Planning & Zoning Commission
Regular MeetingDeKalb, IL · May 17, 2017
Minutes
MINUTES
CITY OF DEKALB
PLANNING AND ZONING COMMISSION
May 17, 2017
The Planning and Zoning Commission held a Meeting on May 17, 2017 at the City of DeKalb
Municipal Building, 200 S. Fourth St., DeKalb, Illinois. Chair Atherton called the meeting to
order at 6:00 PM.
A. ROLL CALL
Natalie Nelson called the roll. Members of the Planning and Zoning Commission present
at roll call: Katharina Barbe, Vicki Buckley, David Castro, Matthew Crull, Deborah Nier,
Jerry Wright, and Chair Christina Atherton. No members were absent.
Elected official present was Mayor Jerry Smith. City staff present were Community
Development Director Jo Ellen Charlton, Principal Planner Dan Olson, and
Administrative Assistant Natalie Nelson.
B. APPROVAL OF THE AGENDA (Additions/Deletions)
Chair Atherton requested a motion to approve the May 17, 2017 agenda as presented.
M. Crull motioned to approve the agenda, K. Barbe seconded the motion, and the
motion was approved by unanimous voice vote.
C. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record)
Jerry Smith, resident of 139 Buena Vista Drive and DeKalb’s Mayor Elect, introduced
himself. He stated he would be meeting with each commission and board. He
commended the Planning and Zoning Commission members for their attendance and
willingness to serve the community and praised City staff who work with the
Commission.
Chair Atherton said she is proud to serve with the Commission members, and she
thanked Mayor Smith for attending.
D. APPROVAL OF MINUTES
1. April 26, 2017 – V. Buckley motioned to approve the minutes as presented, D. Castro
seconded the motion, and the motion was approved by unanimous voice vote.
E. OLD BUSINESS
None
F. NEW BUSINESS
1. Workshop regarding text amendments to the Unified Development Ordinance.
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May 17, 2017
Page 2 of 8
DISCUSSION
Principal Planner Dan Olson presented to the Commission proposed amendments to
the Unified Development Ordinance (UDO).
UDO Article 3 “Definitions” and Article 5 “Zoning District Regulations”
Mr. Olson asked for feedback and direction for improving the regulations for Social
Clubs and Banquet Halls. He reported that Municipal Code Chapter 32 “Business
Regulations” addresses Social Clubs, including definitions and licensing regulations,
one of which is a prohibition against having a liquor license. He stated that the UDO
does not include Social Club as a permitted or special use in any zoning district. He
noted a concern with the current language, a Social Club could be categorized as a
Banquet Hall. He noted that Banquet Halls are a special use in LC and a permitted use
in the CBD and GC districts. He asked the Commission consider the following:
• Adding to a definition for Banquet Hall in Article 3,
• Categorizing Banquet Hall as a special use in the CBD and GC districts,
• Adding a definition for Social Club, similar to Chapter 32,
• Categorizing Social Club as a special use in the GC district or any other zoning
district the Commission desires.
He stated an existing Banquet Hall would become legal non-conforming and subject to
the provisions in Article 19 if the Commission approves the proposed amendments.
D. Nier asked for clarification of the difference between a Banquet Hall and a Social
Club. D. Olson responded that a Banquet Hall may obtain a liquor license, but a Social
Club cannot. He noted that the Commission may add other differentiating criteria.
D. Castro asked if a Banquet Hall currently exists. D. Olson responded that Faranda’s
operates as a Banquet Hall in the CBD. He stated that creating a Banquet Hall definition
is not intended to exclude existing establishments. He added Faranda’s would become
a legal non-conforming use if the Commission moves it to a special use in the CBD
district.
V. Buckley asked if a Social Club currently exists and whether problems prompted the
discussion. Director Charlton reported that a business claiming to be a Banquet Hall
recently located downtown but actually operated more like a Social Club. She reported
that the lack of clarity in the Municipal Code and the UDO prevented the City from
regulating the business appropriately, which is the reason for the discussion.
The differences between a Social Club and a Banquet Hall were further discussed.
Director Charlton cited the Social Club definition in Chapter 32, which prohibits liquor of
any kind under any circumstances. She reported that original intent for the Social Club
category was for venues serving patrons under the age of 21, but the Banquet Hall
category is for venues serving all ages. She stated that a Banquet Hall is typically a
meeting place rented for a specific event while a Social Club provides regular
Planning and Zoning Commission
May 17, 2017
Page 3 of 8
entertainment like a bar, but without alcohol. She noted that the City met recently with
NIU students, and they requested more liquor-free venues and events.
D. Nier suggested that a Social Club’s primary purpose is to host entertainment while a
Banquet Hall’s primary purpose is to host special events and meetings that serve food.
K. Barbe asked if fraternal organizations are categorized as Banquet Halls since they
are allowed to serve liquor and rent out their facilities for special events. Director
Charlton responded that they are a different category in the UDO, and renting out their
facilities for special events is considered an accessory use, not a primary use.
M. Crull recommended carefully crafting language for each category’s definition to
include a list of criteria and the number of items that must be fulfilled for each category.
He suggested designating the number of events during a certain period might be a
useful for differentiating between a principal use and an accessory use.
V. Buckley suggested that the definition for Social Clubs might specifying that patrons
under the age of 21 are permitted.
J. Wright asked if fraternal organizations are categorized as Social Clubs. Planner Olson
responded that they are not; they are categorized as Clubs, Lodges, and Meeting Halls
in the UDO.
J. Wright asked how the proposed revisions will affect the Social Club that prompted the
discussion. Director Charlton responded that the business owners have already ceased
operation at the current location for a variety of reasons.
J. Wright asked if the CBD district is the only one under discussion. Planner Olson
responded that Banquet Halls are a permitted use in the CBD district and a special use
in the LC district. He recommended Social Clubs be a special use in the GC district
where zoning regulations for lighting, visibility, and sufficient parking are more easily
met. He stated that the LC district is often closer to residential uses and not suitable for
the use and the LI district does not usually provide adequate visibility and parking.
Planner Olson reiterated that Faranda’s will not be affected if the Commission decides
Banquet Hall should remain a permitted use in the CBD district.
Chair Atherton asked if a Banquet Hall was denied a liquor license could it operate as a
Banquet Hall without a liquor license. Director Charlton responded that liquor license
approval is treated separately from zoning. She did not recommend including liquor
license approval in the Banquet Hall definition. She said she would consult with the City
Attorney for guidance about including liquor license regulations in the Social Club
definition.
V. Buckley asked for the chronology of liquor license and zoning approval. Planner
Olson responded that both applications can be submitted at the same time, but they are
considered separately initially. When presented to the City Council for final approval,
they are usually presented at the same meeting.
Planning and Zoning Commission
May 17, 2017
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Article 14 Permits and Article 18 Appeals and Variances
Planner Olson explained that for each Special Use, Rezoning, and Variance petition,
the City requires public notification in the newspaper and letters to surrounding property
owners. The City currently prepares and publishes the notice in the newspaper and
mails the notice to property owner. Mr. Olson asked the Commission to consider
approving the following procedural changes to reassign these tasks to applicants:
• Notice of Public Hearing: Applicants would arrange and pay for the newspaper
to publish their notices; City staff would continue to draft the text of the notices.
• Property Owner Notification Letters: Applicants would print and pay the postage
for the property owner notification letters; City staff would continue to review the
address list, draft the text of the letters and provide the map(s) to be included in
the letters.
Director Charlton added that many municipalities already require applicants to perform
these tasks, which protects the City from liability if a public hearing is delayed or if
notification is questioned, and it will save City staff time and money.
Chair Atherton asked what happens if an applicant does not publish a notice on time.
Planner Olson responded that the applicant would receive instructions from the City for
publishing the public notice and provide a copy of the certification of publication provided
by the newspaper. The applicant will also sign an affidavit attesting to when and to whom
the property owner notification letters were mailed. He stated that the City will inform the
applicant of the deadlines that must be met, but if the applicant does not meet them, the
hearing would need to be rescheduled, and the applicant would need to republish the
notice and re-mail the letters.
Planner Olson also asked the Commission to consider removing the requirement to
include property legal descriptions in the notices, which state law no longer requires to
be included, as long as a property’s common address and PIN is provided. He noted
that the cost of publishing and mailing the notices for applicants will be less if lengthy
legal descriptions are omitted.
Article 20 Amendments
Planner Olson stated that currently only the Planning and Zoning Commission and City
Council can initiate petitions for text amendments and zoning map (rezoning)
amendments. He asked the Commission to consider allowing City staff to initiate these
petitions as well, which would speed up the hearing and approval processes. He noted
that the public hearing process would continue to occur. In addition, he asked for
approval of the following provisions:
• If anyone other than City staff initiates a text amendment petition, that person
would be responsible for the public hearing notice publication; City staff would
continue to draft the notice text.
• If anyone other than City staff initiates a zoning map (rezoning) amendment, that
person would be responsible for printing and mailing the property owner
notification letters; City staff would continue to draft the letter text, review the
address list, and provide the timeline.
Planning and Zoning Commission
May 17, 2017
Page 5 of 8
He added that City staff would provide instructions and deadlines for the applicant, and
the applicant would be required to sign an affidavit indicating the mailing was performed
and a copy of the notification letter was sent to the City.
D. Nier asked if there are disadvantages to these proposed amendments. Planner Olson
responded that if the City oversees these processes, he anticipates no problems. He
stated that it is possible but very unlikely for an applicant to make a mistake discovered
afterwards. Mr. Olson assured the Commission that City staff would continue to help
first-time applicants with each step of the process.
D. Castro asked how much the notices cost the City. Planner Olson replied that the cost
of publishing the notice varies depending on the length of the legal description, and the
cost sending the letters varies depending upon the number of properties within 250-foot
of the subject property. Director Charlton added that omitting the legal description in the
newspaper notice and the letters will make them shorter and less expensive for
applicants.
D. Castro also voiced concern about relying upon the applicants to perform these tasks,
especially ones unfamiliar with the process who are more likely to make a mistake.
Planner Olson responded that the City would provide detailed instructions and provide
help to the applicant whenever necessary. He added that he worked in a community
where applicants performed these same tasks without significant difficulty.
Director Charlton acknowledged that big developers have more experience than
homeowners. She reported that City staff meets more frequently with less experienced
applicants to ensure the process moves along smoothly. Mr. Planner Olson agreed that
the City would continue to provide oversight to ensure completion of each step.
Chair Atherton recommended that the City provide to applicants a document that
outlines the process and a checklist and make it available online as well.
V. Buckley related her experience in Ft. Lauderdale, Florida, where online documents
and processes were available to applicants, who had no difficulty with the processes.
Chair Atherton voiced concern about applicants having difficulty. Planner Olson
explained that only the responsibility for delivery and payment for these items would
change. The City would still draft the text to ensure the language is accurate.
M. Crull recommended staff to put in place a vigorous verification process to ensure no
property owner is excluded from the mailing. He asked how the City would address a
complaint that someone had been excluded from the mailing. Planner Olson responded
that the likely course of action would be to continue the hearing to a later date, with
publication of an updated public meeting notice and mailing of updated letters. Director
Charlton added that the burden would be placed upon the complaining party to provide
evidence of being harmed by not receiving the notice letter.
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May 17, 2017
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M. Crull asked for clarification of how the City would confirm a mailing was performed.
Planner Olson responded that the applicant’s signed affidavit with the list of addresses
will be sufficient. Director Charlton added that the applicant would also mail the letter to
the City, which will postmarked.
Article 19 Non-Conforming Situations – Non-conforming Use of a Building
Planner Olson ask the Commission to consider amending the UDO requirement that a
nonconforming use of a building be discontinued upon change of ownership, use, or
tenancy. He stated that the City does not receive notification prior to a change of
ownership on properties, so this is difficult to enforce. He recommended retaining the
requirement for nonconforming uses to discontinue upon change of use or tenancy or if
the nonconforming use is discontinued for more than six months.
Director Charlton added that this problem arises often when a single-family residential
zoned property with a nonconforming two-flat changes ownership. She reported that the
new owner has two options: (1) to discontinue the two-unit use or (2) petition for
rezoning. She noted that the City does not require a property transfer stamp, so 90% of
property ownership changes go unnoticed by the City.
Chair Atherton recalled when the Commission discussed if a restaurant’s
nonconforming patio would be allowed to continue to be used if a new owner purchased
the restaurant. She also recalled when the Commission decided that a nonconforming
two-unit home was not allowed to continue to be used by a new owner.
D. Castro asked if allowing nonconforming uses to continue after a sale would prevent
neighborhoods from moving toward the goal of conformity with the UDO. He stated that
his neighbors want nonconforming two-units in his neighborhood to revert to single-
family homes. He stated that allowing new owners to inherit a legal nonconforming
status may not be beneficial to the City. He suggested that better tracking of property
sales, which is public information, could help the city enforce nonconforming use
regulations. Planner Olson responded that property sales are public information after a
sale is final, and it would not be ideal to notify a new owner of the requirement to end a
property’s nonconforming use after the fact.
D. Nier suggested that allowing a nonconforming uses to continue after a sale conflicts
with the Comprehensive Plan’s goal to remove undesirable and incompatible land uses.
She voiced concern that grandfathering nonconforming uses as legal for new owners
could be detrimental to surrounding properties.
D. Castro suggested that if the City does not enforce the regulation for nonconforming
uses to revert to conforming uses, the whole City could become legal nonconforming.
Director Charlton stated that the best means to enforce the regulation of nonconforming
uses would be to institute a property transfer stamp, which the Commission could
discuss with the City Council.
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May 17, 2017
Page 7 of 8
D. Nier noted that other municipalities require a transfer stamp, but it is not a popular
discussion. She added that if even 1% of properties sold with nonconforming uses are
reverted to conforming uses, the regulation can be considered successful.
V. Buckley said that many homes in her neighborhood were divided into multiple units
long ago, and requiring new owners to renovate these back into single-family may be
difficult.
Director Charlton reported that bank and insurance agents frequently contact the City
to ask if a nonconforming building is destroyed can it be rebuilt as it is today. She
explained that extensive supporting documentation from the owner would be necessary
to confirm if a nonconforming use were legally established. She added that many new
owners are unaware they have purchased properties with nonconforming uses, and
they are unhappy when they call the City for assistance to learn they must discontinue
nonconforming uses.
D. Castro stated that some real estate agents educate buyers about nonconforming use
regulations while others are motivated to make sales without regard to those
regulations.
V. Buckley asked if legal nonconforming properties are currently a big problem or if the
City is looking forward to possible future issues. Planner Olson responded that it is hard
to tell how many nonconforming uses continue after ownership changes, but the City
does receive many phone calls asking if they are allowed. He noted the RC-1 zoning
district allows nonconforming uses to continue provided the designated land use
category allows it, but single-family zoning districts currently require multi-unit uses be
discontinued upon change of ownership.
Director Charlton added that tracking illegal nonconforming uses is also a challenge.
She explained that illegal uses are never transferrable to new owners. She reported that
the City often becomes aware of illegal uses when buyers ask the City if building permits
were issued for the renovations that created additional units. She explained that the
burden is upon the property owner to prove a nonconforming use is legal. If no proof
exists, owners must discontinue illegal uses and make the property comply with zoning
regulations.
V. Buckley asked if current property owners are creating new nonconforming uses.
Planner Olson responded that these are hard to track unless an owner applies for
rezoning or a permit. Director Charlton added that when the City discovers new
nonconforming or illegal uses, the City cites owners for code violations and instructs
them they must discontinue the nonconforming uses and bring the properties back into
compliance.
V. Buckley asked if the City approves new legal nonconforming uses. Planner Olson
responded that the City is not normally aware when a new nonconforming use is
created. Director Charlton added that the City does not grant legal nonconforming uses,
but a property owner may apply to rezone the property.
Planning and Zoning Commission
May 17, 2017
Page 8 of 8
Director Charlton reported that the City recently became aware of an illegal
nonconforming dwelling above a garage. A former property owner obtained a building
permit to construct a new garage with storage space above. Years later, when a new
property owner applied for a building permit to perform work in the unit above the
garage, the City informed him that it was an illegal use and required him to discontinue
using it.
All Articles of UDO
Planner Olson reported that current positions, titles, departments, commissions, and the
name of the Kishwaukee Water Reclamation District should be updated in the UDO.
G. REPORTS / ITEMS FOR NEXT MEETING
Upcoming Commission meetings
• June 7 – No hearings are scheduled, but a meeting may be necessary.
• June 21 – Public hearing on proposed UDO text amendments.
City Council action
• May 8 – Mobil gas station proposed at N. First St. and Hillcrest Dr.
I. ADJOURNMENT
K. Barbe motioned to adjourn, V. Buckley seconded the motion, and the motion was
approved by unanimous voice vote. The meeting adjourned at 7:11 PM.
Respectfully Submitted,
Natalie Nelson, Administrative Assistant
Minutes were approved by the Planning and Zoning Commission on June 21, 2017.
Agenda
Council Chambers
200 S. Fourth St., 2nd Floor
DeKalb, IL 60115
AGENDA
Planning and Zoning Commission
May 17, 2017
6:00 PM
A. ROLL CALL
B. APPROVAL OF AGENDA (Additions or Deletions)
C. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record)
D. APPROVAL OF MINUTES
1. April 26, 2017
E. OLD BUSINESS
None
F. NEW BUSINESS
1. Workshop Text amendments to the Unified Development Ordinance.
G. REPORTS/ITEMS FOR NEXT MEETING
H. ADJOURNMENT
MINUTES
CITY OF DEKALB
PLANNING AND ZONING COMMISSION
April 26, 2017
The Planning and Zoning Commission held a Meeting on April 26, 2017 at the City of
DeKalb Municipal Building, 200 S. Fourth St., DeKalb, Illinois. Chair Atherton called the
meeting to order at 6:00 PM.
A. ROLL CALL
Natalie Nelson called the roll. Members of the Planning and Zoning Commission
present at roll call: Katharina Barbe, David Castro, Matthew Crull, and Chair
Christina Atherton.
Members absent were Vicki Buckley, Deborah Nier, and Jerry Wright.
City staff present were Community Development Director Jo Ellen Charlton,
Principal Planner Dan Olson, and Administrative Assistant Natalie Nelson.
B. APPROVAL OF THE AGENDA (Additions/Deletions)
Chair Atherton requested a motion to approve the April 26, 2017 agenda as
presented. K. Barbe motioned to approve the agenda, D. Castro seconded the
motion, and the motion was approved by unanimous voice vote.
C. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record)
None.
D. APPROVAL OF MINUTES
1. March 29, 2017 – Chair Atherton requested a motion to approve the March 29,
2017 minutes as presented. M. Crull motioned to approve the minutes as
presented, K. Barbe seconded the motion, and the motion was approved by
unanimous voice vote.
2. April 12, 2017 – Chair Atherton requested a motion to approve the April 12, 2017
minutes as presented. M. Crull motioned to approve the minutes as presented,
D. Castro seconded the motion, and the motion was approved by unanimous
voice vote.
E. OLD BUSINESS
None
Planning and Zoning Commission
April 26, 2017
Page 2 of 6
F. NEW BUSINESS
1. Public hearing on a petition by Blackhawk Road, LLC, represented by Stefan
Wereminski, for a Zoning Map Amendment from the “MFR2” Multiple Family
Residential District to the “PD-R” Planned Development - Residential District,
approval of Planned Development Preliminary Plans to allow for the
reestablishment of a fraternity on the subject site located at 1114 Blackhawk
Road. Waivers to the Unified Development Ordinance are being requested for
the minimum lot size for a Planned Development, the number of required
parking spaces, parking lot design and locational requirements, landscaping
and other approvals as required for redevelopment of the property.
PETITIONER PRESENTATION
Stefan Wereminski, President of the Alumni Housing Association for Sigma Nu at
Northern Illinois University, presented before the Commission. He stated that the
subject property will be the fraternity house for the NIU-recognized fraternity Sigma
Nu.
Mr. Wereminski discussed the planned interior and exterior improvements. The
plans include resurfacing the existing parking lot and expanding it to provide 42
parking spaces, reconfiguring the access drive at Kimberly Dr., and adding a new
access point to Edgebrook Dr. He explained the planned landscaping
improvements, including pruning existing plantings, removing two existing trees,
and adding four new trees. Safety improvements will include exterior LED lighting
and security cameras, which will be available for DeKalb Police Department
review. Interior improvements include LED lighting, boiler replacement, radiator
repairs, new high-efficiency water heaters, fire sprinkler installation, and fire alarm
warning system replacement. To comply with ADA accessibility requirements, two
accessible parking spaces and an exterior ramp to access the first floor will be
added. In addition, the common restrooms and one dorm room on the first floor will
be renovated to become accessible.
STAFF REPORT
Principal Planner Dan Olson presented on behalf of the City of DeKalb. He
reported that the proposed improvements to the subject property will cost
approximately $340,000. He stated that the building has 29 bedrooms, which will
be allowed to house up to 45 residents. He summarized the petition for rezoning
the property from the MFR-2 district to the PD-R district, approving the preliminary
plan, and approving certain waivers to UDO requirements.
Mr. Olson reported that the petitioner’s initial parking plan proposed only
resurfacing the current lot with 21 spaces, to which staff responded that more
parking was need and access to Edgebrook Dr. should be added. Although the
UDO requires 45 parking spaces for 45 residents, Mr. Olson stated that staff is
Planning and Zoning Commission
April 26, 2017
Page 3 of 6
satisfied with the revised plan to provide 42 parking spaces, including two new
ADA accessible spaces. He noted that the petitioner researched parking at
fraternities and sororities in DeKalb and in other university communities and found
that the UDO requires significantly more parking. Mr. Olson emphasized
importance of providing adequate off-street parking in the area, which limits street
parking.
Mr. Olson stated that the fraternity plans to move from their current apartment
complex to the subject property, which will require a City-issued rooming house
license. He noted that past rooming house licenses permitted up to 61 occupants
in the building; the proposed 45 occupants is significantly less. He added that the
building will comply the pending State of Illinois fire sprinkler regulations and the
current ADA regulations.
Mr. Olson summarized the petitioner’s requested waivers to UDO regulations:
• To allow a planned development on a subject site that is .7 acres; the UDO
requires a minimum size of 2 acres.
• To allow 42 parking spaces to serve 45 occupants; the UDO requires one
parking space per occupant.
• To modify required parking lot design elements and landscaping, and to
omit required curbs and gutters; the UDO requires certain setbacks, curbs
and gutters, and landscaping.
He also reported that the City Engineer reviewed the parking lot plan, two-thirds of
which is already paved, and approved the omission of curbs and gutters due to
nearby catch basins that can handle the property’s storm water runoff.
Mr. Olson discussed how the petitioner’s plans meet the Standards of Rezoning
and the objectives set forth in the City’s 2005 Comprehensive Plan. He cited the
Greek Row Neighborhood Revitalization Plan from 2002, which supports the re-
establishment of a fraternity on the subject property. He reported that adjacent
properties have similar zoning and uses. He stated that the improvements will have
a positive effect on the neighborhood, and existing utilities and public facilities
currently serve the site.
He provided a summary of Exhibit A, which lists the preliminary site plan and floor
plan, the permitted uses, the prohibited uses, and the development standards. He
noted the permitted uses regulations for maximum number of occupants per room,
maximum number of residents, maximum number of bedrooms, and existing group
meeting areas and food service facilities. He also summarized Exhibit B, including
required submissions of a photometric plan, landscaping plan, trash enclosure
design, addition of the parking lot formula to the site plan, the vacation of a utility
easement, and final engineering plans.
Mr. Olson stated that City staff recommends approval of the petition.
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April 26, 2017
Page 4 of 6
CITIZEN COMMENTS
At 6:17 PM, Chair Atherton noted three individuals in the audience chose not to
speak and closed the public hearing.
COMMISSION DISCUSSION
Chair Atherton invited Commission discussion.
Commissioner Castro asked if the lighting plan has been submitted. Mr. Olson
confirmed it has not yet been received. Mr. Castro noted that the current lighting
in the area is poor at night, and the proposed improvements will help alleviate the
problem.
Mr. Castro asked for clarification of required number of parking spaces. D. Olson
replied that the UDO requires fraternities and sororities to provide one parking
space for each occupant.
Mr. Castro thanked the petitioner and staff for working together to develop the
revised parking plan. He also thanked the petitioner for providing for Commission
consideration the research on parking requirements at similar locations.
Mr. Castro asked about the plans for area in which the subject property is located.
Director Charlton replied that the property is located within the Northwest Corridor
or Annie Glidden North. She reported that the City will be working with a consultant
to evaluate the area’s existing conditions and develop future plans. She noted that
the area was initially developed to serve student populations, but due to declining
university enrollment, many families with different needs have moved into the area.
She reported that every City department is committed to addressing the area’s
unique challenges. She stated that the planning project will begin in July and
continue into the first quarter of 2018, and the City will invite members of campus
populations and different interest groups to participate. Mr. Castro added that the
subject property’s planned improvements and use are similar to that of other
nearby properties.
Commissioner Barbe asked why the data presented in the research for other
Greek housing includes the number of parking spaces but not the number
residents. Mr. Olson replied that the petitioner tried to obtain that data but was
unable to do so.
Ms. Barbe asked for a description of the current condition of the property. Mr.
Wereminski replied that the landscaping has been neglected and the building has
been vacant for about two years, leading to weed overgrowth and some interior
building damage. However, he noted, the building’s concrete block construction is
sound and the mechanical work will be easy and fast.
Planning and Zoning Commission
April 26, 2017
Page 5 of 6
Ms. Barbe asked if the budget will be sufficient for the proposed improvements.
Mr. Wereminski reported that remodeling two restrooms and upgrading the
mechanical systems will be the largest expenses, but painting and installing new
LED light fixtures in the 29 unfurnished bedrooms will be economical.
Ms. Barbe asked for clarification of the purpose for rooms in the basement. Mr.
Wereminski replied that a building manager, house parent, or live-in graduate
advisor may use them. Ms. Barbe asked if a door will be installed in the basement
between the office area and the living area. Mr. Wereminski confirmed that a door
will be installed.
M. Crull voiced approval of the plans and stated that although sufficient off-street
parking is an issue, the building will likely not be at maximum occupancy any time
soon due to university enrollment. He asked if public parking exists nearby for
overflow vehicles and how a future increased demand for parking will be
addressed. Mr. Wereminski reported he has discussed future parking plans with
City staff. He noted that a nearby strip mall offers a limited number of rental parking
spaces. He reported that many of the current fraternity members do not own cars,
and their current apartment complex’s 22 parking spaces have been sufficient for
them. He stated that the new fraternity house lease will require a resident with car
to obtain a parking permit for the fraternity house lot or provide proof of a school-
year parking permit from the university.
Chair Atherton asked for clarification of the list of permitted uses in Exhibit A,
specifically the maximum numbers of bedrooms and occupants. Mr. Wereminski
explained that each of the 29 bedrooms will have one or two occupants, never
three, with a maximum of 45 total residents.
Chair Atherton asked if the petitioner has obtained the appropriate approval to
allow the fraternity to move into the building on the subject property. Mr.
Wereminski responded that the fraternity’s national organization has
enthusiastically approved the plan.
D. Castro asked if the building may be occupied while the work is performed. D.
Olson responded that occupancy approval will not be granted until all work is
complete, which is expected in August before the fall semester begins. He added
that the fraternity closed on the purchase of building earlier in April, so work can
commence as soon as the current petition is approved.
Director Charlton announced that an individual joined the audience during the
Commission discussion and asked if he might comment. Chair Atherton replied
that the public hearing portion of the meeting was closed and could not be
reopened.
Hearing and seeing no further Commission or City staff discussion, Chair Atherton
requested a motion.
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April 26, 2017
Page 6 of 6
MOTION
M. Crull motioned that, based upon the submitted petition and testimony
presented, he moved that the Planning and Zoning Commission forward its
findings of fact and recommend to the City Council approval of a Zoning Map
Amendment from the “MFR2” Multiple Family Residential District to the “PD-R”
Planned Development - Residential District and approval of Planned Development
Plan to allow for the re-establishment of a fraternity on the subject site located at
1114 Blackhawk Road per the Planned Development Plans and standards listed
on Exhibit A of the Staff Report and subject to the conditions listed on Exhibit B of
the Staff Report. K. Barbe seconded the motion.
VOTE
Chair Atherton requested a roll call vote. Yea – K. Barbe, D. Castro, M. Crull, and
Chair Atherton. Nay – none. Absent – V. Buckley, D. Nier, and J. Wright. The
motion passed 4-0-3.
G. REPORTS / ITEMS FOR NEXT MEETING
Principal Planner Olson announced that the May 3rd Planning and Zoning Commission
meeting will be canceled. He also reported upon recent City Council actions:
• Approval of the annexation and rezoning of Kishwaukee Country Club,
• Approval of rezoning of 1015 Blackhawk Road,
• First reading of the special use permit petition for the Mobil gas station, and
the second reading will take place at the first City Council meeting in May.
Chair Atherton thanked Mayor Rey for his service to the City. She noted that Mayor
Rey was responsible for appointing everyone on the Commission except for her,
and she thanked him for appointing her fellow Commission members, which she
commended for their work as well.
I. ADJOURNMENT
Seeing and hearing no further comments, Chair Atherton requested a motion to
adjourn. Barbe motioned to adjourn, Castro seconded the motion, and the motion
was unanimously approved by voice vote. The meeting adjourned at 6:35 PM
Respectfully Submitted,
Natalie Nelson, Administrative Assistant
Minutes were approved by the Planning and Zoning Commission on .
City of DeKalb
Planning and Zoning Commission
Staff Report
DATE: May 12, 2017
TO: Planning and Zoning Commission Members
FROM: Jo Ellen Charlton, Community Development Director
Dan Olson, Principal Planner
SUBJECT: Discussion - Text Amendments to the Unified
Development Ordinance
GENERAL INFORMATION:
The staff wanted to bring forward to the Planning and Zoning Commission some
possible text amendment to the Unified Development Ordinance (UDO) for further
discussion.
REVIEW AND ANALYSIS:
Article 3 “Definitions” and Article 5 “Zoning District Regulations” – Social
Clubs and Banquet Halls
Chapter 32 “Business Regulations” of the Municipal Code has provisions for
Social Clubs, which was added to the Code in 2014 (see attached Chapter in
packet).There is a definition provided and licensing procedures. However, Social
Club is not listed in the UDO as a permitted or special use in any zoning district.
There are potential issues and conflicts with classifying a Social Club under one
of the uses currently listed in the UDO. Banquet Halls is a use that could
encompass a Social Club, however there is no definition for Banquet Halls in the
UDO. Banquet Halls are currently listed as a Special Use in the “LC” Light
Commercial District and a Permitted Use in the “GC” General Commercial
District and the “CBD” Central Business District.
We would recommend that a definition for Banquet Halls be provided that
distinguishes itself clearly from Social Clubs and that it be moved from a Permitted
Use in the “GC” and “CBD” Districts to a Special Use. We would also recommend
that Social Clubs be added to the UDO as a special use in the appropriate zoning
PZC073-16
district(s) and the definition be added. If the amendments are approved, any
existing Banquet Hall in the City would be considered a legal non-conforming use
and would fall under the regulations of Article 19 “Non-Conforming Situations” of
the UDO.
Article 14 Permits and Article 18 Appeals and Variances
The current regulations require the Community Development Director to publish a
notice for a special use permit or variance request in the newspaper and send it to
the property owners within 250 feet of the subject site. We are proposing that
Article 14 and 18 be amended so that the applicant who initiates a special use
permit or variance request be responsible to publish the hearing notice in the
newspaper and send the notice to property owners within 250 feet of the subject
site. The City staff will still draft the public hearing notice, but the applicant will be
responsible to submit it to the newspaper and mail it to surrounding property
owners and will therefore be responsible for the cost of publication and mailing. To
verify the property owners were mailed a notice by the applicant, we will require
an affidavit be signed by the applicant indicating the mailing was performed.
State law allows for a public hearing notice for a special use permit or variance
need not include a metes and bounds legal description of the area provided the
notice includes: 1) the common street address or addresses and 2) the property
index number (“PIN”) or numbers of all the parcels of the area. We are proposing
language be added to the Article to allow this as an option for public hearing
notices.
Article 19 Non-Conforming Situations
Article 19.05 provides regulations for non-conforming uses located in buildings and
structures (Article 19 provided in packet). One of the regulations states “When a
non-conforming use of a building or structure changes ownership, use or tenancy,
the legal non-conforming use must be discontinued”. The UDO does require a
Certificate of Use and Occupancy to be issued by the City prior to the use or
occupancy in a newly constructed building, altered building or change in a building,
or of a property. We do not, however, have a good way to track changes of
ownership of property if nothing else changes on the site.
We propose that Article 19.05 be amended to remove the requirement that a legal
non-conforming use of a building or structure must be discontinued if a change of
ownership occurs. We would recommend that changes in use or tenancy remain
in the language as they can be tracked by the Certificate of Use and Occupancy.
Consideration should be also given to amending Article 19.03 so that changes in
the use or tenancy of a non-conforming use of a parcel, on which no building exist,
must be brought into compliance with the UDO.
Page |2
Article 20 Amendments
Text Amendments
The current regulations allow text amendments to be initiated by the City Council
or the Planning and Zoning Commission, or which may be initiated by them in
response to a request by any City Board or staff member. We are proposing that
language be added to allow staff to initiate text amendments. Any amendment
would still require a public hearing in front of the Commission and final approval by
the City Council. This amendment could potentially reduce the time to have a text
amendment approved through the process. Text Amendments may also be
initiated by any other person as long as an application and filing fee is submitted.
A text amendment is required to be published in the newspaper at least 15 days
prior to the public hearing. We would propose the language be amended to require
that if any other person initiates a text amendment (beyond the City) that they
publish the notice in the newspaper. The City staff will still draft the public hearing
notice, but the applicant will be required to submit it to the newspaper and will
therefore be responsible for the cost of publication.
Map Amendments
The vast majority of map amendments (re-zoning) are initiated by the property
owner. As with the text amendments, proposed map amendments can also be
initiated the City Council or the Planning and Zoning Commission, or which may
be initiated by them in response to a request by any City Board or staff member.
We are proposing that language be added to allow staff to initiate map
amendments also. Any amendment would still require a public hearing in front of
the Commission and final approval by the City Council.
We are also proposing that the applicant who initiates a map amendment request
be responsible to publish the hearing notice in the newspaper and send the notice
to the property owners within 250 feet of the subject site. The City staff will still
draft the public hearing notice, but the applicant will be required to submit it to the
newspaper and mail it to surrounding property owners and will therefore be
responsible for the cost of publication and mailing. To verify the property owners
were mailed a notice by the applicant, we will require an affidavit be signed by the
applicant indicating the mailing was performed.
State law allows that any public hearing notice for map amendments need not
include a metes and bounds legal description of the area provided the notice
includes: 1) the common street address or addresses and 2) the property index
number (“PIN”) or numbers of all the parcels of the area proposed for the map
amendment. We are proposing language be added to the UDO to allow this as an
option for public hearing notices.
Page |3
All Articles of UDO
Correct references to appointed bodies, City departments and positions should be
updated. For example the Planning and Zoning Commission is referenced as the
Plan Commission in several areas of the UDO. The Department of Planning should
be replaced with the Community Development Department. The DeKalb Sanitary
District recently changed their name to the Kishwaukee Water Reclamation District
and their reference in the UDO should be updated.
SUMMARY/RECOMMENDATION:
No official action or motion is required. Staff asks the Commission to provide
comments per the discussion items in the memo. With the Commission’s input and
authorization, staff will prepare and process a text amendment application and
public hearing notice, which would allow for additional public comment via the
hearing process. Final authority to amend any regulations regarding the UDO
rests with the City Council. We plan to set a public hearing date of June 21, 2017
in front of the Commission regarding the proposed text amendments.
Page |4
Municipal Code - City of DeKalb
Chapter 32, “Business Regulations”
Chapter 32
BUSINESS REGULATIONS
Revision Date: 8-30-14
Sections:
32.01 AUCTIONEERS. (Deleted 00-44)
32.02 PAWNBROKER REGULATION ACT.
32.02-5 RECORD IN INK -- IDENTIFICATION REQUIRED.
32.04 LICENSE.
32.05 BUILDING MOVERS.
32.06 GARAGE SALES (04-65)
32.07 GOING OUT OF BUSINESS.
32.08 SOCIAL CLUBS. (2014-28)
32.01 AUCTIONEERS. (Deleted 00-44)
32.02 PAWNBROKER REGULATION ACT.
a) Pawnbroker Defined. Every person or company engaged in the business of receiving property in
pledge or as security for money or other thing advanced to the pawner or pledger, shall be held and is hereby
declared and defined to be a pawnbroker.
b) It shall be unlawful for any pawnbroker to charge or collect a greater benefit or percentage upon
money advance and for the use and forbearance thereof, than the rate of 3% per month. Nothing in this Section
shall be construed so as to conflict with the law pertaining to usury and the person receiving money so
advanced may hold such moneys to pay any fees in addition to interest as herein provided.
c) Each pawnbroker may contract for and receive such fees in addition to interest authorized by this
section, as set forth herein, for investigating title, storage and insuring the collateral, closing the loan, making
daily reports to local law enforcement officers, and for other expenses and losses of every nature whatsoever,
and for all other services. Such fees, when made and collected, shall not be deemed interest for any purpose of
law.
d) Every pawnbroker, when making a loan under this Section, shall be entitled to charge and collect a one
time fee for each loan for services rendered as set forth in the following schedule.
1. For loans not exceeding $100 a fee not to exceed $12.
2. For loans exceeding $100 but not over $250, a fee not to exceed $25.
3. For loans exceeding $250 but not over $500 a fee not to exceed $35.
4. For loan exceeding $500 but not over $1000 a fee not to exceed $50.
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Chapter 32, “Business Regulations”
5. For loans exceeding $1000 a fee not to exceed 5% of the loan principal. (93-41)
32.02-5 RECORD IN INK -- IDENTIFICATION REQUIRED.
a) Every pawn and loan broker shall keep a standard record book that has been approved by the Police
Chief for the purpose of his business, in which shall be written in ink, at the time of each and every loan or
taking of a pledge, an accurate account and description, in the English language, of all the goods, articles and
other things pawned or pledged, the amount of money, value or thing loan thereon, the time of pledging the
same, the rate of interest to be paid on such loan, and the name and residence of the person making such loan
or pledge. Such entry shall include the serial number or identification number of items received which are
required to bear such number. Every pawnbroker shall also record in his book, an accurate account and
description, in the English language, of all goods, articles and other things purchased or received for the
purpose of resale or loan collateral by the pawnbroker from any source, not in the course of a pledge or loan,
the time of such purchase or receipt and the name and address of the person or business which sold or
delivered such goods, articles, or other things to the pawnbroker. No entry in such book shall be erased,
mutilated or changed.
b) Every pawnbroker shall require 2 forms of identification to be shown him by each person pledging or
pawning any good, articles or other things to the pawnbroker. Any of the two forms of identification must
include his or her residence address. These forms of identification shall include, but not be limited to, any of
the following: driver's license, social security card, utility bill, employee or student identification card, credit
card, or a civic, union or professional association membership card.
c) Inspection. The said book, as well as every article or other thing of value so pawned or pledged, shall
at all times be open to the inspection of the sheriff of the county, his deputies or any members of the police
force of any city in the county in which such pawnbroker does business.
d) Daily Report. It shall be the duty of every pawnbroker to make out and deliver to the sheriff of the
county in which such pawnbroker does business, on each day before the hours of 12 o'clock noon, a legible and
exact copy from the standard record book, as required above in this ordinance, that lists all personal property
and other valuable things received on deposit or purchased during the preceding day, together with the exact
time when received or purchased, and a description of the person or person by whom left in pledge, or from
whom the same were purchased; provided that in cities or towns having twenty-five thousand or more
inhabitants, a copy of the such report shall at the same time also be delivered to the police chief of such city or
town.
e) Property From Minor. No pawnbroker shall take or receive an pawn or pledge for any advancement or
loan, any property of any kind from any minor who is under 18 years of age, or the ownership of which is in, or
which is claimed by, any such minor, or which may be in the possession or under the control of any such
minor.
f) Property From Intoxicated Person Or Thief--Return Of Stolen Property. No pawnbroker shall
purchase or take any article in pawn or pledge from nay person appearing to be intoxicated, nor from any
person known to have been convicted of theft. A law enforcement officer may provide such criminal
conviction information to a pawnbroker. When any person is found to be the owner of stolen property which
has been pawned, such property shall be returned to the owner thereof without the payment of the money
advanced by the pawnbroker thereon or any costs or charges of any kind which the pawnbroker may have
placed upon the same.
g) Sale of Property. No personal property received on deposit or pledge, or purchased by any such
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Chapter 32, “Business Regulations”
pawnbroker, shall be sold or permitted to be redeemed or removed from the place of business of such
pawnbroker for the space of twenty-four hours after the delivery of the copy and statement required above by
this Ordinance to be delivered to he officer or officers named therein; and no personal property pawned or
pledged shall be sold or disposed of by any such pawnbroker within one year from the time when the pawner
or pledger shall make default in payment so advance by such pawnbroker, unless by the written consent of such
pawner or pledger.
h) Violations. Every pawnbroker who knowingly violates the provision of this Ordinance shall, for the
first offense, be guilty of a Class C misdemeanor, with a fine of not less than $100.00, and for each subsequent
offense shall be guilty of a Class A misdemeanor, with a fine of not less than 500.00. (93-41)
32.04 LICENSE.
a) It shall be unlawful for any person to engage in the City of DeKalb in the business for a pawnbroker,
as defined by the laws of the State of Illinois and the ordinances of the City of DeKalb, without a license
therefor issued by the City of DeKalb. (81-64)
b) Application for License. Applications for a pawnbroker's license shall be made to the City Clerk of the
City of DeKalb on forms provided by the City Clerk. Said application shall be in writing; signed by the
applicant, if an individual, or by a duly authorized agent thereof, if a club, partnership, or corporation, verified
by oath or affidavit; and shall be accompanied with a non-refundable application fee of Fifty Dollars ($50.00).
Said application shall be referred to the City Manager, who shall grant or deny said license. Upon approval by
the City Manager, said license shall be issued by the City Clerk. Said license shall be valid for one (1) year,
commencing on the first day of May and ending on the last day of April. Said license may be renewed upon
the licensee submitting an application for a license to the City Clerk. There shall be a renewal fee of Twenty
Five Dollars ($25.00). Said application for a pawnbroker's license shall contain the following information and
statements. (81-64)
1. The name, age, and address of the applicant in the case of an individual; in the case of a
partnership, the persons entitled to share in the profits thereof, and in the case of a corporation, for profit, or a
club, the date of incorporation, the objects for which it was organized, the names and addresses of the officers
and directors, and if a majority in interest of the stock of such corporation is owned by one person or his
nominees, the name and address of such person; (81-64)
2. The citizenship of the applicant, his place of birth, and if a naturalized citizen, the time and place
of naturalization; (81-64)
3. The character of business of the applicant; and in case of a corporation, the objects for which it
was formed; (81-64)
4. The length of time that said applicant has been in business of that character; or in the case of a
corporation, the date on which its charter was issued; (81-64)
5. The amount of goods, wares, and merchandise on hand at the time the application is made; (81-64)
6. The location and description of the premises or place of business which is to be operated under
such license; (81-64)
7. A statement whether applicant has made similar application for a similar license on premises other
than described in this application, and the disposition of such application; (81-64)
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Chapter 32, “Business Regulations”
8. A statement that the applicant does beneficially own the premises or does have a lease thereon for
the full period for which the license is to be issued; (81-64)
9. A statement that the applicant has never been convicted of a felony; (81-64)
10. A statement that the applicant has never been convicted of the following offenses: Theft; Theft of
Lost/Mislaid Property; Forgery; Deceptive Altering/Sale of Coins; Robbery; Armed Robbery, Burglary;
Possession of Burglary Tools; Unlawful Sale of Firearms; Criminal Usury; Juice Racketeering.
11. A statement that the applicant has never been convicted of violating any municipal or county
pawnbroker’s ordinance. (81-64)
12. A statement that if a partnership, all members of the partnership shall be qualified to obtain a
license; and, whether a previous license by any state or subdivision thereof, or by the federal government has
been revoked, and the reason therefor. (93-41)
32.05 BUILDING MOVERS.
Building Movers deleted. Refer to Chapter 24.04. c) 9. "Moving a Structure;" Chapter 24.03, Bonds; &
Chapter 6.11. "Street Construction, Maintenance Operations & Utility Work". (93-64)
32.06 GARAGE SALES.
a) It shall be unlawful for any person, group of persons, or organization to sell or offer for sale any
secondhand household goods, clothing or other articles of personal property at what is commonly called a
rummage, yard or garage sale on more than three (3) occasions in a calendar year if such sales are conducted in
any residential zoned (SFR-1, SFR-2, TFR, or MFR) district of the City. Each of the three (3) allowable
occasions in a calendar year shall be limited to not more than three (3) consecutive days.
b) Any person, group of persons, or organization who knowingly violates this provision shall be fined not
less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each offense and
a separate offense shall be deemed committed on each day during, or on which a violation occurs or continues.
(04-65)
32.07 GOING OUT OF BUSINESS.
There is hereby adopted by reference the provisions of Illinois Revised Statutes, Chapter 121-1/2, Section
157.1-157.12 (815 ILCS 350). Three copies of such statute are on file and kept in the office of the City Clerk
and available for public use, inspection and examination, and have been so on file for a period of thirty days
prior to adoption of this ordinance incorporating such Statute. (78-20)
Duration of Sale - License Fee. A fee of Twenty-five Dollars ($25.00) shall be charged for a license period of
sixty (60) days from the start of such sale, with an additional thirty (30) days granted, if necessary, at no
charge. (88-57)
32.08 SOCIAL CLUBS (2014-28)
a) Definition of Social Club: Any business or organization which is open to the public (either generally
open or available through the purchase of tickets or entry), the primary function of which is to offer, provide,
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Municipal Code - City of DeKalb
Chapter 32, “Business Regulations”
procure, make available, allow, suffer or permit entertainment to patrons, consisting of dancing and/or the
enjoyment of live or pre-recorded music, and/or the enjoyment of entertainment provided by dancers,
comedians, fighters/boxers/martial-artists or other performers, with or without food, in an indoor venue. A
Social Club shall not include: a) an establishment with a valid liquor license issued by the City of DeKalb; b)
theaters which seat patrons in parallel rows of fixed seats, with seating capacity of 1,000 patrons or more; c)
outdoor performances; d) any business, organization or event conducted by a component part of a unit of
government; e) full service restaurants that feature background music incidental to the primary function of
serving food; f) movie theaters with at least 4 separate theaters, each with fixed seating for 100 patrons or
more; or, g) fraternities or sororities that are recognized by, registered with and affiliated with Northern Illinois
University and which have a then-current charter/approval from the University.
b) License Required: It shall be unlawful to operate a Social Club, either as a fixed use within an
establishment or as a temporary or special event, without first obtaining a license issued by the City of DeKalb.
Violation of this Ordinance shall be punishable by a fine of not less than Seven Hundred and Fifty Dollars
($750.00) per occurrence, and each day that a violation exists shall be deemed to be a separate occurrence. In
addition, in the event that the City proves a violation of this Ordinance, the City shall be entitled to recover any
costs incurred by the City in responding to the violation or the entity generating the violation, including but not
limited to personnel and equipment costs for police or fire department responses to the establishment, or to
patrons entering or exiting the establishment.
c) License Application and Process:
1. Application shall be made to the City of DeKalb for a license under this Ordinance on a form
acceptable to the City Manager, substantially in the form of a liquor license application and containing the
same information as required on a liquor license application, with such additional information as shall be
required by the City Manager or designee (including details of operation, parking arrangements and any other
required information). The applicant shall be required to provide a detailed security plan for review and
approval by the Chief of Police or designee, and shall be required to designate one or more managers, at least
one of whom shall be on premises at all times that the establishment is in operation.
2. Applicants shall be required to comply with the provisions of City Code Section 38.06 for
provision of insurance (other than dram shop insurance). Proof of insurance shall be required at time of
application.
3. Applicants shall be required to obtain a Fire Life Safety License for their proposed establishment
prior to applying for a license under this Ordinance. Applicants shall also be required to complete any other
City applications and obtain any other City permits, permissions or inspections prior to application for a license
under this Ordinance.
4. Prior to issuance of a license under this Ordinance, the proposed establishment shall be fully built-
out and shall have been issued a certificate of occupancy. The establishment must be in full conformance with
all applicable local, state and federal regulations.
5. After satisfying all conditions precedent as outlined above, successfully completing a background
check for all owners and managers of the facility (utilizing the procedure utilized for liquor license
applications) and then submitting a completed application and posting the application deposit, the City shall
thereafter have a period of forty-five (45) days for staff review and evaluation of the application. Staff review
shall include any recommendations regarding public safety concerns, appropriateness of siting and zoning,
available parking, proximity to schools or other age-sensitive installations, noise generation, adequacy of site
lighting, and any other relevant considerations. If any conditions are discovered during such review that
Chapter 32 - 5
Municipal Code - City of DeKalb
Chapter 32, “Business Regulations”
constitute a violation of any applicable law, code, regulation or ordinance, the forty-five (45) day review period
shall be tolled until such point as the premises is brought into compliance with applicable codes.
6. Following staff review, the matter shall be forwarded to the City Council of the City of DeKalb at
a meeting occurring within forty-five (45) days of the date on which staff review is completed. The City
Council shall be provided with all staff recommendations and shall make the ultimate decision as to whether a
license should be granted or denied.
7. Submission of a signed application for a license and/or acceptance of a license under this
ordinance constitutes the applicant’s consent to an inspection of any and all portions of the licensed premises
by the City: 1) at any time during the normal business hours of the licensed premises, with or without advance
notice; or, 2) at such other time as the City shall designate to the applicant/licensee in writing, with not less
than 48 hours advance notice. Inspections pursuant to this consent may be conducted by any City personnel,
including Police Department, Building, Public Works, or Fire Department staff, the City Attorney, the City
Manager or other staff authorized by the City Manager, for purposes of determining compliance with the
provisions of this ordinance, or for purposes of determining compliance with any other applicable code or
regulation. The consent for inspection shall extend to any portion of the premises. An applicant or licensee’s
refusal to grant access to the premises for an inspection shall constitute grounds for denial of a pending
application (without refund of any posted application fees), and shall constitute a violation of this ordinance for
license holders, which may subject a licensee to suspension or revocation of their license, imposition of fines
and penalties under this ordinance, or both. All holders of a license must also hold a valid Fire Life Safety
License issued by the City.
d) Issuance of License: Upon conclusion of any consideration of a license application, the City Council
may grant or deny the license application. A license application may be continued from time to time, and the
City Council may require the conduct of a public hearing on the application; any publication or notice costs for
the public hearing shall be borne by the applicant. In approving a license, the City Council shall be authorized
to impose conditions on the license issuance relating to the conduct of the Social Club, the provision of
parking, security, site improvements, or such other terms as the City Council shall determine are necessary and
appropriate to ensure public safety. A license approved under this Ordinance may have a term that requires the
license to be submitted to City Council for renewal, or may be subject to renewal by the Mayor or City
Manager; the mechanism for renewal shall be described at the time of initial issuance.
1. Conditional Approval of License: The City Council may, but shall not be obligated to, approve
social club licenses for licensees who are otherwise eligible for issuance of a license, but whose place of
business has not been built-out, has not received a Fire-Life Safety License, is not yet eligible for issuance of a
final certificate of occupancy or is otherwise ineligible for operation because of non-compliance with any other
City Code or requirement. Such conditional licenses shall not permit occupancy of the premises until such
point in time as all required City permits and approvals have been received by the Licensee. At such time as all
other required City permits and approvals, including but not limited to a certificate of occupancy and final
inspection, have been provided, a conditionally issued license shall convert to an unconditional license, subject
to the terms of this Chapter 32. Should a Licensee fail, within a time specified by the City Council, to obtain all
required City permits and approvals including but not limited to a certificate of occupancy, the City Manager
shall be authorized to revoke the conditional license without any requirement of holding a public hearing or
providing any due process. Any applicant/Licensee who requests a conditional license under this subsection
shall execute a waiver agreeing and acknowledging the terms of this subsection, including the provisions
relating to revocation.
e) License Fees: The fee for applying for, obtaining and renewing a Social Club License, and the term of
such license, shall be the same as that utilized by the City of DeKalb for a Restaurant Liquor License under the
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Chapter 32, “Business Regulations”
then-current terms of Chapter 38 of the City Code of Ordinances.
f) Suspension or Revocation of License: The City may utilize any process outlined in City Code for the
suspension or revocation of any City-issued license as the process for suspension or revocation of the license
contemplated herein. Licenses may be suspended or revoked for any violation of any applicable code,
ordinance or statute.
g) Additional Restrictions:
1. It shall be unlawful to possess, sell, dispense, or permit to be possessed, sold or dispensed any item
at a Social Club which is either unlawful to sell or dispense, or which is regulated for distribution by age (e.g.
alcohol, tobacco or similarly age-restricted items). The licensee shall maintain adequate security procedures to
ensure that no person enters the establishment in violation of these provisions.
2. Once admitted to the Social Club, a person shall not be permitted to exit and re-enter the premises
sooner than the following business day (with business day defined based upon the hours of operation of the
establishment, and not occurring before such time as the establishment has fully closed and subsequently
reopened).
3. The hours of operation for a Social Club shall be fixed by the terms of licensure.
4. Any Social Club shall have illumination of at least 5 foot candles at floor level at all times that the
Social Club is in operation.
5. It is the licensee’s duty to prevent loitering, nuisances or disturbances of the peace by patrons of
the Social Club on the premises or in the immediate vicinity thereof, and to clean all litter and remediate all
graffiti or other damage generated by patrons of the Social Club on the premises or in the immediate vicinity
thereof, within two hours of Social Club closure on any given day.
6. No licensee, his agent or employee shall allow or permit any person to perform acts of or acts
which simulate: a) sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any
sexual acts which are prohibited by law; b) the actual or simulated touching, caressing or fondling of the breast,
buttocks, anus or genitals; c) the actual or simulated displaying of the pubic hair, anus, vulva or genitals; d) the
actual or simulated displaying of the breast so as to expose the nipple of the female breast; e) the displaying of
films or pictures depicting acts, a live performance of which is prohibited by a), b), c) or d) above. No
licensee, his agent or employee shall allow or permit any person to remain in or upon the licensed premises
who exposes in public view any portion of his or her genitals or anus.
7. Each licensee shall provide at least one public telephone for outgoing calls only for each 125
patrons (based upon the maximum occupancy of the premises). No licensee shall permit sound or vibration
exceeding 90 decibels measured with a standard meter "A" scale within two feet of any public telephone
receiver or audible at such level on the outside of any exterior wall of the premises located more than ten feet
from a doorway of the licensed premises. No public telephone shall be provided on the premises for incoming
calls
8. The license issued hereunder shall be non-transferrable and non-assignable, issued to the license
holder only. The determination of what constitutes a transfer or assignment of the license shall utilize the same
procedure and regulations as applicable to a liquor license.
9. The licensee shall deliver to the chief of police, no later than 72 hours before any scheduled
Chapter 32 - 7
Municipal Code - City of DeKalb
Chapter 32, “Business Regulations”
special event occurring at a licensed premises, true and accurate copies of any and all advertisements of
whatever nature therefore used to advertise or promote the event. The licensee shall also include prior to any
such advertised event:
(a) The number of employees and/or performers to be used for the event;
(b) Designation of the individual who will be available prior to and during the event and who shall
have authority to accept complaints, notice of violations, or take corrective action as required by proper
officials of the city;
(c) A security plan with an acknowledgment that any changes to the security plan must be
submitted to the chief of police in writing one business day before the event, and the security plan must be
followed without any changes unless such change has been submitted to the chief of police in writing and he
has approved it prior to the event being opened;
(d) Security personnel shall be required for the maximum capacity of the event as determined by
the maximum occupancy of the premises under city's ordinance unless attendance is limited to a lesser number;
(e) Inspections may be conducted by the city to ensure compliance with its codes and ordinances;
(f) No members of the general public shall be allowed admittance prior to the opening of the
event;
(g) Only one such event per evening shall be allowed;
(h) Automatic counters are required to be used prior to entry into the licensed premises to
determine occupancy of the premises;
(i) Tickets may be sold before the event with the number of tickets sold limited to the occupancy
limit of the premises for patrons, and after all said tickets have been sold, the licensee shall post a sign stating
that the event is "Sold Out."
Chapter 32 - 8
ARTICLE 14
PERMITS
The use made of property may not be substantially changed; substantial clearing, grading or excavation may not
be commenced; and buildings or other structures may not be constructed, erected, moved or substantially altered,
without obtaining a permit (or permits) as specified below.
14.01 Building Permit
It shall be unlawful to construct, enlarge, alter or demolish a structure; or change the occupancy of a building or
structure requiring greater strength, exit or sanitary provisions; or to change to another use; or to install or alter any
equipment for which provision is made or the installation of which is regulated by the City's Building Code, without
first filing an application for a building permit per Chapter 24 "Building Code" of the DeKalb Municipal Code. In
addition to the requirement that the application meets building code and other applicable codes, it shall also be in
compliance with the provisions of this Ordinance.
14.02 Certificate of Use and Occupancy
14.02.01 Certificates
1. A Certificate of Use and Occupancy shall be issued by the Director of Community Development prior to
the use or occupancy, in whole or in part, of a newly constructed building, altered building or change in
use made in a building, or of a property. Said certificate shall be issued in accordance with Chapter 24
"Building Code" of the DeKalb Municipal Code.
2. Prior to the issuance of a Certificate of Use and Occupancy, the Applicant shall provide the City Engineer
a Certificate of Compliance, completed and certified by a licensed surveyor or a registered civil engineer,
verifying that the parcel’s final elevations are in compliance with the permit grading plan elevations.
Finished ground elevations, with sod in place or area having evidence of turf, shall be within 0.10 foot of
proposed grading elevation. Finished foundation wall elevation shall be no greater than 0.10 foot lower or
0.25 foot higher than the permit grading plan elevation. (ORD 06-19)
14.02.02 Temporary Certificate
The Director of Community Development may issue a temporary Certificate of Use and Occupancy where the
approved plan has been substantially complied with, but the owner or developer is prevented from complete
compliance by reasons of occurrences beyond his control. Prior to issuance of the temporary Certificate of Use
and Occupancy, the owner shall file with the City, for the use of the City, one of the following: a corporate surety
bond issued by an Illinois insurance company or one licensed to do business in the State of Illinois; a letter of
credit from an appropriate financial institution; or a cash deposit. Forms for these financial assurances are
available from the Director of Community Development.
14.03 Special Use Permit
14.03.01 Purpose
In addition to those uses specifically classified and permitted in each district, there are certain additional uses
which may be desirable to allow because of the service they provide to the public. However, because of their
unusual and unique characteristics and impacts, these "special uses" (to some referred to as "conditional uses")
require particular consideration as to their proper location in relation to adjacent established or intended uses or
with respect to site layout, traffic circulation, etc. The special uses itemized in each zoning district (see Article 5,
"Zoning District Regulations") require a special use permit. The ordinance adopted by the City Council that
authorizes a special use shall serve as the special use permit.
Updated June 2013 14-1 January 2007 Edition
14.03.02 Initiation of a Special Use Permit
Special Use Permits may be initiated by the City Council or the Plan Commission, or which may be initiated by
them in response to a request by any City Board or staff member. A Special Use Permit may also be requested by
the owner(s), or authorized representative(s) of the owner(s), of the property proposed for the Special Use Permit
provided an appropriate application for such is submitted in accordance with this section.
14.03.03 Application for a Special Use Permit
1. An application form for a Special Use Permit shall be filed with the City Clerk. The application form is
available from the Department of Community Development. In addition to submitting the completed
application, the applicant shall be required to submit the following information:
a. Legal owners of the property(s) proposed for the Special Use Permit. If the property is held in an
Illinois Land Trust, a Statement of Beneficiary Interest is also required.
b. Legal description of the property(s) proposed for the Special Use Permit.
c. Common street address of the property(s) proposed for the Special Use Permit.
d. Size of the property (in square feet or acres).
e. Current zoning of the property and its proposed special use.
f. Narrative description of the various specific components of the special use and the reasons for
requesting the Special Use Permit.
g. Estimated impact of the special use on the surrounding properties.
h. Vicinity map showing the property proposed for the Special Use Permit and its surrounding area.
2. The applicant for a Special Use Permit shall submit a site plan that includes, but is not necessarily
limited to, the following information.
a. The approximate location, designated uses, and square footage of floor areas of existing and
proposed buildings and structures.
b. Where applicable, the approximate location of all existing and proposed curbcuts, driveways, off-
street parking spaces and loading areas, traffic circulation patterns, adjoining street pavement and
right-of-way widths, sidewalks, landscaping, screening, open space areas, signage, lighting,
sanitary sewer and water utilities, and other related site plan features.
c. The property's existing and proposed grades, the direction of stormwater flow, and the appropriate
location of existing and proposed drainage facilities.
d. Two (2) cross section profiles through the site showing preliminary building form and other
structural elevations.
e. Tree survey, which means an aerial photograph or drawing to scale (one inch equals 200 feet or
smaller ratio) which provides the following information:
(1) Location of all trees,
(2) Common names of all trees,
(3) Diameter breast height of each tree
(4) Age of tree
(5) Overall health of the tree
(6) Life expectancy
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3. At the time of submitting an application for a Special Use Permit, the applicant may submit to the City
certified petitions of signatures of area residents supporting the proposed Special Use Permit. Such
petitions are optional.
4. At the time of submitting an application for a Special Use Permit, the applicant shall also furnish to the
City a list of owners and their mailing addresses of all property within two-hundred fifty (250) feet of the
property that is the subject of the proposed special use. This distance shall be measured in all
directions from the boundaries of the subject property and shall not include distances devoted to
adjoining or nearby public right-of-ways. In all instances, the furnished list shall include the names and
addresses of a minimum of ten (10) property owners. Should the two-hundred fifty (250) foot notification
area not result in list of ten (10) property owners, then the notification area shall be appropriately
expanded until this minimum has been met. In expanding the notification area, preference shall be
given towards those properties comprised of urban-sized lots or in areas most likely to be affected by
the proposal.
14.03.04 Public Notice Requirement
1. The Director of Community Development shall be responsible that notice of the time, date, and place of
required public hearing, along with a legal description of the property that is the subject of the public
hearing, be given not more than thirty (30) nor less than fifteen (15) days before the hearing by
publishing a notice thereof at least once in a newspaper having general circulation in the City of DeKalb.
2. The Director of Community Development shall mail a notice of the public hearing to those property
owners whose names are furnished by the applicant. Notice of the public hearing shall also be mailed to
all applicable governmental agencies, including but not limited to: School District, Park District, Sanitary
District, Drainage District, and the Soil and Water Conservation District.
3. The Director of Community Development may require the applicant to erect a sign or signs on the
subject property not less than fifteen (15) days before the scheduled public hearing by the Plan
Commission. The sign(s) shall have on their surface a notice that the property is to be the subject of a
public meeting and shall not be removed until the City Council has taken final action on the special use
permit. There shall be one (1) sign erected for every public street frontage and it shall be clearly visible
from the adjacent or nearest public rights-of-way.
All signs shall be furnished by the City after receiving from the applicant any appropriate deposits. The
deposits shall be returned to the applicant upon the timely return of the sign or signs in good condition.
14.03.05 Special Use Permit Review Procedure
1. The Director of Community Development shall review the application for the Special Use Permit. The
Director of Community Development shall solicit the opinions and comments of other City staff members
and, along with the comments received from property owners, governmental agencies, etc., shall
forward to the Plan Commission his/her recommendations of approval or denial of the Special Use
Permit or approval with conditions placed on the Special Use Permit.
2. The Plan Commission shall hold a public hearing and shall consider the Special Use Permit and relevant
facts presented by the applicant or his/her representative, City Staff, other governmental agencies, or by
any interested citizen. Once the Plan Commission is satisfied that they have heard all relevant facts,
they shall recommend to the City Council that the Special Use Permit be approved or denied.
Alternatively, the Plan Commission may approve the Special Use Permit with conditions. Such
conditions may include, but are not limited to, one or more of the following: size, height, and location of
proposed buildings and structures; landscaping and screening; parking and loading areas; signage;
traffic flow and access requirements; lighting; hours of operation; open-space areas; drainage and
stormwater facilities; or architectural and engineering features. These conditions shall be in addition to
any regulations contained in the underlying zoning district or other applicable regulations of the City. In
making their recommendation, the Plan Commission shall consider and adopt findings in each of the
following:
Updated June 2013 14-3 January 2007 Edition
a. The proposed special use complies with all provisions of the applicable district regulations.
b. The proposed special use will not be unreasonably detrimental to the value of other property in the
neighborhood in which it is to be located or to the public welfare at large.
c. The location and size of the special use, the nature and intensity of the operation involved in or
conducted in connection with it, and the location of the site with respect to streets giving access to it
are such that the special use will not dominate the immediate neighborhood so as to prevent
development and use of neighboring property in accordance with the applicable zoning district
regulations. In determining whether the special use will so dominate the immediate neighborhood,
consideration shall be given to:
(1) The location, nature and height of buildings, structures, walls and fences on the site; and
(2) The nature and extent of proposed landscaping and screening on the proposed site.
d. Adequate utility, drainage and other such necessary facilities have been or will be provided.
e. The proposed use, where such developments and uses are deemed consistent with good planning
practice, or can be operated in a manner that is not detrimental to the permitted developments and
uses in the district; can be developed and operated in a manner that is visually compatible with the
permitted uses in the surrounding area; shall in all other respects conform to the applicable
regulations of the district in which it is located; and is deemed essential or desirable to preserve
and promote the public health, safety and general welfare of the City of DeKalb.
3. Upon receipt of the Plan Commission's recommendation, the City Council shall consider the proposed
Special Use Permit. The adoption of an ordinance that affirms, affirms in part, or reverses the Plan
Commission's recommendation on the Special Use Permit shall require a favorable vote of a simple
majority of the City Council members present.
14.03.06 Special Use Permit Terms and Limitations
1. Permit Effective Date. The permit shall become effective upon adoption of the appropriate ordinance by
the Council. In the event that a Special Use Permit is filed in conjunction with a change of zoning, the
permit shall not become effective until the date of enactment of the ordinance authorizing the zoning
change. In the event that some additional approval is required by some other governmental authority or
agency, the permit shall not become effective until that approval is received.
2. Site Plan Approval. Upon issuance of a Special Use Permit, but prior to the issuance of a building
permit, the petitioner shall submit a site plan which conforms to the conditions of the Special Use Permit
and the underlying zoning district regulations for review and approval in accordance with the procedures
established in Article 17, "Site Plan Review Requirements."
3. Time Limit of Special Use Permits. Special Use Permits shall be valid for an unlimited period unless a
lesser period shall be provided in a particular permit. Prior to the expiration of the time limit specified in
a particular permit, the property owner may request that the Special Use Permit be reviewed by the
Council, which may extend it for an unlimited period or for a specified additional period of years.
4. Failure to Commence Construction or Operation. Unless otherwise stated in the conditions of a
particular Special Use Permit, substantial construction or operation of the special use where
construction is not required shall commence within two (2) years of the effective date of the permit
unless such time period is extended through appeal to and approval by the Council. If no appeal is
made or no extension of time is received or granted, the permit shall immediately terminate upon
expiration of the one (1) year period.
5. Revocation of Special Use Permit. Upon a finding that an approved Special Use Permit will or has
become unsuitable and/or incompatible in its location as a result of any nuisance or activity generated by
Updated June 2013 14-4 January 2007 Edition
the use, the Council shall have the authority to revoke the permit after affording the current property
owner the right to be heard.
6. Transferability. All Special Use Permits shall be approved for the specific tract or parcel of land, and
may not be transferred to any other location. An approved Special Use Permit is transferrable to any
subsequent land owner.
7. Procedure to Amend Approved Special Use Permit. Any expansion, increase in extent of operation, or
other changes made to a special use beyond that which was designated on the original Special Use
Permit application and/or authorized by ordinance by the City Council, shall be considered an
amendment to the Special Use Permit. In order to amend an existing Special Use Permit, the
application procedures, required materials, and approval process shall be the same as for a new permit.
14.04 Floodplain Permit
No person shall commence any construction, substantial improvement, subdivision of land, placement of
manufactured homes or other development in areas located in a floodplain (A Zone) without first obtaining a
floodplain permit from the Director of Community Development. The Director shall not issue such permit for any
construction, substantial improvement or other development that does not comply with the provisions of Article 11
"Floodplains, Floodways, Stormdrainage and Erosion", or that has been denied a permit required by Federal or
State Law, including Section 404 of the Federal Water Pollution Control Act, 1972, 33 U.S.C. 1334.
14.05 Flood Elevation Certificate
When construction is proposed on a lot which is partially within the floodplain and no change or construction is
proposed involving land below the floodplain elevation, a flood elevation certificate may be issued by the Director
of Community Development. Prior to issuance of the permit, the owner shall submit a plan, sealed by a Illinois
Registered Land Surveyor, certifying the location of the floodplain and any proposed construction or
improvements.
14.06 Grading Permit
No person shall construct, alter, relocate, remove or destroy any ditch, drain or drainage structure upon any real
property within the City, whether subdivided or not, without obtaining a grading permit. No person shall alter the
contours of any real property within the City, whether subdivided or not, so as to change the flow of water into or
through any ditch, drain or drainage structure without obtaining a grading permit. Any person desirous of obtaining
a grading permit shall make application to the Director of Community Development on a form provided by said
Director. Said Director shall not issue a grading permit if the application does not comply with the provisions of
Article 11, "Floodways, Floodplains, Stormdrainage and Erosion", Section 11.02.
14.07 Temporary Use Permits
The Director of Community Development is authorized to issue a permit for a temporary use provided it meets the
requirements of this section. The permit shall be issued for a specified period of time; shall contain health, safety
and traffic provisions; and may require such assurances or guarantees of compliance with stated provisions as is
reasonable and appropriate under the circumstances.
14.07.01 Temporary Uses Permitted
1. Christmas Tree Sales: Christmas tree sales for a period not to exceed sixty (60) days. Display of
Christmas trees need not comply with the applicable yard setback requirements provided that no display
will encroach within the required yard setback for any district by more than fifty (50%) percent and no
display or equipment shall be located within the twenty-five (25) foot sight distance triangle of a street
intersection as defined in this Ordinance. A deposit of one hundred ($100) dollars shall be made to the
Director of Community Development at the time of issuing the temporary use permit for Christmas tree
sales.
Updated June 2013 14-5 January 2007 Edition
If the site is promptly cleared and cleaned (within ten (10) days after the permit expires), then the
Director shall return the deposit, in a timely manner, to the individual, corporation or organization to
which the permit was issued.
2. Contractor's and Real Estate Sales Offices: Temporary buildings or trailers may be used as
construction offices, real estate sales offices, field offices or for storage of materials to be used in
connection with the development of a tract of land, provided that said temporary structures are removed
from said tract within thirty (30) days after completion of the project development. Temporary buildings
or trailers must also be removed from said tract within thirty (30) days after voluntary suspension of work
on the project or development or after revocation of building permits, or on order by the Director of
Community Development upon a finding by him/her that said temporary structure is deemed hazardous
to the public health and welfare. A bond in the amount of one thousand ($1,000) dollars for their
removal shall be posted with the City.
3. Amusement Devices: The Director of Community Development is authorized to issue a permit for the
installation of amusement devices on a temporary basis within any zoning district, provided that said
permit shall not be valid for more than ten (10) consecutive calendar days and further provided that no
permit shall be valid without a license to operate said amusement devices as required by Chapter 34,
"Amusements", of the Municipal Code. The Director may, in regard to any given site, designate the
hours and days of the week of operation and the specific location of the amusement devices on the
property. No more than two such permits shall be issued in any calendar year with regard to any
particular property. For the purpose of this paragraph, "amusement device" includes those devices
enumerated in Chapter 34 of the Municipal Code.
4. Amusement Activities: The Director of Community Development is authorized to issue a permit for the
operation or conducting of an amusement activity on a temporary basis within any zoning district. For
the purpose of this paragraph, "amusement activity" includes a circus, carnival, fair, art display, trade or
animal show, concert, dance, rally, parade, athletic competition and any similar activity not involving the
erection of any permanent structure or facility. The permit shall be issued for a specific period of time
not exceeding ten (10) days. The permit shall contain such conditions as are necessary for the
protection of public health, safety and welfare. The Director may require such assurance or guarantee
of compliance with conditions as is reasonable and appropriate under the circumstances. This permit is
in addition to any building permit, air pollution device construction or operating permit, highway special
use permit, or other permit or license required by law for any proposed activity or facility. No more than
two temporary amusement activity permits shall be issued in any calendar year with regard to any
particular property; provided, however, that this limitation with respect to the number of temporary
amusement activity permits shall not apply to public property, nor to property not held for private or
corporate profit and used exclusively for religious worship, for schools and colleges, for purposes purely
charitable, or for agricultural and horticultural societies.
5. Temporary Outdoor Sales: The Director of Community Development is authorized to issue a permit for
temporary outdoor sale activities. For purposes of this paragraph, "Outdoor Sales" includes sidewalk
sales, roadside sales and tent sales. The Directory may designate the hours and days of the week of
operation. The permit shall be issued for a specific period of time and contain such conditions as are
necessary for the protection of public health, safety and welfare. The Director may require such
assurance or guarantee of compliance with conditions as is reasonable and appropriate under the
circumstances.
14.08 Sign Permits
It shall be unlawful for any person to erect, alter, or relocate within the City, any sign as regulated in Article 13,
"Signs", without first obtaining a sign permit or a temporary sign permit, as the case may be, from the Director of
Community Development. All illuminated signs, shall, in addition, be subject to all the applicable electrical
provisions of Chapter 25, "Electrical Regulations", of the DeKalb Municipal Code.
14.08.01 Application for a Sign Permit
Updated June 2013 14-6 January 2007 Edition
Application for a sign permit shall be made upon forms provided by the Director of Community Development and
shall contain or have attached thereto the following information:
1. Name, address and telephone number of the applicant.
2. Location of building, structure, or lot to which or upon which the sign or other advertising structure is to
be attached or erected.
3. Position of the sign or advertising structure in relation to adjacent property and/or buildings or structures.
4. Two blue prints or ink drawings to scale of the plans and specifications and method of construction,
attachment to the building or other structure or placement in the ground.
5. Structural components shall comply with Chapter 24, "Building Code", of the DeKalb Municipal Code.
6. Name of person or company intending to erect the sign.
7. Such other information as the Director of Community Development shall require to show full compliance
with this Article and any of the ordinances of the City.
14.08.02 Permit Issued if Application in Order
It shall be the duty of the Director of Community Development, upon the filing of an application for a sign permit, to
examine such plans, specifications, and other data, and the premises upon which it is proposed to erect the sign.
If the proposed sign complies with the requirements of this Article and Article 13, "Signs", of this Ordinance and if
the appropriate permit fee has been paid, a sign permit shall be issued.
14.08.03 Revocation of Permit
Any permit issued shall become invalid if the authorized work is suspended or abandoned for a period of six (6)
months after the time of commencing the work, or of obtaining the permit. Upon the termination or revocation of
the permit, the permittee shall remove the sign and supports without cost or expense of any kind to the City;
provided that in the event of the failure, neglect or refusal on the part of the permittee to do so, the City may
proceed to remove the same and charge the expenses to the permittee.
14.09 Permit Fees
The fees for all permits herein addressed shall be as established by the City of DeKalb in Chapter 9,
"Establishment of Fees", and Chapter 24, "Building Code", of the DeKalb Municipal Code as revised. A fee
schedule is available for review at the Department of Community Development office.
14.10 Permissible Uses Not Requiring Permits
Notwithstanding any other provisions of this Ordinance, or the DeKalb Municipal Code, no building permit or
special use permit is necessary for the following uses:
1. Streets;
2. Electric power, telephone, telegraph, cable television, gas, water, and sewer lines, wire or pipes,
together with supporting poles or structures, located within a public right-of-way or an easement;
3. Neighborhood utility facilities located within a public right-of-way or an easement with the permission of
the owner (state, county, township or city) of the right-of-way.
14.11 Who May Submit Permit Applications
Updated June 2013 14-7 January 2007 Edition
1. Applications for permit(s) will be accepted only from persons having the legal authority to take such
action. By way of illustration, in general this means that applications should be made by the owners or
lessees of property, or their agents, or persons who have contracted to purchase property contingent
upon their ability to acquire the necessary permits under this Ordinance, or the agents of such persons
(who may make application in the name of such owners, lessees, or contract vendees);
2. The Director of Community Development may require an applicant to submit evidence of his authority to
submit the application in accordance with paragraph 1 whenever there appears to be a reasonable basis
for questioning this authority.
14.12 Permit Denial
Application for any of the permits listed herein shall be denied if it does not comply with the applicable code or this
Ordinance, subject to the right of appeal to the Zoning Board of Appeals or Building Board of Appeals.
Additionally, if the applicant is a defaulter of the City, the permit shall be denied. For purposes of this Section,
"defaulter" shall mean:
1. The applicant or owner of the property did not make a required payment under the Rehabilitation Loan
Program, or any similar program on the date the payment was due; or
2. The applicant or owner of the property has any outstanding financial obligation to the City of DeKalb,
including, but not limited to, past due water bills, past due special assessment payment, past due tax
payments, past due license fees, past due loan payments, parking ticket violations, weed and nuisance
abatement fine or liens, ordinance violation fines, or any other payment owed to the City of DeKalb.
Updated June 2013 14-8 January 2007 Edition
ARTICLE 18
APPEALS AND VARIANCES
18.01 Board of Appeals
The Board of Appeals has been duly established by the City Council of DeKalb, Illinois. Except as provided
for in Article 16, "Administration and Enforcement," the Board of Appeals is authorized to take action on
appeals and variances with regard to this Ordinance and other applicable Illinois State Statutes. Rules and
procedures governing the conduct of the Board are contained in its adopted bylaws and as may be amended
from time to time.
18.02 Appeals
An appeal may be taken to the Board of Appeals by any person aggrieved, or by an officer, department, board
or commission of the City affected by a decision of the Director of Building and Community Services or other
City staff member relative to this Ordinance. Such appeal shall be taken within forty-five (45) days of the
action complained of by filing with the Director of Building and Community Service a notice of appeal,
specifying the grounds thereof and by paying a fee to the City of DeKalb of such amount as may be
established from time to time by the City Council. The Director of Building and Community Services shall
forthwith transmit to the Board all of the papers constituting the record upon which the appeal action was
taken.
An appeal shall stay all proceedings in furtherance of the action that has been appealed, unless the Director of
Building and Community Services certifies to the Board of Appeals, after the notice of appeal has been filed
with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to
life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order, which
may be granted by a court of record on application, on notice to the Director of Building and Community
Services and on due cause shown.
The Board shall hear appeals under this Ordinance and as to any such appeal shall follow the rules herein
contained.
18.02.01 Hearing Required
The Board shall hear an appeal at one of their regularly scheduled meetings and give due notice thereof to the
parties and shall render a decision of the appeal without unreasonable delay. No hearing shall be held upon
an appeal unless the parties thereto receive at least seventy-two (72) hours notice of such hearing. Any party
to the proceeding may appear and testify at the hearing, either in person or by duly authorized agent or
attorney.
18.02.02 Decision
1. The Board may reverse or affirm wholly or partly or may modify or amend the order, requirement,
decision, or determination appealed from to the extent and in the manner that the Board may decide
to be fitting and proper, and to that end the Board shall also have all the powers of the officer from
whom the appeal is taken.
The concurring vote of four (4) members of the Board shall be necessary to reverse any order,
requirements, decision or determination of the Director of Building and Community Services or other City
staff member or to decide in favor of the applicant.
2. All final orders, requirements, and decisions of the Board shall bear the signature of the Chairman
(or Acting Chairman if the Chairman is unavailable). It shall be the duty of the secretary of the
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Board to give proper notification of the final orders, requirements, and decisions and draft them if
so instructed by the Board.
18.03 Variances
When a property owner shows that a strict application of the terms of this Ordinance relating to the
construction or alteration of buildings or structures imposes upon him practical difficulties or particular
hardship, then the Board may determine and vary their application of the regulations of this Ordinance in
harmony with their general purpose and intent when the Board is satisfied under the evidence heard before it
that a granting of such variation will not merely serve as a convenience to the applicant, but is necessary to
alleviate some demonstrable hardship or difficulty so great as to warrant a variation from the strict letter of the
regulations of this Ordinance. No variance shall authorize a use not among the uses specified by this
Ordinance, as permitted in the zoning district in which such property is located.
18.03.01 Hearing Required.
No variation shall be made by the Board of Appeals except after a public hearing of which notification of time
and place of the hearing shall be provided in the following manner:
1. At the time of submitting an application for a variance, the applicant shall furnish to the City a list of
owners and their mailing addresses of all property within two-hundred fifty (250) feet of the property
that is the subject of the proposed variance. This distance shall be measured in all directions from
the boundaries of the subject property and shall not include distances devoted to adjoining or
nearby public rights-of-way. In all instances, the furnished list shall include the names and
addresses of a minimum of ten (10) property owners. Should the two-hundred fifty (250) foot
notification area not result in list of ten (10) property owners, then the notification area shall be
appropriately expanded until this minimum has been met. In expanding the notification area,
preference shall be given towards those properties comprised of urban-sized lots or in areas most
likely to be affected by the proposal.
2. The City shall have published in a newspaper having general circulation in the City of DeKalb a
notice of the public hearing. Said publication shall appear not less than fifteen (15) days nor more
than thirty (30) days prior to the scheduled public hearing and shall contain the time, date, location,
and purpose of the public hearing and a legal description of the property that is the subject of the
public hearing.
3. The City shall mail a notice of the public hearing to those property owners whose names are
furnished by the applicant. The City shall also mail a notice of the public hearing to all applicable
governmental agencies, including but not limited to: School District, Park District, Sanitary District,
Township, Drainage District and Soil and Water Conservation District.
18.03.02 Application Procedures
1. Application: The petitioner shall submit an application, on forms available from the Department of
Building and Community Services. The application shall also include the following information.
a. The legal and common description of the property on which the variance is to be considered.
b. The variance requested, and the reasons for the request.
c. The property's present zoning classification.
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d. A site plan showing the subject property and its dimensions.
e. The location of all existing and proposed buildings, structures and other improvements,
building sizes including square footage, and their distances from adjacent lot lines.
f. List of owners and their mailing addresses as required in Subsection 18.03.01.
g. Any other information which the Board of Appeals requests.
2. Burden of Proof: In submitting an application for a variance, the burden of proof shall rest with the
applicant to clearly establish that the findings of fact required in Subsection 18.03.03, Paragraph 2
are met.
18.03.03 Hearing Procedures
1. The procedure for a hearing shall be as follows:
a. Parliamentary procedure for all Board meetings shall be governed by Robert's Rules of Order
when not addressed by this document or other applicable State Statute or local ordinance.
b. All witnesses shall be sworn, and all parties or persons who are not attorneys shall be sworn.
c. The appellant shall begin by presenting his case which may include the presentation of
documents, etc., and the calling of witnesses for examination by the appellant.
d. The appellee shall have an opportunity to cross-examine all witnesses after each has testified
and examined all documents.
e. The appellee shall present his case which may include the presentation of documents, etc.,
and the calling of witnesses for examination by the appellee.
f. The appellant shall have an opportunity to cross-examine all witnesses after each has
testified and examined all documents.
g. The appellant shall be given fifteen (15) minutes to summarize as shall the appellee, in that
order.
h. A representative of the City of DeKalb may testify for either party or appear on behalf of the
City of DeKalb.
i. No person not a party to the hearing or a representative of the City shall have a right to testify
unless formally called by a party to the hearing or the City at the appropriate times mentioned
above. The Board reserves the right to call expert witnesses or postpone a hearing date until
such time as said witness may be contacted to testify.
j. The Board reserves the right to question the appellant, appellee, and/or witnesses who may
give testimony at any time during the hearing.
k. The Board reserves the right to impose time limits upon any party giving testimony. (Ord. 93-
63)
2. Findings of Fact: Upon review of the application and information presented at the public hearing,
the Board shall consider and adopt findings of fact sustaining each of the following criteria, which
are consistent with the rules provided to govern determinations of the Board of Appeals as
referenced by the Illinois Compiled Statutes.
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a. The property in question cannot yield a reasonable return if permitted to be used only under
the conditions allowed by the regulations in that district.
b. The extraordinary or exceptional conditions of the property, requiring the request for the
variance, were not caused by the applicant.
c. The proposed variance will alleviate a peculiar, exceptional, or undue hardship, as
distinguished from a mere inconvenience or pecuniary hardship.
d. The denial of the proposed variance will deprive the applicant the use of his/her property in a
manner equivalent to the use permitted to be made by the owners of property in the
immediate area.
e. The proposed variance will result in a structure that is appropriate to and compatible with the
character and scale of structures in the area in which the variance is being requested.
3. Variances: When a property owner shows that a strict application of the terms of this ordinance
relating to the construction or alteration of buildings or structures imposes upon him practical
difficulties or particular hardship, then the Board may grant a variance to said ordinance in harmony
with its general purpose and intent, when the Board is satisfied under the evidence heard before it,
that a granting of such variation will not merely serve as a convenience to the applicant, but is
necessary to alleviate some demonstrable hardship or difficulty so great as to warrant a variation
from the comprehensive plan by this ordinance created and set forth, in the following instances:
a. To permit the extension of a district where the boundary line of a district provides a lot in
single ownership as shown of record.
b. To permit the reconstruction of a non-conforming building which has been destroyed or
partially destroyed by fire or act of God where the Board shall find some compelling public
necessity requiring a continuance of the non-conforming use and in no case shall such a
permit be issued if its primary function is to continue a monopoly.
c. To permit the erection of a building in any location for a public service corporation for public
utility purposes which the Board deems reasonably necessary for the public convenience or
welfare.
d. To make a variance where, by reason of an exception situation, surroundings, or condition of
a specific piece of property, or by reason of exceptional narrowness, shallowness or shape of
a specific piece of property or record, or by reason of exceptional topographical conditions the
strict application of any provision of this ordinance would result in peculiar and exceptional
practical difficulties or particular hardship upon the owner of such property and amount to a
practical confiscation of property as distinguished from a mere inconvenience to such owner,
provided such relief can be granted without substantial detriment to the public good and
without substantial detriment to the public good and without substantially impairing the
general purpose and intent of the comprehensive plan as established by the regulations and
provisions contained in this ordinance.
e. To interpret the provisions of this ordinance where the street layout actually on the ground
varies from the street layout as shown on the map fixing the several districts which map is
made a part of this Ordinance.
In considering all proposed variations to this Ordinance, the Board shall first determine that the
proposed variation will not impair an adequate supply of light and air to adjacent property or
unreasonably increase the congestion in public streets, or increase the danger of fire or endanger
the public safety, or unreasonably diminish or impair established property values within the
surrounding area, or in any other respect impair the public health, safety, comfort, morals, or
welfare of the inhabitants of the City of DeKalb. The concurring vote of four (4) members of the
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Board shall be necessary to reverse any order, requirement, decision, or determination of the
Building and Community Services Director or to decide in favor of the applicant any matter upon
which it is authorized by this Ordinance to render decision, or to effect any variance. (Ord. 93-63)
4. Non-conformity as Basis for Variance: The existence of any non-conformity anywhere in the City
shall not itself be considered grounds for the issuance of a variance for other property.
5. Conditions imposed on Variances:
a. In granting variances, the Board may impose such reasonable conditions as will ensure that
the use of the property to which the variance applies will be as compatible as practicable with
the surrounding properties.
b. A variance may be issued for an indefinite duration or for a specified duration only.
c. The nature of the variance and any conditions attached to it shall be entered on the face of
the Board's order, or the Board's order may simply note the issuance of the variance and
refer to the written record of the variance for further information. All such conditions are
enforceable in the same manner as any other applicable requirement of this Ordinance.
6. Notification of Decision: All final orders, requirements, and decisions of the Board shall bear the
signature of the Chairman (or Acting Chairman if the Chairman is unavailable). It shall be the duty
of the secretary of the Board to give proper notification of the final orders, requirements and
decisions and draft them if so instructed by the Board.
7. Period of Validity: No order of the Board permitting the erection or alteration of a building shall be
valid for a period longer than six months, unless a building permit for such erection or alteration is
obtained within such period and such erection or alteration is started and proceeds to completion in
accordance with the terms of such permit.
No order of the Board permitting a use of a building or premises shall be valid for a period longer
than six (6) months, unless such use is established within such period; provided, however, that
where such use is permitted is dependent upon the erection or alteration of a building, such order
shall continue to force and effect if a building permit for said erection or alteration is obtained within
such period and such erection or alteration is started and proceeds to completion in accordance
with the terms of such permit.
18.04 Appeal of Final Actions
No decision of the Board shall be subject to review, reversal or modification by the City Council but shall be
subject to judicial review pursuant to the provisions of the Code of Civil Procedure concerning Administrative
Review Law.
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ARTICLE 19
NON-CONFORMING SITUATIONS
19.01 Scope of Provisions
The provisions of the section shall apply to all non-conforming uses, lands and structures. A non-conforming land
use or structure is one which existed lawfully, whether by variance or otherwise, on the date this Ordinance or any
amendment thereto became effective, and which fails to conform to one or more of the applicable regulations of
this Ordinance or such amendment thereto.
19.02 Statement of Intent
Non-conforming situations may be incompatible with, and detrimental to, permitted land uses and structures in the
zoning districts in which they are situated; may inhibit present and future development of nearby properties; and/or
may confer upon their owners and users a position of unfair advantage. Non-conforming situations should be
abolished or brought to conformity as quickly as the fair interest to the parties will permit.
19.03 Non-Conforming Uses of Lots
Where, on the date of adoption or amendment of this Ordinance, a lawful use of a parcel or lot, on which no
buildings exist, no longer conforms to the provisions of this Ordinance or amendment thereto, such principal use
may be continued so long as it remains otherwise lawful, subject to the following provisions:
1. No such non-conforming use of a parcel or lot shall be enlarged, expanded or extended to occupy a
greater area of land than was occupied on the date of adoption or amendment of this Ordinance and
no additional accessory use, building or structure shall be established thereon.
2. No such non-conforming use of a parcel or lot shall be moved in whole or in part to any other portion of
such parcel or lot not so occupied on the date of adoption of this Ordinance or amendment thereto or
to a parcel or lot not in conformance with this Ordinance.
3. When a non-conforming use of a parcel or lot is discontinued or abandoned for more than six (6)
months (except where government action prevents access to the premises), the parcel or lot shall not
thereafter be used except in conformance with the regulations of the district in which it is located.
19.04 Non-Conforming Buildings and Structures
Where, on the date of adoption or amendment of this Ordinance, a lawful building or structure exists that could not
be built under the regulations of this Ordinance, or amendment thereto, by reason of restrictions upon lot area, lot
width, lot coverage, height, open spaces, off-street parking, loading spaces and setbacks, or other characteristics
(other than use), such building or structure may be continued so long as it remains otherwise lawful, subject to the
following provisions:
1. Such building or structure may be enlarged, expanded, extended, or altered only if such building or
structure modification conforms to the requirements of this Ordinance and does not expand any
dimensional nonconformity.
2. Should any such building or structure be damaged by any means to an extent of more than fifty percent
(50%) of its replacement cost at the time of damage, it shall not be reconstructed except in conformity
with the provisions of this Ordinance.
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3. Should any such building or structure be moved for any reason for any distance, it shall thereafter
conform to the regulations of the district in which it is located after it is moved.
19.05 Non-Conforming Uses of Buildings and Structures
Where, on the date of adoption or amendment of this Ordinance, a lawful use of a building or structure exists that
is no longer permissible under the regulations of this Ordinance or amendment thereto, such use may be
continued so long as it remains otherwise lawful, subject to the following provisions:
1. An existing building or structure shall not be enlarged, constructed, reconstructed, moved or
structurally extended or altered except to change the use of such building or structure to a use
permitted in the district in which such building or structure is located.
2. Although an existing non-conforming use may continue, except as hereinafter limited, it may not be
changed to another use, except to a use of the same or of a less intense nature, or a use permitted in
the district in which it is situated.
3. When a non-conforming use of a building or structure is discontinued or abandoned for more than six
(6) months(except where government action prevents access to the premises), the building or
structure shall not thereafter be used except in conformance with the regulations of the district in which
it is located.
4. When a non-conforming use of a building or structure changes ownership, use or tenancy the legal
non-conforming use must be discontinued.
19.06 Repairs and Maintenance
1. Nothing in this Ordinance shall be deemed to prohibit the restoration of any structure and its use where
such structure has been damaged by any means out of the control of the owner to an extent of less
than fifty percent (50%) of its replacement value (excluding the value of the land, the cost of
preparation of land, and the value of any foundation adaptable to a conforming use) at the time of
damage, provided the restoration of such structure and its use in no way increases any former non-
conformity.
2. Whenever such structure has been damaged to an extent of more than fifty percent (50%) of its
replacement value (excluding the value of the land, the cost of preparation of land and the value of any
foundation adaptable to a conforming use), at the time of damage, as determined by the Director of
Community Development or by any means within the control of the owner to any extent whatsoever,
the structure shall not be restored except in full conformity with all regulations of the district in which
such structure is situated.
3. When a structure is determined to be in violation of any applicable health or safety code by the Director
of Community Development under any applicable Code or Ordinance of the City and the cost of placing
the structure in condition to satisfy the standards under such ordinance shall exceed fifty percent (50%)
of the replacement cost of the structure, such non-conforming structure shall not be restored for the
purpose of continuing a non-conforming use.
4. Repair or replacement of a damaged structure as permitted in Paragraph 1, above, shall be
commenced in full compliance with the City’s Building Codes and other codes, within twelve (12
months of the occurrence of the damage and diligently managed to completion. Failure to begin
repair within that twelve (12) month period, or the commencement of repairs in violation of other
Codes, will result in the forfeiture of the rights provided by this Article and after that period, the building
or structure may only be repaired and/or used in full compliance with the provisions of this Ordinance.
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19.07 Reversion Prohibited
Whenever any part of a nonconforming lot, structure or use has been amortized, changed, converted to or
replaced by a conforming structure or use, or if the previous nonconformity is brought into conformity with this
Ordinance, such building, structure or lot shall not thereafter be altered, used or occupied by the same, nor any
other, nonconformity, or nonconforming use or structure.
19.08 Enlargement / Replacement of Non-conforming Residential Dwellings Within Commercial
Districts
Within the NC, LC, GC and CBD zoning districts, a non-conforming residential dwelling, where such was created
by adoption of this ordinance, or amendment thereto, and not by actions of the property owner, may be enlarged,
altered or replaced, provided such activity does not increase a dimensional non-conformity.
19.09 Change of Tenancy or Ownership
Provided there is no change in the nature or character, extent or intensity of such non-conforming use, building or
structure (other than signage), there may be a change of tenancy, ownership or management of an existing non-
conforming use, building or structure.
19.10 Completion of Pending Construction and Building Permits
To avoid undue hardships, nothing in this Ordinance shall be deemed to require a change in plans, construction, or
designated use of any building on which actual construction was lawfully begun prior to the effective date of
adoption or amendment of this Ordinance and upon which actual building construction has been carried on
diligently. Nothing herein contained shall require any change in the site plan or designated use of a building for
which a building permit had been heretofore issued, or plans or preliminary or final subdivision plats which have
been approved by the City at the time of the passage of this Ordinance or amendment provided that actual
construction is begun within one-hundred eighty (180) days of such permit issuance or approval thereto.
19.11 Special Uses
Any use existing at the time of adoption or amendment to this Ordinance and which is permitted as a special use
in the district in which said use is located under the terms of this Ordinance or amendment, shall be deemed a
legal non-conforming use in such district until such time as a Special Use Permit may be issued to bring the
property into conformity.
19.12 Existence of a Non-Conforming Use
A non-conformity shall not be deemed to have existed on the date this Ordinance or any amendment thereto
became effective; unless:
1. It was being used on a continuous basis and to its fullest extent on such date.
2. If such non-conformity is a use, such use had not been abandoned or discontinued.
In cases of doubt, and on specific questions raised, whether a non-conforming use exists shall be a question of
fact and shall be decided by the Council after notice, a public hearing, and receipt of a report and recommendation
of the Planning and Zoning Commission.
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19.13 Non-conforming Lots of Record
Lots of record, established prior to the effective date of this Ordinance or amendments thereto, that have size
and/or dimensional non-conformities may be used for purposes allowable by this Ordinance, provided that all
buildings placed on such lots meet the required setbacks in that Zoning District.
19.14 Non-conformity as Basis for Variance
The existence of any non-conformity anywhere in the City shall not itself be considered grounds for the issuance of
a variance for that property or any other property.
UPDATED April 2015 19-4 January 2007 Edition
ARTICLE 20
AMENDMENTS
20.01 Authority to Amend Ordinance
The regulations imposed and districts created under this Ordinance may be amended from time to time by
Ordinance, after the Ordinance establishing them has gone into effect. Amendments shall be made in
accordance with the regulations of this Article and applicable Illinois State Statutes.
20.02 Types of Amendments
Amendments shall be classified as follows:
1. Text Amendments: Amendments to the regulations contained in this Ordinance shall be
referred to as "Text Amendments."
2. Map Amendments: Amendments to the location of district boundaries on the Official Zoning
Map shall be referred to as "Map Amendments" (also referred to as a rezoning).
20.03 Text Amendments
20.03.01 Initiation of Text Amendments
Text amendments may be initiated by the City Council or the Plan Commission, or which may be initiated
by them in response to a request by any City Board or staff member. A text amendment may also be
requested by any other person provided an appropriate application for such is submitted in accordance
with this section.
20.03.02 Application for Text Amendment
Persons applying for a text amendment shall do so by completing and submitting the appropriate
application forms provided by the Department of Planning. The application must state the exact section of
this Ordinance proposed for amendment, the proposed substitute wording, the reasons for requesting the
amendment, and any other information that the Community Development Director may require. Graphic
materials may also be submitted if it will assist in understanding the benefits of the amendment.
20.03.03 Public Notice Requirement
The Community Development Director shall be responsible that notice of the time, date, and place of the
required public hearing be given not more than thirty (30) nor less than fifteen (15) days before the hearing
by publishing a notice thereof at least once in a newspaper having general circulation in the City of
DeKalb.
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20.03.04 Text Amendment Review Procedure
1. The Community Development Director shall review the proposed text amendment. The
Community Development Director shall solicit the opinions and comments of other City staff
members and shall recommend to the Plan Commission the approval or denial of the
proposed text amendment or approval of a modified version of the proposed text
amendment.
2. The Plan Commission shall hold a public hearing and shall consider the proposed text
amendment and relevant facts presented by the applicant or his/her representative, City
staff, or by any interested citizen. Once the Plan Commission is satisfied that they have
heard all relevant facts, they shall recommend to the City Council approval or denial of the
proposed text amendment or the approval of a modified version of the proposed text
amendment.
3. Upon receipt of the Plan Commission's recommendation, the City Council shall
consider the proposed text amendment. The adoption of an ordinance that amends
any of the following Articles shall require a favorable vote of two-thirds (2/3) of the
City Council members then holding office:
Article 5 (Zoning District Regulations);
Article 6.02 (South Annie Glidden Corridor Overlay District);
Article 7 (Supplementary District Regulations);
Article 12 (Off-Street Parking and Loading Requirements);
Article 13 (Signs)
The adoption of an Ordinance that amends any portions of all other Articles
not otherwise mentioned above shall require a simple majority vote of the City
Council members present. (ORD 98-86)
20.04 Map Amendments (Rezoning)
20.04.01 Initiation of Map Amendments
Map amendments may be initiated by the City Council or the Plan Commission, which may be in response
to a request by any City board or staff member. A map amendment may also be requested by the
owner(s), or authorized representative(s) of the owner(s), of property within the area subjected to the
proposed map amendment provided an appropriate application for such is submitted in accordance with
this section.
20.04.02 Application for Map Amendment
1. A request for a Map Amendment, or change of zoning, is called a petition to rezone and is
filed with the City Clerk. The application form for a petition to rezone is available from the
Department of Planning. In addition to submitting the completed application, the petitioner
shall be required to submit the following information:
a. Legal owners of the property(s) to be rezoned. If the property is held in an Illinois
Land Trust, a Statement of Beneficiary Interest is also required;
b. Legal Description of the property(s) to be rezoned;
c. Common street address of property(s) to be rezoned;
d. Size of property (in square feet or acres);
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e. Current zoning of property;
f. Requested zoning of property;
g. Narrative description of the reasons for requested rezoning;
h. Estimated impact of rezoning on surrounding neighborhood;
I. Vicinity map showing the area to be rezoned;
2. At the time of submitting a petition to rezone, the petitioner may submit to the City certified
petitions of signatures of area residents supporting the rezoning. Such petitions are
optional.
3. At the time of submitting a petition to rezone, the applicant shall also furnish to the City a
list of owners and their mailing addresses of all property within two-hundred fifty (250) feet
of the property that is the subject of the proposed rezoning. This distance shall be
measured in all directions from the boundaries of the subject property and shall not
include distances devoted to adjoining or nearby public rights-of-way. In all instances, the
furnished list shall include the names and addresses of a minimum of ten (10) property
owners. Should the two-hundred fifty (250) foot notification area not result in a list of ten
(10) property owners then the notification shall be appropriately expanded until this
minimum has been met. In expanding the notification area, preference shall be given
towards those properties comprised of urban-sized lots or in areas most likely to be
affected by the proposal.
4. Nothing shall preclude an applicant from submitting a single petition that includes
requests for two or more zoning districts on a single tract of land and which would be
subjected to only one application fee and one public hearing process. However, this shall
not preclude the City Council from considering and possibly adopting separate ordinances
that would approve the individual rezoning requests.
20.04.03 Public Notice Requirement
1. The Community Development Director shall be responsible that notice of the time, date,
and place of the required public hearing, along with a legal description of the property that
is the subject of the public hearing, be given not more than thirty (30) nor less than fifteen
(15) days before the hearing by publishing a notice thereof at least once in a newspaper
having general circulation in the City of DeKalb.
2. The Community Development Director shall mail a notice of the public hearing to those
property owners whose names are furnished by the applicant. Notice of public hearing
shall also be mailed to all applicable governmental agencies, including but not limited to:
School District, Park District, Sanitary District, Drainage District, and the Soil and Water
Conservation District.
3. The Community Development Director may require the applicant to erect a sign or signs
on the subject property not less than fifteen (15) days before the scheduled public hearing
by the Plan Commission. The sign(s) shall have on their surface a notice that the
property is to be the subject of a public hearing and shall not be removed until the City
Council has taken final action on the rezoning petition. There shall be one (1) sign
erected for every public street frontage and it shall be clearly visible from the adjacent or
nearest public rights-of-way. All signs shall be furnished by the City after receiving from
the applicant any appropriate deposits. The deposits shall be returned to the applicant
upon the timely return of the sign or signs in good condition.
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20.04.04 Map Amendment Review Procedure
1. The Community Development Director shall review the rezoning petition. The Community
Development Director shall solicit the opinions and comments of other City staff members
and, along with the comments received from property owners, governmental agencies,
etc., shall forward to the Plan Commission his/her recommendation of approval or denial
of the rezoning petition or approval of a modified version of the rezoning petition.
2. The Plan Commission shall hold a public hearing and shall consider the rezoning petition
and relevant facts presented by the applicant or his/her representative, City staff, other
governmental agencies, or by any interested citizen. Once the Plan Commission is
satisfied that they have heard all relevant facts, they shall recommend to the City Council
that the rezoning petition be approved or denied for all or part of the subject property.
Alternatively, the Plan Commission may recommend approval of an amendment to the
rezoning petition to a zoning district classification more restrictive than the zoning district
classification originally requested by the applicant. For the purpose of this section, the
SFR-1 District shall be considered the most restrictive classification and the HI District
shall be considered the least restrictive classification. In making their recommendation,
the Plan Commission shall consider and adopt findings in each of the following:
a. The proposed rezoning conforms to the Comprehensive Plan; or conditions or
trends of development have changed in the area of the request, since the
adoption of the Comprehensive Plan, to warrant the need for different types of
land uses or densities. Furthermore, the proposed rezoning is appropriate
considering the length of time the property has been vacant, as originally zoned,
and taking into account the surrounding area's trend of development;
b. The proposed rezoning conforms to the intent and purpose of this Ordinance;
c. The proposed rezoning will not have a significant detrimental effect on the long-
range development of adjacent properties or on adjacent land uses;
d. The proposed rezoning constitutes an expansion of an existing zoning district
that, due to the lack of undeveloped land, can no longer meet the demand for the
intended land uses;
e. Adequate public facilities and services exist or can be provided.
3. Upon receipt of the Plan Commission's recommendation, the City Council shall consider
the proposed map amendment. The adoption of an ordinance that affirms or reverses the
Plan Commission's recommendation for a map amendment shall require a favorable vote
of a simple majority of the City Council members present.
20.04.05 Protest Procedure
1. If a formal written protest to a proposed map amendment, signed and acknowledge by
certain property owners as hereinafter described, is filed with the City Clerk not less than
twenty-four (24) hours prior to the City Council meeting at which the proposed map
amendment is to be considered, the proposed map amendment shall not be approved
except by a favorable vote of two-thirds (2/3) of the City Council members then holding
office. In order for the written protest to be valid, property owners whose signatures
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appear on the protest shall own property in the following manner:
a. Owners of twenty percent (20%) of the property proposed to be rezoned, or
b. Owners of property comprising twenty percent (20%) of the frontage directly
opposite the frontage of the property proposed to be rezoned or across an alley
therefrom, or
c. Owners of property comprising twenty percent (20%) of the property that is
immediately adjacent and contiguous to the property proposed to be rezoned.
2. Further, in order for the written protest to be valid, a copy of said protest shall be served
by the protester(s) on the applicant(s) for the proposed map amendment and a copy upon
the applicant's attorney, if any, by certified mail at the address of such applicant and
attorney shown on the application for the proposed map amendment.
20.04.06 Resubmission of Application
From the date of the City Council action on the Planning Commission's report on an application for a Map
Amendment, no subsequent application requesting the same classification with reference to the same
property, or part thereof, shall be filed within twelve (12) months from said receipt and filing.
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