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HomeMy WebLinkAboutJPZ - 04/26/1990 - ZONING PERFORMANCE STANDARDS ENFORCEMENT MINUTES 1\ JUDICIARY, PLANNING AND ZONING COMMITTEE April 26, 1990 8:30 p.m. Members Present: Dennis Gallitano, Chairman Joseph Bosslet Nancy Czarnik Absent: None Staff Present: Alan Boffice, Dir. E/CD James MacArthur, Fire Chief Bill Clark, Deputy Fire Chief Raymond Rummel, Administrative Assistant George Knickerbocker, village Attorney ZONING PERFORMANCE STANDARDS ENFORCEMENT PROVISION The JPZ Committee discussed the possibility of creating a permit which would grandfather existing business from the proposed Text Amendment for the Zoning Performance Standards. The permit is needed to alleviate any undue hardships on existing businesses, and to avoid burdening the Plan Commission with a large number of public hearings for a Special Use Permit. The consensus of the Committee was to recommend creating a permit (non-conforming use or existing use permit) with the following provisions: 1. The permit will have an expiration date of five to seven _years. The permit will be automatically renewed if the same operation and owner is using the facility. The permit, however, would be non-transferable to any new owners. 2. The business must be in compliance with existing Village codes and ordinances in order to be grandfathered. The permit would allow for the ordinary operations of the business subject to verification of its past practices. 3. The businesses with the permit would become a non-conforming use and would either have to comply with the present codes and ordinances or petition for a Special Use permit if the business' operations would phusically be expanded or if 50% of the business would be destroyed due to a disaster such as a major fire, etc. JPZ Committee Minutes April 26, 1990 Page Two 4. Three months would initially be allowed for any businesses to apply for the permit, during which time they would bring any existing violations into compliance. An additional three months would be required for the businesses to have dialogue with E & CD and Fire Departments in their permit request, followed by an additional six months for the Engineering & CD and Fire Departments to inspect and verify the accuracy of the information on the permit prior to its issuance. 5. No permit will be issued if the business is found to be in violation of any State or Federal performance standards, or in violation of existing Village codes and ordinances. 6. The permit will allow grandfathering of Zoning Performance Standards in all zoning districts. In addition, the consensus of the JPZ Committee was to include two text amendments in the proposed standards. First, a Special Use permit for flammable and combustible material in Table 2, Section 5,96 of the proposed standards should be allowed. Second, a Special Use permit should be allowed only in the I-2 districts where quantities exceed the table amounts in Section 5. 94 (Toxic Substances - P. 30) Section 5. 96 (Explosive, Unstable or Highly Reactive Materials - P. 33, and Flammable and Combustible Materials - P. 34). These amendments would necessitate including these substances and materials into the last paragraph of Section 5. 83.A, "Special Uses in I-2 Industrial Districts" CC: President & Board of Trustees Village Manager Assistant Village Manager Administrative Assistant Village Clerk Fire Chief Director of Engineering & Community Development Village Attorney