A. Applications: All applications for development review, which shall include site plan review, zoning certificates, conditional use permits, planned unit developments, variations, amendments to the zoning ordinance or map, administrative interpretations, and appeals from administrative determinations, shall be filed in conformance with the regulations set forth below:
1. Place Of Filing: Applications shall be filed with the Zoning Administrator or with such other City body or official as the Zoning Administrator may designate.
2. Form, Number, And Scale: Applications shall be on forms provided by the Zoning Administrator and shall be filed in such number and manner as the Zoning Administrator may designate. All plans filed as part of any application shall be at a scale sufficient to permit a clear and precise understanding of its contents and of the proposal being made and shall be folded to a size of eight and one-half inches by eleven inches (81/2"x11").
3. Minimum Requirements: Every application submitted pursuant to this title shall contain such minimum data and information as listed in chapter 14, "Minimum Submission Requirements", of this title.
4. Disclosure Of Trust Beneficiaries: Whenever the owner or applicant is a trustee, it shall be required that the application be accompanied by a full disclosure in writing of the names and addresses of all beneficiaries under said trust at the time of such application and within the twelve (12) months immediately preceding the filing of the application. It shall be required that any application be accompanied by a certified copy of the trust agreement and a certificate of the trustee that the beneficiaries are as stated by the owner or applicant.
5. Filing Deadlines:
a. An application requiring a public hearing will not be scheduled for such hearing unless filed in a complete manner, at least thirty (30) days and no more than ninety (90) days prior to the requested public hearing date. An application so filed will be scheduled for the requested date, or the first available date thereafter, on a first filed, first scheduled basis. All public hearings to consider applications filed pursuant to this title shall, unless otherwise provided by order of the relevant body, be scheduled at the same time as the regular meetings of such body.
b. An application that does not require a public hearing also shall be filed with the Zoning Administrator in a complete manner. An application so filed will be processed by the Zoning Administrator on a first filed, first processed basis.
c. Whenever supplemental data in connection with a previously filed application is required by the City or offered by the applicant, it shall be submitted at least fifteen (15) days prior to the date on which it is to be considered or acted upon in connection with such application. The filing of such data shall, in the discretion of the Zoning Administrator and of the body hearing the application, be cause to delay a requested or scheduled hearing or decision date.
6. Fees: Applications filed pursuant to the provisions of this title shall be subject to an application and filing fee as established, from time to time, by the City Council. The owner of the property subject to the application and, if different, the applicant, shall be jointly and severally liable for the payment of the fee. The failure to pay any such fee when due shall 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 required deposit relates. All fees shall be made payable to the City of Des Plaines. The application fee pays the cost of processing the zoning relief requested and is nonrefundable.
a. | Conditional use permits | $500.00 | |
b. | Planned unit developments | 1,500.00 | |
c. | Variations: | ||
(1) | Minor variations (Planning and Zoning) | No fee; appeals of denials subject to the fee for Appeals | |
(2) | Standard variations (Planning and Zoning Board) | 250.00 | |
(3) | Major variations (City Council) | 350.00 | |
d. | Amendments (text or map) | 500.00 | |
e. | Appeals | 250.00 | |
7. Special Requests: In addition to the minimum data and information required by subsection A3 of this section, every applicant shall submit such other additional data, information, or documentation as the Zoning Administrator or any body before which its application is pending may deem necessary or appropriate to achieve a full and proper consideration and disposition of the particular application.
8. Waiver Of Application Requirements: Notwithstanding any other provision of this subsection A, the Zoning Administrator shall have the authority to waive any requirement set forth in subsection A1, A2, or A3 of this section when, in his judgment, such waiver is appropriate in light of the nature and extent of the relief being sought or in light of special circumstances making compliance with those provisions either unnecessary or unduly burdensome; provided, however, that any board or commission before which such application may come shall continue to have the right to request additional information pursuant to subsection A7 of this section and to delay processing of such application until such information is provided and available in accordance with the deadlines established in subsection A5 of this section.
B. Successive Applications:
1. Second Applications Without New Grounds Barred: Whenever any application filed pursuant to this title has been denied on its merits, a second application seeking essentially the same relief, whether or not in the same form or on the same theory, shall not be brought unless in the opinion of the official, board, or commission before which it is brought there is substantial new evidence available or a mistake of law or fact occurred that significantly affected the prior denial.
2. New Grounds To Be Stated: Any such second application shall include a detailed statement of the grounds justifying its consideration.
3. Summary Denial With Or Without Hearing: Any such second application may be denied by the Zoning Administrator summarily, and without hearing, on a finding that no grounds appear that warrant a new hearing. In any case where such application is set for hearing, the applicant shall be required to establish grounds warranting reconsideration of the merits of its application prior to being allowed to offer any evidence on the merits. Unless such grounds are established, the application may be summarily dismissed for such failure.
4. Exception: Whether or not new grounds are stated, any second application filed more than one year after the denial of a prior application shall be heard on the merits as though no prior application had been filed. The applicant shall, 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 shall be presumed that no new facts exist to support the new application that did not exist at the time of the denial of the first application.
C. Notice:
1. Notice Of Public Hearing In Newspaper: For any development review procedure that requires a public hearing, the City shall arrange for the publication of a public notice in a newspaper of general circulation in the Des Plaines jurisdictional area. The notice shall include the date, time and place of such hearing or meeting, a description of the matter to be heard or considered, the address or particular location of the subject property, and the property index number(s) for subject property. If there is no available street address or property index number for the subject property, then a legal description of the subject property must be included. The notice shall run at least one time, not more than thirty (30) days nor less than fifteen (15) days prior to the public hearing.
2. Notice Of Public Hearing Through Posted Sign: In addition to the newspaper notice provision required above, not more than thirty (30) days nor less than fifteen (15) days prior to any public hearing on a development review procedure the zoning administrator shall cause to be posted on the subject property a notice sign stating that a hearing will be held and including the date, time and place of such hearing or meeting, and a description of the matter to be heard or considered.
3. Notice To Proximate Property Owners: For any public hearing regarding a map amendment, conditional use, or major variation, notice by U.S. mail shall be sent to owners of properties within the following distances measured from the perimeter of the subject property:
a. Three hundred feet (300) feet for subject properties located entirely within residential zoning districts
b. Five hundred (500) feet for all other properties, including properties located only partially in a residential district.
D. Review And Hearing:
1. Staff Review: The zoning administrator shall refer every application for which this title requires a public hearing to all appropriate city commissions and departments. Each commission and department to which an application is referred shall review such application and submit its comments thereon to the zoning administrator for transmittal to the specific body hearing the application. Such comments shall, whenever possible, be submitted at least two (2) business days prior to the date set for the hearing and shall be made available to any person on request prior to the hearing.
2. Public Hearing: All other matters pertaining to the conduct of hearings shall be governed by the provisions of this title pertaining to, and the rules promulgated by, the body or official conducting the hearing.
3. Examination And Copying Of Application And Other Documents: At any time following the giving of notice as required in subsection C of this section, and upon reasonable request, any person may examine the application and, subject to the exceptions set forth in the freedom of information act, all other documents on file pertaining to the application. In addition, any person shall be entitled to copies of such application and documents upon reasonable request and payment of a fee as established from time to time by the zoning administrator to cover the cost of such copies. (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-6-04, 1-19-2004; Ord. Z-14-15, 7-6-2015; Ord. Z-1-19, 1-7-2019; Ord. Z-42-21, 8-16-2021; Ord. Z-5-22, 3-21-2022)