(A) Filing. Application shall be filed in writing with the Village Clerk and shall be accompanied by the documents and information as the Plan Commission requires. A specific list of direction or requirements are available from the Village Clerk.
(B) Public hearing.
(1) Timing. The Plan Commission shall hold a public hearing within 60 days of approval of a completed application.
(2) Public notice.
(a) The petitioner shall provide a list to the Village Clerk of every owner of property within 250 feet, exclusive of right-of-way, of the subject property. These owners shall be notified of the hearing by certified mail not more than 30 days nor less than 15 days before the date of the hearings. A list of the owners shall be provided to the Village Clerk not less than 30 days before the date of the public hearing. The notification shall be made by the Village Clerk at the expense of the applicant.
(b) Text amendments, appeals and zoning reversions are subject to a public hearing, however, the applications are not subject to notification of adjacent property owners.
(c) The Village Clerk shall publish the notice of the hearing in a newspaper of general local circulation. The notice shall be mailed and published not more than 30 days nor less than 15 days before the date of the hearings. The notice shall be mailed to the list of property owners as provided by the applicant.
(d) The public notice shall contain, at a minimum, the following information:
1. Date, time and place of hearing;
2. Legal description of subject property; and
3. Common address of subject property; and purpose of hearing.
(e) If a specific property is not the subject of approval (ex. text amendment, appeal) the notice must include a description of the amendment or appeal.
(3) Posting of property. For map amendments, the applicant shall have the subject property posted at least 15 days prior to the public hearing. Signs must be conspicuously posted with at least one sign being visible from each public thoroughfare that abuts the property.
(C) Decisions. The concurring vote of a simple majority of the Plan Commission members present shall be required to affirmatively recommend the granting of any case. The Plan Commission shall decide the case exclusively based upon the evidence and sworn testimony presented and made part of the public record. The Plan Commission Chairperson shall provide to the Village Board within 30 days of the vote of the Plan Commission a report and findings of fact showing the time and place of the meeting, the action taken by the Plan Commission, the members present, the applicants present, any objectors, all petitions, papers, plans and maps regarding the case, the publication notice, the vote of the Plan Commission, its recommendations and any other information pertinent to the subject request. These documents should be filed with the Village Clerk and placed in the file made by the Village Clerk at the time of the original petition by the applicant.
(D) Action by the Board of Trustees.
(1) Upon receipt of the recommendation and findings of the Plan Commission, the Village Board of Trustees may approve the request, with or without change, may reject the request or may refer it back to the Plan Commission for further consideration.
(2) Where the Plan Commission has recommended denial of the request, the request may only be passed by a three-fourths vote of the Village Board of Trustees voting on the matter.
(3) The Board shall make a decision and file its findings within 60 days of the Plan Commission recommendation.
(4) If an application for a request is not acted upon finally by the Board within 60 days of the time of receipt of the recommendation, it shall be deemed to have been denied unless an additional and specific period of time is granted by the Board.
(5) The decision reached by the Board shall take into account findings of the Plan Commission. A copy of the findings of the Board shall be provided to the Plan Commission.
(6) Conditions of approval:
(a) Conditions. The Board of Trustees shall stipulate, upon the recommendation of the Plan Commission, the conditions and restrictions as deemed necessary for the protection of public interest and to secure compliance with the standards enumerated above;
(b) Guarantees. The Board of Trustees may require the evidence and guarantees as it may deem necessary to insure compliance with the stipulated conditions; and
(c) Review. The Board of Trustees may stipulate that all conditions and restrictions may be modified or revised from time to time by the Board of Trustees following notice and hearing.
(E) Effect of a denial.
(1) No application which has been denied wholly or in part by the Board of Trustees shall be resubmitted for a period of one year from the date of the order of denial except on the showing of new evidence or proof of substantially changed circumstances or conditions which relate directly to the reasons for denial.
(2) Such a new hearing may be ordered only by the Village Board of Trustees.
(Ord. 656, passed 7-2-2001; Ord. 706, passed 12-2-2002)