§ 17-13-0100

General

17-13-0101 Applicability. The general provisions of this section and the specific approval procedures of this chapter apply to all applications under this Zoning Ordinance unless otherwise expressly stated.

17-13-0102 Submittal Requirements.

17-13-0102-A All applications required under this Zoning Ordinance must be submitted in a form and in such numbers as required by the official responsible for accepting the application. Application forms are available in the office of the official responsible for accepting the application.

17-13-0102-B Officials responsible for accepting applications must maintain a list specifying the materials and information to be submitted with each application filed. The list must be made available to all applicants and to any other person who requests a copy.

17-13-0102-C All applications must be accompanied by the materials and information required on the date the application is filed.

17-13-0103 Filing Fees.

17-13-0103-A Applications must be accompanied by the following fees:

Application Type Fee
Applications filed by Mayor, Council members, City Departments, Public Bodies/Agencies None
Plats
New Construction
Structures 10,000 square feet in area or less Electronic:  $75

In-person:  $1,500

Structures between 10,000-100,000 square feet in area Electronic: $250 plus $25 per 1,000 square feet

In-person: $5,000 plus $50 per 1,000 square feet

Structures exceeding 100,000 square feet in area Electronic: $2.500 plus $25 per 2,500 square feet

In-person: $7,500 plus $50 per 2,500 square feet

Repairs/Alterations to Existing Construction
Residential construction, 5units or less Electronic:  $50

In-person:  $1,500

Residential construction, exceeding 5 units Electronic:  $75

In-person:  $1,500

Nonresidential construction Electronic:  $75

In-person:  $1,500

Public Notice $25
Zoning Map Amendments (Rezonings) $1,000
Special Use $1,000
Planned Development $1,500
Air Rights Planned Development $1,000 + $200/net developable acre as measured at the established air rights plane
Variation $500
Administrative Adjustment $500
Advisory Opinion $150
Reinspection $100
Inspection of Motor Vehicle Repair Shop $75 annually
Sign Permit – on premises $200
Sign Permitoff premises $500
Appeal $500

17-13-0103-B Application fees are nonrefundable.

17-13-0103-C  Failure to Attend In-Person Review or Provide Documentation.   If an applicant who has requested in-person review fails to attend the in-person review at the designated appointment time for a third time, or fails to provide all the necessary documents to complete the application by the third in- person review, the application shall be considered incomplete and expired.  If the application expires or is withdrawn, the person may file a new application, accompanied by the appropriate fee, and all documentation required to complete the application.

17-13-0104 Application Completeness.

17-13-0104-A

1. An application will be considered complete and ready for processing only if it is submitted in the required number and form, includes all required information and is accompanied by the required filing fee.

2. No application for a zoning amendment, planned development, special use, variation or appeal shall be deemed to be complete if the applicant or owner of the property identified in the application or any person owning, directly or indirectly, more than 7.5 percent of the interest in such applicant or owner has any outstanding debt, as defined in Section

2-32-094" destination-id="JD_2-32-094">2-32-094, unless and until each applicable person owing such debt satisfies or otherwise resolves the debt within the meaning of Section 2-32-094" destination-id="JD_2-32-094">2-32-094.  Provided, however, that this requirement shall not apply to any federal, state or local government agency.  For purposes of this paragraph (2), “more than 7.5. percent” shall mean more than 7.5 percent of the combined voting power or fair market value of all stock, partnership interests or other ownership interests in the applicant or property owner or the right to receive at any time the distribution of more than 7.5 percent of the income or profits of the applicant or property owner.

3. The official responsible for accepting the application has authority to determine whether the application is complete.

17-13-0104-B If an application is deemed incomplete, written notice must be provided to the applicant and the applicant’s agent . The notice must include an explanation of the application’s deficiencies.

17-13-0104-C No further processing of incomplete applications will occur until the deficiencies are corrected. If the deficiencies are not corrected by the applicant within 90 days, the application will be considered withdrawn.

17-13-0105 Hearings. Hearings must be conducted and hearing records preserved in accordance with the rules of the review body or decision-making body responsible for conducting public hearings on the application.

17-13-0106 Burden of Proof. Unless otherwise expressly stated, the burden of demonstrating that an application complies with applicable review and approval criteria is on the applicant. The burden is not on the city or other parties to show that the criteria have not been met.

17-13-0107 Public Notices.

17-13-0107-A Written Notice. Whenever the provisions of this Zoning Ordinance require that “Written Notice” be provided, such notice must be given as specified in this section.

1. Timing.

a.

One written notice of administrative adjustment applications must be providedby the applicant at least 10 days before the Zoning Administrator takes action on the application. The Zoning Administrator may not take final action onan administrative adjustment application until at least 10 days after the date that notices were mailed to abutting property owners as well as the Alderman of theward in which the administrative adjustment is proposed.

b.

One written notice for all other applications requiring written notice must be provided by the applicant no more than 30 days before filing the application.

2. Radius. Unless otherwise expressly stated, the notification radius for applications requiring written notice is as follows:

a.

In the case of special use applications and zoning map amendments, including planned developments, written notice must be provided to property owners of the subject property and to all property owners within 250 feet of the property lines of the subject property.

b.

In the case of special use applications for sanitary landfills , hazardous waste treatment or storage facilities , liquid waste handling facilities , resource recovery facilities , reprocessable construction/ demolition material facilities , incinerators or transfer stations , the applicant must provide written notice to all property owners within 500 feet of the property lines of the subject property.

c.

In the case of administrative adjustment applications, the applicant must provide written notice to property owners of abutting lots on both sides of the subject property.

d.

In the case of variation applications, written notice must be provided to property owners of the subject property and to all property owners within 100 feet of the property lines of the subject property.

e.

Land occupied by public roads, streets , alleys and other public ways is to be excluded in computing the required notification radius.

3. All required written notices must be sent USPS first class mail unless otherwise expressly stated.

4. Ownership information must be obtained from the most recent authentic tax records of Cook County.

5. Written notices must contain:

a.

the common street address of the subject property;

b.

a description of the nature, scope and purpose of the application or proposal;

c.

the name and address of the applicant;

d.

the date that the applicant intends to file the application; and

e.

a source for additional information on the application or proposal.

6. If after a bona fide effort to provide written notice, the property owner of the property on which notice is served cannot be found at their last known address, or the mailed notice is returned because the property owner cannot be found at their last known address, the written notice requirements of this section will be deemed satisfied.

7. At the time of filing an application, the applicant must furnish a complete list containing the names and last known addresses of the persons provided with notice. The applicant must also furnish a written affidavit certifying compliance with all applicable written notice requirements.

a.

Lists and affidavits must be furnished to the Chairman of the City Council Committee on Zoning, Landmarks and Building Standards for matters requiring final approval by the City Council or to the Chairman of Zoning Board of Appeals for matters requiring final approval by the Zoning Board of Appeals.

b.

No hearing will be scheduled or conducted until the applicant complies with all applicable notice requirements.

8. Whenever the applicant for a matter requiring final approval by the City Council is the Mayor, a member of the City Council or the Zoning Administrator, the written notice requirements are as follows:

a.

Written notice must be given as set forth in paragraph

17-13-0107-A2, except that notice may be served by first-class mail and must be served at least 15 days before an advertised public hearing.

b.

Written notice of any public hearing required before the Plan Commission must be given by the Department of Planning and Development.

c.

Notice of any required public hearing before the City Council Committee on Zoning, Landmarks and Building Standards must be given by the City Council Committee on Zoning, Landmarks and Building Standards.

d.

When any property in the area requiring notice has been converted to condominiums pursuant to the “Illinois Condominium Act” and contains more than 25 condominium units, notice must be given only to the Condominium Association governing the property.

9. In the case of special use and variation applications, the Zoning Board of Appeals must send written notice to those persons required to be notified under paragraph 17-13-0107-A2, above.

a.

This notice must be sent first class mail no more than 30 days and not less than 15 days before the public hearing.

b.

When any property in the area requiring notice has been converted to condominiums pursuant to the “Illinois Condominium Act” and contains more than 25 condominium units, the Zoning Board of Appeals is only be required to serve notice on the Condominium Association governing the property.

10. In the case of special use applications for sanitary landfills , hazardous waste treatment or storage facilities, liquid solid waste handling facilities , resource recovery facilities , reprocessable construction/ demolition material facilities , incinerators or transfer stations , the Zoning Board of Appeals must, at least 15 days before the hearing, send written notice of the hearing to the Alderman of the ward in which the facility is proposed to be located and to the Solid Waste Advisory Commission.

17-13-0107-B Published Notice. When the provisions of this Zoning Ordinance require that “Published Notice” be provided, such notice must be given as follows:

1. The City Clerk is responsible for submitting published notices for all matters requiring final approval by the City Council.

2. The Secretary of the Zoning Board of Appeals is responsible for submitting published notices for all matters requiring final approval by the Zoning Board of Appeals.

3. Required notices must be published at least once in a newspaper of general circulation within the city.

4. The notice must appear in the newspaper no more than 30 days and no fewer than 15 days before the hearing.

5. Published notice must include a description of the nature of the application and the address and legal description of the subject property.

17-13-0107-C Posted Notice. When the provisions of this Zoning Ordinance require that “Posted Notice” be provided, the applicant must post a notice sign on the subject property in accordance with the following requirements:

1. The notice sign must be installed within 5 days of application filing and remain in place until the date of the hearing.

2. Posted notice must be in the form of an official sign provided by the Office of the Zoning Administrator.

3. The sign must be posted in such a way as to be plainly visible from each roadway or right- of-way abutting the property.

4. The notice must include:

a.

the common street address of the subject property,

b.

a description of the nature, scope and purpose of the application or proposal;

c.

the name and address of the applicant;

d.

the date that the application was filed; and

e.

a source for additional information on the application or proposal.

5. A non-refundable fee of $25.00 must be submitted with the application to ensure placement, maintenance, and removal of the sign by the applicant, except when the applicant is the Mayor or a member of the City Council.

6. The applicant must furnish a written affidavit certifying compliance with all applicable posted notice requirements, along with a photograph depicting the sign, as posted.

a.

Affidavits must be furnished to the Chairman of the City Council Committee on Zoning, Landmarks and Building Standards for matters requiring final approval by the City Council or to the Chairman of Zoning Board of Appeals for matters requiring final approval by the Zoning Board of Appeals.

b.

No hearing will be scheduled or conducted until the applicant complies with all applicable notice requirements.

7. Whenever the applicant is either the Mayor or a member of the City Council, the Office of the Zoning Administrator will be responsible for posting notice.

8. All signs must be removed within 3 days after the public hearing date.

17-13-0108 Continuation of Public Hearings.

17-13-0108-A If the review or decision- making body responsible for conducting a public hearing under this Zoning Ordinance fails to take final action on an application under consideration at the hearing, the body may postpone, defer or otherwise continue the hearing on the application for a later date without providing additional notice pursuant to Sections

17-13-0107-A, 17-13-0107-B and 17-13-0107-C if the continued hearing is rescheduled and final action is taken on the application within 12 months from the date of the originally scheduled hearing on the application.

17-13-0108-B If final action on an application under consideration at a public hearing under this Zoning Ordinance is postponed, deferred or otherwise continued for more than 12 months from the date of the originally scheduled public hearing on the application, new notice of the hearing on the application shall be given, pursuant to the notice requirements of Sections

17-13-0107-A, 17-13-0107-B and 17-13-0107-C

17-13-0108-C The review and decision- making body responsible for conducting any public hearing continued under this section shall set the date of the hearing at a time deemed appropriate by the body to comply with the requirements of this code.

17-13-0109 Summary of Procedures. The following table provides a summary of the review and approval procedures of this chapter. In the event of conflict between this summary table and the detailed procedures contained elsewhere in this chapter, the detailed procedures govern.

Procedure Review and Decision-Making Authority Notice
Commissioner of Planning and Development Zoning Administrator Plan Commission Zoning Board of Appeals City Council Committee on Zoning, Landmarks and Building Standards City Council (N)ewspaper

(M)ailed

(P)osted

Text Amendments R R - - <R> DM N,M,P
Zoning Map Amendments R R - - <R> DM N,M,P
Industrial Corridor Zoning Map Amendments R R <R> - <R> DM N,M,P
Planned Developments R R <R> - <R> DM N,M,P
Planned Manufacturing Districts R - <R> - <R> DM N,M,P
Site Plan Review DM R - - * * None
Special Uses R - - <DM> - - N,M,P
Administrative Adjustments - DM - - - - M
Variations - - - <DM> - - N,M,P
Appeals - - - <DM> - - M

Notes:

R = Review Body (Responsible for Review and Recommendation)

DM = Decision-Making Body (Responsible for Final Decision to Approve or Deny)

< > = Public Hearing Required

*= Disapproved site plans may be appealed to the City Council (See Sec.

17-13-0805)

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 3-9-05, p. 44391; Amend Coun. J. 5-11-05, p. 48500; Amend Coun. J. 7-27-05, p. 54242; Amend Coun. J. 11-13-07, p. 15810, § 2; Amend Coun. J. 11-13-07, p. 15814, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. VII, § 1; Amend Coun. J. 12-2-09, p. 78837, Art. 6, § 4; Amend Coun. J. 9-8-11, p. 7564, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 12; Amend Coun. J. 11-8-12, p. 38872, §§ 257 – 259; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 30; Amend Coun. J. 11-26-13, p. 67528, § 5)

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