(a) All proposals to divide property other than according to the Land Division Act must go through the site plan review process of the Zoning Code. In determining whether to approve a site plan for a site condominium, the Planning Commission shall consult with the Zoning Administrator, the Village Attorney, the County Drain Commission and the Street Administrator, regarding the adequacy of the master deed, deed restrictions, utility systems and streets, site layout and design, and compliance with all requirements of the Condominium Act and this chapter. A special use permit may be required for a site condominium project where the provisions of particular sections of this chapter identify the need for such a permit.
(b) Prior to making a recommendation on the proposed Site Condominium Development the Planning Commission shall conduct a public hearing. Notice of the hearing shall be provided in a newspaper of general circulation not less than 15 days before the date of the hearing. Notice shall also be sent by mail or personal delivery to the owners of property for which the approval is being considered. Notice shall also be given to all persons to whom real property is assessed within 300 feet of the subject property regardless of whether the property or structures are located in the zoning jurisdiction. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure. Notice is considered to be given when personally delivered or when deposited during normal business hours for delivery with the United States postal service or other public or private delivery service. The notice shall be given not less than 15 days before the date the request will be considered. If the name of the occupant is not known, the term “occupant” may be used for the intended recipient of the notice. The notice shall describe the nature of the request, indicate the property that is the subject of the request to include street addresses if such addresses exist, state when and where the request will be considered and indicate where written comments will be received concerning the request.
(Ord. 99-4. Passed 7-12-99; Ord. 2009-6. Passed 11-9-09.)