Notice is required prior to holding a public hearing before the Planning and Zoning Commission for an amendment of any zoning district, text amendment of this chapter, special use permit, variation, or planned unit development.
(A) The petitioner shall post notice of the public hearing on the property for which the request is sought. The petitioner and/or their assigned agent is required to erect at least one sign for every 500 linear feet of street frontage with a minimum of one sign on each street abutting the property. The signs required herein shall be provided by the village and must be posted not more than 30 nor less than 15 days prior to the public hearing. The petitioner shall provide a sworn certificate to the Planning and Zoning Commission that the signs required herein were posted upon the subject property in accordance with this chapter. If the village posts the sign(s), sworn certificate of the posting is not required.
(B) The petitioner shall also give written notice of the request to the owners of record, as shown on the record of the local real estate tax collector, of all lots lying within 250 feet, exclusive of public rights-of-way, of the property line for which the request is sought. The written notice shall be delivered personally or may be sent by standard mail, properly addressed, with sufficient postage or affixed thereon. The petitioner shall file with the Village Clerk a sworn affidavit with copies of the notice showing the names and addresses of the persons to whom the written notice was sent. The affidavit shall create a presumption of the giving of the notices, any notice returned shall be considered effective. For personally delivered notices, the applicant shall have the owner of record sign and date that they have received the letter. The notice required herein shall be mailed or delivered not more than 30 nor less than 15 days prior to the public hearing and shall minimally recite the request sought; the location of the property involved; the common address, if any; the name of the petitioner; and the date and time for the public hearing. If the village sends the letters, sworn affidavit of the mailing is not required.
(C) Notice of the time and place of the hearing shall be published at least once, not more than 30 days nor less than 15 days before the hearing, in a newspaper of general circulation in the village.
(D) The failure to provide written notice or post signs as required herein may be grounds for denial or deferral of the petition in the event of a substantial failure to provide notice or post signs; however, the notice and signage are not jurisdictional. Requests duly approved by the appropriate village authority shall not be set aside because of a failure to give written notice or post the signs as required herein.
(Ord. 2141, passed 12-18-23)