Board of Trustees — Skokie, IL
Date: 2013-09-03

TUESDAY, SEPTEMBER 3, 2013 – 8:00 P.M.

 1. Pledge of Allegiance led by Cub Scout Pack #85 from Middleton School.

 2. Call meeting to order and roll call.

 3. Approve Consent Agenda.

* 4. Approve, as submitted, minutes of regular meeting held Monday, August 19, 2013.

* 5. Approve Voucher List #8-FY14 of September 3, 2013.

* 6. Proclamations and Resolutions.
 A. Proclamation:
 National Preparedness Month – September 2013

 7. Recognition, Awards and Honorary Presentations.

* 8. Appointments, Reappointments and Resignations.

 9. Presentations and Reports.
 A. Skokie Big Brothers Big Sisters Program 2012-2013, presented by Maureen Murphy,
 Human Services Director and Jeremy Foster, Senior Vice President - Development,
 Big Brothers Big Sisters of Metropolitan Chicago.

 10. Report of the Village Manager.
 A. TIF Bond Issue.
 B. Exterior Rehab Program Grant for 8050 Lincoln Avenue/5109-5115 Brown Street.
 * C. Custom Bus Shelters for Downtown Skokie – Daytech Limited, Toronto, ON -
 $70,970.
 * D. Bid Report – 2013 Non-Arterial Street Resurfacing Program II – Arrow Road
 Construction Co., Mt. Prospect, IL - $1,118,470.

 11. Report of the Corporation Counsel.
 CONSENT:
 * A. An ordinance granting a special use permit to establish and operate a bank with a
 three lane drive-through at 3636 Touhy Avenue in a B2 Commercial district and
 repealing Village Ordinance Numbers 12-5-Z-3901 and 12-5-Z-3902. This item is on
 the consent agenda for second reading and adoption.
 * B. An ordinance vacating various unopened and unimproved residential public alleys
 within an area bounded by Payne Street on the north, Tripp Avenue on the east, Golf
 Road on the south and Kildare Avenue on the west in an R1 Single-Family district.
 This item is on the consent agenda for second reading and adoption.
 * C. An ordinance vacating various unopened and unimproved residential public alleys
 within an area bounded by Payne Street on the north, Crawford Avenue on the east,
 Golf Road on the south and Keystone Avenue on the west in an R1 Single-Family
 and B2 Commercial district. This item is on the consent agenda for second reading
 and adoption.
 D. A resolution approving and authorizing a Landscape Agreement between the Village
 of Skokie and AT&T pertaining to landscaping and other costs for placement of
 AT&T VRAD facilities on public rights-of-way within the Village.

 12. Unfinished Business.


AR:lg 435686
 13. New Business.
 A. Request for an executive session in accordance with paragraph 2(c)(1) of the Illinois
 Open Meetings Act, a closed session is requested and to adjourn therefrom.

 14. Plan Commission.
 A. Plan Commission Case 2011-11P – Zoning Chapter Amendment: Article I. In
 General and Article II. Administration and Enforcement

 15. Citizen Comments.

 16. Adjournment.




AR:lg 435686
 WHEREAS, the month of September 2013, has been declared National Preparedness Month,
 which is part of a nationwide effort held each September; and

 WHEREAS, the goal of the tenth annual National Preparedness Month is to increase public
 awareness about the importance of preparing for emergencies and to encourage individuals to take
 action; and

 WHEREAS, it is understood that no community is truly prepared for a disaster until every
individual, family, and business takes personal responsibility for preparedness; and

 WHEREAS, the U.S. Department of Homeland Security, through its Ready campaign and
Citizens Corps program, works with a wide variety of organizations, including local, state, and federal
government agencies and the private sector, to highlight the importance of emergency preparedness and
to promote individual involvement through events and activities across the nation; and

 WHEREAS, all Americans need to take some simple steps to prepare for emergencies,
including making a family emergency plan, getting an emergency supply kit, being informed about local
threats,and getting involved in preparing their communities; and

 WHEREAS, the flooding, previous record and near-record snowfall, straight-line winds, and
tornadoes that affected the State of Illinois and our region, illustrate the potential devastation to
communities and highlight the importance of preplanning disaster response and sheltering operations
and actions;

 NOW, THEREFORE, I, GEORGE VAN DUSEN, Mayor of the Village of Skokie do hereby
proclaim the month of September, 2013 as,


 “NATIONAL PREPAREDNESS MONTH”


and urge all in our community and throughout the country to be aware of the need for emergency
preparedness and to encourage citizens of Skokie to join with citizens across the nation to ensure a
community of citizens who are disaster aware and disaster prepared.

 Passed this 3rd day of September 2013


 __________________________________________________
 George Van Dusen
 Mayor

_______________________________
Pramod Shah
Village Clerk




435338v1 National Preparedness Month - Proclamation
PLAN COMMISSION REPORT 2011-11P: Chapter Amendment
Community Development Department Council Chambers, 8:00 PM, September 3, 2012


To: Mayor and Board of Trustees
From: Paul Luke, Chairman, Skokie Plan Commission
Case: 2011-11P: Zoning Chapter Amendment
 Comprehensive revision and reorganization of Article I. In General and
 Article II. Administration and Enforcement


PLAN COMMISSION ANALYSIS
At its August 15, 2013 meeting, the Plan Commission reviewed proposed regulations to
begin restructuring and modernizing the Zoning chapter from the beginning. The full
Staff report is attached for your review. To summarize, the proposed changes:
 1. Replace the first 7 sections of the chapter with 4 new sections and a separate
 article for definitions.
 2. Authorize a “Zoning Official”, who will be a member of staff, and defines the
 official’s authority
 3. Merge the Plan Commission and ZBA sections into the administration
 requirements.
 4. Give responsibility for sign variances that do not need to otherwise be heard by
 the Plan Commission to the ZBA.
 5. Give responsibility to hear appeals of staff interpretations and decisions to the
 ZBA.
 6. Eliminate the remaining two exception permits, side yard BBQs & air conditioning
 condensers and placement of swimming pools, with a directive for staff to write
 rules to accommodate air conditioners and pools in a later case if necessary.
 7. Update & clarify the findings of fact for the different types of cases.
 8. Change the "5 ayes" rule to allow a majority of the Commissioners to make a
 decision.
 9. Clarify & update the submittal and notice procedures, including allowing personal
 notice by regular mail with an affidavit attesting that the letters were sent.
 10. Crate a new article for planned developments.
 11. Reorganize the sections that pertain to things that are nonconforming
Other than general clarifications, some of the Commissioners had some concerns about
what would happen if someone claimed to not have received proper personal notice.
When researching for this case, the trend is to move to personal notice by regular mail.
Currently, Skokie requires certified mail. The petitioner still will need to provide an
affidavit attesting that notice was sent to the taxpayers of record within 250 feet and
occupants of the subject site. Staff will still review this list prior to the Plan Commission
meeting.

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The Commission asked Staff to find out of the experience of other towns that use
regular mail and report our findings to the Village Board.
Staff contacted Evanston, Lincolnwood, and Wilmette, all of which have regular mail
personal notice.
 A staffperson in Evanston stated that in his 26 years, a claim of not receiving notice has not
 happened. By law, the hearing could be continued; however, there would be no way to
 prove/disprove receipt of the notice. The City of Evanston does the mailings themselves.
 Lincolnwood started sending SUP, variation, and PUD notifications via regular mail
 approximately 2 years ago. Staff does the mailings and the cost is included in the base
 application fee. When people have said that they didn't receive a mailing, she shows them the
 mailing list of the properties within 250 feet, and the issue doesn't go any further.
 Wilmette has used regular mail for SUPs and variations for a couple of years. Wilmette provides
 the PIN list and the petitioner sends the mailings (this is Skokie’s procedure, too). No problems
 have been reported. Wilmette stated that a reason for switching to regular mail was that people
 did not accept the certified mail because they thought it would be bad news from the Village.

If the Village Board accepts the Plan Commission recommendations, a sign variance fee
and fee to extend the action of the Plan Commission or ZBA beyond 180 days from the
decision will need to be established in the fees section of the Village Code. Also,
Corporation Counsel will need to review the appropriate locations in the Village Code
regarding denials of variances and amend the procedures in the Village Code, if
necessary, as well as the Signs Chapter for necessary amendments to allow the ZBA to
hear variances.


INTERESTED PARTIES
Legal notice was properly advertised as prescribed by the zoning chapter. No
interested party spoke about this case.


PLAN COMMISSION RECOMMENDATION AND VOTING
The Plan Commission recommends, by a vote of 8 ayes, 0 nays, and 1 Commissioner
absent, to amend sections of Chapter 118 Zoning of the Skokie Village Code, with text
to be added highlighted and text to be deleted highlighted and stricken through, as
presented in staff report for this case.


ATTACHMENTS
 1. Minutes for Plan Commission meeting for 2011-11P
 2. Staff Report for case 2011-11P, dated August 15, 2013.




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 Plan Commission Meeting Minutes
 Date: August 15, 2013

Chairman Luke introduced a new commissioner; Bob Quane. He was welcomed by all. A
motion to approve the minutes from the 7/18/13 meeting was made by Commissioner Berman.
All voted aye.


Case Description
2011-11P – Zoning Chapter Amendment: Article I. In General and Article II.
 Administration and Enforcement
The Planning Division requests a comprehensive revision and reorganization of Article I. In
General and Article II. Administration and Enforcement of Chapter 118. Zoning of the Skokie
Village Code and any sections that might be affected by these changes. The subject matter may
include, but not be limited to, existing buildings, and uses, enforcement and interpretation of the
chapter, the duties and procedures for the Plan Commission and Zoning Board of Appeals, and
definitions.
Discussion and Interested Parties
Staff requested that the 61 page report be accepted into the record. Steve Marciani, Planning
Supervisor, summarized the main points to be revised.
The Zoning Ordinance has been amended so many times due to court case outcomes, zoning
changes and updates that it is time for reorganization. This is the beginning of a total re-write of
the Zoning Ordinance.
The administration section deals with the responsibilities of the Plan Commission, the Zoning
Board of Appeals, and staff. The Plan Commission sets and implements policies and the Zoning
Board of Appeals will hear appeals to regulations and interpretations including sign relief. Text
amendments will still be under the purview of the Plan Commission as they are often times tied
to other cases.
A commissioner asked for clarification of the “zoning official” and court reporter. Staff
explained that it is any staff person that has been designated as such; not a specific person.
Another commissioner asked for an explanation of a Modified Review process versus a full
hearing before the Plan Commission. Staff stated that if the Plan Commission has already heard
a case previously and minor things change, a determination is made by the Plan Commission
chairman, Community Development director, and Corporation Counsel whether the intent of the
regulations are still met; if so, then the request is brought directly to the Village Board for an
abbreviated hearing.


Another issue discussed was the elimination of the exception permit. It was created as a means
of less scrutiny than a variance over fences, BBQs, A/C condensers and swimming pool
locations. The number of ZBA cases has diminished greatly since regulations were relaxed last
year allowing 5-ft tall fences in any style with no option for relief. The current guidelines
regarding A/C condensers do not apply anymore due to the wide variety of A/C units available
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which are much quieter and more efficient. New rules need to be written for their placement.
Regulations on swimming pool locations are not even in the zoning chapter so staff will be
drafting rules at a later date.
Attention has been given to updating and clarifying the Findings of Fact. A ruling in favor or not
will be more clear-cut as there will be up to 10 items to base a decision on depending on the type
of case heard.
Another important issue discussed was the 5 affirmative votes rule. Staff is proposing to keeping
the quorum at 5 members however, allowing the majority vote of commissioners as the decision.
According to Corporation Counsel, sometimes the ZBA had difficulty achieving a full
complement of 9 for meetings. To require 5 affirmative votes when the total of voting members
was 6 was a hardship to petitioners as they were given a choice to hear the case anyway or
postpone to a future meeting.
A commissioner inquired how that would impact the Open Meetings Act. (More than 2 people
cannot discuss the issue outside of the meeting). Staff stated that a quorum of 5 would still be
needed to hold the meeting, and it should not affect the Open Meetings Act.
Staff also mentioned that notice procedures have also been examined. With Skokie’s density,
sending notice by certified mail with return receipt ($6.11 each letter) to property owners within
250 feet of a subject site is financially burdensome. Signs are posted, meetings are advertised,
and agendas are listed on the web site. Staff is requesting that personal notice with the petitioner
signing an affidavit be the method of notification. Staff will still supply an aerial map and verify
the petitioner’s list to make sure it is complete. The director stated that the notice method has
changed over the years as far as distance and procedures. He offered 2 older cases as examples
of incomplete personal notification where Corporation Counsel was called upon to make a
decision.
A commissioner asked what other towns are doing if someone challenges that notice wasn’t
received in sufficient amount of time to prepare a response. It was suggested that staff should
check into that scenario and include their discoveries into the Plan Commission report. Another
commissioner suggested if there is a notice challenge, the case should just be continued.
The last item that was summarized was the Planned Development ordinance. It was written for
residential developments; mostly multi-family housing (condos). The section has been re-written
removing the tables and now includes flat densities. The Plan Commissioners will have more
flexibility on design. If a development was across multiple zones, a re-zoning of property must
take place 1st. With this change, a development could now be looked at as one complete
package.
Staff noted that some administrative changes might still be forthcoming in the Sign Chapter
which will be taken up with the Village Board.
A commissioner asked what the time table is for moving forward on this re-write. Staff
answered that this part is ready to go to the Village Board after this meeting.


Recommendation and Voting


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The Plan Commission concurred with staff recommendations and made a motion to approve the
case. Notice issues will be resolved in the Plan Commission report. The vote was 8 ayes, 0 nays
and 1 commissioner absent.


Motion: Berman Second: Paradise Absent: Burman

Ayes: 8
Nays: 0




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STAFF REPORT 2011-11P: Zoning Chapter Amendment
Community Development Department Council Chambers, 7:30 PM, August 15, 2013




To: Paul Luke, Chairman, Skokie Plan Commission
From: Steve Marciani, Planning Supervisor
 Brian J. Augustine, Zoning Administrator
Case: 2011-11P: Zoning Chapter Amendment
 Comprehensive revision and reorganization of Article I. In General and
 Article II. Administration and Enforcement


 General Information
 Petitioner The Village of Skokie
 Purpose Comprehensive revision and reorganization of Article I. In
 General and Article II. Administration and
 Enforcement of the Chapter 118. Zoning of the Skokie
 Village Code and any other sections that might be affected by
 these changes. The subject matter may include, but not be
 limited to, existing buildings and uses, enforcement and
 interpretation of the chapter, the duties and procedures for
 the Plan Commission and Zoning Board of Appeals, and
 definitions.

STAFF ANALYSIS
In a continuing effort to modernize and simplify the Zoning chapter, Staff has begun to
review the organization of the Zoning chapter of the Skokie Village Code. This case
covers the existing Article I, In General, and Article II, Administration and Enforcement.
Other portions of the chapter affected by these changes include portions of Article III,
District Regulations, that generally discuss uses and planned developments and Article
V, Nonconforming Buildings, Structures, Uses, and Lots.
It is Staff’s intention to continue this process to the other sections of the chapter as
needed. Staff’s recommendations and changes are annotated to the right of the
existing and proposed text.
The attached recommendations include annotations explaining the nature of the
changes. Highlights include:
 1. Replacing the first 7 sections of the chapter with 4 new sections and a separate
 article for definitions.
 2. Authorizing a “Zoning Official”, who will be a member of staff, and defines the
 official’s authority
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 3. Merging the Plan Commission and ZBA sections into the administration
 requirements.
 4. Giving responsibility for sign variances that do not need to otherwise be heard by
 the Plan Commission to the ZBA.
 5. Giving responsibility to hear appeals of staff interpretations and decisions to the
 ZBA.
 6. Eliminating the remaining two exception permits, side yard BBQs & air
 conditioning condensers and placement of swimming pools, with a directive for
 staff to write rules to accommodate air conditioners and pools in a later case if
 the Plan Commission sees fit.
 7. Updating & clarifying the findings of fact for the different types of cases
 8. Changing the "5 ayes" rule to allow a majority of the Commissioners to make a
 decision.
 9. Clarifying & updating the submittal and notice procedures, including allowing
 personal notice by regular mail with an affidavit attesting that the letters were
 sent.
 10. A New article for planned developments.
 11. Reorganizing the sections that pertain to things that are nonconforming
The Plan Commission will continue to set long range plans and implement the
development of those plans. The ZBA will continue to decide when those rules can be
broken, hear appeals of interpretation decisions, and now have specific findings that
must be made with set limits on what they may not hear.
The current planned development section was written almost exclusively for residential
developments. The new planned development article grants the Plan Commission the
authority to have much greater flexibility within certain guidelines for the arrangement
of buildings, required yards, and design requirements and specifically grants the power
to ask for public goods.
Staff has done its best to propose a new start to the zoning chapter that makes it
clearer and easier to use, while keeping elements from the existing ordinance that are
specific to Skokie.
If the Village Board accepts the recommendations below, a sign variance fee and fee to
extend the action of the Plan Commission or ZBA beyond 180 days from the decision
will need to be established in the fees section of the Village Code. Also, Corporation
Counsel will need to review the appropriate location in the Village Code regarding
denials of variances and amend the procedures in the Village Code, if necessary.


STAFF RECOMMENDATION
Staff recommends that the attached sections of Chapter 118 Zoning of the Skokie
Village Code be amended, with text to be added highlighted and text to be deleted
highlighted and stricken through.

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ARTICLE I. IN GENERAL
Sec. 118-1. Comprehensive amendment of zoning ordinance of 1946. In 118‐1(a) Title.
 The ordinance known as the "Zoning Ordinance" passed by the Mayor and Board
of Trustees of the Village on May 7, 1946, and approved by the Mayor on May 7, 1946,
and all amendments and additions thereto, are hereby comprehensively amended,
except as provided in this chapter.
Sec. 118-2. Title of chapter.
 This chapter shall be known as the "Zoning Ordinance of 1964," and cited and In 118‐1(a) Title.
referred to as "The Skokie Zoning Ordinance."
Sec. 118-3. Purpose of chapter. In 118‐1(b) Intent.
 This chapter is adopted for the purposes of:
 (1) Promoting and protecting the public health, safety, comfort, morals,
 convenience and general welfare;
 (2) Securing adequate natural light, pure air and safety from fire and other
 dangers;
 (3) Conserving the taxable value of land and buildings; and
 (4) Enhancing aesthetic values generally throughout the Village.


Sec. 118-4. Standards and objectives of chapter. In 118‐1(c) Scope.
 To these ends stated in Section 118-3, this chapter is intended to accomplish
certain standards and objectives by:
 (1) Dividing the entire Village into districts and restricting and regulating
 therein the location and construction of structures and land, whether for
 residential, business, industrial or other specified uses.
 (2) Avoiding or lessening congestion in the public streets.
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 (3) Preventing the overcrowding of land through regulating and limiting the
 height and bulk of buildings hereafter erected as related to land area.
 (4) Establishing, regulating and limiting the building or setbacks on or along
 streets, alleys or property lines.
 (5) Regulating and limiting the intensity of the use of lot areas, and regulating
 and determining the area of open spaces within and surrounding such
 buildings.
 (6) Establishing standards to which buildings or structures therein shall
 conform.
 (7) Prohibiting uses, buildings, or structures incompatible with the character
 of the residential, mixed-use, business, or industrial districts.
 (8) Preventing additions to and alterations or remodeling of existing buildings
 or structures in such a way as to avoid the restrictions and limitations
 imposed under this chapter.
 (9) Providing for the acquisition of any buildings or structures which do not
 conform to the standards fixed by the Village.
 (10) Defining and limiting the powers and duties of the administrative officers
 and bodies as provided in this chapter.
 (11) Prescribing penalties for the violation of the provisions of this chapter, or
 any amendment thereto; and providing for the gradual elimination of
 those uses, buildings and structures which are incompatible with the
 character of the districts in which they are located, including, without
 being limited thereto:
 a. Elimination of such uses of unimproved lands or lots when the
 existing rights of the persons in possession thereof are terminated,
 or when the uses to which they are devoted are discontinued;


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 b. Elimination of uses to which such buildings and structures are
 devoted, if they are adaptable for permitted uses; and
 c. Elimination of such buildings and structures when they are
 destroyed, or damaged in major part as provided in this chapter, or
 when they have reached the age fixed in this chapter as the normal
 useful life of such buildings or structures.


Sec. 118-5. Definitions. [renumber and move section in whole to Sec. 118-
32]
…
Sec. 118-6. Interpretation of chapter.
(a) The provisions of this chapter shall be held to be the minimum requirements for In 118‐1(c) Scope.
 the promotion and protection of the public health, safety, morals, welfare and
 convenience.
(b) Where there is a conflict between this chapter and any other law, ordinance, In 118‐1(c) Scope.
 resolution, rule or regulation of any kind, the regulations which are more
 restrictive or which impose higher standards or requirements shall govern.
(c) This chapter is not intended to abrogate any easement, covenant or other In 118‐1(c) Scope.
 private agreement; provided that, where the regulations of this chapter are more
 restrictive or impose higher standards or requirements than such easements,
 covenants or other private agreements, the requirements of this chapter shall
 govern.
(d) No building, structure or use not lawfully existing at the time of the adoption of
 the ordinance from which this chapter is derived shall become or be made lawful
 In 118‐3(a) General & (e)
 solely by reason of the adoption of this chapter; to the extent that such unlawful
 Illegal uses.
 building, structure or use is in conflict with the requirements of this chapter, such
 building, structure or use remains unlawful under this chapter.

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Sec. 118-7. Severability.
The several provisions of this chapter are separable, in accordance with the following:
 (1) If any court of competent jurisdiction shall adjudge any provisions of this
 chapter to be invalid, such judgment shall not affect any other provision of In 118‐1(c) Scope.
 this chapter not specifically included in such judgment; and
 (2) If any court of competent jurisdiction shall adjudge invalid the application
 of any provision of this chapter to a particular property, building or Legal Department feels
 structure, such judgment shall not affect the application of such provision that this section is not
 to any other property, building or structure not specifically included in necessary.
 such judgment.
…
ARTICLE I. ADMINISTRATION
Sec. 118-1. General.
(a) Title. This chapter may also be referred to as the “Zoning Ordinance.”
(b) Intent. The purpose of this chapter is to safeguard public health and welfare
 and to conserve the value of property by controlling the design, location, use, or
 occupancy of all buildings and structures through the regulated and orderly
 development of land and land uses within the Village. It is intended to benefit
 the public as a whole and not any specific person or class of persons. This
 chapter fulfills this intent by:
 (1) Determining the methods and procedures to implement and enforce this
 chapter, including, but not limited to, when site plan approval and planned
 developments are required and providing variations or relief from its
 requirements.
 (2) Considering the existing and future development or use of land in the
 Village under the guidance of the Comprehensive Plan.
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 (3) Dividing the entire Village into districts, revising those districts as
 necessary, and defining and restricting uses allowed in those districts.
 (4) Restricting and regulating the location of buildings and structures on a lot
 or lots, including height and bulk, setbacks from property lines or other
 buildings or structures, the amount of open space, and the intensity of
 use.
 (5) Establishing standards for certain improvements such as building design
 and the amounts and locations of required landscaping and parking in a
 way that is compatible with the intended use of the zoning district.
(c) Scope. The provisions of this code shall apply to the construction, addition,
 alteration, moving, repair, and use of any building, structure, parcel of land, sign,
 or public rights-of-way within the Village. These provisions do not apply to
 towers, poles, and equipment of a public utility.
 Where, in any specific case, different sections of this code specify different
 requirements, the more restrictive shall govern. Where there is a conflict
 between a general requirement and a specific requirement, the specific
 requirement shall be applicable. Although not intended to abrogate any
 easement, covenant, or other private agreement, the requirements of this
 chapter shall govern whenever the regulations of this chapter are more
 restrictive or impose higher standards or requirements.
 Through the implementation, administration, and enforcement of this
 chapter, benefits and detriments may be enjoyed or suffered by specific
 individuals, which is merely a byproduct of the overall benefit to the whole
 community.
 If any portion of this code is held invalid for any reason, the remaining
 herein shall not be affected.


Sec. 118-2. Fees.
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 A fee for services may be charged, and a schedule of fees is available in the
Community Development Department.


Sec. 118-3. Compliance with the chapter.
 Upon adoption of this code by the Village Board, no use, building, or structure,
whether publicly or privately owned, shall be constructed or authorized until the
location or extent thereof conforms to this code.


Sec. 118-4. Existing buildings and uses.
(a) General. Lawfully established buildings and uses in existence at the time of
 adoption of this chapter, or any subsequent change to this chapter, are
 permitted to have their existing use or occupancy continued, except when it is
 contrary to public health and welfare.
(b) Additions, alterations, or repairs. Additions, alterations, or repairs are permitted
 to be made to any building without requiring the existing building to comply with
 the requirements of this chapter, provided the addition, alteration, or repair
 conforms to the provisions of this chapter.
(c) Maintenance. All buildings or parcels of land must be maintained by the owner.
 To determine compliance with this section, the Zoning Official is permitted to
 inspect any building or parcel of land.
(d) Moved or temporary buildings, structures, and uses. Buildings, structures, or
 uses moved into or within the Village must comply with the provisions of this
 chapter.
 Temporary buildings, structures, and uses for the protection of the public
 are permitted, provided an approval is received from the Zoning Official, for a
 limited period of time and completely removed upon the expiration of the time
 limit stated on the permit.
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(e) Illegal uses. Uses that were illegally established prior to the adoption of this
 chapter remain illegal, unless otherwise made legal.


Sec. 118-5. Duties and powers of the Zoning Official.
(a) General. This section establishes the duties and responsibilities for the Zoning
 Official, designated by the Village Manager. The Zoning Official and/or designee
 is referred to herein as “the Zoning Official.”
(b) Designees. The Zoning Official may designate other employees as may be
 necessary to carry out the functions of this chapter.
(c) Reviews and approvals. The Zoning Official is authorized to undertake reviews,
 make recommendations, conduct inspections, grant approvals, and any other
 duties necessary to implement or enforce this chapter. All approvals must be in
 writing by the Zoning Official.
(d) Comprehensive Plan. The Zoning Official assists the Plan Commission in the
 development and implementation of the Comprehensive Plan.
(e) Administrative actions. The Zoning Official receives and reviews for
 completeness applications, submittals, and requests, including any plans and all
 data necessary to show that the requirements of this chapter are met, and
 distribute those submittals for review and action to the appropriate body for:
 (1) Building permits.
 (2) Certificates of occupancy.
 (3) Plan Commission, Zoning Board of Appeals, and Appearance Commission
 cases, including amendments to cases previously heard.
 (4) Modified review of site plan approvals, special use permits, and certain
 plats of subdivisions or dedications.


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 (5) Zoning verification letters of the status of the conformance of the
 buildings, structures, and uses on the requested lot.
 (6) Determinations of the specific use of a lot and whether the use is a
 permitted, special, accessory, or restricted in that zoning district.
 (7) Other plan reviews as needed.
(f) Enforcement actions. The Zoning Official enforces compliance with the
 requirements of this chapter.
(g) Interpretations. The Zoning Official interprets and applies the provisions of this
 chapter.
(h) Liability. The Zoning Official, acting in good faith in the discharge of the duties
 described in this chapter, is not personally liable for any damage that may accrue
 to persons or property as a result of an act or by reason of an act or omission in
 the discharge of such duties.
 This chapter shall not be construed to relieve from or lessen the responsibility of
 any person other than the Zoning Official for damage or injury to any person or
 property in relation to any building or parcel of land by reason of the reviews or
 permits issued under this chapter.


Sec. 118-6. Plan Commission.
(a) General. This section addresses the duties and responsibilities of the Plan
 Commission and other officials and agencies with respect to the administration of
 this chapter.
(b) Establishment of the Commission. The establishment of the Plan Commission,
 herein referred to as “the Commission” shall be in accordance with the policies
 and procedures set forth in this code.
(c) Commission reporter. A reporter to assist the Commission shall be appointed by
 the Zoning Official. The reporter keeps records of the Commission meetings for
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 public record and conducts all correspondence, including the notification of
 decisions. The reporter shall prepare and submit the minutes of the Commission
 meetings to the chairperson and the Commission for approval.
(d) Recommendations to the Village Board. The Commission, after holding public
 hearings, has the duty to make recommendations, including any conditions of
 approval, to the Village Board in the following areas:
 (1) Comprehensive Plan. Developing, periodically reviewing, and amending a
 Comprehensive Plan for the present and future development and
 redevelopment of the Village.
 (2) Chapter amendments. Periodically reviewing and recommending
 amendments to the Zoning chapter, in accordance with the guidelines of
 the Comprehensive Plan and the Subdivisions chapter of this code.
 (3) Zoning map amendments. Amending boundaries of zoning districts on the
 zoning map.
 (4) Subdivisions. Reviewing and offering recommendations for all subdivisions
 4 acres or greater in area or in conjunction with a special use permit or
 site plan approval.
 (5) Dedications. Reviewing the dedication of any new street or alley and any
 addition to existing rights-of-way when considered in conjunction with a
 special use permit, site plan approval, or a subdivision that is subject to
 review by the Commission.
 (6) Zoning chapter relief. Recommending relief from those allowable
 variations listed in Section 118-7 in conjunction with special use permit or
 site plan approval.
 (7) Subdivisions chapter relief. Recommending relief from the subdivision
 layout requirements for sites 4 acres or greater or when the development
 for which the subdivision is requested requires a planned development.

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 (8) Site plan approvals. Reviewing and offering recommendations on
 proposed site plans for permitted uses that require site plan approval to
 ensure that district regulations are met and to maintain a high quality of
 development. The Commission shall also review site plans for decorative
 fence locations at nonresidential permitted uses in all residential districts,
 except for fences at schools, public parks, governmental uses, and public
 utilities that are required for the protection of the public.
 (9) Special use permits. Reviewing and offering recommendations on
 proposed special uses that, because of their potential adverse impact
 upon the immediate neighborhood and the Village as a whole, require a
 greater degree of scrutiny and review of site characteristics, operation of
 the use, and impacts to determine their suitability in a given location.
 (10) Vacations. Reviewing the vacation of any public street or alley.
 Compensation is to be determined by the Village Board.
(e) Determination of off-street parking requirements. The Commission determines The Village Board will no
 the off-street parking requirements for uses that specifically require a longer have to approve a
 commission determination. The Commission is the final hearing body in these parking determination.
 cases.
(f) Special use permit review findings of fact. Each request for a special use permit New, concise findings.
 must be consistent with the following findings of fact:
 Replaces 118‐33(2)
 (1) The request is consistent with the intent of the Comprehensive Plan.
 (2) The request will not adversely affect adjacent properties.
 (3) The request is compatible with the existing or allowable uses of adjacent
 properties.
 (4) The request demonstrates that adequate pubic facilities, including roads,
 drainage, utilities, and police and fire protection exist or will exist to serve
 the requested use at the time such facilities are needed.

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 (5) The request demonstrates adequate provision for maintenance and use of
 the associated structures.
 (6) The request has considered and, to the degree possible, addressed the
 adverse effects on the natural environment.
 (7) The request will not create undue traffic congestion.
 (8) The request will not adversely affect public health, safety, and welfare.
 (9) The request conforms to all applicable provisions of this code, except
 where relief is granted with the request.
(g) Site plan approval review findings of fact. Consideration of each request for site New, concise findings.
 plan approval must be confined solely to the site plan characteristics, not based Replaces 118‐33(4)
 upon the characteristics of the proposed use, and consistent with the following
 findings of fact:
 (1) The request is harmonious with and does not adversely affect adjacent
 properties.
 (2) The request can demonstrate that adequate pubic facilities, including
 roads, drainage, utilities, and police and fire protection exist or will exist to
 serve the requested use at the time such facilities are needed.
 (3) The request demonstrates adequate provision for maintenance of the
 associated structures.
 (4) The request has considered and, to the degree possible, addressed the
 adverse effects on the natural environment.
 (5) The request will not create undue traffic congestion.
 (6) The request will not adversely affect public health, safety, and welfare.
 (7) The request conforms to all applicable provisions of this code, except
 where relief is granted with the request.


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(h) Zoning map amendments findings of fact. Each request for a zoning map
 amendment must be made with respect to the following findings of fact: New, concise findings.
 Replaces 118‐33(5)
 (1) The map amendment is consistent with the Comprehensive Plan or
 development trends in the area that have taken place since the affected
 property was placed in the present zoning district.
 (2) After identifying the existing uses and zoning districts in the area, the
 property in question is more suitable for the uses allowed under proposed
 zoning district than the existing zoning district.
(i) Appeals and hearings. Any person with standing aggrieved by any decision of
 the Commission shall have the right to make such appeals as shall be permitted
 by this chapter or state law. Such appeals shall be based on the record.
(j) Written report. After the Plan Commission has made its recommendation on a Replaces 118‐32(c)(3) and
 case and once all of the necessary conditions are met by the applicant, the Plan allows for additional time
 Commission shall send a written report with its recommendation to the Village when the petitioner has
 within 120 days. not complied with
 recommended conditions.

Sec. 118-7. Zoning Board of Appeals.
(a) General. This section addresses the duties and responsibilities of the Zoning
 Board of Appeals, hereafter referred to as “the ZBA,” and other officials and
 agencies, with respect to the administration of this chapter.
(b) Establishment of the ZBA. The establishment of the ZBA shall be in accordance
 with the policies and procedures set forth in this code.
(c) ZBA reporter. A reporter to assist the ZBA shall be appointed by the Zoning
 Official. The reporter keeps records of the ZBA meetings for public record and
 conducts all correspondence, including the notification of decisions. The reporter
 shall prepare and submit the minutes of the ZBA meetings to the chairperson
 and the ZBA for approval.

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(d) Duties and powers.
 (1) Variances. The ZBA hears and decides appeals to the terms of this
 chapter. Limitations as to the ZBA’s authorization are set forth in this
 chapter.
 a. Location and size of accessory buildings and structures within
 permitted yards.
 b. Height of a building or structure provided that a certificate of
 appropriateness has been issued by the Appearance Commission.
 c. Spacing between congregate living facilities.
 d. Land coverage, floor area ratio, or impermeable surface ratios.
 e. Size of all required yards and the placement of buildings or
 structures therein.
 f. Number of required off-street motor vehicle or bicycle parking Bicycle parking is now
 spaces. included
 g. Reduction in the setback requirement for landscaping in business
 districts along arterial streets, Main Street, or Howard Street,
 provided that the project would not be economically feasible but for
 the variance or that other design features are substituted for the
 landscaping that have been approved by the Appearance
 Commission.
 h. Parking certain commercial vehicles in residential districts.
 i. Requirements in the Signs chapter of this code. ZBA can hear sign relief
 without needing an SUP or
 j. Reducing a required minimum lot area, lot width, or required side SPA.
 yard to build a detached residence on a substandard buildable lot
 of record in a residential district established prior to 1947, provided j. replaces 118‐31(a)(1)g.
 it meets all the other requirements of this chapter. The owner shall
 provide with the application for a variance a survey of the lot by a
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 duly licensed land surveyor and the portion of the adjacent lots
 including the distance between the side lot line and the nearest
 part of the buildings or structures thereon.
 (2) Appeals to administrative decisions. The ZBA hears and decides appeals New power of the ZBA, as
 where it is alleged that there is an error in any order, requirement,
 provided for in 118‐5(g)
 decision, determination, or interpretation by the Zoning Official.
 (3) Variance review findings of fact. The ZBA is permitted to approve, New clear and concise
 approve with conditions, or deny a request for variance. Each request for findings.
 a variance must be consistent with the following findings of fact:
 a. Limitation on the use of the property due to physical,
 topographical, and geologic features.
 b. The applicant can demonstrate that without a variance there can
 be no reasonable use of the property.
 c. The grant of the variance is not based solely on economic reasons.
 d. The necessity for the variance was not created by the property
 owner.
 e. The variance requested is the minimum variance necessary to allow
 reasonable use of the property.
 f. The grant of the variance will not be injurious to the public health,
 safety, or welfare.
 g. The property subject to the variance request possesses one or
 more unique characteristics generally not applicable to similarly
 situated properties.
 (4) Additional findings of fact for parking certain commercial vehicles in
 residential districts. In addition to the findings of fact for variances, a
 request for parking certain commercial vehicles in residential districts must
 also be consistent with the following findings of fact:
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 a. The petitioner's business or occupation is of a nature requiring the
 usage of the vehicle upon demand at irregular hours for reasons of
 public necessity.
 b. Alternative, possible parking sites are not available.
 c. Screening of the vehicle can be provided.
 (5) Additional findings of fact for building on a substandard lot. In addition to
 Replaces 118‐31(a)(1)g.2.i.
 the findings of fact for variances, a request to build on a substandard lot
 through 118‐31(a)(1)g.2.v.
 must also consistent with the following findings of fact:
 a. The subject lot is not abutting a vacant lot on either side held
 under common ownership at any time after the year 1946.
 b. The subject lot is not abutting an improved lot of record which has
 1’ or more of an abutting side yard in excess of the minimum
 required side yard for the district in which the building or structure
 is located, which additional side yard land could physically be
 added to the applicant's lot to increase its width or area.
 c. The subject lot is not owned and has not been owned directly or
 indirectly or by a nominee of any person, firm, corporation or trust,
 or by an officer, shareholder, director, partner, beneficiary, agent
 or person related by blood or marriage or by any predecessors in
 title, who also held or holds any right, title or interest, directly or
 indirectly, in the applicant's lot after the year 1946 to the date of
 application for a building permit.
 d. The contiguous lots are not owned and have not been owned
 directly or indirectly or by a nominee of any person, firm,
 corporation or trust, or by an officer, shareholder, director, partner,
 beneficiary, agent or person related by blood or marriage or by any
 predecessors in title, who also held or holds any right, title or
 interest, directly or indirectly, in the applicant's lot after the year
 1946 to the date of application for a building permit.
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 e. The subject lot was not used as part of a single or common
 homesite by or with the consent of the same interests, which
 owned or controlled an abutting lot after the year 1946 to the date
 of application for a building permit.
(e) Limits to powers.
 1. The ZBA is prohibited from granting a variance for the following items: All of the things that the
 ZBA cannot do are now
 a. Any term of this chapter that is specifically prohibited by this
 together in one place.
 chapter.
 b. Any term of the chapter related to a B4, B6, H1, or OR zoning
 district.
 c. Establishing a use in a zoning district that is not allowed.
 d. Any provisions or conditions of any ordinance providing for a
 special use permit or site plan approval.
 e. Allowing a front yard fence or increase to fence height.
 f. Reducing the number of required off-street motor vehicle parking
 spaces in zoning districts where a cash distribution to a parking
 fund is required in lieu of parking spaces.
 g. Allowing parking of a commercial vehicle in a residential district in
 any yard that has a State license in excess of the "B" classification
 or 8,000 pounds gross weight, in any front yard, for more than 1
 vehicle per residence, when the only purpose is to provide
 transportation to and from the applicant's place of employment, or
 on any nonconforming lot.
 h. Reducing a required side yard to less than 10% of the lot width on
 a substandard lot.
 i. Any requirement of the Signs chapter that has not been first
 endorsed by the Appearance Commission.
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 2. The ZBA may only recommend to the Village Board to grant or deny a
 variance for the following items:
 a. A building or structure height exceeding 10% of the existing
 applicable zoning district height regulation.
 b. A reduction in the spacing between congregate living facilities by
 more than 10% of the applicable requirement.
 b. To allow vehicle parking in the front yard in an industrial district.
 c. To allow required off-street vehicle parking in the front yard or side
 yard abutting a street in a residential district.
 The Village Board will grant or deny the petitioner’s request.
(f) Decisions. The ZBA is permitted to decide in any manner it sees fit. The ZBA
 also may require conditions upon the premises that reduce or minimize the
 injurious effect of the request upon other property in the neighborhood and
 implement the general purpose and intent of this chapter. In interpreting and
 applying the provisions of this chapter, the conditions must be in the spirit and
 intent of the chapter and not constitute granting of a special privilege.


Sec. 118-8. Hearings, appeals, and modified reviews.
(a) Hearings.
 (1) Notice. Upon receipt of an application in proper form, the Zoning Official
 shall arrange to advertise the time and place of the public hearing. Such
 advertisement shall be given by at least one publication in a newspaper of Replaces filing in 118‐34(a)
 general circulation within the jurisdiction. Such notice shall state the and (b) and notice
 nature of the request, the location of the property, and the time and place requirements in 118‐34(c).
 of the hearing. Personal notice must be given by regular mail of the time Much simpler language.
 and place of hearing to each property owners of as ascertained by the Regular mail notice rather
 most recent available property tax records available to the public by the than certified mail.
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 Cook County Assessor's Office, of all lots, or buildings lying in whole or
 part within 250 feet of the property lines of the subject property and all
 tenants, occupants, and property owners on the subject property. The
 petitioner must file an affidavit with the Zoning Official containing a
 complete list of the names and last known addresses of all persons served
 proper notice pursuant to this section. The notice shall be delivered by
 certified mail, properly addressed not more than 45 days nor less than 15
 days prior to the hearing. A notice of such hearing shall be posted in a
 conspicuous manner on the subject property. All notices shall be
 advertised, posted, or sent not more than 45 days nor less than 15 days
 prior to the hearing.
 (2) Continuance of case. The Commission or ZBA will hold at least 1 public
 hearing on the proposed case, but may continue the hearing to a date
 certain without further notice being given except by public announcement
 at the meeting and being placed in the meeting minutes.
(b) Appeals. New procedures for
 (1) Interpretations by the Zoning Official. Any person with standing, appeals of administrative
 aggrieved, or affected by any interpretation of the Zoning Official may decisions and PC and ZBA
 request in writing an appeal of the decision or interpretation to the ZBA, decisions replacing 118‐
 who, unless otherwise provided, is authorized to interpret the chapter, 31(c).
 and such interpretation is considered final.
 (2) Plan Commission or ZBA. An applicant who has received an adverse final
 decision from the Commission or ZBA may request in writing a review of
 the decision to the Corporation Counsel. The Corporation Counsel,
 Director of Community Development, and chairperson of the Commission
 or ZBA that made the decision will review each request and make a
 recommendation to the Village Board.
 (3) Time limit. An appeal must be filed no later than 10 working days after
 the decision is rendered or else the appeal cannot be considered. If such
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 an appeal is not made, the decision of the Zoning Official, Commission, or
 ZBA shall be considered final.
 (4) Stays of proceedings. An appeal stays all proceedings from further action
 unless there is immediate danger to public health and safety.
(c) Modified review. Certain amendments to existing special use permits and site Replaces 118‐34(f)
 plan approvals may be eligible to bypass the Commission and be heard directly
 be the Village Board. The petitioner must request in writing to the Zoning
 Official the request for the modified review with a list of all items that are being
 modified from the originally granted ordinance and any other supporting
 documentation. The community development director, commission chairperson,
 and corporation counsel will review the request and must unanimously find that
 the proposed modifications are in substantial compliance with and do not change
 the intent of the original special use permit or site plan approval and send a
 memorandum to the Village Board with its findings and any other
 recommendations. If the request is granted, the Village Board will make a
 finding that the requested amendment is in substantial compliance with the
 original special use permit or site plan approval ordinance.
(d) Voting and notice of decision. There shall be a vote of a majority of the The PC and ZB now just
 Commission or ZBA present in order to decide any matter under consideration. need a majority of
 Each decision shall be entered into the minutes by the reporter. All appeals shall members, rather than 5 in
 be kept in accordance with the state regulations and such appeals shall be open agreement, to approve or
 to the public. deny a case.
 Notice in writing of the decision and the disposition of each appeal shall
 be given to the Zoning Official and each petitioner by mail or otherwise.
(e) Reapplication. No application for a variance, special use permit, or site plan Replaces 118‐31(b)(6) and
 approval that has been denied wholly or in part shall be resubmitted for a period 118‐32(d)(6)
 of 6 months from the date of denial.
(f) Inaction of the Village Board. If an application for a proposed request is not
 acted upon within 6 months of the date upon which a recommendation of the Moved from 118‐32(d)(2)
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 Commission or ZBA is received by the Village Board, it shall be deemed to have
 been denied.


Sec. 118-9. Violations.
 It shall be unlawful for any person to erect, construct, enlarge, alter, repair, New section strengthening
move, improve, remove, convert or demolish, equip, use, occupy, or maintain any our ability to enforce.
building or land or cause or permit that same to be done in violation of this code.
When any building or parcel or land regulated by this chapter is being used contrary to
this code, the Zoning Official shall be permitted to order such use discontinued and the
structure, parcel of land, or portion thereof, vacated by notice served on any person
causing such use to be continued. Such person shall discontinue the use within the
time prescribed by the Zoning Official after receipt of such notice to make the structure,
parcel of land, or portions thereof, comply with the requirements of this chapter.


Sec. 118-10. Permits and approvals.
(a) General. All departments, officials, and employees that are charged with the
 duty or authority to issue permits or approvals shall issue no permit or approval
 for uses or purposes where the same would be in conflict with this chapter. Any
 permit or approval, if issued in conflict with this chapter, shall be null and void.
(b) Expiration and cancellation. Each final action granted by the Commission, ZBA, This is much shorter than
 or Village Board expires after 180 days from the passage of ordinance or the 18 months currently
 approval of the final decision by the granting body if building permits have not given in 118‐31(b)(3), 118‐
 been submitted, work is undertaken, or such use or activity is not established, 32(d)(3), and 118‐32(d)(4).
 unless a different time of issuance is allowed in the ordinance or decision, or Terms are also different.
 unless an extension is granted by the granting body prior to expiration. However, this will help
 A use with a special use permit that ceases to operate for a period of 6 with applicant being totally
 months is automatically null and void and of no further force or effect. prepared prior to making
 applications and holding
 public hearings and reduce
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 Failure to comply fully with the terms of any permit, license, or approval is
 grounds for cancellation or revocation. Action to cancel any license, permit, or
 approval shall be permitted to be taken on proper grounds by the Zoning Official.
 Cancellation of a permit or approval by the Commission or ZBA shall be
 permitted to be appealed in the same manner as its original action.
(c) Validity of licenses, permits, and approvals. For the issuance of any license,
 permit or approval for which the Commission or ZBA is responsible, the Zoning
 Official shall require that the development or use in question proceed only in
 accordance with the terms of such license, permit, or approval, including any
 requirements or conditions established as a condition of issuance. Except as
 specifically provided for in this chapter and conditions of approval, the securing
 of one required review or approval shall not exempt the recipient from the
 necessity of securing any other required review or approval.
…
ARTICLE II. ADMINISTRATION AND ENFORCEMENT
Sec. 118-31. Powers of Zoning Board of Appeals; variations and exceptions;
 review of orders and decisions of Director of Community
 Development.
(a) Variations and exceptions. The Zoning Board of Appeals shall hear and decide
 the following types of variation and exception permit cases, excluding any
 provisions or conditions of any ordinance providing for a special use permit or
 site plan approval, or for any lot in the B4 Regional Shopping, B6 Downtown In 118‐7(e) Limits to power.
 Science and Technology, H1 Hospital, and OR Office Research districts.
 (1) Variations. Variations in 118‐7(d)(1)
 a. Accessory buildings and structures. A variation may be granted for Variances or (e) Limits to
 the location and size within permitted yards. However, the Zoning power.
 Board of Appeals shall have no authority to grant a variation to
 allow a front yard fence or for fence height.

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 b. Building height. A variation may be granted for the height of a
 permitted building or structure, provided that a certificate of
 appropriateness has been issued by the Appearance Commission. A
 building or structure shall not exceed 10 percent of the existing
 applicable height regulation of the zoning district in which the
 subject site is located, except that any action recommending
 granting or denying a height variation in excess of 10 percent of
 the existing applicable height regulation shall be subject to
 approval and concurrence by the Village Board.
 c. Land coverage, floor area ratio and/or impermeable surface. A
 variation may be granted for increases above the limitations set
 forth in Article III of this chapter.
 d. Yards.
 1. A variation may be granted for a reduction in the size of all
 required yards or the location of buildings or structures
 therein.
 2. Any action recommending granting or denying a petition
 relating to parking in the front yard in an industrial district or
 a petition relating to allowing parking in the front yard or
 side yard abutting a street in a residential district to
 constitute the legal parking required by this chapter shall be
 subject to approval and concurrence by the Village Board.
 e. Off-street parking. A variation may be granted for decreases in the
 requirements set forth in Article IV of this chapter. No variation
 reducing the number of required off-street motor vehicle parking
 spaces shall be granted in zoning districts where a cash distribution
 to a parking fund is required in lieu of parking spaces.
 f. Commercial vehicle parking. A variation may be granted to allow
 the parking of commercial vehicles in residential districts prohibited
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 by Article IV of this chapter. Variation from the regulations in
 Article IV of this chapter may be granted subject to the following
 prohibitions:
 1. Prohibited variations. No variation shall be granted:
 i. For a vehicle having State license in excess of the "B"
 classification or 8,000 pounds gross weight.
 ii. To permit parking in primary or secondary front yards
 or in side yards.
 iii. For more than 1 vehicle per residence.
 iv. Where the only purpose is to provide transportation
 to and from the applicant's place of employment.
 v. Where the lot is a substandard lot in a residential
 zone.
 2. Factors. Factors shall be as follows:
 i. The petitioner's business or occupation is of a nature
 requiring the usage of the vehicle upon demand at
 irregular hours for reasons of public necessity.
 ii. Alternative, possible parking sites are not available.
 iii. Screening for the truck can be provided.
 3. Decision. The Zoning Board of Appeals may require such In 118‐7(f) Decisions and
 conditions and restrictions, including, but not limited to, applied to all actions of the
 screening and landscaping, and routes of ingress and ZBA
 egress, upon the premises benefited by the variation as may
 be necessary to reduce or minimize the injurious effect of
 such variation upon other property in the neighborhood and
 to implement the general purpose and intent of this chapter.

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 g. Substandard lots.
 1. A buildable lot of record in a residential district at the
 effective date of the ordinance from which this chapter is
 derived which is unable to meet the requirements of this
 chapter as to area, width or side yard may be used for any
 permitted residential use in the district, provided it shall
 meet all the other requirements of this chapter, with the
 following additional requirements: The owner shall furnish,
 with the application for a building permit, a survey by a duly
 licensed land surveyor, showing the lot upon which the
 applicant proposes to erect any permitted residential use in
 the district and also showing a portion of the lots on either
 side of the lot including the width of the abutting side yards
 to the nearest part of the buildings or structures thereon.
 2. The Zoning Board of Appeals shall order the issuance of a
 permit for erecting a building for any permitted residential
 use in the district on the subject lot upon compliance with all
 applicable codes, ordinances, statutes, rules and regulations,
 with each required side yard reduced to not less than 10
 percent of the width of the lot. The Zoning Board of Appeals
 shall have no authority to hear a petition for a variation if
 the subject lot does not meet all of the following
 requirements:
 i. The subject lot is not abutting a vacant lot on either
 side held under common ownership at any time after
 the year 1946;
 ii. The subject lot is not abutting an improved lot of
 record which has 1 foot or more of an abutting side
 yard in excess of the minimum required side yard for
 the district in which the building or structure is
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 located, which additional side yard land could
 physically be added to the applicant's lot to increase
 its width or area;
 iii. The subject lot is not owned and has not been owned
 directly or indirectly or by a nominee of any person,
 firm, corporation or trust, or by an officer,
 shareholder, director, partner, beneficiary, agent or
 person related by blood or marriage or by any
 predecessors in title, who also held or holds any right,
 title or interest, directly or indirectly, in the applicant's
 lot after the year 1946 to the date of application for a
 building permit;
 iv. The contiguous lots are not owned and have not been
 owned directly or indirectly or by a nominee of any
 person, firm, corporation or trust, or by an officer,
 shareholder, director, partner, beneficiary, agent or
 person related by blood or marriage or by any
 predecessors in title, who also held or holds any right,
 title or interest, directly or indirectly, in the applicant's
 lot after the year 1946 to the date of application for a
 building permit; and
 v. The subject lot was not used as part of a single or
 common homesite by or with the consent of the same
 interests, which owned or controlled an abutting lot
 after the year 1946 to the date of application for a
 building permit.
 h. Landscape yard. A variation may be granted for relief from the
 In 118‐7(d)(1)g.
 setback requirements for landscaping in business districts along
 arterial streets, Main Street, or Howard Street, provided that the
 project would not be economically feasible but for the variance or
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 In 118‐7(d)(1)c.
 that other design features are substituted for the landscaping that
 has been approved by the Appearance Commission.
 i. Spacing between congregate living facilities. The spacing between
 congregate living facilities shall not be reduced by more than 10
 percent of the existing applicable requirement, except that any
 action recommending granting or denying a spacing variation in
 excess of 10 percent of the applicable requirement shall be subject
 to approval and concurrence by the Village Board.
 (2) Exceptions.
 a. An exception may be granted for permanently installed barbecues, Exception permits are
 relating to requirements in required yards. being removed completely.
 b. An exception may be granted for air conditioning units and There has been no ZBA
 condensers in required yards and within the 10-foot setback case for a barbecue in over
 requirement. 10 years. Rules will be
 written to accommodate
 c. An exception may be granted for swimming pools within the 8-foot
 air conditioners and pools
 setback requirement of Chapter 22, Article VIII [of Volume I of the
 in a later case if the Plan
 Skokie Village Code], but not within the required side yard.
 Commission sees fit.
(b) Decisions.
 (1) All final findings and decisions of the Zoning Board of Appeals on
 authorized variations or exceptions shall be in accordance with regulations Not necessary
 of this chapter and the Illinois Compiled Statutes, and are subject to
 judicial review in accordance with regulations set forth in the Illinois
 Compiled Statutes.
 (2) A concurring vote of a majority of those members present at the meeting In 118‐8(d) Voting and
 with a minimum of 5 concurring votes shall be required to grant or deny a notice of decision
 variation or exception permit request.
 (3) Any variation or exception permit shall be valid for a period of 18 months Replaced by 118‐10(b)
 only, unless a building permit or an occupancy certificate, whichever is
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 required, is obtained within such period, in which event the variation or
 exception permit shall remain in effect during the period of the use.
 (4) The Zoning Board of Appeals may require such conditions and restrictions In 118‐7(f) Decisions
 upon the premises as may be necessary to reduce or minimize the
 injurious effect of such variation or exception permit upon other property
 in the neighborhood and to implement the general purpose and intent of
 this chapter.
 (5) Upon the denial of a request for a variation or exception permit where
 We do not record denials
 work has been started prior to the issuance of a building permit, or for
 work performed in violation or in excess of a legally issued building
 permit, the Village of Skokie shall file with the Recorder of Deeds of Cook
 County, Illinois a notice of denial, which notice shall state the nature of
 the zoning and/or building code violations, that a variation or exception
 was applied for and denied and that the construction must be removed or
 be in compliance with all Village Code regulations.
 (6) No request for a variation or exception permit, which has been denied In 118‐10(e)
 wholly or in part, shall be resubmitted for a period of 6 months from the
 date of denial.
(c) Review from administrative orders and decisions of Director of Community
 Modified and combined
 Development.
 into 118‐8(b)
 (1) An applicant who has received an adverse decision from the Director of
 Community Development or from an administrative order may request a
 review of such decision, in writing, to the Corporation Counsel or the
 Director of Community Development.
 (2) The Corporation Counsel, the Zoning Board of Appeals chairperson, and
 the Director of Community Development shall review each request and
 make a recommendation to the Village Board.


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 (3) The Village Board shall review each recommendation. If the administrative
 order and decision is reversed, the applicant shall be allowed to proceed
 accordingly.


Sec. 118-32. Recommendations and determinations by Plan Commission.
(a) Recommendations to Mayor and Board of Trustees. The Plan Commission shall,
 after public hearings, make recommendations to the Mayor and Board of In 118‐6(d)
 Trustees in the following areas: Recommendations to the
 (1) Amendments to chapter. Zoning Ordinance amendments, including Village Board. Except, text
 periodic review of and recommending changes to any section of the amendments are moving
 Zoning Ordinance (this chapter). to the ZB.

 (2) Amendment to Zoning Map. Zoning Map amendments, including changing
 the zoning classification of land, changing district boundaries, and creating
 new zoning districts.
 (3) Comprehensive Plan. Develop plans for the present and future
 development and redevelopment of the Village, including periodic review
 of and recommending changes to the Comprehensive Plan.
 (4) Dedications. Review the dedication of any new street or alley. Additions to
 existing rights-of-way do not require Plan Commission approval unless
 considered in conjunction with a special use permit, site plan approval, or
 a subdivision that is subject to review by the Plan Commission.
 (5) Relief from the provisions of the Zoning Ordinance. Recommend relief
 from those allowable variations and exceptions listed in Section 118-31 for
 special use permit and site plan approval cases.
 (6) Sign Code relief. Review and offer recommendations on requested relief
 from the Sign Code as contained in Chapter 82 for developments on sites
 under the site plan approval or planned development process. The Plan
 Commission shall not have the authority to recommend the granting of
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 relief for signs that have not been endorsed for aesthetics by the
 Appearance Commission.
 (7) Site plan approvals. Review and offer recommendations on proposed site
 plans for permitted uses that require site plan approval to ensure that
 district regulations are met and to maintain a high quality of development.
 The Plan Commission shall also review site plans for decorative fence
 locations at nonresidential permitted uses in all residential districts, except
 for fences at schools, public parks, governmental uses, and public utilities
 that are required for the protection of the public.
 (8) Special use permits. Review and offer recommendations on proposed
 special uses that, because of their potential adverse impact upon the
 immediate neighborhood and the Village as a whole, require a greater
 degree of scrutiny and review of site characteristics, operation of the use,
 and impacts to determine their suitability in a given location.
 (9) Subdivisions. Review and offer recommendations for all subdivisions 4
 acres or greater in area or in conjunction with a special use permit or site
 plan approval. Establish standards of design for subdivisions of
 unimproved and redeveloped land, including reasonable requirements for
 public streets, alleys, and ways for public service facilities. Make
 recommendations to the Mayor and Board of Trustees on requests for
 relief from the subdivision layout requirements for sites 4 acres or greater,
 when the development for which the subdivision is requested requires a
 planned development.
 (10) Vacations. Review the vacation of any public street or alley. Compensation
 is to be determined by the Mayor and Board of Trustees.
(b) Determination of off-street parking requirements. The Plan Commission shall In 118‐6(d)
 make a determination of the off-street parking requirements for uses listed in Recommendations to the
 Article IV of this chapter that specifically require a Plan Commission Village Board.

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 determination. The Plan Commission shall be a final hearing body in these cases,
 unless site plan approval or a special use permit is required.
(c) Action by Plan Commission.
 (1) All findings and decisions of the Plan Commission shall be subject to final
 In 118‐6(d) & (e)
 review and approval by the Mayor and Board of Trustees, except for off-
 street parking determinations as defined in subsection (b) of this section.
 Recommendations to grant amendments to the Zoning Map, site plan
 approvals, and special use permits shall be made upon the adoption of
 findings of fact. All other cases do not require adoption of findings of fact.
 (2) A concurring vote of a majority of those members present at the meeting, In 118‐8(d)
 with a minimum of 5 concurring votes, shall be required to recommend
 granting or denying.
 In 118‐6(j)
 (3) The Plan Commission shall send a written report to the Mayor and Board
 of Trustees within 120 days after the close of the hearing on a case, with
 its recommendations.
(d) Action by Mayor and Board of Trustees.
 (1) The Mayor and Board of Trustees, upon receiving the recommendations of Not necessary.
 the Plan Commission, may grant or deny any proposed request in
 accordance with applicable provisions of the Illinois Compiled Statutes, or
 may refer it back to the Plan Commission for further consideration.
 (2) If an application for a proposed request is not acted upon finally by the Moved to 118‐8(f)
 Mayor and Board of Trustees within 6 months of the date upon which
 such recommendation of the Plan Commission is received by the Mayor
 and Board of Trustees, it shall be deemed to have been denied.
 (3) Within 18 months after the date of the adoption of an ordinance for a
 special use permit or site plan approval covering a specific lot or lots, the Replaced by 118‐10(b)
 holder or assignee of the permit or approval must either: A) apply for a
 building permit; or B) when a building permit is not required, commence a
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 use approved by the adopted ordinance on the specific lot or lots. If
 neither of the above enumerated conditions of this subsection has been
 met, then, without further action by the Mayor and Board of Trustees, the
 ordinance shall automatically be null and void and of no further force and
 effect.
 (4) A use with a special use permit that ceases to operate for a period of 6
 months shall automatically be null and void and of no further force or
 effect.
 (5) In all cases granting special use permits or site plan approval, the Mayor
 None of this is necessary.
 and Board of Trustees shall require such evidence and assurances as it
 may deem necessary to guarantee the conditions stipulated being
 complied with and carried out, including, but not limited to, written
 conditions, as part of the special use permit or site plan approval
 ordinance, that such ordinance will be recorded at the petitioner's expense
 in the office of the County Recorder of Deeds, that a copy of such
 ordinance shall be displayed under glass in a conspicuous location on the
 special use site, and that failure to comply with any and all other
 conditions of the special use permit shall be cause to revoke the permit
 and any applicable business license and certificate of occupancy as
 provided for in this Code.
 (6) No request for a special use permit or site plan approval, which has been In 118‐10(e)
 denied wholly or in part by the Board of Trustees, may not be resubmitted
 for a period of 6 months from the date of denial.
Sec. 118-33. Criteria for findings of fact.
 The Zoning Board of Appeals and the Plan Commission shall make their decisions
or recommendations based on findings of fact. A decision or recommendation of
approval of a request shall be based on a determination that each of the standards in a
finding is positive and sustainable.


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 In those instances where a variation or an exception permit request for work
started prior to the issuance of a building permit, or for work performed in violation or
in excess of a legally issued building permit, the Zoning Board of Appeals shall have the
authority to deny the petitioner's request if it determines that the petitioner and or his
agent or contractor has created the difficulty or hardship regardless of any other
determination that might be made.
 (1) Exception permits. A determination shall be made that:
 a. The construction of that which is sought by the appeal will not
 cause an adverse effect on those people entitled to notice of the
 hearing.
 b. The construction of that which is sought by the appeal will not be
 detrimental to or endanger the health, safety, morals, comfort or
 welfare of those people entitled to notice of the hearing.
 c. The construction of that which is sought by the appeal will not be
 injurious to the use and enjoyment of property of those people
 entitled to notice of the hearing for the purposes already permitted,
 or substantially diminish property values of those people entitled to
 notice of the hearing.
 d. The construction of that which is sought by the appeal will be
 compatible with abutting property.
 e. The construction sought by the appeal is necessary based upon the
 safety of residents and/or particular physical surroundings, shape,
 or topographical conditions of the property; and the denial of the
 exception permit would bring an undue hardship upon the property
 for which an exception permit is sought, as distinguished from a
 mere inconvenience for the property owner.
 (2) Special use permits. A determination shall be made that:


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 a. The establishment, maintenance or operation of the special use will
 not be detrimental to or endanger the public health, safety, morals
 or general welfare; and the proposed building or use at the
 particular location is necessary or desirable to provide a service or
 a facility which is in the public interest and will contribute to the
 general welfare of the neighborhood or community.
 b. The proposed building or use will not substantially change the
 character of the neighborhood, will not have an undue adverse
 effect upon adjacent property or property values in the
 neighborhood, will not unduly aggravate traffic conditions, and will
 not unduly burden essential public services such as drainage
 facilities, public utilities and those services pertaining to public
 health, public safety, and public welfare in general.
 c. The proposed building(s) or use will be designed, arranged, and
 operated so as to permit the development and use of neighboring
 property in accordance with the applicable district regulations.
 d. The proposed use will not alter or be contrary to the primary
 purpose of the zoning district or the area in which it is proposed,
 when its effect is considered in conjunction with the cumulative
 effect of the number of various special uses of all types already in
 the adjacent area and in the Village as a whole.
 e. The proposed use and its plan conform to the general intent of the
 official Comprehensive Plan.
 (3) Variations.
 a. A determination shall be made that:
 1. The 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.

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 2. The plight of the owner was not created by the owner and is
 due to unique circumstances.
 3. The variation, if granted, will not alter the essential
 character of the locality.
 b. For the purpose of implementing the standards set forth in
 subsection (3)a of this section, the Zoning Board of Appeals, in
 making its decision, whenever there are practical difficulties or
 particular hardship, shall also take into consideration the extent to
 which the following facts favorable to the applicant have been
 established by the evidence:
 1. The particular physical surroundings, shape or topographical
 conditions of the specific property involved would bring a
 particular hardship upon the owner, as distinguished from a
 mere inconvenience, if the regulations were strictly enforced.
 2. The conditions upon which the petition for variation is based
 would not be applicable generally to other property within
 the same zoning classification.
 3. The alleged difficulty or hardship has not been created by
 any person presently having an interest in the property or
 any person through whom the applicant claims title.
 4. The granting of the variation will not be substantially
 detrimental to the public welfare or injurious to other
 property or improvements in the neighborhood in which the
 property is located.
 5. The proposed variation will not impair an adequate supply of
 light and air to adjacent property, or substantially increase
 the danger of fire, or otherwise endanger the public safety,
 or substantially diminish or impair property values within the
 neighborhood.
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 (4) Site plan approval. Cases reviewed for site plan approval are permitted
 uses. Therefore, consideration of findings of fact for site plan approval is
 confined solely to the site plan characteristics and not based upon the
 characteristics of the proposed use.
 a. The site plan and any requested relief will not unduly aggravate
 traffic conditions nor burden public services such as drainage
 facilities, public utilities, and those services pertaining to public
 health, public safety, and public welfare in general.
 b. The site design will permit the development and use of neighboring
 properties in accordance with the applicable district regulations.
 (5) Zoning Map amendments. A determination shall be made that:
 a. The existing uses of property within the general area of the
 property in question.
 b. The zoning classification of property within the general area of the
 property in question.
 c. The suitability of the property in question to the uses permitted
 under the existing zoning classification.
 d. The trend of development, if any, in the general area of the
 property in question, including changes, if any, which have taken
 place since the day the property in question was placed in its
 present zoning classification.


Sec. 118-34. Initiation and amendment of cases.
(a) Initiation of case. Any interested person, organization, the Plan Commission, the
 Mayor and Board of Trustees, or the Village Manager or designee may propose
 amendments to the text of this chapter. Any owner of record of a lot, duly

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 authorized agent, the Plan Commission, the Mayor and Board of Trustees, or the
 Village Manager or designee may apply for all other cases.
(b) Case filing. An application for a case shall be filed with the Village Manager or
 designee on a form containing such information as required, including requested
 documents and fees.
(c) Notices. A notice form shall be provided to the petitioner by the Village showing
 the case number assigned, and the date, time, place, and purpose of the public
 hearing. The petitioner shall provide the notice form as follows:
 (1) Personal notice. The petitioner shall provide notices to property owners of
 as ascertained by the most recent available property tax records available
 to the public by the Cook County Assessor's Office, of all lots, or buildings
 lying in whole or part within 250 feet of the property lines of the subject
 property. The petitioner shall also provide notices to all tenants,
 occupants, and property owners on the subject property. The petitioner
 shall file an affidavit with the Village Manager or designee containing a
 complete list of the names and last known addresses of all persons served
 proper notice pursuant to this section. The notice shall be delivered by
 certified mail, properly addressed not more than 45 days nor less than 15
 days prior to the hearing. The petitioner shall provide to the Community
 Development Department the receipts of payment from the U.S. Postal
 Service for certified mail delivery prior to the hearing. Exceptions to this
 procedure are given for the following cases:
 a. Exception permits sought for rear and side yard locations not
 abutting a street or alley: Notice shall be given only to the
 aforementioned residents and persons to whom the real estate tax
 bills are sent of properties abutting those side and rear yard
 locations.



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 b. Vacations of alleys or streets shall require written notice to all
 property owners within 250 feet of the subject alley or street to be
 vacated.
 (2) Publication of notice. The Village Manager or designee shall publish a
 notice in a newspaper of general circulation within the Village not more
 than 30 days or less than 15 days prior to the hearing.
 (3) Posting of notice. The Village Manager or designee shall post notices on
 the property for which a case has been filed so that they are visible from
 the street and on the main entrance door of the improvement so that it is
 visible from the outside, if such an improvement exists, not more than 30
 days and not less than 10 days prior to the hearing.
 a. On an unimproved property: Placed in such a manner as to
 be visible from the street.
 b. On an improved property: Placed on the front or main
 entrance door of the improvement so as to be visible from
 the outside and placed on the lot in such a manner as to be
 visible from the street.
 (4) Additional notices. Supplemental or additional notices may be distributed,
 published, or posted as the Zoning Board of Appeals or Plan Commission
 may request from time to time.
(d) Hearing on application. Upon receipt in proper form of the application and
 statement referred to in this section, the Zoning Board of Appeals or Plan
 Commission shall hold at least 1 public hearing on the proposed case. However,
 the Zoning Board of Appeals or Plan Commission may continue the hearing from
 time to time without further notice being given except by public announcement
 at the meeting and being placed in the meeting minutes.
(e) Amending a special use permit or site plan approval. A special use permit or site
 plan approval may be amended by filing an application in conformance with this In 118‐5(e)(3)
 article, unless the case is eligible for the modified review procedure.
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(f) Modified review of special use permit and site plan approval amendments. In 118‐8(c)
 (1) The petitioner may request a modified review by submitting to the
 Community Development Director in writing a list of all items that are
 being modified from the originally granted special use permit or site plan
 approval ordinance and any other supporting documentation.
 (2) The Community Development Director, Plan Commission chairperson, and
 Corporation Counsel shall review the request to determine if it is eligible
 for the modified review procedure. The request is eligible if they
 unanimously find that the proposed modifications are in substantial
 compliance with and do not change the intent of the original special use
 permit or site plan approval.
 (3) If the request is eligible, a memorandum describing the proposed
 modification shall be sent to the Mayor and Board of Trustees that
 contains findings as to its impact and any other specific recommendations.
 (4) The Mayor and Board of Trustees shall review the request and the
 memorandum. If the amendment is granted, the Board shall make a
 finding that the requested amendment is in substantial compliance with
 the original special use permit or site plan approval ordinance.
…
ARTICLE II. DEFINITIONS
Sec. 118-31. General.
(a) Scope. Unless other otherwise expressly stated, the following words and terms
 shall, for the purpose of this chapter, have the meaning shown in this chapter.
(b) Interchangeability. Words used in the present tense include the future; words
 stated in the masculine gender include the feminine and the neuter; the singular
 number includes the plural and the plural, the singular.


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(c) Terms defined in other codes. Where terms are not defined in this code and are
 defined in the International Building Code or the International Mechanical Code,
 as amended, such terms shall have the meanings ascribed to them as in those
 codes.
(d) Terms not defined. Where terms are not defined though the methods authorized
 by this section, such terms shall have ordinarily accepted meaning such as the
 context implies.
Sec. 118-32. General definitions.
[renumber Sec. 118-5 in whole and as amended below] [accessory use, restricted use,
 review special use/conditional use definition]
…
 Nonconforming lot means a lot whose width, area, or other dimension does not
conform to the regulations of this chapter.
…
 Person means a natural person, heirs, executors, administrators, or assigns, and
includes a firm, partnership, or corporation, its or their successors or assigns, or the
agent of any of the aforesaid.
…
 Planned development means 1 or more principal buildings and 1 or more
principal uses planned and constructed as a unified development where specific
regulations of a given zoning district are modified through the issuance of a special use
permit.
 Planned development (PD) means a development guided by a total design plan
with 1 or more principal buildings or planned and constructed as a unified development
where specific regulations of the zoning district or the subdivision or sign chapters are
modified to allow flexibility and creativity in site and building design.
…
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ARTICLE III. DISTRICT REGULATIONS
…
Sec. 118-65. Exemption for utility equipment.
 The regulations of this chapter do not specify or regulate the type or location of In the last line of 118‐1(c).
any of the following: poles, towers, wires, cables, conduits, vaults, laterals or other
similar distributing equipment of a public utility as defined in the applicable State
statutes.
…
Sec. 118-66. Allowable uses and special uses. Uses.
(a) Allowable uses. Uses are allowed within the various zones as described in this
 chapter and as otherwise provided herein. Allowable uses are listed as
 permitted, special, restricted, or accessory. A comprehensive list of allowable
 uses listed in each district is presented in the table in Appendix A to this chapter.
 The following uses of land, buildings, or structures are allowed with the following
 conditions and as specified in this chapter:
 (1) Uses lawfully established and existing on March 2, 1965;
 In 118‐4(a) General.
 (2) Uses lawfully established and existing on March 2, 1965, rendered
 nonconforming by the provisions of this chapter, except for legal
 nonconforming special uses, which shall be subject to the regulations of
 Article V of this chapter; and
 (3) A comprehensive list of permitted, special, and accessory uses is
 presented in the table in Appendix A to this chapter. This table is
 incorporated into this chapter generally and into the regulations of each
 district, as appropriate, as if the uses were listed separately for each
 district. Uses marked "P" are permitted uses. Uses marked "S" are special
 uses. Uses marked "A" are accessory uses. Uses marked "R" are uses
 restricted in the district regulations or referenced sections.

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 not yet be listed in
 Appendix A.
(b) Determination of use. It is recognized that all possible uses and variations of
 uses that might arise cannot be reasonably listed in Appendix A. Any use not
 specifically listed shall be administratively classified by comparison with other
 listed uses. If the Zoning Official determines that the proposed use resembles an
 identified use in terms of intensity and character, and is not otherwise
 prohibited, it shall be considered an allowable use within that district. If a use
 does not resemble another identifiable allowable use within a district, it is not
 allowed.
 Special uses.
 (1) A classification of special uses is hereby established to provide for the
 location of certain uses specified in this chapter which are deemed
 desirable for the public welfare within a given district or districts, but
 which might have an adverse effect upon nearby properties or upon the
 character and future development of the district in which they are located.
 Procedures for special uses are set forth in Article II of this chapter.
 (2) Where a permitted use exists and is subsequently classified as a special
 use, it shall be considered as a legal nonconforming special use. Permits
 may be secured for additions or alterations to existing buildings or land
 improvements for expansion of lawful special uses in accordance with the
 procedures for special uses set forth in Article II of this chapter.
 (3) Permits may be secured for ordinary repairs to existing buildings.
 Improvements for expansion or alteration of legal nonconforming special
 uses must be in accordance with the procedures for special uses set forth
 in Article II of this chapter.
…
Sec. 118-67. Prohibited uses.
 No building or tract of land shall be devoted to any use other than one which is
specified as a permitted or special use in this article for the zoning district in which such The first part of this
building or land is located. However, where a building permit for a building or structure covered by the last line of
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 issue.
has been issued in accordance with law prior to the effective date and is being
prosecuted to completion, the building or structure may be completed in accordance
with approved plans on the basis of which the building permit was issued, and further
may, upon completion, be occupied under a certificate of occupancy by the use
originally designated, subject to the provisions of Article VI of this chapter.
…
Sec. 118-69. Compliance with applicable regulations.
 No building, structure or premises, or part thereof, shall be used or occupied, or Covered 118‐3 & 118‐4
shall be erected, raised, moved, reconstructed, extended, enlarged or altered, except in
conformance with codes, ordinances, rules and regulations.
…
Sec. 118-77. Planned development.
(a) Exceptions to use regulations. The Plan Commission may recommend and the (1) and (2) are findings
 Mayor and Board of Trustees may authorize that there be in part of the area of a (3) is in the new Sec. 118‐272(a).
 planned development, and for the duration of such development, specified uses (4) and (5) are redundant with
 not permitted by the use regulations of the district in which the development is other parts of the ordinance.
 located, provided that the Plan Commission shall find that:
 (1) The uses permitted by such exceptions are necessary or desirable and are
 appropriate with respect to the primary purpose of the development;
 (2) The uses permitted by such exception are not of such a nature or so
 located as to exercise a detrimental influence on the surrounding
 neighborhood;
 (3) Not more than 20 percent of the ground area or of the gross floor area of
 such development shall be devoted to the uses permitted by such
 exception;
 (4) In an industrial planned development, such additional uses allowed by
 exception shall conform with the performance standards of the district in
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 which the development is located, as set forth in Division 4 of this article;
 and
 (5) The use exceptions so allowed are reflected by the appropriate zoning
 district symbols and so recorded on the zoning district map.
(b) Exceptions to bulk regulations. Exceptions to the bulk regulations set forth in the The new Sec. 118‐272(d) grants
 district in which the planned development is located may be recommended, if the
 general authority to control
 Plan Commission shall find that:
 design, density, FAR, bulk, building
 (1) The exception shall be solely for the purpose of promoting a unified site arrangement, etc. without getting
 plan no less beneficial to the residents or occupants of such development into the very controlled specifics
 as well as the neighboring property than would be obtained by the bulk outlined in this section.
 regulations of this chapter for buildings developed on separate lots.
 (2) The yards along the periphery of the development shall be not less in
 width or depth than required for permitted uses in the district regulations
 applicable to the district in which the planned development is located,
 except that:
 a. The front and rear walls of a residential building facing a side yard
 shall have a minimum side yard of 2 times the required side yard of
 that district.
 b. All townhouse or multifamily residences with 3 or more units shall
 be the lesser of 30 feet or the height of the subject building from
 any lot with a detached residence zoned R1 or R2, if that dimension
 is greater than the required yard.
(c) Density bonuses for planned developments containing residential uses. Density
 increases shall be governed by the precepts listed in this subsection, which are
 to be treated as additive and not compounded. Such open areas shall be
 perpetuated by properly recorded covenants extending over the life of the
 planned development, for use only by the residents of the planned development
 or dedicated to the Village for park, playground or other open public uses.

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 (1) Open space reservation shall be considered for density increases
 according to the following provisions:
 a. For the improved common space beyond what is achieved by the
 existing bulk regulations for the district, in the R4 district, 15 feet
 shall be considered the existing bulk regulations for side yards.
 b. For improved common open space beyond what is achieved by the
 existing bulk regulations for the district:
 1. The first 1/4 acre of common open space per 5 acres of net,
 or proportionate amount of lesser parcels, if improved,
 permits a maximum increase of 1.0 unit per acre.
 2. The second 1/4 acre of common open space per 5 acres of
 net, or proportionate amounts of smaller parcels, if
 improved, permits a maximum increase of 1.0 unit per acre.
 3. The third 1/4 acre of common open space per 5 acres of
 net, or proportionate amounts of smaller parcels, if
 improved, permits a maximum increase of 1.0 unit per acre.
 c. The minimum common open space area for shall be no less than
 900 ft2, have an overall finished grade which shall not exceed 10
 percent and which may be improved with plantings, plazas, street
 furniture, walkways, and recreational facilities. All plantings, plazas,
 street furniture, walkways and recreational facilities are subject to
 approval by the Community Development Director.
 (2) Character, identity, and siting variation incorporated in development shall
 be considered cause for density increases not to exceed 2.0 units per acre
 provided these factors make a substantial contribution to the objectives of
 a planned unit development. The degree of distinctiveness and the
 desirable variation achieved shall govern the amount of density increase
 which the Plan Commission may recommend. Such variations may include,
 but are not limited to, the following:
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 a. Landscaping (a maximum increase of 1.0 unit per acre):
 streetscape, open spaces and plazas, use of the existing landscape,
 pedestrian way treatment, and recreational areas.
 b. Siting (a maximum increase of 1.0 unit per acre): visual focal
 points, use of existing physical features such as topography, view,
 sun and wind orientation, circulation, physical environment,
 variation in building setbacks, and building groups (such as
 clustering).
 (3) For the provision of a minimum of 10 percent low-income housing units in
 Although a good idea at the time,
 the development, a density bonus of 20 percent may be granted by the
 this bonus was never used, and in
 Plan Commission and Mayor and Board of Trustees. The maximum
 percentage of low and moderate income units shall be 25 percent for practice, very difficult to enforce
 developments with 50 or more units, 33 percent for developments of after initial occupancy. Currently,
 between 9 and 49 units, and 100 percent for developments with 8 units or the Village meets its state‐
 less. There shall be no more than 1 building site per block containing low mandated affordable housing
 and moderate income housing, and such sites shall not be located in requirements.
 blocks that are separated by a street or alley. There shall be no more than
 2 building sites per census tract containing such units.
 (4) The mechanics of the density bonuses in R1, R2, R3 and R4 residential
 districts are as follows:
MECHANICS OF DENSITY BONUSES IN R1, R2, R3 AND R4 RESIDENTIAL DISTRICTS
Bonus R1a R1b R2a R2b R3 R4
Permitted density 6.60 6.60 9.08 9.08 18.15 19.80
First 1/4 acre of common improved open space, 1.00 1.00 1.00 1.00
maximum
Second 1/4 acre of common improved open space, 1.00 1.00 1.00 1.00
maximum

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Third 1/4 acre of common improved open space, 1.00 1.00 1.00 1.00
maximum
Improved open space bonus ( 1/4 acre to 1/2 acre of 1.00 1.00
common improved open space)
Landscaping bonus, maximum 1.00 1.00 1.00 1.00 1.00 1.00
Siting bonus, maximum 1.00 1.00 1.00 1.00 1.00 1.00
Subtotal 11.60 9.60 14.08 12.08 23.15 24.80
20% bonus for low-income housing 2.32 1.92 2.82 2.42 4.63 4.96
Maximum allowable density 13.92 11.52 16.90 14.50 27.78 29.76
a
 For sites of 10 acres or greater.
b
 For sites of less than 10 acres.
(d) Staged construction; traffic engineering study. Submittal of the sequence of This is already a Village procedure.
 construction of various portions of the development is required if construction is
 to be staged. For residential planned developments of more than 40 units, a
 traffic engineering study of the effect of traffic generated by the planned
 development on the road net and environs of the planned development is
 required.
(e) Siting of developments. The following siting requirements shall be met in a Broad design control is now given
 residential planned development: to the Plan Commission that allows
 (1) Spacing between buildings shall use the following guidelines. Distances creativity.
 between buildings for the purpose of this section shall be cumulative.
 a. For each front or rear wall of a residential building, there shall be a
 minimum of 20 feet.
 b. For each side wall of a residential building, there shall be a
 minimum of 6 feet.

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 c. For each wall of a nonresidential building, there shall be a minimum
 of 15 feet.
 (2) No more than 3 continuous townhouse residences shall have the same
 setback at street or alley frontages and the setback differential shall be a
 minimum of 5 feet.
 (3) No more than 6 townhouse residences having consecutive party walls
 shall be constructed as part of a single building or structure.
 (4) For all townhouse residences, each building shall be so located that a
 minimum of 25% of the residential units of each building shall have their
 party walls at right angles to the principal street frontage.
…
Sec. 118-111. R1 Single-Family residential district. Only R1 and R2 districts
The following requirements apply to the R1 Single-Family district: currently have a minimum
 PD size. Since the new PD
 (1) Lot area. The minimum lot area shall be 6,600 ft2, except as follows: regulations take into
 a. Child day care (except in residences), convents and monasteries, account the integration of
 libraries, museums, planned developments, religious assembly, the PD into the surrounding
 schools, services to the elderly and disabled: 1 acre. community, Staff is
 recommending allowing
…
 the possibility for a smaller
Sec. 118-112. R2 Single-Family residential district. PD in R1 and R2.
The following requirements apply to the R4 Single-Family district:
 (1) Lot area. The minimum lot area shall be 4,800 ft2, except as follows:
 a. Child day care (except in residences), convents and monasteries,
 libraries, museums, planned developments, religious assembly,
 schools, services to the elderly and disabled: 1 acre.
…

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Sec. 118-113. R3 Combined Housing district.
The following requirements apply to the R3 Combined Housing district:
 (1) Lot area. Except in planned developments, the minimum lot area shall be:
…
 In planned developments, the Plan Commission and the Mayor and Board Oddly, density was not the
 of Trustees shall determine the minimum are of lot area in accordance subject of the section this
 with density bonuses for planned developments containing residential regulation is in for both R3
 uses contained in section 118-77. and R4. The densities
 above the standards are in
 the new PD ordinance.
Sec. 118-114. R4 Multifamily Housing district.
The following requirements apply to the R4 Multifamily Housing district:
 (1) Lot area. Except in planned developments, the minimum lot area shall be:
…
 In planned developments, the Plan Commission and the Mayor and Board
 of Trustees shall determine the minimum lot area in accordance with
 density bonuses for planned developments containing residential uses
 contained in Division 1 of this article.
…
 (12) Visual screening.
…
 b. Only the following types of visual screening shall be permitted for
 the purpose of this chapter, or as contained in Article VI of this
 chapter:
…
Sec. 118-175. OR Office Research district.
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 (5) Yards abutting residential districts.
 …
 c. On-grade off-street parking is permitted as close as 50 feet away
 from a lot line that abuts residentially used property, provided it is
 landscaped or screened as provided in Article VI of this chapter.
…
ARTICLE IV. OFF-STREET PARKING AND LOADING
…
Sec. 118-205. Provision of facilities upon damage or destruction of building. In 118‐282(b)
(a) Any building damaged less than 60 percent of its current value may be rebuilt,
 and shall adhere to the off-street parking and loading requirements in effect at
 the time of its original building permit.
(b) Any building damaged more than 60 percent of its current value may be rebuilt,
 and shall adhere to the off-street parking and loading requirements at the time it
 is rebuilt.
…
 Renumber Article and all
ARTICLE VI. LANDSCAPING
 sections
…
Sec. 118-281231. Scope of article.
…
Sec. 118-282232. Parkway landscaping.
…
Sec. 118-283233. Private property landscaping.
…
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Sec. 118-284234. Maintenance.
…
Sec. 118-285235. Relief.
…
ARTICLE VI. NONCONFORMING BUILDINGS, STRUCTURES, LOTS, AND USES Renumber Article
AND LOTS
Sec. 118-251. Generally. Continuance.
 Any nonconforming use, structure, or lot which lawfully existed as of March 2,
1965, and which remains nonconforming, and any use, structure or lot which has
become nonconforming as a result of the adoption of this chapter or any subsequent
reclassification of zoning districts or other amendment to this chapter, may be
continued or maintained only in accordance with the terms of this article.
 Except as otherwise required by law, a structure or use legally established may
be continued unchanged. The owner, occupant, or user shall have the burden to show
that the structure, lot, or use was lawfully established.
Sec. 118-252. Nonconforming uses. Discontinuance.
(a) Vacancy. Any lot or structure, or portion thereof, occupied by a nonconforming Replaces existing 118‐
 use with a valid certificate of occupancy, which becomes vacant for a period of 6 252(b)
 consecutive months must be reoccupied by a conforming use in compliance with
 this chapter. Any nonconforming use without a valid certificate of occupancy is
 prohibited to be reestablished upon vacancy.
(b) Damage. If any nonconforming structure or use is, by any cause, damaged to Replaces and consolidates
 the extent of 50% of its value immediately prior to the event as determined by 118‐253(a)(2), (3) &( 4) and
 the Zoning Official, it shall only be reconstructed in compliance with this chapter. 118‐205, except that the
 exception for the R1 and
(a) Expansion. A nonconforming use shall not be expanded or extended beyond the
 R2 uses that were non‐
 floor area or lot area that it occupied on March 2, 1965, or the effective date of
 any amendment to this chapter rendering such use nonconforming. conforming height will now
 need to follow the same
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 need one.
(b) Discontinuation. If a nonconforming use is discontinued for a period of 180
 consecutive days, including any period of discontinuation before March 2, 1965,
 then that use shall not be renewed or reestablished and any subsequent use of
 the lot or structure shall conform to the regulations of the zoning district in which
 it is located.
(c) Change of use. A nonconforming use may be changed to a permitted use or
 special use for the zoning district in which the property is located. A
 nonconforming use shall not be changed to another nonconforming use.


Sec. 118-253. Nonconforming structures. Enlargements and modifications.
(a) Maintenance and repair. Maintenance, repairs, and structural alterations shall be
 permitted to nonconforming structures or to a building housing a nonconforming
 use with valid permits.
(b) Changes to a nonconforming use. A change in use from a nonconforming use
 Replaces 118‐252(c)
 must only be made into a conforming use and cannot be changed back to a
 nonconforming use.
(c) Additions. All additions to nonconforming structures and parking areas shall
 conform to the requirements of this chapter. Additions to structures housing
 nonconforming uses that increase the nonconforming use shall not be made.
(a) Repair or reconstruction.
 (1) Ordinary repairs and maintenance may be made to a nonconforming Repair provisions in 118‐
 structure. 3(b) Additions, alterations,
 (2) If a nonconforming structure is destroyed or damaged by an act of nature, or repairs. & (c)
 fire, or man-made disaster, and the cost of restoring the structure to its Maintenance.
 condition immediately prior to the event does not exceed 60 percent of
 the cost of restoring the entire structure, then the structure may be
 restored to its original nonconforming condition, provided that a building
 permit is secured, reconstruction is started within 180 days from the date
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 of the damage, and such reconstruction is diligently prosecuted to
 completion.
 (3) If a nonconforming structure is destroyed or damaged by an act of nature,
 fire, or man-made disaster, and the cost of restoring the structure to its
 condition immediately prior to the event exceeds 60 percent of the cost of
 restoring the entire structure, then the structure shall not be restored
 unless the structure is restored, and the use thereof will thereafter
 conform, to all requirements of the zoning district in which it is located.
 (4) Notwithstanding any other subsection of 118-253(a), any nonconforming In 118‐252(b) Damage.
 principal building in either the R1 or R2 district that is destroyed or
 damaged by an act of nature, fire, or man-made disaster may be restored
 to the same height only in those areas where, and to the extent of the
 area in which, that height existed immediately prior to the event that
 caused the damage or destruction, provided that the building meets all
 other requirements of the respective zoning district.
(b) Alteration or enlargement.
 (1) A nonconforming structure shall not be enlarged in any manner or In 118‐3(2) Additions,
 undergo any structural alteration unless to make it a conforming alterations, or repairs.
 structure, except as set forth in subsection (b)(2) of this section.
 (2) Notwithstanding the restriction set forth in subsection (b)(1) of this
 section, a structure which is nonconforming due to the minimum yard
 requirement or height limit set forth for the zoning district in which it is
 located may be enlarged or altered provided that:
 a. The enlargement or alteration itself conforms to the requirements
 set forth in the district; and
 b. The total structure as enlarged or altered does not diminish the
 total required yard area for the applicable district.
 In 118‐1(c) Scope.
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(c) Moving of nonconforming structure. A nonconforming structure shall not be
 moved in whole or in part to any other location unless every portion of such
 structure and the use thereof is made to conform with all requirements for the
 zoning district to which such structure is moved.


Sec. 118-254. Nonconforming lots.
(a) No lot of record may be improved unless it is in conformity with the requirements
 of this chapter, except that a lot of record in a residential district which that does This section will need to be
 not meet the requirements of this chapter as to area or lot width may reviewed in a separate
 nonetheless be improved for a detached residence in the district, provided that it case.
 shall meet all the other requirements of this chapter.
(b) Where 2 or more abutting lots shown in a plat properly recorded with the office
 of the County Recorder are held or become held in common legal or equitable
 ownership at any time subsequent to March 2, 1965, and the use of such
 abutting lots as separate parcels would not meet the requirements of this
 chapter, the ownership of the lots shall not be separated nor shall any of the lots
 be used in any way to conflict with the regulations of this chapter. No building
 permits shall be issued for the use of any lot or portion of lot sold, transferred or
 conveyed in violation of the provisions of this section; provided, however, that
 this provision shall not prevent the dividing of presently existing townhouses and
 multifamily residences into separate ownership units.
(c) No lot of record which did not exist as of March 2, 1965, shall be created by
 subdivision or otherwise which does not conform with the requirements set forth Already in the Subdivisions
 in this chapter dealing with the district within which the land in question is chapter
 located and all other requirements set forth elsewhere in this chapter.


Sec. 118-255. Relief.
 This section will need to be
 reviewed in a separate
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(a) Relief from the provisions of this article may be granted by the Mayor and Board
 of Trustees Village Board to continue the use of nonconforming buildings,
 structures or uses, after consideration of the following factors:
 (1) The condition of the building or structure;
 (2) Improvements made to the original building or structure;
 (3) The nature of the nonconforming use;
 Not necessary
 (4) Compliance with all existing Village codes and ordinances as amended;
 and
 (5)(4) Compatibility of the use and/or the building or structure with the
 neighborhood in which it is located.
(b) Upon a finding that relief is justified, the property owner shall enter into a
 covenant or agreement with the Village for the continuation of the
 nonconforming building, structure or use.
…
ARTICLE VII. PLANNED DEVELOPMENTS
Sec. 118-271. General.
(a) Approval. Planned developments (PDs) are allowed with site plan approval in all Planned developments are
 zoning districts. No PD shall be granted unless it conforms to the use limitations, currently special uses in R1, R2, R3,
 densities, bulk regulations, and design regulations of the zoning district in which and R4 and permitted in all other
 it is located, except as those requirements may be lawfully modified as allowed zones accept B4, B6, H1, and OR,
 by this chapter. Compliance with the regulations of this chapter in no way which already require site plan
 excuses the developer from the applicable requirements of the subdivision approval for all developments. The
 chapter of this code, unless those modifications are specifically authorized in the new PD would be permitted in all
 approval of the PD. districts as part of site plan
(b) Intent. These regulations are to encourage and provide means to promote approval but would add an
 desirable and quality development by permitting greater flexibility and design additional finding of fact that the
 freedom than is permitted under the basic district regulations and to accomplish PD is necessary, desirable,
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 a well-balanced, aesthetically-satisfying, and economically-desirable development
 of building sites within a PD. These regulations are established to permit latitude
 in the development of the building site if such development is found to be in
 accordance with the purpose, spirit, and intent of this chapter and is found not to
 be hazardous, harmful, offensive, or otherwise adverse to the environment,
 property values, or the character of the neighborhood or the health, safety and
 welfare of the community. It is intended to permit and encourage diversification
 and imagination in the relationship of uses, structures, open spaces, and bulk
 requirements for developments conceived and implemented as comprehensive
 and cohesive unified projects. It is further intended to encourage more rational
 development with relationship to public services, preservation of open lands, and
 storm water management.


Sec. 118-272. Conditions.
(a) Exceptions to use. A PD may only contain allowable uses listed in Appendix A of
 this chapter for the zoning district in which it is located, except as listed in this
 section with a special use permit for the additional uses and based on findings of
 fact for a special use permit.
 (1) Sites in multiple districts. If a site is located in more than 1 zoning
 district, the uses applicable to such property in 1 district may be extended
 into the adjacent district as part of the special use permit.
 (2) Proportionate exception. Up to 20% of the ground floor area or 20% of
 the gross floor area of the PD may be devoted to additional uses listed in
 Appendix A.
(b) Ownership. The development shall be in single or corporate ownership at the
 time of application, or the subject of an application filed jointly by all owners of
 the property.



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(c) Design. The Commission shall require such arrangements of structures and open
 spaces within the site development plan as necessary to ensure that adjacent
 properties will not be adversely affected.
 The table for residential district
 (1) Density. When units per acre requirements exist, the number of units per
 density bonus is replaced with a
 acre may be increased in no case higher than 9.6 in R1, 12.1 in R2, 23.2
 standard maximum for each
 in R3 and, 24.8 in R4.
 district, which is the current
 (2) Floor area ratio (FAR). When FARs requirements exist, the FAR may be maximum for sites less than 10
 increased in no case higher than what may be allowed in the zoning acres without the affordable
 district with site plan approval. housing bonus. It is Staff’s intent
 (3) Arrangement. Where feasible, the height and density of buildings and to adjust these numbers when the
 uses shall be arranged in a way that is complementary with the residential section of the ordinance
 regulations of adjacent and abutting districts. is updated.
 (4) Specific regulations. The area of lots, lot width, required yards, and
 coverage regulations shall be determined by site plan approval.
 (5) Specific design requirements. Additional relief may be granted from design Authorizes the Plan Commission to
 requirements only when such relief is consistent with the purpose of the grant relief for design
 district and the Comprehensive Plan. requirements, which it currently
(d) Open spaces. Preservation, maintenance, and ownership of required open spaces does not technically have the right
 within the PD shall be accomplished by either: to do, but only with a PD.
 (1) A dedication of the land as a public park or parkway system, or
 (2) Creating a permanent open space easement on and over the said private This now requires the open spaces
 open spaces to guarantee that the open space remain perpetually in be publicly accessible, closing a
 recreational use, with ownership and maintenance being the responsibility loophole in the current ordinance.
 of an owners' association established with articles of association and
 bylaws, which are satisfactory to the Village Board.
(e) Landscaping. Landscaping, fencing, screening, grading, and drainage related to
 the uses within the site and as a means of integrating the proposed PD into its

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 surroundings must planned and presented to the Commission for approval,
 together with other required plans for the PD.
 A planting plan showing proposed trees, shrubs, and other perennial plantings
 shall be prepared for the entire site to be developed.
(f) Signs. If relief is requested from the Signs chapter, the size, location, design and
 nature of signs relevant to the relief detailed in the application must be
 presented to the Commission for approval.
(g) Additional findings of fact. In addition to the findings of fact for site plan
 approval, the Commission must make the following findings for PDs:
 (1) The proposed use of the particular site, including any exceptions to use,
 shall be shown as necessary or desirable to provide a service, amenity, or
 facility that will contribute to the general well-being of the surrounding
 area.
 (2) Under the circumstances of the particular case, the proposed use will not
 be detrimental to the health, safety, or general welfare of persons residing
 within or in the vicinity of the PD.


Sec 118-273. Intent and authorization to make requirements.
(a) Professional expertise. Site and building plans for a PD must be prepared by a
 designer or team of designers having professional competence in urban planning,
 architecture, landscape architecture, and engineering, as proposed in the
 application. The Commission shall be permitted to require the applicant to
 engage additional professional expertise if it deems the application team is
 lacking such services.
(b) Design. It is the intent of this section that the design control exercised be
 the minimum necessary to achieve the purpose of this section.


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(c) Conditions. The Commission is authorized to recommend approval or
 disapproval of an application for a PD and to attach any conditions it deems
 necessary to secure compliance with the purposes set forth in this chapter.
(d) Contributions. The Village Board, as part of the approval of a PD, is permitted to Authority is given for the Plan
 require an applicant to make reasonable contributions , including, but not limited Commission to make specific
 to, any combination of the following: contributions.
 (1) Dedication of land for public park purposes.
 (2) Dedication of land for public school purposes.
 (3) Dedication of land for public right-of-way purposes.
 (4) Construction of, or addition to, roads serving the proposed project when
 such construction or addition is reasonably related to the traffic to be
 generated.
 (5) Installation and maintenance costs of required traffic safety devices.
 (6) Installation of lighting, landscaping, sidewalks, and bus shelters on public
 right-of-way and private property.
 (7) Preservation of areas containing significant natural, environmental,
 historic, archeological or similar resources.


Sec. 118-274. Commission action.
(a) Approval. The Commission has the authority to require that the following
 conditions for a PD (among others it deems appropriate) be met by the
 applicant:
 (1) That the applicants intend to start construction within 1 year of either the Because of the longer
 approval of the project or of any necessary zoning district change, and construction timeline for planned
 intend to complete said construction, or approved stages thereof, within 4 developments, this allows the
 years from the date construction begins. Plan Commission to recommend
 a longer period for development,
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11P__Zoning_Chapter_Amendment__Comprehensive_revisions_of_Articles_I_and_II without having to go back to the
 Village Board for an extension.
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 (2) That the PD is planned as 1 complex land use rather than as an
 aggregation of individual and unrelated buildings and uses.
 (b) Limitations on application.
 (1) Upon approval of a PD by the Village Board, construction must proceed
 only in accordance with the approved ordinance.
 (2) An amendment to approved plans and specifications for a PD must be
 obtained only by following the procedures in this chapter.
 (3) The Zoning Official is only authorized to issue a permit for a proposed
 building, structure, or use within the PD if such building, structure, or use
 is in accordance with the approved site plan and with any ordinance
 conditions imposed in conjunction with its approval.
 …


 APPENDIX A


 retail street
 M1 M2 M3 OR
 R1
 R2
 R3 NX
 TX
 B1
 B2
 B3
 B4
 R4
 R5 CX B6
USE
 H1

RESIDENCE OR ACCOMMODATION
…
 Residence, 3- or more unit multifamily, north of
Jarvis Avenue, subject to § 118-145144
…
HYBRID AND OTHER USES
 …
 Planned development, with site plan approval P P P P P P P P P P P
subject to § 118-77
 Planned development, subject to § 118-77 S S S S



 VOSDOCS-#435536-v1-Master_Plan_Commission_Report_for_2011-
 11P__Zoning_Chapter_Amendment__Comprehensive_revisions_of_Articles_I_and_II

 66 of 66

12743
MINUTES of a regular meeting of the Mayor and the Board of Trustees of the Village of
Skokie, Cook County, Illinois held in the Council Chambers at 5127 Oakton Street at 8
p.m. on Tuesday, September 3, 2013

Pledge of Allegiance led by Cub Scout Pack 85 from Middleton School.

The Mayor called the meeting to order.
The Clerk called the Roll. Those present were Trustees Roberts, Sutker, Ulrich, Bromberg,
Klein, Gray-Keeler and Mayor Van Dusen.

Motion to approve the Consent Agenda with the exception of Item D on the Manager’s Report.
Moved: Trustee Gray-Keeler Seconded: Trustee Sutker
Ayes: Roberts, Sutker, Ulrich, Bromberg, Klein, Gray-Keeler and Mayor Van Dusen
Nays: None.
Absent: None.
MOTION CARRIED

*Approve, as submitted, minutes of regular meeting held August 19, 2013
Omnibus vote.

* Approve Voucher List Voucher List #8-FY14 of September 3, 2013.
Omnibus vote.

*Proclamations and Resolutions.
A. Proclamation:
National Preparedness Month – September 2013
Omnibus vote.

Presentations and Reports.
A. Skokie Big Brothers Big Sisters Program 2012-2013, presented by Maureen Murphy,
Human Services Director and Jeremy Foster, Senior Vice President - Development, Big Brothers
Big Sisters of Metropolitan Chicago. They gave an overview on the 2012-2013 Program Year.
They spoke about the positive results for the first year. Human Services Director Murphy and
Senior Vice Present Foster answered questions from the Board.

Report of the Village Manager.
A. TIF Bond Issue.
The Village needs to issue $10 million dollars in tax exempt bonds in order to complete work in
the two Downtown TIFs. Finance Director George Van Geem, Economic Development
Thompson and Financial Advisor Mike Montgomery answered questions from the Board. The
Bond Ordinance and bid report will appear on the agenda of September 16th.


B. Exterior Rehab Program Grant for 8050 Lincoln Avenue/5109-5115 Brown Street.
Motion to approve a façade improvement grant not to exceed $49,070 for the 8050 Lincoln
Avenue/5109-5115 Brown Street exterior rehab project.
Moved: Trustee Sutker Seconded: Trustee Ulrich
Ayes: Roberts, Sutker, Ulrich, Bromberg, Klein, Gray-Keeler and Mayor Van Dusen
Nays: None.
Absent: None.
MOTION CARRIED

*C. Custom Bus Shelters for Downtown Skokie – Daytech Limited, Toronto, ON - $70,970.
Motion to award a contract to Daytech Limited, Toronto, ON in the amount of $70,970 for
custom bus shelters for Downtown Skokie,
Omnibus vote.

D. Bid Report – 2013 Non-Arterial Street Resurfacing Program II – Arrow Road Construction
Co., Mt. Prospect, IL - $1,118,470.
Motion to award a contract to Arrow Road Construction Co., Mt. Prospect, IL in the amount of
$1,118,470 for 2013 Non-Arterial Street Resurfacing Program II.

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12744
Meeting of the Mayor and Board of Trustees
Tuesday, September 3, 2013 Page Two

Senior Civil Engineer Erik Cook answered questions from the Board.
Moved: Trustee Klein Seconded: Trustee Sutker
Ayes: Roberts, Sutker, Ulrich, Bromberg, Klein, Gray-Keeler and Mayor Van Dusen
Nays: None.
Absent: None.
MOTION CARRIED

Report of the Corporation Counsel.
CONSENT:
*A. Ordinance 13-9-Z-4005
Motion to adopt an ordinance granting a special use permit to establish and operate a bank with a
three lane drive-through at 3636 Touhy Avenue in a B2 Commercial district and repealing
Village Ordinance Numbers 12-5-Z-3901 and 12-5-Z-3902. This item is on the consent agenda
for second reading and adoption.
Omnibus vote.

*B. Ordinance 13-9-Z-4006
Motion to adopt an ordinance vacating various unopened and unimproved residential public
alleys within an area bounded by Payne Street on the north, Tripp Avenue on the east, Golf Road
on the south and Kildare Avenue on the west in an R1 Single-Family district. This item is on the
consent agenda for second reading and adoption.
Omnibus vote.

*C. Ordinance 13-9-Z-4007
Motion to adopt an ordinance vacating various unopened and unimproved residential public
alleys within an area bounded by Payne Street on the north, Crawford Avenue on the east, Golf
Road on the south and Keystone Avenue on the west in an R1 Single-Family and B2
Commercial district. This item is on the consent agenda for second reading and adoption.
Omnibus vote.

D. Resolution 13-9-R-1223
Motion to adopt a resolution approving and authorizing a Landscape Agreement between the
Village of Skokie and AT&T pertaining to landscaping and other costs for placement of AT&T
VRAD facilities on public rights-of-way within the Village.
Moved: Trustee Bromberg Seconded: Trustee Gray-Keeler
Ayes: Roberts, Sutker, Ulrich, Bromberg, Klein, Gray-Keeler and Mayor Van Dusen
Nays: None.
Absent: None.
MOTION CARRIED

New Business.
Mayor Van Dusen requested an Executive Session
A. Request for an executive session in accordance with paragraph 2(c)(1) of the Illinois
Open Meetings Act, a closed session is requested and to adjourn therefrom.
Moved: Trustee Roberts Seconded: Trustee Bromberg
Ayes: Roberts, Sutker, Ulrich, Bromberg, Klein, Gray-Keeler and Mayor Van Dusen
Nays: None.
Absent: None.
MOTION CARRIED

Plan Commission.
Chairman Paul Luke presented the Plan Commission Case.
A. Plan Commission Case 2011-11P – Zoning Chapter Amendment: Article I. In
General and Article II. Administration and Enforcement
Motion to concur with the Plan Commission to amend sections of Chapter 118 Zoning of
the Skokie Village Code to approve proposed regulations to begin restricting and
modernizing the Zoning Chapter from the beginning.


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Meeting of the Mayor and Board of Trustees
Tuesday, September 3, 2013 Page Three

Community Director Peyer and Planning Supervisor Marciani answered questions from
the Board.
Moved: Trustee Sutker Seconded: Trustee Bromberg
Ayes: Roberts, Sutker, Ulrich, Bromberg, Klein, Gray-Keeler and Mayor Van Dusen
Nays: None.
Absent: None.
MOTION CARRIED



Adjournment
Motion to adjourn at 9:00 p.m.
Moved: Trustee Roberts Seconded: Trustee Klein
Ayes: Roberts, Sutker, Ulrich, Bromberg , Klein,, Gray-Keeler and Mayor Van Dusen
Nays: None.
Absent: None.
MOTION CARRIED




 __________________________

 Pramod C. Shah, Village Clerk




Approved:

______________________
George Van Dusen, Mayor



Executive Session
A Closed Session was held in the main floor conference room at 9:03. Those present were
Mayor Van Dusen, Clerk Shah, Trustees Roberts, Sutker, Ulrich, Bromberg, Klein, and Gray-
Keeler. Also present were Village Manager Rigoni and Corporation Counsel Lorge. The meeting
ended at 10:20 p.m.




.




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Meeting of the Mayor and Board of Trustees
Tuesday, September 3, 2013 Page Four




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