A. Setting Hearing Or Meeting; Time Limitation: When the provisions of this zoning code require a public hearing or public meeting in connection with any application filed pursuant to this zoning code, the body charged with conducting the hearing or meeting shall, upon receipt of a properly completed application, fix a reasonable time and place for such hearing or meeting; provided, however, that such hearing or meeting shall be commenced no later than sixty (60) days, and shall be concluded no later than one hundred twenty (120) days, following the submission of the subject application unless the applicant shall agree to an extension or unless the hearing or meeting agenda of the body is completely committed during that time. (Ord., 10-2004)
B. Notice:
1. Responsibility For Giving Notice: The village manager shall cause notice to be given of public hearings and public meetings as provided in subsections B3, B4a, B4b, and B5 of this section. The applicant shall cause notice to be given of public hearings as provided in subsection B4c of this section, unless otherwise determined by the village.
2. Content Of Notice: All notices shall include: a) the date, time, and place of the hearing or meeting, b) a description of the matter to be heard or, considered, c) the property index number (“PIN”) or numbers of all the parcels of real property contained in the area under consideration and d) the common street address or addresses or particular location of the subject property.
3. Notice From Manager For All Hearings And Meetings: The village manager must give notice of every hearing or meeting as follows:
a. To Applicant, Owner: By mail or personal delivery to the applicant and, if a specific parcel is the subject of the application, to the owner of the subject property.
b. Newspapers, Persons On File: By mail to any newspaper or person that shall have filed a written request, accompanied by an annual fee as established from time to time by the village manager to cover postage and handling, for notice of all hearings or meetings held pursuant to this zoning code. The written request shall automatically expire on December 31 of the year in which it is made unless a written request for renewal, accompanied by the annual fee, is submitted prior to such date.
c. Within Village: By delivery to affected village boards, commissions, departments, officials, and consultants.
Notice by mail shall be mailed no fewer than seven (7) days in advance of the hearing or meeting date by regular United States mail.
4. Additional Notices For Amendments, Special Use Permits, And Variations: In addition to notice as required by subsection B3 of this section, notice of every public hearing on an application for an amendment to this zoning code or to the zoning map, a special use permit, or a variation must be given in the following manner:
a. Publication By Manager: The village manager must give notice by publication in a newspaper published in the village at least once no less than fifteen (15) days nor more than thirty (30) days in advance of the hearing date.
b. Posting On Subject Property By Manager: If a specific parcel is the subject of application, then the village manager shall give notice by posting a sign on the subject property. The sign must be at least six (6) square feet in area; must include the words "Zoning Application Pending" and a telephone number to be called for additional information; and must be posted on the property, facing the street, at least fifteen (15) days prior to the date set for a hearing on the application. The village manager shall remove the notice from the property only after the conclusion of the hearing.
c. To Taxpayers By Applicant: If a specific parcel is the subject of the application, the applicant must give notice by mail or personal delivery to all taxpayers of record of property within two hundred fifty feet (250') of the subject property, unless notified by the village as provided in the last two (2) sentences of this subsection B4c. Notice as required by this paragraph shall be given not less than fifteen (15) days nor more than thirty (30) days in advance of the hearing. Not less than seven (7) days before commencement of the hearing, the applicant must provide to the village: 1) a copy of the notice, 2) a list in Microsoft Excel or Word format of the names and addresses of every taxpayer of record to whom notice was given, and 3) a sworn statement of the applicant that notice was given as required by this paragraph.
The village, in its discretion, may determine that it, rather than the applicant, will give notice as required by this subsection B4c. In that case, the village shall advise the applicant in writing of that determination not less than thirty (30) days in advance of the date of the hearing.
5. Notice For Hearing On Official Comprehensive Plan: In addition to notice as required by subsection B3 of this section, the village manager shall cause notice of every public hearing in connection with the adoption or amendment of the official comprehensive plan to be given by publication in a newspaper of general circulation in Lake County at least fifteen (15) days before such hearing. (Ord. 2009-05-631, 5-4-2009)
C. Referral To Village Commissions And Departments:
1. Manager To Refer Applications: The village manager, not later than the time set pursuant to subsection B of this section for giving public notice, shall refer every application for which this zoning code requires a hearing before either the plan commission or the zoning board of appeals to all appropriate village commissions and departments.
2. Review And Comments: Each village commission and department to which an application is referred pursuant to this subsection shall review such application and submit its comments thereon to the staff secretary of the hearing body for presentation to that body at the hearing to be held on such application. Whenever possible, such comments shall be submitted at least two (2) business days prior to the date set for the hearing and shall be made available to any person on request prior to the hearing.
D. Conduct Of Hearings:
1. Rights Of All Persons: Any person may appear and testify at a public hearing, either in person or by a duly authorized agent or attorney, and may submit documentary evidence; provided, however, that the hearing body may exclude irrelevant, immaterial, or unduly repetitious evidence. (Ord., 10-2004)
2. Rights Of Parties And Proximate Owners: Subject to the discretion of the hearing body, the applicant, any board, commission, department, or official of the village, and any property owner entitled to written notice pursuant to subsection B4c of this section may be allowed, in addition to the rights granted by subsection D1 of this section, any or all of the following rights: (Ord. 2009-05-631, 5-4-2009)
a. To present witnesses on their behalf.
b. To cross examine all witnesses testifying in opposition to their position.
c. To examine and reproduce any documents produced at the hearing.
d. To have subpoenas issued by the body in charge of the hearing as may be provided by state law for persons to appear at the hearings and for examination of documents by the person requesting the subpoena either before or during the hearing, where such persons or documents are shown to have a substantial evidentiary connection with:
(1) The property to which the request applies; or
(2) Facts that would support or negate the legal standards for granting the request.
e. To a continuance, on request, for the purpose of presenting evidence to rebut evidence introduced by any other person.
In determining whether to grant or withhold such rights, the discretion of the hearing body shall be governed by the goal of securing all information and opinion relevant and material to its deliberations. Such rights shall not be granted, however, when undue and unwarranted delay would result, or when to do so would tend to produce no new evidence to aid the hearing body in reaching its decision.
3. Adjournment Of Hearing: The body conducting the hearing may at any time, on its own motion or at the request of any person, adjourn the hearing for a reasonable time and to a fixed date, time, and place, for the purpose of giving further notice, taking further evidence, gathering further information, deliberating further, or for such other reason as the hearing body may find to be sufficient. The staff secretary of the hearing body shall notify in writing all members of the hearing body, all parties to the hearing, and any other person designated on the vote of adjournment of the date, time, and place of the adjourned hearing.
4. Testimony To Be Sworn: All testimony at any hearing held pursuant to the provisions of this zoning code shall be given under oath.
5. Right To Submit Written Statements: Any person may at any time prior to the commencement of a hearing hereunder, or during such hearing, or within such time as may be allowed by the hearing body following such hearing, submit written statements in support of or in opposition to the application being heard.
6. Board Or Commission Rules To Govern: All other matters pertaining to the conduct of hearings shall be governed by the provisions of this zoning code pertaining to, and the rules promulgated by, the body conducting the hearing.
E. Prehearing And Premeeting Examination And Copying Of Application And Other Documents: At any time after the giving of notice as required in subsection B of this section, and on reasonable request, any person may examine the application and, subject to the exceptions set forth in the Illinois freedom of information act, all other documents on file with the office of the village manager pertaining to the matter subject to such notice. In addition, any person shall be entitled to copies of such application and documents on reasonable request and payment of a fee as established from time to time by the village manager to cover the cost of such copies.
(Ord., 10-2004; amd. Ord. 2023-10-529, 10-17-2023)