the distance shown on the approved final plan between such structure or structures and any other structure or any vehicular circulation element or any boundary of the planned development, whichever is less;
(2) Altering the location of any circulation element by not more than five feet (5') or one-fourth (1/4) of the distance shown on the approved final plan between such circulation element and any structure, whichever is less;
(3) Altering the location of any open space by not more than twenty feet (20');
(4) Altering any final grade by not more than ten percent (10%) of the originally planned grade; and
(5) Altering the location or type of landscaping elements;
(6) Altering the location of aboveground service facilities;
(7) Changes to building facades;
(8) The installation of emergency warning sirens;
(9) Alterations to, or the installation of, fencing;
(10) The installation of private generators, compressors, condensers, storage tanks, and similar equipment;
(11) Alterations to approved landscaping plans;
(12) Alterations to approved signage;
(13) Installation of or alterations to refuse disposal areas, rooftop mechanicals, traffic control gates, security guard shelters, and sidewalks; and
(14) An alteration in the approved development schedule or phasing plan.
b. Major Amendment. Any changes to the final plan not authorized by subsection 9-6-5
C.10.a. will be considered to a major amendment and will be granted only upon application to and approval by, the Village Board. The Village Board may, by ordinance duly adopted, grant approval for a major change without a hearing upon finding that any changes in the final plan as approved will be in substantial conformity with said final plan. If the Village Board determines that a major change is not in substantial conformity with the final plan as approved, then the Village Board may refer the request to the Plan Commission for further hearing, review, and recommendation.
11. Amendments to Final Plan Following Completion of Development. After completion of a planned development, an approved final plan may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this section for approval of the planned development. (Ord. 2024-6, 3-7-2024)