1. Applicability. The “common provisions” of this Section apply to all of the procedures in this Article unless otherwise expressly stated.
2. Review and Decision-making Authority. Table 12-1 provides a summary of the review and approval procedures of this Article. In the event of conflict between Table 12-1 and the detailed procedures contained elsewhere in this Article, the detailed procedures govern.
   Table 12-1: Review and Decision-Making Summary Table

   Procedure	Community Development Director	Planning & Zoning Commission	Village Council
   Zoning Ordinance Text Amendments	R	<R>	DM
   Zoning Map Amendments	R	<R>	DM
   Planned Unit Developments
   PUD Development Plan	R	<R>	DM
   PUD Site Plan	DM	<R>[1]	A
   Special Uses	R	<R>	DM
   Zoning Compliance Determination	DM	<A>	-
   Certificates of Occupancy	DM	<A>	-
   Administrative Adjustments	DM	<A>	-
   Zoning Exceptions	R	<DM>	-
   Variations	R	<DM>	DM[2]
   Appeals of Administrative Decisions	-	<DM>	-

   
   R = Review body (responsible for review and recommendation)
   DM = Decision-making body (responsible for final decision to approve or deny)
   A = Appellate decision-making body responsible for final decision only upon appeal of administrative decision
   < > = Public hearing required
   [1] Review authority only in case of appeals of the Community Development director’s decision
   [2] Where variations are requested in conjunction with a Planned Unit Development or Special Use Petition, it may be heard by the Planning and Zoning Commission and the Planning and Zoning Commission shall make a recommendation to the Village Council for final action.
3. Applications and Fees
   1. Form of Application. Applications required under this zoning ordinance must be submitted in a form and in such numbers as required by the Community Development Director. Applications must include materials and information as may be required by the Community Development Director to establish that the proposed activity complies with all applicable requirements of this zoning ordinance.
   2. Application Filing Fees. All applications must be accompanied by the fee amount that has been established in the User-Fee, License & Fine Schedule.
   3. Application Completeness, Accuracy and Sufficiency
      1. An application will be considered complete and ready for processing only if it is submitted in the required number and form, includes all required information and is accompanied by the required filing fee.
      2. The Community Development Director must make a determination of application completeness within ten (10) business days of application filing.
      3. If an application is determined to be incomplete, the Community Development Director must provide written notice to the applicant along with an explanation of the application’s deficiencies. No further processing of the application will occur until the deficiencies are corrected. If the deficiencies are not corrected by the applicant within sixty (60) days, the application will be considered withdrawn.
      4. No further processing of incomplete applications will occur and incomplete applications will be pulled from the processing cycle. When the deficiencies are corrected, the application will be placed in the next processing cycle.
      5. Applications deemed complete will be considered to be in the processing cycle and will be reviewed by staff and other review and decision-making bodies in accordance with applicable review and approval procedures of this zoning ordinance.
      6. The Community Development Director may require that applications or plans be revised before being placed on an agenda for possible action if the Community Development Director determines that:
         1. the application or plan contains one or more significant inaccuracies or omissions that hinder timely or competent evaluation of the plan’s/application’s compliance with zoning ordinance requirements or other regulations;
         2. the application contains multiple minor inaccuracies or omissions that hinder timely or competent evaluation of the plan’s/application’s compliance with zoning ordinance requirements or other regulations; or
         3. the decision-making body does not have legal authority to approve the application or plan.
4. Amended Applications. Applications may be amended at any time before final action upon such terms and conditions as the Community Development Director (if amended before any required hearing), the Planning and Zoning Commission (if amended before final action by such body), or the Village Council, directs. Examples of such terms and conditions include requiring republication of the notice, rehearing of the application and/or extension of any time-frames required for Village action.
5. Application Processing Cycles. The Community Development Director, after consulting with review and decision-making bodies, is authorized to promulgate reasonable cycles and timelines for processing applications, including deadlines for receipt of complete applications.
6. Public Hearing Notices and Neighbor Communications
   1. Required Public Hearing Notice—Publication in Newspaper. Published notice is required for public hearings required under this zoning ordinance. This required notice must be published at least once in a newspaper of general circulation in Downers Grove at least fifteen (15) days before and no more than thirty (30) days before the public hearing. Required notices must include at least the following information:
      1. an address or legal description of the property that is the subject of the hearing;
      2. a summary of the nature of the application; and
      3. the time and place of the hearing.
   2. Courtesy Public Hearing Notices
      1. In addition to the required published notice, the Village will provide or require that the applicant provide one (1) or more of the following forms of additional notice of public hearings required under this zoning ordinance:
         1. posting of a public hearing notice sign on the subject property;
         2. mailing notices to the subject property owner;
         3. mailing notices to property owners within two hundred fifty feet (250') of the subject property, as measured from the property line to property line, but excluding public rights-of-way less than one hundred fifty feet (150') in width (in other words, most rights-of-way are not counted in calculating the required notification radius); See Figure 12-1.
      2. In addition to the required published notice, the Village may provide or require that the applicant provide one (1) or more of the following forms of additional notice of public hearings required under this zoning ordinance:
         1. mailing notices to Village-registered property owners’ associations and organizations whose boundaries include the subject property;
         2. posting notices in Village Hall or in other government buildings; or
         3. publishing notice on the Village website.
      3. Failure to provide any form of courtesy notice that is not required by State law or any defect in such courtesy notice does not invalidate, impair, or otherwise affect any application, public hearing or decision rendered in respect to the matter under consideration.
         
         Figure 12-1: Measurement of Mailed Notification Radius
   3. Neighbor Communications
      1. Purpose. The purpose of neighbor communications is to help educate applicants for development approvals and neighbors about one another’s interests, to attempt to resolve issues in a manner that respects those interests and to identify unresolved issues before initiation of formal public hearings.
      2. Applicability. Neighbor communications are encouraged in all cases. They are required for zoning map amendment applications that meet the criteria specified in DGMC Section 28.12.030(b). The Community Development Director is also authorized to require them prior to public hearings on other matters addressed in this Article.
      3. Summary Report. The applicant must submit a neighbor communication summary to the Community Development Director at least one (1) week before the first required public hearing. The summary report must describe:
         1. efforts to notify neighbors about the proposal (how and when notification occurred, and who was notified);
         2. how information about the proposal was shared with neighbors (mailings, workshops, meetings, open houses, flyers, door-to-door handouts, etc.);
         3. who was involved in the discussions;
         4. suggestions and concerns raised by neighbors; and
         5. what specific changes to the proposal were considered and/or made as a result of the communications.
7. Public Hearing Procedures
   1. General Procedure. Public hearings required by this zoning ordinance must be conducted by the designated hearing body. At the hearing, interested persons must be permitted to submit information and comments, verbally or in writing. The designated hearing body is authorized to establish reasonable rules and regulations governing the presentation of information and comments such as, the limitation of redundant or irrelevant materials and testimony, the order and length of statements or testimony and time limitations.
   2. Continued Public Hearings
      1. Once commenced, a public hearing may be continued by the hearing body. No re-notification is required if the continuance is set for specified date and time and that date and time is announced at the time of the continuance.
      2. If a public hearing is continued or postponed for an indefinite period of time from the date of the originally scheduled public hearing, a new public hearing notice must be given before the rescheduled public hearing.
      3. If the applicant requests and is granted a postponement, the applicant must pay any costs of re-notification.
8. Action by Review Bodies and Decision-Making Bodies
   1. Review and decision-making bodies may take any action that is consistent with:
      1. the regulations of this zoning ordinance;
      2. any rules or by-laws that apply to the review or decision-making body; and
      3. the notice that was given.
   2. Review and decision-making bodies are authorized to continue a public hearing or defer action in order to receive additional information or further deliberate.
9. Conditions of Approval. When decision-making bodies approve applications with conditions, the conditions must relate to a situation created or aggravated by the proposed use or development and must be roughly proportional to the impacts of the use or development.
10. Decision-Making Criteria; Burden of Proof or Persuasion. Applications must address relevant review and decision-making criteria. In all cases, the burden is on the applicant to show that an application complies with all applicable review or approval criteria.
11. Required Time-frames for Action. Any time limit specified in this zoning ordinance for any decision or action on behalf of a review or decision-making body may be extended if the applicant agrees to an extension. If a review or decision-making body does not render a decision or take action within any time period required under this zoning ordinance and the applicant has not agreed to an extension of that time limit, the application is deemed denied.
12. Preapplication Meeting. Before submitting an application for review and approval as noted in Table 12-1, the applicant must schedule a meeting with the Community Development Director to discuss the proposed project and the required process. The Community Development Director is responsible for coordinating the involvement of other related Village departments in the preapplication meeting.

(Ord. No. 5804, 12/17/19)

(a) Authority to File. Amendments to the text of this zoning ordinance may be initiated only by the Village Council, Planning and Zoning Commission, Village Manager, Community Development Director or by the property owner(s) or the property owner’s authorized agent.

(b) Review and Report—Community Development Director. Complete applications for zoning ordinance text amendments must be filed with the Community Development Director. The Community Development Director must prepare a report and recommendation on the proposed zoning ordinance text amendment. The report must be transmitted to the Planning and Zoning Commission before their public hearing on the proposed amendment.

(c) Notice of Hearing. Notice of the Planning and Zoning Commission’s required public hearing on a zoning ordinance text amendment must be published in the newspaper in accordance with DGMC Section 28.12.010(f)

(1) Additional notice may also be provided in accordance with DGMC Section 28.12.010(f)(2)b.

(d) Hearing and Recommendation—Planning and Zoning Commission. The Planning and Zoning Commission must hold a public hearing on the proposed text amendment. Within forty-five (45) days of the close of the public hearing, the Planning and Zoning Commission must act by simple majority vote to recommend that the proposed text amendment be approved, approved with modifications, or denied and transmit its findings and recommendations to the Village Council.

(e) Final Action—Village Council

(1) Within ninety (90) days of receipt of the Planning and Zoning Commission’s recommendation, the Village Council must act to approve the proposed zoning ordinance text amendment, approve the proposed text amendment with modifications or deny the proposed text amendment. The Village Council may also remand the proposed text amendment back to the Planning and Zoning Commission for further consideration. (2) If the zoning ordinance text amendment is remanded, the Village Council must specify the reasons and scope of the remand, and further proceedings before the Planning and Zoning Commission must be limited to those identified items. The Planning and Zoning Commission must conduct such further proceedings as may be appropriate and re-present the text amendment, with recommendations, to the Village Council within sixty (60) days of the date that the matter is remanded to the Planning and Zoning Commission. Within sixty (60) days of receipt of the Planning and Zoning Commission’s recommendation, the Village Council must take final action on the proposed zoning ordinance text amendment. (3) Zoning ordinance text amendments may be approved by a simple majority vote of the Village Council.

(f) Review and Approval Criteria. The decision to amend the zoning ordinance text is a matter of legislative discretion that is not controlled by any one standard. In making recommendations and decisions about zoning ordinance text amendments, review and decision-making bodies must consider at least the following factors:

(1) whether the proposed text amendment is in conformity with the policy and intent of the comprehensive plan; and (2) whether the proposed zoning ordinance text amendment corrects an error or inconsistency in the zoning ordinance, meets the challenge of a changing condition or is necessary to implement established policy.

(Ord. No. 5471, § 3, 7/21/15)

(a) Authority to File. Amendments to the zoning map may be initiated only by the Village Council, the Community Development Director or by the owner of the property that is the subject of the proposed zoning map amendment or by the subject property owner’s authorized agent.

(b) Neighbor Communications. Neighbor communications (see DGMC Section 28.12.010(f)(3) are required for all owner-initiated zoning map amendment applications, except that neighbor communications are not required in the following cases:

(1) if the zoning map amendment application proposes R-1, R-2, R-3, R-4 R-5 or, R-5A zoning; or (2) if there is no residential zoning within five hundred feet (500') of the property proposed to be rezoned. (c) Application Filing. Complete applications for zoning map amendments must be filed with the Community Development Director.

(d) Review and Report—Community Development Director. Upon receipt of a complete zoning map amendment application, the Community Development Director must prepare a report and recommendation on the proposed zoning map amendment. The report must be transmitted to the Planning and Zoning Commission before their public hearing on the proposed amendment.

(e) Notice of Hearing. Notice of the Planning and Zoning Commission’s required public hearing on a zoning map amendment must be published in the newspaper in accordance with DGMC Section 28.12.010(f)(1) Applicant or Village shall also provide notice in accordance with DGMC Section 28.12.010(f)(2)a 1, 2, 3. Additional notice may also be provided in accordance with DGMC Section 28.12.010(f)(2)b 1, 2, 3.

(f) Hearing and Recommendation—Planning and Zoning Commission. The Planning and Zoning Commission must hold a public hearing on the proposed zoning map amendment within ninety (90) days of receipt of a complete application. Within forty-five (45) days of the close of the public hearing, the Planning and Zoning Commission must act by simple majority vote to recommend that the proposed amendment be approved, approved with modifications, or denied and transmit its findings and recommendations to the Village Council.

(g) Final Action—Village Council

(1) Within ninety (90) days of receipt of the Planning and Zoning Commission’s recommendation, the Village Council may act to approve the proposed zoning map amendment, approve the proposed amendment with modifications or deny the proposed amendment. The Village Council may also may remand the proposed zoning map amendment back to the Planning and Zoning Commission for further consideration. (2) If the zoning map amendment application is remanded, the Village Council must specify the reasons and scope of the remand, and further proceedings before the Planning and Zoning Commission must be limited to those identified items. The Planning and Zoning Commission must conduct further proceedings as may be appropriate and return a recommendation on the zoning map amendment to the Village Council within sixty (60) days of the date that the matter is remanded to the Planning and Zoning Commission. Within sixty (60) days of receipt of the Planning and Zoning Commission’s recommendation, the Village Council must take final action on the zoning map amendment. (3) Zoning map amendments may be approved by a simple majority vote of the Village Council, except as stated in DGMC Section 28.12.030(h).

(h) Protest Petitions

(1) If a valid protest petition is filed against any proposed zoning map amendment, passage of the map amendment requires a favorable vote of two-thirds (2/3) of the entire Village Council. (2) A protest petition will be deemed valid if it is signed and acknowledged by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately abutting or across an alley therefrom, or by the owners of the twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered. (3) A written protest petition opposing a zoning map amendment must be submitted to the Village Clerk at least five (5) business days before the Village Council’s vote. (4) When a written protest petition has been submitted, the protest petition must be served by the protestors upon the applicant and upon the applicant’s attorney, if any, by certified mail at the applicant’s and attorney’s addresses shown on the application.

(i) Review and Approval Criteria. The decision to amend the zoning map is a matter of legislative discretion that is not controlled by any single standard. In making recommendations and decisions about zoning map amendments, review and decision-making bodies must consider at least the following factors:

(1) the existing use and zoning of nearby property; (2) the extent to which the particular zoning restrictions affect property values; (3) the extent to which any diminution in property value is offset by an increase in the public health, safety and welfare; (4) the suitability of the subject property for the zoned purposes; (5) the length of time that the subject property has been vacant as zoned, considering the context of land development in the vicinity; (6) the value to the community of the proposed use; and (7) the comprehensive plan.

(j) Successive Applications. If a zoning map amendment application is denied, no application may be accepted that proposes reclassification of any portion of the same property for the same zoning classification for twelve (12) months from the date of the Village Council decision to deny.

(a) Overview

(1) Planned Unit Development (PUD) overlay zoning districts are established through the concurrent approval of:

a. a PUD overlay district map amendment, in accordance with the zoning map amendment procedures of DGMC Section 28.12.030; and b. a PUD development plan application in accordance with the procedures of this Section.

(2) PUD site plan approval is required after approval of the PUD zoning map amendment and PUD development plan. This Section describes the required review and approval procedures for PUD development plans and PUD site plans.

(b) Development Plan Approval Required. Approval of a PUD development plans and PUD site plan must occur before any building permit is issued and before any development takes place in a PUD overlay district. Permits may be issued for a phase of development within a section of an approved PUD overlay district if a development plan has been approved for the entire PUD and a PUD site plan has been approved for the subject property.

(c) PUD Development Plans. At the option of the applicant, the PUD development plan may serve also as the preliminary subdivision plat if such intention is declared before the Planning and Zoning Commission’s hearing and if the plans include all information required for preliminary plats and PUD development plans.

(1) Application Contents. An application for a PUD overlay district rezoning and PUD development plan must contain all items of information specified in the preapplication meeting. (2) Application Filing. Complete applications for PUD development plan approval must be filed with the Community Development Director at the same time that the PUD zoning map amendment application is filed. The zoning map amendment procedures of DGMC Section 28.12.030 apply to PUD zoning map amendments except as expressly modified by the PUD approval procedures of this Section. (3) Hearing and Recommendation—Planning and Zoning Commission. The Planning and Zoning Commission must hold a public hearing on the proposed PUD development plan and PUD zoning map amendment within ninety (90) days of receipt of a complete application. Within forty-five (45) days of the close of the public hearing, the Planning and Zoning Commission must act by simple majority vote to recommend that the proposed plan and map amendment be approved, approved with modifications or conditions, or denied and transmit its recommendations to the Village Council. (4) Final Action—Village Council

a. Within ninety (90) days of receipt of the Planning and Zoning Commission’s recommendation, the Village Council may act to approve the proposed PUD development plan and PUD zoning map amendment, approve the proposed plan and amendment with modifications or conditions or deny the proposed plan and map amendment. The Village Council may also may remand the matter back to the Planning and Zoning Commission for further consideration. b. If the PUD development plan and PUD zoning map amendment application are remanded, the Village Council must specify the reasons and scope of the remand, and further proceedings before the Planning and Zoning Commission must be limited to those identified items. The Planning and Zoning Commission must conduct further proceedings as may be appropriate and return a recommendation on the plan and zoning map amendment to the Village Council within sixty (60) days of the date that the matter is remanded to the Planning and Zoning Commission. Within sixty (60) days of receipt of the Planning and Zoning Commission’s recommendation, the Village Council must take final action on the PUD development plan and PUD zoning map amendment. c. PUD development plan and PUD zoning map amendments may be approved by a simple majority vote of the Village Council, except as stated in DGMC Section 28.12.030(h).

(5) Review and Approval Criteria. The decision to amend the zoning map to approve a PUD development plan and to establish a PUD overlay district are matters of legislative discretion that are not controlled by any single standard. In making recommendations and decisions regarding approval of planned unit developments, review and decision-making bodies must consider at least the following factors:

a. the zoning map amendment review and approval criteria of DGMC Section 28.12.030(i) in the case of new Planned Unit Development proposals; b. whether the proposed PUD development plan and map amendment would be consistent and in substantial compliance with the comprehensive plan, downtown design guidelines and any other adopted plans for the subject area; c. whether PUD development plan complies with the PUD overlay district provisions of DGMC Section 28.4.030; d. whether the proposed development will result in public benefits that are greater than or at least equal to those that would have resulted from development under conventional zoning regulations; and e. whether appropriate terms and conditions have been imposed on the approval to protect the interests of surrounding property owners and residents, existing and future residents of the PUD and the general public.

(6) Lapse of Approval

a. If the applicant fails to file an application for PUD site plan approval within one (1) year of the date of approval of the PUD development plan and zoning map amendment, the PUD development plan will lapse and be of no further effect, in which case the regulations of the base zoning district will govern development of the property. The landowner may request a one-time extension for a period of up to one (1) additional year by filing an extension request with the Community Development Director before the expiration of the PUD development plan. Extension requests must be approved or denied by the Village Council. b. For projects to be developed in phases, phase limits must be shown on the PUD development plan and approved by the Village Council. The Village Council may impose conditions upon the phasing plan as deemed necessary to ensure orderly development, including requirements for financial guarantees ensuring construction of all required improvements.

(d) PUD Site Plans

(1) Application Filing. PUD site plan applications must be filed with the Community Development Director before the lapse of a PUD development plan. (2) Review and Action by Community Development Director; Appeals

a. The Community Development Director must review and take action on the PUD site plan. The Community Development Director must approve the PUD site plan if it complies with the approved PUD development plan, all conditions of PUD development plan approval and all applicable regulations of this zoning ordinance. If the submitted PUD site plan does not comply with the approved PUD development plan, any conditions imposed on that plan or any applicable regulations of this zoning ordinance, the Community Development Director must deny the PUD site plan and advise the landowner in writing of the specific reasons for denial. b. In acting on PUD site plans, the Community Development Director is authorized to approve the following minor deviations from an approved PUD development plan:

1. any deviation expressly authorized as at the time of PUD development plan approval; 2. the addition of customary accessory uses and structures; and 3. changes to the development site or to structures necessitated by engineering, architectural or physical limitations of the site that could not have been foreseen at the time the development plan was approved and that are not otherwise classified as amendments pursuant to DGMC Section 28.12.040(e).

c. No other changes or amendments may be approved as part of the Community Development Director action on a PUD site plan. Any other changes will be considered amendments to an approved PUD development plan. Amendments are subject to DGMC Section 28.12.040(e). d. If the Community Development Director does not approve the PUD site plan, the landowner may either: (1) resubmit the PUD site plan to correct the plan’s inconsistencies and deficiencies, or (2) within sixty (60) days of the date of notice of disapproval, appeal the decision of the Community Development Director. If an appeal is filed, the PUD site plan must be processed in the same manner as a PUD development plan, with review and recommendation by the Planning and Zoning Commission and a final decision by the Village Council.

(3) Effect of Approval. Approval of a PUD site plan must occur before any building permits are issued for the PUD. PUD site plan approval does not constitute effective dedication of rights-of-way or any other public improvements, nor will the filed plan be the equivalent of or an acceptable alternative for the final platting of land prior to the issuance of building permits in the PUD (if platting is required).

(e) Amendments to Approved PUD Development Plans

(1) All of the following constitute amendments to an approved PUD development plan:

a. elimination or relaxation of a condition of approval imposed by the Village Council at the time of PUD development plan approval; b. an increase in overall building coverage by more than five percent (5%); c. an increase in building height by more than ten percent (10%) or five feet (5'), whichever is less; d. an overall reduction in the amount of usable open space, common open space or landscaping by more than five percent (5%); e. a reduction in off-street parking by more than ten percent (10%) or one (1) space, whichever results in a greater reduction; f. a change in the vehicle circulation pattern that would increase points of access, change access to another street or increase projected traffic volumes; and g. anything that the Community Development Director determines a material change, likely to create adverse impacts that were not considered as part of the PUD development plan approval.

(2) Any amendment to an approved PUD development must be processed as a new PUD development plan, including all requirements for fees, notices and hearings.

(Ord. No. 5804, 12/17/19; Ord. No. 5471, §4, 7/21/15)

(a) Intent. The special use approval procedures of this section are intended to provide a transparent, public review process for land uses that, because of their widely varying design and operational characteristics, require case-by-case review in order to determine whether they will be compatible with surrounding uses and development patterns. (b) Authority to File. Special use applications may be filed by the owner of the property that is the subject of the special use application or by the subject property owner’s authorized agent. (c) Application Filing. Complete applications for special use approval must be filed with the Community Development Director. (d) Review and Report—Community Development Director. Upon receipt of a complete application for special use approval, the Community Development Director must prepare a report and recommendation that evaluates the proposed special use in light of the approval criteria of DGMC Section 28.12.050(h). The report must be transmitted to the Planning and Zoning Commission before their public hearing on the proposed special use. (e) Notice of Hearing. Notice of the Planning and Zoning Commission’s required public hearing on a special use application must be published in the newspaper in accordance with DGMC Section 28.12.010(f)(1). Applicant or Village shall also provide notice in accordance with DGMC Section 28.12.010(f)(2)a 1, 2, 3. Additional notice may also be provided in accordance with DGMC Section 28.12.010(f)(2)b 1, 2, 3. (f) Hearing and Recommendation—Planning and Zoning Commission. The Planning and Zoning Commission must hold a public hearing on the special use application within ninety (90) days of receipt of a complete application. Within forty-five (45) days of the close of the public hearing, the Planning and Zoning Commission must act by simple majority vote to recommend that the proposed special use be approved, approved with modifications and/or conditions, or denied and transmit its findings and recommendations to the Village Council. (g) Final Action—Village Council

(1) Within ninety (90) days of receipt of the Planning and Zoning Commission’s findings and recommendation, the Village Council may act to approve the proposed special use application, approve the special use with conditions and/or modifications or deny the special use. The Village Council may also may remand the special use application back to the Planning and Zoning Commission for further consideration. (2) If the special use application is remanded, the Village Council must specify the reasons and scope of the remand, and further proceedings before the Planning and Zoning Commission must be limited to those identified items. The Planning and Zoning Commission must conduct further proceedings as may be appropriate and return a recommendation on the special use application to the Village Council within sixty (60) days of the date that the matter is remanded to the Planning and Zoning Commission. Within sixty (60) days of receipt of the Planning and Zoning Commission’s recommendation, the Village Council must take final action on the special use application. (3) The Village Council is authorized to impose such conditions and restrictions upon the premises benefited by a special use as the Village Council determines to be necessary to ensure compliance with the standards of DGMC Section 28.12.050(h), to reduce or minimize the effect of the special use upon other properties in the area, and to better carry out the general public's interest and intent of this zoning ordinance. (4) The Village Council may act by a simple majority vote.

(h) Approval Criteria. No special use may be recommended for approval or approved unless the respective review or decision-making body determines that the proposed special use is consistent with and in substantial compliance with all Village Council policies and plans, including, but not limited to, the Comprehensive Plan and the Downtown Design Guidelines and that the applicant has presented evidence to support each of the following conclusions:

(1) that the proposed use is expressly authorized as a special use in the district in which it is to be located; (2) that the proposed use will not, in the particular case, be detrimental to the health, safety, or general welfare of the community;. (3) that the proposed use will not be injurious to the use and enjoyment of other property in the immediate area for the purposes already permitted, nor substantially diminish or impair property values within the neighborhood; (4) that the establishment of the special use will not impede the normal and orderly development and improvement of adjacent property for uses permitted in the district.

(i) Lapse of Approval

(1) The applicant may submit, and the Village Council may approve, as part of the ordinance authorizing the special use, a maximum 2-year schedule for establishing the approved special use. If such a schedule is not approved by the Village Council, the approved special use will lapse and have no further effect one (1) year after it is approved by the Village Council, unless:

a. a building permit has been issued (if required); b. a certificate of occupancy has been issued; or c. the special use has been lawfully established.

(2) The Village Council is authorized to extend the expiration period for good cause on up to two (2) separate occasions, by up to six (6) months each. Requests for extensions must be submitted to the Community Development Director and forwarded to the Village Council for a final decision. (3) A special use also lapses upon revocation of a building permit or a certificate of occupancy for violations of conditions of approval or upon expiration of a building permit to carry out the work authorized by the special use. (4) If any special use is discontinued or not in operation for a continuous period of six (6) months or more, the special use for such use is void, and such use may not be reestablished unless and until a new special use is obtained in accordance with the procedures of this Section.

(j) Transferability. Special use approval runs with the land and is not affected by changes of tenancy, ownership, or management. (k) Amendments. Amendments to approved special uses may be approved in accordance with the following requirements. The special use amendment procedures may not be used to vary or modify zoning ordinance standards.

(1) Minor Amendments

a. The Community Development Director is authorized to approve the following minor amendments to approved special uses:

1. any amendments expressly authorized as minor amendments at the time of special use approval; 2. the addition of customary accessory uses and structures; and 3. changes to the development site or to structures necessitated by engineering, architectural or physical limitations of the site that could not have been foreseen at the time the special use permit was approved and that are not otherwise classified as major amendments pursuant to DGMC Section 28.12.050(k)(2).

b. Applications for minor amendments to approved special uses must be filed in a form established by the Community Development Director. If no action is taken on the minor amendment application within twenty (20) days of filing of a complete application, the minor amendment is deemed denied. (2) Major Amendments

a. All of the following constitute major amendments to approved special uses:

1. an increase in overall building coverage by more than five percent (5%); 2. an increase in building height by more than ten percent (10%) or five feet (5'), whichever is less; 3. an overall reduction in the amount of common open space or landscaping; 4. a reduction in off-street parking by more than ten percent (10%) or one space, whichever results in a greater reduction; 5. a change in the vehicle circulation pattern that would increase points of access, change access to another street or increase projected traffic volumes; and 6. any combination of three (3) or more minor changes that were not expressly authorized by the approved special use permit.

b. Major amendments to an approved special use must be processed as a new special use application, including all requirements for fees, notices and public hearings.

(l) Successive Applications. If a special use application is denied, no substantially similar application may be accepted for the same property for twelve (12) months from the date of denial by the Village Council.

(Ord. No. 5706, 7/10/18)

1. Applicability. A zoning compliance determination must be obtained before any structure is erected, reconstructed or structurally altered. The Community Development Director may assess a fee for said determination in accordance with Chapter 1 of this Code.
2. Exemptions. The Community Development Director is authorized to exempt accessory structures from the requirement to obtain a zoning compliance determination if the Community Development Director determines that the accessory structure constitutes a de minimis alteration or addition to the property.
3. Procedure
   1. Zoning compliance determinations must be accompanied by information the Community Development Director deems necessary to enable an accurate determination of whether the proposed improvements will comply with the provisions of this zoning ordinance.
   2. If the Community Development Director determines that the improvements comply with all applicable provisions of this zoning ordinance, the zoning compliance determination must be issued.
   3. If the Community Development Director determines that the improvements do not comply with all applicable provisions of this zoning ordinance, the permit must be denied and the Community Development Director must provide a written explanation of the reasons for denial.

1. Intent. These administrative adjustments procedures are intended to provide a streamlined approval procedure for relatively minor forms of zoning relief. While most variations require a public hearing before the Planning and Zoning Commission (see DGMC Section 28.12.090), the Community Development Director is authorized to approve the administrative adjustments identified in DGMC Section 28.12.070(b) without a public hearing.
2. Authorized Administrative Adjustments
   1. The Community Development Director is authorized to grant the following administrative adjustments for principal and accessory buildings or structures:
      1. a reduction of the minimum required lot area by up to ten percent (10%);
      2. a reduction of the minimum required lot width by up to ten percent (10%);
      3. a reduction of minimum required setbacks by up to ten percent (10%) or two feet (2'), whichever is greater; and
      4. a reduction of the minimum required driveway width by up to one foot (1').
   2. The Community Development Director is authorized to grant an administrative adjustment reducing minimum required off-street parking or loading requirements by up to ten percent (10%) or one (1) space, whichever is greater.
   3. The administrative adjustment provisions may not be used to vary, modify or otherwise override a condition of approval or requirement imposed by an authorized Village decision-making body or the State or federal government.
3. Authority to File. Administrative adjustment applications may be filed by the subject property owner or by the property owner’s authorized agent.
4. Application Filing. Complete applications for administrative adjustments must be filed with the Community Development Director.
5. Notice of Filing/Intent to Approve. Within five (5) business days of receipt of a complete application for an administrative adjustment, written notice of application filing must be delivered to all owners of property within one hundred feet (100') of the subject parcel. The notice must describe the nature of the requested administrative adjustment. It must also indicate the date on which the Community Development Director will take action on the application and that the application will be available for review and comment until that date. Any interested party may submit written comments concerning the application to the Community Development Director.
6. Action by Community Development Director
   1. The Community Development Director must review each application for an administrative adjustment and act to approve the application, approve the application with conditions, deny the application or refer the application to the Planning and Zoning Commission for consideration as a variation.
   2. The Community Development Director may not take final action to approve or deny an administrative adjustment application until at least fifteen (15) days after the date of mailing or delivery of the required notices.
   3. The Community Development Director’s decision to approve or deny an administrative adjustment must be based on the approval criteria and standards of DGMC Section 28.12.070(g) and accompanied by written findings of fact.
   4. At least once per calendar year, the Community Development Director must provide to the Planning and Zoning Commission and the Village Council a listing of all administrative adjustment decisions.
7. Standards and Review Criteria. Administrative adjustments may be approved only when the Community Development Director determines that any specific standards associated with the authorized administrative adjustment and the following general approval criteria have been met:
   1. the requested administrative adjustment is consistent with all relevant purpose and intent statements of this zoning ordinance and with the general purpose and intent of the comprehensive plan;
   2. the requested administrative adjustment will not have a substantial or undue adverse effect upon adjacent property, the character of the area or the public health, safety and general welfare; and
   3. any adverse impacts resulting from the administrative adjustment will be mitigated to the maximum extent feasible.
8. Conditions of Approval. In granting an administrative adjustment, the Community Development Director is authorized to impose conditions upon the subject property that are necessary to reduce or minimize any potentially adverse impacts on other property in the surrounding area, and to carry out the stated purpose and intent of this zoning ordinance.
9. Transferability. Approved administrative adjustments run with the land and are not affected by changes of tenancy, ownership, or management.
10. Amendments. A request for changes in the specific nature of the approved administrative adjustment or changes to any conditions attached to an approved administrative adjustment must be processed as a new administrative adjustment application, including the requirements for fees and notices.
11. Lapse of Approval
    1. An approved administrative adjustment will lapse and have no further effect one (1) year after it is approved by the Community Development Director, unless:
       1. A building permit has been issued (if required); or
       2. The use or structure has been lawfully established.
    2. The Community Development Director is authorized to extend the expiration period for good cause on up to two (2) separate occasions, by up to six (6) months each. Requests for extensions must be submitted to the Community Development Director before the administrative adjustment expires. No hearings, notices or fees are required for extensions.
    3. An administrative adjustment also lapses upon revocation of a building permit or a certificate of occupancy for violations of conditions of approval or upon expiration of a building permit to carry out the work authorized by the administrative adjustment.
12. Conditions of Approval. In granting an administrative adjustment, the Community Development Director may impose conditions upon the subject property that are necessary to reduce or minimize any potentially adverse impacts on other property in the surrounding area, and to carry out the stated purpose and intent of this zoning ordinance.
13. Appeals. The applicant or any interested party may appeal the decision of the Community Development Director in accordance with DGMC Section 28.12.100.

(Ord. No. 5706, 7/10/18)

(a) Intent. The zoning exception procedure is intended to establish a procedure for consideration of requests to modify specific zoning regulations that cannot, by their nature, reasonably be considered by using the variation regulations and procedures established in this ordinance. (b) Authorized Exceptions. The Planning and Zoning Commission is authorized to grant the following zoning exceptions:

(1) expansion of nonconforming uses, in accordance with DGMC Section 28.11.030(c)(2); (2) re-establishment of an abandoned nonconforming use, in accordance with DGMC Section 28.11.030(f)(1)d; and (3) extension of an existing building wall located within a required setback, in accordance with DGMC Section 28.11.040(c)(2).

(c) Authority to File. Zoning exception applications may be filed by the subject property owner or by the property owner’s authorized agent. (d) Application Filing. Complete applications for zoning exceptions must be filed with the Community Development Director. (e) Notice of Hearing. Notice of the Planning and Zoning Commission required public hearing on a zoning exception application must be published in the newspaper in accordance with DGMC Section 28.12.010(f)(1). Applicant or Village shall also provide notice in accordance with Section 12.010(f)(2)a 1, 2, 3. Additional notice may also be provided in accordance with Sec. 12.010(f)(2)b 1, 2, 3. (f) Hearing and Final Decision—Planning and Zoning Commission. Within ninety (90) days of receipt of a complete application, the Planning and Zoning Commission must hold a public hearing to consider the requested zoning exception. Within forty-five (45) days of the close of the public hearing, the Planning and Zoning Commission must make its findings of fact and act to approve the requested zoning exception, approve the zoning exception with modifications and/or conditions, or deny the zoning exception request based on the standards and review criteria of DGMC Section 28.12.080(g). Approval of a zoning exception requires an affirmative vote of at least five (5) members of the Planning and Zoning Commission. All decisions of the Planning and Zoning Commission are final administrative determinations and are subject to judicial review only, in accordance with the Illinois Administrative Review Law, 735 ILCS 5/3-101 et seq. (g) Standards and Review Criteria. Zoning exceptions may be approved by the Planning and Zoning Commission only when the Commission determines that any specific standards associated with the authorized zoning exception and the following general approval criteria have been met:

(1) the requested zoning exception is consistent with all relevant purpose and intent statements of this zoning ordinance and with the general purpose and intent of the comprehensive plan; (2) the requested zoning exception will not have a substantial or undue adverse effect upon adjacent property, the character of the area or the public health, safety and general welfare; (3) the proposed zoning exception will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the use and development of neighboring property in accordance with the applicable district regulations; (4) the proposed zoning exception demonstrates high-quality design and uses construction materials and colors that are compatible with other structures on the property and other properties in the vicinity; and (5) any adverse impacts resulting from the zoning exception will be mitigated to the maximum extent feasible.

(h) Conditions of Approval. In granting a zoning exception, the Planning and Zoning Commission is authorized to impose conditions upon the subject property that are necessary to reduce or minimize any potentially adverse impacts on other property in the surrounding area, and to carry out the stated purpose and intent of this zoning ordinance. (i) Transferability. Approved zoning exceptions run with the land and are not affected by changes of tenancy, ownership, or management. (j) Amendments. A request for changes in the specific nature of the approved zoning exception or changes to any conditions attached to an approved zoning exception must be processed as a new zoning exception application, including all requirements for fees, notices and public hearings. (k) Lapse of Approval

(1) An approved zoning exception will lapse and have no further effect one (1) year after it is approved by the Planning and Zoning Commission, unless:

a. a building permit has been issued (if required); or b. the use or structure has been lawfully established.

(2) The Planning and Zoning Commission is authorized to extend the expiration period for good cause on up to two (2) separate occasions, by up to one hundred eighty (180) days each. Requests for extensions must be submitted to the Community Development Director before the zoning exception expires. No hearings, notices or fees are required for extensions. (3) A zoning exception also lapses upon revocation of a building permit or a certificate of occupancy for violations of conditions of approval or upon expiration of a building permit to carry out the work authorized by the zoning exception.

1. Intent. A variation is a grant of relief to a property owner from strict compliance with the regulations of this zoning ordinance. The intent of a variation is not to simply remove an inconvenience or financial burden that may result from compliance with applicable zoning requirements. Variations are intended to help alleviate an undue hardship that would be caused by the literal enforcement of the subject ordinance requirements. They are intended to provide relief when the requirements of this zoning ordinance render land difficult or impossible to use because of some unique or special characteristic of the property itself.
2. Authorized Variations. Except where the variation is requested in conjunction with a Planned Unit Development or Special Use Petition, the Planning and Zoning Commission shall hear all petitions for variations. Where a variation is requested in conjunction with a Planned Unit Development or Special Use Petition, it may be heard by the Planning and Zoning Commission and the Planning and Zoning Commission shall make a recommendation to the Village Council for final action regarding such variation request. A variation is authorized to be granted from any regulation in this zoning ordinance in accordance with the variation procedures of this Section, except that the variation procedures may not be used to do any of the following:
   1. allow a principal use in a zoning district that is not otherwise allowed in that zoning district (i.e., “use variations” are prohibited);
   2. waive, modify or amend any definition or use classification;
   3. waive, modify or otherwise vary any of the review and approval procedures of this Article;
   4. waive, vary, modify or otherwise override a condition of approval or requirement imposed by an authorized decision-making body or the State or federal government;
   5. waive, vary or modify applicable residential density regulations, provided that this provision is not intended to prohibit variations to minimum lot area or width requirements that apply to lots occupied by a single dwelling unit.
3. Authority to File. Variation applications may be filed by the subject property owner or by the property owner’s authorized agent.
4. Application Filing. Complete applications for variations must be filed with the Community Development Director.
5. Notice of Hearing. Notice of the required public hearing on a variation application must be published in the newspaper in accordance with DGMC Section 28.12.010(f)1. The Village or the applicant shall also provide notice in accordance with Section 12.010(f)(2)a 1, 2, 3. Additional notice may also be provided in accordance with Sec. 12.010(f)(2)b 1, 2, 3.
6. Hearing and Final Decision - Planning and Zoning Commission. Within ninety (90) days of receipt of a complete application, a public hearing to consider the requested variation must be held. Within forty-five (45) days of the close of the public hearing, the findings of fact and decision to approve the requested variation, approve the variation with modifications and/or conditions, or deny the variation request based on the standards and review criteria of DGMC Section 28.12.090(g) must be made. Approval of a variation requires an affirmative vote of at least five (5) members of the Planning and Zoning Commission. All decisions of the Planning and Zoning Commission are final administrative determinations and are subject to judicial review only, in accordance with the Illinois Administrative Review Law, 735 ILCS 5/3-101 et seq.
7. Standards and Review Criteria
   1. No variation may be approved unless the variation to be approved is consistent with the spirit and intent of this zoning ordinance and that strict compliance with the subject provisions would result in practical difficulties or particular hardships for the subject property owner.
   2. The consideration of whether a variation request has met the standards of practical difficulties or particular hardships must include all of the following findings from the evidence presented:
      1. the subject property cannot yield a reasonable return if required to comply with the regulations that apply to it;
      2. the plight of the owner is due to unique circumstances; and
      3. the variation, if granted, will not alter the essential character of the locality.
   3. In addition, the hearing body must also take into consideration the extent to which the following facts, favorable to the property owner, have been established by the evidence presented:
      1. that the physical surroundings, shape, or topographical conditions of the subject property would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out;
      2. that the conditions leading to the need of the requested variation are not applicable, generally, to other properties within the same zoning classification;
      3. that the alleged difficulty or hardship was not created by the current property owner;
      4. that the proposed variation will not impair an adequate supply of air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood;
      5. that the proposed variation will not alter the essential character of the area; and
      6. that the granting of the variation will not confer on the subject property owner any special privilege that is not available to other properties or structures in the same district.
8. Conditions of Approval. In granting a variation, the hearing body is authorized to impose conditions upon the subject property that are necessary to reduce or minimize any potentially adverse impacts on other property in the surrounding area, and to carry out the stated purpose and intent of this zoning ordinance.
9. Transferability. Approved variations run with the land and are not affected by changes of tenancy, ownership, or management.
10. Amendments. A request for changes in the specific nature of the approved variation or changes to any conditions attached to an approved variation must be processed as a new variation application, including all requirements for fees, notices and public hearings.
11. Lapse of Approval
    1. An approved variation will lapse and have no further effect one (1) year after it is approved, unless:
       1. a building permit has been issued (if required); or
       2. the use or structure has been lawfully established.
    2. The hearing body is authorized to extend the expiration period for good cause on up to two (2) separate occasions, by up to six (6) months each. Requests for extensions must be submitted to the Community Development Director before the variation expires. No hearings, notices or fees are required for extensions.
    3. A variation also lapses upon revocation of a building permit or a certificate of occupancy for violations of conditions of approval or upon expiration of a building permit to carry out the work authorized by the variation.

(a) Authority. The Planning and Zoning Commission is authorized to hear and decide appeals where it is alleged there has been an error in any order, requirement, decision or determination made by the Community Development Director or any other administrative official in the administration, interpretation or enforcement of this zoning ordinance. (b) Right to Appeal. Appeals of administrative decisions may be filed by any person aggrieved by the Community Development Director’s or other administrative official’s decision or action. The Planning and Zoning Commission is authorized to make determinations about whether individuals filing appeals are “aggrieved” by the decision or action. (c) Application Filing

(1) Complete applications for appeals of administrative decisions must be filed with the Community Development Director. (2) Appeals of administrative decisions must be filed within forty-five (45) days of the date of the decision being appealed.

(d) Effect of Filing. The filing of a complete notice of appeal stays all proceedings in furtherance of the action appealed, unless the Community Development Director certifies to the Planning and Zoning Commission, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to life or property, in which case the proceedings will not be stayed unless by a restraining order, which may be granted by the Planning and Zoning Commission or by a court of record based on due cause shown.

(e) Record of Decision. Upon receipt of a complete application of appeal, the Community Development Director or other administrative official whose decision is being appealed must transmit to the Planning and Zoning Commission all papers constituting the record upon which the action appealed is taken. (f) Notice of Hearing. Notice of the Planning and Zoning Commission required public hearing must be published in the newspaper in accordance with DGMC Section 28.12.010(f)(1). (g) Hearing and Final Decision

(1) The Planning and Zoning Commission must hold a public hearing on the appeal within sixty (60) days of the date that the appealed is filed. (2) Within forty-five (45) days of the close of the public hearing, the Planning and Zoning Commission must take action on the appeal. The board’s decision must be in writing and be supported by written findings of fact. (3) In exercising the appeal power, the Planning and Zoning Commission has all the powers of the administrative official from whom the appeal is taken. The Planning and Zoning Commission may affirm or may, upon the concurring vote of at least five (5) members, reverse, wholly or in part, or modify the decision being appealed. (4) In acting on the appeal, the Planning and Zoning Commission must grant to the official’s decision a presumption of correctness, placing the burden of persuasion of error on the appellant. (5) All decisions of the Planning and Zoning Commission are final administrative determinations and are subject to judicial review only, in accordance with the Illinois Administrative Review Law, 735 ILCS 5/3-101 et seq.

(h) Review Criteria. An appeal may be sustained only if the Planning and Zoning Commission finds that the Community Development Director or other administrative official erred.