(B) Petitions for zoning relief.
(1) Filing of petitions. Petitions to the Planning and Zoning Commission for any amendment to the regulations contained in this chapter; any amendment to zoning district boundaries or classifications of properties; any variation, special use or approval or modification of a planned unit development; or any appeal from an order, requirement or decision made by the Director of Community and Economic Development or other officer or department, shall be filed with the Community Development Department upon forms, and accompanied by such information, as may be prescribed and made available for that purpose by the Planning and Zoning Commission or the Director of Community and Economic Development, so as to assure the fullest practicable presentation of facts.
(2) Initiation.
(a) A petition for an amendment to the regulations contained in this chapter may be filed upon motion of the City Council, by any owner or person with a lawful interest in property within the city, or by an authorized representative of such an owner or person with such a property interest. A petition for an amendment to zoning district boundaries or classifications of properties may be filed upon motion of the City Council, by any owner or person with a lawful interest in property within the city that would be affected by such amendment, or by an authorized representative of such an owner or person with such a property interest.
(b) A petition for a variation, a special use, or approval or modification of a planned unit development may be filed by any owner or person with a lawful interest in property within the city that would be affected by the petition, or by an authorized representative of an owner or person with such a property interest.
(c) A petition for an appeal from an order, requirement or decision made by the Director of Community and Economic Development or other officer or department may be filed within no more than 45 days after the issuance of such an order, requirement or decision. Such an appeal may be filed only by the owner of the property or a person with a lawful interest in the property for which the order, requirement or decision of the Administrator or other officer or department was issued, or by an authorized representative of an owner or person with such a property interest.
(d) A petition may also be filed by a person owning property outside the city who is proposing annexation to the city pursuant to an annexation agreement, or by an authorized representative of such an owner.
(e) Whenever a representative of an owner or person with a lawful interest in property files a petition that would affect such property, the owner shall execute the petition as evidence that the owner has approved such representation.
(f) Whenever any trustee or any beneficiaries of a land trust files a petition hereunder, such petition shall identify each beneficiary of such land trust by name and address and define the beneficial interest therein. All such petitions shall be verified by the applicant in its capacity as trustee, or by the beneficiary as the beneficial owner of an interest in such land trust.
(C) Public hearings and notice of public hearings.
(1) Authority. A petition shall be acted upon by the City Council only after a public hearing has been held by the Planning and Zoning Commission and its recommendations have been reported to the City Council. At the hearing, any party may appear in person or by attorney. All public hearings conducted by the Planning and Zoning Commission concerning petitions for amendments, variations, special uses, approval and modification of planned unit developments, and appeals from an order, requirement or decision of the Director of Community and Economic Development or some other officer or department of the city shall be conducted in accordance with the following requirements:
(2) Publication. Except for an appeal from an order, requirement or decision of the Director of Community and Economic Development or some other officer or department of the city, upon receipt of any such petition, the Planning and Zoning Commission shall give notice of the time and place of a public hearing concerning such petition, not more than 30 days nor less than 15 days before the hearing, by publishing a notice thereof, at least once, in a newspaper of general circulation in the city. Except for an amendment to the regulations contained in this subchapter, such notice shall include a legal description of the property that is the subject of the petition, the approximate street location or address, the name of the petitioner, the present zoning classification of the property, and the proposed change or approval requested. In the case of an amendment to the regulations contained in this subchapter, such notice shall include the name of the petitioner and a description of the amendment proposed.
(3) Other notices.
(a) Except for an amendment to the regulations contained in this chapter or the zoning district boundaries or classifications of properties, or an appeal from an order, requirement or decision of the Director of Community and Economic Development or some other officer or department of the city, written notice of the public hearing shall be served not more than 30 days nor less than 15 days before the public hearing, either in person or by U.S. mail, postage prepaid, to all owners of property within 250 feet in each direction, as measured from any lot line of the property which is the subject of the petition. Such owners shall be determined from the tax records of the county. The required notice shall state the location of the property, the time, date and place of the public hearing, and the nature of the petition.
(b) For appeals from an order, requirement or decision of the Director of Community and Economic Development or some other officer or department of the city, the Planning and Zoning Commission shall fix a reasonable time for the hearing and shall give due notice to the parties in interest, and shall decide the appeal within a reasonable time.
(4) Public hearing signs. Except for an amendment to the regulations contained in this chapter, a map amendment initiated by the City Council, or an appeal from an order, requirement or decision of the Director of Community and Economic Development or some other officer or department of the city, the city shall erect a public hearing sign on each frontage of the property that is the subject of the petition within five days after a date has been set for the public hearing. Applicants on behalf of commercial properties shall pay the city $50 to install and remove each public hearing sign. All public hearing signs shall be erected in such a manner as to be visible from the public right- of-way. If no public right-of-way abuts the property, a public hearing sign shall be placed in a position on the property where the public can most readily see it. Public hearing signs shall be approximately 18 inches in height and 24 inches in length, and shall read substantially as follows:
NOTICE
PUBLIC HEARING
FOR THIS PARCEL
FOR MORE INFORMATION
CALL
CITY OF OAKBROOK TERRACE
630-941-8300 EXT. 309
(5) The failure of any person to receive notice of a public hearing shall not invalidate, impair or otherwise affect any action taken by the Planning and Zoning Commission or the City Council with respect to the petition.
(D) Planning and Zoning Commission recommendation. Except for appeals from an order, requirement or decision made by the Director of Community and Economic Development or some other officer or department of the city, for which the Planning and Zoning Commission makes the final administrative decision, the Planning and Zoning Commission shall make its recommendations to the City Council concerning any zoning petition no later than 90 days after the public hearing.
(E) Council decision. Except for appeals from an order, requirement or decision made by the Director of Community and Economic Development or some other officer or department of the city, after receiving the recommendation and report of the Planning and Zoning Commission, the City Council may approve an ordinance granting such petition, and may include any modifications thereof requested by the City Council; deny the petition; or refer the matter back to the Planning and Zoning Commission for further consideration.
(Ord. 07-13, passed 10-9-07; Am. Ord. 07-34, passed 1-8-08; Am. Ord. 14-26, passed 5-13-14; Am. Ord. 22-24, passed 8-23-22)