(A) The approval process shall apply to all applications except:
(1) Administrative variations;
(2) Appeals;
(3) Conditional use waiver;
(4) Sign permits; and
(5) Temporary uses.
(B) The approval process for the excepted applications shall be as provided in the applicable sections of this chapter.
(C) Optional Village Board early review. Prior to filing for approval of a particular zoning action or development plan, an applicant may request an early review of the Village Board to present their development concept plan. To schedule an early review of the Village Board, the applicant must submit in writing a request for early review to the Department of Community and Economic Development, as well as provide a written narrative explaining the project scope, and include a schematic site/floor plan, The applicant must also acknowledge in writing that the comments provided by the Village Board are non-binding and are in no way an endorsement or indication as to the approval or denial of the proposed request.
(D) Staff review.
(1) The Zoning Administrator may, together with other departments, consultants, and officials of the village, prepare a written review of the application. Such review shall be forwarded to the Planning and Zoning Commission before the scheduled public hearing date.
(2) The staff may advise and assist the applicant in meeting ordinance requirements but shall have no power to approve or disapprove any filing or in any way restrict the applicant’s right to seek formal approval thereof.
(E) Public hearing process (filings requiring hearings only). For any action that requires a public hearing, the provisions in this section shall be complied with. Applications that require a public hearing are amendments (rezonings), variances and conditional uses, including Planned Unit Developments preliminary plans but not Planned Unit Development final plans.
(1) Public notice. The applicant shall comply with the requirements for public notice in this chapter for any zoning action that requires a public hearing.
(2) Notification to petitioner by objectors. Any attorney employed by any objector to any petition requiring a public hearing shall notify the petitioner that he or she has been so retained and will file an objection at the hearing. Such notice shall be delivered no later than four days before the scheduled date of the hearing. If such notice has not been given, and the petitioner so requests, the Planning and Zoning Commission may reschedule the hearing.
(3) Public hearing.
(a) Upon receipt of a complete and accurate application for a zoning action requiring a public hearing, the Village Clerk shall establish a date for a public hearing and transmit the application to the Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the application. No public hearing shall be held in the absence of a quorum, which shall consist of five members of the Commission.
(b) As provided in state statute, applicants for variances and conditional uses shall have the right to have subpoenas issued by the village for persons or documents, to present witnesses, and to cross-examine all witnesses testifying at the public hearing.
(c) The Chairman or Acting Chairman may compel the attendance of witnesses. All testimony by witnesses shall be given under oath administered by the Chairman or Acting Chairman.
(4) Planning and Zoning Commission action.
(a) Within 30 days after the close of the public hearing, the Planning and Zoning Commission shall transmit to the Village Board written findings of fact pertaining to the approval criteria provided in this section for the applicable zoning action together with a recommendation for action, passed by a majority vote of its members, and any conditions or restrictions to which the Commission recommends the action be made subject. The report shall include the roll call vote for the Board on the recommendation.
(b) The Planning and Zoning Commission may not defer voting on any petition for more than one meeting unless the petitioner approves any further postponement.
(c) In case of an application requiring a public hearing, the Planning and Zoning Commission’s recommendation may include any modification of normal requirements that is authorized by this chapter.
(5) Planning and Zoning Commission report. The Zoning Administrator shall forward a copy of the Planning and Zoning Commission report to the petitioner and to representatives of any objectors not less than two days prior to the public hearing of the Planning and Zoning Commission and President and Board of Trustees meeting at which the report is to be acted upon.
(F) President and Board of Trustees action.
(1) The President and Board of Trustees shall not act upon any application requiring a public hearing until either it has received a report thereupon from the Planning and Zoning Commission or until 30 days have elapsed from the close of the public hearing thereupon.
(2) The President and Board of Trustees shall not approve any application unless it finds that the zoning action applied for meets applicable criteria for approval provided in this section. In the case of a variance, a vote of two-thirds of all Trustees shall be required to approve any application not approved by the Planning and Zoning Commission. In all other cases, the concurrence of a majority of the President and Board of Trustees, shall be required.
(3) In case of a conditional use, Planned Unit Development, or variance, the President and Board of Trustees may make its approval subject to any conditions or restrictions it finds necessary to assure compatibility with the vicinity of the subject property. The President and Board of Trustees may also set time limits within which such conditions or restrictions must be complied with.
(G) Resubmission. Except as otherwise provided in this section, no application that has been denied by the President and Board of Trustees shall be resubmitted within one year of the date of denial except on the grounds of new factual evidence or a change in conditions found to be valid by the Planning and Zoning Commission.
(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 19-O-06, passed 3-5-2019)