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CITY OF WEST CHICAGO
DEVELOPMENT COMMITTEE
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDAITEMNUMBER: 9-4.
Non-Conforming Gravel Driveways
FILE NUMBER:
Ordinance No. 21-O-0038
COMMITTEE AGENDA DATE: Dec. 13, 2021
COUNCIL AGENDA DATE:
STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE
APPROVED BY CITY ADMINISTRATOR: Michael Guttman SIGNATURE
ITEM SUMMARY:
The Municipal Code requires that all parking lots and driveways be hard-surfaced and no longer con-
sist of just gravel. In fact, the Code set a deadline of July 1, 2004 for the conversion of all gravel park-
ing area and driveways to an acceptable hard surface.
As discussed during the October 11, 2021 Development Committee meeting, enforcement of this re-
quirement was halted several years ago due to an overwhelming number of resident complaints, leav-
ing about 151 driveways unchanged. Discussion in October focused on next steps and it was general-
-| ly agreed that existing gravel driveways and parking areas be treated as non-conforming structures.
Staff believes the attached draft Ordinance No. 21-O-0038 addresses the Development Committee’s
direction. When brought before the Plan Commission, wording was added to require conversion to an
acceptable hard surface when a property is sold. However, Staff believes this would conflict with the
legal direction given. Because previous time-of-sale inspections routinely ignored the requirement it is
potentially legally challenging to enforce the requirement now. The proposed draft Ordinance, there-
fore, does not include this proposed amendment.
At its December 7, 2021 meeting, Plan Commission members voted 6-1 in favor of the change as dis-
cussed by Development Committee, with the one Nay vote objecting to the proposed requirement to
pave driveways at the time of sale.
ACTION PROPOSED:
Discussion and recommendation of Ordinance No. 21-O-0038.
COMMITTEE RECOMMENDATION:
PC: Draft Ordinance 21-O-0038

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ORDINANCE NO. 21-0-0038
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF WEST CHICAGO —- APPENDIX A
ARTICLE XIII OF THE ZONING CODE RELATING TO
EXISTING NONCONFORMING GRAVEL RESIDENTIAL DRIVEWAYS
WHEREAS, Section 13.1-13(A) of the West Chicago Zoning Code requires that all resi-
dential parking areas and driveways be hard-surfaced with either bituminous pavement, concrete
pavement, or interlocking pavers approved for parking; and
WHEREAS, the use of gravel as a surface material for residential parking is prohibited;
and
WHEREAS, Section 13.1-13(A)(9) establishes a deadline of July 1, 2004 for the conver-
sion of all existing nonconforming gravel parking areas and driveways to an acceptable hard sur-
face; and
WHEREAS, subsequent to the 2004 deadline, code enforcement action began requiring
homeowners with existing nonconforming gravel driveways to pave the nonconforming drive-
ways with an approved surface; and
WHEREAS, property owners notified of this requirement were upset with this require-
ment and eventually enforcement was halted and has not since resumed; and
WHEREAS, the City Council believes it is in the best interest of the City to amend Section
13.1-13(A) to allow the continuation of existing nonconforming gravel residential driveways as
legal nonconforming structures subject to Article VII of the Zoning Code; and
WHEREAS, Notice of Public Hearing on said text amendment was published in the Dai-
ly Herald on or about November 22, 2021, as required by the ordinances of the City of West Chi-
cago and the statutes of the State of Illinois; and
WHEREAS, a Public Hearing was conducted by the Plan Commission/Zoning Board of
Appeals of the City of West Chicago on December 7, 2021 pursuant to said Notice; and
WHEREAS, at the Public Hearing all interested parties had an opportunity to be heard; and
WHEREAS, the corporate authorities of the City of West Chicago have received the
recommendation of the Plan Commission/Zoning Board of Appeals which contains specific
findings of fact, pursuant to Recommendation No. 21-RC-0014, a copy of which is attached hereto
as Exhibit “A” which is, by this reference, made a part hereof.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Chi-
cago, Du Page County, Illinois, in regular session assembled, as follows:
Ordinance 21-O-0038
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Section 1. That Section 13.1-13(A) (Location of Parking-Residential) of Article XIII (Off-
Street Parking and Loading), of Appendix A, of the Code of Ordinances of the City of West Chi-
cago be amended to strike the following in its entirety:
Section 2. That all ordinances and resolutions, or parts thereof, in conflict with the provisions
of this Ordinance are, to the extent of such conflict, expressly repealed.
Section 3. That this Ordinance shall be in full force and effect after its passage, approval and
publication in pamphlet form as provided by law.
PASSED this day of , 2021.
_ Alderman Beifuss _ Alderman Chassee
Alderman Sheehan Alderman Brown
Alderman Hallett Alderman Dettman
Alderman Birch-Ferguson Alderman Dimas
Alderman Swiatek Alderman Garling
Alderman Stout Alderman Short
Alderman Jakabesin Alderman Morano
APPROVED as to form:
City Attorney
APPROVED THIS day of , 2021.
Ordinance 21-O-0038
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Mayor Ruben Pineda
ATTEST:
City Clerk Nancy M. Smith
PUBLISHED:
Ordinance 21-O-0038
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EXHIBIT “A”
RECOMMENDATION # 21-RC-0014
TO: The Honorable Mayor and City Council
SUBJECT: PC 21-21
Zoning Text Amendment for Existing Nonconforming Gravel Residential Drive-
ways
DATE: December 7, 2021
DECISION: The motion to recommend approval of the proposed amendment with an added
provision was approved by a vote of five (5) “yes” and one (1) “no”.
RECOMMENDATION:
After a review of the proposed text amendment as presented, the Plan Commission/Zoning Board
of Appeals finds that the proposed amendment does not pose a threat to the health, safety and
welfare of the community. It is the Commission’s opinion that the proposed amendment will be
beneficial to the City of West Chicago by amending Section 13.1-13(A) to strike Subsection
13.1-13 (A)(9) in its entirety and add the following language to Section 13.1-13(A):
Existing nonconforming gravel driveways shall be converted to an approved material prior to
the sale of the property.
The proposed amendment, and recommended text, is in keeping with the purpose of the Zoning
Code. The Plan Commission is of the opinion that this proposed amendment and recommended
text will protect, promote, and improve the public health, safety, morals, convenience, order, ap-
pearance, prosperity and the general welfare of the citizens of West Chicago community.
Respectfully submitted,
Barbara Laimins
Chairperson
VOTE:
For Against Abstain Absent
Hale Laimins
Kasprak
Devitt
Banasiak
Henkin
Ordinance 21-O-0038
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