The following procedures shall apply to all public hearings to be held by the Plan Commission and Zoning Board of Appeals for all requests for right-of-way vacations, subdivision variations, zoning text amendments, zoning map amendments, zoning variations, residential planned unit developments, commercial planned developments, and special uses as authorized by the Village Code.
(a) Submittals. The Village shall supply forms for applicants to complete to apply for Village approval. The information typically asked for on such forms, such as a detailed description of the request, all facts relevant to the property situation, and reasons why the request and facts comply with Village standards, will be used by the Village to make a decision. Additional information may be requested by the Village as deemed necessary to make an informed decision.
(b) Fees. The Village shall require applicants to submit fees to cover the Village's costs for reviewing and processing the application. Application fees are set forth in Section 1262.09, and cost recovery fees are set forth in Chapter 208 of this Code.
(c) Application Review. The Village staff shall review applications, advise applicants regarding the accuracy, completeness, and conformance to Village policies, procedures, plans, and this Code, accept the application and collect fees, forward the application and related documents to the appropriate commission or board, and schedule the application for further review. The application and related documentation submitted by the applicant shall be of public record, and made available for public viewing.
(d) Scheduling. Hearing dates are preset by the Village annually, but may be changed as a result of holidays, lack of a quorum, special events, or for other Village purposes. The Village staff may set due dates for application submittals in order to allow sufficient time for application review and notices. The Village will schedule applications in a timely manner without undue delay. Continuations of a hearing, and recommendations, by the Plan Commission or Zoning Board of Appeals, will be forwarded to the next available meeting date after all required documentation is put together, including written minutes of the hearing and written recommendations. The applicant may request continuations to produce additional information or revised plans and related documents.
(e) Notices. The Village staff shall prepare a written notice of public hearing and arrange for publication of said notice in a local newspaper of general circulation in the Village. Said notice shall contain information relative to the application, including the location of the property, the nature of the proposed development or amendment, petitioner/applicant names, and the hearing time and location. Said notice shall appear at least once in said newspaper no less than fifteen calendar days and no more than thirty calendar days prior to the initial hearing. The Village shall mail a copy of said notice to the applicant and the taxpayer of record of the property that is the subject of the hearing, and the taxpayers of record of surrounding properties within 350 feet of the applicant property, at least once no less than fifteen calendar days and no more than thirty calendar days before the initial hearing. The source of said mail recipients' names and addresses shall be the County Clerk's taxpayer records. The Village shall provide a proof of mailing. The Village shall arrange for a notice sign to be posted at least once on the applicant property during a period no less than fifteen calendar days and no more than thirty calendar days before the initial hearing. Guidelines on notice sign text, size, format, location, and posting shall be as determined by the Village staff. The Village may give additional notices on Village media, such as cable TV, newsletter, website, email, bulletin boards, or announcements at prior meetings. The applicant is encouraged, but not required, to contact neighbors directly, and present plans, resolve issues, and report same to the Village.
(f) Documentation. Letters, plans, photographs, and all other documents presented by the applicant and others at the hearing shall be retained in record file by the Village. The Village shall keep a record of the application, notice, hearing, and subsequent meetings. The Village shall produce written minutes of the hearing and subsequent meetings, and may also make a video or audio recording of same. The Village may determine that a legal stenographic record or similar transcription of the hearing is needed. A summary of the testimony given at the hearing along with findings of fact, recommendations, and votes of the Plan Commission and Zoning Board of Appeals shall be documented in the written minutes. A separate written summary of the hearing may also be prepared.
(g) Order. All interested parties will be given an opportunity to testify at hearings. The Plan Commission and Zoning Board of Appeals may establish rules of decorum to preserve civil discourse.
(Ord. 2010-06. Passed 2-8-10.)