(A) Setting Hearing Or Meeting: When the provisions of this chapter require a public hearing or public meeting in connection with any application filed pursuant to this chapter, upon receipt of a properly completed application, the Zoning Administrator will schedule a reasonable date, time, and place for the hearing or meeting.
(B) 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.
(2) Rights Of Parties And Proximate Owners. Subject to the rules adopted by the hearing body, the owner, any board, commission, or official of the Village, and any owner of lots within 250 feet of the subject lot may be allowed, in addition to the rights granted by division (B)(1) of this section, any or all of the following rights.
(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 lot to which the request applies; or
2. Facts that would support or negate the legal standards for granting the request.
(e) To a continuance, upon request, for the purpose of presenting evidence to rebut evidence introduced by any other person.
In determining whether to grant a request by an interested party, the discretion of the hearing body will be governed by the goal of securing all information and opinion relevant and material to its deliberations. A request may 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 hearing body will notify members of the hearing body and the owner and owners, 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 chapter should be given under oath.
(5) Right To Submit Written Statements. Any person may at any time prior to the commencement of a hearing, or during the hearing, or within such time as may be allowed by the hearing body following the hearing, submit written statements in support of or in opposition to the application being heard.
(C) Order Of Procedure At A Public Hearing: Public hearings conducted under this chapter will generally follow the following format:
(1) Introduction of the matter by the Chair of the hearing body.
(2) Village staff summary of the application.
(3) Presentation by the applicant.
(4) Public testimony and comment.
(5) Cross-examination, if requested.
(6) Response by applicant.
(7) Questions by the hearing body members.
(8) Close public hearing (alternatively, the public hearing can remain open and will automatically close upon a vote on the zoning application).
(9) Discussion and deliberation by the hearing body.
(10) Action on the application by the hearing body (continuance or vote).
(D) Examination And Copying Of Application And Other Documents: At any time following the giving of notice as required by this chapter, and upon 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 Zoning Administrator pertaining to the matter subject to such notice. In addition, any person will be entitled to copies of such application and documents upon reasonable request and payment of a fee as established in the Village's Freedom of Information Act policy.
(Ord. 17-2-2065, passed 2-27-2017)