§ 10-2-1. Development Review Administration.

A.

Intent and Purpose. The purpose of this Code is to promote the health, safety, enjoyment, and general welfare of the public and conserve or enhance the taxable value of land and buildings throughout the Village. The provisions of this Code shall be administered to ensure orderly growth and development and shall supplement and facilitate the provisions in the Comprehensive Plan, Zoning Code and other chapters of the Municipal Code.

B.

Jurisdiction and Scope of Regulations. The owner of any parcel of land, building or tenant space within a building desiring to develop or redevelop such parcel, building or tenant space within a building shall submit development plans (site plan and/or plat of subdivision) and supporting documents for review in accordance with the provisions of this Code. Any structure, building, improvement, land subdivision, or other development within the Village permitted by the Zoning Code, including any and all exterior or interior additions, alterations, changes, and/or relocations of existing buildings, or any changes in the specific use of the building occurring hereafter shall require development review and shall be subject to all regulations of this Code. Site improvements required of any portion of a multi-tenant property under common ownership (such as a shopping center), shall be proportionate to the size of the developed or redeveloped tenant space relative to the whole ownership and such improvements may be deferred until such time as a grouping of improvements may be constructed, subject to and in accordance with approval by the Village and shall be implemented through the construction of site improvements within 18 months of the plan approval, or as otherwise approved by the Village Board. The Village Board may grant a single extension of time for a period of 12 months. All changes as outlined above to a site plan, plat, building, use or other significant aspects of an existing Village plan or plat approval shall be subject to approval by the Village as provided for in this Code.

C.

Interpretation.

1.

In their interpretation and application, the provisions of this Code shall be held to be minimum requirements under the police power as enacted in this Code and conformance without further legislative review shall not create any entitlement to the proposed use of the property. The Village Board may further exercise their discretion in a legislative review of submitted development plans and supporting documents in a reasonable manner for the promotion of the public health, safety, and welfare.

2.

Where the conditions imposed by any provision of this Code upon the use of land or buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this Code or of any other law, ordinance, resolution, rule or regulation of any kind, including the Village's Comprehensive Plan, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern.

3.

This Code is not intended to abrogate any easement, covenant or any other private agreement, provided that where the regulations of this Code are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements of this Code shall govern.

D.

Periodic Redevelopment of Commercial Properties. For any non-residential building or property, where more than 15 years has elapsed since the site was initially developed, or wholly and substantially redeveloped, and such building or property is not in compliance with current Village Code requirements, a site plan shall be developed to update the site and building to meet current Village Code requirements to the extent feasible in consideration of the existing improvements present on the site. Upon written notification by the Village of the foregoing requirement, the owner shall have one year to develop a site plan in accordance with the above. Upon approval by the Village of the site plan, the plan shall be implemented through the construction of site improvements within two years of the plan approval.

E.

Planning and Zoning Commission. The Planning and Zoning Commission of the Village of Hoffman Estates, in addition to its powers and duties as prescribed by the Hoffman Estates Municipal Code, and other ordinances of the Village and State Statutes, shall hear and act upon all development review (site plan and/or plat of subdivision) applications approval in the manner and subject to the standards prescribed herein and shall report its findings and recommendations to the Village Board.

F.

Exception of Specific Requirements. The Planning and Zoning Commission, when acting upon any development review applications approval, shall have the power to recommend exceptions from the applicable requirements as may be reasonable and within the general purpose and intent of the provisions for approval of this Code, if the literal enforcement of one or more provisions of the Code is impractical or will exact undue hardship because of unique conditions pertaining to the land in question. When such exceptions are recommended, the Planning and Zoning Commission shall transmit such recommendations in a Finding of Fact to the Village Board for their consideration and final action.

(Ord. No. 4360-2013, § 1(Exh. A), 3-18-13)