ORDINANCE NO. O-24-012
WHEREAS, the City of Wood Dale (the “City”) is a body politic and corporate, organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.; and
WHEREAS, the City is authorized and empowered, under the Illinois Municipal Code and the Code of Ordinances of the City of Wood Dale (“City Code”), to regulate land use located within the municipal boundaries of the City; and
WHEREAS, in furtherance of this authorization, the City has adopted a Unified Development Ordinance, codified in Chapter 17 of the City Code (the “UDO”), which sets forth provisions regarding sign posting notice requirements for public hearings; and
WHEREAS, upon Staff review of the UDO provisions regarding sign posting notice requirements for public hearings, the City determined to initiate certain amendments to the UDO adjusting such requirements to increase readability and visibility of the sign notices and to allow for the use of more durable sign postings, which give the public notice of public hearings; and
WHEREAS, the City initiated amendments to the City’s UDO proceeded to a public hearing before the City’s Community Development Commission (“CDC”), upon publication of a legal notice, in accordance with law, on March 18, 2024 under Case No. CDC-2024-0003; and
WHEREAS, at the conclusion of Case No. CDC-2024-0003, the CDC recommended approval of the proposed UDO amendments; and
WHEREAS, the matter proceeded to consideration before the City’s Planning, Zoning and Building Committee (“PZB Committee”) on March 28, 2024 and the PZB Committee voted to recommend approval of the proposed UDO amendments, which are attached hereto and incorporated herein as Exhibit A; and
WHEREAS, the City Council of the City of Wood Dale has reviewed the matter and based on the testimony presented and recommendations and findings of City Staff, the City Council hereby finds that the proposed amendments to the UDO related to the sign posting notice requirements for public hearings, as presented in Exhibit A, are consistent with the Comprehensive Plan; are in keeping with the purpose and intent of the UDO; are in promotion of the health, comfort, safety, and general welfare of the City’s community; and the City Council further adopts the findings of fact included within the Staff memo dated Marh 18, 2024 as additional findings of the City Council as they relate and apply to Exhibit A.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WOOD DALE, DUPAGE COUNTY, ILLINOIS, as follows:
SECTION ONE: The recitals set forth above are incorporated herein and made a part hereof.
SECTION TWO: That the UDO amendments related to the sign posting notice requirements for public hearings, as fully set forth in Exhibit A, are hereby adopted.
SECTION THREE: That all ordinances or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed.
SECTION FOUR: That the City Clerk of the City of Wood Dale is hereby directed to publish this Ordinance in pamphlet form, pursuant to the statutes of the State of Illinois.
SECTION FIVE: That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law.
SECTION SIX: That if any provision or clause of this Ordinance or Exhibit A or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Ordinance or Exhibit A, which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance or Exhibit A are severable.
PASSED this 18th day of April, 2024
AYES: ______________
NAYS:_______________
ABSENT:_____________
APPROVED this 18th day of April, 2024
SIGNED:_________________________________
Annunziato Pulice, Mayor
ATTEST:_________________________________
Lynn Curiale, City Clerk
Published in pamphlet form __________________, 2024
EXHIBIT A
Public Hearing Notice Text Amendment
Sec. 17.202
E. Public Hearings and Meetings.
1. Setting Hearing or Meeting; Time Limitation. When the provisions of this UDO require a public hearing or meeting in connection with any application filed pursuant to this UDO, the Community Development Commission will, upon receipt of a properly completed application, fix a reasonable time and place for such hearing or meeting; provided, however, that such hearing or meeting will be commenced no later than 60 days, and will be concluded no later than 120 days, following the receipt of the subject application unless the applicant agrees to an extension or unless the hearing or meeting agenda of the body is completely committed during that time.
2. Notice.
a. Notice to be Given. Notice of public hearings and meetings set pursuant to Section 17.202.E.1. of this Section will be given by the Development Administrator or the applicant, as the case may be, in the form and manner and to the person herein specified.
b. Notice Procedures.
(1) All Hearings and Meetings. Notice of every hearing or meeting set pursuant to Section 17.202.E.1. of this Section will be given by the Development Administrator:
1. By first class mail, electronic mail or personal delivery to the applicant and, if a specific parcel is the subject of the application, to the owner of the subject property.
2. By first class mail or electronic mail to any newspaper or person that will have filed a written request, accompanied by an annual fee as established from time to time by the Development Administrator to cover postage and handling, for notice of all hearings or meetings held pursuant to this UDO. Such written request will automatically expire on December 31 of the year in which it is made unless a written request for renewal, accompanied by the annual fee, is submitted prior to such date.
3. By first class mail, electronic mail or personal delivery or interdepartmental delivery to affected City Council, Commissions, Departments and Officials.
(2) Delivery of Notice. Notice by mail as herein required, will be mailed no less than five days in advance of the hearing or meeting date by regular first class United States Mail.
c. Required Public Notices: Prior to holding a public hearing, the following notices shall be required:
(1) Notice by Newspaper Publication. The Development Administrator will cause a notice to be published in a newspaper published in, or of general circulation within, the City at least once no less than fifteen (15) days, nor more than thirty (30) days, in advance of the hearing date. The newspaper notice shall contain, at a minimum, the following information:
1. The street address, property index number(s), and street intersection location description of the property that is the subject of the application;
2. A brief statement of the nature of the relief being requested;
3. The name and address of the applicant;
4. The name and address of the legal and beneficial owner of the property, if any, that is the subject of the application.
(2) Notice by Sign. If a specific property is the subject of the application, the Development Administrator or applicant will post the subject property with a ground sign of approximately nine (9) square feet of gross surface area containing the legibly written notice. The sign shall be placed no less than fifteen (15) days, nor more than thirty (30) days, in advance of the hearing date. The sign will be located on the subject property so as to be visible from at least one (1) right-of-way abutting the subject property. The Development Administrator or applicant will remove the sign within three (3) days after the hearing is closed.
(3) Notice by Mail. The Development Administrator shall make best efforts, where applicable, to provide notice mailed via first class mail to all the property owners within two hundred and fifty feet (250') of the specific property. The notice shall be mailed no less than fifteen (15) days, nor more than thirty (30) days, in advance of the hearing date. Any irregularity or mistake concerning mailed notice shall not otherwise affect the validity of any legislative action. The mailed notice shall contain, at a minimum, the following information:
1. The street address, property index number(s), and street intersection location description of the property that is the subject of the application;
2. A brief statement of the nature of the relief being requested;
3. The name and address of the applicant;
4. The name and address of the legal and beneficial owner of the property, if any, that is the subject of the application.
d. Report to Hearing Body. At the hearing, the Development Administrator or applicant will present to the Community Development Commission an affidavit, certification or other evidence satisfactory to the Community Development Commission, demonstrating, to the satisfaction of the Community Development Commission, that the applicable notice requirements of this Subparagraph have been satisfied.