A. Summary of Notice Requirements. The Table 16.16-1: Notice Requirements for Public Hearing summarizes required notice for zoning approvals that require a public hearing. Specific notice requirements are described below.
Zoning Approval
|
Published Notice
§ 16.16.030B. | Mailed Notice
§ 16.16.030C. | Posted Notice
§ 16.16.030D. | Notice to Official Bodies
§ 16.16.030E. |
Zoning Approval
|
Published Notice
§ 16.16.030B. | Mailed Notice
§ 16.16.030C. | Posted Notice
§ 16.16.030D. | Notice to Official Bodies
§ 16.16.030E. |
Zoning Text Amendments | X | |||
Zoning Map Amendments | X | X | X | X |
Conditional Use Permit | X | X | X | X |
Zoning Variation | X | X | X | X |
Zoning Appeal | X | X | ||
B. Published Notice.
1. Notice shall be published in a newspaper of general circulation published in the township or road district affected by the application. If there is no such newspaper, notice shall be published in a newspaper of general circulation published in McHenry County.
2. The County will publish notice no less than fifteen (15), nor more than thirty (30), calendar days in advance of the scheduled hearing date.
3. The notice shall include the following information:
a. The location of the property by street address and legal description. If no street address is available, then by locating such property with reference to any well-known landmark, highway, road, thoroughfare, or intersection. If the zoning application is for a map amendment only, the notice need not include a metes and bounds legal description if there is a common street address.
b. Permanent property index number and township name.
c. A statement of the present zoning on the parcel in question.
d. A brief statement of the purpose of the application.
e. The time, date, and location of the public hearing.
f. Whether the petitioner or applicant is acting for him/herself or in the capacity of agent, alter ego, or representative of an owner, and stating the name and address of the actual and true owner.
g. If the applicant is a corporation, the correct names and addresses of all officers and directors, and of all stockholders and shareholders owning any interest in excess of seven and one-half percent (7.5%) of all outstanding stock of such corporation.
h. If the applicant or the owner that he/she represents is a business or entity doing business under an assumed name, the name and residence of all true and actual owners of such business or entity.
I. If the applicant is a partnership, joint venture, syndicate, or an unincorporated voluntary association, the names and addresses of all partners, joint venturers, syndicate members, or members of the unincorporated voluntary association.
j. A statement that additional information regarding the petition is available on the McHenry County Department of Planning and Development website.
C. Mailed Notice.
1. Public hearings for zoning map amendment, zoning variation, and conditional use permit applications require mailed notice shall be given to all contiguous property owners. If the property is bounded by a public right-of-way, railroad, or linear waterway, notice is required to property owners abutting the public right-of-way directly across from the subject property. All property owners that comprise any contiguous agricultural conservation and protection areas, designated in accordance with the Illinois Agricultural Areas Conservation and Protection Act, shall also be given mailed notice. Notification shall be provided to the person who last paid taxes on the property in accordance with the records of the McHenry County Treasurer’s Office.
2. The County will mail notice no less than fifteen (15), but no more than thirty (30), calendar days prior to the public hearing. Certified mail shall be used to establish proof of notification.
3. The notice shall include the following information:
a. The location of the property by legal description and street address. If no street address is available, then by locating such property with reference to any well-known landmark, highway, road, thoroughfare, or intersection.
b. Permanent property index number and township name.
c. A statement of the present zoning on the parcel in question.
d. A brief statement of the purpose of the application.
e. The time, date, and location of the public hearing.
f. Whether the petitioner or applicant is acting for him/herself or in the capacity of agent, alter ego, or representative of an owner, and stating the name and address of the actual and true owner.
g. If the applicant is a corporation, the correct names and addresses of all officers and directors, and of all stockholders and shareholders owning any interest in excess of seven and one-half percent (7.5%) of all outstanding stock of such corporation.
h. If the applicant or the owner that he/she represents is a business or entity doing business under an assumed name, the name and residence of all true and actual owners of such business or entity.
I. If the applicant is a partnership, joint venture, syndicate, or an unincorporated voluntary association, the names and addresses of all partners, joint ventures, syndicate members, or members of the unincorporated voluntary association.
j. A statement that additional information regarding the petition is available on the McHenry County Department of Planning and Development website.
4. Giving notice pursuant to this section is not construed to prevent the applicant from giving such additional notice as he/she may deem appropriate.
D. Posted Sign Notice.
1. An applicant is required to post a sign on the subject property. The sign will be provided by the Department of Planning and Development.
2. Notice shall be posted no less than fifteen (15), but no more than thirty (30), calendar days prior to the public hearing. The sign shall remain posted until the commencement of the public hearing.
3. The sign shall be placed on the principal road frontage and at a prominent location on the property near the public right-of-way, so that it is visible to passing pedestrians and motorists.
4. The applicant is required to provide proof of posting by filing an affidavit stating the time, date and place of posting four (4) business days prior to the hearing. Failure to file the required affidavit within the required four (4) business days may delay the scheduled hearing.
E. Notice to Interested Official Bodies.
1. The County will provide mailed notice to the following official bodies:
a. McHenry-Lake County Soil and Water Conservation District.
b. McHenry County Conservation District.
c. Villages and municipalities within one and one-half (1½) miles of the property.
d. Fire protection districts covering the property in question.
e. School districts covering the property in question, including McHenry County College.
f. Highway commissioners and supervisors for the townships in which the property is located.
g. Watershed groups with plans that have been accepted or adopted by the County Board covering the property in question.
h. Illinois Department of Natural Resources, as recommended and/or required in subsection E.4. below.
i. Drainage districts covering the property in question.
2. Notice shall be mailed no less than fifteen (15), but no more than thirty (30), calendar days prior to the public hearing. Certified mail shall be used to establish proof of notification.
3. Proof in the form of a paid receipt for application to the McHenry-Lake County Soil and Water Conservation District or a current Natural Inventory Report shall be provided before a public hearing date will be set. The hearing date will be no less than thirty (30) calendar days subsequent to the date of application to the McHenry-Lake County Soil and Water Conservation District.
4. Property owners applying for a zoning map amendment are encouraged to apply for an Illinois Department of Natural Resources Endangered Species Consultation (EcoCAT) Report. Property owners applying for conditional uses that will disturb large areas of land or sensitive areas, such as wetlands or floodplains, are required to apply for an Illinois Department of Natural Resources Endangered Species Consultation (EcoCAT) Report, as determined by the Zoning Enforcement Officer.
F. Administrative Variation Notice.
1. Notice of an administrative variation shall be sent by certified mail to all contiguous landowners. If the property is bounded by a public right-of-way, railroad, or linear waterway, notice is required to property owners abutting the public right-of-way directly across from the subject property. Notification shall be provided to the person who last paid taxes on the property in accordance with the records of the McHenry County Treasurer’s Office.
2. The notice shall include the following information:
a. The location of the property by legal description and street address. If no street address is available, then by locating such property with reference to any well-known landmark, highway, road, thoroughfare, or intersection.
b. Permanent property index number and township name.
c. A statement of the present zoning on the parcel in question.
d. A brief statement of the purpose of the application.
e. Directions for objecting to the Administrative Variation in accordance with § 16.20.020E.2.b.
G. Establishment a Special Service Area (SSA) Notice.
1. Notice for the establishment of an SSA shall be sent to all landowners within the proposed SSA by certified mail no less than ten (10) days prior to the date of the hearing. Notification shall be provided to the person who last paid taxes on the property in accordance with the records of the McHenry County Treasurer’s Office.
2. Notice for the establishment of an SSA shall be published in a newspaper of general circulation in McHenry County no less than fifteen (15) days prior to the date of the hearing.
3. Notice for the establishment of an SSA shall include the following information:
a. The time, date, and location of the public hearing.
b. The boundaries of the area by legal description and, where possible, by street location.
c. The permanent property index number of each parcel located within the area.
d. The nature of the proposed special services to be provided within the special service area and a statement as to their purposes.
e. The proposed amount of the tax levy for special services for the initial year for which taxes will be levied within the special service area.
f. A statement that all interested persons, including all landowners within the SSA, will be given an opportunity to be heard at the hearing regarding the tax levy and an opportunity to file objections to the amount of the tax levy.
g. The maximum rate of taxes to be extended within the SSA in any year and the maximum number of years taxes will be levied, if a maximum number of years is to be established.
(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, § 4.3; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)