A. Procedures; Generally: The process for obtaining a variance, map amendment (except zoning ordinance text amendment and Village-initiated map amendment) or conditional use shall be as follows:
1. Application: An application shall be filed, in writing, with the Zoning Officer and shall include a drawing of the property showing its dimensions and also showing all streets, alleys and other properties within one hundred fifty feet (150') of the subject property. The Zoning Officer shall process the application and transmit a copy of the application to the Planning and Zoning Commission for review and public hearing. The application shall contain such information as may be required. The Planning and Zoning Commission shall hold a public hearing within sixty (60) days after filing of the application.
2. Notice Of Hearing:
a. Notice of the public hearing shall be published at least once before the public hearing in a newspaper of general circulation in the Village.
b. The applicant shall give written notice to the owner of record, as shown on the record of the local Real Estate Tax collector, of all lots lying within one hundred fifty feet (150'), exclusive of public rights-of-way, of the property lines of the lot for which the variance, map amendment or conditional use is sought. The written notices shall be delivered personally with written confirmation of receipt, or may be sent by certified or registered mail, properly addressed, with sufficient postage affixed thereon, with return receipt requested. Said notice shall be made not more than fifteen (15) days nor less than five (5) days prior to the date of the public hearing. The applicant shall file a sworn affidavit with copies of the notices with the Zoning Officer, showing the names and addresses of the persons to whom the written notices have been sent. Said affidavit shall be a presumption of the giving of said notices.
c. A published notice shall contain the number assigned to the application, the place, the nature, the purpose and the date and time of such hearing and the common address or location of the property in question, the name and address of the applicant and owner of the property and the office address of the Village Community Development Director where full information, including a legal description, may be obtained concerning the application and shall be published or served not more than thirty (30) days nor less than fifteen (15) days in advance of such hearing.
3. Public Hearing Record: The public hearing shall be conducted by the Planning and Zoning Commission and a record of such proceedings shall be preserved in such manner as the Planning and Zoning Commission shall, by rule, prescribe from time to time.
4. Recommendations Of The Commission: The Planning and Zoning Commission shall make written findings of fact or decisions within one hundred twenty (120) days of the closing of the public hearing.
5. Decisions Of Village Board: After recommendation by the Planning and Zoning Commission, the Village Board may, by ordinance, grant, or grant with modification, the proposed amendment, variance, map amendment or conditional use. If the Village Board does not approve of a proposed amendment, variance, map amendment or conditional use after recommendation by the Planning and Zoning Commission, it may deny the proposed amendment, variance, map amendment or conditional use or refer the proposed amendment, variance, map amendment or conditional use back to the Planning and Zoning Commission.
B. Zoning Title Text Amendments And Village Initiated Map Amendments: The process for a zoning title text amendment or a Village initiated map amendment shall be as follows:
1. Initiation: The Planning and Zoning Commission or the Village Board may initiate a zoning title text amendment or map amendment. The Planning and Zoning Commission shall review the amendment and hold a public hearing thereon.
2. Notice Of Public Hearing:
a. For text amendments which eliminate a permitted or conditional use from a zoning district list of permitted or conditional uses or which imposes more stringent regulations on any zoning district and for Village initiated map amendments, notice of the public hearing shall be published in a newspaper of general circulation in the Village at least one time before the public hearing not more than thirty (30) nor less than fifteen (15) days prior to the date of public hearing.
b. In addition to the published notice provided above, written notice of public hearings for all Village initiated map amendments, other than for the revocation of a planned unit development as provided in subsection 10-11-8C of this title, shall be given to the persons to whom the current Real Estate Tax bills are sent, as shown on the record of the local Real Estate Tax collector, for each parcel of property affected by such Village initiated map amendment. All such notices shall be posted as first class, United States letter carrier mail, not less than ten (10) days prior to the date of the public hearing.
c. All other zoning title text amendments shall follow procedures as specified in subsection A of this section.
3. Public Hearing; Record; Decisions:
a. The public hearing shall be conducted by the Planning and Zoning Commission, and a record of such proceedings shall be preserved in such manner as the Planning and Zoning Commission shall, by rule, prescribe from time to time.
b. After recommendation by the Planning and Zoning Commission, the Village Board may, by ordinance, grant, deny, or grant with modification, the proposed zoning title text or map amendment. (Ord. 17-1864, 11-14-2017)