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1. A zoning application for a zoning variation, administrative variation, conditional use permit, site plan review, sign permit, temporary use permit, or zoning appeal may be filed by a property owner or other person expressly authorized by the owner in writing. A zoning application for a zoning interpretation or a zoning text or map amendment may be filed by a property owner, or other person expressly authorized by the owner, in a notarized letter of authorization, or by the Planning and Development Committee.
2. All applications, except applications initiated by the Planning and Development Committee, shall be brought in the name of the record title owner or the owner(s) of the beneficial interest through authorized agents. If a contract purchaser or tenant is involved, either with or without a contingent right, the contract purchaser or tenant shall be revealed and become a second party to the petition. Such contract purchaser or tenant may not file without the owner.
3. If application is made by the trustee or beneficiary of any land trust for any zoning map amendment, variation, or conditional use permit, the application and notice shall identify each beneficiary of such land trust by name and address and define his/her interest. All applications shall be verified by the applicant in the applicant’s capacity as trustee or by the beneficiary(s) as a beneficial owner(s) of an interest in such land trust.
4. If application is made by a corporation or partnership for any zoning map amendment, variation, or conditional use permit, the application and notice shall identify the names and addresses of all officers and directors and all shareholders/stockholders owning an interest in excess of seven and one-half percent (7.5%).
5. For the purposes of this Ordinance, a property owner must demonstrate that the jurisdictional requirements of § 16.04.030A. (Territorial Application) are met.
1. All applications shall be filed with the Department of Planning and Development.
2. The application shall be on forms provided by the County and filed in the number of copies that the instructions require. If not specifically described within the form, all required plans shall be at a scale sufficient to permit a clear understanding of the proposal.
1. The Zoning Enforcement Officer will determine whether the application is complete. The Department of Planning and Development will notify the applicant that the application is complete or inform the applicant of any deficiencies. The Department of Planning and Development will take no steps to process the application until all deficiencies are remedied.
2. Once the application is determined to be complete, the application will be scheduled for consideration by the appropriate board, commission, or official. However, the appropriate board, commission, or official may also require the applicant to supplement the application with additional information.
D. Fees. Every application shall be accompanied by the required filing fee, as established by the County. The applicant is responsible for additional fees including, but not limited to, publication fees, court recorder fees, mailing fees, Natural Inventory Report fees, and Endangered Species Consultation (EcoCAT) Report fees. Applications will not be forwarded to the next stage in the approval process until all fees due are paid.
E. Amendments to Applications. Amendments to any complete application are only allowed upon approval of a petition to amend. The petition to amend shall be filed with Department of Planning and Development and decided by the body conducting the public hearing if the hearing has not yet been closed. If the hearing on the application has been closed, the petition to amend the application shall be filed with the McHenry County Clerk and decided upon by the County Board. If approved by the County Board, the body conducting the public hearing shall conduct a new public hearing and consider only evidence pertaining to the application amendment. The petitioner is responsible for the payment of fees for this new hearing and all notice requirements for a public hearing.
F. Withdrawal of Application. An applicant has the right to withdraw an application at any time prior to the decision on the application by a board, commission, or official. Requests for withdrawal shall be submitted in writing by the applicant.
G. Successive Applications.
1. Within one (1) year of the date of denial by the County Board, a subsequent application will not be reviewed or heard unless there is substantial new evidence available, or if a significant mistake of law or of fact affected the prior denial.
2. If the application is resubmitted earlier than one (1) year from the date of denial, the subsequent application shall include a detailed statement of the grounds justifying its consideration.
3. The Zoning Enforcement Officer will make a determination as to whether the subsequent application is appropriate for resubmittal prior to the expiration of the one (1) year wait requirement. If the Zoning Enforcement Officer finds that there are no new grounds for consideration of the subsequent application, the request may summarily, and without hearing, be denied.
(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 4.2; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)