A.   Applications: All applications for development review, which shall include site plan review, zoning certificates, conditional use permits, planned unit developments, variations, amendments to the zoning ordinance or map, administrative interpretations, and appeals from administrative determinations, shall be filed in conformance with the regulations set forth below:

      1.   Place Of Filing: Applications shall be filed with the Zoning Administrator or with such other City body or official as the Zoning Administrator may designate.

      2.   Form, Number, And Scale: Applications shall be on forms provided by the Zoning Administrator and shall be filed in such number and manner as the Zoning Administrator may designate. All plans filed as part of any application shall be at a scale sufficient to permit a clear and precise understanding of its contents and of the proposal being made and shall be folded to a size of eight and one-half inches by eleven inches (81/2"x11").

      3.   Minimum Requirements: Every application submitted pursuant to this title shall contain such minimum data and information as listed in chapter 14, "Minimum Submission Requirements", of this title.

      4.   Disclosure Of Trust Beneficiaries: Whenever the owner or applicant is a trustee, it shall be required that the application be accompanied by a full disclosure in writing of the names and addresses of all beneficiaries under said trust at the time of such application and within the twelve (12) months immediately preceding the filing of the application. It shall be required that any application be accompanied by a certified copy of the trust agreement and a certificate of the trustee that the beneficiaries are as stated by the owner or applicant.

      5.   Filing Deadlines:

         a.   An application requiring a public hearing will not be scheduled for such hearing unless filed in a complete manner, at least thirty (30) days and no more than ninety (90) days prior to the requested public hearing date. An application so filed will be scheduled for the requested date, or the first available date thereafter, on a first filed, first scheduled basis. All public hearings to consider applications filed pursuant to this title shall, unless otherwise provided by order of the relevant body, be scheduled at the same time as the regular meetings of such body.

         b.   An application that does not require a public hearing also shall be filed with the Zoning Administrator in a complete manner. An application so filed will be processed by the Zoning Administrator on a first filed, first processed basis.

         c.   Whenever supplemental data in connection with a previously filed application is required by the City or offered by the applicant, it shall be submitted at least fifteen (15) days prior to the date on which it is to be considered or acted upon in connection with such application. The filing of such data shall, in the discretion of the Zoning Administrator and of the body hearing the application, be cause to delay a requested or scheduled hearing or decision date.

      6.   Fees: Applications filed pursuant to the provisions of this title shall be subject to an application and filing fee as established, from time to time, by the City Council. The owner of the property subject to the application and, if different, the applicant, shall be jointly and severally liable for the payment of the fee. The failure to pay any such fee when due shall be grounds for refusing to process an application and for denying or revoking any permit or approval sought or issued with respect to the land or development to which the unpaid fee or required deposit relates. All fees shall be made payable to the City of Des Plaines. The application fee pays the cost of processing the zoning relief requested and is nonrefundable.

 

      7.   Special Requests: In addition to the minimum data and information required by subsection A3 of this section, every applicant shall submit such other additional data, information, or documentation as the Zoning Administrator or any body before which its application is pending may deem necessary or appropriate to achieve a full and proper consideration and disposition of the particular application.

      8.   Waiver Of Application Requirements: Notwithstanding any other provision of this subsection A, the Zoning Administrator shall have the authority to waive any requirement set forth in subsection A1, A2, or A3 of this section when, in his judgment, such waiver is appropriate in light of the nature and extent of the relief being sought or in light of special circumstances making compliance with those provisions either unnecessary or unduly burdensome; provided, however, that any board or commission before which such application may come shall continue to have the right to request additional information pursuant to subsection A7 of this section and to delay processing of such application until such information is provided and available in accordance with the deadlines established in subsection A5 of this section.

   B.   Successive Applications:

      1.   Second Applications Without New Grounds Barred: Whenever any application filed pursuant to this title has been denied on its merits, a second application seeking essentially the same relief, whether or not in the same form or on the same theory, shall not be brought unless in the opinion of the official, board, or commission before which it is brought there is substantial new evidence available or a mistake of law or fact occurred that significantly affected the prior denial.

      2.   New Grounds To Be Stated: Any such second application shall include a detailed statement of the grounds justifying its consideration.

      3.   Summary Denial With Or Without Hearing: Any such second application may be denied by the Zoning Administrator summarily, and without hearing, on a finding that no grounds appear that warrant a new hearing. In any case where such application is set for hearing, the applicant shall be required to establish grounds warranting reconsideration of the merits of its application prior to being allowed to offer any evidence on the merits. Unless such grounds are established, the application may be summarily dismissed for such failure.

      4.   Exception: Whether or not new grounds are stated, any second application filed more than one year after the denial of a prior application shall be heard on the merits as though no prior application had been filed. The applicant shall, however, be required to place in the record all evidence available concerning changes of conditions or new facts that have developed since the denial of the first application. In the absence of such evidence, it shall be presumed that no new facts exist to support the new application that did not exist at the time of the denial of the first application.

   C.   Notice:

      1.   Notice Of Public Hearing In Newspaper: For any development review procedure that requires a public hearing, the City shall arrange for the publication of a public notice in a newspaper of general circulation in the Des Plaines jurisdictional area. The notice shall include the date, time and place of such hearing or meeting, a description of the matter to be heard or considered, the address or particular location of the subject property, and the property index number(s) for subject property. If there is no available street address or property index number for the subject property, then a legal description of the subject property must be included. The notice shall run at least one time, not more than thirty (30) days nor less than fifteen (15) days prior to the public hearing.

      2.   Notice Of Public Hearing Through Posted Sign: In addition to the newspaper notice provision required above, not more than thirty (30) days nor less than fifteen (15) days prior to any public hearing on a development review procedure the zoning administrator shall cause to be posted on the subject property a notice sign stating that a hearing will be held and including the date, time and place of such hearing or meeting, and a description of the matter to be heard or considered.

      3.   Notice To Proximate Property Owners: For any public hearing regarding a map amendment, conditional use, or major variation, notice by U.S. mail shall be sent to owners of properties within the following distances measured from the perimeter of the subject property:

         a.   Three hundred feet (300) feet for subject properties located entirely within residential zoning districts

         b.   Five hundred (500) feet for all other properties, including properties located only partially in a residential district.

   D.   Review And Hearing:

      1.   Staff Review: The zoning administrator shall refer every application for which this title requires a public hearing to all appropriate city commissions and departments. Each commission and department to which an application is referred shall review such application and submit its comments thereon to the zoning administrator for transmittal to the specific body hearing the application. Such comments shall, whenever possible, be submitted at least two (2) business days prior to the date set for the hearing and shall be made available to any person on request prior to the hearing.

      2.   Public Hearing: All other matters pertaining to the conduct of hearings shall be governed by the provisions of this title pertaining to, and the rules promulgated by, the body or official conducting the hearing.

      3.   Examination And Copying Of Application And Other Documents: At any time following the giving of notice as required in subsection C of this section, and upon reasonable request, any person may examine the application and, subject to the exceptions set forth in the freedom of information act, all other documents on file pertaining to the application. In addition, any person shall be entitled to copies of such application and documents upon reasonable request and payment of a fee as established from time to time by the zoning administrator to cover the cost of such copies. (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-6-04, 1-19-2004; Ord. Z-14-15, 7-6-2015; Ord. Z-1-19, 1-7-2019; Ord. Z-42-21, 8-16-2021; Ord. Z-5-22, 3-21-2022)

   A.   Purpose: Site plan review is required to promote orderly development and redevelopment in the city and to ensure that such development or redevelopment is done in a manner harmonious with surrounding properties and consistent with the general welfare and the policies in the comprehensive plan. This section provides standards by which to determine and control the physical layout and/or use of a lot or parcel of land in order to achieve the following purposes:

      1.   Compatibility of land uses, buildings, and structures;

      2.   Protection and enhancement of community property values;

      3.   Efficient use of land;

      4.   Minimization of traffic, safety, and overcrowding problems; and

      5.   Minimization of environmental problems.

   B.   Applicability And Authority: An application for any development review procedure or an application for a building permit shall require site plan review, except for zoning certificates for single-family detached dwellings or two-family dwellings. Site plans shall be submitted with the development review application and shall be reviewed as an integral part of that application by the zoning administrator and by any other city body or official conducting the development review procedure. (Ord. Z-8-98, 9-21-1998)

   C.   Contents Of Site Plan: Site plans shall show all information requested by the zoning administrator including, at a minimum, the information set forth in chapter 14, "Minimum Submission Requirements", of this title. (Ord. Z-14-15, 7-6-2015)

   D.   Standards For Site Plan Review: In reviewing site plans, the zoning administrator or other city body or official may evaluate the following characteristics:

      1.   The arrangement of the structures on the site with respect to how well it:

         a.   Allows for the effective use of the proposed development;

         b.   Allows for the efficient use of the land;

         c.   Is compatible with development on adjacent property; and

         d.   Considers off site utilities and services and minimizes potential impacts on existing or planned municipal services, utilities, and infrastructure.

      2.   The arrangement of open space and landscape improvements on the site with respect to how well it:

         a.   Creates a desirable and functional environment for patrons, pedestrians, and occupants;

         b.   Preserves unique natural resources where possible; and

         c.   Respects desirable natural resources on adjacent sites.

      3.   Circulation systems with respect to how well they:

         a.   Provide adequate and safe access to the site;

         b.   Minimize potentially dangerous traffic movements;

         c.   Separate pedestrian and auto circulation insofar as practical; and

         d.   Minimize curb cuts.

      4.   Parking lots or garages with respect to how well they:

         a.   Are located, designed, and screened to minimize adverse visual impacts on adjacent properties; and

         b.   Provide perimeter parking lot screening and internal landscaped islands as required by chapter 10, "Landscaping And Screening", of this title.

      5.   Landscaping design with respect to how well it:

         a.   Creates a logical transition to adjoining lots and developments;

         b.   Screens incompatible uses;

         c.   Minimizes the visual impact of the development on adjacent sites and roadways; and

         d.   Utilizes native plant materials selected to withstand the microclimate of the city and individual site microclimates.

      6.   Site illumination with respect to how it has been designed, located and installed so to minimize adverse impacts to adjacent properties; and

      7.   The relationship of the site plan to adopted land use policies and the goals and objectives of the comprehensive plan. (Ord. Z-8-98, 9-21-1998)

      8.   In addition to the foregoing, development review procedures within those districts outlined in the city's "Business District Design Guidelines", dated March 2005, and approved by the city council May 16, 2005, shall constitute standards in performing site plan review. (Ord. Z-10-05, 6-6-2005)

   E.   Basis For Approval: Approval or denial of a previously completed site plan application shall be based upon the principles set forth below:

      1.   Every use, development of land, and application of development standards shall take place in compliance with the standards of this title.

      2.   Every use, development of land, and application of development standards shall be considered on the basis of the suitability of the site for the particular use or development intended.

      3.   Every use, development of land, and application of development standards shall be considered on the basis of suitable and functional development design, but it is not intended that such approval be interpreted to require a particular style or type of architecture.

   F.   Action On Site Plans: The zoning administrator or other city body or official shall make specific written findings directed to the standards of this section. The application and the specific written findings shall then be forwarded to the relevant board, commission, or official, as the case may be, to be evaluated as part of the specific form of development review requested. (Ord. Z-8-98, 9-21-1998)

   A.   Scope: No permit pertaining to the use of land or buildings shall be issued by any officer, department, or employee of the city unless the application for such permit has been examined by the zoning administrator and has affixed to it a zoning certificate stating that the proposed building or structure complies with all the provisions of this title, or upon written order from the planning and zoning board deciding an appeal, or from the city council deciding a conditional use, variance, or planned unit development, as provided by this title. Any permit or certificate of occupancy issued in conflict with the provisions of this title shall be void. Zoning certificates also shall be required for the following: (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-29-15, 10-5-2015)

      1.   Changes of use;

      2.   Changes of occupancy (except for residential uses);

      3.   Establishment of a temporary use; subject to the regulations of section 12-8-11, "Temporary Uses", of this title;

      4.   Establishment of a home occupation, subject to the regulations of section 12-8-8, "Home Occupations", of this title;

      5.   Erection or alteration of a sign, subject to the regulations of chapter 11, "Signs", of this title;

      6.   Establishment of a residential care home, subject to the regulations of section 12-8-10, "Residential Care Homes", of this title; and (Ord. Z-8-98, 9-21-1998)

      7.   Child home care use. (Ord. Z-2-05, 2-7-2005)

   B.   Application: Applications for zoning certificates shall be filed in accordance with the requirements of section 12-3-1, "Applications And Hearings", of this chapter.

   C.   Applications For Industrial Uses: An application for a zoning certificate for an industrial use shall have affixed to it the certificate of an architect or structural engineer licensed by the state of Illinois that the building or structure and the proposed use thereof complies with the environmental performance standards of chapter 12, "Environmental Performance Standards", of this title. The zoning administrator shall, upon receipt of such application, and provided all other relevant provisions of this title are met, approve and authorize the issuance of a zoning certificate. The zoning administrator may, however, take fifteen (15) days in which to study the application, during which time he may consult with appropriate technical consultants. If after the fifteen (15) day study period the zoning administrator discovers that the building, structure or use thereof does not in fact comply with chapter 12, "Environmental Performance Standards", of this title, the architect or engineer shall be so notified in writing by the zoning administrator. Failure of the architect or engineer to show compliance within thirty (30) days of such notification shall be cause for revocation of the zoning certificate.

   D.   Action By The Zoning Administrator: Upon receipt of a properly completed application for a zoning certificate, the zoning administrator shall conduct a site plan review subject to the regulations of section 12-3-2, "Site Plan Review", of this chapter.

   E.   Failure To Obtain A Zoning Certificate: Failure to obtain a zoning certificate shall be deemed a violation of this title punishable under the provisions of chapter 4, "Enforcement And Penalties", of this title.

   F.   Limitation On Zoning Certificates: Zoning certificates issued on the basis of plans and applications approved by the zoning administrator authorize only the use or arrangement set forth in such approved plans and applications or amendments thereto, and no other use, arrangements, or construction. Any use, arrangement, or construction contrary to that authorized shall be deemed a violation of this title punishable under the provisions of chapter 4, "Enforcement And Penalties", of this title.

   G.   Records Of Zoning Certificates: Every zoning certificate issued pursuant to this section shall be kept on file by the zoning administrator and shall be considered a public record. (Ord. Z-8-98, 9-21-1998)

   A.   Purpose: The development and execution of this title is based upon the division of the city into districts within any one of which the use of land and buildings and the bulk and location of buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are conditional uses which, because of their unique character, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon the public need for the particular use of the particular location.

   B.   Authority: The city council may, in accordance with the procedures and standards set forth in this section and other regulations applicable to the district in which the subject property is located, approve by ordinance those uses listed as conditional uses within each zoning district. The zoning administrator may administratively extend an approved conditional use in accordance with subsection H of this section.

   C.   Parties Entitled To Seek Conditional Use: An application for a conditional use permit may be filed with the zoning administrator by the owner, agent of the owner, or anyone having a contractual interest in the subject property.

   D.   Procedure For Review And Decision:

      1.   Application: Applications for a conditional use permit shall be filed in accordance with the requirements of section 12-3-1, "Applications And Hearings", of this chapter. (Ord. Z-8-98, 9-21-1998)

      2.   Action By Zoning Administrator: Upon receipt of a properly completed application for a conditional use permit, the zoning administrator shall conduct a site plan review subject to the regulations of section 12-3-2, "Site Plan Review", of this chapter. The zoning administrator shall forward his written report and recommendations to the planning and zoning board for its review and recommendations.

      3.   Action By Planning And Zoning Board:

         a.   The planning and zoning board shall hold a public hearing on the application in accordance with the requirements of section 12-3-1, "Applications And Hearings", of this chapter. Notice for the public hearing shall be performed in the manner prescribed by subsection 12-3-1C, "Notice", of this chapter.

         b.   Within thirty (30) days of the close of the public hearing, the planning and zoning board shall forward its recommendation of either approval, approval with modifications, or disapproval in writing to the city council. (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-29-15, 10-5-2015)

      4.   Action By City Council:

         a.   The city council shall consider the application at its next available scheduled public meeting, and shall schedule a hearing if, in the opinion of the mayor, city manager or by written call by three (3) of the aldermen, it appears necessary and shall either approve, approve with modifications, or disapprove of the application. The failure of the city council to act at such time, or such further time to which the applicant may agree, shall be deemed to be a decision of disapproval. (Ord. Z-7-04, 1-19-2004)

         b.   If the application is approved or approved with modifications, the city council shall instruct the zoning administrator to issue a conditional use permit, listing any specific conditions specified by the council or the planning and zoning board. If the application is disapproved, the city council shall instruct the zoning administrator to provide the applicant with written notification of the council's decision.

   E.   Standards For Conditional Uses: The planning and zoning board and the city council, in their review of conditional use permit applications, shall review the particular facts and circumstances of each proposed conditional use in terms of the following standards: (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-29-15, 10-5-2015)

      1.   The proposed conditional use is in fact a conditional use established within the specific zoning district involved;

      2.   The proposed conditional use is in accordance with the objectives of the city's comprehensive plan and this title;

      3.   The proposed conditional use is designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity;

      4.   The proposed conditional use is not hazardous or disturbing to existing neighboring uses;

      5.   The proposed conditional use is to be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or the persons or agencies responsible for the establishment of the proposed conditional use shall provide adequately any such services;

      6.   The proposed conditional use does not create excessive additional requirements at public expense for public facilities and services and not be detrimental to the economic welfare of the community;

      7.   The proposed conditional use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;

      8.   The proposed conditional use provides vehicular access to the property designed that does not create an interference with traffic on surrounding public thoroughfares;

      9.   The proposed conditional use does not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance; and

      10.   The proposed conditional use complies with all additional regulations in this title specific to the conditional use requested. (Ord. Z-8-98, 9-21-1998)

   F.   Supplementary Conditions And Safeguards: The planning and zoning board may recommend and the city council may provide such conditions and restrictions upon the construction, location and operation of a conditional use as may be deemed necessary to promote the general objective of this title and to minimize any injury to the value of property in the neighborhood. Such conditions shall be expressly set forth in the ordinance granting the conditional use permit, and shall be recorded by the city as a supplement to the deed for the property, in the county recorder's office. Failure to maintain such conditions or restrictions as may have been imposed shall constitute grounds for revocation of such conditional use permit, pursuant to chapter 4, "Enforcement And Penalties", of this title. (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-29-15, 10-5-2015)

   G.   No Presumption Of Approval: The listing of a conditional use within each zoning district does not constitute an assurance or presumption that such conditional use will be approved. Rather, each proposed conditional use shall be evaluated on an individual basis, in relation to its compliance with the standards and conditions set forth in this section and with the standards for the district in which it is located, in order to determine whether approval of the conditional use is appropriate at the particular location and in the particular manner proposed.

   H.   Limitations On Conditional Uses:

      1.   No conditional use permit shall be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion. However, the city zoning administrator may extend the one year period to a mutually agreed upon time.

      2.   The approval of a proposed conditional use permit by the city council shall be deemed to authorize only that particular use at that particular location for which the conditional use was issued.

      3.   Except when otherwise provided for in this title, a conditional use shall be deemed to relate to, and be for the benefit of, the use and lot in question, rather than the owner or operator of such use or lot.

   I.   Effect Of Approval: The approval of a conditional use permit application by the city council shall not authorize the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for such permits or approvals as may be required by the regulations of the city, including, but not limited to, a zoning certificate and a building permit. (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-15-20, 6-1-2020)

   A.   Purpose: Planned unit developments are a specific type of conditional use that may be permitted only when recommended by the planning and zoning board and granted by the city council according to the standards and procedures of this section. The purpose of the planned unit development option is to permit:

      1.   A maximum choice in the types of environment available to the public by allowing a development that would not be possible under the strict application of the other sections of this title;

      2.   Permanent preservation of common open space and recreation areas and facilities;

      3.   A pattern of development to preserve natural vegetation, topographic and geologic features;

      4.   A creative approach to the use of land and related physical facilities that results in better development and design and the construction of aesthetic amenities;

      5.   An efficient use of the land resulting in more economic networks of utilities, streets and other facilities; and

      6.   A land use which promotes the public health, safety, and general welfare.

   B.   Prerequisites; Location, Ownership And Size:

      1.   Planned unit developments are authorized in each of the following zoning districts of this title subject to the regulations of this section.

      2.   The site of a planned unit development must be under single ownership and/or unified control.

      3.   The minimum size of a planned unit development shall be not less than:

         a.   In the R-1, R-2, R-3, and R-4 zoning districts: Two (2) acres; provided, however, that there is no minimum size for detached single- family and attached townhouse developments consisting of multiple principal buildings where the planned unit development is associated with a petition for annexation.

         b.   In the C-1, C-2, C-3 and C-4 zoning districts: Two (2) acres;

         c.   In the C-5 zoning district: One acre;

         d.   In the C-7 zoning district: Ten (10) acres; and

         e.   In the M-1, M-2, M-3 and I-1 zoning districts: Two (2) acres.

   C.   Permitted Bulk Exceptions And Minimum Development Standards: To achieve the intent of this section, the planning and zoning board may recommend and the city council may authorize any exceptions to the applicable bulk regulations of this title; provided however, the following minimum standards are met:

      1.   Necessity Of Bulk Exceptions: Any bulk exceptions authorized under this provision shall be solely for the purpose of promoting a unified site plan, and meeting the objective of this title and the comprehensive plan.

      2.   Perimeter Yards: The minimum front, side and rear yards on the perimeter of the planned unit development shall be provided in accordance with the underlying zoning district or districts, although exceptions may be granted. Greater minimum yards and/or landscape buffers may be required to foster aesthetically pleasing planned unit developments and to make planned unit developments more compatible with adjacent uses, to minimize possible adverse impacts and to provide privacy.

      3.   Compatibility: The uses permitted in a planned unit development must be of a type and located to minimize detrimental influence upon surrounding properties.

      4.   Parking Requirements: In no case shall the required parking be less than 75% of the base parking requirement of the uses as required collectively.

      5.   Traffic: Adequate provision shall be made to provide safe ingress and egress and designed to minimize traffic congestion in the public streets.

      6.   General Design: The planned unit development shall not be designed as to be detrimental to or endanger the public health, safety, morals, comfort or general welfare. The planned unit development shall be designed to offer more architectural features, enhanced landscaping and extra open space.

   D.   Procedure For Review And Decision: A planned unit development shall be granted as a specific type of conditional use in accordance with the procedures and standards of this section, and that of section 12-3-4, "Conditional Uses", of this chapter. The review procedure shall include the preparation and submission of both a preliminary plat and a final plat as described below:

      1.   Preapplication Conference: Prior to filing of an application for a planned unit development, the developer may request an informal meeting with the zoning administrator to discuss the development of a planned unit development. The preapplication conference is not mandatory and does not require formal application fee, or filing of a planned unit development application.

      2.   Preliminary Plat Review:

         a.   Application: Applications for a planned unit development preliminary plat shall be filed in accordance with the requirements of section 12-3-1, "Applications And Hearings", of this chapter.

         b.   Action By Zoning Administrator: Upon receipt of a properly completed application for a preliminary plat, the zoning administrator shall conduct a site plan review subject to the regulations of section 12-3-2, "Site Plan Review", of this chapter. The written report and recommendations of the zoning administrator shall be forwarded to the planning and zoning board for its review and recommendations.

         c.   Action By Planning And Zoning Board:

            (1)    The planning and zoning board shall hold a public hearing on the preliminary plat in accordance with the requirements of section 12-3-1, "Applications And Hearings", of this chapter. Notice for the public hearing shall be performed in the manner prescribed by subsection 12-3-1C, "Notice", of this chapter.

            (2)    Within thirty (30) days of the close of the public hearing, the planning and zoning board shall forward its recommendation of either approval, approval with modifications, or disapproval in writing to the city council.

         d.   Action By City Council:

            (1)    The city council shall consider the preliminary plat at its next available scheduled public meeting and either approve, approve with modifications, or disapprove of the preliminary plat by a duly adopted ordinance. The failure of the city council to act at such time, or such further time to which the applicant may agree, shall be deemed to be a decision of disapproval.

            (2)    If the application is approved or approved with modifications, the city council shall instruct the zoning administrator to accept the preliminary plat, listing any specific conditions specified by the council or by the planning and zoning board. If the application is disapproved, the city council shall instruct the zoning administrator to provide the applicant with written notification of the council's decision.

      3.   Approval Is Preliminary: Approval of a preliminary plat for a planned unit development shall not constitute approval of the final plat. Rather it shall be deemed an expression of approval of the layout submitted on the preliminary plat as a guide to the preparation of the final plat, which shall be submitted by the developer not later than 12 months (or such additional time as may be authorized by resolution of the city council) after approval of the preliminary plat. The final plat shall be approved as the final land use and zoning plat if it conforms with the preliminary land use and zoning plat.

      4.   Optional Joint Submission: The preliminary and final plat may be filed and reviewed simultaneously, if all requirements hereof are met. No building permit shall be issued for any structure until the approval of the final plat.

      5.   Final Plat Review:

         a.   The final plat for the planned unit development shall conform substantially to the approved preliminary plat. A major change shall be considered changes which alter the concept or intent of the planned unit development; including increases in density, increases in the height of buildings, reductions of proposed open space, changes in the development schedule, changes in road standards, or changes in the governing agreements, provisions, or covenants. Minor changes shall be considered any change not described as a major change.

         b.   If desired by the developer, the final plat may be submitted in stages with each stage reflecting a portion of the approved preliminary plat which is proposed to be recorded and developed; provided, however, that such portion conforms to all requirements of these regulations.

         c.   The required procedure for approval of a final plat shall be as set forth below:

            (1)    Application: Applications for a final plat shall be filed in accordance with the requirements of section 12-3-1, "Applications And Hearings", of this chapter.

            (2)    Action By Zoning Administrator: Upon receipt of a properly completed application for a final plat, the zoning administrator shall conduct a site plan review subject to the regulations of section 12-3-2, "Site Plan Review", of this chapter. The purpose of this review shall be to certify that the final plat is in conformity with these regulations and in agreement with the approved preliminary plat. The zoning administrator shall forward his written report and recommendations to the planning and zoning board for its review and recommendations.

            (3)    Action By Planning And Zoning Board:

               (A)   The planning and zoning board shall hold a public hearing on the final plat in accordance with the requirements of section 12-3-1, "Applications And Hearings", of this chapter. Notice for the public hearing shall be performed in the manner prescribed by subsection 12-3-1C, "Notice", of this chapter.

               (B)   Within thirty (30) days of the close of the public hearing, the planning and zoning board shall forward its recommendation of either approval, approval with modifications, or disapproval in writing to the city council.

            (4)    Action By City Council:

               (A)   The city council shall consider the application at its next available scheduled public meeting, and shall schedule a hearing if, in the opinion of the mayor, city manager or by written call by three (3) of the aldermen, it appears necessary and either approve, approve with modifications, by a duly adopted ordinance, or disapprove of the final plat. The failure of the city council to act at such time, or such further time to which the applicant may agree, shall be deemed to be a decision of disapproval.

               (B)   If the application is approved or approved with modifications, the zoning administrator shall issue a conditional use permit for the planned unit development, listing any specific conditions specified by the council or by the planning and zoning board for approval. If the final plat is disapproved, the city council shall instruct the zoning administrator to notify the applicant in writing.

               (C)   The city council may, as a prerequisite of approval of the conditional use permit and final plat, require the developer and/or owners of the planned unit development to enter into a development agreement with the city governing the construction, ownership, and maintenance of public and private improvements, required performance security, construction schedules and other conditions. The development agreement shall be recorded by the applicant as a supplement to the deed for the planned unit development property, in the county recorder's office.

      6.   Recording Of Final Plat: The ordinance authorizing construction of the planned unit development shall be effective only upon recording of the final plat and supporting data with the county recorder's office. No zoning certificate or other permit, allowing construction of a building or other development, shall take place until the required recording of the final plat. All recording costs shall be paid by the applicant.

   E.   Findings: The planning and zoning board and the city council, in their review of planned unit development applications, shall review the particular facts and circumstances of each proposed planned unit development and recommend or authorize approval, approval with modifications, or disapproval of the planned unit development in terms of the following findings to the extent applicable:

      1.   The extent to which the proposed plan is or is not consistent with the stated purpose of the planned unit development regulations set forth in subsection A of this section;

      2.   The extent to which the proposed plan meets the requirements and standards of the planned unit development regulations;

      3.   The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, the density, dimension, area, bulk and use and the reasons why such departures are or are not deemed to be in the public interest;

      4.   The extent to which the physical design of the proposed plan does or does not make adequate provision for public services, provide adequate control over vehicular traffic, provide for and protect designated common open space, and further the amenities of light and air, recreation and visual enjoyment;

      5.   The extent to which the relationship and compatibility of the proposed plan is beneficial or adverse to adjacent properties and neighborhood;

      6.   The extent to which the proposed plan is not desirable to the proposed plan to physical development, tax base and economic well being of the entire community; and

      7.   The extent to which the proposed plan is not in conformity with the recommendations of the comprehensive plan.

   F.   Supplementary Conditions And Safeguards: The planning and zoning board may recommend and the city council may require such conditions and restrictions upon the construction, location and operation of a planned unit development as may be deemed necessary to promote the general objective of this title and to minimize any injury to the value of property in the neighborhood. Such conditions shall be expressly set forth in the ordinance granting the conditional use permit for the planned unit development as well as the development agreement, if determined to be appropriate by the director of community and economic development, and shall be recorded by the applicant as a supplement to the deed for the property, in the county recorder's office. Failure to maintain such conditions or restrictions as may have been imposed shall constitute grounds for revocation of such conditional use permit, pursuant to chapter 4, "Enforcement And Penalties", of this title.

   G.   Changes In The Planned Unit Development After Approval: The planned unit development shall be developed only according to the approved and recorded final plat unless changed pursuant to the provisions of the minor change provisions as set forth in subsection B of this section. Changes, which alter the already approved site plan, will require a new plat for recording, after approval by the planning and zoning board and the city council. The recorded final plat, together with all recorded amendments, shall be binding on the applicants, their successors, grantees and assigns and shall limit and control the use of premises (including the internal use of buildings and structures) and location of structures in the planned unit development project as set forth therein.

      1.   "Major Changes": Changes which alter the concept or intent of the planned unit development such as the following:

         a.   Any increase in density.

         b.   Any reduction in the dimension or number of off street parking and/or loading spaces, except when the reduction provides additional mobility impaired accessible parking or electric vehicle charging spaces, and the facility, after the reduction, will fully comply with the parking requirements set forth in Chapter 9: Off Street Parking and Loading Facilities.

         c.   Any change in location and types of nonresidential land uses.

         d.   Any reduction of an amount of common open space, landscaping, or buffering.

         e.   Any changes in proportion of housing types.

         f.   Any changes in road standards.

         g.   Any changes in final governing agreements, provisions or covenants.

         h.   Any significant change to exterior elevations of buildings which alter rooflines, building materials, approved color schemes, height of buildings, or result in a significant change in architectural style.

Said changes shall require the submission by the applicant of a new application that shall be processed and approved in the same manner as required of an original application.

      2.   "Minor Changes": Minor changes are modifications that are not defined as major changes and do not alter the concept or intent of a planned unit development. The director of community and economic development may approve minor changes that meet the criteria set forth in this subsection through an administrative adjustment process without the approval of the city council. The director of community and economic development shall report the proposed minor changes to the council in writing through the city manager.

      3.   Recording Of Changes: All changes to the final plat shall be recorded with the county recorder's office as amendments to the final plat, or reflected in the recording of a new corrected final plat.

   H.   Schedule: The city council shall consider revocation of the planned unit development if construction falls more than 18 months behind the construction schedule filed with the final plat. The developer shall be notified at least ninety (90) days preceding any revocation proceeding. The city council may, upon request, modify the recorded construction schedule of a planned unit development. (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-7-04, 1-19-2004; Ord. Z-27- 05, 11-21-2005; Ord. Z-8-13, 4-1-2013; Ord. Z-11-15, 5-18-2015; Ord. Z-29-15, 10-5-2015; Ord. Z-22-16, 9-6-2016; Ord. Z-29-16, 12-5-2016; Ord. Z-30-16, 12- 5-2016; Ord. Z-13-19, 6-3-2019; Ord. Z-15-20, 6-1-2020; Ord. Z-55-21, 12-6-2021; Ord. Z-23-23, 9-5-2023)

   A.   Statement Of Purpose: The purpose and intent of these provisions is to permit the construction of residential dwelling units on the same zoning lot as commercial developments.

   B.   Objectives: While protecting the aesthetic character of the community, proposed developments shall accomplish the following objectives:

      1.   Contribute to the economic viability of existing commercial areas; and

      2.   Encourage the implementation of innovative housing options, by providing alternatives to the typical detached single-family dwelling unit.

   C.   Special Uses:

      1.   Mixed use developments are allowed as a conditional use in the C-3 general commercial zoning districts.

      2.   Commercial uses proposed for inclusion in a mixed use development shall comply with the uses identified by zoning district in section 12-7-3, table 3, "Commercial Districts Use Matrix", of this title.

      3.   Residential uses proposed for inclusion in mixed use development shall conform to the regulations as listed in this section.

   D.   Site Specifications:

      1.   Minimum Lot Area; Residential Development: Not less than one thousand eight hundred fifteen (1,815) square feet per dwelling unit (24 dwelling units per acre).

      2.   Minimum Yards:

         a.   Front Yard: A front yard of five feet (5') is allowed, but if a zero foot (0') setback is requested that does not pose potential traffic conflicts and encourages pedestrian orientation, a variation may be permitted.

         b.   Side Yard: A side yard of zero feet (0') is allowed, but if a side yard is provided, it shall not be less than five feet (5').

         c.   Rear Yard: A minimum rear yard of twenty five feet (25') or twenty percent (20%) of lot depth whichever is less.

      3.   Maximum Height: Forty five feet (45').

   E.   Design Criteria:

      1.   Commercial activity shall be located at the street level with residential dwelling units permitted above or behind the space.

      2.   Strict adherence to the design criteria outlined in the "Business District Guidelines" shall be required.

   F.   Parking Requirements (Mixed Use Developments):

      1.   General Requirements: The parking requirements for mixed use developments shall be determined on a case by case basis analyzing the parking demand for each use and how sharing the parking spaces shall be used to ensure that times of maximum usage will not overlap. The following evaluation criteria shall apply:

         a.   Section 12-9-7, "Off Street Parking Requirements", of this title.

         b.   In no case shall the required parking be less than 75% of the base parking requirement of the uses as required collectively.

         c.    Of the total spaces provided, at least two reserved spaces per residential unit must be provided; provided, however, when the subject property is within 2,500 feet of an operational or proposed passenger rail train station or an operational rapid transit bus platform, the following off street parking regulations shall apply.

 

 

   A.   Purpose: The variation procedure is intended to provide a narrowly circumscribed means by which relief may be granted from unforeseen applications of this title that create practical difficulties or particular hardships. When such difficulties or hardships are more appropriate for remedy, if at all, pursuant to other provisions of this chapter, the variation procedure is necessarily inappropriate.

   B.   Authority: In accordance with the procedures and standards set out in this section, the city council, the planning and zoning board, and the zoning administrator shall have the authority to grant variations from the provisions of this title, but only in those specific instances enumerated in subsections E through G of this section and then only in accordance with each of the standards enumerated in subsection H of this section.

   C.   Parties Entitled To Seek Variations: An application for a variation may be filed with the zoning administrator by the owner, agent of the owner, or anyone having a contractual interest in the subject property.

   D.   Application: Applications for a variation shall be filed in accordance with the requirements of section 12-3-1, "Applications And Hearings", of this chapter. The zoning administrator shall notify the petitioner, the planning and zoning board, and the city council as to the type of variation being requested (minor, standard, or major) and whose authority the application falls under.

   E.   Minor Variations (Zoning Administrator):

      1.   Authorized Variations: Variations from the regulations of this title may be granted by the zoning administrator only in the following instances, and then only in accordance with the standards set forth in subsection H of this section:

         a.   To vary any required front, side or rear yard setback provided, however, the variation shall not exceed the yard required by the applicable district regulations by more than thirty percent (30%).

         b.   To vary the height, type, and location of any fence provided, however, that no barb wire or electrical fence shall be permitted within any residential district.

         c.   Notwithstanding subsection E1a of this section, the replacement or expansion of an existing detached garage located within a residential district, or the expansion of an existing structure located within a residential district, may be approved provided, the replacement or expansion does not further encroach into the required side yard than what presently existed prior to the replacement or expansion.

         d.   To vary the location of accessory structures for lots that are "double frontage lots" or lots that are both "corner" and "double frontage lots" (lots at the end of a block with 3 street frontages), where the construction or installation of an accessory structure is in the area of the lot between the principal structure and the street of secondary frontage, which shall be a collector or arterial street, or shall be Jarvis Avenue or Birchwood Avenue.

         e.   To vary the size, location, and number of parking or driveway areas as established in subsections 12-9-6B3 and C of this title when a property improved with a residential single-family detached dwelling cannot accommodate two off street parking spaces within a garage, carport, on a surface driveway or a combination thereof. For the purposes of this subsection E.1.e, a “parking space” is a space measuring nine feet wide and 18 feet deep. No minor variation shall be issued for requests that, if granted, would result in more than two parking spaces on the property.

         f.   To vary the Building Design Standards for a detached single family house pursuant to section 12-3-11-D.2.a.(2) Materials For All Building Elevations of this title.

         g.   To vary the open storage requirements in the M-2 District pursuant to section 12-7-4.E.5.a. of this title.

         h.   To vary the setback of a driveway area located in a required yard for a property located within the R-1 Single Family Residential and R-2 Two Family Residential districts, or in any other district where a zoning lot is improved with a lawfully established single-family detached dwelling.

         i.   To vary the required screening for mechanical equipment including required height, landscaping, and materials pursuant to Section 12-10-11B.

         j.   To vary the foundation landscaping requirements pursuant to Section 12-10-10.

         k.   To vary for public utility uses the permitted ground cover materials pursuant to Section 12-10-6 of this title and the surface materials for off street parking and outdoor storage areas pursuant to Section 12-9-6.

      2.   Procedure For Review And Decision:

         b.   Within fifteen (15) days of the close of the hearing, or completion of site plan review where no hearing was requested the zoning administrator shall, by written findings either approve, approve with modifications, or disapprove the application. The failure of the Zoning Administrator to act in such fifteen (15) days, or such further time to which the applicant may agree, shall be deemed to be a decision of disapproval.

         c.   If the application is approved or approved with modifications, the Zoning Administrator shall issue a variation permit, listing any specific conditions specified by the Administrator for approval. If the application is disapproved, the Zoning Administrator shall provide the applicant with written notification of his decision.

   F.   Standard Variations (Planning And Zoning Board):

      1.   Authorized Variations: Variations from the regulations of this title may be granted by the Planning and Zoning Board in the following instances, and then only in accordance with the standards set out in subsection H of this section:

         a.   To vary any required front, side or rear yard setback more than thirty percent (30%) of the yard required by the applicable district regulations.

         b.   To permit the improvement of a lot for a use otherwise prohibited solely because of the insufficient lot area, but in no event shall the area of the lot be less than eighty percent (80%) of the required lot area.

         c.   To vary the applicable off street parking or loading requirements up to but not more than thirty percent (30%) of the applicable regulations, except for multi-family buildings in R-4, Central Core Residential and C-5, Central Business Zoning Districts. All variation petitions for off street parking requirements for multi-family dwellings in R-4, Central Core Residential and C-5, Central Business Districts shall be approved by the City Council.

         d.   To vary the lot frontage requirements set forth in the residential districts up to but not more than thirty percent (30%) of the applicable district requirement.

         e.   To vary the maximum lot requirements set forth in the residential districts up to but not more than twenty percent (20%) of the applicable district requirement.

         f.   To vary the dimension of any sign (height, length, width, or area) up to but not more than ten percent (10%) of the corresponding dimensions normally permitted by chapter 11, "Signs", of this title.

      2.   Procedure For Review And Decision:

         a.   Action By Zoning Administrator: Upon receipt of a properly completed application for a standard variation, the Zoning Administrator shall conduct a site plan review subject to the requirements of section 12-3-2, "Site Plan Review", of this chapter. The Zoning Administrator shall forward his written report and recommendations to the Planning and Zoning Board for its review and decision.

         b.   Action By Planning And Zoning Board:

            (1)    The Planning and Zoning Board shall hold a public hearing on the application in accordance with the requirements of section 12-3-1, "Applications And Hearings", of this chapter. Notice for the public hearing shall be performed in the manner prescribed by subsection 12-3-1C, "Notice", of this chapter.

            (2)    Within thirty (30) days of the close of the public hearing, the Planning and Zoning Board shall in writing either approve, approve with modifications, or disapprove of the application. The failure of the Planning and Zoning Board to act in such thirty (30) days, or such further time to which the applicant may agree, shall be deemed to be a decision of disapproval.

            (3)    If the application is approved or approved with modifications, the Planning and Zoning Board shall instruct the Zoning Administrator to issue a variation permit, listing any specific conditions specified by the board or by the Zoning Administrator. If the application is disapproved, the board shall instruct the Zoning Administrator to provide the applicant with written notification of the board's decision.

   G.   Major Variations (City Council):

      2.   Procedure For Review And Decision:

         a.   Action By Zoning Administrator: Upon receipt of a properly completed application for a major variance, the zoning administrator shall conduct a site plan review subject to the requirements of section 12-3-2, "Site Plan Review", of this chapter. The zoning administrator shall forward his written report and recommendations to the planning and zoning board for its review and recommendations.

         b.   Action By Planning And Zoning Board:

            (1)    The planning and zoning board shall hold a public hearing on the application in accordance with the requirements of section 12-3-1, "Applications And Hearings", of this chapter. Notice for the public hearing shall be performed in the manner prescribed by subsection 12-3-1C, "Notice", of this chapter.

            (2)    Within thirty (30) days of the close of the public hearing, the planning and zoning board shall forward its recommendation of either approval, approval with modifications, or disapproval in writing to the city council.

         c.   Action By City Council:

            (1)    The city council shall consider the application at its next available scheduled public meeting, and shall schedule a hearing if, in the opinion of the mayor, city manager or by written call by three (3) of the aldermen, it appears necessary and shall either approve, approve with modifications, or disapprove of the application. The failure of the city council to act at such time, or such further time to which the applicant may agree, shall be deemed to be a decision of disapproval.

            (2)    If the application is approved or approved with modifications, the zoning administrator shall issue a variation permit, listing any specific conditions specified by the council or the planning and zoning board. If the application is disapproved, the city council shall instruct the zoning administrator to provide the applicant with written notification of the council's decision.

   H.   Findings Of Fact For Variations: A variation from the terms of this title shall not be granted unless the reviewing authority makes specific written findings of fact directly based on the standards and conditions imposed by this section and any conditions imposed by the reviewing authority, to the extent each may be applicable.

      1.   Hardship: No variation shall be granted pursuant to this subsection H unless the applicant shall establish that carrying out the strict letter of the provisions of this title would create a particular hardship or a practical difficulty.

      2.   Unique Physical Condition: The subject lot is exceptional as compared to other lots subject to the same provision by reason of a unique physical condition, including presence of an existing use, structure, or sign, whether conforming or nonconforming; irregular or substandard shape or size; exceptional topographical features; or other extraordinary physical conditions peculiar to and inherent in the subject lot that amount to more than a mere inconvenience to the owner and that relate to or arise out of the lot rather than the personal situation of the current owner of the lot.

      3.   Not Self-Created: The aforesaid unique physical condition is not the result of any action or inaction of the owner or its predecessors in title and existed at the time of the enactment of the provisions from which a variance is sought or was created by natural forces or was the result of governmental action, other than the adoption of this title.

      4.   Denied Substantial Rights: The carrying out of the strict letter of the provision from which a variance is sought would deprive the owner of the subject lot of substantial rights commonly enjoyed by owners of other lots subject to the same provision.

      5.   Not Merely Special Privilege: The alleged hardship or difficulty is neither merely the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision, nor merely the inability of the owner to make more money from the use of the subject lot.

      6.   Title And Plan Purposes: The variation would not result in a use or development of the subject lot that would be not in harmony with the general and specific purposes for which this title and the provision from which a variation is sought were enacted or the general purpose and intent of the comprehensive plan.

      7.   No Other Remedy: There is no means other than the requested variation by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject lot.

      8.   Minimum Required: The requested variation is the minimum measure of relief necessary to alleviate the alleged hardship or difficulty presented by the strict application of this title.

   I.   Variation Less Than Requested: The reviewing authority may grant variations less than or different from that requested when the record supports the applicant's right to some relief but not to the entire relief requested.

   J.   Conditions On Variations: The reviewing authority may impose such specific conditions and limitations concerning use, construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this title upon any lot benefited by a variation as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject lot or upon public facilities and services. Such conditions shall be expressly set forth in the ordinance or order granting the variation. Violation of any such condition or limitation shall be a violation of this title and shall constitute grounds for revocation of the variation.

   K.   Effect Of Grant Of Variation: The grant of a variation shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits and approvals that may be required by this title or other ordinances of the city.

   L.   Limitations On Variations:

      1.   Subject to an extension of time granted by the zoning administrator, no variation from the provisions of this title shall be valid for a period longer than twelve (12) months unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a certificate of occupancy is issued and a use is commenced within that period.

      2.   A variation shall be deemed to authorize only the particular construction or development for which it was issued and shall automatically expire and cease to be of any force or effect if such construction or development is beyond the scope so authorized. (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-7-04, 1-19-2004; Ord. Z-8-14, 4-7-2014; Ord. Z-14-15, 7-6-2015; Ord. Z-29-15, 10-5- 2015; Ord. Z-31-18, 10-15-2018; Ord. Z-18-19, 8-5-2019; Ord. Z-3-20, 1-6-2020; Ord. Z-20-22, 8-1-2022; Ord. Z-5-23, 2-21-2023; Ord. Z-19-24, 9-16-2024; Ord. Z-23-25, 8-18-2025)

   A.   Purpose: The purpose of this section is to provide standards and procedures for making amendments to the text of this title and the zoning map that are of general significance or application. This amendment process is not intended to relieve particular hardships nor to confer special privileges or rights upon any person, but only to make adjustments necessary in light of changed conditions or changes in public policy.

   B.   Authority: The text of this title and the zoning map may be amended from time to time by the passage of an ordinance duly adopted by the city council in accordance with the procedures set forth in this section. (Ord. Z-8-98, 9-21-1998)

   C.   Parties Entitled To Initiate Amendments: Amendments may be proposed by the planning and zoning board, or the city council as the legislative body of the city of Des Plaines or by any resident or owner of property in the city of Des Plaines. (Ord. Z-7-04, 1-19-2004; amd. Ord. Z-29-15, 10-5-2015)

   D.   Procedure For Review And Decision: An application to amend the text of the zoning ordinance or the zoning map shall be processed in accordance with the procedures set forth below:

      1.   Application: Applications for an amendment shall be filed in accordance with the requirements of section 12-3-1, "Applications And Hearings", of this chapter. (Ord. Z-8-98, 9-21-1998)

      2.   Action By Zoning Administrator: Upon receipt of a properly completed application for an amendment, the zoning administrator shall conduct a site plan review subject to the requirements of section 12-3-2, "Site Plan Review", of this chapter. The zoning administrator shall forward his written report and recommendations to the planning and zoning board for its review and recommendations.

      3.   Action By Planning And Zoning Board:

         a.   The planning and zoning board shall hold a public hearing on the application in accordance with the requirements of section 12-3-1, "Applications And Hearings", of this chapter. Notice for the public hearing shall be performed in the manner prescribed by subsection 12-3-1C, "Notice", of this chapter.

         b.   Within thirty (30) days of the close of the public hearing, the planning and zoning board shall forward its written recommendation of either approval, approval with modification, or disapproval to the city council. (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-29-15, 10-5-2015)

      4.   Action By City Council:

         a.   The city council shall consider the application at its next available scheduled public meeting, and shall schedule a hearing if, in the opinion of the mayor, city manager or by written call by three (3) of the aldermen, it appears necessary and either approve, approve with modifications by a duly adopted ordinance, or disapprove of the application. The failure of the city council to act at such time, or such further time to which the applicant may agree, shall be deemed to be a decision of disapproval. (Ord. Z-7-04, 1-19-2004)

         b.   If the application is approved or approved with modifications, the city council shall instruct the zoning administrator to amend the text of this title or the zoning map, listing any specific conditions specified by the council or by the planning and zoning board. If the application is disapproved, the city council shall instruct the zoning administrator to provide the applicant with written notification of the council's decision. (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-29-15, 10-5-2015)

         c.   Notwithstanding the foregoing, in cases of amendment of the text of this title (as distinguished from amendments to the zoning classification and zoning map of the city) the city council may institute such text amendment changes by directing staff to prepare such textual changes without having to bring said changes before the planning and zoning board. (Ord. Z-24-03, 7-21-2003; amd. Ord. Z-29-15, 10-5-2015)

   E.   Standards For Amendments: The determination to amend the text of this title or the zoning map is a matter committed to the sound legislative discretion of the city council and is not controlled by any one standard. In making their determination, however, the city council should, in determining whether to adopt or deny, or to adopt some modification of the planning and zoning board's recommendation, consider, among other factors, the following: (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-29-15, 10-5-2015)

      1.   Whether the proposed amendment is consistent with the goals, objectives, and policies of the comprehensive plan, as adopted and amended from time to time by the city council;

      2.   Whether the proposed amendment is compatible with current conditions and the overall character of existing development in the immediate vicinity of the subject property;

      3.   Whether the proposed amendment is appropriate considering the adequacy of public facilities and services available to this subject property;

      4.   Whether the proposed amendment will have an adverse effect on the value of properties throughout the jurisdiction; and

      5.   Whether the proposed amendment reflects responsible standards for development and growth. (Ord. Z-8-98, 9-21-1998)

   A.   Purpose: The interpretation authority established by this section is intended to recognize that the provisions of this title, though detailed and extensive, cannot, as a practical matter, address every specific situation to which they may have to be applied. Many such situations can be readily addressed by an interpretation of the specific provisions of this title in light of the general and specific purposes for which those provisions have been enacted. Because the interpretation authority established is an administrative rather than a legislative authority, it is not intended to add to or change the essential content of this title but is intended only to allow authoritative application of that content to specific cases.

   B.   Authority: The zoning administrator, subject to the procedures, standards, and limitations of this section may, by written order, render interpretations of the provisions of this title including use interpretation and of any rule or regulation issued pursuant to it.

   C.   Parties Entitled To Seek Interpretations: Applications for interpretations may be filed by an owner, agent of the owner, or any person having contractual interest in property that gives rise to the need for an interpretation; provided that interpretations shall not be sought by any person based solely on hypothetical circumstances or where the interpretation would have no effect other than as an advisory opinion.

   D.   Procedure For Review And Decision:

      1.   Application: Applications for interpretations of this title shall be filed in accordance with the requirements of section 12-3-1, "Applications And Hearings", of this chapter.

      2.   Action On Application: Within fifteen (15) working days following the receipt of a properly completed application for an interpretation, the zoning administrator shall inform the applicant in writing of his decision, stating the specific precedent, reasons, and analysis upon which the determination is based. The failure of the zoning administrator to act within fifteen (15) working days, or such further time to which the applicant may agree, shall be deemed to be a decision denying the application rendered on the day following such fifteen (15) day period.

      3.   Records: A record of all applications for interpretations shall be kept on file in the office of the zoning administrator. At least once a year, the zoning administrator shall make public a listing of his decisions, by address, regarding the applications for interpretation. (Ord. Z-8-98, 9-21-1998)

      4.   Appeals: Appeals from interpretations rendered by the zoning administrator may be taken to the planning and zoning board pursuant to section 12-3-9, "Appeals", of this chapter.

   E.   Standards For Use Interpretations: The following standards shall govern the zoning administrator, and the planning and zoning board on appeals from a decision of the zoning administrator, in issuing use interpretations: (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-29-15, 10-5-2015)

      1.   Any use defined in chapter 13, "Definitions", of this title shall be interpreted as therein defined;

      2.   No use interpretation shall permit any use in any district unless evidence shall be presented that demonstrates that it will comply with the general district regulations established for that particular district;

      3.   No use interpretation shall permit any use in a district unless such use is similar to other uses permitted in the district and is more similar to those uses than to uses permitted in a more restrictive district;

      4.   If the proposed use is most similar to a use permitted only as a conditional use in the district in which it is proposed to be located, then any interpretation permitting such use shall be conditioned on the issuance of a conditional use permit for such use pursuant to section 12-3-4, "Conditional Uses", of this chapter; and

      5.   No use interpretation shall permit the establishment of any use that would be inconsistent with the statement of purpose of the district in question.

   F.   Effect Of Favorable Use Interpretations: No use interpretation finding a particular use to be permitted or allowed as a conditional use in a particular district shall authorize the establishment of such use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits and approvals that may be required by this title and other ordinances of the city including, but not limited to, a building permit, a certificate of occupancy, subdivision approval, and site plan approval.

   G.   Limitations On Use Interpretations:

      1.   Subject to an extension of time granted by the zoning administrator, no use interpretation shall be valid for a period longer than twelve (12) months from the date of issue.

      2.   An interpretation finding a use to be permitted, or permitted as a conditional use in a particular district, shall be deemed to authorize only the particular use for which it was issued, and such permit shall not be deemed to authorize any allegedly similar use for which a separate use interpretation has not been issued. (Ord. Z-8-98, 9-21-1998)

   A.   Purpose: The appeal procedure is provided as a safeguard against arbitrary, ill considered, or erroneous administrative decisions. It is intended to avoid the need for legal action by establishing local procedures to review and correct administrative errors. It is not, however, intended as a means to subvert the clear purposes, meanings, or intent of this title, or the rightful authority of the zoning administrator to enforce the requirements of this title. To these ends, the reviewing body should give all proper deference to the spirit and intent embodied in the language of this title and to the reasonable interpretations of that language by those charged with the administration of this title. (Ord. Z-24-05, 8-29-2005)

   B.   Authority: The planning and zoning board shall hear and decide appeals from, and review orders, decisions, interpretations, or the failure to act, of the zoning administrator acting pursuant to his authority and duties under this title and to that end the planning and zoning board shall have the same powers and be subject to the same standards and limitations as the zoning administrator with respect to any order, decision, or interpretation being appealed.

   C.   Parties Entitled To Appeal: An appeal may be taken to the planning and zoning board by any person, firm or corporation, or by any officer, department, board or bureau aggrieved by a decision of the zoning administrator. Such appeal shall be taken within thirty (30) days after the alleged erroneous order, decision or interpretation. (Ord. Z-24-05, 8-29-2005; amd. Ord. Z-29-15, 10-5-2015)

   D.   Procedure:

      1.   Application:

         a.   Applications for an appeal shall be filed in accordance with the requirements of section 12-3-1, "Applications And Hearings", of this chapter. (Ord. Z-24-05, 8-29-2005)

         b.   An application for an appeal shall stay all proceedings in furtherance of the action appealed from, unless the zoning administrator certifies to the planning and zoning board, after the notice of appeal has been filed with him, that, by reason of facts stated in the application, a stay would in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the planning and zoning board or by a court of record on application, on notice to the zoning administrator and on due cause shown.

      2.   Action By Zoning Administrator: Upon receipt of a properly completed application for an appeal, the zoning administrator shall state in writing the order, decision or interpretation being appealed and his justification for such order, decision, or interpretation. The statement and report of the zoning administrator shall be forwarded to the planning and zoning board for its review and decision. (Ord. Z-24-05, 8-29-2005; amd. Ord. Z-29-15, 10-5-2015)

      3.   Action By Planning And Zoning Board:

         a.   The planning and zoning board shall hold a public hearing on the application within thirty (30) days of the statement and report of the zoning administrator in accordance with the requirements of section 12-3-1, "Applications And Hearings", of this chapter. Notice for the public hearing shall be performed in the manner prescribed by subsection 12-3-1C, "Notice", of this chapter. The planning and zoning board and the applicant may jointly agree to extend the time for a public hearing.

         b.   The planning and zoning board may affirm or may, reverse, wholly or in part, or modify the order, decision or interpretation of the zoning administrator. Such decision shall be made within thirty (30) days of the close of the public hearing. The failure of the planning and zoning board to act in such thirty (30) days, or such further time to which the applicant may agree, shall be deemed to be a decision of denying the appeal.

         c.   Once the planning and zoning board has rendered its decision, the board shall so inform the zoning administrator and instruct the zoning administrator to provide the applicant written notification of the planning and zoning board's decision. (Ord. Z-14-15, 7-6-2015; amd. Ord. Z-29-15, 10-5-2015)

   E.   Right To Grant Variance In Deciding Appeals: In any case where the application for appeal is accompanied by an application for a variation in accordance with section 12-3-6, "Variations", of this chapter, the planning and zoning board shall hear and decide such variation in compliance with the provisions of section 12-3-6, "Variations", of this chapter.

   F.   Conditions And Limitations On Rights Granted By Appeal: In any case where this title imposes conditions and limitations upon any right, any such right granted by the planning and zoning board on appeal shall be subject to such conditions and limitations in the same manner and to the same extent as if secured without the necessity of an appeal. (Ord. Z-24-05, 8-29-2005; amd. Ord. Z-29-15, 10-5-2015)

   A.   Established: Except for costs for variations to one- and two- family dwellings, every petition filed and processed pursuant to this zoning code that requires the city to incur costs or expenses associated with the review of the petition shall be subject to the requirements set forth in this section. The recovery of city costs and fees shall be in addition to any and all other filing fees and other charges established by the city. For purposes of this section, the word "petition" is deemed to include and refer to any and all petitions and applications filed or processed pursuant to this zoning code.

   B.   Responsibility For Payment: The owner of the property that is the subject of the petition and, if different, the petitioner, shall be jointly and severally liable for the payment of recoverable costs and fees. By signing the petition, the owner or petitioner shall be deemed to have agreed to pay, and to have consented to payment of recoverable costs and fees, plus any costs of collection, that have not been paid within thirty (30) days following the mailing of a written demand for payment to the owner or petitioner at the address set forth on the petition, including any additional recoverable costs and fees assessed. Any lien filed pursuant to this subsection may be foreclosed in the manner provided for mortgages or mechanics’ liens under Illinois law. Further any failure to pay said cost and fees may constitute grounds for denial of the relief petitioned for or of the project itself.

   C.   Recoverable Costs: The recoverable costs and fees incurred by the city in processing a petition shall include, but not be limited to, the following items:

      1.   Preparation, publication, and mailing of notices, including fees charged by the local newspaper of record and costs incurred for postage and printing, plus an administrative fee of one dollar ($1.00) for each mailed notice;

      2.   Court reporter, including the cost of two (2) transcripts, or any subsequent transcription of audio/video recordings;

      3.   Professional and technical consultant services and fees;

      4.   The fees and costs of a hearing officer, if any;

      5.   Cost of the city attorney and assistant city attorney measured by their time expended and multiplied by their hourly rate of pay. The costs of any city retained attorney or law firm, for consultation, meeting attendance, document preparation, advice and review;

      6.   Copy reproduction;

      7.   Costs of document recordation by the county plus an additional fee for recording of fifty dollars ($50.00);

      8.   Mailing costs, exclusive of required notices; and

      9.   Proof of ownership or title searches.

   D.   Payment Of Recoverable Costs And Recoverable Cost Escrow:

      1.   Charges Against Petitioner: From the date of filing any petition, the city shall maintain an accurate record of the actual costs and fees of processing the petition. The city may, from time to time, invoice for such actual costs and fees. The city shall maintain an accurate record of all the costs and fees and time expended.

      2.   Final Settlement: As soon as reasonably feasible following final action on a petition, the city shall prepare a final invoice in connection with the petition and of the actual cost and fees of processing the petition and shall make a final charge of the actual costs and fees. A copy of the invoice shall be provided to the owner and the petitioner for prompt payment thereof.

   E.   Condition Of All Petitions, Approvals And Permits: No petition filed pursuant to this zoning code shall be considered complete unless and until all costs and fees, filing fees and deposits due pursuant to this chapter have been paid. Every approval granted and every permit issued pursuant to the zoning code shall, whether or not expressly so conditioned, be deemed to be conditioned upon payment of recoverable costs and fees as required by this section.

   F.   Tolling Time Periods: Where this zoning code provides that the passage of time without decision or action shall be deemed an approval or a recommendation for approval, time periods shall be tolled during any period of nonpayment of the recoverable costs and fees and deposits due pursuant to this section.

   G.   Failure To Pay Recoverable Costs And Fees: The failure to pay in full when due any recoverable cost, fee or deposit required under this section shall be grounds for refusing to process a petition and for denying or revoking any permit, or approval sought or issued with respect to the land or development to which the unpaid recoverable cost, fee or deposit relates. (Ord. Z-39-06, 11-20-2006; amd. Ord. Z-5-22, 3-21-2022)

   A.   Purpose: Building design review is required to promote orderly and harmonious growth of the city through high quality and compatible development, to improve the design and appearance of existing buildings and properties, to promote design compatibility among buildings and groups of buildings, and to enhance the pedestrian oriented character and overall visual image of the city.

   B.   Staff Design Review Committee; Authority: The zoning administrator shall appoint a staff design review committee consisting of three (3) staff members of the department of community and economic development. The zoning administrator and the staff design review committee shall be responsible for conducting building design review in accordance with the provisions of this section. The zoning administrator, upon recommendation of the staff design review committee, may approve a design that varies from the strict interpretation of the Building Design Review code through a minor variation in order to avoid a building that would not be in harmony with the surrounding neighborhood or would be difficult to achieve.

   C.   Applicability: Building design review plans that contain the information set forth in section 12-14-9, "Minimum Submission Requirements For Building Design Review", of this title, and any other information that may be requested by the Zoning Administrator, shall be submitted to the Department of Community and Economic Development with any development review application for the following construction or alteration activities:

      1.   Detached Single-Family and Two-Family Residential Dwellings:

         a.   Construction of a new principal structure; and

         b.   Additions to principal structures resulting in greater than a 50 percent change of conditioned floor area as defined by the city building code as set forth in Title 10, chapter 1 of this code.

      2.   All others:

         a.   Construction of a new principal structure;

         b.   Appearance altering renovations to the front or corner facades of a principal structure; and

         c.   Additions to principal structure resulting in greater than a 15 percent change of conditioned floor area as defined by the city building code as set forth in Title 10, chapter 1 of this code.

   D.   Standards For Building Design Review: All building design review plans must meet the standards set forth in table 1 of this section. For the purposes of this section and table 1 of this section, the following terms shall have the following meanings:

      1.   Street Facade Transparency Requirements And Blank Wall Limitations:

         a.   Transparency:

            (1)   “Transparency” means the measurement of the percentage of a building facade that has highly transparent, nonreflecting windows.

            (2)    "Minimum transparency" means the minimum amount of transparency required on building facades with street frontage, measured per building story or per facade, depending on the type of building.

         b.   Blank Wall Limitations: "Blank wall limitations" means a restriction on the amount of windowless area permitted on a building facade with street frontage. If blank wall limitations are listed as "required" within table 1 of this section for a certain type of building, the following standards shall be met:

            (1)   No rectangular area greater than 30 percent of a story’s facade, as measured from the floor of one story to the floor of the next story, may be windowless; and

            (2)   No part of a story’s facade may be windowless for a horizontal distance greater than 15 feet.

         c.   Entrance Locations: "Principal building entrance location" means the building facade where the primary building entrance is or will be located.

      2.   Materials For All Building Elevations:

         a.   "Permitted elevation materials" means the primary building materials that are permitted to be used in the construction or alteration of all building exterior elevations of a certain type of building. Additional residential construction requirements are as follows:

            (1)   Detached one-story, single-family and two-family residential shall be constructed with 100 percent face brick, natural stone, or anchored or adhered masonry veneer on all exterior elevations.

            (2)   Detached multi-level or multi-story single-family and two- family residential shall be constructed with 100 percent face brick, natural stone, or anchored or adhered masonry veneer on all ground floor and first floor street facing elevations and a minimum of eight feet (8') from the top of foundation on all remaining elevations. Any floors above the first floor shall follow the Building Design Standards Table found in this chapter.

            (3)   Attached single and multi-family residential shall be constructed with 100 percent face brick, natural stone, or anchored or adhered masonry veneer on all street facing and side elevations with at least two complimentary colors or materials and a minimum of eight feet from the top of foundation on all remaining elevations.

         b. "Permitted upper story facade materials" means the additional building materials that are permitted to be used in the construction or alteration of upper story facades of a certain type of building.

         c. Reserved.

         d. "Prohibited facade materials" means building materials that are not permitted to be used in the construction or alteration of any portion of any building facade that is visible from any street.

TABLE 1
BUILDING DESIGN STANDARDS

 

Notes:

1. Finishing systems (EIFS) may be used as a permitted ground story material as an accent material. Such material shall only be used when installed at least eight feet (8') above the finished first floor.

   F.   Action On Building Design Review: Upon receipt of a properly completed development review application and building design review plans, the Zoning Administrator and Staff Design Review Committee shall review the building design review plans to determine compliance with the standards set forth in table 1 and subsection D, "Standards For Building Design Review", of this section. The Zoning Administrator and Staff Design Review Committee shall forward a written report and recommendations to the applicant. If the zoning administrator determines that the application does not comply with the standards set forth in table 1 and subsection D, “Standards for Building Design Review”, the applicant shall apply for a minor variation to authorize the deviation(s) from the applicable standards. If the minor variation is denied, the applicant may appeal the zoning administrator’s decision to the planning and zoning board pursuant to section 12-3-9, “Appeals”, of this chapter. (Ord. Z-11-14, 4-7-2014; amd. Ord. Z-29-15, 10-5-2015; Ord. Z-35-18, 12-3-2018; Ord. Z-18-19, 8-5-2019; Ord. Z-25-25, 9-2-2025)

   A.   Scope: Any person may request a zoning verification letter from the City to verify the current zoning classification, lot, setback, bulk, and use regulations applicable to an existing property or structure within the corporate limits of the City of Des Plaines.

   B.   Request For Zoning Verification Letter: A request for a zoning verification letter must be made in writing on the form provided by the City and submitted to the Community and Economic Development Director or his/her authorized designee.

   C.   Fee: Any person who submits a request for a zoning verification letter shall pay a fee of thirty five dollars ($35.00) to the City at the time the request is submitted. (Ord. Z-1-19, 1-7-2019)