The City offices and bodies listed in Section 6-3-1-1 of this Chapter, without limitation upon such authority as each may possess by law, have responsibility for implementing and administering this Ordinance in the manner described in Sections 6-3-1-2 through 6-3-1-6 of this Chapter.

The following City offices and bodies have responsibility for implementing and administering this Ordinance:

(A)

Zoning Administrator.

(B)

Design and Project Review Committee.

(C)

Land Use Commission.

(D)

City Council.

(Ord. No. 50-O-14, § 23, 10-27-2014; Ord. No. 66-O-15, § 4, 6-22-2015; Ord. No. 52-O-22, § 1, 6-27-2022)

The responsibilities of the Zoning Administrator are to:

(A)

Administer the zoning ordinance, including the maintenance of all records, home occupation permits, fence permits, certificates of approval of a dwelling unit occupied by a type (D) family, and the issuance of certificates of zoning compliance.

(B)

Forward any application for appeal from any order or final decision of an office, department, board or bureau of the City to the appropriate hearing body.

(C)

Forward any application for major variation and any combined application for major and minor variation to the Land Use Commission.

(D)

Review and forward with his recommendation an application for a family necessity variation to the Land Use Commission pursuant to Section 6-3-8.

(E)

Receive and process any application for amendment, planned development and unique use, and forward it to the Land Use Commission for its recommendation to the City Council.

(F)

Receive and process any application for special use and forward it, except in the case of a planned development application, to the Land Use Commission for its recommendation to the City Council.

(G)

Grant or deny administratively any application for a minor variation and any application for a fence variation pursuant to Section 6-3-8.

(H)

Render interpretations of the provisions of this Ordinance, including use interpretations, pursuant to Section 6-3-9.

(I)

Enforce the Zoning Ordinance.

(Ord. No. 52-O-22, § 2, 6-27-2022)

The Design and Project Review Committee is responsible for all site plan reviews authorized pursuant to the provisions of the separate Design and Project Review Ordinance, Ordinance No. 50-O-14, as amended. (A copy of Ordinance No. 50-O-14 is included in Appendix E of this Ordinance.) Aspects which DAPR addresses in specified zoning districts include, but are not limited to:

(A)

Building and structure location.

(B)

Building design and appearance.

(C)

Landscaping.

(D)

Graphics and signage.

(E)

Circulation.

(F)

Parking areas and lots.

(G)

Open space.

(H)

Site illumination.

(I)

Preservation.

(J)

Completeness.

(K)

Compliance with all other applicable codes.

DAPR decisions may be appealed pursuant to Section 4-14-9 of this Code.

(Ord. No. 50-O-14, § 2, 10-27-2014; Ord. No. 52-O-22, § 3, 6-27-2022)

Editor's note— Ord. No. 52-O-22, §§ 4, 5, adopted June 27, 2022, repealed the former Sections 6-3-1-4 and 6-3-1-5 in their entirety, which pertained to the Zoning Board of Appeals and the Plan Commission, respectively, and derived from Ord. No. 58-O-20, § 1, adopted June 22, 2020.

The City Council:

(A)

Approves or disapproves any application for an amendment to the Zoning Ordinance, major variation pertaining to off-street parking and loading for all uses other than single-family and two-family residential, height beyond fifty (50) feet, special use (including a planned development), and unique use.

(B)

Approves or disapproves any combined application for a special use and variation(s) and any application for a major variation and a major variation pertaining to off-street parking and loading for all uses other than single-family and two-family residential, or height beyond fifty (50) feet.

(C)

Hears and decides, through its Planning and Development Committee, any appeal from a decision of the Zoning Administrator regarding an application for a substitution for an existing special use and an application for a temporary use.

(D)

Take such other actions not delegated to other bodies that may be desirable and necessary to implement the provisions of this Ordinance.

(Ord. No. 50-O-14, § 3, 10-27-2014; Ord. No. 58-O-20, § 2, 6-22-2020)

After the effective date of this Ordinance and except as expressly limited in Section 6-3-2-1 below, no land shall be proposed to be occupied or used and no building or structure shall be proposed to be located, constructed, reconstructed, enlarged or structurally altered, nor work commenced upon the same, nor occupied or used in whole or part for any purpose whatsoever until the Zoning Administrator has issued a certificate of zoning compliance stating that the building and use comply with the provisions of this Ordinance governing the proposed use. No change of use shall be made in any building or part thereof, now or hereafter located, constructed, reconstructed, enlarged or structurally altered, without a certificate of zoning compliance issued by the Zoning Administrator indicating such change to be in conformance with the provisions of this Ordinance.

The provisions of this Section 6-3-2 shall apply to residential districts only with respect to a proposed change of use or a proposed structural alteration.

Application for a certificate of zoning compliance for a new or expanded structure or use, or a change in use shall be made to the Zoning Administrator on a form provided by the Zoning Administrator that requires the submittal of such information as the Zoning Administrator shall determine is necessary for the proper consideration of the application.

A record of all applications for a certificate of zoning compliance shall be kept on file in the office of the Zoning Administrator. At least one (1) time a year, the Zoning Administrator shall make public a listing of his decisions, by address, regarding applications for certificates of zoning compliance.

Within ten (10) working days after receipt of an application for an approval described in this Chapter 3, the Zoning Administrator shall determine whether the application is complete. If the Zoning Administrator determines that the application is complete, he shall notify the applicant in writing that the application has been accepted for filing. If the Administrator determines that the application is not complete, he shall notify the applicant in writing, specifying the deficiencies of the application, including any additional information which must be supplied, and that no further action need be taken by the City on the application until the deficiencies are corrected.

If the applicant fails to correct the specified deficiencies within one hundred eighty (180) days of the notification of deficiency, the City may deem the application withdrawn.

Any time limits for completion of a review of an application and the rendering of a final decision, where provided for in this Chapter 3 governing approvals of zoning amendments, special uses, including planned developments, unique uses and variations, shall commence as of the date that the Zoning Administrator determines that the application is complete.

Whenever an application for a special use, unique use or an amendment will, in addition, require a variation, the applicant shall indicate that fact on the application where indicated and shall, at the time of filing the application for a special use, unique use, or amendment, as the case may be, file an application for a variation pursuant to Section 6-3-8-4. All required notices for the application for approval of the special use, unique use or amendment, as the case may be, shall include reference to the application for a variation. The initial hearing notice shall be sufficient notice for the initial hearing, as well as any continuances of the same hearing, if any. The variation application shall only be decided after a final decision has been reached with respect to the special use, unique use or amendment. Whenever an application for a special use, unique use, amendment, or variation is filed in connection with an administrative review use, the administrative review use shall process said application as a special use pursuant to Section 6-3-5-16(C) "Combined Applications Prohibited".

(Ord. No. 68-O-14, § 2, 8-11-2014; Ord. No. 48-O-21, § 1, 5-10-2021)

The purpose of this Section 6-3-4 is to provide standards and procedures for making amendments to the text of this Ordinance 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.

The text of this Ordinance 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 Section 6-3-4-7.

An amendment to the text of the Zoning Ordinance or to the Zoning Map may be initiated by written petition of any person, firm, corporation, or organization in accordance with the requirements of Section 6-3-4-4. Amendments proposed by any governmental agency of the City may be made in such manner and pursuant to such procedure as the City Council deems appropriate.

Petitions for amendment to the Zoning Ordinance, shall be in such form and accompanied by such information as shall be prescribed, from time to time, by the Land Use Commission and as listed in Section 1 of Appendix D, "Submission Requirements for Amendment Petitions."

(Ord. No. 52-O-22, § 6, 6-27-2022)

The wisdom of amending the text of the Zoning Ordinance 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 Land Use Commission's recommendation consider, among other factors, the following:

(A)

Whether the proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive General Plan, as adopted and amended from time to time by the City Council.

(B)

Whether the proposed amendment is compatible with the overall character of existing development in the immediate vicinity of the subject property.

(C)

Whether the proposed amendment will have an adverse effect on the value of adjacent properties.

(D)

The adequacy of public facilities and services.

(Ord. No. 52-O-22, § 7, 6-27-2022)

A petition to amend the text of the Zoning Ordinance or the Zoning Map shall be processed in accordance with the following procedures:

(A)

Public Hearing: After the filing of a petition for amendment in proper form, the Zoning Administrator shall set a date for a public hearing.

(B)

General Notice of Public Hearing: Notice of the public hearing required by Subsection 6-3-4-6(A) shall be given by the Zoning Administrator by one (1) publication in one (1) or more newspapers of general circulation within the municipality. Notice shall be published a minimum of fifteen (15) days prior to the hearing date and a maximum of thirty (30) days prior to the hearing date. Such notice shall be sufficient notice for the initial hearing, as well as any continuances of the same hearing, if any.

(C)

Mailed Notices Required for Redistricting or Rezoning: The City will provide notice, through the use of a third party service, by first class mail to all owners of property within a five hundred (500) foot radius of the property lines of the subject property, inclusive of public roads, streets, alleys and other public ways from the area proposed to be rezoned or redistricted whose addresses appear on the current tax assessment list as provided by the City. The applicant must pay any and all fees and postage associated with mailing such notice pursuant to this Section. The City reserves the right to provide the aforementioned notice by first class mail where the Zoning Administrator finds it necessary. The failure of delivery of such notice, however, shall not invalidate any such amendment. In addition, a sign must be posted on the property for a minimum of ten (10) working days prior to the public hearing indicating the place, time and date of the hearing. Such notice is sufficient notice for the initial hearing, as well as any continuances of the same hearing, if any.

(D)

Content of Published and Mailed Notices: Published and mailed notices shall contain the time, date, and place of the public hearing and, in addition, shall include all of the information listed in Section 2 of Appendix D, of this Ordinance, "Submission Requirements for Published and Mailed Notices for Proposed Amendments."

(E)

Land Use Commission Action: Upon receipt of the petition with the copy of the proposed text and map changes, the Land Use Commission shall hold a public hearing scheduled pursuant to Subsection 6-3-4-6(A). Within thirty (30) days after the hearing is closed, the Commission shall recommend the approval or denial of the proposed amendment, or the approval of the amendment with modifications, and shall then submit its written recommendation, together with the petition for the text and/or map change, to the City Council.

(F)

City Council Action: The City Council shall either adopt or reject the recommendation of the Land Use Commission or adopt some modification of the recommendation of the Land Use Commission. Except as provided in Section 6-3-4-7, no amendment to the Zoning Ordinance shall be adopted except by a vote of the majority of the Council.

(G)

Continued Hearings or Meetings: In the instance a hearing or meeting is continued to a date certain, the date and time of the continued hearing or meeting shall be announced at the time and place of the hearing being continued, and the continued hearing's notice requirements shall be deemed satisfied. If for any reason the continued hearing or meeting date or time needs to be changed, the Zoning Administrator shall, in his or her best effort, provide the public with the new date and time of the continued hearing by:

1.

Posting the continued meeting or hearing notice at the Civic Center; and

2.

Posting the continued meeting or hearing notice on the City's website.

Failure to provide such notice, however, shall not invalidate any such continued hearing or meeting.

(H)

In the event a quorum is not present for the initial meeting or a continued meeting, a majority of the board or commission members present may reschedule the meeting to a new date and time. No additional publication or mailing notice will be required for as provided in Section 6-3-4-6(G).

(Ord. 102-O-94; Ord. No. 68-O-14, § 3, 8-11-2014; Ord. No. 49-O-16, § 1, 7-25-2016; Ord. No. 44-O-17, § 4, 9-11-2017; Ord. No. 52-O-22, § 8, 6-27-2022)

If prior to the close of a Land Use Commission hearing held pursuant to Subsection 6-3-4-6(E), a written protest against any proposed map amendment, signed and acknowledged by thirty percent (30%) of the owners of property whose lot lines are located within five hundred (500) feet of the boundary of the area to be amended, inclusive of public rights-of-way, is filed with the City Clerk, passage of the amendment shall require a favorable vote of three-fourths (¾) of all the Aldermen elected to the City Council.

(Ord. 102-O-94; Ord. No. 52-O-22, § 9, 6-27-2022)

Whenever, in conjunction with a petition for an amendment to the Zoning Ordinance, an applicant files an application(s) for a special use and/or a variation, such applications may be combined and reviewed simultaneously. A meeting of the Land Use Commission shall be held to hear the combined applications. At conclusion of the joint public hearing each reviewing body shall forward its recommendation to the City Council within a maximum of thirty (30) calendar days. The City Council may also combine the applications and review them simultaneously. Before any action is taken on the special use or a variation, as the case may be, the City Council shall first act to approve, approve with modifications or disapprove the petition for amendment of the Zoning Ordinance.

(Ord. No. 52-O-22, § 10, 6-27-2022)

An applicant, for an amendment to the Zoning Ordinance, shall pay fees in connection with the submittal of the application in accordance with fee schedules adopted, from time to time, by the City Council upon recommendation of the Zoning Administrator.

Special uses are those uses that, because of their potential adverse impact upon the immediate neighborhood and the City, as a whole, require a greater degree of scrutiny and review of site characteristics and impacts to determine their suitability in a given location. As such, the determination of special uses as appropriate shall be contingent upon their meeting a set of specific standards and the weighing, in each case, of the public need and benefit against the local impact, giving effect to the proposals of the applicant for ameliorating adverse impacts through special site planning and development techniques and contributions to the provisions of public improvements, sites, right of way and services.

Special uses shall consist of the following categories of uses:

(A)

Buildings and uses entirely private in character but of such a nature that their construction and operation may give rise to particular problems with respect to their impact upon neighboring property or public facilities.

(B)

Uses traditionally associated with or operated by a publicly regulated utility.

(C)

Planned developments.

(D)

Hospital uses.

(E)

Public buildings, to the extent permissible by law, that may give rise to particular problems with respect to their impact upon neighboring property or public facilities.

The City Council may, in accordance with the procedures and standards set forth in this Section 6-3-5, and other regulations Applicable to the district in which the subject property is located, approve by ordinance uses listed as special uses within each zoning district.

An application for a special use permit may be filed with the Zoning Administrator by the owner or lessee of the subject property or other person having a legal or equitable interest in the subject property.

An applicant for a special use shall file an application in accordance with the following requirements:

(A)

Formal Application: The application for special use approval shall be filed with the Zoning Administrator in order to obtain the review and written comments from the appropriate departments, boards, commissions and committees, including the Design and Project Review Committee.

(B)

Content of Application: Each application shall contain at least the information listed in Section 3 of Appendix D, of this Ordinance, "Special Use Application Submission Requirements" and such additional information as the Zoning Administrator shall determine is necessary.

(Ord. No. 50-O-14, § 24, 10-27-2014; Ord. No. 66-O-15, § 5, 6-22-2015)

An applicant for a special use permit shall pay fees in connection with the submittal of the application in accordance with fee schedules adopted, from time to time, by the City Council upon recommendation of the Zoning Administrator.

(A)

Review Procedure: After determining that the special use application is complete pursuant to Section 6-3-3-1, the Zoning Administrator shall prepare and forward his written recommendation accompanied by the Design and Project Review Committee's written report to the Land Use Commission. At the same time, the Zoning Administrator shall, in the case of a planned development, cause notice of a public hearing before the Land Use Commission to be published pursuant to Section 6-3-6-8. In the case of all other special uses, the Zoning Administrator shall cause notice of a public hearing before the Land Use Commission to be published not more than thirty (30) days nor less than fifteen (15) days before the date of the hearing. In addition, a sign shall be posted on the property for a minimum of ten (10) working days prior to the public hearing indicating the place, time and date of the hearing.

(B)

General Notice of Public Hearing: In the case of a planned development, notice of the public hearing required by Subsection 6-3-5-7(A) shall be given by the Zoning Administrator pursuant to Section 6-3-6-8. In the case of all other special uses, the Zoning Administrator shall cause notice of a public hearing before the Land Use Commission to be published not more than thirty (30) days nor less than fifteen (15) days before the date of the hearing. In addition, a sign shall be posted on the property for a minimum of ten (10) working days prior to the public hearing indicating the place, time and date of the hearing. Such notice shall be sufficient notice for the initial hearing. Subsequent notices are not required for continuances of a hearing, if any.

(C)

Mailed Notices Required: The City will provide notice, through the use of a third party service, by first class mail to all owners of property within a five hundred (500) foot radius of the property lines of the subject property, inclusive of public roads, streets, alleys and other public ways whose addresses appear on the current tax assessment list as provided by the City. The applicant must pay any and all fees and postage associated with mailing such notice pursuant to this Section. The City reserves the right to provide the aforementioned notice by first class mail where the Zoning Administrator finds it necessary. The failure of delivery of such notice, however, does not invalidate any such amendment Such notice is sufficient notice for the initial hearing. Subsequent notices are not required for continuances of a hearing, if any.

(D)

Content of Published and Mailed Notices: Published and mailed notices shall contain the time, date, and place of the public hearing. Additionally, the published and mailed notices shall contain the following:

(a)

A statement indicating that the petition is a request for special use approval;

(b)

The address of the subject property requesting the special use;

(c)

The current zoning classification of the property requesting the special use;

(d)

The time and place where the petition proposing to amend the Zoning Ordinance will be available for examination for a period of at least ten (10) days prior to the public hearing;

(e)

The name of the person responsible for giving notice of the public hearing by publication or by mail, or by publication and mail;

(f)

Any other information requested by the Commission, as the case may be; and

(g)

A statement that after the conclusion of the hearing the matter will be submitted to the City Council for its action.

(E)

Recommendations: All written recommendations and reports forwarded by the Zoning Administrator shall be considered at the public hearing. At the conclusion of the public hearing, the Commission, as the case may be, shall recommend, based on written findings of fact, that the council: 1) approve the special use; 2) approve the special use subject to conditions; or 3) deny the special use.

(F)

Continued Hearings or Meetings: In the instance a hearing or meeting is continued to a date certain, the date and time of the continued hearing or meeting shall be announced at the time and place of the hearing being continued, and the continued hearing's notice requirements shall be deemed satisfied. If for any reason the continued hearing or meeting date or time needs to be changed, the Zoning Administrator shall, in his or her best effort, provide the public with the new date and time of the continued hearing by:

1.

Posting the continued meeting or hearing notice at the Civic Center; and

2.

Posting the continued meeting or hearing notice on the City's website.

Failure to provide such notice, however, shall not invalidate any such continued hearing or meeting.

(G)

In the event a quorum is not present for the initial meeting or a continued meeting, a majority of the Commission members present may reschedule the meeting to a new date and time. No additional mailed or published notices shall be required for meetings continued as provided in Section 6-3-5-7(F).

(Ord. No. 43-O-93; Ord. 102-O-94; Ord. No. 68-O-14, § 4, 8-11-2014; Ord. No. 50-O-14, § 4, 10-27-2014; Ord. No. 49-O-16, § 2, 7-25-2016; Ord. No. 44-O-17, § 5, 9-11-2017; Ord. No. 52-O-22, § 11, 6-27-2022)

Upon receipt of the recommendation of the Land Use Commission, the City Council shall either approve the special use, approve the special use subject to conditions, or deny the special use.

(Ord. No. 43-O-93; Ord. No. 52-O-22, § 12, 6-27-2022)

(A)

Whenever in conjunction with an application for a special use an applicant files an application for a variation pursuant to Section 6-3-8 of this Chapter, the Land Use Commission shall combine the applications and review them simultaneously. The City Council may also combine the applications and review them simultaneously. Before any action is taken on the special use however, the City Council shall first act to approve, approve with conditions or disapprove the application for the special use.

(B)

This Section shall not apply to applications for planned developments. The approval of a variation in combination with a planned development is expressly prohibited.

(Ord. No. 43-O-93; Ord. No. 52-O-22, § 13, 6-27-2022)

The Land Use Commission shall only recommend approval, approval with conditions, or disapproval of a special use based upon written findings of fact with regard to each of the standards set forth below and, where applicable, any special standards for specific uses set forth in the provisions of a specific zoning district:

(A)

It is one of the special uses specifically listed in the zoning ordinance;

(B)

It is in keeping with purposes and policies of the adopted comprehensive general plan and the zoning ordinance as amended from time to time;

(C)

It will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood and the effect of the proposed type of special use upon the City as a whole;

(D)

It does not interfere with or diminish the value of property in the neighborhood;

(E)

It can be adequately served by public facilities and services;

(F)

It does not cause undue traffic congestion;

(G)

It preserves significant historical and architectural resources;

(H)

It preserves significant natural and environmental features; and

(I)

It complies with all other applicable regulations of the district in which it is located and other applicable ordinances, except to the extent such regulations have been modified through the planned development process or the grant of a variation.

(Ord. No. 43-O-93; Ord. No. 52-O-22, § 14, 6-27-2022)

(A)

Based on evidence presented by the applicant, and any other evidence, the Land Use Commission may find that: 1) there exists a public need in Evanston for a transitional shelter at a given location; and 2) the property line for the proposed transitional shelter is not within one thousand (1,000) feet of the property line of an existing transitional shelter. The Land Use Commission shall determine the minimum number of beds which the applicant is to provide as a preference for those with a relationship to Evanston based on prior residence or employment in Evanston.

(B)

Unless otherwise restricted by the special use permit, such restrictions, based upon the Land Use Commission's determination of public need and other special use standards, the maximum number of occupants permitted to remain in any such shelter shall be determined by the applicable requirements of the adopted building code, but in no case shall exceed thirty (30) occupants (subject to requirements set forth in Subsection (A) of this Section).

(C)

In conjunction with the special use authorizing a transitional shelter, the owner or operator of a transitional shelter shall be required to obtain a license for the operation of a transitional shelter from the health and human services department of the City. The license shall be granted for a period of one (1) year commencing on the date of issuance. Thereafter, the license may be renewed for a one (1) year period subject to a review and determination by the health and human services department.

(Ord. No. 43-O-93; Ord. No. 52-O-22, § 15, 6-27-2022)

The City Council, upon recommendation of the Land Use Commission, in the case of planned developments, may impose such conditions and limitations concerning use, construction, character, location, landscaping, screening, parking and other matters relating to the purposes and objectives of this Ordinance upon the premises benefited by a special use as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services. However, such conditions shall not be used as a device to authorize as a special use that which is intended to be temporary in nature. Such conditions shall be expressly set forth in the ordinance granting the special use permit. Violation of any such condition or limitation shall be a violation of this Ordinance and shall constitute grounds for revocation of the special use permit pursuant to Section 6-3-10-6 of this Chapter.

(Ord. No. 43-O-93; Ord. No. 52-O-22, § 16, 6-27-2022)

The listing of a special use within each zoning district does not constitute an assurance or presumption that such special use will be approved. Rather, each proposed special use shall be evaluated on an individual basis, in relation to its compliance with the standards and conditions set forth in this Section 6-3-5 and with the standards for the district in which it is located, in order to determine whether approval of the special use is appropriate at the particular location and in the particular manner proposed.

(Ord. No. 43-O-93)

The approval of a proposed special use 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 building permit and a certificate of occupancy.

(Ord. No. 43-O-93)

(A)

Subject to an extension of time granted by the City Council, no special use permit shall be valid for a period longer than one (1) year 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 commenced within that period or unless a longer time is requested and granted by the City Council.

(B)

The approval of a proposed special use by the City Council shall be deemed to authorize only that particular use at that particular location for which the special use was issued.

(C)

Except when otherwise provided in the ordinance for approving a special use, a special 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. Unless the new use is determined by the Zoning Administrator to be of greater intensity than the existing approved special use, the ordinance approving the existing special use shall apply to the new use pursuant to Section 6-3-5-15(D). A new use that is determined to be of greater intensity shall submit for a new special use pursuant to Section 6-3-5 "Special Uses".

(D)

Subject to an exception granted by the City Council, any special use shall automatically terminate and be rendered void, without further action by the City, if, for a continuous period of two (2) years, the land, structure, or portion thereof for which the City Council has granted said special use either becomes vacant and remains unoccupied, or is occupied for a use other than said special use. Subsequent to such termination, any use or occupancy of said land, structure, or portion thereof, shall comply with the then current use regulations of the zoning district wherein it is located.

(Ord. No. 43-O-93; Ord. 89-O-09; Ord. No. 48-O-21, § 4, 5-10-2021)

(A)

Purpose. Administrative review uses are commonly sought in non-residential districts but, because of their potential adverse impact upon the immediate neighborhood and the City, as a whole, require a greater degree of scrutiny and review of site characteristics and impacts to determine their suitability in a given location. As such, the determination of administrative review uses as appropriate shall be contingent upon their meeting a set of specific standards pursuant to Section 6-3-5-16(J) "Standards for Administrative Review Uses" and the weighing, in each case, the public need and benefit against the local impact, giving effect to the proposals of the applicant for ameliorating adverse impacts through special site planning and development techniques based on the common guiding conditions pursuant to Section 6-3-5-16(H) "Conditions", and additional conditions as may be necessary or appropriate.

Administrative review uses are intended to provide appropriate scrutiny for the Zoning Administrator, Community Development Director, and City Manager or his/her/their designee to determine if a specific use in a given location is consistent with the City's goals and policies and designate approval with conditions, denial, or defer to the special use process for a public hearing with public notification and a final determination by the City Council.

(B)

Applicable Uses.

1.

Applicable uses shall be listed as administrative review uses in the underlying zoning district and/or overlay district.

2.

All administrative review uses may process as a special use in the underlying zoning district and/or overlay district if the determination by the Zoning Administrator, Community Development Director, and City Manager or his/her/their designee is any one of the following:

a.

Deferral of the use to the special use process.

b.

Denial of the administrative review use.

c.

Appeal of an administrative review use that is approved with conditions.

3.

When any administrative review use is processed as a special use, applicable fees shall include the application and mailing fees associated with the special use process pursuant to Section 6-3-5 "Special Uses".

(C)

Combined Applications Prohibited. Whenever in conjunction with an application for a special use, major variation, amendment, unique use, planned development, or any other form of zoning relief requiring a final determination by the Land Use Commission or the City Council, an administrative review use is expressly prohibited and shall instead process as a special use with a final determination by the City Council pursuant to Section 6-3-5 "Special Uses".

(D)

Submission Requirements. An applicant for an administrative review use shall submit for a zoning analysis to begin the administrative review use pursuant to Section 6-3-5-16(E) "Review Procedure".

(E)

Review Procedure. The Zoning Administrator shall review the documents submitted and determine whether additional information is necessary to make a determination. Additional information that may be required prior to obtaining a recommendation by the Design and Project Review Committee may include, but is not limited to, the following:

1.

Business summary including hours of operation and delivery plan.

2.

Public notification to adjacent properties or specific mailing area.

3.

Employee and/or customer parking plan.

4.

Sustainability plan.

5.

Noise mitigation plan.

Additional documentation may continue to be requested until adequate information is provided to achieve a final determination pursuant to Section 6-3-5-16(J) "Standards for Administrative Review Uses".

(F)

Fees. An applicant for an administrative review use shall pay fees in connection with the submittal of the application for zoning analysis in accordance with fee schedules adopted, from time to time, by the City Council upon recommendation of the Zoning Administrator.

(G)

General Notice and Opportunity to Comment. Pursuant to Section 6-3-5-16(I) "DAPR Recommendation", the Design & Project Review Committee's review, discussion and recommendation shall serve as appropriate general notice and opportunity to comment unless further notice is requested by the Zoning Administrator.

(H)

Conditions. The Zoning Administrator may impose such conditions and limitations concerning use, construction, character, location, landscaping, screening, parking and other matters relating to the purposes and objectives of this Ordinance upon the premises benefited by an administrative review use as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services. Such conditions shall be expressly set forth in the certificate of zoning compliance granting the administrative review use. Violation of any such condition or limitation shall be a violation of this Ordinance and shall constitute grounds for revocation of the administrative review use pursuant to Section 6-3-10-6 of this Chapter.

Guiding conditions for consideration by the Zoning Administrator may include the following listed conditions historically imposed on such special uses by the City Council prior to the effective date of this Ordinance, as well as any other conditions as are necessary and appropriate:

1.

Type 2 Restaurants.

A.

Hours of operation shall be appropriate for safety and noise, typically not to exceed 6:00 a.m.—midnight during the week, and 6:00 a.m.—1:00 a.m. on weekends.

B.

Adherence to a sustainability plan that requires litter pickup surrounding the subject property, recycling, and encourages composting, use of tap water, and other environmentally friendly business practices.

C.

Deliveries shall be appropriate for noise and traffic patterns, typically via the rear of property/alley or within a private parking lot, and outside of rush-hour traffic timing.

D.

Employees restricted from using on-street metered parking.

2.

Commercial Indoor Recreation.

A.

Hours of operation shall be appropriate for noise and parking demand, typically not to exceed 6:00 a.m.—9:00 p.m., seven (7) days a week.

B.

Use of amplified music is prohibited; or additional restrictions for soundproofing and closing windows and doors during amplified music use.

C.

Employees restricted from using on-street metered parking.

3.

Office (Ground-Floor).

A.

Hours of operation shall be appropriate for the surrounding neighborhood, typically not to exceed 8:00 a.m.—9:00 p.m., seven (7) days a week.

B.

Employees restricted from using on-street metered parking, and dedicated parking/drop off required for medical office patrons.

C.

Active storefront required that may include a retail component, transparent windows to customer lobbies, and murals where window coverings are necessary.

4.

Financial Institution (Ground-Floor).

A.

Hours of operation shall not exceed 7:00 a.m.—9:00 p.m., seven (7) days a week.

B.

Employees restricted from using on-street metered parking.

C.

Access to a 24-hour ATM for customer use.

Recommended conditions, as well as pertinent application details, shall be forwarded to the Design & Project Review Committee pursuant to Section 6-3-5-16(I) "DAPR Recommendation".

(I)

DAPR Recommendation. Any administrative review use shall proceed to the Design & Project Review Committee, with conditions recommended by the Zoning Administrator, for review, discussion, and a recommendation to the Zoning Administrator, Community Development Director, and City Manager or his/her/their designee for a final determination.

DAPR review shall also serve as a method of general public notification as any administrative review use is published on a public notice of a meeting and committee agenda.

(J)

Standards for Administrative Review Use. Any administrative review use proposed pursuant to this Section shall be required to meet the general standards for administrative review uses. In considering an administrative review use, the Zoning Administrator, Community Development Director, and City Manager or his/her/their designee. may approve such administrative review use with conditions pursuant to Section 6-3-5-16(H) only upon finding that the application complies with the standards set forth below:

1.

The use shall not cause a negative cumulative effect on surrounding properties or the immediate neighborhood.

2.

The use shall not interfere with or diminish the value of properties in the area.

3.

The use shall not cause undue traffic, parking congestion or noise.

4.

The use shall comply with the purposes and policies of the adopted Comprehensive General Plan.

5.

The use shall be appropriate when considering the surrounding vacancy rate, public health concerns, other and nearby uses.

The Zoning Administrator, Community Development Director, and City Manager or his/her/their designee shall deny or defer to the special use process any administrative review use that does not comply with the standards for administrative review use based on the documentation provided within the application.

(K)

Notification of Decision. The final determination and any conditions for approval shall be stated on a Certificate of Zoning Compliance and provided to the applicant. The final determination may be appealed through the special use process pursuant to Section 6-3-5-16(B) "Applicable Uses."

(Ord. No. 48-O-21, § 5, 5-10-2021; Ord. No. 17-O-22, § 21, 3-28-2022; Ord. No. 52-O-22, § 17, 6-27-2022)

Editor's note— Ord. No. 48-O-21, § 5, adopted May 10, 2021, repealed and reenacted Section 6-3-5-16 in its entirety to read as herein set out. Formerly, Section 6-3-5-16 pertained to the substitution for an existing use, and derived from Ord. No. 43-O-93; Ord. 102-O-94; Ord. No. 68-O-14, § 5, adopted August 11, 2014; Ord. No. 49-O-16, § 3, adopted July 25, 2016, and Ord. No. 44-O-17, § 6, adopted September 11, 2017.

(A)

Applicants for a special use (exclusive of planned developments) and owners of property within a five hundred (500) foot radius of the subject property, inclusive of public roads, streets, alleys and other public ways, shall have the following rights, in addition to any others they may possess by law, at any special use hearing before the Land Use Commission:

1.

To inspect all documents and material submitted as part of the application for the special use prior to the hearing.

2.

To reasonably examine all witnesses testifying.

3.

To present witnesses on their behalf.

(B)

Eligible property owners, as set forth above, who wish to object shall, upon written request, be granted one (1) continuance for the purpose of presenting evidence to rebut testimony given by the applicant. The date of such continued hearing shall be at the discretion of the Commission.

(Ord. No. 43-O-93; Ord. 102-O-94; Ord. No. 52-O-22, § 18, 6-27-2022)

See Section 6-3-6 of this Chapter for planned developments.

(Ord. No. 43-O-93)

Planned developments are a type of special use that is intended to encourage the efficient use of land and resources, to promote greater efficiency in public and utility services and to encourage innovation in the planning and building of all types of development. A planned development may be approved by the City Council following review and recommendation by the Land Use Commission.

(Ord. No. 43-O-93; Ord. No. 52-O-22, § 19, 6-27-2022)

The City Council may, in accordance with the procedures and standards set forth in Section 6-3-5 of this Chapter and this Section 6-3-6, and other standards and regulations applicable to the district in which the subject property is located, approve by ordinance, planned developments for uses as listed within each zoning district.

(Ord. No. 43-O-93)

The public benefits to the surrounding neighborhood and the City as a whole that are intended to be derived from the approval of planned developments, include, but are not limited to:

(A)

Preservation and enhancement of desirable site characteristics and open space.

(B)

A pattern of development which preserves natural vegetation, topographic and geologic features.

(C)

Preservation and enhancement of historic and natural resources that significantly contribute to the character of the City.

(D)

Use of design, landscape, or architectural features to create a pleasing environment or other special development features.

(E)

Provision of a variety of housing types in accordance with the City's housing goals.

(F)

Elimination of blighted structures or incompatible uses through redevelopment or rehabilitation.

(G)

Business, commercial, and manufacturing development to enhance the local economy and strengthen the tax base.

(H)

The efficient use of the land resulting in more economic networks of utilities, streets, schools, public grounds, buildings, and other facilities.

(I)

The substantial incorporation of generally recognized substainable design practices and/or building materials to promote energy conservation and improve environmental quality, such as level silver or higher LEED (leadership in energy and environmental design) certification.

(Ord. 96-O-06)

(A)

A planned development, where permitted as a special use, may be established for any parcel or tract of land under single ownership or control, to be planned and developed or redeveloped as a unit in a manner consistent with the intent and purpose for which a planned development is permitted.

(B)

Subject to the specific planned development standards and limitations applicable to each zoning district, a planned development, pursuant to the provisions for site development allowances in Section 6-3-6-5 of this Chapter, may vary from the minimum lot area, height, lot width, yard, and other standards established in this Ordinance in order to achieve particular design objectives, make provision for open spaces, common areas, utilities, public improvements and uses, provided that such development complies with the development plan review procedures and standards set forth in this Section 6-3-6.

(C)

Development within a planned development shall be limited solely to that set forth on the development plan and related regulations approved as part of the ordinance granting a planned development. Each planned development should be presented and will be judged on its own merits.

(D)

Subject to an extension of time granted by the City Council, no planned development, as a form of special use, shall be valid for a period longer than one (1) year unless: A building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion; or unless a longer time is requested and granted by the City Council.

(Ord. No. 43-O-93; Ord. 69-0-09)

Subject to the specific standards and limitations established for planned developments in each zoning district, the Land Use Commission may recommend approval of, and the City Council may grant, site development allowances for a planned development relative to the following features affecting bulk and density:

(A)

Floor Area Ratio: The overall floor area ratio of a planned development may exceed the maximum floor area ratio otherwise permitted in the zoning district.

(B)

Height: The maximum height permitted in the zoning districts may be increased in connection with a planned development.

(C)

Location And Placement Of Buildings: The location and placement of buildings may vary from the requirements of the underlying regulations, provided, however, that such allowances are in harmony with surrounding development.

(D)

Off Street Parking And Loading: The number and location of off street parking and loading may vary from the requirements of this Ordinance.

(E)

Number Of Dwelling Units: Increases may be granted in the number of dwelling units per lot area over that otherwise permitted in the underlying zoning district as an incentive for providing the benefits of a planned development.

(F)

Building Lot Coverage: Increase may be granted in the maximum building lot coverage over that otherwise permitted in the underlying zoning district as an incentive for providing the benefits of a planned development.

(G)

Impervious Surface Coverage: Increase may be granted in the maximum allowed impervious surface coverage over that otherwise permitted in the underlying zoning district as an incentive for providing the benefits of a planned development.

(Ord. 115-O-04; Ord. No. 52-O-22, § 20, 6-27-2022)

The City Council may, upon the recommendation of the Land Use Commission, approve a modification to a site development allowance in excess of that established in a zoning district, provided the City Council shall first make a written finding of fact that the modification is essential to achieve one (1) or more of the public benefits described in Section 6-3-6-3 of this Chapter. Approval of the modification shall require a favorable vote of two-thirds (⅔) of the aldermen elected to the City Council, except where a majority vote is allowed per Section 5-7-13 of the City Code.

(Ord. No. 43-O-93; Ord. No. 54-O-19, § 1, 7-8-2019; Ord. No. 52-O-22, § 21, 6-27-2022)

(A)

Pre-Application Zoning Analysis: Prior to submitting a planned development application for approval, an applicant shall submit to the Zoning Administrator or his or her designee, a zoning analysis including the minimum information as stated in Subsection 6-3-6-7(B). The purpose of such is to provide initial zoning review, obtain preliminary feedback from staff that are members of the Design and Project Review (DAPR) Committee and facilitate the filing and consideration of a complete application. The pre-application zoning analysis is intended to facilitate the filing and consideration of a complete application, and no representation made by the Zoning Administrator or Design and Project Review and shall be binding upon the City with respect to the application subsequently submitted.

(B)

Information Needed for Pre-Application Zoning Analysis: The applicant shall include the following information at the time of submittal of a zoning analysis for a planned development:

1.

Conceptual site plan and development plans.

2.

Plat of survey (including the location of utilities).

3.

Proposed elevations.

4.

Narrative summary of proposal (including breakdown of uses within the proposed development, number of dwelling units if applicable and number of parking spaces).

5.

Description of adjacent land uses and neighborhood characteristics.

6.

Description of critical historical structures, details or characteristics (if applicable).

7.

A preliminary Inclusionary Housing Ordinance proposal.

(C)

Results of Pre-Application Zoning Analysis: Upon receipt of the zoning analysis application, the Zoning Administrator or his or her designee, shall circulate the application to staff members for additional review and comment. Within fifteen (15) working days from receipt of the zoning analysis application, a review letter consisting of the completed zoning analysis and compiled staff comments shall be provided to the applicant.

(D)

Community Meeting: At the discretion of the Councilmember whose ward in which the proposed development would be constructed, a community meeting may be held in order for the applicant to present their proposal. This meeting can occur prior to or following the submission of the official planned development application and prior to Design and Project Review.

(E)

Planned Development Application Submission Requirements: An applicant for a planned development shall file an application with the Land Use Commission on a form provided by the Zoning Administrator. The application shall include at least the information listed in Section D.4 of Appendix D of this Ordinance, "Planned Development Application Submission Requirements."

(No. 50-O-14, §§ 5, 6, 10-27-2014; Ord. No. 52-O-22, § 22, 6-27-2022; Ord. No. 63-O-22, § 10, 8-8-2022)

(A)

Staff Review Letter: All applications for planned developments will be given priority review by the Zoning Administrator. Upon the review of an application for a planned development, the Zoning Administrator shall, pursuant to Section 6-3-3-1, notify the developer of any deficiencies and or modifications necessary to perfect the planned development application. After determining that the application is complete pursuant to Section 6-3-3-1, the Zoning Administrator, or his or her designee, shall at the same time circulate the application to staff for additional review and comment. A review letter of a revised zoning analysis and compiled staff comments will then be provided to the applicant within fifteen (15) working days from the date of receipt of the complete planned development application.

(B)

Design and Project Review: Subsequent to release of the staff review letter, the Zoning Administrator shall schedule the application for Design and Project Review at which time a formal presentation of the planned development application will be presented. The Committee shall review and provide recommendation on the application pursuant to Title 4, Chapter 14 of the City Code.

(C)

Public Hearing: Subsequent to Design and Project Review, the Zoning Administrator shall schedule a public hearing to be held by the Land Use Commission at which time a formal presentation of the planned development application will be presented. The public hearing shall be held not less than fifteen (15) calendar days and no more than sixty (60) calendar days from the date of receipt of the complete application, subject to agenda availability of the Land Use Commission.

(D)

General Notice of Public Hearing: The Zoning Administrator shall cause notice to be published of a public hearing to be held by the Land Use Commission. The public notice shall be published a minimum of fifteen (15) days prior to the hearing date and a maximum of thirty (30) days prior to the hearing date. In addition, a sign shall be posted on the property for a minimum of ten (10) working days prior to the public hearing indicating the place, time and date of the hearing. Such notice shall be sufficient notice for the initial hearing. Subsequent notices are not required for continuances of a hearing, if any.

(E)

Mailed Notices Required: The City will provide notice, through the use of a third party service, by first class mail to all owners of property within a one thousand (1,000) foot radius of the property lines of the subject property, inclusive of public roads, streets, alleys and other public ways from the subject property whose addresses appear on the current tax assessment list as provided by the City. The applicant must pay any and all fees and postage associated with mailing such notice pursuant to this Section. The City reserves the right to provide the aforementioned notice by first class mail where the Zoning Administrator finds it necessary. The failure of delivery of such notice, however, does not invalidate any such hearing. Such notice is sufficient notice for the initial hearing. Subsequent notices are not required for continuances of a hearing, if any.

(F)

Content of Published and Mailed Notices: Published and mailed notices shall contain the time, date, and place of the public hearing. Additionally, the published and mailed notices shall contain the following:

1.

A statement indicating that the petition is a request for a planned development;

2.

The address of the subject property requesting the planned development;

3.

The current zoning classification of the property requesting the planned development;

4.

The time and place where the petition proposing the planned development will be available for examination for a period of at least ten (10) days prior to the public hearing;

5.

The name of the person responsible for giving notice of the public hearing by publication or by mail, or by publication and mail;

6.

Any other information requested by the Land Use Commission; and

7.

A statement that after the conclusion of the hearing the matter will be submitted to the City Council for its action.

(G)

Recommendation: The Land Use Commission shall conduct a public hearing to review the application for the proposed planned development. The Land Use Commission shall make a recommendation within sixty (60) calendar days of the close of the public hearing to the City Council for its decision in accordance with the procedures for special uses set forth in Section 6-3-5-8. The Land Use Commission may, upon agreement with the applicant, extend the sixty (60) calendar day review period. The maximum length of any extension, however, shall be limited to ninety (90) calendar days.

(H)

Continued Hearings or Meetings: In the instance a hearing or meeting is continued to a date certain, the date and time of the continued hearing or meeting shall be announced at the time and place of the hearing being continued, and the continued hearing's notice requirements shall be deemed satisfied. If for any reason the continued hearing or meeting date or time needs to be changed, the Zoning Administrator shall, in his or her best effort, provide the public with the new date and time of the continued hearing by:

1.

Posting the continued meeting or hearing notice at the Civic Center; and

2.

Posting the continued meeting or hearing notice on the City's website.

Failure to provide such notice, however, shall not invalidate any such continued hearing or meeting.

(I)

In the event a quorum is not present for the initial meeting or a continued meeting, a majority of the Board or Commission members present may reschedule the meeting to a new date and time. No additional mailed or published notices shall be required for meetings continued as provided in Subsection 6-3-6-8(H).

(Ord. No. 68-O-14, § 6, 8-11-2014; Ord. No. 49-O-16, § 4, 7-25-2016; Ord. No. 44-O-17, § 7, 9-11-2017; Ord. No. 52-O-22, § 23, 6-27-2022; Ord. No. 63-O-22, § 10, 8-8-2022)

The Land Use Commission shall only recommend approval, approval with conditions, or disapproval of a planned development based upon written findings of fact with regard to each of the standards for special uses pursuant to Section 6-3-5-10 as well as the following additional standards for planned developments, and including any special standards for specific uses set forth in the provisions of a specific zoning district.

Additional standards for planned developments:

1.

The requested Site Development Allowance(s) will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties that is beyond a reasonable expectation given the scope of the applicable Site Development Allowance(s) of the Planned Development location.

2.

The proposed development is compatible with the overall character of existing development in the immediate vicinity of the subject property.

3.

The development site circulation is designed in a safe and logical manner to mitigate potential hazards for pedestrians and vehicles at the site and in the immediate surrounding area.

4.

The proposed development aligns with the current and future climate and sustainability goals of the City.

5.

Public benefits that are appropriate to the surrounding neighborhood and the City as a whole will be derived from the approval of the requested site development allowance(s).

(Ord. No. 52-O-22, § 24, 6-27-2022; Ord. No. 63-O-22, § 7, 8-8-2022)

The ordinance approving a planned development shall further contain a legal description of the property subject to such planned development, and said ordinance, along with the development plan, shall be recorded by the applicant in the office of the Cook County Recorder before any permits may be obtained. A copy of the ordinance approving a planned development along with the development plan shall also be filed with the Planning and Zoning Department.

(A)

Applicants for a planned development and owners of property within one thousand (1,000) feet inclusive of public roads, streets, alleys and other public ways, shall have the following rights, in addition to any others they may possess by law, at any hearing before the Land Use Commission:

1.

To inspect all documents and material submitted as part of the application for the special use prior to the hearing.

2.

To present witnesses on their behalf.

(B)

Eligible property owners, as set forth above, who wish to object shall, upon written request, be granted one (1) continuance for the purpose of presenting evidence to rebut testimony given by the applicant. The date of such continued hearing shall be at the discretion of the Commission.

(Ord. 102-O-94; Ord. No. 52-O-22, § 25, 6-27-2022)

(A)

New Application Required for Amendments: Except for minor and major adjustments authorized pursuant to Subsections 6-3-6-12(8) and 6-3-6-12(C) no amendment shall be made in the construction, development or use of a planned development without a new application under the provisions of this Ordinance. The date of completion of a planned development, for which an amendment has been proposed, may be extended by the City Council for good cause.

(B)

Major Adjustments: Prior to construction or during build-out of the planned development, the City Council may authorize major adjustments to the approved development plan. Major adjustments are limited to the following:

1.

Any alteration in the development plan that requests or establishes a new site development allowance.

2.

Any alteration in the development plan that requests or establishes an increase in the degree of an approved site development allowance.

Major adjustments shall follow the full process and requirements for new planned development proposals pursuant to Section 6-3-6 and including the application procedure outlined in Subsection 6-3-6-7. Such process includes public notification to all property owners within one thousand (1,000) of the development boundaries and a public hearing with the Land Use Commission pursuant to Subsection 6-3-6-8, standards for approval outlined in Subsection 6-3-6-9, and a final determination by the City Council pursuant to Subsection 6-3-6-2.

(C)

Minor Adjustments: Prior to construction or during build-out of the planned development, the City Council may authorize minor adjustments to the approved development plan. Any adjustment to the development plan not authorized by Subsection (B) of this Section shall be considered a minor adjustment. Such minor adjustments include the following:

1.

Any alteration in the development plan that does not request or establish a new site development allowance.

2.

Any alteration in the development plan that decreases the degree of an existing site development allowance.

3.

Any alteration to a building facade and/or primary building materials.

4.

Modification to conditions and/or public benefits listed within the approved ordinance.

5.

Extensions to development and construction timelines listed within the approved ordinance.

Minor Adjustments shall not include any alteration to the development plan that results in an increase in zoning relief that is within the purview of the Land Use Commission. The Zoning Administrator may, at his/her/their discretion, require of the applicant an updated zoning analysis application and/or additional studies or impact analyses when he/she/they determine a reasonable need for such investigation is indicated. Minor adjustments may be reviewed by the Design & Project Review Committee if deemed necessary by the Zoning Administrator pursuant to the development alterations proposed. Minor adjustments shall then proceed directly to the Planning & Development Committee, and include a final determination by the City Council pursuant to Subsection 6-3-6-2.

(Ord. 102-O-94; Ord. No. 68-O-14, § 7, 8-11-2014; Ord. No. 50-O-14, § 25, 10-27-2014; Ord. No. 66-O-15, § 6, 6-22-2015; Ord. No. 49-O-16, § 5, 7-25-2016; Ord. No. 44-O-17, § 8, 9-11-2017; Ord. No. 52-O-22, § 26, 6-27-2022; Ord. No. 69-O-23, § 53, 7-24-2023)

The approval of a proposed planned development use by the City Council shall not authorize the construction, reconstruction, alteration or moving of any building or structure, but shall 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 building permit and a certificate of occupancy.

Fees for adjustments to a development plan shall be as set forth in Section 6-3-5-6 of this Chapter.

(A)

Unique Use: The purpose of a unique use permit is to allow a use which is determined by the City Council, to be an unusual one-of-a-kind use that is not listed as an authorized special or permitted use within a particular zoning district, but would be of substantial land use or economic benefit to the City, and whose authorization would not be appropriate through a zoning amendment.

(B)

Unique Adaptive Use Exception: The purpose of the unique adaptive use permit is to allow for conversion to a use not listed as an authorized special or permitted use in the zoning district to be developed predominantly within an existing structure or structures which have been as the principal means to preserve and assure the continued existence of said structure(s).

Unique Adaptive Use Exception: The purpose of the unique adaptive use permit is to allow for conversion to a use not listed as an authorized special or permitted use in the zoning district to be developed predominantly within an existing structure or structures which have identified adaptive use as the principal means to preserve and assure the continued existence of said structure(s).

(Ord. 49-O-04; Ord. No. 68-O-23, § 13, 7-14-2023)

The City Council may, in accordance with the procedures and standards set forth in this Section 6-3-7 and other regulations applicable to the district in which the subject property is located, approve unique uses by ordinance.

(Ord. 49-O-04)

An application for a unique use permit may be filed with the Zoning Administrator by the owner or lessee of the subject property or other person having a legal or equitable interest in the subject property.

(Ord. 49-O-04)

An applicant for a unique use shall file an application in accordance with the following requirements:

(A)

Formal Application: Application for unique use approval shall be filed with the Zoning Administrator in order to obtain the review and written comments from the appropriate departments, boards, and commissions.

(B)

Content of Application: Each application shall contain at least the information listed in Section D.5, "Submission Requirements For Unique Uses," Appendix D of this Title.

(Ord. 49-O-04; Ord. No. 50-O-14, § 26, 10-27-2014; Ord. No. 66-O-15, § 7, 6-22-2015; Ord. No. 68-O-23, § 14, 7-14-2023)

An application for a unique use shall be processed in accordance with the following procedures:

(A)

Public Hearing: After the filing of a perfected application for a unique use, the Zoning Administrator shall transmit the application to the Land Use Commission and schedule a date for public hearing.

(B)

Staff Review Procedure: The Zoning Administrator shall schedule and conduct a staff review conference to review the comments received from the various departments and boards pursuant to Subsection 6-3-7-4(A) of this Chapter. Following the staff review conference, the Zoning Administrator shall forward staff's written report to the Land Use Commission.

(C)

General Notice of Public Hearing: Notice of the public hearing required in Subsection (A) of this Section shall be given by the Land Use Commission by one (1) publication in one (1) or more newspapers of general circulation. Notice shall be published within a minimum of fifteen (15) days prior to the hearing date and a maximum of thirty (30) days prior to the hearing date. Such notice shall be sufficient notice for the initial hearing. Subsequent notices are not required for continuances of a hearing, if any.

(D)

Mailed Notices Required: The City will provide notice, through the use of a third party service, by first class mail to all property owners within five hundred (500) feet of the property lines in each direction of the subject property, inclusive of public roads, streets, alleys and other public ways from the subject site whose addresses appear on the current tax assessment list as provided by the City. The applicant must pay any and all fees and postage associated with mailing such notice pursuant to this Section. The City reserves the right to provide the aforementioned notice by first class mail where the Zoning Administrator finds it necessary. The failure of delivery of such notice, however, shall not invalidate any such hearing. In addition, a sign shall be posted on the property for a minimum of ten (10) working days prior to the public hearing indicating the place, time and date of the hearing. Such notice shall be sufficient notice for the initial hearing. Subsequent notices are not required for continuances of a hearing, if any.

(E)

Content of Published and Mailed Notices: Published and mailed notice shall contain the time, date and place of the public hearing.

(F)

Applicant Rights: Applicants for a unique use and owners of property within five hundred (500) feet inclusive of public roads, streets, alleys and other public ways, shall have the following rights, in addition to any others they may possess by law, at any hearing before the Land Use Commission:

1.

To inspect all documents and material submitted as part of the application for the unique use prior to the hearing.

2.

To present witnesses on their behalf.

(G)

Objection of Property Owners: Eligible property owners, as set forth above, who wish to object shall, upon written request, be granted one (1) continuance for the purpose of presenting evidence to rebut testimony given by the applicant. The date of such continued hearing shall be at the discretion of the commission.

(H)

Continued Hearings or Meetings: In the instance a hearing or meeting is continued to a date certain, the date and time of the continued hearing or meeting shall be announced at the time and place of the hearing being continued, and the continued hearing's notice requirements shall be deemed satisfied. If for any reason the continued hearing or meeting date or time needs to be changed, the Zoning Administrator shall, in his or her best effort, provide the public with the new date and time of the continued hearing by:

1.

Posting the continued meeting or hearing notice at the Civic Center; and

2.

Posting the continued meeting or hearing notice on the City's website.

Failure to provide such notice, however, shall not invalidate any such continued hearing or meeting.

(I)

In the event a quorum is not present for the initial meeting or a continued meeting, a majority of the Commission members present may reschedule the meeting to a new date and time. No additional mailed or published notices shall be required for meetings continued as provided in Section 6-3-7-5(1).

(Ord. 49-O-04; Ord. No. 68-O-14, § 8, 8-11-2014; Ord. No. 49-O-16, § 6, 7-25-2016; Ord. No. 44-O-17, § 9, 9-11-2017; Ord. No. 52-O-22, § 27, 6-27-2022; Ord. No. 68-O-23, § 15, 7-14-2023)

If prior to the close of a Land Use Commission hearing pursuant to Subsection 6-3-4-6(E) of this Chapter a written protest against any proposed unique use, signed and acknowledged by thirty percent (30%) of the owners of property whose lot lines are located within a five hundred (500) foot radius of the boundary of the area of the unique use, inclusive of public rights of way, is filed with the City clerk, approval of the unique use shall require a favorable vote of three-fourths (3/4) of the aldermen elected to the City Council.

(Ord. 49-O-04; Ord. No. 52-O-22, § 28, 6-27-2022; Ord. No. 68-O-23, § 16, 7-14-2023)

After receipt of the staff's written report with respect to the proposed unique use, the Land Use Commission shall hold a public hearing in accordance with the adopted rules and procedures of the commission. The staff's written report shall be considered at the public hearing. After the public hearing, the commission shall recommend to the City Council based on written findings of fact, that the council: a) approve the unique use; b) approve the unique use subject to specific conditions in applicable zoning requirements; or c) deny the unique use.

(Ord. 49-O-04; Ord. No. 52-O-22, § 29, 6-27-2022)

Upon receipt of the recommendation of the Land Use Commission, the City Council shall either approve the unique use, approve the unique use subject to conditions, or deny the unique use.

(Ord. 49-O-04; Ord. No. 52-O-22, § 30, 6-27-2022)

Following the decision of the City Council, the Zoning Administrator shall notify the applicant in writing of the City Council's decision.

(Ord. 49-O-04)

The Land Use Commission may only recommend approval, approval with conditions, or disapproval of a unique use permit based upon written findings of fact with regard to each of the following standards:

(A)

Evidence of special and extraordinary need for the unique use which shall include evidence of unique characteristics of the subject property, proposed use, and/or the neighborhood surrounding the subject property.

(B)

Evidence that the unique use will be of some affirmative benefit, from a land use or economic standpoint, to the City and its residents.

(C)

Evidence that authorization of the use would not be appropriate through a zoning amendment.

(D)

Evidence that the project is designed to be reasonably compatible with surrounding properties and neighborhood.

(E)

Evidence that the proposed use and the development are consistent with and implement the planning goals and objectives of the City, as contained in the adopted comprehensive general plan and other pertinent policy resolutions, particularly in terms of:

1.

Land use intensity.

2.

Housing goals.

3.

Preservation goals and policies.

4.

Population policies.

5.

Traffic impact and parking.

6.

Environmental goals and policies.

(F)

Each unique use application shall address the planned development standards of Section 6-3-6-9 of this Chapter, the public benefit standards of Section 6-3-6-3 of this Chapter, and the standards for special uses of Section 6-3-5-10 of this Chapter.

(G)

Applications for unique adaptive use within an existing building envelope shall be exempt from the off-street parking, loading, and maximum density requirements outlined within this Title.

(H)

Existing building setbacks, height, and lot coverage for applications for unique adaptive use shall be permitted to remain and be considered legally non-conforming regardless of a change in use or intensity of use.

(Ord. 49-O-04; Ord. No. 52-O-22, § 31, 6-27-2022; Ord. No. 68-O-23, § 17, 7-14-2023)

The Land Use Commission may recommend, and the City Council may impose, such conditions and limitations concerning use, construction, character, location, landscaping, screening and other matters relating to the purposes and objectives of this Section 6-3-7 upon the premises benefited by a unique use as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services. However, such conditions shall not be used as a device to authorize as a unique use that which is intended to be temporary in nature. Such conditions shall be expressly set forth in the ordinance granting the unique use permit. Violation of any such condition or limitation shall be a violation of this Section 6-3-7 and shall constitute grounds for revocation of the unique use permit.

(Ord. 49-O-04; Ord. No. 52-O-22, § 32, 6-27-2022)

The approval of a proposed unique use by the City Council 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 or approvals that may be required by the regulations of the City, including, but not limited to, a unique use permit, a building permit, a certificate of occupancy and subdivision approval.

(Ord. 49-O-04; Ord. No. 52-O-22, § 33, 6-27-2022; Ord. No. 68-O-23, § 18, 7-14-2023)

(A)

Subject to an extension of time granted by the City Council, no unique use permit shall be valid for a period longer than one (1) year 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 commenced within that period.

(B)

The approval of a proposed unique use by the City Council shall be deemed to authorize only that particular use for which it was issued.

(C)

Except when otherwise provided in the ordinance for approving a unique use, a unique 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.

(Ord. 49-O-04)

Whenever in conjunction with an application for a unique use an applicant files an application for a planned development, the Land Use Commission shall and the City Council may combine the applications and review them simultaneously. At conclusion of the public hearing the Land Use Commission shall forward its recommendation to the City Council within a maximum of thirty (30) calendar days. Before any action is taken on the planned development, the City Council shall first act to approve, approve with conditions or deny the application for a unique use.

(Ord. 49-O-04; Ord. No. 52-O-22, § 34, 6-27-2022)

Whenever in conjunction with applications for a unique use an applicant files an application for a variation, the Land Use Commission shall review the applications. At conclusion of the public hearing the Land Use Commission shall forward its recommendation to the City Council within a maximum of thirty (30) calendar days. The City Council may combine the applications and review them simultaneously; however, before any action is taken on the variation, the City Council shall first act to approve, approve with conditions or disapprove the application for the unique use.

(Ord. 49-O-04; Ord. No. 52-O-22, § 35, 6-27-2022)

An applicant for a unique use shall pay fees in connection with the submittal of the application in accordance with fee schedules adopted, from time to time, by the City Council upon recommendation of the Zoning Administrator.

(Ord. 49-O-04)

The ordinance approving a unique use shall contain a legal description of the property subject to such unique use, and said ordinance, with the development plan, shall be recorded by the applicant in the office of the Cook County recorder before any permits may issue. A copy of the recorded ordinance approving a unique use shall be filed with the Zoning Administrator.

(Ord. 49-O-04)

The purpose of a variation is to relieve a particular hardship or practical difficulty that the regulations of the zoning ordinance may impose upon a landowner because of the special or peculiar characteristics of the property that make compliance with the zoning ordinance difficult or impossible.

(Ord. No. 43-O-93)

The Zoning Administrator, the Land Use Commission, and the City Council, as the case may be, are authorized to approve, approve with conditions, or deny requested variations in accordance with the provisions of this Section 6-3-8 as follows:

(A)

The Zoning Administrator is delegated the authority to grant "minor variations", "fence variations", and "sign variations" as defined in Section 6-3-8-3 of this Chapter;

(B)

The Land Use Commission is delegated the authority to hear appeals from decisions of the Zoning Administrator regarding minor variations, fence variations, and sign variations; to grant family necessity variations; and to grant "major variations," as defined in Section 6-3-8-3 of this Chapter, except as limited below, and combined applications for major and minor variations; and

(C)

The City Council shall retain the authority to grant major variations pertaining to off-street parking for all uses other than single-family and two-family residential, off-street loading, height beyond fifty (50) feet, including within that measurement any height otherwise excluded because the story provides required parking, and townhouse orientation.

(Ord. No. 43-O-93; Ord. 14-O-98; Ord. 95-O-09; Ord. No. 58-O-20, § 3, 6-22-2020; Ord. No. 52-O-22, § 36, 6-27-2022; Ord. No. 68-O-23, § 6, 7-14-2023)

The following variations from this Ordinance are authorized:

(A)

Minor Variations:

1.

Minor Variations consisting of the following types shall be for all uses (residential and commercial) unless specified differently below:

(a)

Accessory structure requirements.

(b)

Yard obstruction requirements beyond those permitted in Section 6-4-1-9(B).

(c)

Setbacks necessary for an upper floor to align with a legally nonconforming setback below (for single-family and two-family uses only).

2.

Minor variations consisting of the following types shall be for single-family and two-family uses only and may be granted up to a maximum of thirty-five percent (35%):

(a)

Front, side, and rear yards and setbacks.

(b)

Height.

(c)

Lot width.

(d)

Building lot coverage.

(e)

Impervious surface.

(f)

Dormer size and location.

(g)

Modification of a residence to meet the special needs of the disabled.

(B)

Fence Variations: Variations from the requirements for fences, set forth in Section 6-4-6-7, "Special Regulations Applicable To Fences," of this Title may be granted subject to the standards and conditions of Subsection 6-3-8-12(B) and Section 6-3-8-14 of this Chapter.

(C)

Family Necessity Variations: The types of minor variations listed in Subsection (A) of this Section may be granted in excess of the maximum of twenty percent (20%) for single-family and two-family uses and residential care homes only, subject to the procedures and standards set forth in Section 6-3-8-7 and Subsection 6-3-8-12(D) of this Chapter respectively in order to:

1.

Modify a residence to meet the special living needs of the disabled.

2.

Modify a residence to provide space for an elderly parent to live with the family of his or her child.

3.

Modify a residence to accommodate a growing family or to alleviate an inconvenience.

(D)

Major Variations: "Major variations" shall be defined as all variations other than minor variations and fence variations, and shall be limited to the following:

1.

Yards and setbacks.

2.

Height.

3.

Lot size, width and depth (including flag lots).

4.

Lot coverage including impervious surface and/or floor area ratio.

5.

Off-street parking and loading.

6.

Home occupations.

7.

Townhouse orientation.

8.

Expansion, alteration, and/or enlargement of legal, nonconforming residential uses that contain no more than four (4) dwelling units and zero (0) lodging rooms/rooming units, and/or construction of accessory uses to such legal, nonconforming residential uses.

(E)

Sign Variations: Variations from the requirements for signs, set forth in Title 6, Chapter 19, "Sign Regulations," may be granted subject to the standards and conditions of Subsection 6-3-8-6 and Subsection 6-3-8-12(F) of this Chapter.

(Ord. 115-O-04; Ord. 94-O-09; Ord. 95-O-09; Ord. No. 4-O-13, § 8, 4-22-2013; Ord. No. 40-O-18, § 3, 8-13-2018; Ord. No. 58-O-20, § 4, 6-22-2020; Ord. No. 63-O-22, § 4, 8-8-2022; Ord. No. 68-O-23, § 7, 7-14-2023)

An application for a minor variation, fence variation, family necessity variation and/or a major variation may be filed with the Zoning Administrator by the owner or lessee of the subject property or by any person having a legal or equitable interest in the subject property.

(Ord. No. 43-O-93)

An application for a variation shall be filed with the Zoning Administrator and shall include the items and information listed in Appendix D, Section D.6, "Submission Requirements. For Variation Applications," of this Title.

(Ord. No. 43-O-93)

Applications for minor variations, fence variations, and sign variations shall be reviewed and decided in accordance with the following procedure:

(A)

Notice and Opportunity to Comment: Upon receipt of a completed application for a minor variation, fence variation, or a sign variation, the City will provide notice, through use of a third party service, by first class mail to all owners of property located within a two hundred fifty (250) foot radius of the subject property, inclusive of public streets, alleys and other public ways whose addresses appear on the current tax assessment list as provided by the City. The applicant must pay any and all fees and postage associated with mailing such notice pursuant to this Section. The City reserves the right to provide the aforementioned notice by first class mail where the Zoning Administrator finds it necessary. The notice shall indicate that the application shall be available for review and submittal of written comments thereon ten (10) working days prior to the Zoning Administrator's determination.

(B)

Zoning Administrator's Decision: Within twenty (20) working days of receipt of a completed application for a minor variation, fence variation, or a sign variation, the Zoning Administrator shall, by written order, either approve, approve with conditions, or deny the requested variation.

(C)

Notification of Decision: The City shall send the Zoning Administrator's decision within ten (10) working days to the applicant and all other persons previously notified pursuant to Subsection (A) of this Section.

(D)

Records: A record of all applications for minor variations, fence variations, and sign variations 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 minor variations, fence variations, and sign variations.

(E)

Appeal: The applicant or an adjacent property owner may appeal the decision of the Zoning Administrator to the Land Use Commission within ten (10) working days of the Zoning Administrator's date of mailing of notification.

(Ord. No. 43-O-93; Ord. No. 102-O-94; Ord. No. 44-O-17, §§ 1, 2, 9-11-2017; Ord. No. 52-O-22, § 37, 6-27-2022; Ord. No. 68-O-23, § 8, 7-14-2023)

Editor's note— Ord. No. 68-O-23, § 8, adopted July 14, 2023, changed the title of Section 6-3-8-6 from "Procedure for minor variations and fence variations" to "Procedure for minor variations, fence variations, and sign variations." The historical notation has been preserved for reference purposes.

Applications for family necessity variations shall be reviewed and decided in accordance with the following procedure:

(A)

Notice and Opportunity to Comment: Upon receipt of a completed application for a family necessity variation the City will provide notice, through use of a third party service, by first class mail to all owners of property located within a two hundred fifty (250) foot radius of the subject property, inclusive of public roads, streets, alleys and other public ways whose addresses appear on the current tax assessment list as provided by the City. The applicant must pay any and all fees and postage associated with mailing such notice pursuant to this Section. The City reserves the right to provide the aforementioned notice by first class mail where the Zoning Administrator finds it necessary. In addition, a sign shall be posted on the property subject to the application and shall remain on the property for a minimum of ten (10) working days prior to the recommendation of the Zoning Administrator. The notice shall indicate that the application shall be available for review and submittal of written comments thereon ten (10) working days prior to the Zoning Administrator's recommendation.

(B)

Zoning Administrator's Recommendation: Within twenty (20) working days of receipt of a completed application for a family necessity variation, the Zoning Administrator shall prepare and submit, in writing, a recommendation of approval, approval with conditions, or denial to the Land Use Commission.

(C)

Land Use Commission Decision: Upon receipt of the Zoning Administrator's recommendation, the Land Use Commission shall first determine if any owner of property located within two hundred fifty (250) feet in each direction of the subject property has commented in opposition to the proposed variation. If no comment in opposition has been received by the Zoning Administrator as of the date of submittal of his recommendation to the Commission, the Commission may approve the requested variation, without holding a public hearing, following the procedure of Subsection 6-3-8-10(B) of this Chapter, and the standards set forth in Subsection 6-3-8-12(D) of this Chapter. If comments in opposition have been received as of the date of the Zoning Administrator's recommendation, the Commission shall hold a public hearing and render its decision in accordance with the procedures of Sections 6-3-8-10 and 6-3-8-11 of this Chapter.

(Ord. No. 43-O-93; Ord. No. 102-O-94; Ord. No. 44-O-17, § 3, 9-11-2017; Ord. No. 52-O-22, § 38, 6-27-2022)

An appeal of any decision of the Zoning Administrator regarding an application for a minor variation, fence variation, or a sign variation shall be made to the Land Use Commission and processed in accordance with the provisions of Section 6-3-11 of this Chapter.

(Ord. No. 43-O-93; Ord. No. 52-O-22, § 39, 6-27-2022; Ord. No. 68-O-23, § 9, 7-14-2023)

Editor's note— Ord. No. 68-O-23, § 9, adopted July 14, 2023, changed the title of Section 6-3-8-8 from "Procedure for appeals from decisions of the zoning administrator regarding minor and fence variations" to "Procedure for appeals from decisions of the zoning administrator regarding minor, fence, and sign variations." The historical notation has been preserved for reference purposes.

Whenever an application for a minor variation, fence variation, sign variation, or a family necessity variation would, in addition, require a major variation, the applicant shall indicate that fact on the application where indicated and shall, at the time of filing the application for minor variation, fence variation, sign variation, or family necessity variation file an application for major variation pursuant to this Section 6-3-8. The combined application shall be reviewed and decided in accordance with the procedures set forth in Section 6-3-8-10 of this Chapter.

(Ord. No. 43-O-93; Ord. No. 68-O-23, § 10, 7-14-2023)

Applications for major variations shall be reviewed and decided in accordance with the following procedure:

(A)

Public Hearing: Upon receipt of a completed application for a major variation, or a combined variation application, the Land Use Commission shall hold a public hearing in accordance with its adopted rules and procedures.

1.

General Notice of Public Hearing: Notice of the public hearing shall be given by the Land Use Commission by one (1) publication in one (1) or more newspapers of general circulation. Notice shall be published within a minimum of fifteen (15) days prior to the hearing date and a maximum of thirty (30) days prior to the hearing date. Such notice shall be sufficient notice for the initial hearing. Subsequent notices are not required for continuances of a hearing, if any.

(B)

Mailed Notices Required: The City will provide, through the use of a third party service, by first class mail to all property owners within a five hundred (500) foot radius of the property lines of the subject property, inclusive of public roads, streets, alleys and other public ways from the subject site whose addresses appear on the current tax assessment list as provided by the City. The applicant must pay any and all fees and postage associated with mailing such notice pursuant to this Section. The City reserves the right to provide the aforementioned notice by first class mail where the Zoning Administrator finds it necessary. The failure of delivery of such notice, however, shall not invalidate any such hearing. In addition, a sign shall be posted on the property for a minimum of ten (10) working days prior to the public hearing indicating the place, time and date of the hearing. Such notice shall be sufficient notice for the initial hearing. Subsequent notices are not required for continuances of a hearing, if any.

(C)

Land Use Commission Decision: Following the close of the public hearing, the Land Use Commission shall either approve, approve with conditions, or deny the application for major variation or the combined variation application, except when the application for major variation pertains to off street parking, off street loading, height beyond fifty (50) feet, including within that measurement any height otherwise excluded because the story provides required parking, or townhouse orientation, or when the application for major variation pertaining to off street parking, off street loading, height beyond fifty (50) feet, including within that measurement any height otherwise excluded because the story provides required parking, or townhouse orientation, is combined with any other variation application; for such exceptions, the Land Use Commission shall make a recommendation of approval, approval with conditions, or denial to the City Council for their consideration.

(D)

City Council Decision: Upon receipt of the recommendation of the Land Use Commission regarding an application for a major variation for off street parking, off street loading, height beyond fifty (50) feet, including within that measurement any height otherwise excluded because the story provides required parking, or townhouse orientation, or a combined application for major variation pertaining to off street parking, off street loading, height beyond fifty (50) feet, including within that measurement any height otherwise excluded because the story provides required parking, or townhouse orientation, and any other variation, the City Council shall either approve, approve with conditions, or deny the application.

(E)

Appeal: Any person adversely affected by decision of the Land Use Commission or the City Council may appeal the decision to the circuit court.

(F)

Continued Hearings or Meetings: In the instance a hearing or meeting is continued to a date certain, the date and time of the continued hearing or meeting shall be announced at the time and place of the hearing being continued, and the continued hearing's notice requirements shall be deemed satisfied. If for any reason the continued hearing or meeting date or time needs to be changed, the Zoning Administrator shall, in his or her best effort, provide the public with the new date and time of the continued hearing by:

1.

Posting the continued meeting or hearing notice at the Civic Center; and

2.

Posting the continued meeting or hearing notice on the City's website.

Failure to provide such notice, however, shall not invalidate any such continued hearing or meeting.

(G)

In the event a quorum is not present for the initial meeting or a continued meeting, a majority of the board or commission members present may reschedule the meeting to a new date and time. No additional mailed or published notices shall be required for meetings continued as provided in Section 6-3-8-10(F).

(Ord. No. 43-O-93; Ord. 102-O-94; Ord. 14-O-98; Ord. 95-O-09; Ord. No. 68-O-14, § 9, 8-11-2014; Ord. No. 49-O-16, § 7, 7-25-2016; Ord. No. 44-O-17, § 10, 9-11-2017; Ord. No. 52-O-22, § 40, 6-27-2022)

Applicants for major variations and owners of property within a five hundred (500) foot radius of the subject property, inclusive of public roads, streets, alleys and other public ways, shall have the following rights, in addition to any others they may possess by law, at any hearing before the Land Use Commission:

(A)

To inspect all documents and material submitted as part of the application for major variation prior to the hearing.

(B)

To reasonably examine all witnesses testifying.

(C)

To present witnesses on their behalf.

(D)

Eligible property owners, as set forth above, who wish to object shall, upon written request, be granted one (1) continuance for the purpose of presenting evidence to rebut testimony given by the applicant. The date of such continued hearings shall be at the discretion of the Commission.

(Ord. 102-O-94; Ord. No. 52-O-22, § 41, 6-27-2022)

In considering an application for a minor variation, fence variation, family necessity variation, sign variation, or a major variation, or a combination thereof, the Zoning Administrator, the Land Use Commission, or the City Council, as the case may be, may approve such variation only upon finding that the application complies with the separate standards for each type of variation set forth below:

(A)

Minor Variations: Minor variations may be authorized by the Zoning Administrator upon making written findings that the proposed variation satisfies the following standards:

1.

The practical difficulty is not self-created.

2.

The requested variation will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties.

3.

The requested variation is in keeping with the comprehensive general plan and the zoning ordinance.

4.

The requested variation is consistent with the preservation policies set forth in the comprehensive general plan.

5.

The requested variation requires the least deviation from the applicable regulation among the feasible options identified before the Zoning Administrator issues his/her decision regarding said variation.

(B)

Variations From Fence Regulations: Variations from the requirements for fences set forth in Section 6-4-6-7 of this Title may be authorized by the Zoning Administrator upon making written findings that the proposed variation satisfies the following standards:

1.

The requested variation will not be materially detrimental to the public welfare or injurious to the use, enjoyment or property values of adjoining neighbors.

2.

The additional screening, additional height, or requested location achieved through the variation will assist in reducing noise, screening incompatible adjacent uses, or increase safety to the owners of the subject property or abutting properties.

3.

In no event shall a variation be granted that would permit a fence taller than thirty (30) inches to be located within twenty (20) feet of the corner curb line of an intersection.

(C)

Variations From Fence Standards for Landmark Structures and Structures Located in Historic Districts. (Rep. by Ord. 15-O-99)

(D)

Family Necessity Variations: Family necessity variations may be authorized by the Land Use Commission upon making written findings that the proposed variation satisfies the following standards:

1.

The requested variation will not have a substantial adverse impact on the use, enjoyment, or property values of the adjoining properties.

2.

The requested variation is in keeping with the intent of the zoning ordinance.

3.

The character of the residence for which the variation is requested will as a result be as or more consistent with the character of the residences of the surrounding neighborhood.

4.

The purpose of the variation is not based exclusively upon a desire to extract additional income from the property.

5.

The requested variation requires the least deviation from the relevant regulation among the feasible options identified before the Zoning Administrator issues his/her recommendation to the Land Use Commission regarding said variation.

(E)

Major Variations: Major variations may be authorized by the Land Use Commission, or by the City Council in the case of an application for a major variation to off street parking, off street loading, height beyond fifty (50) feet, including within that measurement any height otherwise excluded because the story provides required parking, or townhouse orientation, or a combined application for a major variation pertaining to off street parking, off street loading, height beyond fifty (50) feet, including within that measurement any height otherwise excluded because the story provides required parking, or townhouse orientation, and any other variation, upon making written findings that the proposed variation satisfies the following standards:

1.

The requested variation will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties.

2.

The requested variation is in keeping with the intent of the zoning ordinance.

3.

The alleged hardship or practical difficulty is peculiar to the property.

4.

The property owner would suffer a particular hardship or practical difficulty as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out.

5.

(a)

The purpose of the variation is not based exclusively upon a desire to extract additional income from the property, or

(b)

While the granting of the variation will result in additional income to the applicant and while the applicant for the variation may not have demonstrated that the application is not based exclusively upon a desire to extract additional income from the property, the Land Use Commission or the City Council, depending on final jurisdiction under Section 6-3-8-2 of this Chapter, has found that public benefits to the surrounding neighborhood and the City as a whole will be derived from approval of the variation, that include, but are not limited to, any of the standards of Section 6-3-6-3 of this Chapter.

6.

The alleged difficulty or hardship has not been created by any person having an interest in the property.

7.

The requested variation requires the least deviation from the applicable regulation among the feasible options identified before the Land Use Commission issues its decision or recommendation to the City Council regarding said variation.

(F)

Sign Variations: Sign variations may be authorized by the Zoning Administrator upon making written findings that the proposed variation satisfies the following standards:

1.

Hardship. The proposed variation will alleviate some demonstrable and unusual hardship that arises due to factors including, but not limited to, location, site configuration, and/or building configuration.

2.

No Prohibited Signs. The relief is not for any sign specifically prohibited by Section 6-19-6.

3.

Not Harm Public Welfare. The proposed variation will not be materially detrimental to the public welfare.

4.

Consistent with Intent. The proposed variation promotes the purpose of the sign regulations set forth in Section 6-19-2 of this Chapter.

(Ord. No. 43-O-93; Ord. No. 14-O-98; Ord. No. 93-O-09; Ord. No. 95-O-09; Ord. No. 52-O-22, § 42, 6-27-2022; Ord. No. 68-O-23, § 11, 7-14-2023)

Whenever an application for a major variation would, in addition, require a major variation for off street parking, off street loading, height beyond fifty (50) feet, including within that measurement any height otherwise excluded because the story provides required parking, or townhouse orientation, the applicant shall indicate that fact on the application where indicated and shall, at the time of filing the application for major variation, file an application for a major variation pertaining to off street parking, off street loading, height beyond fifty (50) feet, including within that measurement any height otherwise excluded because the story provides required parking, or townhouse orientation. The Land Use Commission shall and the City Council may combine the applications and review and decide both simultaneously in accordance with the procedures set forth in Section 6-3-8-10 of this Chapter.

(Ord. 95-O-09; Ord. No. 52-O-22, § 43, 6-27-2022)

The Zoning Administrator, in the case of applications for minor variations and fence variations, the Land Use Commission, in the case of applications for family necessity variations, major variations, and combined major and minor variations, and the City Council, in the case of applications for major variations pertaining to off street parking, off street loading, height beyond fifty (50) feet, including within that measurement any height otherwise excluded because the story provides required parking, or townhouse orientation, or a combined application for a major variation pertaining to off street parking, off street loading, height beyond fifty (50) feet, including within that measurement any height otherwise excluded because the story provides required parking, or townhouse orientation, and any other variation, may impose specific conditions and limitations upon the granting of a variation as are necessary to achieve the purposes and objectives of this Ordinance. Such conditions and limitations may include, but are not limited to, those concerning use, construction, character location, landscaping, screening and other matters relating to the purposes and objectives of this Ordinance and shall be expressly set forth in the decision granting the variation. Violation of any such condition or limitation shall be a violation of this Ordinance and shall constitute grounds for revocation of the variation by the Zoning Administrator pursuant to Section 6-3-10-6 of this Chapter.

(Ord. 95-O-09; Ord. No. 52-O-22, § 44, 6-27-2022)

Any structure, for which a variation has been granted, shall comply with any conditions imposed on the grant of the variation before an occupancy certificate for such structure may be issued.

(Ord. No. 43-O-93)

An applicant for a variation shall pay fees in connection with the submittal of the application in accordance with fee schedules adopted, from time to time, by the City Council upon recommendation of the Zoning Administrator.

(Ord. No. 43-O-93)

The Zoning Administrator, subject to the procedures, standards, and limitations of this Section 6-3-9, may, by written order, render interpretations, including use interpretations, of the provisions of this Ordinance and of any rule or regulation issued pursuant to it.

(Ord. No. 43-O-93)

The interpretation authority established by this Section 6-3-9 is intended to recognize that the provisions of this Ordinance, 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 Ordinance 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 Ordinance but is intended only to allow authoritative application of that content to specific cases.

(Ord. No. 43-O-93)

Applications for interpretations may be filed by any person having a legal or equitable interest in property that gives rise to the need for an interpretation, provided that the 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.

(Ord. No. 43-O-93)

(A)

Application: Applications for interpretations of this Ordinance shall be filed on a form provided by the Zoning Administrator and shall contain at least the information listed in Appendix D, Section D.7, "Submission Requirements For An Application For Interpretations Of This Zoning Ordinance," of this Title.

(B)

Action on Application: Within fifteen (15) working days following the receipt of a properly completed application for interpretation, the Zoning Administrator shall inform the applicant in writing of his interpretation, 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.

(C)

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 interpretations.

(D)

Appeal: Appeals from interpretations rendered by the Zoning Administrator may be taken to the Land Use Commission pursuant to Section 6-3-9-8 of this Chapter.

(Ord. No. 43-O-93; Ord. No. 52-O-22, § 45, 6-27-2022)

The following standards shall govern the Zoning Administrator, and the Land Use Commission on appeals from the Zoning Administrator, in issuing use interpretations:

(A)

Any use defined in Chapter 18 of this Title shall be interpreted as therein defined.

(B)

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.

(C)

No use interpretation shall permit any use in a particular district unless such use is substantially similar to other uses permitted is such district and is more similar to such other uses than to uses permitted or specially permitted in a more restrictive district.

(D)

If the proposed use is most similar to a use permitted only as a special use in the district in which it is proposed to be located, then any use interpretation permitting such use shall be conditioned on the issuance of a special use permit for such use pursuant to Section 6-3-5.

(E)

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

(Ord. No. 52-O-22, § 46, 6-27-2022)

No use interpretation finding a particular use to be permitted or specially permitted 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 the codes and ordinances of the City including, but not limited to, a building permit, a certificate of occupancy, subdivision approval, and site plan approval.

(A)

Subject to an extension of time granted by the Zoning Administrator, no use interpretation finding a use to be permitted or specially permitted in a particular district shall be valid for a period longer than six (6) months from the date of issue unless the use is established or a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion, or a certificate of occupancy is obtained and a use commenced within that period.

(B)

A use interpretation finding a particular use to be permitted, or permitted as a special 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.

The Land Use Commission shall, pursuant to Section 6-3-11, hear and decide appeals from any order or final decision of the Zoning Administrator acting pursuant to his authority and duties under this Ordinance except with regard to orders or decisions based upon the review and recommendations of the Design and Project Review Committee, which shall be appealable to the City Council through its Planning and Development Committee, and with the exception of Administrative Review Uses, which shall be appealable through the special use process pursuant to Section 6-3-5-16. Except as expressly provided otherwise, an application for appeal to the Land Use Commission may be filed not later than forty-five (45) calendar days following the action being appealed.

(Ord. No. 50-O-14, § 27, 10-27-2014; Ord. No. 66-O-15, § 8, 6-22-2015; Ord. No. 48-O-21, § 2, 5-10-2021; Ord. No. 52-O-22, § 47, 6-27-2022)

An applicant for an administrative interpretation shall pay fees in connection with the submittal of the application in accordance with fee schedules adopted, from time to time, by the City Council upon recommendation by the Zoning Administrator.

The Zoning Administrator and his authorized representatives are hereby designated to enforce this Ordinance.

Whenever the Zoning Administrator receives a complaint alleging a violation of this Ordinance, he shall investigate the complaint and shall take whatever action is warranted in accordance with the provisions of this Section 6-3-10.

(A)

The Zoning Administrator and his authorized representatives pursuant to Section 6-3-10-1, may make inspections of all buildings, structures and premises located within the City to determine their compliance with the provisions of this Section 6-3-10. Such inspections shall be made between the hours of 8:00 a.m. and 8:00 p.m. on any day except Sunday and shall be subject to the following standards and conditions:

1.

Such inspection may take place only if a complaint has been received by the Zoning Administrator pursuant to Section 6-3-10-2 of this Chapter, and such complaint, in the opinion of the Zoning Administrator, provides reasonable grounds for the belief that a violation exists, or such inspection is undertaken as part of a regular inspection program whereby certain areas of the City are being inspected in their entirety by direction of the Zoning Administrator or City Manager.

2.

Such inspection shall be made by the Zoning Administrator or his authorized representative.

3.

Any person making such inspection shall furnish to the owner or occupant of the building, structure or premises sought to be inspected, sufficient identification and information to enable the owner or occupant to determine that the person is a representative of the City and the purpose of the inspection.

(B)

The Zoning Administrator or his authorized representative may apply to any court of competent jurisdiction for a search warrant or other legal process for the purpose of securing entry to any premises if the owner shall refuse to grant entry.

(Ord. No. 43-O-93)

(A)

If the Zoning Administrator finds that any provision of this Ordinance is being violated, he shall send a written notice to the person responsible for such violation indicating the nature of the violation, ordering the action necessary to correct, and specifying a reasonable amount of time for the correction of the violation or the performance of any other act required. Additional written notices may be sent at the administrator's discretion.

(B)

The administrator's notice shall be served upon the owner or his agent or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof: 1) is served upon him personally, or 2) is sent by certified mail to the last known address, or 3) is posted in a conspicuous place in or about the building, structure or premises affected by the action.

(C)

The final written notice (and the initial written notice may be the final notice) shall state what action the Zoning Administrator intends to take if the violation is not corrected and shall advise that the administrator's decision or order may be appealed to the Land Use Commission pursuant to Section 6-3-11 of this Chapter.

(D)

Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this Ordinance or pose a danger to the public health, safety, or welfare, the Zoning Administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in Section 6-3-10-5 of this Chapter.

(Ord. No. 43-O-93; Ord. No. 52-O-22, § 48, 6-27-2022)

(A)

Violations of the provisions of this Title or failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with approval of a variation, special use, unique use, zoning certificate, or development plan approval, shall be punishable by a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00).

(B)

Each day that any violation continues after notification by the Zoning Administrator that such violation exists, shall be considered a separate offense for purposes of the penalties and remedies specified in Subsection (A) of this Section.

(C)

This title may also be enforced by an appropriate equitable action.

(Ord. 93-O-05)

A certificate of zoning compliance may be revoked by the Zoning Administrator, in accordance with the provisions of this Section, if the recipient of the certificate fails to develop or maintain the property in accordance with the plans submitted, the requirements of this Ordinance, or any additional requirements lawfully imposed as a condition of approval of a special use, including a planned development, a unique use, or a variation. Before a certificate of zoning compliance can be revoked, the Zoning Administrator shall undertake the following procedures:

(A)

Notice and Opportunity to Comment: The Zoning Administrator shall cause a written notice of intent to revoke the certificate of zoning compliance to be delivered to the recipient of the certificate at least ten (10) working days prior to the date of the proposed revocation. The notice of intent to revoke the certificate shall inform the recipient of the alleged reasons for the revocation and of his right to obtain a hearing on the allegations. The notice shall also inform the certificate holder of the alleged grounds for the revocation.

(B)

Hearing: If the certificate holder desires a hearing, the Zoning Administrator shall set a date for a public hearing.

(C)

Zoning Administrator's Decision: After the expiration of the ten (10) working day notice and comment period, or within ten (10) working days of the close of the public hearing, the Zoning Administrator shall, by written order, render his decision on the proposed revocation. The written order shall contain a statement of the specific reasons or findings of fact that support his decision.

(D)

Notification of Decision: The Zoning Administrator shall send his decision within five (5) working days to the certificate holder and any other person(s) previously requesting notification.

(E)

Appeal: An appeal of the decision of the Zoning Administrator may be taken to the Land Use Commission pursuant to Section 6-3-11 within ten (10) working days of the Zoning Administrator's date of mailing the decision.

(F)

Evidence: The burden of presenting sufficient evidence to the Zoning Administrator to conclude a certificate of zoning compliance should be revoked for any of the reasons set forth in this Section 6-3-10-6 shall be upon the party proposing the revocation.

(G)

Result of Revocation: No person may continue to make use of land or buildings in the manner authorized by any certificate of zoning compliance after the certificate has been revoked in accordance with the provisions of this Section 6-3-10-6.

(H)

Records: A record of all written notices of the intent to revoke a certificate of zoning compliance 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 written notices of the intent to revoke a certificate of zoning compliance.

(Ord. No. 52-O-22, § 49, 6-27-2022)

(A)

Except for administrative review uses, which shall be appealable through the special use process pursuant to Section 6-3-5-16, an appeal may be taken to the Land Use Commission from any order or final decision made by the Zoning Administrator by any person aggrieved or by an officer, department, board or bureau of the City. Such appeal shall be taken by filing with the Zoning Administrator a notice of appeal, specifying the grounds thereof. All of the papers constituting the record upon which the action appealed from was taken shall forthwith be transmitted to the Land Use Commission. Appeals from an order or final decision based upon the review and recommendations of the Design and Project Review Committee (DAPR) shall be taken directly to the City Council through its Planning and Development Committee.

(B)

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 Ordinance or the rightful authority of the Zoning Administrator to enforce the requirements of this Ordinance. To these ends, the reviewing body should give all proper deference to the spirit and intent embodied in the language of this Ordinance and to the reasonable interpretations of that language by those charged with the administration of this Ordinance.

(C)

The filing of an appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Land Use Commission, after the notice of appeal has been filed, that by reason of facts stated in the certificate, a stay would cause, in his opinion, imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order that may be granted by the Land Use Commission or by a court of record, on application of notice to the Zoning Administrator and on due cause shown.

(D)

The Land Use Commission may reverse or affirm, wholly or partly, or may modify the order or final decision as in its opinion ought to be made in the premises, and to that end has all the powers of the officer from whom the appeal is taken.

(Ord. No. 50-O-14, § 28, 10-27-2014; Ord. No. 66-O-15, § 9, 6-22-2015; Ord. No. 48-O-21, § 3, 5-10-2021; Ord. No. 52-O-22, § 50, 6-27-2022)

The findings of the Land Use Commission on appeals from rulings or orders or final decisions of the Zoning Administrator shall be in writing and shall be arrived at in each specific case after a public hearing, noticed and held in accordance with the Commission's adopted Rules and Procedures. A report of the Commission's findings with the terms of the relief granted specifically set forth in a conclusion or separate statement, shall be transmitted to the appellant or applicant, with copies to the City Council within a reasonable time.

(Ord. No. 52-O-22, § 51, 6-27-2022)

In any case where the application for appeal is accompanied by an application for variation in accordance with Section 6-3-8 of this Ordinance, the Land Use Commission shall have the authority to grant, as part of the relief, a variation pursuant to the authority granted in Section 6-3-8-2 but only when in strict compliance with each provision of Section 6-3-8 hereof.

(Ord. No. 52-O-22, § 52, 6-27-2022)

In any case where this Ordinance imposes conditions and limitations upon any right, any such right granted by the Land Use Commission 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. No. 52-O-22, § 53, 6-27-2022)

An applicant for an appeal shall pay fees in connection with the submittal of the application in accordance with fee schedules adopted, from time to time, by the City Council upon recommendation of the Zoning Administrator.

(A)

An appeal may be taken to the Land Use Commission from a directive by the Zoning Administrator to correct or discontinue any violation of this Ordinance by a specific date. Said appeal may be made to the Land Use Commission only for the purpose of providing an extension of time for correcting or discontinuing an existing violation of this Ordinance. Said appeal shall be in such form as may be prescribed by the Land Use Commission and shall set forth the circumstances that make unreasonable the time period allowed by the enforcing officer for bringing the subject property into compliance.

(B)

An appeal for a time extension shall not be granted unless the following findings are made, based upon the evidence presented to the Land Use Commission:

1.

That allowing a time extension for compliance will not be detrimental to the public welfare, or injurious to or depreciate the value of other property or improvements in the neighborhood in which the property is located; and

2.

That there are either circumstances, difficulties or hardships that make unreasonable the time for compliance specified by the Zoning Administrator. For the consideration of time extensions, personal circumstances peculiar to the property owner or occupant may constitute such circumstances within the meaning of this paragraph.

(C)

The Land Use Commission may affirm or extend any time limit for compliance previously established by the Zoning Administrator or by the Land Use Commission within the following limits:

1.

A period for compliance that shall not exceed three (3) years from the date of the Land Use Commission's first hearing on the matter or a rehearing following a change in ownership or occupancy; or

2.

A period for compliance limited to the period of present ownership of the property or present occupancy of the property or any portion thereof, provided that on rehearing an additional time extension of not to exceed three (3) years may be granted upon a change in ownership or occupancy; or

3.

Any combination of the above.

(D)

As a condition of extending a time limit for compliance, the Commission may order immediate correctional work, may require covenants, or may establish such other conditions and restrictions as are necessary and desirable to protect the welfare of the occupants of the property that is the subject of the appeal and public health, safety and welfare.

(Ord. No. 52-O-22, § 54, 6-27-2022)

The purpose of a plat of subdivision is to create new property boundaries for existing tracts of land that are in conformance with all aspects of the City Code, or compliant by variation, on a mylar plat recorded by the Cook County Recorder of Deeds.

(Ord. No. 63-O-22, § 9, 8-8-2022)

The City Council may, in accordance with the requirements of Chapter 4-11, Subdivisions, and in accordance with the procedures of this Chapter, and other standards and regulations applicable to the district(s) in which the subject property is located, approve by resolution, plats of subdivision for tracts of land within each zoning district.

(Ord. No. 63-O-22, § 9, 8-8-2022)

An applicant for a plat of subdivision shall file an application in accordance with the following requirements:

(A)

Formal Application: Each application for a plat of subdivision shall be filed with the Zoning Administrator and be made available for review by appropriate departments, boards, commissions and committees.

(B)

Content of Application: Each application shall contain at least the information required as listed on the subdivision application, including but not limited to a draft plat of subdivision with appropriate title and signature blocks, an accompanying certificate of zoning compliance, and such additional information as the Zoning Administrator determines is necessary.

(Ord. No. 63-O-22, § 9, 8-8-2022)

An applicant for a plat of subdivision shall pay fees in connection with the submittal of the application in accordance with the fee schedules adopted, from time to time, by the City Council upon recommendation of the Zoning Administrator.

(Ord. No. 63-O-22, § 9, 8-8-2022)

(A)

Pre-Application: Prior to submitting a plat of subdivision application for approval, an applicant shall submit and obtain a certificate of zoning compliance that acknowledges compliance of all newly proposed tracts of land within the subdivision are compliant with the regulations of this Chapter and all other applicable regulations. Such compliance may be achieved by variation approval.

(B)

Plat Review: The draft plat of subdivision, application, and accompanying information is reviewed for compliance by City departments including but not limited to the Public Works Agency pursuant to Chapter 4-11, Subdivisions, and Community Development pursuant to Chapter 4-11, Subdivisions, this Chapter, and other standards and regulations applicable to the district(s) in which the subject property is located.

(C)

Review Comments: Review comments shall be provided in writing to the applicant, which may include but are not limited to proposed property lines, utility connection points, underground and/or overhead utilities, streets and rights-of-way, existing and proposed structures, landscaping, and any other areas of concern related to the plat of subdivision.

(D)

Response to Review Comments: The applicant shall respond to any written review comments to address questions and/or concerns prior to proceeding to the City Council for a final determination.

(E)

Determination: The City Council shall take action to determine approval or denial of the proposed plat of subdivision.

(F)

Signatures: Following approval by the City Council, the applicant shall provide a mylar copy of the plat of subdivision, which shall be routed for applicable signatures by the Zoning Administrator.

(G)

Recordation: Once all applicable signatures from City Departments are obtained, the applicant shall proceed obtaining any remaining signatures with the County, and then shall record the plat of subdivision with the Cook County Recorder of Deeds. Proof of recordation of the final plat shall be provided to the Community Development Department.

(Ord. No. 63-O-22, § 9, 8-8-2022)

The approval of a proposed plat of subdivision by the City Council shall not authorize any development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize new property boundaries for existing tracts of land, subject to recordation with the Cook County Recorder of Deeds. Such approval may authorize the preparation, filing and processing of applications such as permits or approvals as may be required by the regulations of the City, including, but not limited to, a building permit and certificate of occupancy.

(Ord. No. 63-O-22, § 9, 8-8-2022)

Subject to an exception granted by the City Council, any plat of subdivision not recorded with the Cook County Recorder of Deeds within one (1) year of adoption by the City Council shall automatically terminate and be rendered void without further action by the City.

(Ord. No. 63-O-22, § 9, 8-8-2022)