(A) The general review procedures are intended to establish guidelines for the review and action of the several boards and committees which have responsibilities relative to land use, development, and growth in the city zoning area. Each board, commission, individual or other agency or person involved with zoning modification shall abide by the regulations established herein. Each board, commission, individual or other agency or person may establish its own rules or procedures, which are not inconsistent herewith.
(B) At the time application is made to zone, rezone, alter or vary the use of property under the provisions of this chapter, the applicant therefore shall pay to the Clerk of this city the sums in accordance with § 35.01(E)(4).
(C) The petitioner, for zoning change, special use permit, and variance shall present his petition to the City Clerk and shall publish an notice of public hearing in the local newspaper not more than 30 days nor less than 15 days before the meeting of the Zoning Board of Appeals at which the petition is to be heard. The Public notice shall state:
(1) Purpose of the public hearing;
(2) Name of the petitioner;
(3) Address of the property named in the petition (both legal description and street address);
(4) The date, time, and place of the Zoning Board of Appeals meeting at which the public hearing will be held; and
(5) The place where the proposed amendment, supplement or change, or applicable maps will be accessible for examination by interested parties.
(D) The City Clerk shall notify and forward the pertinent information to the following agencies and individuals: The Coles County Soil and Water Conservation District, applicable Drainage District(s), the Mattoon Water Board, the Superintendent of the Mattoon Sewerage Department, the Building/Code, the Chairperson of the Mattoon Planning Commission, and the Mattoon Zoning Board of Appeals. Included with each notification shall be a copy of the review checklist, on which the City Clerk has noted the dates of receiving the petition and of forwarding the information on. The City Clerk shall request each agency notified to note on the checklist the date of receiving the information, and to return the checklist with their review comments.
(E) The Coles County Soil and Water Conservation District shall have a maximum of 15 days from the date of notification to present a review to the Mattoon Planning Commission.
(F) The Drainage District shall have a maximum of 15 days from the date of notification to present a review to the Mattoon Planning Commission.
(G) The Mattoon Water Board shall have a maximum of 15 days from the date of notification to present a review to the Mattoon Planning Commission.
(H) The Superintendent of the Mattoon Sewerage Department shall have a maximum of 15 days from the date of notification to present a review to the Mattoon Planning Commission.
(I) The Mattoon Building shall have a maximum of 15 days from the date of notification to present a review to the Mattoon Planning Commission.
(J) The Chairperson of the Mattoon Planning Commission shall have a maximum of 15 days from the date of notification to present a review to the Mattoon Planning Commission.
(K) There shall be erected on the property named in the petition, a sign or signs which during daylight hours are visible from each road which borders the petitioned area. A maximum of four signs may be placed. The signs must be placed on the property within five days after the date of notice of the public hearing. The erection of the signs, in the manner prescribed herein, shall be the responsibility of the petitioner, unless otherwise designated by the Zoning Board of Appeals. The signs shall read as follows:
A petition to modify the zoning use of this area has been submitted. For information, contact the City Clerk at 235-5654.
(L) The Mattoon Zoning Board of Appeals shall hold a public hearing within 30 days following the publication of notice in the newspaper. The petitioner may be represented by counsel and shall provide a stenographer who shall record all testimony at such hearing. Information and facts may be presented by the petitioner as he or she deems fit and a transcript of the public hearing shall be forwarded to the Mattoon Zoning Board of Appeals and the Mattoon Planning Commission. A sketch of the site including proposed buildings, setbacks, parking, adjacent streets, etc., shall be provided by the petitioner. Other information may be required by the Mattoon Zoning Board of Appeals. The report of this public hearing shall be forwarded to the Mattoon Planning Commission.
(M) The Mattoon Planning Commission shall consider a particular petition no sooner than 15 days after the petition has been presented to the City Clerk. The Mattoon Planning Commission shall consider the petition, the reviews and recommendations from the several review agencies and shall forward its review, including an updated review checklist, to the Mattoon Zoning Board of Appeals.
(N) The Mattoon Zoning Board of Appeals shall consider the advice of the Mattoon Planning Commission, listen to the petitioner, hear any public statements, and consider its own counsel. The Mattoon Zoning Board of Appeals shall forward its findings to the Mattoon City Council.
(O) The petitioner shall contact the City Clerk in order to place the petition on the agenda.
(P) The petitioner or his or her attorney shall have six months from the first public hearing to obtain a final decision; if no final action has been determined then the petition is denied.
(Q) The developer shall have two years from the date of final approval to begin construction of the proposed area. The developer shall obtain the necessary building, electrical, heating and air conditioning, occupancy, plumbing, use, and sewer and water connection permits as required.
(R) A petition for annexation shall follow the procedures set forth in ILCS Ch. 65, Act 5, §§ 7-1-1 et seq. All such petitions shall be submitted to the Planning Commission for fact finding prior to consideration by the City Council. The petitioner shall provide all notices to fire protection districts, library districts, township authorities, and any person or entity as may be required.
(S) Copies of all petitions filed with the City Clerk for consideration by the Zoning Board of Appeals, Planning Commission or City Council or other city shall be served upon the City Clerk, City Hall (208 N. 19th Street, Mattoon, Illinois, 61938), in addition to all other persons required to have service or notice.
(T) All ordinances, notices, and other documents shall be prepared by or on behalf of the petitioner or applicant. Copies shall be served upon the City Clerk and City Attorney at the above address for review at least five days prior to consideration by any other city employee, agent, committee, commission, board or council.
(U) All zoning changes, special use permits, variances, and annexations shall be finally determined and either granted or denied by the City Council.
(Ord. 2015-5377, passed 5-5-2015)