Skip to code content (skip section selection)
A. Location of Public Hearings. Public hearings are held in the McHenry County Government Center. The owner of any property affected by a proposed map amendment may request in writing to the Department of Planning and Development that the public hearing be held in the township affected by the map amendment. Any additional costs incurred as a result of changing the location of the hearing, including costs for re-notification, are the responsibility of the requester. Property located in two (2) or more townships will be considered as existing in that township where the major portion of the property is located.
B. Public Hearing Procedures.
1. All public hearings are subject to the Illinois Open Meetings Act.
2. The procedure for public hearings is as follows:
a. Call to order and reason or purpose for hearing.
b. Petition will be read at the discretion of the chairperson.
c. Introduction of board members by name of township in which he/she resides.
d. Recognition of fees, publication, and posting of property and proof of submittal of Endangered Species Consultation (EcoCAT) Report from the Illinois Department of Natural Resources, as required or recommended in § 16.16.030E. (Notice to Interested Official Bodies).
e. Recognition of petitioner and witnesses. Swearing in of persons, including staff, who will present testimony.
f. Citation of Board proceedings.
g. Recognition of public and observers.
h. Petitioner(s) present testimony and evidence.
i. Cross-examination by board members, staff, public, and observers.
j. Staff and the public, who are under oath, present testimony and evidence.
k. Cross examination of staff and public testimony by board members and petitioner.
l. Summary statements by petitioner or his/her attorney.
m. Receipt of McHenry-Lake Soil and Water Conservation District Natural Resource Inventory Report is acknowledged.
n. Time, date, and place of the voting meeting is announced. The voting meeting may occur immediately following the public hearing or may be conducted at a separate location, date, and time.
o. While additional testimony is not accepted at the voting meeting, unless requested by the Zoning Board of Appeals, the public hearing remains open until the Zoning Board of Appeals has voted to recommend approval or denial of the petition.
C. Continuances. The chairperson may continue the public hearing. In order to reopen the hearing, no new notice is required if a hearing is continued to a date specified, provided that a public announcement of the future date, time, and place of the continued hearing is made at the hearing and placed in the minutes. If the hearing is adjourned, rather than continued to a date specified, in order to reopen the hearing all notice shall be given that would have been required for the initial public hearing.
D. Evidence and Testimony.
1. All interested parties may appear for themselves or be represented by a person of their choosing. Persons appearing on the behalf of other individuals or groups shall furnish written confirmation that they are authorized to do so.
2. Written statements will be accepted prior to the hearing to be entered into the record.
3. All testimony and evidence shall be given under oath or by affirmation. Any person may appear at a hearing and submit evidence, upon receiving recognition from the chairperson. Each person who submits evidence shall identify himself/herself and their address. Any person may ask relevant questions of other witnesses, but only through the chairperson and at the discretion of the chairperson.
4. The chairperson may limit testimony to a specific amount of time to provide a reasonable opportunity for all interested persons to testify.
5. The body conducting the hearing is not bound by strict rules of evidence, but the chairperson may exclude irrelevant, immaterial, incompetent, or unduly repetitious testimony or evidence.
(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, § 4.4; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)