A. Applications.
1. Filing and Optional Pre-Application Conference.
a. All zoning applications must be filed with the Village Clerk with a copy submitted to the Zoning Administrator. The application must be on forms provided by the Village and filed in such quantity as required by the instructions.
b. Prior to formal submittal of an application, a pre-application conference with the Zoning Administrator is optional. The purpose of the pre-application conference, which does not require a formal application or fees, is to provide informal advice and assistance to the applicant. Any opinions or advice provided are not binding with respect to any official action that may be taken on the appiication. Certain applications may require a pre-application conference.
2. Completeness.
a. The application must include all information, plans, and data as specified in the application requirements. Any required plans must be at a scale sufficient to permit a clear and precise understanding of the proposal, unless specifically required to be at a set scale.
b. The Zoning Administrator will examine all applications to determine completeness. If the application does not include all the submittal requirements for the application, the Zoning Administrator will reject the application and provide the applicant with the reasons for the rejection. The Zoning Administrator will take no further steps to process the application until all deficiencies are remedied.
c. After an application is determined to be complete, any substantive change made by the applicant to the application requires resubmittal of the entire application and a new completeness review. However, such revisions do not require an additional payment of fees. However, once the application is under consideration by the appropriate body, additional information or revisions requested during review do not constitute a change to the application.
3. Withdrawal of Application. An applicant has the right to withdraw an application at any time prior to the final decision on the application by a board or official, including the ability to withdraw the application if it has been tabled. The applicant must submit a request for withdrawal in writing. There will be no refund of fees.
4. Consideration of Successive Applications.
a. Within one year of the date of denial, a subsequent application for the same zoning approval will not be reviewed or heard unless the applicant can show there is substantial new evidence available or that changed circumstances exist.
b. If the application is resubmitted earlier than one year from the date of denial, the subsequent application must include a detailed statement of the grounds justifying its consideration. The Zoning Administrator will make a determination as to whether the subsequent application is appropriate for resubmittal prior to the expiration of the one year wait requirement. If the Zoning Administrator finds that there are no new grounds for consideration of the subsequent application, he/she will summarily, and without hearing, deny the request.
5. Fees. Payment of filing fees are required in accordance with the Comprehensive Fee Schedule adopted by the Village Board.
B. Notice.
1. Required Notice. Table 11-1: Required Notice indicates the types of notice required for zoning applications. Item 5 below also describes a courtesy notice for public hearing that may be provided by the Village.
Zoning Application
|
Notice Type | ||
Published | Mailed | Posted on Property | |
Zoning Text Amendment Notice for Public Hearing | X | ||
Zoning Map Amendment Notice for Public Hearing | X | X | X |
Zoning Map Amendment - Comprehensive Zoning Map Amendment Initiated by the Village Notice for Public Hearing | X | ||
Special Use Notice for Public Hearing | X | X | X |
Variation Notice for Public Hearing | X | X | X |
Zoning Appeals Notice for Public Hearing | X | ||
2. Published Notice. When published notice is required in Table 11-1, the Village Clerk will publish notice in one or more newspapers published in the Village or, if no newspaper is published within the Village, then in one or more newspapers with a general circulation within the Village. The notice must include the date, time, place, and purpose of such hearing, and the common address and Parcel Identification Number (PIN) of the subject property. Notice must be published no less than 15 days and no more than 30 days in advance of the scheduled hearing date.
3. Mailed Notice. When mailed notice is required in Table 11-1, the applicant is responsible for the mailing, by regular U.S. Mail, as described below, and must furnish the Village Clerk an affidavit that such notices were mailed prior to the date of the hearing.
a. Written notice must be mailed no less than 15 and no more than 30 days in advance of the scheduled hearing date to all taxpayers of record of property laying within 1,000 feet of the subject property.
b. Distance is measured from the property line in each direction from the subject property. All roads, streets, and other public ways are excluded from the distance requirements.
c. The notice must include the date, time, place, and purpose of such hearing, and the common address and Parcel identification Number (PIN) of the subject property.
d. Nothing in this section is intended to prevent the applicant or the Village from giving additional notice as he/she may deem appropriate.
e. If the taxpayer of record of any property on which notice is to be sent cannot be found at his/her last known address, the notice requirements are deemed satisfied.
4. Posted Notice. When posted notice is required in Table 11-1, it must be located on the subject property in accordance with the following provisions:
a. The required posting period must be no less than 15 days and no more than 30 days in advance of the scheduled hearing date.
b. The sign must be posted at a prominent location on the property, near the sidewalk or public or private right-of-way so that it is visible to pedestrians and motorists. Properties with more than one street frontage are required to post one sign visible on each street frontage.
c. The sign must include the date, time, place, and purpose of the public hearing.
d. The Village will install the sign during the required posting period.
5. Website/Email Public Hearing Courtesy Notice.
a. The Zoning Administrator will coordinate with the Village Clerk to post notice to the Village website and to send email notification to a Village-maintained email list regarding public hearings conducted by the Zoning, Planning, and Appeals Commission.
b. Public hearing notice will be posted to the Village website if the Village maintains a website at least 15 days before the public hearing.
c. Public hearing notice will be emailed to recipients on an email list maintained by the Village if the Village maintains such an email list at least 15 days before the public hearing.
d. Such notice is a courtesy notice not required by State law. The unavailability of such applications or notices on the Village's website, or the failure to send or receive such emails, as described above, does not invalidate, impair, or otherwise effect any approval granted following a public hearing. Website and email notice, as described above, are for the convenience of the public and not a jurisdictional prerequisite to the Zoning, Planning, and Appeals Commission's public hearing and recommendation, or for the Village Board's decision on any application.
C. Public Hearing.
1. Examination of Documents. Upon receipt by the Zoning Administrator of an application that requires a public hearing, the Zoning Administrator will assign a case and/or docket number to the application and maintain a file for such. The file will be open to the public for inspection during regular business hours. All documents pertinent to the case (application, legal notice, evidence, exhibits, transcript or record of proceedings, etc.) will be placed in said file by the Zoning Administrator.
2. Conduct of the Public Hearing.
a. The public hearing must be conducted in accordance with all applicable requirements of Illinois law and the rules and regulations of the body conducting the hearing.
b. Any party in interest may appear and be heard at a public hearing held for an application, and such appearance may be made in person, by agent (if a corporation), or by attorney.
3. Continuances. The body conducting the hearing may continue a public hearing. No new notice is required to reopen the public hearing if the hearing is continued to a date specific, provided that a public announcement of the future date, time, and place of the continued hearing is made at the current hearing and recorded in the minutes. If the hearing is adjourned, rather than continued to a date specified, in order to reopen the hearing all notice must be given that would have been required for the initial public hearing.
(Ord. 885, passed 11-21-2023)