A public hearing before the Zoning and Planning Commission is required for each application for a rezoning, variation of zone, and/or special use and shall be scheduled not later than sixty (60) days after receipt of the application in proper form unless petitioner requests a later date. Public hearings shall be conducted under the general rules for public hearings as set forth in this Chapter and, as required, shall be conducted by an equally constituted board. All hearings are open to the public and subject to the notice requirements of State law and/or this Chapter. Any persons may appear and speak at a hearing, either in person or by representative. Information, in writing, may be submitted by any person. The presiding officer at a hearing shall administer oaths and may compel the attendance of witnesses. The Commission has the power to subpoena witnesses and relevant materials.
A. Application for Hearing: Application for a public hearing shall be filed, in writing, with the Village administration using such forms as shall be supplied and required by the Village. The application shall contain such information as the Zoning and Planning Commission shall, from time to time, require and shall contain, as a minimum, the address and legal description of the location for which a public hearing is requested, a statement of the purpose and reason for the request, names of all owners of the property in question and the zoning classification in effect, and shall be accompanied by plans showing the proposed use and effect and extent at the public hearing requesting.
B. Fees: The application for a public hearing shall be accompanied by a nonrefundable filing fee as provided in Section 2-1-8 of this Chapter, payable to the Village.
C. Notices:
1. Publication: Upon receipt of a properly executed application for public hearing, the Department of Community Development and Growth Management shall set a date for public hearing to occur not more than sixty (60) days after receipt of proper application unless a later date is requested by the petitioner. The Department of Community Development and Growth Management shall then place in a qualified newspaper of general circulation in the Village a legal notice of public hearing. If more than one qualified newspaper of general circulation is available, the Department of Community Development and Growth Management shall use the newspaper selected by the petitioner if the petitioner indicates a preference. Said notice shall contain, as a minimum, the address and legal description of the property involved, the date, place and time of the public hearing, the general nature and purpose of the proposed request, and the name of the appropriate department of the village from which information may be obtained. Said notice shall be placed not more than thirty (30) nor less than fifteen (15) days prior to the date of the public hearing.
2. Notification To Adjacent Property Owners: At the time of hearing on the application for public hearing, the Department of Community Development and Growth Management shall furnish an affidavit setting forth the names and addresses of the persons who paid the taxes during the last preceding year on each lot or parcel of property lying within the village, and within three hundred feet (300') of the boundary lines of the lot or parcel on which a public hearing is requested, and stating that written notice of the proposed public hearing has been personally served upon said owners of record at least seven (7) days prior to the date of the public hearing, or that said notices have been mailed to said owners of record at least ten (10) days prior to the date of the public hearing. The affidavit shall further certify that owners of tax exempt properties within the same boundaries have been notified as aforesaid. Where such service is by the United States mail, same shall be by first class mail. This affidavit shall be determined to be proper by the attorney advisory to the Zoning and Planning Commission before public hearing can proceed.
3. Notification Of Condominium Owners: Where condominium property is located within the aforementioned three hundred foot (300') notification area, notice shall be provided in the same manner as set forth above, and the following notification regulations shall apply:
a. If the condominium complex, in its entirety, consists of twelve (12) or fewer units, notification shall be provided to the taxpayer of record for each unit.
b. If the condominium complex, in its entirety, consists of more than twelve (12) units, notification shall only be provided to the condominium association.
4. Notification Of Commercial Tenants: Where the petition relates to nonresidential property, notification as set forth above shall also be provided, in the same manner as set forth above, to the occupants of the building or buildings located on the same lot or parcel in relation to which the petition applies.
5. Posting Notice: The petitioner for a public hearing shall cause to be posted on the subject property in a position conspicuously visible and readable from the street, not more than thirty (30) nor less than fifteen (15) days prior to the date of the public hearing, a sign of not less than twenty two inches by twenty eight inches (22" x 28") carrying notice of the application for change, the purpose of the change and the date, time and place of the public hearing. The petitioner is required to place only one sign and shall so certify, by affidavit, under oath, that this has been done. The petitioner is not required to replace any signs which are removed by others or vandalized.
6. Notification Of Legal Action: When any zoning title rule or regulation is sought to be declared invalid by means of a declaratory judgment proceeding, the plaintiff, not more than thirty (30) days before filing suit, shall serve written notice to all property owners of record in the form and manner as required of the Department of Community Development and Growth Management in subsection C2 of this section.
7. Zoning Text Amendments: The notice requirements set forth in this section shall apply to requests for zoning map amendments, variations, and special uses. With respect to zoning text amendments, the only notice that shall be required by this code shall be notice by publication, as provided in subsection C1 of this section.
D. Hearing Proceedings:
1. Oath Required: All persons testifying on behalf of or against any application coming before the Zoning and Planning Commission at a public hearing shall be required to take the following oath before testifying, said oath to be administered by the presiding officer:
I hereby swear that I will tell the whole truth and nothing but the truth on any matter now pending before this Commission.
2. Requirements To Speak: Prior to speaking, each person shall give his or her name and address to the chair. No person refusing to take the oath or give his or her name shall be permitted to speak.
3. Rules Generally: The commission may develop such rules, not in conflict with applicable state law, the zoning title or the codes of the village, as it deems necessary. Such rules shall be reduced to writing and shall be on file and available in the office of the commission. If such rules pertain to conduct of public hearings, they shall be submitted to the board of trustees for approval.
4. Record Of Hearing:
a. The commission shall record, by way of tape recorder, the proceedings of all public hearings.
b. If the petitioner desires to have a court reporter record the public hearing, it shall be the responsibility of the petitioner to provide and pay for a certified court reporter to record the proceedings of the public hearing. Where the petitioner chooses to use a court reporter, one certified transcript of the proceedings thus recorded shall be provided to the village. The certified transcript and/or a transcript of the tape recording shall become a permanent part of the minutes of the public hearing.
c. The commission may permit electronic media, such as videotape or motion picture cameras, with or without accompanying lights if, in its opinion, it is nondisruptive to the meeting.
5. Commission Questions And Opinions: The commission may, at public hearings, question any persons who appear, but the opinion of members of the commission shall be held for discussion after completion of the public hearing. No matter heard at a public hearing may be decided until the commission holds a regularly scheduled meeting for discussion of the item. The commission may postpone consideration from time to time, but must act within sixty five (65) days of the public hearing. If the commission fails to act within sixty five (65) days, the matter shall be forwarded to the board of trustees without recommendation.
E. Hearings Held At: All public hearings shall be a part of either a regular or special meeting of the Zoning and Planning Commission. (Ords. 93-9-24, 94-21-97, 06-12-68, 06-13-81, 19-16-66, 20-14-36)