Wood Dale City Zoning Code
ARTICLE II
ZONING ADMINISTRATION
Sec. 17.201. Administrative Officials And Bodies.
A. Development Administrator.
1. General Powers. The Development Administrator will be charged with the administration and enforcement of this UDO. In addition to the jurisdiction, authority and duties conferred on the Development Administrator by other provisions of State statutes and City codes and ordinances, the Development Administrator will have all powers necessary to such administration and enforcement, and will, in particular, have the jurisdiction, authority and duties hereinafter set forth.
2. Rules; Regulations; Application Forms. The Development Administrator will, consistent with the express standards, purposes and intent of this UDO, promulgate, adopt and issue procedural rules, regulations and forms as are in the Development Administrator’s opinion necessary to the effective administration and enforcement of the provisions of this UDO.
3. Staff Assistance to the Community Development Commission. The Development Administrator will make staff and consulting assistance available to the Community Development Commission, and the Development Administrator, or his delegate, will in that capacity:
a. Attend the meetings of the Community Development Commission;
b. Inform the Community Development Commission of all facts and information at the Development Administrator’s disposal with respect to any matter brought before the Community Development Commission;
c. Assist the Community Development Commission by performing research and making recommendations on matters brought before each body; and
d. Perform such other duties as may be assigned to the Development Administrator by this UDO and by the direction of the City Council.
4. Records. The Development Administrator will, subject to City record retention policies, maintain:
a. Permanent and current records of this UDO, including all maps; amendments; special use permits and other special approvals; planned unit development and site plan approvals and denials; interpretations; and decisions rendered by the Community Development Commission, the City Attorney and the Development Administrator, together with relevant background files and materials and final disposition of the City Council;
b. A current file of all Zoning Certificates and notices of violations, terminations, discontinuance or removal, issued by or entrusted to Development Administrator’s office, for such times necessary to ensure continuous compliance with the provisions of this UDO; and
c. A current file of all nonconforming uses and signs in the City, by location and type of use.
5. Zoning Text; Zoning Map. The Development Administrator will prepare and have available for public on or before March 31 of each year:
a. The compiled text of this UDO in book or pamphlet form, including all amendments thereto through the preceding December 31; and
b. The official Zoning Map, showing the zoning districts, divisions and classifications in effect on the preceding December 31.
The Development Administrator will, at all other times, maintain, and have available for reproduction, at least one up-to-date copy of both this UDO text and the Zoning Map, showing all amendments through the most recent meeting of a City Council for which official minutes have been approved.
6. Applications: Receipt, Processing, Referral to Interested Parties and Agencies.
a. The Development Administrator will receive all applications required to be filed pursuant to this UDO. Upon receipt of an application, the Development Administrator will see to its expeditious processing, including its prompt referral to and retrieval from each official department, board or commission of the City, or other government, with any interest or duty with respect to the application.
b. Unless otherwise provided in this UDO, the Development Administrator may waive any application requirements where the applicant demonstrates to the satisfaction of the Development Administrator that the information required is not relevant to or necessary for the determination of the application.
7. Investigation of Applications. Whenever the Community Development Commission or the City Council will, by general rule or specific direction, so request, the Development Administrator will conduct or cause to be conducted such surveys, investigations and field studies, and will prepare or cause to be prepared such reports, maps, photographs, charts and exhibits, as will be necessary and appropriate to the processing of any application filed pursuant to this UDO.
8. Zoning Certificates. Pursuant to the provisions of Section 17.203.A. of this Article, the Development Administrator will review all applications for Zoning Certificates and approve or disapprove such applications and issue or refuse to issue such certificates based on compliance or noncompliance with the provisions of this UDO.
9. Interpretations. Pursuant to the provisions of Section 17.204.A. of this Article, the Development Administrator will issue his written interpretation of the meaning and applicability of specific provisions of this UDO. Any interpretation of this UDO that may be rendered by the Community Development Commission or the Development Administrator will be kept on file with the Development Administrator and will be a public record of the City.
10. Approval of Site Plans. Pursuant to the provisions of Section 17.206 of this Article, the Development Administrator will have authority to review and approve or deny applications for site plan approval.
12. Extensions of Time.
a. The Development Administrator may, upon written request, for good cause shown and without any notice or hearing, grant extensions of any time limit imposed on an applicant or permittee by this UDO unless an ordinance or resolution expressly provides otherwise. The total period of time granted by such extension or extensions will not exceed the length of the original period or 90 days, whichever is less.
b. The City Council may, upon written request, for good cause shown, and without any notice or hearing, grant extensions of any time limited imposed on an applicant or permittee by this UDO provided an ordinance or resolution, as appropriate, is duly adopted by a two-thirds vote of the City Council. The total period of time granted by such extension or extensions will be specifically stated in the ordinance or resolution.
13. Inspection and Enforcement. In furtherance of enforcing this UDO, the Development Administrator will:
a. undertake regular and continuing programs of inspection of work approved and under way and of existing structures and uses as may be feasible and proper;
b. undertake additional inspections as may be necessary to the performance of his duties under this UDO;
c. receive from any person complaints alleging, with particularity, a violation of this UDO; and
d. when appropriate will cause investigations and inspections as may be warranted under the circumstances.
Upon finding the existence of any violation of this UDO, the Development Administrator will take or direct all actions necessary or appropriate to punish and abate such violation.
14. Reports. The Development Administrator will, from time to time, prepare and submit a report to the City Council and the Community Development Commission concerning the administration of the land use and development regulations of the City, setting forth information and statistical data as may be of interest and value in advancing and furthering the goals and purposes of such regulations and setting forth the Development Administrator’s recommendations for the improvement of these regulations and their administration.
B. Community Development Commission.
1. Established. The Community Development Commission established in Chapter 3, Article III of the City of Wood Dale Municipal Code, as amended, is the Board of Zoning Appeals and Plan Commission referred to in this UDO. The provisions of this UDO with respect to the Community Development Commission will be deemed supplementary to the provisions of the City of Wood Dale Municipal Code, as amended. Reference should be made to the City of Wood Dale Municipal Code for a complete description of the membership, term of office and rules of procedure of the Community Development Commission. Any distinctions made in this UDO between the Board of Zoning Appeals and Plan Commission are established for the purposes of defining the authority of the Community Development Commission and in what capacity it is operating on a particular form of relief provided under this Article.
2. Membership. The Community Development Commission shall consist of the membership as established in Chapter 3, Article III of the City of Wood Dale Municipal Code, as amended.
3. Term. Each member of the Community Development Commission shall serve terms as specified in Chapter 3, Article III of the City of Wood Dale Municipal Code, as amended.
4. Dissolution. The Corporate Authorities may, in their sole and absolute discretion, dissolve the Community Development Commission and establish a distinct Board of Zoning Appeals and distinct Plan Commission. At the time of any such dissolution, current members of the Community Development Commission will be appointed to the newly formed Board of Zoning Appeals and Plan Commission and the remaining seats open on the Board of Zoning Appeals and Plan Commission will be filled by the Mayor with the confirmation by the City Council.
C. Community Development Commission Authority and Procedures
1. The Community Development Commission is hereby vested with the following powers and duties:
a. To hear, consider and recommend to the City Council matters dealing with amendments to this UDO or the official Zoning Map.
b. To hear, consider and recommend to the City Council matters dealing with the granting of special uses.
c. To hear, consider and recommend to the City Council variances to this UDO, including those that may be requested in connection with special uses, rezoning, subdivisions, annexation requests, or other zoning approval requests.
d. To hear, consider and recommend to the City Council matters dealing with the granting of planned unit developments.
e. To prepare and recommend to the City Council a new Comprehensive Land Use Plan for the present and future development or redevelopment of the City and contiguous unincorporated territory within one and one-half (1½) miles of the corporate limits of the City and not located in any other municipality.
f. To designate, subject to final consideration, evaluation and approval of the City Council, land suitable for annexation to the City and the recommended zoning classification for such land upon annexation.
g. To recommend to the City Council, from time to time, such changes in the Comprehensive Land Use Plan or any part thereof, as may be deemed necessary.
h. To prepare and recommend to the City Council, from time to time, plans or recommendations for specific improvements in pursuance of the Comprehensive Land Use Plan’s goals and objectives.
i. To give aid to the officials of the City charged with the direction of projects for improvements embraced within the Comprehensive Land Use Plan, or parts thereof, to further the making of such improvements and generally to promote the realization of the Comprehensive Land Use Plan.
j. To consider and recommend to the City Council all matters which it is required to act upon under the terms of this Article.
k. To recommend, subject to final consideration, evaluation and approval by the City Council, reasonable standards of design for subdivisions and for resubdivisions of unimproved land and of areas subject to redevelopment with respect to public improvements.
l. To recommend, subject to final consideration, evaluation and approval by the City Council, reasonable standards governing the location, width, course and surfacing of public streets and highways, alleys, ways for public service facilities, curbs, gutters, sidewalks, streetlights, parks, playgrounds, school grounds, size of lots to be used for residential purposes, storm water drainage, water supply and distribution, sanitary sewers, and sewage collection and treatment.
m. To initiate, study and make recommendations regarding matters dealing with the planning of the community.
n. To initiate, direct and review, from time to time, studies of the provisions of this Article, and to make recommendations to the City Council regarding any changes to the ordinance.
o. To cooperate with the municipal or regional planning commissions and other agencies or groups to further local planning initiatives and to assure harmonious and integrated planning for the area.
p. To hear, consider and make final determinations on appeals from decisions and interpretations under this UDO by the Development Administrator.
2. Necessary Vote. The concurring vote of at least a majority of the currently appointed Members will be necessary to take any action or adopt any motion to recommend approval of any matter or application, or to issue a decision from an appeal of a decision or interpretation of the Development Administrator. Any lesser vote on any such motion, even if a majority of those voting, will be considered a final decision to recommend denial of such matter or application.
3. Record and Decisions.
a. The transcript of testimony, if any; the minutes of the Secretary; all applications, requests, exhibits and papers filed in any proceeding before the Community Development Commission; and the decision of the Community Development Commission will constitute the record. The Community Development Commission may rely on the personal knowledge of its members, on its inspections of the property and on any reports available to it; provided, however, that the Community Development Commission will make the particular knowledge, inspection or report a matter of record at the public hearing and afford every party reasonable time to respond to it.
b. Every decision of the Community Development Commission that is deemed to be a final decision on a matter will be by written resolution which will include findings of fact; refer to all the evidence in the record and to the exhibits, plans or specifications upon which the decision is based; specify the reason or reasons for the decision; contain a conclusion or statement separate from the findings of fact setting forth the specific relief granted or denying relief; and expressly set forth any limitations or conditions imposed on any relief granted or work or use authorized.
c. The Community Development Commission will take no final or binding vote on a decision unless it first has before it the written resolution; provided, however, that where special circumstances warrant it, as determined by the Community Development Commission, it may take final action prior to the preparation of the resolution but before taking such action, first state its findings and conclusions at a meeting open to the public and will, in addition, state the special circumstances.
d. Every decision of the Community Development Commission that is deemed to be a recommendation to the City Council may be made by written resolution or by written report of the Chair or the Chair’s designee to the Corporate Authorities in accordance with the provisions of this Subsection 17.201.B.3.
e. In any case where this UDO provides that the failure of the Community Development Commission to act within a fixed period is deemed to be a denial of an application, the failure will, notwithstanding the absence of required findings and conclusions, be considered to be a decision of the Community Development Commission rendered on the day following the expiration of such fixed period. (Ord. O-22-017, 5-19-2022)
Sec. 17.202. Planning Documents and Procedures.
A. Official Comprehensive Plan and Other Subarea or Subject Plans.
1. Authority. The Community Development Commission will have authority to prepare and recommend to the City Council a comprehensive plan including the City and unincorporated areas surrounding the City and from time to time to prepare and recommend other special area or subject plans and amendments thereto, any or all of which the City Council may adopt as the “The City of Wood Dale Comprehensive Land Use Plan, [YEAR ADOPTED],” all in accordance with the procedures set out in this Section.
2. Definition.
a. “The City of Wood Dale Comprehensive Land Use Plan” will be defined as a compilation of policy statements; goals; standards; maps; recommended planning, regulatory, fiscal and public works programs; together with pertinent data relative to the past, present and future trends of the City with respect to its population, housing, economic, social and environmental development patterns; its land, water and natural resources and use; its transportation facilities, public facilities and utilities; and any other matter relative to the present and future patterns of life within the City or within the unincorporated areas lying within one and one-half miles of its boundaries as they may from time to time exist, prepared and recommended by the Community Development Commission with the advice and assistance of the Development Administrator and the Development Administrator’s staff and adopted by the City Council by ordinance duly enacted, together with such amendments thereto as may be adopted from time to time.
b. The City of Wood Dale Comprehensive Land Use Plan will also refer to any compilation relating to any one or more of the above noted subjects or to any subarea of the City of Wood Dale Comprehensive Land Use geographical area.
c. As of the effective date of this UDO, the City of Wood Dale Comprehensive Land Use Plan is understood to refer to the following documents:
(1) The Wood Dale Comprehensive Plan, adopted August 2, 2018, as may be amended from time to time;
(2) The Homes for a Changing Region Plan, adopted in 2015, as may be amended from time to time;
(3) The City’s Vision Plan, adopted in 2013, as may be amended from time to time.
3. Purpose. The City of Wood Dale Comprehensive Land Use Plan will be considered an official statement of the policy of the City with respect to the existing and developing character of the various areas of the City and its vicinity; the proper objectives, standards and direction for future maintenance, growth, development and redevelopment of the City; the means to be employed to protect existing character or development and to encourage future development that will be in the best interests of the City; and the actions and programs to be undertaken by the City with respect to its future maintenance and development.
4. Effect. After the adoption of The City of Wood Dale Comprehensive Land Use Plan, or a part thereof, no ordinance, regulation or Official Map relating to the physical maintenance, development or redevelopment of the City or any land within it will be enacted, established, amended or varied and no right-of-way, street, utility or public structure or land will be authorized, established, developed, redeveloped or modified in location or extent except in accordance with the policies, goals, objectives, principles and standards of The City of Wood Dale Comprehensive Land Use Plan or relevant part thereof unless the City Council will first make a specific finding that the facts and circumstances affecting the particular matter justify a departure from the Plan.
5. Procedures.
a. Plan Development. The Community Development Commission, with the assistance of the Development Administrator and staff, will exercise the powers and duties delegated to it by this UDO in the continuing development and revision of The City of Wood Dale Comprehensive Land Use Plan. The process of plan development is necessarily an informal one, not readily adaptable to rigid procedures, but the Community Development Commission and the Development Administrator, in developing a plan, will make all reasonable efforts to obtain the views, comments and criticisms of interested persons. The Community Development Commission, prior to making any recommendation for the adoption or amendment of a plan or part thereof to the City Council, will set, notice and conduct a public hearing thereon in accordance with the provisions of Section 17.201.E. of this Article.
b. The City Council may, at any time, refer a plan to the Community Development Commission for consideration and recommendation. In the case of such referral, the Community Development Commission will return its recommendation to the City Council not later than 90 days following the receipt of the referral. In the event such recommendation is not so delivered, the City Council may proceed to consider the amendment without such recommendation.
c. When satisfied that a plan, or any part or subarea plan, is adequate for adoption as The City of Wood Dale Comprehensive Land Use Plan, the Community Development Commission will transmit the plan or part thereof to the City Council together with its recommendations for adoption of the plan as well as any reports or statements necessary to a full consideration of the plan or part thereof. The reports or statements may include majority and minority positions. The transmission will be made not later than fifteen (15) days following the close of the public hearing concerning the plan or any part thereof.
6. Plan Adoption. Upon receiving any recommendation of the Community Development Commission with respect to adoption or amendment of any plan, or a part thereof, the City Council may, by ordinance duly enacted, adopt the plan in whole or in part, with or without amendments; or may refer the plan or any part of it back to the Community Development Commission for further consideration; or may reject the plan. The City Council will take action no later than ninety (90) days following the close of the Community Development Commission public hearing on the plan. The failure of the City Council to act within this period will be deemed to be a rejection of the plan. Upon the adoptions of any plan or part thereof, it will be designated as the “The City of Wood Dale Comprehensive Land Use Plan, [YEAR ADOPTED],” and if less than a total comprehensive plan, will carry a subheading designating its specific contents.
7. Plan Amendment. The City of Wood Dale Comprehensive Land Use Plan, or any part thereof, may be amended at any time in accordance with the provisions of this Section 17.202.A.7. An amendment may be initiated by the City Council, the Community Development Commission, the Development Administrator, or by any owner of property affected by the provisions of such plan sought to be amended.
8. Plan Filing and Notice of Adoption. The ordinance adopting The City of Wood Dale Comprehensive Land Use Plan, or any part thereof, will provide that the Development Administrator will cause a certified copy thereof to be placed on file in the Office of the City Clerk, and will cause a notice evidencing the adoption of such plan, or part thereof, to be filed with the DuPage County Recorder of Deeds.
B. Official Future Land Use Map.
1. Authority. The Community Development Commission will have authority to prepare and to recommend to the City Council an Official Map of the City and the unincorporated areas surrounding the City and from time to time to prepare and recommend amendments thereto, all of which the City Council may adopt as the “Official Map of the City of Wood Dale.”
2. Definition. The “Official Map” will be defined as a compilation of maps, standards and specifications of and for existing and proposed rights-of-way, streets, alleys, utility easements, public grounds and public utility systems within the City or within the unincorporated area lying within one and one-half miles of its boundaries as they may from time to time exist, prepared and recommended by the Community Development Commission with the advice and assistance of the Development Administrator and the Development Administrator’s staff and adopted by the City Council by ordinance duly enacted, together with such amendments thereto as may be adopted from time to time.
3. Purpose. The Official Map is adopted to implement The City of Wood Dale Comprehensive Land Use Plan, to assure the adequacy of the public facilities to which it relates and to secure for the City the authority and benefits provided by state law in connection with such an Official Map.
4. Procedures. The procedures for the development, adoption, amendment and filing of the Official Map will be the same as those provided in Section 17.202.A.5. of this Article with respect to The City of Wood Dale Comprehensive Land Use Plan.
C. Zoning Applications.
1. Place of Filing.
a. Applications for Zoning Certificates, Code Interpretations and Certain Site Plan Approvals. All applications for a Zoning Certificate pursuant to Section 17.203 of this Article, an interpretation pursuant to Section 17.204.A. of this Article, Administrative Variation pursuant to Section 17.204.D. of this Article, and a site plan approval pursuant to Section 17.206.D.1. of this Article, will be filed with the Office of the Development Administrator or with such other City official or body as the Development Administrator may designate.
b. Applications for Appeals and Variations. All applications for an appeal pursuant to Section 17.204.B. of this Article and a variation pursuant to Section 17.204.C. of this Article will be filed with the office of the Development Administrator for processing pursuant to Section 17.201.A.6. of this Article.
c. Applications for Amendments, Special Use Approvals and Certain Site Plan Approvals. All applications for an amendment pursuant to Section 17.205.A. of this Article, a special use permit pursuant to Section 17.205.B. of this Article, a planned unit development pursuant to Section 17.205.C. of this Article will be filed with the office of the Development Administrator for referral to the Community Development Commission. An application for appeal of site plan denial pursuant to Section 17.206.D.2. of this Article, will be filed with the office of the Development Administrator for referral to the Corporate Authorities.
2. Forms, Number, Scale. All applications filed pursuant to this UDO will be on forms supplied by the City and will be filed in a number of duplicate copies as the Development Administrator may designate. All plans filed as part of any application will be at a scale sufficient to permit a clear and precise understanding of the contents of said plan and the proposal being made and will be folded to a convenient size for handling and filing in standard, legal size legal drawers.
3. Filing Deadlines.
a. Applications Requiring Hearings. Applications requiring public hearing will not be scheduled for such hearing unless and until filed in a complete and proper form and number and containing all required information.
b. Applications Not Requiring Hearing. Applications that do not require a public hearing will be filed, in a complete and proper form and number and containing all required information, at least 35 days prior to the time when action on the application is requested. Applications will be processed on a first-filed, first-processed basis.
c. Supplemental Data. Whenever supplemental data in connection with a previously filed application is required by the City or offered by the applicant, it will be submitted at least seven days prior to the date on which it is to be considered at a hearing or a meeting or acted upon in connection with such application. The filing of this data will, in the discretion of the Development Administrator and of the body hearing the application, be cause to delay a requested or scheduled hearing date.
4. Fees.
a. Fee Established; Lien.
(1) Every application filed pursuant to this UDO will be subject to a non-refundable application and filing fee in the amount established by the City Council and published in a Master Fee Schedule that will be on file with the Development Administrator’s office, plus the actual cost incurred by the City in processing such application.
(2) The owner of the property which is the subject of the application and, if different, the applicant, will be jointly and severally liable for the payment of the application fee, as well as the actual City application processing costs. By submitting the application, owner is deemed to have agreed to pay any fees and processing costs, to consent to the filing, and foreclosure of a lien on the property to ensure collection of any fee and processing costs, plus the costs of collection, which has not been paid within thirty (30) days following the mailing of a written demand for payment to the owner at the address shown on the application. Any lien filed pursuant to this Section 17.202.C.4. may be foreclosed in the manner provided by statute for mortgages or mechanics liens.
b. Recoverable Costs. For purposes of calculating the fee due pursuant to Paragraph 4.a. above, the actual costs incurred by the City in processing an application will be deemed to consist of the following items of direct and indirect expense:
(1) Legal Publication (direct cost)
(2) Recording Secretarial Services (direct cost)
(3) Court Reporter (direct cost)
(4) Professional and Technical Consultant Services (direct cost)
(5) Legal Review, Consultation, Advice, Negotiation, and Document Preparation (direct cost)
(6) Copy Reduction (direct cost)
(7) Document Recordation (direct cost)
c. Fee Payment and Escrow.
(1) Initial Payment and Escrow. Every application filed pursuant to this UDO will be accompanied by the required fee plus an additional amount for recoverable costs as provided in Section 17.202.C.4.b., as fixed from time to time by the Development Administrator, to be deposited in an application fee escrow. No interest will be payable on any such escrow.
(2) Charges Against Escrow. From the date of filing of any application pursuant to this UDO, the City will maintain an accurate record of the actual costs, as hereinabove defined, of processing such application. The Development Administrator will, from time to time, draw funds from the escrow account established for such application to pay such costs and will transfer such funds to the appropriate City accounts. The Development Administrator will maintain an accurate record of all such drawings.
(3) Additional Escrow Deposits. Should the Development Administrator at any time determine that the escrow account established in connection with any application is, or is likely to become, insufficient to pay the actual costs of processing such application, the Development Administrator will inform the applicant and demand an additional deposit in an amount deemed sufficient to cover foreseeable additional costs. Unless and until the additional amount is deposited by the applicant, the Development Administrator may direct that processing of the application will be suspended or terminated.
(4) Final Settlement.
(A) As soon as reasonably feasible following final action on an application, the Development Administrator will cause a final accounting to be made of the escrow deposits made in connection with the application and the actual cost of processing the application and will make a final charge of such costs against the escrow deposits. A copy of the accounting will be provided to the owner and the applicant.
(B) If the amount in the escrow account is insufficient to pay the total actual costs, a written demand for payment of the balance due will be mailed to the owner and the applicant. If unused balance remains in the escrow account after paying the total actual costs, it will be returned to the applicant.
5. Condition of All Applications, Approvals and Permits; Time Periods.
a. No application filed pursuant to this UDO will be considered complete unless and until all fees and deposits due pursuant to this Section 17.202.C.5. have been paid. Every approval granted and every permit issued pursuant to this UDO will, whether or not expressly so conditioned, be deemed to be conditioned upon payment of fees as required by this Section 17.202.C.5.
b. Where this UDO provides that the passage of time without decision or action will be deemed an approval or a recommendation for approval, time periods will be tolled during any period of non-payment, but will otherwise continue to run.
c. The failure to fully pay any such fee or deposit, when due, will be grounds for refusing to process an application and for denying or revoking any permit or approval sought or issued with respect to the land or development to which the unpaid fee or deposit relates.
6. RESERVED.
7. Minimum Application Data Requirements.
a. All Applications. Every application submitted pursuant to this UDO will contain at least the following information:
(1) The owner’s name, email, telephone number and address and the owner’s signed consent to the filing of the application.
(2) The applicant’s name, email, telephone number and address, if different than the owner, and his interest in the subject property.
(3) The names, addresses, emails and telephone numbers of all professional consultants, if any, advising the applicant with respect to the application.
(4) The name and address and the nature and extent of the interest, as defined in Section 2.108 of the Municipal Code of Wood Dale, as amended, of any officer or employee of the City in the owner, the applicant or the subject property.
(5) The address and legal description of the property.
(6) A description or graphic representation of the proposal for which approval is being sought and of the existing zoning classification, use and development of the property. The scope and detail of the description will be appropriate to the subject matter of the application, with special emphasis on those matters likely to be affected or impacted by the approval being sought in the application.
(7) In the case of any application being filed less than two years after the denial of an application seeking essentially the same relief, the statement required by Section 17.202.D.2. of this Article.
(8) Proof of control or ownership, in the case of site-specific applications.
(1) A description or graphic representation of any development or construction that will occur or any use that will be established or maintained if the requested relief is granted.
(2) A table showing the following, if applicable:
(A) The total lot area of the subject property, in acres and in square feet;
(B) The total existing and proposed lot area, expressed in acres, in square feet and as a percent of the total development area, devoted to residential uses, by type of structure, commercial uses, office uses, industrial uses and institutional uses, open space, rights-of-way, streets, and off-street parking and loading areas; and
(3) The existing and proposed:
(A) Number of dwelling units, by number of bedrooms and dwelling unit gross floor area; and
(B) Gross and net floor area devoted to residential uses, commercial uses, office uses, industrial uses, institutional uses and recreational uses.
(4) A table listing all bulk, space and yard requirements, all parking requirements, and all loading requirements applicable to any proposed development or construction and showing the compliance of such proposed development or construction with each such requirement. Where any lack of compliance is shown, the reason therefore must be stated and an explanation of the City’s authority, if any, to approve the application despite such lack of compliance must be set forth.
(5) The certificate of a registered architect or civil engineer licensed by the State of Illinois, or of an owner-designer, that any proposed use, construction or development complies with all the provisions of this UDO and other City ordinances or complies with such provisions except in the manner and to the extent specifically set forth in said certificate.
(1) The specific provision or provisions of this UDO for which an interpretation is sought.
(2) The facts of the specific situation giving rise to the request for an interpretation.
(3) The precise interpretation claimed by the applicant to be correct.
(4) Where a use interpretation is sought, the use permitted pursuant to the present zoning classification of the subject property that is claimed by the applicant to include, or to be most similar to, the proposed use.
(5) Where a use interpretation is sought, documents, statements and other evidence demonstrating that the proposed use will comply with all use limitations established for the district in which it is proposed to be located.
(1) The specific order, decision or determination of failure to act from which an appeal is sought.
(2) The facts of the specific situation giving rise to the original order, decision, determination or failure to act and to the appeal therefrom.
(3) The precise relief sought.
(4) A statement of the applicant’s position as to alleged errors in the order, decision, determination or failure to act being appealed and as to why the relief sought is justified and proper.
(1) The specific feature or features of the proposed use, construction or development that require a variation.
(2) The specific provision of this UDO from which a variation is sought and the precise variation therefrom being sought.
(3) A statement of the characteristics of the subject property that prevent compliance with the said provisions of this UDO.
(4) A statement of the minimum variation of the provisions of this UDO that would be necessary to permit the proposed use, construction or development.
(5) A statement of how the variation sought would satisfy the standards set forth in Section 17.204.C.6. of this Article.
(6) An accurate, to scale and full size survey, certified by a registered land surveyor, showing existing lot lines and dimensions as well as lot area, all easements, all public and private rights-of-way and all streets across and adjacent to the subject property.
(7) A statement concerning the conformity or lack of conformity of the approval being requested to The City of Wood Dale Comprehensive Land Use Plan and Official Map. Where the approval being requested does not conform to the Comprehensive Land Use Plan or the Official Map, reasons justifying the approval despite such lack of conformity will be stated.
(1) Plat of survey with legal description;
(2) Site plan and architectural renderings, as appropriate;
(3) Statements as required in Sections 17.202.C.7.e.(3), (4), (5), and (7);
(4) Notarized letters or survey from all adjoining property owners stating the following:
(A) Name of the applicant seeking the variation.
(B) Legal description and address of the subject property.
(C) Name and address of adjoining property owners.
(D) Statement of variation request.
(E) Statement that the adjoining property owner does understand the request and does not object to the variation request.
g. Applications for The City of Wood Dale Comprehensive Land Use Plan or UDO Text Amendments. Every application filed pursuant to Section 17.202.A.7. or applications filed pursuant to Section 17.205.A. of this Article requesting an amendment to the text of either The City of Wood Dale Comprehensive Land Use Plan or this UDO will, in addition to the data and information required pursuant to Section 17.202.C.7.a., provide the following information:
(1) The exact wording of the proposed text amendment.
(2) A statement of the need and justification for the proposed text amendment.
(3) If applicable, a survey, certified by a registered land surveyor, showing existing lot lines and dimensions as well as lot area, all easements, all public and private rights-of-way and all streets across and adjacent to the subject property.
(4) A statement concerning the conformity or lack of conformity of the approval being requested to The City of Wood Dale Comprehensive Land Use Plan and Official Map. Where the approval being requested does not conform to The City of Wood Dale Comprehensive Land Use Plan or the Official Map, reasons justifying the approval despite such lack of conformity will be stated.
(1) A written statement of the need for the special permit.
(2) An accurate, to scale and full size survey, certified by a registered land surveyor, showing existing lot lines and dimensions as well as lot area, all easements, all public and private rights-of-way and all streets across and adjacent to the subject property.
(3) A statement concerning the conformity or lack of conformity of the approval being requested to The City of Wood Dale Comprehensive Land Use Plan and Official Map. Where the approval being requested does not conform to The City of Wood Dale Comprehensive Land Use Plan or the Official Map, reasons justifying the approval despite such lack of conformity will be stated.
(4) An application for site plan approval pursuant to Section 17.206d of this Article.
i. Applications for The City of Wood Dale Comprehensive Land Use Plan Map or Zoning Map Amendments. Every application filed pursuant to Section 17.202.A.7. and Section 17.205.A. or formal applications filed requesting an amendment to The City of Wood Dale Comprehensive Land Use Plan Map or the Zoning Map will, in addition to the data and information required pursuant to Section 17.202.C.7.a., provide a statement of the need and justification for the proposed Plan Map or Zoning Map amendment. The statement will address at least the following factors:
(1) The existing uses and zoning classifications of properties in the vicinity of the subject property.
(2) The trend of development in the vicinity of the subject property, including changes, if any, in such trend since the subject property was placed in its present plan designation or zoning classification.
(3) The extent to which the value of the subject property is diminished by the existing plan designation or zoning classification applicable to it.
(4) The extent to which such diminution in value is offset by an increase in the public health, safety and welfare.
(5) The extent, if any, to which the use and enjoyment of adjacent properties would be affected by the proposed amendment.
(6) The extent, if any, to which the value of adjacent properties would be affected by the proposed amendment.
(7) The extent, if any, to which the future orderly development of adjacent properties would be affected by the proposed amendment.
(8) The suitability of the subject property for uses permitted or permissible under its present plan designation and zoning classification.
(9) The availability of adequate ingress to and egress from the subject property and the extent to which traffic conditions in the immediate vicinity of the subject property would be affected by the proposed amendment.
(10) The availability of adequate utilities and essential public services to the subject property to accommodate the uses permitted or permissible under its present plan designation and zoning classification.
(11) The length of time, if any, that the subject property has been vacant, considered in the context of the pace of development in the vicinity of the subject property.
(12) The community need for the proposed map amendment and for the uses and development it would allow.
(13) A survey, certified by a registered land surveyor, showing existing lot lines and dimensions as well as lot area, all easements, all public and private rights-of-way and all streets across and adjacent to the subject property.
(1) A development name unique to the Wood Dale area for identification purposes.
(2) Evidence that the applicant has sufficient control over the subject property to effectuate the proposed planned unit development, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property, and a recent commitment for title insurance or ownership search certificate.
(3) A map depicting municipal and special district boundaries where adjacent to or within the subject property.
(4) A written statement addressing the following matters:
(A) A general description of the proposed planned unit development, the planning objectives to be achieved by it, including the rationales and assumptions of the applicant supporting the proposed planned unit development, and the market it is intended to serve.
(B) How the proposed planned unit development is to be designed, arranged and operated so as not to adversely affect the development and use of neighboring property in accordance with applicable regulations of this UDO.
(5) Schematic, soft-line drawings of the proposed planned unit development concept, including public or private rights-of-way on or adjacent to the subject property, the proposed dimensions and locations of vehicular and pedestrian circulation and parking elements, public and private open space, and residential, commercial, office, industrial and other land uses, and the general locations of and purpose of all easements.
(6) A Tax Impact Study indicating the possible tax consequences the proposed planned unit development will have upon the City and other affected taxing bodies.
(7) A Traffic and Transit Impact Study including a list of new street construction and traffic control improvements necessary to accommodate the estimated increase in traffic and traffic related problems occasioned by the proposed development and a statement of the applicant’s proposals for providing those needed improvements.
(8) A preliminary engineering study showing the location and adequacy of existing and proposed sanitary sewer, storm sewer and water distribution systems.
(9) A written statement identifying existing natural and environmental resources and features on the subject property, including its topography, vegetation, soils, geology, and scenic view, and the impact of the proposed planned unit development on such resources and features, including proposals to preserve or protect such resources and features.
(10) Schematic, soft-line architectural elevations indicating the general style of architecture and typical building materials.
(11) A statement of the applicant’s intent with respect to the ownership, sale and leasing of the various completed units, structures, spaces and areas within the proposed planned unit development.
(12) A development schedule for each and every stage of construction stating the approximate beginning and completion date, proportion of total public or common open space to be provided for each use and with each development stage.
(13) A detailed description of the financial assurances to be presented to guarantee completion of all public improvements and private open space to be provided in connection with the proposed planned unit development.
(14) Evidence of the financing plan the applicant proposes to use to complete the proposed planned unit development. The applicant’s prior success in completing projects of similar scope may be offered in support of this requirement.
(15) A preliminary plat of subdivision if required pursuant to the Section 17.802 of this UDO.
(1) The date on which Development Concept Plan approvals were granted.
(2) A statement and plan of the proposed treatment of the perimeter of the proposed planned unit development, including materials and techniques to be used.
(3) When the proposed planned unit development, or stage thereof, includes provision for public or common open space, a statement describing the provision made for the dedication or care and maintenance of such open space. If it is proposed that such open space be owned or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and by-laws of such entity will be submitted. When the property is to be dedicated, a draft of the instrument of dedication will be submitted.
(4) Copies of any restrictive covenants to be recorded with respect to property included in the Final Plan.
(5) A statement summarizing all changes that have been made, or have occurred, in any document, plan, data or information previously submitted, together with a revised copy of any such documents, plan or data.
(6) A final plat of subdivision if required pursuant to this UDO.
(7) All engineering data and drawings required in connection with an application for final subdivision approval under this UDO.
(8) All certificates, seals and signatures required for the dedication of land and recordation of documents.
(9) Hard line elevations and scaled floor plans.
(10) Proof from appropriate governmental agencies that all taxes on the subject property have been paid and that all special assessments, taxes, and other levies against the subject property or any part thereof have been paid in full.
l. Applications for Site Plan Approval. Whenever an application filed pursuant to any provision of this UDO involves any use, construction or development requiring the submission of a site plan pursuant to Section 17.206 of this Article, a site plan illustrating the proposed use, construction or development and providing at least the following data and information, on one or more sheets, will be submitted as part of the application:
(1) A graphic rendering of the existing conditions, which depicts:
(A) All significant natural, topographical and physical features of the subject property including topographical contours at one foot intervals;
(B) The location and extent of tree cover including single trees in excess of six inches in diameter at breast height (dbh);
(C) The location and extent of water bodies and courses, wetlands, marshes and special flood hazard areas and floodways on or within 100 feet of the subject property;
(D) Existing drainage structures and patterns; and
(E) Soil conditions as they affect development.
(2) The location, use, size and height in stories and feet of structures and other land uses on properties within 250 feet of the subject property.
(3) For areas within any required yard or setback, any proposed regarding of the subject property.
(4) Data concerning proposed structures and existing structures that will remain, including:
(A) Location, size, use and arrangement, including height in stories and feet;
(B) Where relevant, floor area ratio, gross floor area and net floor area;
(C) Where relevant, number and size of dwelling units, by dwelling unit type and number of bedrooms;
(D) Building coverage and lot coverage; and
(E) Description of the calculation method utilized in computing all required statistics shown.
(5) Minimum yard and setback dimensions and, where relevant, relation of yard and setback dimensions to the height, width and depth of any structure.
(6) A vehicular and pedestrian circulation plan showing the location, dimensions, gradient and number of all vehicular and pedestrian circulation elements including rights-of-way and streets; driveway entrances, curbs and curb cuts; parking spaces, loading spaces and circulation aisles; sidewalks, walkways and pathways; and total lot coverage of all circulation elements divided as between vehicular and pedestrian ways.
(7) All existing and proposed surface and sub-surface drainage and retention and detention facilities and existing and proposed water, sewer, gas, electric, telephone and cable communications lines and easements and all other utility facilities.
(8) Location, size and arrangements of all outdoor signs and lighting.
(9) Location and height of fences or screen plantings and the type or kind of building materials or plantings to be used for fencing or screening.
(10) Location, designation and total area of all usable open space.
(11) A detailed landscaping plan, showing location, size and species of all trees, shrubs and other plant material.
(12) A traffic study, if required by the Development Administrator or the Community Development Commission.
(13) An erosion control plan for the period during which construction will be taking place, if required by the Development Administrator or the Community Development Commission.
(14) Hard line elevations and floor plans.
(1) A copy of the original application for site plan approval.
(2) A statement of the applicant’s position as the alleged errors in the Development Administrator’s denial of site plan approval and as to why approval of the site plan is justified and proper.
8. Special Data Requests. In addition to the data and information required pursuant to Section 17.202.C.7., every applicant will submit any other and additional data, information or documentation as the Development Administrator or the Community Development Commission may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.
9. Concurrent Applications. Where a proposed use or development requires more than one approval pursuant to this UDO, applications for all approvals may be filed concurrently notwithstanding the fact that approval of one application may be a precondition to approval of other applications. Such applications may, in the discretion of the official, officials, body or bodies charged with review of such applications be processed together; provided, however, that no application will be approved unless all applications that are a precondition to its approval have first been approved.
10. Withdrawal of Application. An applicant may withdraw an application at any time prior to a final decision having been rendered with respect thereto; provided that the applicant will have paid all applicable application fees pursuant to Section 17.202.C.4. and made the request to withdraw in writing. A withdrawal will be without prejudice to the applicant’s right to refile such application, but any refiling will be treated as an entirely new filing and will be subject to the procedures and fees of this UDO in the same manner as any other new application.
11. Administrative Discretion. Notwithstanding anything to the contrary in this Article, the Development Administrator or the Community Development Commission may waive any application requirements otherwise set forth in this Section 17.202.C.7. where the applicant demonstrates to the satisfaction of the Development Administrator or Community Development Commission before which its application is pending that the information required is not relevant to or necessary for the determination of the application submitted.
D. Successive Applications.
1. Second Applications Without New Grounds Barred. Whenever any application filed pursuant to this UDO has been finally denied on its merits and all appeals with the City have been exhausted, a second application, seeking essentially the same relief, whether or not in the same form or on the same theory, will not be brought within one year after the date upon the last City action on the application, unless, in the opinion of the Development Administrator or the Community Development Commission substantial new evidence is available or a mistake of law or fact significantly affected the prior denial.
2. New Grounds to be Stated. Any second application will include a detailed statement of the grounds justifying consideration of the application.
3. Exception. Whether or not new grounds are stated, any second application filed more than two years after the final denial of a prior application will be heard on the merits as though no prior application had been filed. The applicant will, however, be required to place in the record all evidence available concerning changes of conditions or new facts that have developed since the denial of the first application. In the absence of such evidence it will be presumed that no new facts exist to support the new petition that did not exist at the time of the denial of the first application.
E. Public Hearings and Meetings.
1. Setting Hearing or Meeting; Time Limitation. When the provisions of this UDO require a public hearing or meeting in connection with any application filed pursuant to this UDO, the Community Development Commission will, upon receipt of a properly completed application, fix a reasonable time and place for such hearing or meeting; provided, however, that such hearing or meeting will be commenced no later than 60 days, and will be concluded no later than 120 days, following the receipt of the subject application unless the applicant agrees to an extension or unless the hearing or meeting agenda of the body is completely committed during that time.
2. Notice.
a. Notice to be Given. Notice of public hearings and meetings set pursuant to Section 17.202.E.1. of this Section will be given by the Development Administrator or the applicant, as the case may be, in the form and manner and to the person herein specified.
b. Notice Procedures.
(1) All Hearings and Meetings. Notice of every hearing or meeting set pursuant to Section 17.202.E.1. of this Section will be given by the Development Administrator:
1. By first class mail, electronic mail or personal delivery to the applicant and, if a specific parcel is the subject of the application, to the owner of the subject property.
2. By first class mail or electronic mail to any newspaper or person that will have filed a written request, accompanied by an annual fee as established from time to time by the Development Administrator to cover postage and handling, for notice of all hearings or meetings held pursuant to this UDO. Such written request will automatically expire on December 31 of the year in which it is made unless a written request for renewal, accompanied by the annual fee, is submitted prior to such date.
3. By first class mail, electronic mail or personal delivery or interdepartmental delivery to affected City Council, Commissions, Departments and Officials.
(2) Delivery of Notice. Notice by mail as herein required, will be mailed no less than five days in advance of the hearing or meeting date by regular first class United States Mail.
c. Required Public Notices: Prior to holding a public hearing, the following notices shall be required:
(1) Notice by Newspaper Publication. The Development Administrator will cause a notice to be published in a newspaper published in, or of general circulation within, the City at least once no less than fifteen (15) days, nor more than thirty (30) days, in advance of the hearing date. The newspaper notice shall contain, at a minimum, the following information:
1. The street address, property index number(s), and street intersection location description of the property that is the subject of the application;
2. A brief statement of the nature of the relief being requested;
3. The name and address of the applicant;
4. The name and address of the legal and beneficial owner of the property, if any, that is the subject of the application.
(2) Notice by Sign. If a specific property is the subject of the application, the Development Administrator or applicant will post the subject property with a ground sign of approximately nine (9) square feet of gross surface area containing the legibly written notice. The sign shall be placed no less than fifteen (15) days, nor more than thirty (30) days, in advance of the hearing date. The sign will be located on the subject property so as to be visible from at least one (1) right-of-way abutting the subject property. The Development Administrator or applicant will remove the sign within three (3) days after the hearing is closed.
(3) Notice by Mail. The Development Administrator shall make best efforts, where applicable, to provide notice mailed via first class mail to all the property owners within two hundred and fifty feet (250') of the specific property. The notice shall be mailed no less than fifteen (15) days, nor more than thirty (30) days, in advance of the hearing date. Any irregularity or mistake concerning mailed notice shall not otherwise affect the validity of any legislative action. The mailed notice shall contain, at a minimum, the following information:
1. The street address, property index number(s), and street intersection location description of the property that is the subject of the application;
2. A brief statement of the nature of the relief being requested;
3. The name and address of the applicant;
4. The name and address of the legal and beneficial owner of the property, if any, that is the subject of the application.
d. Report to Hearing Body. At the hearing, the Development Administrator or applicant will present to the Community Development Commission an affidavit, certification or other evidence satisfactory to the Community Development Commission, demonstrating, to the satisfaction of the Community Development Commission, that the applicable notice requirements of this Subparagraph have been satisfied.
f. Hearing on The City of Wood Dale Comprehensive Land Use Plan. In addition to notice as required by Section 17.202.E.2.a. and Section 17.202.E.2.b. above, notice of every hearing set pursuant to Section 17.202.E.1. hereof in connection with the adoption of The City of Wood Dale Comprehensive Land Use Plan will be given by publication in a newspaper of general circulation in Wood Dale County at least fifteen (15) days before such hearing.
g. Hearing on Zoning Map Amendments. In addition to notice as required by Section 17.202.E.2.a. and Section 17.202.E.2.b., notice of every hearing set pursuant to Section 17.202.E.1. hereof in connection with an application for an amendment to the Zoning Map will be pursuant to Section 17.202.E.2.d.; provided, however, that the requirements set forth in Section 17.202.E.2.d.(4) will not apply when the City is the applicant and none of the property that is the subject of the application is owned by the City.
3. Referral to Community Development Commission and Departments for Hearings and Meetings Regarding Appeals, Variations, Amendments, Special Use Permit and Planned Unit Development.
a. Development Administrator to Refer Applications. The Development Administrator will, not later than the time set pursuant to Section 17.202.E.2.d. for giving public notice, refer every application for an appeal pursuant to Section 17.204.B. of this Article, for a variation pursuant to Section 17.204.C. of this Article, for an amendment pursuant to Section 17.205.A. of this Article, for a special use permit pursuant to Section 17.205.B. of this Article, and for a planned unit development pursuant to Section 17.205.C. of this Article to all relevant City departments with review authority over any application.
b. Review and Comments. Each department to which an application is referred pursuant to this Subsection 17.202.E.3. will review the application and submit its comments to the Development Administrator and Community Development Commission.
The comments will, whenever possible, be submitted at least two business days prior to the date set for the hearing and will be made available to any person on request prior to the hearing.
4. Conduct of Hearings. The Community Development Commission, in accordance with the authority set forth in Section 11-13-22 of the Illinois Municipal Code, 65 ILCS 5/11-13-22, may adopt such rules of procedure as necessary and appropriate to govern any public hearing required under this Article. (Ord. O-22-017, 5-19-2022; amd. Ord. O-24-012, 4-18-2024)
Sec. 17.203. Zoning Certificates.
A. Authority. The Development Administrator will have authority to issue Zoning Certificates, but only in accordance with the provisions of this Section.
B. Purpose. The Zoning Certificate is intended to two general purposes:
1. A procedure for reviewing plans for conformance with this UDO and a means for evidencing conformance; and
2. an adjunct to, filed prior to or with, all other applications filed pursuant to this UDO with respect to a specific use or development proposal.
3. When a Zoning Certificate is filed, it serves as a vehicle for routine plan review by the Development Administrator prior to consideration of special requests by other officials, departments or the Community Development Commission, thus avoiding needless special reviews of defective plans.
C. Certificate Required. Except where expressly waived by another provision of this UDO, unless a Zoning Certificate will have first been obtained from the Development Administrator:
1. The construction, reconstruction, remodeling, alteration or moving of any structure will not be commenced;
2. The grading, excavation or improvement of land preliminary to any construction on or use of such land will not be commenced; and
3. Building or other permits pertaining to the construction, reconstruction, remodeling, alteration or moving of any structure or the use of any land or structure will not be issued by the City.
4. In any case where a Zoning Certificate is not required under this UDO, the Development Administrator will, upon written request, issue a certificate of such fact.
D. Relation to Other Applications. No application for a zoning variation, application for a special permit, application for an amendment or application for approval of a development Concept Plan will be processed unless an application for a Zoning Certificate will first have been received, processed and approved, or denied solely on one or more grounds that form the basis for the application. It is the intent of this Section 17.203 that no application filed pursuant to this Article with respect to a specific use or development proposal will be processed until the Development Administrator is satisfied that the proposed use or development complies with the provisions of this UDO in all respects except those within the scope of such application.
E. Procedure.
1. Application. Applications for Zoning Certificates will be filed in accordance with the requirements of Section 17.202.C.7.b. of this Article.
2. Action on Application. Within ten (10) days following receipt of a completed application for a Certificate of Zoning Compliance, the Development Administrator will cause the application and related submissions to be reviewed for compliance with this UDO and will inform the applicant whether the application has been granted or denied.
In any case where an application is granted, the Development Administrator will issue a Certificate of Zoning Compliance that will read on its face:
THIS CERTIFICATE DOES NOT SIGNIFY BUILDING CODE REVIEW OR APPROVAL AND IS NOT AUTHORIZATION TO UNDERTAKE ANY WORK WITHOUT SUCH REVIEW AND APPROVAL WHERE EITHER IS REQUIRED.
BEFORE ANY STRUCTURE TO WHICH THIS CERTIFICATE IS APPLICABLE MAY BE OCCUPIED OR USED FOR ANY PURPOSE, A CERTIFICATE OF OCCUPANCY MUST BE OBTAINED.
In any case where an application is denied, the Development Administrator will state specific reasons therefor and will cite the specific provisions of this UDO upon which such denial is based. If relief from such demand would be available pursuant to a companion application filed in connection with the application for a Certificate of Zoning Compliance, the Development Administrator will inform the applicant and will promptly process such companion application. If the application is approved, the Development Administrator will issue the requested Certificate of Zoning Compliance in accordance with the terms and conditions of such approval.
If relief from the Development Administrator’s denial of a Certificate of Zoning Compliance would be available by variation, special permit or site plan review, but no application therefor has been filed, the Development Administrator will so state and refer the applicant to the appropriate provisions of this UDO.
3. Contents of Certificate. Each Certificate of Zoning Compliance issued pursuant to this Section 17.203 will state the specific use of the subject property for which it is issued; identify the specific plans; if any, pursuant to which it is issued; and set forth any conditions imposed in connection with any approval granted pursuant to this UDO.
4. Filing of Certificates. Every Certificate issued pursuant to this Section will be kept on file with the Development Administrator and will be a public record open to inspection in accordance with the provisions of the Freedom of Information Act, 5 ILCS 140/1 et seq., as amended.
F. Effect of Issuance of Certificate of Zoning Compliance. The issuance of a Certificate of Zoning Compliance will not authorize the establishment, expansion or extension of any use nor the development, construction, relocation, alteration or moving of building or structure, but will merely authorize the preparation, filing and processing of applications for any additional 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 and Subdivision Approval.
G. Limitations on Certificates. Subject to an extension of time granted by the Development Administrator pursuant to Section 17.201.A.12. of this Article, a Certificate of Zoning Compliance will become null and void six months after the date on which it was issued unless within such period construction, reconstruction, remodeling, alteration or moving of a structure is commenced or a use is commenced.
H. Void Certificates. Any Certificate of Zoning Compliance issued in violation of the provisions of this UDO, whether intentionally, negligently or innocently, will be void and confer no rights whatsoever. (Ord. O-22-017, 5-19-2022)
Sec. 17.204. Interpretations, Appeal and Variations.
A. Interpretations.
1. Authority. The Development Administrator may, subject to the procedures, standards and limitations of this Section, render interpretations, including use interpretations, of the provisions of this UDO and of any rule or regulation issued pursuant to it.
2. Purpose. The interpretation authority established by this Section is intended to recognize that the provisions of this UDO though detailed and lengthy, cannot possibly address every specific situation to which they may have to be applied. Many such situations can, however, be readily addressed by an interpretation of the specific provisions of this UDO in light of the general and specific purposes for which those provisions have been enacted. Because the interpretation authority of this UDO is an administrative rather than a legislative authority, it is not intended to add to or change the essential content of this UDO but, rather, it is intended only to allow authoritative application of that content to specific cases.
3. Parties Entitled to Seek Interpretations. Applications for interpretations may be filed by any person having an interest in the circumstances giving rise to the need for an interpretation; provided, however, that interpretations will not be sought by any person based solely on hypothetical facts or where the interpretation would have no effect other than as an advisory opinion.
4. Procedure.
a. Application. Applications for interpretations of this UDO will be filed in accordance with the requirements of Section 17.202.C.7.c. of this Article.
b. Action on Application.
(1) Within 35 days following the receipt of a properly completed application for interpretation, the Development Administrator will inform the applicant in writing of his interpretation, stating the specific precedent, reasons and analysis upon which the determination is based.
(2) The failure of the Development Administrator to act within 35 days, or such further time to which the applicant can agree, will be deemed to be a decision denying the application rendered on the day following the 35 day period.
c. Appeal. Appeals from interpretations rendered by the Development Administrator may be taken to the Community Development Commission as provided in Section 17.202.C.7.d. of this Article.
5. Standards for Use Interpretations. The following standards govern the Development Administrator and the Community Development Commission on appeals from the Development Administrator, in issuing use interpretations:
a. No use interpretation will be given with respect to any Residential District.
b. Any use defined in Section 17.103 of this UDO will be strictly interpreted as therein defined.
c. No use interpretation will permit a use not already listed as a permitted or special permit use in the district proposed for that use.
d. No use interpretation will permit any use in any district unless evidence is presented that demonstrates that it will comply with each use limitation established for that particular district.
e. No use interpretation will permit any use in a particular district unless such use is substantially similar to other uses permitted in such district.
f. If the proposed use is most similar to a use permitted only as a special permit use in the district in which it is proposed to be located, then any use interpretation permitting such use will be conditioned on the issuance of a special permit for such use pursuant to Section 17.205.B of this Article.
g. No use interpretation will permit the establishment of any use that would be inconsistent with the statement of purpose of the district in question.
6. Effect of Favorable Use Interpretation. No use interpretation finding a particular use to be permitted or specially permitted in a particular district will authorize the establishment of that use nor the development, construction, reconstruction, alteration or moving of any building or structure but will 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 Special Permit, a Certificate of Zoning Compliance, a Building Permit, a Certificate of Occupancy, Subdivision Approval and Site Plan Approval.
7. Limitations on Favorable Use Interpretations.
a. Subject to an extension of time granted by the Development Administrator pursuant to Section 17.201.A.12. of this Article, no use interpretation finding a particular use to be permitted or specially permitted in a particular district will be valid for a period longer than six months from the date of issue unless a building permit is issued, and construction is actually begun within that period and is 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 specially permitted in a particular district will be deemed to authorize only the particular use for which it was issued, and such permit will not be deemed to authorize any claimed similar use for which a separate use interpretation has not been issued. The permit will automatically expire and cease to be of any force or effect if the particular use for which it was issued will, for any reason, be discontinued for a period of six consecutive months or more.
B. Appeals.
1. Authority. Except as provided in Section 17.206.D.1.d. of this Article with regard to site plan review appeals, the Community Development Commission will hear and decide appeals from, and review orders, decisions, determinations, or the failure to act, of the Development Administrator acting pursuant to his authority and duties under this UDO and to that end the Community Development Commission will have the same powers and be subject to the same standards and limitations as the Development Administrator with respect to any order, decision or determination being appealed. When considering and acting on appeals, the Community Development Commission will be considered a Zoning Board of Appeals, and possess the statutory powers and limitations set forth in Section 11-13-3 and Section 11-13-12 of the Illinois Municipal Code, 65 ILCS 5/11-13-3 and 65 ILCS 5/11-13-12, as amended.
2. Purpose. The appeal procedure is provided as a safeguard against arbitrary, ill-considered or erroneous administrative decisions. It is intended to avoid the need for resort to legal action by providing a local procedure for the review and correction of administrative errors. It is not, however, intended as a means to subvert the clear purposes, intent or meaning of this UDO or the rightful authority of the Development Administrator to enforce this UDO. To these ends, the Community Development Commission will give all proper deference to the spirit and language of this UDO and to the reasonable interpretations of those charged with its administration.
3. Parties Entitled to Appeal. An application for appeal to the Community Development Commission may be filed by any person aggrieved or adversely affected by an order, decision, determination or failure to act of the Development Administrator acting pursuant to his authority and duties under this UDO.
4. Procedure.
a. Application. An application for appeal to the Community Development Commission will be filed not later than 45 days following the action being appealed and in accordance with the requirements of Section 17.202.C.7.d. of this Article.
b. Action by Development Administrator. Upon receipt of a properly completed application for an appeal, the Development Administrator will transmit to the Community Development Commission the application together with all papers constituting the record upon which the action appealed from was taken.
c. Public Hearing. A public hearing will be set, noticed and conducted by the Community Development Commission in accordance with Section 17.202.E. of this Article.
d. Action by Community Development Commission.
(1) Within thirty (30) days following the close of the public hearing the Community Development Commission will render a decision on the appeal in the manner and form specified in Section 17.201.C.3. of this Article. The decision may reverse, affirm or modify, in whole or in part, the action appealed from and may include such order or determination as, in the opinion of the Community Development Commission, is proper to be made in the premises.
(2) The failure of the Community Development Commission to act within thirty (30) days, or such further time to which the applicant may agree, will be deemed to be a decision denying the appeal.
5. Stay of Proceedings. An application for appeal properly filed pursuant to Subsection 17.204.B.4.a. above will stay all proceedings in the furtherance of the action appealed from, unless the Development Administrator certifies to the Community Development Commission after the application for appeal has been filed with the Development Administrator that, by reason of facts stated in the certificate, a stay would, in the Development Administrator’s opinion, cause imminent peril to life or property, in which case the proceedings will not be stayed other than by a restraining order, which may be granted by the Community Development Commission or by the Circuit Court on application, upon reasonable written notice to the Development Administrator and on due cause shown.
6. Right to Grant Variation in Deciding Appeals. In any case where the application for appeal is accompanied by an application for variation in accordance with Section 17.202.C.7.e. of this Article, the Community Development Commission will have the authority to grant, as part of the relief, a variation but only in strict compliance with each provision of Section 17.204.C.
7. Conditions and Limitations on Rights Granted by Appeal. In any case where this UDO imposes conditions and limitations upon any right, any such right granted by the Community Development Commission on appeal will 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.
C. Variations.
1. Authority. The City Council will have the authority to grant variations from the provisions of this UDO, by ordinance duly adopted, and only in compliance with the procedures set forth in this Section 17.204.C. of this Section and in those specific instances enumerated in Subsection 17.204.C.5. of this Section and then only in accordance with each of the standards enumerated in Section 17.204.C.6. of this Section.
2. Purpose. The variation procedure is intended to provide a narrowly circumscribed means by which relief may be granted from unforeseen particular applications of this UDO that create practical difficulties or particular hardships. When such difficulties or hardships are more appropriate for remedy, if at all, pursuant to other provisions of this Article, the variation procedure is inappropriate.
3. Parties Entitled to Seek Variations. Applications for variations may be filed by the owner of, or any person having a contractual interest in, the subject property.
4. Procedure.
a. Application. Applications for variations will be filed in accordance with the requirements of Section 17.202.C.7.e. of this Article.
b. Public Hearing. A public hearing will be set, noticed and conducted by the Community Development Commission in accordance with Section 17.202.E. of this Article.
c. Action by Community Development Commission.
(1) Within 35 days following the close of the public hearing, the Community Development Commission will render its recommendations granting or denying the variation, in the manner and form specified by Section 17.201.C.3. of this Article.
(2) The failure of the Community Development Commission to act within 35 days, or such further time to which the applicant may agree, will be deemed to be a decision to recommend denial of the variation.
(3) When considering and acting on variations, the Community Development Commission will be considered a Zoning Board of Appeals, and possess the statutory powers and limitations set forth in Section 11-13-3 and Section 11-13-5 of the Illinois Municipal Code, 65 ILCS 5/11-13-3 and 65 ILCS 5/11-13-5, as amended.
d. Action by City Council.
(1) Within sixty (60) days following the receipt of the recommendation of the Community Development Commission, or its fail to act as above provided, the City Council will either deny the application or, by ordinance duly adopted, will grant the variation, with or without modifications and conditions.
5. Authorized Variations.
a. Permitted Variations. Subject to the prohibitions set forth in Section 17.204.C.5.b. below, and subject to the other provisions of this Section, the Community Development Commission may only consider and recommend the following variations:
(1) To vary the applicable lot area, lot width, and lot depth requirements, subject to the following limitations:
(A) The minimum lot width and lot depth requirements shall not be reduced more than fifty percent (50%).
(B) The minimum lot area for a single-family or two-family dwelling shall not be reduced more than forty-five percent (45%).
(C) The minimum lot area per dwelling unit required for multiple-family dwellings shall not be reduced so as to permit more dwelling units than would be permitted by strict application of minimum lot area requirements.
(2) To vary applicable bulk regulations, including maximum height, lot coverage, and floor area ratio and minimum yard requirements.
(3) To vary applicable off street parking and off street loading requirements.
(4) To vary regulations relating to restoration of damaged or destroyed nonconforming structures.
(5) To vary the regulations relating to signs.
(6) To vary the regulations relating to fences.
(7) To vary the regulations relating to tree removal and replacement.
b. Prohibited Variations. Notwithstanding any other provision of this Section 17.204.C.5.b., no variation will be granted that:
(1) Is intended as a temporary measure only; or
(2) Is greater than the minimum variation necessary to relieve the particular hardship or practical difficulty demonstrated by the applicant.
6. Standards for Variations.
a. General Standard. No variation will be granted pursuant to this Section 17.204.C.6. unless the applicant will establish that carrying out the strict letter of the provisions of this UDO would create a particular hardship or a practical difficultly. Such a showing will require proof that the variation being sought satisfies each of the standards set forth in this Subsection.
b. Unique Physical Condition. The subject property is exceptional as compared to other lots subject to the same provision by reason of a unique physical condition, including presence of an existing use, structure or sign, whether conforming or nonconforming; irregular or substandard shape or size; exceptional topographical features; or other extraordinary physical conditions peculiar to and inherent in the subject property that amount to more than a mere inconvenience to the owner and that relate to or arise out of the lot rather than the personal situation of the current owner of the lot.
c. Not Self-Created. The aforesaid unique physical condition is not the result of any action or inaction of the owner or his predecessors in title and existed at the time of the enactment of the provisions from which a variation is sought or was created by natural forces or was the result of governmental action, other than the adoption of this UDO, for which no compensation was paid.
d. Denied Substantial Rights. The carrying out of the strict letter of the provision from which a variation is sought would deprive the owner of the subject property of substantial rights commonly enjoyed by owners of other lots subject to the same provision.
e. Not Merely Special Privilege. The alleged hardship or difficulty is not merely the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision, nor merely an inability to make more money from the sale of the subject property; provided, however, that where the standards herein set out exist, the existence of an economic hardship will not be a prerequisite to the grant of an authorized variation.
f. Code and Plan Purposes. The variation would not result in a use or development of the subject property that would not be in harmony with the general and specific purposes for which this UDO and the provision from which a variation is sought were enacted or the general purpose and intent of The City of Wood Dale Comprehensive Land Use Plan.
g. Essential Character of the Area. The variation would not result in a use or development on the subject property that:
(1) Would be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development value of property or improvements permitted in the vicinity;
(2) Would materially impair an adequate supply of light and air to the properties and improvements in the vicinity;
(3) Would substantially increase congestion in the public streets due to traffic or parking;
(4) Would unduly increase the danger of flood or fire;
(5) Would unduly tax public utilities and facilities in the area; or
(6) Would endanger the public health and safety.
(7) No Other Remedy. There is no means other than the requested variation by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject property.
7. Variation Less Than Requested. A variation less than or different from that requested may be granted when the record supports the applicant’s right to some relief but not to the relief requested.
8. Conditions on Variations. The Community Development Commission may impose such specific conditions and limitations concerning use, construction, character, location, landscaping, screening and other matters relating to the purposes and objectives of this UDO upon the premises benefited by a variation as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services. Such conditions will be expressly set forth in the resolution granting the variation. Violation of any such condition or limitation will be a violation of this UDO and will constitute grounds for revocation of the variation.
9. Affidavit of Compliance with Conditions; Fee. Whenever any variation authorized pursuant to Section 17.204.C.5. is made subject to conditions and limitations to be met by the applicant, the applicant will upon meeting such conditions file an affidavit with the Development Administrator so stating. Such affidavit will be accompanied by a nonrefundable fee, to be fixed in each case by the Development Administrator, to recover the City’s actual direct cost of an inspection to verify that such conditions and limitations have been met.
10. Effect of Grant of Variation. The grant of a variation will not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure but will merely authorize the preparation, filing and processing of applications for any permits and approval that may be required by the codes and ordinances of the City, including, but not limited to, a Certificate of Zoning Compliance, a Building Permit, a Certificate of Occupancy, Subdivision Approval and Site Plan Approval.
11. Limitations on Variations.
a. Subject to an extension of time granted by the Development Administrator or City Council pursuant to Section 17.201.A.12. of this Article, no variation from the provisions of this UDO will be valid for a period longer than 180 days, and no variation from the provisions of this UDO that is granted concurrently with a special permit will be valid for a period longer than one year, unless a building permit application is submitted within that period and is diligently pursued to completion or unless a Certificate of Occupancy is issued and a use is commenced within that period. Variations granted pursuant to Section 17.204.C.5. of this Article will be valid for a period that is coterminous with the period that the tentative subdivision plat is valid, and will be deemed final variations that run with the land only after recordation of a duly approved final subdivision plat.
b. A variation will be deemed to authorize only the particular construction or development for which it was issued and will automatically expire and cease to be of any force or effect if such construction or development will be removed and not replaced within six months following such removal.
D. Administrative Variations.
1. Authority. The Development Administrator will have the authority to grant administrative variations from the provisions of this UDO pertaining to (a) dimensional zoning relief related to setbacks and height and (b) off-street parking requirements. Administrative variations will only be permitted where the requested relief does not exceed a five percent (5%) reduction of the required dimensional or parking regulation. Administrative variations will only be granted by the Development Administrator in compliance with the procedures set forth in this Section 17.204.D.
2. Purpose. The administrative variation procedure is intended to provide a narrowly tailored and streamlined process to grant minimal variations resulting from unforeseen particular applications of this UDO that create practical difficulties or particular hardships. When such difficulties or hardships are more appropriate for remedy, if at all, pursuant to other provisions of this Article, the administrative variation procedure is inappropriate.
3. Parties Entitled to Seek Administrative Variations. Applications for administrative variations may be filed by the owner of, or any person having a contractual interest in, the subject property.
4. Procedure.
a. Application. Applications for administrative variations will be filed in accordance with the requirements of Section 17.202.C.7.f. of this Article.
b. Application Notification. Upon receipt of a complete application conforming to the requirements set forth in Section 17.204.D.4.a., the Development Administrator will review the application within thirty (30) days and notify the applicant via mail of his or her decision. If an application for an administrative variation is denied, the Development Administrator will explain the reasons for the denial and advise the applicant that he or she may petition for a variation pursuant to Subsection 17.204.C. of this Article.
c. Adjoining Property Owner Objection. In the event that an adjoining property owner objects to the administrative variation, the application for an administrative variation will be subject to the requirements for a public hearing for a variation with the Community Development Commission, as set forth in Section 17.204.C.4.b.
d. Approval. If the Development Administrator finds the variation request to meet the standards contained in this section, the Development Administrator will do the following:
(1) Provide notification to the applicant via first class mail.
(2) Provide notification to the Corporate Authorities.
(3) Record or cause to be recorded the variation with the Office of the DuPage County Recorder of Deeds. The applicant will bear all costs of recording the administrative variation.
5. Standards For Administrative Variations. Administrative variations will only be granted when the request is consistent with the general purpose and intent of the UDO and the applicant has demonstrated in writing the satisfaction of the following three (3) standards:
a. Hardship Or Unintentional Human Error. That a particular hardship or practical difficulty exists that is unique to the subject property and does not apply generally to properties in the zoning district, and that the strict enforcement of the zoning requirement deprives the applicant of the reasonable use of the property.
b. Prohibitions. That the granting of the variation will not:
c. Impair an adequate supply of light and air to the adjacent property;
d. Increase the hazard from fire or other dangers to said property;
e. Diminish the value of land and buildings in the immediate neighborhood;
f. Unduly increase traffic congestion in the public streets and highways;
g. Increase the potential for flood damages to adjacent property;
h. Otherwise impair the public health, safety, comfort, morals or general welfare of the inhabitants of the City;
i. That the granting of the variation will be in harmony with the essential character of the neighborhood. (Ord. O-22-017, 5-19-2022; amd. Ord. O-24-032, 10-3-2024)
Sec. 17.205. Amendments, Special Use, and Other Approvals.
A. Amendments.
1. Authority. This UDO and the Zoning Map may be amended from time to time by ordinance duly enacted by the City Council in accordance with the procedures set out in this Section 17.205.
2. Purpose. The amendment process established by this Section 17.205 is intended to provide a means for making changes to the text of this UDO and on the Zoning Map that have more or less general significance or application. It is not intended to relieve particular hardships or to confer special privileges or rights. Rather, it is intended as a tool to adjust the provisions of this UDO and Zoning Map in light of changing, newly discovered or newly important conditions, situations, or knowledge.
3. Parties Entitled to Seek Amendments. An application for an amendment may be filed by the City Council, the Community Development Commission, the owner of, or any person having a contractual interest in, any property to be affected by a proposed amendment to the Zoning Map, or any person interested in a proposed amendment to the text of this UDO.
4. Procedure.
b. Referral. Every properly filed and completed formal application for an amendment to this UDO or the Zoning Map will be referred by the Development Administrator to the Community Development Commission.
c. Public Hearing. In any case where a formal application for an amendment to this UDO or the Zoning Map is referred by the Development Administrator, a public hearing will be set, noticed, and conducted by the Community Development Commission in accordance with Section 17.202.E. of this Article.
d. Action by Community Development Commission.
(1) Within 21 days following the conclusion of the public hearing, the Community Development Commission will transmit to the City Council its recommendation in the form specified by Section 17.201.C.3. of this Article.
(2) The failure of the Community Development Commission to act within 21 days following the conclusion of such hearing, or such further time to which the applicant may agree, will be deemed a recommendation for the approval of the proposed amendment as submitted.
5. Action by City Council; Protest.
a. Within sixty (60) days following the receipt of the recommendation of the Community Development Commission, or its failure to act as above provided, the City Council will either deny the application or, by ordinance duly adopted, adopt the proposed amendment, with or without modifications; provided, however, that in the event a duly signed and acknowledged protest against a proposed amendment is filed with the City Clerk before the adoption of such amendment by the owners of twenty percent (20%) or more of the frontage to be affected by the proposed amendment, or by the owners of twenty percent (20%) or more of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) or more of the frontage directly opposite the frontage to be affected, such amendment will not be passed except by a two-thirds vote of the City Council.
b. The failure of the City Council to act within sixty (60) days or such further time to which the applicant may agree, will be deemed to be a decision denying the application.
6. Standard for Amendments. The wisdom of amending the Zoning Map or the text of this UDO is a matter committed to the legislative discretion of the City Council and is not dictated by any set standard. However, in determining whether a proposed amendment should be granted or denied, the City Council will be guided by the principle that its power to amend this UDO is not an arbitrary one but one that may be exercised only when the public good demands or requires the amendment to be made. In considering whether that principle is satisfied in any particular case, the City Council will weigh the factors that Section 17.202.C.7.i. requires the applicant to address.
B. Special Use Permits.
1. Authority. The City Council may, in accordance with the procedures and standards set out in this Section and by ordinance duly adopted, grant special use permits authorizing the development of uses listed as special permit uses in the regulations applicable to the district in which the subject property is located.
2. Purpose. Special permit uses are those uses having some special impact or uniqueness that require a careful review of their location, design, configuration and special impact to determine, against fixed standards, the desirability of permitting their establishment on any given site. They are uses that may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect.
3. Parties Entitled to Seek Special Use Permits. An application for a special permit may be filed by the owner of, or any person having a contractual interest in, the subject property.
4. Procedure.
a. Optional Pre-application Meeting. Potential special use permit applicants may, but not required, to request a pre-application meeting with the Community Development Commission and, in certain other circumstances, with City Council. The purpose of a pre-application meeting is to enable the potential applicant to present a development concept before investing significant time and resources for an application submittal under this UDO and obtain feedback from the Community development Commission, and City Council, on any possible issues or areas of concern. The pre-application meeting is optional and non-binding and does not commit the applicant, the Development Administrator, Community Development Commission, City Council, or any other department, commission, board, or other official of the City in any way whatsoever. The applicant may use the information from a pre-application meeting to prepare his or her application, but each application will be reviewed, and all recommendation and decisions will be conducted in accordance with the terms of this UDO.
b. Formal Application. A formal application for a special permit will be filed in accordance with the requirements of Section 17.202.C.7.h. and Section of this Article.
c. Referral. Every properly filed and completed formal application for a special permit will be referred by the Development Administrator to the Community Development Commission.
d. Public Hearing. In any case where a formal application for a special use permit is referred to the Community Development Commission, a public hearing will be set, noticed and conducted by the Community Development Commission in accordance with Section 17.202.E. of this Article.
e. Action by Community Development Commission.
(1) Within 21 days following conclusion of the public hearing, the Community Development Commission will transmit to the City Council its recommendation in a form specified by Section 17.201.C of this Article, recommending either granting the application for a special permit; granting the application subject to conditions, as specified in Subsection (vi) below; or denying the application.
(2) The failure of the Community Development Commission to act within 21 days, or such further time to which the applicant may agree, will be deemed a recommendation for the approval of the proposed special permit.
f. Action by City Council. Within sixty (60) days following the receipt of the recommendation of the Community Development Commission, or its failure to act as above provided, the City Council will either deny the application or, by ordinance duly adopted, will grant the special permit, with or without modifications or conditions.
g. Approval by City Council After Recommendation to Deny. In the event the Community Development Commission recommends denial of a special use permit, the City Council may approve the special use permit, by ordinance duly adopted, upon the favorable two-thirds (2/3) vote of all members of City Council.
5. Standards for Special Use Permits.
a. General Standards. No special permit will be recommended or granted pursuant to this Section unless the applicant will establish that:
(1) Code and Plan Purposes. The proposed use and development will be in harmony with the general and specific purposes for which this UDO was enacted and for which the regulations of the district in question were established and with the general purpose and intent of The City of Wood Dale Comprehensive Land Use Plan.
(2) No Undue Adverse Impact. The proposed use, drainage and development will not have a substantial or undue adverse effect upon adjacent property, the character of the area or the public health, safety and general welfare.
(3) No Interference With Surrounding Development. The proposed use and development will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the use and development of neighboring property in accordance with the applicable district regulations.
(4) Adequate Public Facilities. The proposed use and development will be served adequately by essential public facilities and services such as streets, public utilities, drainage structures, police and fire protection, refuse disposal, parks, libraries, and schools, or the applicant will provide adequately for such services.
(5) No Traffic Congestion. The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets.
(6) No Destruction of Significant Features. The proposed use and development will not result in the destruction, loss or damage of natural, scenic or historic feature of significant importance.
(7) Compliance With Standards. The proposed use and development complies with all additional standards imposed on it by the particular provision of this UDO authorizing such use.
(8) Public Benefit. Whether, and to what extent, the proposed use and development at the particular location requested is necessary or desirable to provide a service or a facility that is in the interest of the public convenience or that will contribute to the general welfare of the neighborhood or community.
(9) Mitigation of Adverse Impacts. Whether, and to what extent, all steps possible have been taken to minimize any adverse effects of the proposed use and development on the immediate vicinity through building design, site design, landscaping and screening
b. Special Standards for Specified Special Permit Uses. Where the district regulations authorizing any special permit use in a particular district impose special standards to be met by such use in such district, a permit for such use in such district will not be recommended or granted unless the applicant will establish compliance with such special standards.
6. Conditions; Periodic Review; Term.
a. Conditions on Special Use Permits. In order to prevent or minimize substantial or undue adverse effects upon neighboring and adjacent properties and improvements, substantial or undue or upon public facilities and services, the Community Development Commission may recommend, and the City Council may impose, and expressly include in the ordinance granting a special permit, conditions and limitations upon the premises benefited by a special permit. Such conditions, restrictions, and limitations may include, without limitation, the following:
(1) Limitations and restrictions of the use of the subject property;
(2) Restrictions on construction activity that will occur on and around the subject property;
(3) Conditions concerning the character and design of the proposed use and development;
(4) The location of the use within the subject property;
(5) The provision of landscaping and screening, with specific regarding to design, quantity, quality, size and location;
(6) Restrictions on the hours of operation of the use;
(7) A requirement that the subject property be developed and used in strict accordance with a site plan that is attached to the ordinance granting the special permit; and
(8) Any other matters relating to the purposes and objectives of this UDO.
b. Violation of Conditions. Violation of any of the conditions imposed pursuant to Section 17.205.B.6. of this Section will be a violation of this UDO and will constitute grounds for revocation of the special permit.
c. Periodic Review. The Community Development Commission may recommend, and the City Council may impose, a requirement that the special permit be publicly reviewed periodically pursuant to and in accordance with such procedures as are set forth in the ordinance granting the special permit. In every instance, such procedures will provide the applicant with advance notice of, and an opportunity to be heard at, such periodic review.
d. Term of Special Permit. Because of the unique operational nature, and potential unknown adverse impacts, of certain special permit uses, the Community Development Commission may recommend, and the City Council may impose, a term limitation on the duration of certain special uses. Such term limitation will (a) be set forth in the ordinance granting the special use permit and (b) will be subject to renewal in accordance with Section 17.205.B.11. of this Article.
7. Affidavit of Compliance With Conditions. Whenever any special permit granted pursuant to this Section is made subject to conditions or limitations to be met by the applicant, the applicant will, upon meeting such conditions, file an affidavit with the Development Administrator so stating. Such affidavit will be accompanied by a nonrefundable fee, to be fixed in each case by the Development Administrator, to recover the City’s actual direct cost of an inspection to verify that such conditions and limitations have been met.
8. Effect of Issuance of a Special Permit. The granting of a special permit will not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but will merely authorize the preparation, filing and processing of applications for any permits or approvals that may be required by the codes and ordinances of the City, including but not limited to, a Certificate of Zoning Compliance, a Building Permit, a Certificate of Occupancy and subdivision approval.
9. Limitations on Special Use Permits. Subject to an extension of time granted by the Development Administrator pursuant to Section 17.201.A.12. of this Article, no special permit will be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is there-after diligently pursued to completion or unless a Certificate of Occupancy is issued and a use commended within that period. A special permit will be deemed to authorize only the particular use for which it was issued, and such permit will automatically expire and cease to be of any force or effect if such use will, for any reason, be discontinued for a period of six (6) consecutive months or more. Except when otherwise provided in the Ordinance granting a special permit, a special permit will be deemed to relate to the lot itself.
10. Amendments to Special Use Permits. A special permit may be amended, varied or altered only pursuant to the procedures and subject to the standards and limitations provided in this Section 17.205.B. for its original approval.
11. Renewal of Special Use Permits. The City Council may, in accordance with the procedures and standards set out in this Subsection 17.205.B.11., consider requests for renewal of special use permits that have been term limited pursuant to Section 17.205.B.6.d. An application for the renewal of a special permit must be filed by the party to whom a special permit was granted, or a permitted successor thereto or assignee thereof, and must be filed prior to the date on which the term of the special permit is scheduled to expire. The City Council may consider such request at a public hearing following notice pursuant to Section 17.202.E. of this Article. The City Council may, but will have no obligation to, seek the recommendation of the Community Development Commission prior to such consideration. In the event that the party requesting a renewal demonstrates, to the satisfaction of the City Council, that the standards and circumstances under which the special permit was originally approved have not materially changed, then the City Council will, by ordinance duly adopted, renew the special permit for the same period of time for which the special permit was first valid. In the event that the City Council determines that the standards and circumstances under which the special permit was originally approved have materially changed, the City Council will have no obligation to renew the special permit, or may do so with additional conditions.
C. Planned Unit Developments.
1. Authority. The City Council may, in accordance with the procedures and standards set out in this Section, and by ordinance duly adopted, grant special use permits authorizing the development of planned unit developments, but only in the districts where such developments are listed as an authorized special permit use.
2. Purpose.
a. Planned unit developments are included in this UDO as a distinct category of special use. As such, they are authorized for the same general purposes as all other special uses.
b. In particular, however, the planned unit development technique is intended to allow the relaxation of otherwise applicable substantive requirements based upon procedural protections providing for detailed review of individual proposals for significant developments. This special regulatory technique is included in this UDO in recognition of the fact that traditional regulations, which may be useful in protecting the character of substantially developed and stable areas, may impose inappropriate preregulations and rigidities upon the development or redevelopment of parcels or areas that lend themselves to an individual, planned approach.
c. Through the flexibility of the planned unit development technique, the City seeks to achieve the following specific objectives:
(1) Creation of a more desirable environment than would be possible through strict application of other City land use regulations.
(2) Promotion of a creative approach to the use of land and related physical facilities resulting in better design and development, including aesthetic amenities.
(3) Preservation and enhancement of desirable site characteristics such as natural topography, vegetation and geologic features, and the prevention of soil erosion.
(4) Combination and coordination of architectural styles, building forms, and building relationships.
(5) Provision for the preservation and beneficial use of open space.
(6) An increase in the amount of open space over that which would result from the application of conventional subdivision and zoning regulations.
(7) Encouragement of land uses that promote the public health, safety and general welfare.
3. Parties Entitled to Seek Planned Unit Development Approval. An application for special use to permit a planned unit development may be filed by the owner of, or any person having a contractual interest in, the subject property.
4. Procedure.
a. Optional Pre-application Meeting. Potential planned unit development applicants may, but not required, to request a pre-application meeting with the Community Development Commission and, in certain other circumstances, with City Council. The purpose of a pre-application meeting is to enable the potential applicant to present a planned unit development concept before investing significant time and resources for an application submittal under this UDO and obtain feedback from the Community Development Commission, and City Council, on any possible issues or areas of concern. The pre-application meeting is optional and non-binding and does not commit the applicant, the Development Administrator, Community Development Commission, City Council, or any other department, commission, board, or other official of the City in any way whatsoever. The applicant may use the information from a pre-application meeting to prepare his or her planned unit development application, but each planned unit development application will be reviewed, and all recommendation and decisions will be conducted in accordance with the terms of this UDO.
b. Development Concept Plan.
(1) Purpose. The Development Concept Plan is intended to provide the applicant an opportunity to submit a plan showing the basic scope, character and nature of the entire proposed planned unit development without incurring undue cost. The Development Concept Plan is the basis on which the required public hearing is held, thus permitting public consideration of the proposal at the earliest possible stage. In order to permit the City and the applicant to proceed with some assurance, approval of the Development Concept Plan binds the applicant and the City with respect to the following basic elements of development:
(A) Categories of uses to be permitted;
(B) General location of residential and nonresidential land uses;
(C) Overall maximum density of residential uses and intensity of nonresidential uses;
(D) General architectural style of the proposed development;
(E) General location and extent of public and private open space, including recreational amenities;
(F) General location of vehicular and pedestrian circulation systems;
(G) Staging of development; and
(H) Nature, scope and extent of public dedications, improvements or contributions to be provided by the applicant.
(3) Referral. Every properly filed and completed application for approval of a Development Concept Plan will be referred by the Development Administrator to the Community Development Commission.
(4) Public Hearing. In any case where an application for approval of a Development Concept Plan is referred by the Development Administrator pursuant to Section 17.205.C.4.b.(3) of this Section, a public hearing will be set, noticed and conducted by the Community Development Commission in accordance with Section 17.202.E. of this Article.
(5) Action by Community Development Commission.
(A) Within 21 days following the conclusion of the public hearing, the Community Development Commission will transmit to the Corporate Authorities its recommendation, in the form specified by Section 17.201.C.3. of this Article that the Development Concept Plan either be approved, be approved subject to modifications, or not be approved.
(B) The failure of the Community Development Commission to act within 21 days, or such further time to which the applicant may agree, will be deemed a recommendation for the approval of the Development Concept Plan as submitted.
(6) Action by City Council.
(A) Within sixty (60) days following the receipt of the recommendation of the Community Development Commission, or its failure to act as above provided, the City Council deny the application for the Development Concept Plan; will remand it back to the Community Development Commission for further consideration of specified matter; or will, by ordinance duly adopted, approve the Development Concept Plan, with or without modifications and conditions to be accepted by the applicant as a condition of such approval, and refer the matter to the Community Development Commission for processing of the Final Plan in accordance with Section 17.205.C.4.c. of this Section.
(B) The failure of the City Council to act within sixty (60) days, or such further time to which the applicant may agree, will be deemed to be a decision denying approval of the Development Concept Plan.
(C) In the event the Community Development Commission recommends denial of a development concept plan, the City Council may only approve the development concept plan upon the favorable two-thirds (2/3) vote of all members of City Council.
(7) Coordination With Subdivision Application. When a subdivision of land is proposed in connection with a planned unit development, review of the tentative plan of the proposed subdivision will be carried out simultaneously with review of the Development Concept Plan.
(8) Optional Submission of Final Plan. The applicant may, at his option, submit a Final Plan for the proposed planned unit development pursuant to the requirements of Section 17.205.C.4.c. below simultaneously with the submission of the Development Concept Plan pursuant to the requirements of this Section 17.205.C.4.b. In such case, the applicant will comply with all provisions of this UDO applicable to submission of the Development Concept Plan and to submission of the Final Plan. The Community Development Commission and the City Council will consider such plans simultaneously and will grant or deny Final Plan Approval in accordance with the provisions of Section 17.202.C.4.c. below.
(9) Concept Plan Approval. The Concept Plan approval will be valid and binding for one year from the date of City Council approval, unless otherwise specified by City Council.
c. Final Plan.
(1) Purpose. The Final Plan is intended to particularize, refine and implement the Development Concept Plan and to serve as a complete, thorough and permanent public record of the planned unit development and the manner in which it is to be developed.
(2) Application. Upon approval of the Development Concept Plan, the applicant will file an application for Final Plan approval in accordance with the requirements of Section 17.202.C.7.k. of this Article. The application will refine, implement and be in substantial conformity with the approved Development Concept Plan.
(3) Public Meeting. A public meeting will be set, noticed and conducted by the Community Development Commission in accordance with Section 17.202.E.1. of this Article.
(4) Coordination With Subdivision Application. When a subdivision of land is proposed in connection with a planned unit development, review of the final plat of the proposed subdivision will be carried out simultaneously with review of the Final Plan.
(5) Phasing of Final Plan Approval. An application for Final Plan approval may include the entire area included in the approved Development Concept Plan or one or more phases, stages or units thereof; provided, however, that the following matters must be addressed and provided in the first phase, stage or unit submitted for Final Plan approval:
(A) All public improvements required or proposed for the entire area included in the approved Development Concept Plan.
(B) All open space required or proposed for the entire area included in the approved Development Concept Plan.
(C) All land dedications required or proposed for the entire area included in the approved Development Concept Plan.
(D) The payment of all fees required by this UDO.
(6) Action by Community Development Commission.
(A) Evaluation. Within sixty (60) days following the filing of an application for approval of a Final Plan, the Community Development Commission will with such aid and advice of such City staff and consultants as may be appropriate, review and act on the plan. Such review will consider:
i. Whether the Final Plan is in substantial conformity with the approved Development Concept Plan;
ii. The merit or lack of merit of any departure of the Final Plan from substantial conformity with the approved Development Concept Plan;
iii. Whether the Final Plan complies with any and all conditions imposed by the approval of the Development Concept Plan; and
iv. Whether the Final Plan complies with the provisions of this UDO and all other applicable federal, state and City codes, ordinances and regulations.
(B) Approval Based on Substantial Conformity. If the Community Development Commission finds substantial conformity between the Final Plan and the approved Development Concept Plan and further finds the Final Plan to be in all other respects complete and in compliance with any and all conditions imposed by approval of the Development Concept Plan and with the provisions of this UDO and all other applicable federal, state and City codes, ordinances and regulations, it will transmit the plan to the City Council with its recommendation, in the form specified in Section 17.201.C.3. of this Article, that the Board approve the Final Plan, with or without modifications and conditions to be accepted by the applicant as a condition of approval.
(C) Recommendation of Denial. In any case where the Community Development Commission finds that the Final Plan is not in substantial conformity with the approved Development Concept Plan and does not merit approval, or in any case where it requires modifications of a plan that are not accepted by the applicant, the Community Development Commission will transmit the plan to the City Council together with its recommendation and specific reasons in support of its recommendation, in the form specified in Section 17.201.C.3. of this Article, that the Final Plan not be approved.
(D) Failure to Act. The failure of the Community Development Commission to act within the 60 day period specified in Section 17.205.C.4.c.(6)(A), or such further time to which the applicant may agree, will be deemed to be a recommendation to the City Council to approve the Final Plan as submitted.
(7) Action by City Council. Within sixty (60) days following the receipt of the recommendation of the Community Development Commission, or its failure to act as above provided, the City Council will take action in accordance with the following Paragraphs:
(A) Approval Based on Substantial Conformity. If the Community Development Commission has recommended approval of a Final Plan, the City Council will, unless it specifically rejects one or more of the findings of the Community Development Commission on the basis of expressly stated reasons, approve the Final Plan by a duly adopted ordinance.
(B) Approval Notwithstanding Community Development Commission Recommendation of Denial. If the Community Development Commission has recommended denial of a Final Plan pursuant to Section 17.205.C.4.c.(6)(C), the City Council may, if it finds that the Final Plan merits approval and otherwise conforms to the requirements of this UDO, approve the Final Plan upon the favorable two-thirds (2/3) vote of all members of the City Council, by ordinance duly adopted.
(C) Referral Back to Community Development Commission. In any case other than that specified in Section 17.205.C.4.c.(6)(C) above, the City Council may refer the Final Plan back to the Community Development Commission for further consideration of specified matters.
(D) Conditions on Final Plan Approval. The approval of any Final Plan may, in addition, be granted, with or without modifications and conditions to be accepted by the applicant as a condition of approval.
(E) Failure to Act. The failure of the City Council to act within sixty (60) days, or such further time to which the applicant may agree, will be deemed to be a decision denying Final Plan approval.
(8) Recording of Final Plan. When a Final Plan is approved, the Development Administrator will cause the Final Plan, or the portions thereof as are appropriate, to be recorded with the Recorder of Deeds of DuPage County.
(9) Limitation on Final Plan Approval. Construction will commence in accordance with the approved Final Plan within one year after the approval of such Plan, or within such shorter time as may be established by the approved development schedule. Failure to commence construction within this period will, unless an extension of time is granted by the Development Administrator pursuant to Section 17.201.A.12. of this Article, automatically void the Final Plan approval and all approvals of the planned unit development and all permits based on the approvals, and the Development Administrator will, without further direction, initiate an appropriate application to revoke the special permit for all portions of the planned unit development that have not yet been completed.
(10) Building and Other Permits.
(A) Appropriate officials of the City may, upon, but not before, receiving notice from the Development Administrator that the documents required for Final Plan approval have been approved, and upon proper application by the applicant, issue building and other permits to the applicant for the development, construction and other work in the area encompassed by the approved Final Plan; provided however, that no permit will be issued unless the appropriate official is first satisfied that the requirements of any codes or ordinances of the City, in addition to this UDO, that are applicable to the permit sought have been satisfied.
(B) Building permits may, however, be withheld at the discretion of the Development Administrator or the City Council at any time it is determined that the development of the planned unit development is not proceeding in strict compliance with the approved Final Plan.
5. Standards for Planned Unit Developments.
a. Special Permit Standards. No special permit for a planned unit development will be recommended or granted pursuant to this Section unless the applicant will establish that the proposed development will meet each of the standards made applicable to special permit uses pursuant to Section 17.205.B.5. of this Article.
b. Additional Standards for All Planned Unit Developments. No special permit for a planned unit development will be recommended or granted unless the applicant will establish that the proposed development will meet each of the following additional standards:
c. Unified Ownership Required. The entire property proposed for planned unit development treatment will be in single ownership or under such unified control as to ensure that the entire property will be developed as a unified whole. All owners of the property will be included as joint applicants on all applications and all approvals will bind all owners. The violation of any owner as to any tract will be deemed a violation as to all owners and all tracts.
d. Minimum Area. The district regulations of this UDO establishing standards for particular types of planned unit development specify the minimum area required for same planned unit development. In addition to meeting that specific standard, or where no specific standard is set, the applicant will have the burden of establishing that the subject property is of sufficient size and shape to be planned and developed as a unified whole capable of meeting the objectives for which planned unit developments may be established pursuant to this Section.
e. Covenants and Restrictions to be Enforceable by City. All covenants, deed restrictions, easements and similar restrictions to be recorded in connection with the planned unit development will provide that they may not be modified, removed or released without the express consent of the City Council and that they may be enforced by the City as well as by future landowners within the proposed development.
f. Public Open Space and Contributions. Whenever The City of Wood Dale Comprehensive Land Use Plan or Official Map indicates that development of a planned unit development will create a need for land for public purposes of the City within the proposed planned unit development, the City Council may require that such area be designated and to the extent such need is specifically and uniquely attributable to the proposed development, dedicated to the City for such use. In addition, the City Council may require evidence that all requirements of City ordinances pertaining to the dedication of land or the contribution of cash in connection with subdivisions or developments of land have been met as respects the proposed planned unit development.
g. Common Open Space.
(1) Amount, Location and Use. The failure of a planned unit development to provide common open space will be considered to be an indication that it has not satisfied the objectives for which such developments may be approved pursuant to this UDO. When common open space is provided in a planned unit development, the amount and location of such open space will be consistent with its intended function as set forth in the application and planned unit development plans. No such open space will be used for the construction of any structure or improvement except such structures and improvements as may be approved in the Final Plan as appropriate to the intended leisure and recreational uses for which such open space is intended.
(2) Preservation. Adequate safeguards, including recorded covenants or dedication of development rights, will be provided to prevent the subsequent use of common open space for any use, structure, improvement or development other than that shown on the approved Final Plan. The restrictions must be permanent and not for a given period of years and must run with the land.
(3) Ownership and Maintenance. The Final Plan will include such provisions for the ownership and maintenance of such open space and improvements as are reasonably necessary to ensure their continuity, care, conservation, maintenance and operation in accordance with predetermined standards and to ensure that remedial measures will be available to the City if such open space or improvements are permitted to deteriorate or are not maintained in a condition consistent with the best interests of the planned unit development or the City.
(4) Property Owners’ Association. When the requirements of the preceding Subparagraph are to be satisfied by the ownership or maintenance of such open space or improvements by a property owners’ association, such association will meet each of the following standards:
(A) The by-laws and rules of the association and all declarations, covenants and restrictions to be recorded must be approved as part of the Detailed Plan prior to becoming effective. Each such document will provide that it will not be amended in any manner that would result in it being in violation of the requirements of this Subparagraph.
(B) The association must be established and all covenants and restrictions recorded prior to the sale of any property within the area of the planned unit development designated to have the exclusive use of the proposed open space or improvements.
(C) The association must be responsible for casualty and liability insurance, taxes, and the maintenance of the open space and improvements to be deeded to it.
(D) Membership in the association must be mandatory for each property owner, and any successive owner, having a right to the use or enjoyment of such open space or improvements.
(E) Every property having a right to the use of enjoyment of such open space or improvements must pay its pro rata share of the cost of the association by means of an assessment to be levied by the association that meets the requirements for becoming a lien on the property in accordance with statutes of the State of Illinois.
(F) The association must have the right to adjust the assessment to meet changed needs. The membership vote required to authorize such adjustment will not be fixed at more than 51 percent of the members voting on the issue.
(G) The City must be given the right to enforce the covenants.
(H) The City must be given the right, after ten days’ written notice to the association, to perform any maintenance or repair work that the association has neglected to perform, to assess the membership for such work and to have a lien against the property of any member failing to pay such assessment. For this purpose alone, the City will have all the rights and powers of the association and its governing body under the agreements and declarations creating the association.
h. Landscaping and Perimeter Treatment. Any area of a planned unit development not used for structures or circulation elements will be landscaped or otherwise improved. The perimeter of the planned unit development will be treated so as to ensure compatibility with surrounding uses by means such as provision of compatible uses and structures; setbacks; screening; or natural or manmade buffers. Every planned unit development will provide a perimeter landscaped open space along each of its boundaries; each such open space will have a minimum depth equal to the minimum applicable yard required in the district in which it is located.
i. Private Streets. Private streets will be permitted in a planned unit development provided that:
(1) Said streets will be treated as public streets and rights of way for purposes of all setbacks, yards and calculations under this UDO.
(2) Said streets will be owned and maintained by a property owners’ association meeting the requirements set forth in Section 17.205.C.5.g.(4) above;
(3) A covenant will be recorded against the subject property acknowledging that the City will at no time be under any obligation to provide maintenance for or accept dedication of said streets; and
(4) Said streets shall be constructed in compliance with all city codes, rules, and policies governing the construction of public streets and rights of way.
j. Utilities. All utility lines will be installed underground.
k. Additional Standards for Specific Planned Unit Developments. Where the district regulations authorizing any planned unit development use in a particular district impose standards to be met by such planned unit development in such district, a special permit for such development will not be recommended or granted unless the applicant will establish compliance with such special standards.
l. Waiver of Additional Standards. The Community Development Commission may waive any additional standards where the applicant demonstrates to the satisfaction of the Community Development Commission that the information required is not relevant to or necessary for the determination of the application submitted.
6. Conditions on Planned Unit Development Approvals. The approval of either a Development Concept Plan or a Final Plan may be conditioned on such matters as the approving body may find necessary to prevent or minimize any possible adverse effects of the proposed planned unit development; or to ensure its compatibility with surrounding uses and development and its consistency with the general purposes, goals and objectives of this UDO, does not exist and The City of Wood Dale Comprehensive Land Use Plan. Such conditions will be expressly set forth in the ordinance or resolution granting the approval in question. Violation of any such condition or limitation will be a violation of this UDO and will constitute grounds for revocation of all approvals granted for the planned unit development.
7. Affidavit of Compliance With Conditions; Fee. Whenever any planned unit development approval granted pursuant to this Section is made subject to conditions or limitations to be met by the applicant, the applicant will, upon meeting such conditions, file an affidavit with the Development Administrator so stating. Such affidavit will be accompanied by a nonrefundable fee, to be fixed in each case by the Development Administrator, to recover the City’s actual direct cost of an inspection to verify that such conditions and limitations have been met.
8. Regulation During and Following Completion of Development. Following Final Plan approval, in the event of an express conflict between the provisions of the Final Plan and this UDO, the Final Plan will control. This UDO will control in all other instances.
9. Inspections During Development.
a. Inspections by Development Administrator. Following approval of the Final Plan of a planned unit development, or any stage thereof, the Development Administrator will, at least annually until the completion of development, review all permits issued and construction undertaken and compare actual development with the approved plans for development and with the approved development schedule.
b. Action by Development Administrator. If the Development Administrator finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the Final Plan, the Development Administrator will immediately notify the City Council of such fact and may, if necessary to protect the public health, safety or welfare or to prevent further violation of this UDO and the Final Plan, issue an order stopping any and all work on the planned unit development until such time as any noncompliance is cured.
c. Action by City Council. Within sixty (60) days following notification by the Development Administrator, the City Council will either:
(1) Take such steps as it deems necessary to compel compliance with the Final Plan; or
(2) Require the owner or applicant to seek an adjustment to the Final Plan as provided in Subsection (11) of this Section.
10. Adjustments to Final Plan During Development.
a. Minor Adjustments. During the development of a planned unit development, the Development Administrator may authorize minor adjustments to the Final Plan when such adjustments appear necessary in light of the technical or engineering considerations first discovered during actual development. Such minor adjustments will be limited to the following:
(1) Altering the location of any one structure or group of structures by not more than 5 feet or one-fourth of the distance shown on the approved Final Plan between such structure or structures and any other structure or any vehicular circulation element or any boundary of the planned unit development, whichever is less;
(2) Altering the location of any circulation element by not more than five (5) feet or one-fourth of the distance shown on the approved Final Plan between such circulation element and any structure, whichever is less;
(3) Altering the location of any open space by not more than twenty (20) feet;
(4) Altering any final grade by not more than ten percent (10%) of the originally planned grade; and
(5) Altering the location or type of landscaping elements.
(6) Such minor adjustments will be consistent with the intent and purpose of this UDO and the Final Plan as approved, will be the minimum necessary to overcome the particular difficulty and will not be approved if they would result in a violation of any standard or requirement of this UDO.
b. Major Adjustments. Any adjustment to the Final Plan not authorized by Section 17.205.C.10.a. above will be considered to a major adjustment and will be granted only upon application to and approval by, the City Council. The City Council may, by ordinance duly adopted, grant approval for a major adjustment without a hearing upon finding that any changes in the Final Plan as approved will be in substantial conformity with said Final Plan. If the City Council determines that a major adjustment is not in substantial conformity with the Final Plan as approved, then the Board may refer the request to the Community Development Commission for further hearing, review and recommendation.
11. Amendments to Final Plan Following Completion of Development. After completion of a planned unit development, an approved Final Plan may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this Section 17.205.C. for approval of the planned unit development. (Ord. O-22-017, 5-19-2022; amd. Ord. O-24-032, 10-3-2024)
Sec. 17.206. Site Plan Review.
A. Authority. Except in the cases of uses and developments requiring a special use permit pursuant to the provisions in this UDO, the Development Administrator may, as a matter of original jurisdiction and in accordance with the procedures and standards set out in this Section 17.206, grant site plan approval to uses and developments requiring such approval pursuant to Section 17.206.D.1. In case of uses and developments requiring a special use permit pursuant to Section 17.205.B. or Section 17.205.C. of this Article, and in cases of appeal from a denial of approval by the Development Administrator, the City Council may, by ordinance duly adopted, grant site plan approval in accordance with the procedures and standards set out in this Section.
B. Purpose. The site plan review process recognizes that even those uses and developments that have been determined to be generally suitable for location in a particular district are capable of adversely affecting the purposes for which this UDO was enacted unless careful consideration is given to critical design elements. It is the purpose of this Section to provide a vehicle for the review of the developer’s attention to such elements.
C. Site Plan Review Required.
1. Development Administrator Review. Site plan review by the Development Administrator in accordance with this Section will be required in connection with the following developments:
a. Any development or redevelopment in the TCC - Thorndale Corridor Corporate Overlay District.
b. Any development or redevelopment in the I-1 Industrial District.
c. Any development or redevelopment involving a parcel or contiguous parcels under single ownership or control having an area in excess of 20,000 square feet.
d. Any development or redevelopment involving the construction of any new structure or structures having a gross floor area in excess of 20,000 square feet, a floor area ratio in excess of 0.25 or a height of more than three stories.
e. Any development or redevelopment involving an existing structure having a floor area in excess of 20,000 square feet, a floor area ratio in excess of 0.25, or a height in excess of three stories that would alter any such measure by more than 25 percent of such amount.
f. Any development or redevelopment involving the creation or expansion of a parking lot or garage or a loading space.
g. Any nonresidential development on a lot abutting or across a right of way from any residential district.
h. Any development or redevelopment involving a personal wireless services antenna, with or without an antenna support structure, that is not a special permit use.
i. Any development or redevelopment for which this UDO requires a special permit, including planned unit development approval.
2. City Council Review. Site plan review by the City Council may be sought in any case of a denial of site plan approval by the Development Administrator.
3. Parties Entitled to Seek Site Plan Approval. Application for site plan review may be filed by the owner of, or any person having a contractual interest in, the subject property.
D. Procedure.
1. Development Administrator Approvals.
a. Application. Applications for site plan approval by the Development Administrator will be filed in accordance with the requirements of Section 17.202.C.7.l. of this Article.
b. Action by Development Administrator.
(1) Within 30 days following receipt by the Development Administrator of a properly completed application, the Development Administrator will cause such application and the attached site plan to be reviewed, in terms of the standards established by Section 17.206.C.1., by appropriate members of his or her staff.
(2) The Development Administrator will then either: (1) approve the site plan as submitted; (2) on the basis of written findings in accordance with Section 17.206.D.1.b.(3), approve it subject to specific modification; or (3) on the basis of such written findings, deny approval of the site plan.
(3) Immediately upon concluding the review, the Development Administrator will return one copy of the site plan to the applicant marked to show either approval, approval subject to modification, which modification will be clearly and permanently marked on such plans, or denial or approval. The Development Administrator will maintain a similarly marked set of such plans in his or her files for any further processing that may be required.
The failure of the Development Administrator to act within the thirty (30) days, or such further time to which the applicant may agree, will be deemed to be a decision approving the site plan as submitted.
c. Effect of Development Administrator’s Action.
(1) The action of the Development Administrator in approving a site plan or in approving a site plan subject to modifications that are acceptable to the applicant will constitute a final administrative action and will not be subject to further review by, or appeal to, any City Council or the Community Development Commission.
(2) The action of the Development Administrator in denying an application for site plan approval or in approving a site plan subject to modifications that are not acceptable to the applicant (which action the applicant may treat as a denial) will not be considered final action by the City but will only be authorization for the applicant to seek approval of the site plan from the City Council by way of the appeal procedure set forth below.
d. Appeals. Within 45 days following a denial of site plan approval by the Development Administrator, the applicant may seek approval of the site plan by filing an application for appeal to the City Council in accordance with the requirements of Section 17.202.C.7. of this Article. Any such appeal will be proceeded in accordance with the provisions of Section 17.206.D.2.
2. City Council Appellate Jurisdiction.
a. Application. Applications for site plan approval by the City Council under its appellate jurisdiction will be filed in accordance with the requirements of Section C.1. of this Article. In cases where review is sought by way of an appeal of a denial of site plan approval by the Development Administrator, the application for appeal will be filed within 45 days following such denial.
b. Action by Development Administrator in Appeal Cases. Upon receipt of a properly completed application for an appeal of a denial of site plan approval by the Development Administrator, the Development Administrator will forthwith transmit to the City Council the application for appeal, the original application for site plan approval, all papers constituting the record upon which the Development Administrator’s denial was based and a copy of the Development Administrator’s decision denying the application for site plan approval.
c. Public Meeting. A public meeting will be set, noticed and conducted by the City Council in accordance with Section 17.202.E. of this Article.
d. Action by City Council.
(1) Within 35 days following the conclusion of the public meeting, the City Council will, by ordinance duly adopted, either approve the site plan as submitted, make modifications acceptable to the applicant and approve such modified site plan or approve or disapprove it in the manner hereinafter specified.
(2) The failure of the City Council to act within sixty (60) days, or such further time to which the applicant may agree, will be deemed to be a decision denying site plan approval.
E. Standards For Site Plan Disapproval.
1. Standards. The Development Administrator and the City Council will not disapprove a site plan submitted pursuant to this Section except on the basis of specific written findings directed to one or more of the following standards:
a. The application is incomplete in specified particulars or contains or reveals violations of this UDO or other applicable regulations that the applicant has, after written request, failed or refused to supply or correct.
b. The application is submitted in connection with another application, the approval of which is a condition precedent to the necessity for site plan review, and the applicant has failed to secure approval of that application.
c. The site plan fails to adequately meet specified standards required by this UDO with respect to the proposed use or development, including special use standards where applicable.
d. The proposed site plan interferes with easements or rights-of-way.
e. The proposed site plan is unreasonably injurious or detrimental to the use and enjoyment of surrounding property.
f. The proposed site plan creates undue traffic congestion or hazards in the public streets, or the circulation elements of the proposed site plan unreasonably create hazards to safety on or off site or disjointed or inefficient pedestrian or vehicular circulation path on or off site.
g. The screening of the site does not provide adequate shielding from or for nearby uses.
h. The proposed site plan creates unreasonable drainage or erosion problems or fails to fully and satisfactory integrate the site into the overall existing and planned drainage system serving the City.
i. The proposed site plan places unwarranted or unreasonable burdens on specified utility systems serving the site or area or fails to fully and satisfactory integrate site utilities into the overall existing and planned utility systems serving the City.
j. The proposed site plan does not provide for required public uses designated on the Official Map.
k. The proposed site plan otherwise adversely affects the public health, safety or general welfare.
2. Alternative Approaches. In citing any of the foregoing standards, other than those of Section 17.206.E.1.a. and 17.206.E.1.b., as the basis for disapproving a site plan, the Development Administrator or the City Council may suggest alternative site plan approaches that could be developed to avoid the specified deficiency or may state the reasons why such deficiency cannot be avoided consistent with the applicant’s objectives.
F. Effect Of Site Plan Approval.
Approval of a site plan will not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but will merely authorize the preparation, filing and processing of applications for any permits or approvals that may be required by the codes and ordinances of the City, including, but not limited to, a Certificate of Zoning Compliance, a Building Permit, a Certificate of Occupancy and Subdivision Approval.
A copy of every approved site plan will be filed with the Development Administrator and the development of the site will be in substantial conformity with such approved and filed plan.
G. Limitations On Site Plan Approval. Subject to an extension of time granted by the Development Administrator pursuant to Section 17.201.A.12. of this Article, no site plan approval will be valid for a period longer than one year unless a building permit is issue 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.
H. Adjustments To Site Plan During Development.
1. Site Plans Approved by the Development Administrator. During the development of the site, the Development Administrator will have authority to authorize any adjustment to a site plan that the Development Administrator could have authorized in the course of his original review.
2. Site Plans Approved by the City Council.
a. Minor Adjustments. During the development of the site, the Development Administrator may authorize minor adjustments to a site plan approved by the City Council under its appellate jurisdiction when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development. Such minor adjustments will be limited to the following:
(1) Altering the location of any one structure or group of structures by not more than 5 feet or one-fourth of the distance shown on the approved site plan between such structure or structures and any other structure or any vehicular circulation element or any boundary of the site plan, whichever is less.
(2) Altering the location of any circulation element by not more than five (5) feet or one-fourth of the distance shown on the approved site plan between such circulation element and any structure, whichever is less.
(3) Altering the location of any open space by not more than twenty (20) feet.
(4) Altering any final grade by not more than ten percent (10%) of the originally planned grade.
(5) Altering the location or type of landscaping elements.
Such minor adjustments will be consistent with the intent and purpose of this UDO and the site plan as approved, will be the minimum necessary to overcome the particular difficulty and will not be approved if they would result in a violation of any standard or requirement of this UDO.
b. Major Adjustments. Any adjustment to a site plan approved by the City Council under its appellate jurisdiction that is not authorized by Section 17.206.H.2.a. above will be considered a major adjustment and will be granted only upon application to and approval by, the City Council. The City Council may, by ordinance duly adopted, grant approval for major adjustment without referral to the Community Development Commission upon finding that any changes in the site plan as approved will be in substantial conformity with said plan.
I. Amendments To Site Plan Following Completion Of Development. After a site is developed in accordance with an approved site plan, the approved site plan may be amended, varied, or altered in the same manner and subject to the same limitations as provided for the original approval of site plans. (Ord. O-22-017, 5-19-2022; amd. Ord. O-22-030, 11-17-2022; Ord. O-24-032, 10-3-2024)