CHAPTER 17-13
REVIEW AND APPROVAL PROCEDURES

17-13-0100   General.

17-13-0200   Zoning Ordinance text amendments.

17-13-0300   Zoning map amendments (rezonings).

17-13-0400   Zoning map amendments within industrial corridors.

17-13-0500   Establishment of Special Character Overlay District.

17-13-0600   Planned developments.

17-13-0700   Planned manufacturing districts.

17-13-0800   Site plan review.

17-13-0900   Special uses.

17-13-1000   Administrative adjustments.

17-13-1100   Variations.

17-13-1200   Appeals.

17-13-1300   Zoning certification.

17-13-1400   Additional procedures.

7-13-0100 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 Application 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 and Additions to Existing Construction
Any floor area	Electronic review: $75 In-person review: $1,500
Repairs / Alterations to Existing Construction
Residential construction, 5 units or less	Electronic review: $75 In-person review: $1,500
Residential construction, exceeding 5 units	Electronic review: $75 In-person review: $1,500
Nonresidential construction	Electronic review: $75 In-person review: $1,500
No plans required	$50
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
Lake Michigan and Lakefront Protection Ordinance Application Fee	$1,500
Variation	$500
Administrative Adjustment	$500
Advisory Opinion	$150
Reinspection	$100
Inspection of Motor Vehicle Repair Shop	$75 annually
Sign Permit – on premises	$200
Sign Permit – off 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.

      17-13-0103-D Additional In-Person Review Fee. Each additional in-person review shall require payment of an additional fee of $1,500.

      17-13-0103-E Review Fees. Additional zoning review fees, based on area of work, shall be due and paid to the City of Chicago in the same manner provided in Section 14A-4-412 as follows:

 

Application Type	Fee
Application without plans required	None
Area of work less than 10,000 square feet	None
Area of work between 10,000 and 100,000 square feet	Electronic review: $175 plus $25 per 1,000 square feet or fraction thereof In-person: $3,500 plus $50 per 1,000 square feet or fraction thereof
Area of work exceeding 100,000 square feet	Electronic review: $2,425 plus $25 per 2,500 square feet or fraction thereof In-person: $5,000 plus $50 per 1,000 square feet or fraction thereof

 

   For purposes of calculating the fee due under this subsection, “area of work” shall be determined in the same manner as in Chapter 14A-4 .

   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 , unless and until each applicable person owing such debt satisfies or otherwise resolves the debt within the meaning of Section 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 provided by the applicant at least 10 days before the Zoning Administrator takes action on the application. The Zoning Administrator may not take final action on an 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 the ward 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, as well as, in the case of special use applications, to the Alderman of the ward(s) in which the special use is proposed.

            (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; Amend Coun. J. 11-26-19, p. 11514, Art. III, § 1; Amend Coun. J. 3-24-21, p. 29065, § 9)

 

Notes

14A-4-412	The hyper-linked material is not part of the Chicago Land Use and Zoning infobase and therefore is not included herein. The material is included in other provisions of the Chicago Municipal Code. The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions. Please click here for the appropriate American Legal order form in printable Adobe® PDF format. For additional information, you may visit American Legal's website by clicking here.
14A-4	The hyper-linked material is not part of the Chicago Land Use and Zoning infobase and therefore is not included herein. The material is included in other provisions of the Chicago Municipal Code. The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions. Please click here for the appropriate American Legal order form in printable Adobe® PDF format. For additional information, you may visit American Legal's website by clicking here.
2-32-094	The hyper-linked material is not part of the Chicago Land Use and Zoning infobase and therefore is not included herein. The material is included in other provisions of the Chicago Municipal Code. The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions. Please click here for the appropriate American Legal order form in printable Adobe® PDF format. For additional information, you may visit American Legal's website by clicking here.

17-13-0200 Zoning Ordinance text amendments.

   17-13-0201 Applications.

      17-13-0201-A Authority to File. Text Amendments may be proposed by the Mayor, City Council, or the Zoning Administrator.

      17-13-0201-B Filing.

         1.   Applications for amendments to the text of this Zoning Ordinance must be filed with the Zoning Administrator.

         2.   Upon determining that an application is complete, the Zoning Administrator must forward applications to the City Clerk.

         3.   The City Clerk must file all text amendment applications with the City Council at its next regular meeting.

   17-13-0202 Recommendations – Zoning Administrator. The Zoning Administrator must review each proposed text amendment application and forward a recommendation on the proposal to the City Council Committee on Zoning, Landmarks and Building Standards before the Committee's public hearing. The recommendation of the Zoning Administrator must also be forwarded to the City Council when the report of the City Council Committee on Zoning is initially submitted to the City Council.

   17-13-0203 Hearing – City Council Committee on Zoning, Landmarks and Building Standards. The City Council Committee on Zoning, Landmarks and Building Standards must hold a hearing on all Zoning Ordinance text amendments. Published Notice of the City Council Committee on Zoning, Landmarks and Building Standards' public hearing must be provided in accordance with Sec. 17-13-0107-B.

   17-13-0204 Final Action – City Council. The City Council is the final decision-making body on Zoning Ordinance text amendments. The City Council may act by simple majority vote.

   17-13-0205 Exception. Any proposed text amendment involving the establishment of a casino in the City of Chicago which is referred to the City Council Special Committee on the Chicago Casino is excepted from the procedures outlined in Sections 17-13-0201, 17-13-0202, and 17-13-0203.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 3-9-05, p. 44391; Amend Coun. J. 11-19-08, p. 47220, Art. VII, § 1; Amend Coun. J. 11-8-12, p. 38872, §§ 260, 261; Amend Coun. J. 5-25-22, p. 48413, § 11)

17-13-0300 Zoning map amendments (rezonings).

   17-13-0301 Applicability. The Zoning Map Amendment procedures of this section apply to all proposed rezonings except planned developments. Planned developments are subject to the review and approval procedures of Sec. 17-13-0600.

   17-13-0302 Type 1 and Type 2 zoning map amendments.

      17-13-0302-A Type 1.

         1.   A Type 1 application is required for proposals:

            (a)   to rezone property to a zoning district that allows a floor area ratio that is 2 or more times higher than the subject property's existing zoning classification must submit a Type 1 application (for example, rezoning from RT4 to a B or C dash 3 classification would require a Type 1 application, since the FAR allowed under dash 3 [3.0] is more than double that of the RT4 district [1.2]);

            (b)   to rezone property from a zoning district that does not impose maximum height limits to a zoning district that does impose maximum height limits;

            (c)   to rezone property from a zoning district that does not allow household living uses to a zoning district that does allow household living uses (for example, rezoning from an M district to an R district); or

            (d)   to reduce the minimum lot area per unit standards or increase the maximum height limits as allowed in Sections 17-3-0402-B , 17-3-0408-B and 17-4-0404-C .

            (e)   to rezone property in order to establish a residential, day care, hospital, parks and recreation, school, eating and drinking establishment with an outdoor patio or outdoor assembly use that is proposed to be established in any R, B, C or POS zoning district and within 660' of any (i) windrow composting facility, (ii) intensive manufacturing, production and industrial service use, (iii) Class III, Class IVA, Class IVB and Class V recycling facility, (iv) warehousing, wholesaling, and freight movement use, (v) container storage, (vi) freight terminal, (vii) outdoor storage of raw material as a principal use, (viii) waste-related use, or (ix) manganese-bearing material operation use.

            (f)   to establish a cannabis business establishment in a within* the area bounded by Division Street, Lake Michigan, Roosevelt Road, and Halsted Street.

* Editor’s note – As set forth in Coun. J. 5-22-24, p. 12069, § 5; future legislation will correct if needed.

         2.   Any other applicant may elect to submit a Type 1 application.

      17-13-0302-B Type 2. Any Zoning Map Amendment application that is not a Type 1 application is a Type 2 application.

      17-13-0302-C Effect. The designation of a Zoning Map Amendment application as “Type 1" or “Type 2" determines the extent of information required to be submitted with the application, as described in Sec. 17-13-0303-C. Type 1 applications are also subject to Sec. 17-13-0310. All other rezoning procedures of this section (Sec. 17-13-0300) apply uniformly to Type 1 and Type 2 Zoning Map Amendment applications.

   17-13-0303 Applications.

      17-13-0303-A Authority to File. Zoning Map Amendments may be proposed by the Mayor, City Council, Zoning Administrator, the property owner of the subject property or the subject property owner's authorized agent.

      17-13-0303-B Filing. Zoning Map Amendment applications must be filed with the Zoning Administrator. Upon determining that an application is complete, the Zoning Administrator must transmit the application to the City Clerk. The City Clerk must file all such applications with the City Council at its next regular meeting.

      17-13-0303-C Contents of Type 1 Rezoning Application. In addition to the information required by the Zoning Administrator to be submitted with any other Zoning Map Amendment application, the following additional information must be submitted with all Type 1 applications:

         1.   A (narrative) zoning and development analysis describing the proposed development's:

            (a)   floor area ratio;

            (b)   density (lot area per dwelling unit);

            (c)   off-street parking;

            (d)   setbacks; and

            (e)   building height.

         2.   Drawings, photographs and/or plans illustrating:

            (a)   building orientation and setbacks;

            (b)   building bulk and scale in relation to nearby buildings;

            (c)   curb cuts;

            (d)   sidewalks;

            (e)   parking and loading areas;

            (f)   landscaping;

            (g)   useable on-site open space;

            (h)   garbage storage facilities; and

            (i)   such additional information as is necessary to demonstrate compliance with applicable standards of this Zoning Ordinance.

      17-13-0303-D Optional Administrative Adjustment and Variation. In addition to the information required to be submitted with all Zoning Map Amendment applications, pursuant to other applicable portions of Section 17-13-0300, Type I applications may include relief available pursuant to Sections 17-13-1000 or 17-13-1100; in such instances, City Council approval of a Type I application containing said elements shall preclude subsequent review otherwise required pursuant to Sections 17-13-1000 or 17-13-1100, provided that no Type I application permits issued may be in violation of Section 17-13-0310.

   17-13-0304 Disclosures. The following disclosures are required to be submitted with all Zoning Map Amendment applications.

      17-13-0304-A Whenever the subject property is in a land trust, the applicant must disclose the identity of each beneficiary of such trust, including the name, address, and percentage of interest of each beneficiary of each trust. Such disclosure must be a statement under oath and must be filed at the time of filing the application.

      17-13-0304-B Whenever the applicant is a partnership or association of two or more persons holding a joint or common interest, the names and addresses of each partner or associate must be listed and such disclosure must be a statement under oath and must be filed at the time of filing the application.

      17-13-0304-C Whenever the applicant is an agent or agents or nominee, the principals for whom such agent, agents, or nominee holding such interest must be disclosed. Such disclosure must be a statement under oath and must be filed at the time of filing the application.

      17-13-0304-D Whenever the applicant is a corporation, the names and addresses of all shareholders owning shares equal to or in excess of 3% of the proportionate interest, the names, addresses and percentage of each therein must be disclosed. Such disclosure must be a statement under oath and must be filed at the time of filing the application.

      17-13-0304-E Whenever the applicant is either the Mayor or a member of the City Council, the applicant must disclose if he is the property owner of the property or has any direct or indirect interest in the property subject to the proposed amendment. In addition, any member of the City Council, and the Mayor if the applicant is a member of the City Council, who is the property owner of the property or has any direct or indirect interest in the property subject to the proposed amendment must disclose the nature of the interest.

      17-13-0304-F In the event the amendment is adopted by the City Council, the Mayor or any member of the City Council who acquires any direct or indirect interest in the property which is the subject of the amendment within 3 years of its passage must file a sworn statement disclosing the nature of the interest acquired and the date of acquisition.

      17-13-0304-G Pursuant to Chapter 2-154 of the Municipal Code of Chicago, an Economic Disclosure Statement and Affidavit are required to be filed. If the applicant is not the owner of the property, a disclosure statement must be filed for both the applicant and the owner.

   17-13-0305 Recommendations – Zoning Administrator. The Zoning Administrator must review each proposed zoning map amendment application and forward a recommendation on the proposal to the City Council Committee on Zoning, Landmarks and Building Standards before the Committee's public hearing. The recommendation of the Zoning Administrator must also be forwarded to the City Council when the report of the City Council Committee on Zoning, Landmarks and Building Standards is initially submitted to the City Council.

   17-13-0306 Hearing – City Council Committee on Zoning, Landmarks and Building Standards. The City Council Committee on Zoning, Landmarks and Building Standards must hold a hearing on all zoning map amendments. Written, Published and Posted Notice of the City Council Committee on Zoning, Landmarks and Building Standards' public hearing must be provided in accordance with Sec. 17-13-0107-A, Sec. 17-13-0107-B and Sec. 17-13-0107-C.

   17-13-0307 Final Action – City Council. The City Council is the final decision-making body on zoning map amendments. The City Council may act by simple majority vote unless a valid written protest against the proposed amendment is filed with the City Clerk at least 3 days before the date that the City Council votes on the proposed amendment.

      17-13-0307-A A valid written protest is one that is signed and acknowledged by:

         1.   the property owners of 20% of the land proposed to be rezoned; or

         2.   the property owners of land immediately touching, or immediately across a street, alley, or public way from at least 20% of the perimeter of the land to be rezoned.

      17-13-0307-B In the case of a valid written protest, approval of a zoning map amendment requires a favorable vote of two-thirds of all Aldermen.

      17-13-0307-C A copy of the written protest must be served by the protester on the applicant and the applicant's agent by certified mail at the address shown on the application.

   17-13-0308 Review and Decision-Making Criteria. The act of amending the zoning map is a legislative action that must be made in the best interests of the public health, safety and general welfare, while also recognizing the rights of individual property owners. In reviewing and making decisions on proposed zoning map amendments, review bodies and decision- making bodies should consider at least the following factors:

      17-13-0308-A whether the proposed rezoning is consistent with any plans for the area that have been adopted by the Plan Commission or approved by the City Council;

      17-13-0308-B whether the proposed rezoning is appropriate because of significant changes in the character of the area due to public facility capacity, other rezonings, or growth and development trends;

      17-13-0308-C whether the proposed development is compatible with the character of the surrounding area in terms of uses, density and building scale;

      17-13-0308-D whether the proposed zoning classification is compatible with surrounding zoning; and

      17-13-0308-E whether public infrastructure facilities and city services will be adequate to serve the proposed development at the time of occupancy.

   17-13-0309 Inaction by City Council. If the City Council does not take action on a proposed zoning map amendment within 180 days of the day the application is filed by the City Clerk with the City Council, the application will be considered to have been denied, unless the application meets the definition of an inclusionary application.

      17-13-0309-A City Council Committee on Zoning, Landmarks and Building Standards Approval of Inclusionary Applications. Except for planned development amendment inclusionary applications addressed in Section 17-13-0608-A, if the City Council Committee on Zoning, Landmarks and Building Standards fails to vote within 300 days of the filing of a complete inclusionary application with said Committee, as determined jointly by the Zoning Administrator and the Commissioner of Housing, the applicant may submit a written notification to the Chairman of the Committee on Zoning, Landmarks and Building Standards requesting that the Committee act on the inclusionary application. If the Committee on Zoning, Landmarks and Building Standards fails to vote within 60 days of the receipt of such written notification and the requirements of Section 17-13-0309-B have been satisfied, the Committee shall report the application to the City Council for consideration at the next regular City Council meeting with a "do pass" recommendation.

      17-13-0309-B Community Meetings for Inclusionary Applications. Before any applicant may submit a written notification to the Chairman of the Committee on Zoning, Landmarks and Building Standards requesting that the Committee act on the inclusionary application pursuant to Section 17-13-0309-A, the applicant must hold at least one community meeting in the ward in which the project is proposed to be located for the purpose of explaining the proposal and soliciting comments on it. Notice for such community meeting must be issued, pursuant to this Section, no later than two weeks prior to such community meeting. The applicant must notify the Alderman of the ward in which the project is proposed to be located in writing of the time, place and purpose of the community meeting.

   17-13-0310 Effect of Approval of Type 1 Zoning Map Amendment. Once a Type 1 application is approved, no permits may be issued except those that the Zoning Administrator determines to be in strict compliance with the density shown on the development plan approved by the City Council and in substantial compliance with the setbacks, floor area ratio, parking and building height shown on the development plan that was approved by the City Council. Proposals to make substantial modifications to City Council-approved development plans must be processed in accordance with the Zoning Map Amendment procedures of this section (Sec. 17-13-0300).

   17-13-0311 Lapse of Approval of Type 1 Zoning Map Amendment. Except within a D district, a building permit must be obtained within 2 years of the effective date of an ordinance approving a Type 1 Zoning Map Amendment. If a building permit is not obtained within that period, the Zoning Administrator must initiate a Zoning Ordinance Map Amendment to rezone the subject property to the zoning classification that applied to the subject property before approval of the Type 1 Zoning Map Amendment, in accordance with the procedures of Sec. 17-13-0300.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 3-9-05, p. 44391; Amend Coun J. 5-14-07, p. 106483, § 3; Amend Coun. J. 11-19-08, p. 47220, Art. VII, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. VIII, § 1; Amend Coun. J. 11-8-12, p. 38872, §§ 262 – 264; Amend Coun. J. 9-11-13, p. 60173, § 8; Amend Coun. J. 3-18-15, p. 105476, § 9; Amend Coun. J. 3-24-21, p. 29065, § 10; Amend Coun. J. 7-20-22, p. 50878, § 7; Amend Coun. J. 12-13-23, p. 7823, § 1; Amend Coun. J. 5-22-24, p. 12069, § 5)

 

Notes

17-3-0402-B	The hyper-linked material is not part of the Chicago Land Use and Zoning infobase and therefore is not included herein. The material is included in other provisions of the Chicago Municipal Code. The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions. Please click here for the appropriate American Legal order form in printable Adobe® PDF format. For additional information, you may visit American Legal's website by clicking here.
17-4-0404-C	The hyper-linked material is not part of the Chicago Land Use and Zoning infobase and therefore is not included herein. The material is included in other provisions of the Chicago Municipal Code. The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions. Please click here for the appropriate American Legal order form in printable Adobe® PDF format. For additional information, you may visit American Legal's website by clicking here.
2-154	The hyper-linked material is not part of the Chicago Land Use and Zoning infobase and therefore is not included herein. The material is included in other provisions of the Chicago Municipal Code. The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions. Please click here for the appropriate American Legal order form in printable Adobe® PDF format. For additional information, you may visit American Legal's website by clicking here.

17-13-0400 Zoning map amendments within industrial corridors.

   17-13-0401 Procedure. Except as expressly modified by this section (Section 17-13-0400), requests to rezone land within an industrial corridor from an M district classification to another M, or a P.M.D., P.O.S. or T zoning district classification must be processed in accordance with the Zoning Map Amendment procedures of Section 17-13-0300.

   17-13-0402 Hearing – Plan Commission. In addition to the hearings required under Sec. 17-13-0300, the Plan Commission must hold a public hearing on requests to rezone land within an industrial corridor from an M, PMD, POS or T zoning district classification to any other zoning district classification, and make a recommendation to the City Council before the City Council Committee on Zoning, Landmarks and Building Standards's public hearing. Notice of the Plan Commission's public hearing must be provided in accordance with Sec. 17-13-0107-A, Sec. 17-13-0107-B and Sec. 17-13-0107-C.

   17-13-0403 Review and Decision-Making Criteria. In reviewing and making decisions on proposed zoning map amendments within industrial corridors, review bodies and decision-making bodies must consider the criteria established in Sec. 17-13-0308 as well as whether the proposed rezoning would adversely affect the continued industrial viability of the industrial corridor. With respect to industrial viability, review bodies and decision-making bodies must consider the following factors:

      17-13-0403-A the size of the district;

      17-13-0403-B the number of existing firms and employees that would be affected;

      17-13-0403-C recent and planned public and private investments within the district;

      17-13-0403-D the potential of the district to support additional industrial uses and increased manufacturing employment;

      17-13-0403-E the proportion of land in the district currently devoted to industrial uses;

      17-13-0403-F the proportion of land in the district currently devoted to non-manufacturing uses; and

      17-13-0403-G the area's importance to the city as an industrial district.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 7-26-06, p. 82612, § 1; Amend Coun. J. 9-13-06, p. 84870, § 2; Amend Coun. J. 5-14-07, p. 106483, § 3; Amend Coun. J. 11-8-12, p. 38872, § 265)

17-13-0500 Establishment of special character overlay district.

   17-13-0501 Initiation of Special Character Overlay District Amendment. An amendment to create a special character overlay district must be processed in accordance with the provisions of Sec. 17-13-0300, except to the extent that this section imposes additional requirements.

   17-13-0502 Application and Public Notice.

      17-13-0502-A Applications to establish a special character overlay district must include the following: 1) an in-depth written description of the physical characteristics and criteria eligibility of the neighborhood that necessitate the establishment of an overlay district; 2) a map of the proposed district boundary; 3) a list of all of the PINs, property addresses, and property owners within the area; 4) a letter from the Department of Planning and Development supporting the proposed overlay district.

      17-13-0502-B Public notice of an application for an amendment to create a special character overlay district must be given in the same manner as for other Zoning Map Amendments under Sec. 17-13-0300 except as expressly provided in this section.

      17-13-0502-C Whenever the applicant is a member of the City Council or the Zoning Administrator, notice may be served by first class mail.

      17-13-0502-D Upon receipt of any such application, the Zoning Administrator must transmit an original copy without delay to the Chairman of the City Council Committee on Zoning, Landmarks and Building Standards.

      17-13-0502-E In addition to the persons to whom written notice must be provided under Sec. 17-13-0300, written notice of the filing of the application and of the community meeting required by Sec. 17-13-0503 must also be sent to the property owners of property within the proposed special character overlay district, as determined from the authentic tax records of Cook County.

      17-13-0502-F The application must address the factors to be considered by the City Council in determining whether the particular area qualifies as a special character overlay district.

   17-13-0503 Community Meeting. Before a public hearing is held by the City Council Committee on Zoning, Landmarks and Building Standards, as provided for in Sec. 17-13-0300, to consider recommending the designation of any area as a special character overlay district, the Department of Planning and Development must hold at least one public meeting in the ward in which the proposed district is located for the purpose of explaining the proposal, soliciting comments on it, and making findings regarding the factors listed in Sec. 17-13-0505. The Department of Planning and Development must notify the Alderman or Aldermen of the ward(s) in writing of the time, place and purpose of the meeting and must also publish notice of the public meeting in a newspaper of general circulation within the ward(s). The Department of Planning and Development shall make all of the information presented at the meeting available to the public and shall provide a meeting summary of public input received.

   17-13-0504 Report and Recommendation. The Department of Planning and Development must submit a written report and recommendation on the proposed special character overlay district Amendment to the City Council Committee on Zoning, Landmarks and Building Standards before the date scheduled for a formal public hearing before that Committee.

   17-13-0505 Factors to be Considered. In reviewing an application for a special character overlay district amendment, the City Council Committee on Zoning, Landmarks and Building Standards must give consideration to all of the following factors:

      17-13-0505-A whether the property within the proposed special character overlay district meets the minimum requirements of Sec. 17-7-0602;

      17-13-0505-B whether the proposed overlay district is consistent with Sec. 17-7-0601;

      17-13-0505-C whether the existing zoning of the property would allow new development that is inconsistent with the unique characteristics within the proposed district;

      17-13-0505-D the area's importance to the city's heritage or identity, whether comprehensive plans exist for the area and the nature of recent and planned public and private investment within the area;

      17-13-0505-E whether supplemental special character overlay district regulations are needed to maintain the stability and unique character of the area or to promote development that is consistent with any adopted comprehensive plans or design guidelines for the area; and

      17-13-0505-F the proportion of land within the district that would become nonconforming if the special character overlay district Amendment were approved.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 11-19-08, p. 47220, Art. VII, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. IX, § 11; Amend Coun. J. 11-8-12, p. 38872, §§ 266 – 269; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 30; Amend Coun. J. 10-7-20, p. 21785, § 1)

17-13-0600 Planned developments.

   17-13-0601 Purpose. The section sets forth the procedures for review and approval of planned developments. (See Chapter 17-8 for planned development guidelines and standards)

   17-13-0602 Applications.

      17-13-0602-A Authority to File. Planned development applications may be submitted by the Mayor, City Council, Zoning Administrator or by the property owner of the subject property.

      17-13-0602-B Filing.

         1.   Planned development applications must be filed with the Zoning Administrator.

         2.   The Zoning Administrator must transmit an original copy of the application without delay to the City Clerk, who must record it in the proceedings of the City Council at its next regular meeting.

         3.   The Zoning Administrator must also, within 5 days of application filing, transmit copies of the application to the Plan Commission.

   17-13-0603 Recommendations – Zoning Administrator. The Zoning Administrator must review each planned development and forward a recommendation on the proposal to the Plan Commission before the Plan Commission's public hearing. The recommendation of the Zoning Administrator must also be forwarded to the City Council Committee on Zoning, Landmarks and Building Standards.

   17-13-0604 Hearing – Plan Commission.

      17-13-0604-A Within 7 days of the receipt of a complete application, the Plan Commission must schedule a public hearing to review the planned development application.

      17-13-0604-B Written, Published and Posted Notice of the Plan Commission public hearing must be provided in accordance with Sec. 17-13-0107-A, Sec. 17-13-0107-B and Sec. 17-13-0107-C.

      17-13-0604-C The Plan Commission must provide a reasonable opportunity for all interested parties to express their opinions under such rules and regulations as the Plan Commission may adopt.

      17-13-0604-D The Plan Commission's public hearing must be concluded within 30 days of commencement, provided that the Plan Commission may grant such extensions of time as the applicant may request. If the applicant requests or agrees to an extension of time, such action will be deemed a waiver of the 30-day public hearing period.

      17-13-0604-E Whenever practicable, any public hearings required to be held by the Plan Commission affecting the same property will be held concurrently.

   17-13-0605 Plan Commission Recommendation. Within 7 days of the close of the Plan Commission public hearing, the Plan Commission must forward its findings, determination and recommendation to the City Council Committee on Zoning, Landmarks and Building Standards.

   17-13-0606 Hearing – City Council Committee on Zoning. The City Council Committee on Zoning, Landmarks and Building Standards must hold a public hearing on all planned development proposals for the purpose of reviewing the proposed project and taking testimony. Written, Published and Posted Notice of the Committee on Zoning, Landmarks and Building Standards' public hearing must be provided in accordance with Sec. 17-13-0107-A, Sec. 17-13-0107-B and Sec. 17-13-0107-C.

   17-13-0607 Final Action – City Council. The City Council is the final decision-making body on planned developments. The City Council may act by simple majority vote.

   17-13-0608 Inaction by City Council. f the City Council does not take action on a proposed planned development amendment application within 180 days of the day the Plan Commission recommendation is filed with the City Council Committee on Zoning, Landmarks and Building Standards, the application will be considered to have been denied, unless the application meets the definition of an inclusionary application.

      17-13-0608-A City Council Committee on Zoning, Landmarks and Building Standards Approval of Inclusionary Applications. If the City Council Committee on Zoning, Landmarks and Building Standards fails to vote on a proposed planned development amendment inclusionary application within 300 days of the day the Plan Commission recommendation is filed with the City Council Committee on Zoning, Landmarks and Building Standards, the applicant may submit a written notification to the Chairman of the Committee on Zoning, Landmarks and Building Standards requesting that the Committee act on the inclusionary application. If the Committee on Zoning, Landmarks and Building Standards fails to vote within 60 days of the receipt of such written notification and the requirements of Section 17-13-0608-B have been satisfied, the Committee shall report the application to the City Council for consideration at the next regular City Council meeting with a "do pass" recommendation.

      17-13-0608-B Community Meetings for Inclusionary Applications. Before any applicant may submit a written notification to the Chairman of the Committee on Zoning, Landmarks and Building Standards requesting that the Committee act on the inclusionary application pursuant to Section 17-13-0608-A, the applicant must hold at least one community meeting in the ward in which the project is proposed to be located for the purpose of explaining the proposal and soliciting comments on it. Notice for such community meeting must be issued, pursuant to this Section, no later than two weeks prior to such community meeting. The applicant must notify the Alderman of the ward in which the project is proposed to be located in writing of the time, place and purpose of the community meeting.

   17-13-0609 Review and Decision-Making Criteria. In reviewing and making decisions on proposed planned developments, review bodies and decision-making bodies must consider at least the following factors:

      17-13-0609-A whether the proposed development complies with the standards and guidelines of Sec. 17-8-0900;

      17-13-0609-B whether the proposed development is compatible with the character of the surrounding area in terms of uses, density and building scale; and

      17-13-0609-C whether public infrastructure facilities and city services will be adequate to serve the proposed development at the time of occupancy.

   17-13-0610 Effect of Planned Development Approval. After the adoption of a planned development ordinance, every application for a permit or license within the planned development boundaries must be reviewed by the Zoning Administrator for a determination that the proposed use, building or structure complies with all provisions of the planned development ordinance ("Part II review"). A Part II review fee shall be assessed by the Department of Planning and Development and paid by the Applicant as set forth in this section. The Part II review fee is $0.50 per square foot of buildable floor area, as identified in the planned development Bulk and Density Table. One-half of the permit review fee is due at the time of filing the planned development application (the "first installment"), and one-half of the review fee is due at the time of the Part II review (the "second installment"); provided, however, if the planned development is constructed in phases or subareas, and each phase or subarea is identified separately in the Bulk and Density Table and is subject to separate site plan approval or Plan Commission review, the permit review fee may be paid in phases. The fee for each phase shall continue to be paid in installments, with the first installment due at the time of filing the planned development application (for the initial phase) or at the time of filing for site plan review pursuant to Section 17-13-0800 (for subsequent phases), and with the second installment due at the time of Part II review for such phase. If the buildable floor area square footage changes between payment of the first installment and payment of the second installment, the second installment will be adjusted accordingly. Zoning certifications may be issued by the Zoning Administrator for uses, buildings or structures within the planned development only upon the Zoning Administrator's written approval. Any permit, license or certificate issued in conflict with the planned development ordinance may be revoked in accordance with Section 17-16-0505.

   17-13-0611 Minor Changes and Amendments.

      17-13-0611-A Minor changes to approved planned developments may be permitted by the Zoning Administrator provided such minor changes will not result in one or more of the following:

         1.   a change in the character of development;

         2.   an increase in the maximum permitted floor area ratio for the total net site area, provided that phases of the development may temporarily exceed the maximum floor ratio for a sub- area;

         3.   an increase in the number of dwelling units in excess of the lesser of 3 units or 5% of the maximum number of dwelling units allowed in the approved planned development. Increases in the maximum number of units may not be made if such increase conflicts with the approved parking ratio, decreases approved setbacks, adversely affects the character of the development or exceeds the approved floor area ratio. Increases in the maximum number of units may be made only once per planned development or, if applicable, once per sub-area; or

         4.   a reduction in the minimum required distance between structures or in periphery setbacks, provided that setback requirements may be adjusted when necessary to permit consistency with the typical pattern or architectural arrangement of surrounding structures.

      17-13-0611-B Proposed changes that do not meet the criteria for Minor Changes, as provided in Sec. 17-13-0611-A, may be approved only in accordance with the review and approval procedures for planned developments, as provided in Sec. 17-13-0602 through Sec. 17-13-0610.

      17-13-0611-C An approved minor change is valid for 12 months from the date of the letter granting such approval unless action to implement the minor change is commenced within such time period and thereafter diligently pursued to completion, including, if applicable, construction consistent with the minor change as authorized by a building permit. If action to implement the minor change, including construction, does not begin within the time set forth, or does not proceed with reasonable diligence, then the approval will lapse and become null and void.

      17-13-0611-D The fee to review and process a request for minor change approval is $1,500.00.

   17-13-0612 Lapse of Approval.

      17-13-0612-A Every planned development ordinance will lapse and be null and void unless construction, as authorized by a building permit, has commenced within 6 years of the date of City Council approval of the planned development ordinance and is thereafter diligently pursued to completion.

      17-13-0612-B The 6-year period may be extended by up to one additional year if, before expiration, the Zoning Administrator receives a written request from the applicant stating the reasons for the proposed extension, and the Zoning Administrator determines that good cause for an extension is shown.

      17-13-0612-C If a planned development ordinance requires construction to begin at an earlier date, then that time period will control.

      17-13-0612-D If construction does not begin within the time set forth, or the construction does not proceed with reasonable diligence, or if construction in a multi-phase development does not proceed according to the specific schedule set forth in the planned development ordinance, then the planned development ordinance will lapse and be null and void.

      17-13-0612-E Should a planned development ordinance lapse, as provided in this section, the Zoning Administrator must initiate a Zoning Ordinance Map Amendment to rezone the subject property to the zoning classification that applied to the subject property before approval of the planned development, in accordance with the procedures of Sec. 17-13-0300.

   17-13-0613 Special rule– Property within Airport Layout Plan. Upon annexation, land located within the Airport Layout Plan shall be deemed to be included within, and subject to all the applicable provisions of, the “Airport Planned Development,” as defined in an ordinance passed by the City Council on January 23, 1964, and appearing in the Journal of Proceedings of that date at page 2203. Such inclusion shall not be subject to the review and approval requirements contained in Section 17-13-0602 through Section 17-13-0610 to be effective. For the purposes of this section, the term “Airport Layout Plan” shall mean the future airport layout plan for Chicago O'Hare International Airport approved by the Federal Aviation Administration in a Record of Decision issued in September 2005, and as amended from time to time.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 3-9-05, p. 44391; Amend Coun J. 5-14-07, p. 106483, § 3; Amend Coun. J. 11-13-07, p. 15814, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. VII, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. VIII, § 1; Amend Coun. J. 2-9-11, p. 112461, § 2; Amend Coun. J. 12-14-11, p. 18122, § 1; Amend Coun. J. 11-8-12, p. 38872, §§ 270 – 273; Amend Coun. J. 11-19-14, p. 98037, § 15; Amend Coun. J. 3-18-15, p. 105476, § 10; Amend Coun. J. 11-26-19, p. 11514, Art. III, § 2; Amend Coun. J. 9-9-20, p. 20676, § 1; Amend Coun. J. 12-15-21, p. 42674, § 9; Amend Coun. J. 7-20-22, p. 50878, § 7)

17-13-0700 Planned manufacturing districts.

   17-13-0701 Purpose. The section sets forth the review and approval procedures for establishment of planned manufacturing districts. (See Sec. 17-6-0400 for PMD standards)

   17-13-0702 Applications.

      17-13-0702-A Authority to File. Applications to designate an area as a PMD may be filed by the Mayor, the property owners of all land within the boundaries of the proposed PMD, or the Alderman of the ward in which the proposed PMD is located.

      17-13-0702-B Filing.

         1.   An application for designation of an area as a PMD must be filed with the Zoning Administrator.

         2.   The Zoning Administrator must transmit an original copy of the application without delay to the City Clerk, who must record it in the proceedings of the City Council at its next regular meeting.

         3.   The Zoning Administrator must also transmit copies of the application without delay to the Plan Commission.

   17-13-0703 Community Meeting.

      17-13-0703-A Before the formal public hearing provided for in Sec. 17-13-0705, the Commissioner of Planning and Development must convene at least one public meeting in the ward in which the proposed PMD is located, for the purpose of explaining and soliciting comments on the proposal.

      17-13-0703-B The Commissioner of Planning and Development must give written notice to the respective Alderman of the time, place and purpose of the meeting and publish notice of the meeting in a newspaper of general circulation.

   17-13-0704 Recommendations – Zoning Administrator. The Zoning Administrator must review each PMD proposal and forward a recommendation on the proposal to the Commissioner of Planning and Development and the Plan Commission before the Plan Commission's public hearing (See Sec. 17-13-0705). The recommendation of the Zoning Administrator must also be forwarded to the City Council when the recommendation of the Plan Commission is sent to City Council.

   17-13-0705 Hearing – Plan Commission. The Plan Commission must hold a public hearing on all PMD proposals for the purpose of taking testimony and determining the industrial viability of the district and the need for PMD status. Written, Published and Posted Notice of the Plan Commission public hearing must be provided in accordance with Sec. 17-13-0107-A, Sec. 17-13-0107-B and Sec. 17-13-0107-C.

   17-13-0706 Plan Commission Recommendation. Within 7 days of the close of the Plan Commission public hearing, the Plan Commission must forward its findings, determination and recommendation to the City Council Committee on Zoning, Landmarks and Building Standards.

   17-13-0707 Hearing – City Council Committee on Zoning, Landmarks and Building Standards. The City Council Committee on Zoning, Landmarks and Building Standards must hold a public hearing on all PMD proposals for the purpose of taking testimony and determining the industrial viability of the district and the need for PMD status. Written, Published and Posted Notice of the Committee on Zoning, Landmarks and Building Standards' public hearing must be provided in accordance with Sec. 17-13-0107-A, Sec. 17-13-0107-B and Sec. 17-13-0107-C.

   17-13-0708 Final Action – City Council. The City Council is the final decision-making body on PMD amendments. The City Council may act by simple majority vote.

   17-13-0709 Inaction by City Council. If the City Council does not take action on a proposed PMD amendment within 6 months of the day the Plan Commission recommendation is filed with the City Council, the applicant may consider the application to have been denied.

   17-13-0710 Review and Decision-Making Criteria.

      17-13-0710-A With respect to industrial viability, review and decision-making bodies must consider the following factors:

         1.   the size of the district;

         2.   the number of existing firms and employees that would be affected;

         3.   recent and planned public and private investments within the district;

         4.   the potential of the district to support additional industrial uses and increased manufacturing employment;

         5.   the proportion of land in the district currently devoted to industrial uses;

         6.   the proportion of land in the district currently devoted to non-manufacturing uses; and

         7.   the area's importance to the city as an industrial district.

      17-13-0710-B With respect to the need for planned manufacturing district status, review and decision-making bodies must consider the following factors:

         1.   evidence of conflict with or encroachment on industrial uses by nonindustrial uses;

         2.   demand for zoning changes or use conversions which may be incompatible with the character of the manufacturing district; and

         3.   continuing industrial viability of the area in accordance with Sec. 17-13-0710-A.

   17-13-0711 On-going Review by Plan Commission. The Plan Commission is responsible for monitoring the effectiveness of planned manufacturing districts in achieving the purposes set forth in Sec. 17-6-0401-A. The Plan Commission must recommend to the City Council changes in or repeal of a designated district if, after the hearings processes for district designation set forth in Sec. 17-13-0705 and 17-13-0705, it finds the purposes are not being met.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 3-9-05, p. 44391; Amend Coun. J. 11-19-08, p. 47220, Art. VII, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. IX, § 11; Amend Coun. J. 11-8-12, p. 38872, §§ 274, 275; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 30)